The use regulations specified in this chapter shall be subject to the following general provisions and exceptions:

(a)

Public Transmission And Utility Lines. Public utility, transmission and distribution lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of obtaining a use permit; provided, that the routes of all proposed transmission lines shall be submitted to the planning commission for review and recommendation prior to acquisition of rights of way therefore or application to the public utilities commission.

(b)

Natural Resource Development. The development of natural resources as used within this chapter shall not be construed to mean the drilling of wells or other development or improvements made for the production of water for domestic or irrigation purposes by a person or persons not engaged in the business of furnishing or developing water.

(c)

Manufactured Home Storage. Manufactured homes for which zoning clearance for residential use has not been issued and which are in excess of eight feet (8′) in width and thirty feet (30′) in length may not be stored on any lot in any district other than in the C3, M1 M2 and M3 districts in compliance with adopted regulations for such land use.

(d)

Christmas Tree Sales. Christmas tree sales may be permitted in the C, and M districts with a zoning permit provided, that the zoning permit is limited to a period not to exceed one (1) month.

(e)

Landfill Operations. Zoning permits may be issued for landfill operations utilizing imported material in any district only when the director is satisfied that there has been prior compliance with all other applicable provisions of this code and governing law, and that the filling will not be detrimental to neighboring property.

(f)

Entertainment Establishments. No dance hall, road house, night club, commercial club or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred feet (200′) to the boundary of any residential district unless a use permit is first secured in each case.

No adult entertainment establishment shall be established except in the C3 (general commercial) district and except subject to the following limitations:

(1)

A minimum of one thousand feet (1,000′) from any other adult entertainment business;

(2)

A minimum of one thousand feet (1,000′) from any residential zoning district.

(g)

Minor Land Use Alterations; Grading Within Waterways. Use permit procedures for minor land use alterations and additions or for grading and excavation within a waterway which is also exempt from Section 26A-3a(i) of the county surface mining ordinance may be waived when it is demonstrated to the satisfaction of the planning director that the addition/alteration will not be detrimental to the health, safety or welfare of adjacent land uses or properties or when such alterations are required by another public agency.

(Ord. No. 3436.)

(h)

Multifamily, Commercial And Industrial Uses Within Cities' General Plan Boundaries. The board of supervisors finds and determines that cities have a special and important concern with respect to multifamily (fourplex or larger), commercial and industrial uses that might be established in unincorporated portions of the county that lie within the boundaries of the various city general plans. It is possible that cities will annex at least some of such property in the future. When annexed, the development then existing on such property should be consistent with the particular city's development plan for the area. The procedure established in this section is intended to protect the integrity of city general plans and to permit development that is consistent with the most appropriate development plan for the area involved.

When multifamily (fourplex or larger), commercial or industrial uses are permitted uses under the applicable zoning district regulations, no zoning permit or building permit for any of such uses shall be approved unless:

(1)

The planning director sends a written notice to the affected city stating "the Sonoma County planning department will issue a zoning permit for a (use) on this property if written appeal is not received within twenty (20) days from the date of this notice;" and

(2)

The affected city does not file a written appeal with the planning director requesting a hearing before the planning commission within ten (10) days from the date notice is sent. In the event that the affected city does file a written appeal requesting a hearing before the planning commission within the required time period, the planning commission shall hold a hearing and the decision of the planning commission shall be based on whether the use requested by the application will be consistent with the various elements and objectives of the general plan and will promote the public health, safety, comfort, convenience and general welfare. Notice shall be given in the manner set forth in Section 26-92-050(a). If an appeal is taken to the board of supervisors, the board's decision shall be governed by the same standard.

This subsection shall apply only if both of the following conditions are met:

(i)

The property is within an existing city public sewer service area as shown on the map attached to the ordinance codified in this chapter and on file in the public works department, or within an area projected to be served by public sewers by the Sonoma County local agency formation commission or within the area designated on those certain maps submitted by cities as growth areas and adopted from time to time by the board of supervisors entitled "city-county permit referral maps;"

(ii)

The existing zoning and city general plan are not identical.

(i)

Outdoor Vendors. Outdoor vendors are authorized subject to the following standards:

(1)

All sales will take place at least twenty feet (20′) from the nearest property line, but in no case shall such sales take place within twenty feet (20′) from the edge of any road right-of-way.

(2)

Parking shall be designated for a minimum of three (3) automobiles, located at least twenty feet (20′) off the public right-of-way or twenty feet (20′) from the front property line with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

(3)

No freestanding signs shall be allowed. Two (2) attached signs shall be permitted no larger than sixteen (16) square feet each in area and not located within twenty feet (20′) of the public right-of-way.

(4)

The outdoor sales shall not be conducted in a manner so as to cause a traffic hazard to passing motorists due to poor visibility and/or inadequate sign distance for safe ingress and egress.

(5)

The area designated for outdoor vendor activities, excluding parking, shall not be greater than five hundred (500) square feet unless the zoning administrator finds that a larger area so designated will not be detrimental to the health, safety or general welfare of persons residing or working the area.

(6)

The use permit shall remain in effect for a maximum of one (1) year, after which approval of a new use permit will be required to continue. The planning director or designee may issue the second and subsequent use permit without a public hearing based upon evidence submitted by the applicant that the operation was conducted in compliance with the conditions and provision of the previous use permit. Uses not authorized by a valid use permit will be subject to abatement proceedings.

(7)

All applicable permits from other county departments shall be obtained prior to operating the outdoor vendor business on the premises.

(Ord. No. 3348.)

(j)

Open Space Easements. The board of supervisors may require, on appeal or otherwise, and the planning commission may recommend, as a condition of approval of a development application, the dedication of an open space easement on all or a portion of the property to be developed. Applications for development shall include, but not be limited to, applications for general plan amendments, specific plan amendments, rezonings, major and minor subdivisions, use permits or precise development plans. Prior to requiring an open space easement or an offer of easement pursuant to this section, the board or commission shall make one (1) of the findings set forth in subsections (j)(1) through (3) in addition to making the findings set forth in subsections (j)(4) and (5).

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources;

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare;

(5)

The acquisition of the scenic/open space easement is consistent with the general plan.

Open space easements exacted pursuant to this section may, at the discretion of the board or commission include, but not be limited to, any of the following:

(i)

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property;

(ii)

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure or vehicle intended for human occupancy or commercial purposes at the site;

(iii)

A prohibition of any act which will materially change the general topography or the natural form of the subject property;

(iv)

A prohibition on the division of the subject property into two (2) or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition;

(v)

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in subsections (i) through (iv), inclusive including the right to prohibit entry thereon by unauthorized persons;

(vi)

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water;

(vii)

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice;

(viii)

A reservation of rights to the grantor to use and develop the subject property from time to time for agricultural purposes.

Open space easements exacted pursuant to this section shall run with the land and shall continue until such time as the board of supervisors, at its discretion, abandons the county's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the county to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq. (Ord. No. 3606).

(k)

Employee Housing Act Compliance. Notwithstanding any other provision in this chapter, no discretionary approval shall be required under this chapter for employee housing, as defined in California Health and Safety Code Section 17008, that is deemed an agricultural land use for the purpose of California Health and Safety Code Section 17021.6. If any provision in this chapter conflicts with a mandate of the Employee Housing Act (California Health and Safety Code Div. 13, Pt. 1,) as it relates to employee housing, the mandatory provision of the Employee Housing Act shall prevail. All citations in this section are to the identified statute or its successor statute as applicable.

(l)

Seasonal farmworker housing shall meet the following standards:

(1)

Seasonal farmworker housing shall be located on parcels of one and one-half (1½) acres or more having an agricultural or resources and rural development general plan land use designation. Such parcels shall be owned by the applicant. If less than ten (10) acres, such parcels shall be located within one (1) mile of a minimum of twenty (20) contiguous acres of land cultivated and either owned or long term leased by the applicant.

(2)

Seasonal farmworker housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road's use as access for the seasonal farmworker housing.

(3)

Seasonal farmworker housing located on parcels of less than ten (10) acres shall house no more than nineteen (19) workers, including a caretaker, at any time unless a use permit is first obtained.

(4)

Seasonal farmworker housing and support structures shall be set back a minimum of fifty-five feet (55') from the center line of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs and accessory buildings. Seasonal farmworker housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry. These setbacks may be reduced if a use permit is first obtained.

(5)

Seasonal farmworker housing shall have off-street parking provided at a ratio of one (1) space per four (4) persons housed. The parking does not need to be covered or paved, but may not be located within any scenic corridor setback unless a use permit is first obtained. Parking areas shall be screened from public view by buildings, fences, landscaping or terrain features.

(6)

Seasonal farmworker housing may be either one (1) or two (2) story structures.

(7)

Seasonal farmworker housing shall be occupied no more than one hundred and eighty (180) days in any calendar year. The director of permit and resource management department may restrict the occupancy of seasonal farmworker housing to one hundred and thirty-seven (137) days between July 1st and November 15th in any calendar year for health and safety reasons.

(8)

Seasonal farmworker housing having accommodations for at least six (6) workers may have a single caretaker unit per parcel occupied year-round, provided that the property meets the criteria for an agricultural employee housing unit, there are no other permanent residences on the property, and a zoning permit for the caretaker unit is obtained.

(9)

Seasonal farmworker housing shall not be located within any floodway.

(10)

Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished floor of the living quarters above the one hundred (100) year flood level, but may have a storage area below the living quarters.

(11)

Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal field at least one hundred feet (100') removed from the ten (10) year flood elevation unless otherwise authorized by the director of environmental health.

(12)

Seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and safety hazard.

(13)

Prior to the issuance of a building permit for seasonal farmworker housing, the applicant shall place on file with the planning department an affidavit that the seasonal farmworker housing will be used to house persons employed for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the seasonal farmworker housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use, the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

(m)

See Section 26-88-015, tree protection ordinance.

(n)

Area Design Review Committees. Where development is proposed on parcels which are subject to area design review committees which have been created by resolution of the board of supervisors, the following shall apply.

(1)

Prior to issuance of a building permit, the development plan will be reviewed and approved, conditionally approved, or denied by the planning director on the basis of site planning as it relates to designated open space or design policies of adopted general, specific or area plans or other such design criteria as may have been adopted by the board of supervisors.

(2)

Concurrent with the submittal of the development plan to the planning director, the owner shall submit the advisory recommendation of approval, conditional approval or denial of the local design review committee with jurisdiction over the parcel.

(3)

The planning director shall consider the advisory recommendation of the local design review committee but shall not be bound by it.

(4)

Discretionary decisions of the planning director approving, conditionally approving or denying a building permit pursuant to this section are appealable in accordance with Section 26-92-040.

(o)

Year-Round And Extended Seasonal Farmworker Housing. Year-round and extended seasonal farmworker housing shall meet the following standards:

(1)

Year-round and extended seasonal farmworker housing shall be located on parcels of ten (10) or more acres having an agricultural general plan land use designation for an agricultural employee housing unit. Year-round and extended seasonal farmworker housing may also be located on a parcel of ten (10) acres or more having a resources and rural development general plan land use designation, provided the parcel is under Williamson Act contract or subject to a conservation easement or agricultural easement.

Notwithstanding the above, year-round and extended seasonal farmworker housing may be located on a parcel five (5) acres or less pursuant to Government Code Section 51230.2, when such farmworker housing otherwise meets the provisions of this subsection and the standards of the underlying zoning district. Such parcels shall be owned or leased by the applicant, unless the parcel is being subdivided pursuant to Government Code Section 51230.2 in which case it shall be owned by a public entity, or by a qualified non-profit agency.

(2)

Year-round and extended seasonal farmworker housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road's use as access for the seasonal farmworker housing

(3)

Year-round and extended seasonal farmworker housing located on any parcel shall house no more than thirty-eight (38) workers at any time, unless a use permit is first obtained.

(4)

Year-round and extended seasonal farmworker housing and support structures shall be set back a minimum of fifty-five feet (55') from the centerline of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs, and accessory buildings. Year-round and extended seasonal farmworker housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry. On parcels adjacent to a residential zoning district, year-round and extended seasonal housing shall be set back a minimum of five hundred feet (500') from the property line adjacent to the residential zoning district. These setbacks may be reduced if a use permit is first obtained.

(5)

Year-round and extended seasonal farmworker housing shall have off-street parking provided at the ration of one (1) space per four (4) persons housed. The parking does not need to be covered, but may not be located within a scenic corridor setback unless a use permit is first obtained. Parking areas shall be screened from public view by buildings, fences, landscaping or terrain features.

(6)

Year-round and extended seasonal farmworker housing may be either one (1) or two (2) story structures.

(7)

Year-round and extended seasonal farmworker housing shall not be located within any floodway.

(8)

Year-round and extended seasonal farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished floor of the living quarters above the one hundred (100) year flood level, but may have a storage area below the living quarters.

(9)

Year-round and extended seasonal farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal field at least one hundred feet (100') removed from the ten (10) year flood elevation unless otherwise authorized by the director of environmental health.

(10)

Year-round and extended seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and safety hazard.

(11)

Prior to the issuance of a building permit for year-round and extended seasonal farmworker housing, the applicant shall place on file with the planning department an affidavit that the year-round and extended seasonal farmworker housing will be used to house persons employed for agricultural purposes. Further a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the year-round and extended seasonal farmworker housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

(p)

Residential use of a travel trailer, recreational vehicle, manufactured home, or other transportable housing unit as defined and allowed in the California Building Code shall meet the following standards:

(1)

Parcel shall be at least six thousand (6,000) square feet in size.

(2)

One (1) or more temporary units may be allowed per parcel subject to the requirements of this subsection.

(3)

The temporary unit shall meet zoning setback requirements, scenic resource (SR) requirements, existing building envelope restrictions, and, where applicable, have approval from board or specific plan designated design review committees.

(4)

The temporary unit shall not be considered a separate residential unit for the purpose of density or calculating development impact fees (sewer system, park and traffic fees, etc.).

(5)

The temporary unit shall have an approved connection to the existing or expanded septic system or sanitary sewer system. The unit shall also have an approved connection to the existing well or a public water system. The temporary unit shall have an approved electrical and/or gas source per the model California Residential Code. If a connection to an existing septic or sewer system is not feasible, then a contract for hold and haul services for domestic waste may be substituted for connection to an existing septic or sewer system, where the hauler is in compliance with all state law requirements, including holding a valid registration issued by the California Department of Toxic Substances Control for the transport of hazardous wastes.

(6)

Prior to the renewal of a permit for a temporary unit allowed under this subsection. The applicant must submit an application at least thirty (30) days prior to expiration of the term of the issued temporary permit. Applicants for renewal who provided a hold and haul contract in lieu of connection to on site septic or sewer systems on the previous term must provide proof of unbroken service from the servicing contractor as well as a contract for the new permit term.

(7)

Within sixty (60) days of cessation of the residential use described in this subsection, all occupancy of the unit shall cease, and the temporary unit shall be disconnected from all utilities and/or sewage disposal systems. For temporary units allowed during the construction of a single family dwelling or accessory dwelling unit, this requirement shall be a condition of final occupancy on the building permit for new construction.

(8)

Following required disconnection of utility service, the temporary unit may only remain on the property if such storage is permitted under Chapter 26 and all other applicable laws.

(9)

A travel trailer, recreational vehicle, manufactured home, or transportable housing unit used as temporary housing under this section shall not be allowed on any lot with health and safety hazards, as determined in the discretion of the director.

(10)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit for residential use is allowed in one (1) of the following conditions:

i.

During the construction or major remodel/addition of a single family dwelling. A building permit for the proposed construction must be ready for issuance.

ii.

Prior to the application of a building permit for, or during the construction of an accessory dwelling unit as allowed by the primary and combining zoning districts and as defined in Section 26-88-060. These temporary units are not allowed in the Z accessory dwelling unit exclusion combining districts. Water supply must be demonstrated pursuant to Section 7-12 of this code.

iii.

An administrative permit for the residential use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit shall be obtained. Such permits shall expire one (1) year from the date of issuance. Application for a temporary permit, or renewal of a temporary permit, shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection.

(11)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit:

i.

Use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit shall be limited to residential use by an ill, convalescent or otherwise disabled friend or relative needing care from the occupant of the primary residence, or a friend or relative providing necessary care for an ill, convalescent or otherwise disabled occupant of a permitted permanent residential unit on site. The need for care shall be documented by a letter from a physician.

ii.

An administrative permit for residential use of a travel trailer, transportable housing unit, or recreational vehicle shall be obtained. Such permits shall expire one (1) year from the date of issuance. Permits may be renewed annually. Permit and renewal applications shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection. Renewal applications shall be submitted prior to permit expiration and shall include an updated letter from a physician.

iii.

The number of caregiver units is limited to one (1) per legally established primary dwelling unit.

iv.

The temporary caregiver unit shall not be rented, let or leased.

v.

No more than two (2) people may occupy the travel trailer or recreational vehicle.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 6458, § XIV, 12-5-2023; Ord. No. 6406, § IV(Exh. A), 3-14-2023; Ord. No. 5964, §§ VIII, IX, 1-31-2012; Ord. No. 5570 § 2, 2005; Ord. No. 5569 § 9, 2005; Ord. No. 5154 § 1(a), 1999; Ord. No. 5016 § 1(q), 1997; Ord. No. 4839 § 1(F), 1994; Ord. No. 4643, 1993.)

The use regulations specified in this chapter shall be subject to the following provisions and exceptions related to tree protection:

A.

General Provisions.

1.

Defined terms. As used in this Section 26-88-015:

a.

A reference to "this ordinance" is to Section 26-88-015.

b.

A reference to a "subsection" is to a subsection A.—E. of this ordinance, unless otherwise specified.

c.

"Housing development project" shall be defined as provided in Government Code, Sec. 65589.5(h).

2.

The intent of this ordinance is to:

a.

Support essential community and ecosystem functions of trees by requiring their protection and requiring mitigations for their removal; and

b.

Facilitate hazard reduction, forest health, and property maintenance by exempting qualifying activities from permits or mitigations.

3.

Except as otherwise provided in this ordinance, land uses shall be designed to avoid the destruction of protected trees.

4.

Permit requirement.

a.

Unless a use permit is required per subsection A.4.b. or an exemption applies under subsection B., a ministerial zoning permit is required for removal of protected trees.

b.

Unless an exemption applies under subsection B., a use permit is required for the following:

1.

Removal of redwoods with single stem d.b.h. exceeding forty-eight inches (48").

2.

Removal of oaks and other hardwoods with single stem d.b.h. exceeding thirty-six inches (36").

Use permits for large tree removal shall not be approved unless the decision maker makes the findings required by Section 26-92-080, mitigation is provided for as described in subsection E of this ordinance, and the tree removal is done in a manner that is in support of the intent of this ordinance.

5.

A permit application for removal of protected trees shall:

a.

Include a site plan for that parcel that (1) identifies the area of the parcel that encompasses the protected perimeter of protected trees proposed for removal, and (2) within that area additionally identifies the following:

1.

Protected trees greater than six inches (6″) diameter at breast height (d.b.h.) proposed for removal or retention; and

2.

Existing and proposed structures, including agricultural and residential accessory structures; and

3.

Existing and proposed land uses; and

4.

Existing and proposed accessory uses of the land; and

5.

Existing and proposed building envelopes; and

b.

Specify the proposed plan for complying with subsection E. for mitigation, including a description of and all locations of proposed plantings; and

c.

Be accompanied by required application fees and include all other information that may be required on the application form or by the director, necessary to make determinations under this ordinance.

6.

Interpretation and application.

a.

As applied to a housing development project, this ordinance shall accommodate development at the density and intensity allowed by the site's zoning and as permitted in compliance with applicable state law, including but not limited to the state density bonus law.

b.

Compliance with this ordinance shall not render a legal parcel undevelopable.

7.

Preemption. This ordinance shall apply except to the extent preempted by state or federal law.

8.

Housing development projects that qualify as "housing for very low-, low-, or moderate- income households," as defined in Government Code Section 65589.5(h), and by right housing development projects that are zoning compliant and located entirely within a general plan-designated urban service area, are not subject to mitigation required by subsection E of this ordinance.

9.

Compliance with this ordinance does not alleviate the need to comply with all other local, state, or federal requirements that may be applicable to tree removal, including any prohibitions, permits, approvals, or authorizations required by local, state, or federal resource agencies.

10.

Permit Sonoma and the Department of Agriculture are authorized to enforce this ordinance.

B.

Exemptions. The following activities are exempt from this ordinance, subject to the limitations and exceptions specified for each activity:.

1.

Health and Safety Exemptions.

i.

Fire Risk Reduction.

1.

Protected tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A and California Public Resources Code Section 4291.

2.

Protected tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.

3.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

4.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is undertaken by the county, CAL FIRE, or other public agencies. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26- 02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

5.

Protected tree removal authorized by a plan, program, project, or entitlement subject to direct oversight of the tree removal work by a governmental agency.

ii.

Emergency Operations. Protected tree removal or activities that may result in protected tree removal undertaken by public agencies during emergency operations or in post-disaster remediation. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

iii.

Hazardous, Dead, Dying, or Diseased Trees.

1.

Removal of a hazardous, dead, dying, or diseased protected tree is exempt from this ordinance if either of the following criteria are met:

a.

The removal of the hazardous, dead, dying, or diseased protected tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space; or

b.

The removal of the hazardous, dead, dying, or diseased protected tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot be remedied.

2.

Removal of a hazardous, dead, dying, or diseased protected tree that would otherwise require a use permit for tree removal, requires a ministerial zoning permit, and is otherwise exempt from subsection E., "Required mitigations for removal of protected trees," of section 26-88-015, if the following criteria are met:

a.

The hazardous, dead, dying, or diseased tree is over thirty-six inches (36") dbh;

b.

Tree removal will occur outside of the defensible space zone of a structure as defined by county code Chapter 13A and state law applicable to defensible space;

c.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

3.

The removal of a hazardous, dead, dying, or diseased protected tree subject to a ministerial zoning permit is exempt from subsection E., "Required mitigations for removal of protected trees," of this ordinance, if the following criteria are met:

a.

The permit application includes a written determination by a certified arborist or registered professional forester that concludes that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

4.

An application for a permit for removal of the hazardous, dead, dying or diseased trees required by this ordinance may be submitted within thirty (30) days after hazardous tree removal, where immediate removal was necessary for public health or safety reasons.

5.

The director may waive standards that are otherwise applicable to a permit application for removal of a hazardous, dead, dying, or diseased protected tree, upon findings that such waiver is necessary to comply with subsection A.6. of Section 26-88-015.

2.

Stewardship and Resource Management Exemption.

1.

Resource conservation, restoration, or enhancement projects. Protected tree removal for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work or has approved or funded the work. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

2.

Removal of protected trees provided for in a county approved oak woodland management plan, or forest management plan, natural communities conservation plan, habitat conservation plan, streamside conservation plan or similar conservation management plan as determined by the director.

3.

Forest Management Activities Exemption. Removal of protected trees is exempt from this ordinance if it meets any of the following criteria:

i.

Timber Harvest. The tree removal occurs as part of activities that are the subject of a valid timber harvesting permit approved by the State of California;

ii.

Timber Management. The tree removal occurs as part of activities that meet the definition of timber management on RRD or TP zoned parcels; or

iii.

Forestry Activities.

iv.

The tree removal occurs as part of activities defined in California Public Resources Code Sections 750 through 781 as forestry conducted on forested landscapes overseen by a registered professional forester.

4.

Pest Control Exemption. The protected tree removal occurs as part of selective vegetation removal that is part of an integrated pest management program administered by a state licensed pest control advisor.

5.

Maintenance of Existing Agricultural Activities Exemption. Unless otherwise specified, the following are exempt from this ordinance :

i.

Removal of protected trees no more than necessary to maintain existing grazing, livestock management, or similar agricultural production, not involving cultivation or structures, means: (1) maintenance of existing access roads; (2) maintenance of associated infrastructure; (3) activities necessary to maintain agricultural use of the existing agricultural operation. The intentional clearing of protected trees for the purposes of establishing new grazing or livestock areas is not exempt.

ii.

Removal of protected trees no more than necessary to maintain an existing cultivated agricultural crop area, as follows: (1) maintenance of existing access roads; (2) maintenance of drainage or drainage infrastructure; (3) maintenance of irrigation or irrigation infrastructure; (4) activities necessary to maintain agricultural use of the existing agricultural crop cultivation area, including planting, seeding, fertilizing, weeding, tree trimming, and harvesting.

iii.

Protected tree removal is not exempt from this ordinance if it is for the expansion of existing cultivation areas or the establishment of new cultivation areas into land not used for agricultural crop cultivation at the time this provision became effective, and no other exemption applies.

6.

Property Maintenance Exemption. Unless otherwise specified, the following are exempt from this ordinance:

i.

Residential maintenance activities. Protected tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.

ii.

Nuisance trees. Removal of a protected tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.

iii.

Septic. Protected tree removal to allow an existing on-site sewage disposal system that poses a threat to human health or safety to be repaired or replaced, so long as no alternative option exists that would both cure the threat to human health and safety and avoid the protected tree removal.

C.Construction

Standards. Development permit applications proposing a project or activity involving disturbance on or within the protected perimeter of retained protected trees shall be subject to the following construction standards, unless the director waives one (1) or more standards and makes findings consistent with subsection A.6. of section 26-88-015:

1.

Protected trees, their protected perimeter and whether they are to be retained or removed are to be clearly shown on all improvement plans. A note shall be placed on the improvement plans that "Construction is subject to requirements established by Sonoma County to protect certain trees."

2.

Before the start of any clearing, excavation, construction or other work on the site, every tree designated for protection on the approved site plan shall be clearly delineated with a substantial barrier (steel posts and barbed wire , chain link fencing, orange construction fencing, or other exclusionary barrier) at the protected perimeter or limits established during the permit process. The delineation markers shall remain in place for the duration of all work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any protected tree.

3.

Where proposed development or other site work must encroach upon the protected perimeter of a protected tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients. Tree wells or other techniques may be used where advisable. No changes in existing ground level shall occur within the protected perimeter unless a drainage and aeration scheme approved by a certified arborist is utilized. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

4.

No storage or dumping of oil, gasoline, chemicals or other substances that may be harmful to trees shall occur within the protected perimeter of any tree, or any other location on the site from which such substances might enter the protected perimeter.

5.

If any damage to a protected tree should occur during or as a result of work on the site, the county shall be promptly notified of such damage. If a protected tree is damaged so that it cannot be preserved in a healthy state, the planning director shall require replacement in accordance with the arboreal value chart. If on-site replacement is not feasible, the applicant shall pay the in-lieu fee to the tree replacement fund.

D.

General Development Provisions. Development removing protected trees shall adhere to the following.

1.

Underground trenching for utilities shall avoid tree roots within the protected perimeter. If avoidance is impractical, tunnels should be made below major roots. If tunnels are impractical and cutting roots is required, it shall be done by hand-sawn cuts after hand digging trenches. Trenches shall be consolidated to serve as many units as possible.

2.

Compaction within the protected perimeter shall be avoided.

3.

Paving with either concrete or asphalt over the protected perimeter should be avoided. If paving over the protected perimeter cannot be avoided, affected trees shall be treated as removed for purposes of calculating arboreal values.

4.

Wherever possible, septic systems and/or leachlines shall not be located on the uphill side of a protected tree.

5.

An application for a development permit that proposes removal of one (1) or more protected trees, or that would impact a protected tree, shall demonstrate that no feasible options are available to avoid removal or impacts to protected trees.

6.

Security posted for the purpose of insuring the proper construction of public or private improvements shall also include an amount sufficient to secure any requirements imposed pursuant to this section. In addition, security for potential tree damage shall be twenty-five percent (25%) of the amount posted for planned tree replacement. In lieu fees shall be paid prior to recording any maps. Such security shall not be released until protection requirements, including planting replacement trees, and any long term maintenance requirements have been satisfactorily discharged. The initial bond amount may be reduced to cover only the maintenance and replacement of trees after construction is completed.

7.

The Valley Oak-Quercus lobata shall receive special consideration in the design review and other discretionary permit processes to the extent that mature specimens shall be retained to the fullest extent feasible. Valley Oaks contribute greatly to Sonoma County's visual character, landscape, habitat, carbon sequestration and they provide important visual relief in urban settings. On existing parcels created without the benefit of an accompanying EIR, review shall focus on the preservation of Valley Oaks to the fullest extent feasible. Where such preservation would render a lot unbuildable, partial protection with accompanying appropriate mitigations developed by a certified arborist shall be incorporated into the project design. In such cases where only partial protection can be achieved, full replacement in accordance with the arboreal value chart shall be required.

E.

Required mitigations for removal of protected trees. Unless otherwise exempt, the removal of protected trees is subject to required mitigation, which shall be provided through tree replacements or in-lieu payment, consistent with the options provided in this subsection E.

1.

Option 1. Tree Replacement Using Arboreal Value Chart No. 1

2.

Option 2. In-lieu Payment. The following in-lieu payments apply:

a.

For tree removal requiring a use permit for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, payment amount shall be determined using a methodology for tree replacement cost contained in the most recent version of "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers or an alternative methodology of common practice acceptable to the applicable decision maker issuing the permit. Appraisal of cost shall be conducted by a qualified professional certified or licensed to make such determinations.

b.

For protected tree removal not subject to the use permit requirements for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, the in-lieu payment shall be five hundred ten dollars ($510.00) per arboreal value point as determined by Arboreal Value Chart No. 1.

Arboreal Value Chart No. 1: To Be Used for Measuring Protected Trees Proposed for Removal

EXPAND

Total Arboreal Value

The arboreal value (the A.V.) is used to calculate the replacement number or in-lieu fee payment.

Chart No. 2 Complete Site Analysis

An applicant utilizing mitigation plantings shall (1) submit a plan that identifies the location of mitigation plantings on-site, off-site, or on a combination of on- and off-site locations; (2) submit a plan for monitoring of replacement plantings for survival; and (3) where off-site mitigation plantings are planned, in whole or part, submit evidence acceptable to the director that suitable on-site locations are not available. Where mitigation plantings are utilized, and off-site planting is permitted, off-site locations that are geographically close to the on-site location of tree removal are encouraged.

Arboreal Valuations. All trees to be replaced shall be the same native species as that removed unless specific approval has been granted by the director or the agricultural commissioner.

** The large trees must come from nurseries where they have been irrigated.

*** Monitoring shall be required for a period of seven years to ensure that trees have survived. An annual report shall be prepared and submitted by the applicant to the Department identifying the status of mitigation plantings' survival. Any mortality that occurs during the reporting period shall be replaced.

In-lieu fees will be used to acquire and protect stands of native trees in preserves or place trees on public lands.

(Ord. No. 6478, § V(Exh. A), 4-30-2024)

Editor's note— Ord. No. 6478, § V(Exh. A), adopted April 30, 2024, set out provisions intended for use as Section 26-88-010(m). For clarity due to its length and to preserve the subsection numbering style, these provisions have been included herein as a new Section 26-88-015 at the discretion of the editor.

(a)

The use of land as permitted for the district in which it is located shall be permitted on a lot of less area or width than that required by the regulations for such district, unless the owner of such lot owns any contiguous lot, in which case such lots shall be treated as one lot; provided, however, that such lots shall not be treated as one (1) lot if any of the following four (4) conditions are met:

(1)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is served by public sewer and is at least five thousand (5,000) square feet in area;

(2)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is not served by public sewer and is at least twenty thousand (20,000) square feet in area;

(3)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to Williamson Act Agricultural Preserve Contract, and conforms to minimum income requirements set forth in the Agricultural Preserve Contract;

(4)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to timber preserve and is eighty (80) acres or larger.

(b)

For purposes of the section, "served by public sewer" means that a governmental agency providing sewer service states in writing and without qualification that it will provide sewer service to the subject property.

(c)

Contiguous parcels not conforming to subsections (a)(1), (2), (3) and (4) of this section may be merged into one (1) parcel subject to the provisions of Section 26-12-030 of the subdivision ordinance.

(Ord. No. 4643, 1993.)

(a)

In an AR, RR, R1, R2, R3 or K district, no fence shall hereinafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

(Ord. No. 4643, 1993; Ord. No. 3180, § VI.)

(a)

In the case of a through lot abutting on two (2) streets, no building shall be located so as to encroach upon the front yard required on either street. This provision may be waived for swimming pools when it is demonstrated to the satisfaction of the planning director that the location will not be detrimental to the health, safety or welfare of adjacent land uses or properties. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 3932.)

(b)

Any dwelling use to be located in any C district shall provide front, side and rear yards as required in the R3 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.

(c)

Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the planning director shall make such determinations as necessary for the administration of this chapter.

(d)

In any case where an official plan line has been established as part of the street and highway plan, the required yards on the street side shall be measured from such official plan line, and in no case shall the provisions of this chapter be construed as permitting any structure to extend beyond any such official plan line.

(e)

In any case where a building setback line or building envelope has been established by a recorded parcel map, final subdivision map or a specific plan, and such setback is different from the setback required by the zoning district in which the parcel is located, the established building setback line cannot be waived by the planning director nor through a variance procedure.

(Ord. No. 3932.)

(f)

Protect and encourage agricultural production by establishing a buffer between agricultural production on lands either designated in one (1) of the three (3) agricultural land use categories in the general plan or lands included within the AR zoning district, where any such lands abut a nonagricultural land use conducted on land outside the three general plan land use categories. Generally, buffers shall be defined as a physical separation of one hundred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

Notwithstanding the provisions of Article 94 (nonconforming uses) where the imposition of the buffer creates a nonconforming condition, expansion or modification of such use may be permitted, provided that encroachment into the setback does not exceed that of the existing structure.

"Agricultural production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. No buffer or setback shall be created by the acquisition of a portion of a parcel devoted to an agricultural operation.

The provisions of this subsection (g) of this section shall only apply to discretionary permits which are either appealable pursuant to the chapter or over which the board of supervisors has original jurisdiction.

(g)

In any TP, LIA, LEA, DA, RRD, RRDWA, AR or RR district the required yard standards may be reduced when the planning director finds that such reduction(s) are appropriate in light of topography, vegetation or unique physical characteristics. In determining such findings, consideration will also be given to visibility from public roads and adjacent properties. Such reduction shall not result in a front yard of less than ten feet (10′) for any garage or carport opening. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 4643, 1993.)

(a)

Building lines may be established for the purpose of determining building locations. Such building lines shall be indicated on the zoning maps.

(b)

Building lines shall be measured from the property line or adopted plan lines and shall supersede the front yard setback requirements of the zoning district within which the particular parcel(s) is located.

(c)

Building lines shall be established in the manner provided by Article 94.

(Ord. No. 4643, 1993.)

(a)

Purpose. This section implements the requirements of Government Code § 65852.2 and the provisions of the general plan housing element that encourage the production of affordable housing by means of accessory dwelling units (ADUs).

(b)

Definitions. As used in this section:

(1)

"Multifamily" means a structure with two (2) or more attached dwellings on a single lot.

(2)

"Objective standards" mean numeric and/or fixed standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the public official prior to submittal.

(3)

"Primary residence" means an existing or proposed single-family dwelling or multifamily structure on the lot on which the ADU or ADUs is or are proposed to be established.

(4)

"Accessory structure" means a legally permitted structure that is accessory and incidental to a primary residence located on the same lot.

(5)

"Existing space" means floor area that is legally permitted or recognized as legal by the Director.

(6)

"Floor area" means the interior habitable area of the dwelling unit, including but not limited basements and attics, but does not include a garage or any accessory structure. Floor area shall be calculated by measuring the interior perimeter of applicable areas.

(7)

"Groundwater availability zone" means an area designated as Groundwater availability class 1, 2, 3, or 4 pursuant to the general plan water resources element and depicted on Sonoma County's groundwater availability map maintained by the permit and resource management department.

(8)

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

(9)

"Studio" means a dwelling unit in which the living area is not separated from the sleeping area.

(10)

"Major transit stop" has the same definition as specified in Section 21155 of the Public Resources Code.

(11)

"High quality transit corridor" has the same definition as specified in Section 21155 of the Public Resources Code.

(c)

Applicability.

(1)

ADUs shall be ministerially permitted in zoning districts that allow single-family or multifamily dwellings, in compliance with Government Code § 65852.2, the requirements of this section, and all other requirements of the applicable zoning district in which an ADU is permitted. The department shall approve or deny an application to create an ADU within sixty (60) days from the date it receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

(2)

On lots in LIA, LEA, DA, and RRD zoning districts, ADUs shall be permitted in conjunction with a primary residence, except where a lot is eligible for one (1) or more agricultural employee housing units and an application has been filed for an ADU, that lot shall be eligible for one (1) fewer agricultural dwelling unit. Where a lot contains the maximum agricultural dwelling units permitted on the lot, those units are deemed ADUs and no additional ADUs are permitted. Agricultural employee housing includes farm family dwelling units, caretaker units, year-round farmworker housing, or agricultural employee dwelling units.

(3)

ADUs are prohibited in the Z (accessory dwelling unit exclusion) combining district.

(4)

ADUs with water provided by a groundwater well or spring in class 3 and 4 groundwater availability zones shall be limited as follows:

(i)

In class 3 areas, ADUs shall be permitted only if:

(A)

The domestic water source is located on the subject lot, or a mutual water source is available; and

(B)

Groundwater yield is sufficient for the existing and proposed use, pursuant to Section 7-12 of the Sonoma County Code.

(ii)

In class 4 areas, or critical habitat areas as identified by the county and informed by state or federal agency publications of critical habitat areas for fisheries, an ADU shall be permitted only if:

(A)

Both requirements for class 3 areas, above, are met; and

(B)

The ADU can be shown to have a net zero increase in water usage on the lot, following the most recent guidance, policy, or procedure adopted by the director of Permit Sonoma.

(d)

Density. As provided by Government Code § 65852.2, ADUs do not exceed the allowable density for the lot on which the ADU is located, and are consistent with the general plan and zoning for the lot.

(e)

Permit Requirements. Construction permits (including, but not limited to, building, grading, well, septic, and sewer permits, as applicable) shall be required to establish an ADU. ADUs must comply with applicable building and fire codes, including providing evidence of adequate wastewater disposal capacity, water supply, access, and that any required permits have been obtained and all applicable fees have been paid. Water supply must be demonstrated pursuant to Section 7-12 of this Code.

(f)

Fees. Applicable development fees shall be charged proportionately by the square footage of the ADU in relation to the square footage of the primary residence. On a lot that contains a multifamily dwelling, the proportionality shall be based on the average square footage of the units within the multifamily dwelling structure. No fees shall be charged for ADUs of less than seventy hundred fifty (750) square feet.

(g)

Timing. An ADU is allowed on a lot with an existing or proposed primary dwelling unit. A certificate of occupancy for an ADU shall not be issued prior to a certificate of occupancy for the primary residence. Existing dwellings meeting the standards of this ordinance may be re-designated as an ADU, when a new primary dwelling unit is proposed, and with the approval of a zoning permit.

(h)

Development Standards.

(1)

Unit Type. An ADU may be attached to an existing primary residence, converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.

(2)

Number of Units. The number of ADUs allowed on a single lot shall be:

(i)

On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached to a proposed single family dwelling or within the existing space of a single family dwelling or accessory structure, and one (1) detached, new construction ADU.

(ii)

On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the existing units in the multifamily dwelling, but at least one (1), converted from existing non-livable space in a multifamily structure.

(iii)

On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.

(3)

Location. ADUs shall be located subject to the following setbacks, and in conformance with any easements and building envelopes:

(i)

Front Yard Setback: As established by the base zoning district, unless compliance with the setback would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(ii)

Side and Rear Yard Setbacks: Four (4) feet.

(iii)

No setback shall be required for an ADU converted from existing space within the primary residence or an accessory structure, or for an ADU constructed in the same location and to the same dimensions as an existing accessory structure.

(iv)

Riparian Corridor Setbacks. ADUs shall observe applicable setbacks of the riparian corridor (RC) combining district as provided in Article 65 of this Code. If the setback would not permit an eight hundred (800) square foot ADU that meets applicable height standards, then the ADU shall provide a minimum of four-foot side and rear yard setbacks and comply with applicable permit requirements for development within the riparian corridor setback. An application for an ADU proposed within the RC setback shall not be considered complete until the applicable permit for development within the riparian corridor setback is obtained.

(v)

ADUs shall adhere to subsection (m), construction standards.

(4)

Height.

(i)

Detached, new construction:

(A)

On lots with an existing or proposed single-family residence, ADUs shall be limited to the height limit for accessory structures established by base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet.

(B)

On lots with existing or proposed multifamily dwellings, ADUs shall be limited to eighteen (18) feet in height.

(ii)

Attached to the primary residence, or converted from existing space in the primary residence: The ADU shall comply with the height limit established by the base zoning district.

(iii)

Attached to or converted from the entirety of or a portion of an accessory structure: On lots with single family or multifamily dwellings, the ADU shall be limited to the height limit for accessory structures established by the base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet. An ADU created through the conversion of an existing accessory structure may include an expansion of no more than one hundred fifty (150) square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress. In general plan-designated urban service areas, and where the unit is proposed to be located above an accessory structure, the maximum height shall be that established for the primary dwelling in the base zoning district.

(5)

Unit Size.

(i)

Detached or attached to the primary residence or an accessory structure, new construction: The maximum floor area shall be one thousand two hundred (1,200) square feet.

(iii)

Converted from existing space in a primary residence or an accessory structure: The maximum size of an ADU created through the conversion of existing space shall be the dimensions of the structure plus an addition of no more than one hundred fifty (150) square feet to accommodate ingress and egress. An expansion greater than one hundred fifty (150) square feet may be permitted up to a maximum unit size of one thousand two hundred (1,200) square feet.

(6)

Lot Size. No minimum lot size shall be required.

(7)

Lot Coverage. The lot coverage limitation of the base zoning district shall be applied, unless compliance with lot coverage would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(i)

Parking. One (1) parking space shall be provided. The parking space for an ADU may be located in an existing driveway as tandem parking.

(1)

Parking requirements do not apply in any of the following instances:

(i)

Where the ADU is located within one-half (½) mile walking distance to a transit stop.

(ii)

Where the ADU is on a lot within the HD (historic district) combining district.

(iii)

Where the ADU is part of a proposed or existing primary residence or an existing accessory structure.

(iv)

When the ADU is located on a lot where on-street parking permits are required, but not offered to the occupant of the ADU.

(v)

When the ADU is on a lot located within one (1) block of a car share vehicle.

(vi)

The ADU is a studio.

(vii)

When an application for an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot.

(2)

Replacement parking shall not be required when a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or converted to an ADU.

(j)

Standards for Conversions of Legal Nonconforming Residential Accessory Structures. ADUs converted from residential accessory structures determined to be legal nonconforming, pursuant to Article 94 of the Sonoma County Zoning Ordinance, shall be subject to the following requirements:

(1)

A legal nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure shall not be subject to setback requirements.

(2)

A legal nonconforming residential accessory structure that is converted to an ADU may be expanded to one thousand two hundred (1,200) square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.

(3)

Expansion of floor area within a nonconforming setback is limited to ten percent (10%), or at least one hundred fifty (150) square feet if necessary to accommodate ingress and egress.

(k)

Standards for ADUs Used to Meet the Affordable Housing Program Requirement. In addition to the standards set forth above, an ADU that is proposed to be made available for rent to another household in compliance with Article 89 requirements shall meet the following additional standards:

(1)

Separate Parking and Pathway. A designated parking space and a path of travel into the ADU that does not cross the private yard space of the main home.

(2)

Doorways. No connecting doorways between the ADU and the main unit, except for a shared laundry room or vestibule; and

(3)

Yard. Provision of a separate yard or open space area from that of the main dwelling. For ADUs located above other structures, this requirement may be met through the provision of a deck with no dimension of less than six (6) feet.

(l)

Design Standards. ADUs involving addition of floor area shall meet all objective design standards that apply to the lot. No discretionary review or permits shall be required to establish an ADU.

(m)

Construction Standards. Not exclusive of other applicable state and local building and fire regulations, ADUs shall comply with the following requirements.

(1)

Structures within the state responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction.

(2)

Structures outside of the SRA must comply with building code regulations for fire-resistive construction, unless more restrictive standards are required pursuant to state law or regulation.

(3)

Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet.

(n)

Use Restrictions.

(1)

Ownership. ADUs may be rented but shall not be sold or otherwise conveyed separate from the primary residence, except as specifically provided for by state law.

(2)

Duration of Tenancy. ADUs may not be rented for periods of less than 30 days.

(Ord. No. 6458, § XV, 12-5-2023; Ord. No. 6352, § IX(Exh. A), 9-14-2021)

Editor's note— Ord. No. 6352, § IX(Exh. A), adopted Sep. 14, 2021, repealed the former § 26-88-060 and enacted a new section as set out herein. The former § 26-88-060 pertained to similar subject matter and derived from Ord. No. 6191, § II(Exh. A), adopted Jan. 24, 2017; Ord. No. 6222, § II(Exh. A), adopted May 8, 2018; Ord. No. 6285, § IV(Exh. B), adopted Sep. 17, 2019.

(a)

Purpose. This section implements the requirements of Government Code § 65852.22 and the provisions of the General Plan Housing Element that encourage the production of affordable housing by means of accessory dwelling units.

(b)

Definitions. As used in this section:

(1)

"Single-family residence" refers to the existing or proposed dwelling unit within which the junior accessory dwelling unit is established.

(c)

Applicability. Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Code § 65852.22, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create an JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

(d)

Permit Requirements and Fees. Construction permits (including, but not limited to, a building, well, septic, and/or sewer permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.

(e)

Timing. A JADU may be established after or concurrently with the single-family residence.

(f)

Development Standards.

(1)

Number of Units. One (1) JADU is allowed per lot, within a single-family residence.

(2)

Unit Size. The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area.

(3)

Location. A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

(4)

Access. A separate, exterior entrance to the JADU shall be provided.

(5)

Bathroom. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family residence.

(6)

Kitchen. A JADU shall include an efficiency kitchen.

(g)

Use Restrictions.

(1)

JADUs may be rented but shall not be sold separate from the single-family residence.

(2)

JADUs may not be rented for periods of less than thirty (30) days.

(3)

The owner of the property must reside in either the single-family home or the newly created JADU.

(4)

Deed Restriction. The property owner shall record a deed restriction that:

(i)

Prohibits sale of the JADU separate from the single-family residence;

(ii)

Specifies that the deed restriction runs with the land and is enforceable against future property owners;

(iii)

Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22; and

(iv)

Makes the county a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

(Ord. No. 6352, § X(Exh. B), 9-14-2021)

Editor's note— Ord. No. 6352, § X(Exh. B), adopted Sep. 14, 2021, repealed the former § 26-88-061 and enacted a new section as set out herein. The former § 26-88-061 pertained to similar subject matter and derived from Ord. No. 6191, § III(Exh. B), adopted Jan. 24, 2017.

(a)

Purpose. This section implements the provisions of the General Plan Housing Element that encourage new types of housing to meet a wide variety of housing needs, and encourage infill projects on underutilized urban land. Cottage housing developments are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. This section allows up to three (3) units as interior conversion of a single-family home (attached cottage housing developments), or detached cottage housing developments, generally small, detached units clustered around common open space, designed with a coherent concept.

(b)

Applicability. This section applies to cottage housing developments where allowed by the base or combining zone.

1.

Cottage housing developments are allowed in the R1 (Low Density Residential) and R2 (Medium Density Residential) Zoning Districts, as provided in Articles 22 and 24 of this Code. Cottage housing developments must meet the development criteria of the base zone with the following additional standards and exceptions.

2.

Cottage housing developments may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage housing development only if the single-family residence is included in the total floor area allowance per subparagraph (g)(2)(ii) below.

3.

Until January 1, 2023, cottage housing developments shall be limited within the Sonoma Complex fire perimeter as follows:

i.

One (1) per radius of four hundred feet (400') in Glen Ellen.

ii.

Prohibited in the Larkfield-Wikiup area within the fire perimeter.

(c)

Occupancy. Cottage housing units may not be rented on a transient basis (periods less than thirty (30) days).

(d)

Siting Requirements.

1.

Urban Service Area. The proposed site must be located within an Urban Service Area and be served by public sewer.

2.

Minimum parcel size. The minimum parcel size shall be eight thousand (8,000) square feet.

3.

Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10') .

(e)

Parking. Cottage housing developments shall be subject to the parking provisions in Article 86.

(f)

Accessory structures that serve on-site users and are subordinate in use and scale to the cottages are allowed subject to lot coverage limitations of the base zoning district and design review.

(g)

Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:

1.

Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.

2.

Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes allowed by use permit.

(h)

Site Layout.

1.

Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

i.

Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2.

Orientation of Cottages. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.

(Ord. No. 6247, § II(Exh. I), 10-23, 2018)

The criteria and standards for recycling collection and processing facilities are as follows:

(a)

Permits Required.

(1)

No person shall place or permit placement, construction or operation of any recycling facility, including reverse vending machine, large or small collection facility, or light or heavy processing facility without first obtaining a use permit or design review approval pursuant to the provisions set forth in this section. Subject to the restrictions and requirements of this section, recycling collection and processing facilities may be permitted as set forth in the following table:

(2)

A planned community (PC) district may expressly permit or prohibit recycling facilities. Where a PC district does not specifically address such facilities but allows uses permitted in the C1, LC, RC, C2, C3, PF, M1, M2 districts, reverse vending machines and small collection facilities may be permitted with an administrative design review permit.

(3)

A single administrative design review permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, pursuant to the following criteria:

(i)

The operator of each of the proposed facilities is the same;

(ii)

The proposed facilities are determined by the director of planning to be similar in nature, size and intensity of activity;

(iii)

All of the applicable criteria and standards set forth in this section are complied with.

(b)

Reverse Vending Machines. Reverse vending machines shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial or public facility use, which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Shall, when associated with a commercial or industrial use, be located within thirty feet (30′) of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation;

(3)

Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered;

(4)

Shall be clearly marked to identify the type of material to be deposited;

(5)

Shall have a sign area of a maximum of four (4) square feet and sign(s) shall be attached to the machine;

(6)

Shall be no more than eighty (80) cubic feet in bulk and no more than eight feet (8′) in height per machine;

(7)

The operator of the reverse vending machine and the operator of the primary use, on a daily basis, shall remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines;

(8)

Reverse vending machines located within a structure in which the primary use is located shall not require any permits under this section;

(9)

Where a reverse vending machine is located nearer than fifty feet (50′) to a residential property, structure barriers shall be provided to reduce noise impacts;

(10)

Reverse vending machine operation may be limited to the hours of operation of the host use.

(c)

Small Collection Facilities. Small collection facilities shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial use institutional or community facility public facility use which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to the Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Containers shall be constructed and maintained with durable waterproof, rustproof and fire resistant material and shall be covered at all times when not attended;

(3)

Containers shall be clearly marked to identify the type of recyclable materials which may be deposited. A sign shall be displayed stating that no materials shall be left outside designated containers;

(4)

Facilities shall be clearly marked to identify the name and telephone number of the facility operator;

(5)

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

(6)

The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;

(7)

The facility shall be set back at least twenty feet (20′) from any street or right-of-way;

(8)

The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto;

(9)

The noise level for the collection facility shall not at any time exceed fifty-five (55) dBA as measured at the property line of any residentially zoned or residentially used property, and shall not exceed sixty-five (65) dBA;

(10)

The facility shall not include power-drive sorting and/or consolidation equipment such as crushers, balers or bulk reverse vending machines;

(11)

Signs may be provided as follows:

(i)

Maximum sign area shall be four (4) square feet,

(ii)

No illuminated signs, and

(iii)

Signs must be consistent with the character of the location;

(12)

Use of the facility for collection or disposal of refuse or hazardous material is prohibited;

(13)

The facility shall be removed from the site no later than the date following expiration of the zoning permit for the primary use of the property or the state certification permit, whichever expires earlier;

(14)

The facility shall be in operation only during the hours of operation of the primary use, unless permission is otherwise given by the operator of primary use;

(15)

The facility shall conform to all development regulations for the zoning district in which it is located;

(16)

The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

(i)

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,

(ii)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site,

(iii)

The use permit or design review approval will be reconsidered at the end of eighteen (18) months.

If the conditions set forth in subsections (c)(16)(i) through (iii) of this section exist, a reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a priority commercial or industrial host use:

For a primary institutional use. A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the primary use;

(17)

The facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials;

(18)

Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to all types of beverage and food containers made from aluminum, nonaluminum metal, glass and plastic, and in appropriate circumstances the county may require collection of all types of recyclable materials as a condition of design review approval. Small collection facilities may collect newspapers and cardboard in containers constructed of nonflammable materials.

(d)

Large Collection Facilities. Large collection facilities shall meet the following conditions:

(1)

The facility will be screened from the public right-of-way and adjacent properties zoned, planned or used for residential purposes by operating in an enclosed building or:

(i)

Will be located within an area enclosed by an opaque fence at least six feet (6′) in height with landscaping;

(ii)

Will meet all the noise standards set forth in subsection (d)(7) of this section.

(2)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(3)

Materials stored outside shall be bailed, palletized, densified or in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire district, California Department of Forestry and the Sonoma County public health department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(4)

The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

(5)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(6)

In addition to the parking spaces required in subsection (d)(5) of this section, one (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

(7)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not otherwise exceed seventy (70) dBA.

(8)

If the facility is located where it abuts property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(9)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(10)

Unattended donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

(11)

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone. Directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(12)

Power-drive processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process where noise standards can be shown to be complied with.

(13)

Other conditions may be required in connection with the use permit process.

(e)

Light and Heavy Processing Facilities. A light or heavy processing operation shall meet the following conditions:

(1)

The facility shall be screened from the public right-of-way and adjacent properties zoned, planned or occupied for residential use.

(2)

Processors will operate in a wholly enclosed building except for incidental storage, or shall operate within an area enclosed on all sides by an opaque fence or wall not less than eight feet (8′) in height and landscaped on all street frontages.

(3)

Power-drive processing shall be permitted, provided noise level requirements of subsection (e)(11) of this section are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

Materials stored outside shall be baled, palletized, densified or shall be in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the local fire district, Department of Forestry and Department of Public Health. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Parking space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the planning director determines that a lesser amount is surrounding business and public safety.

(10)

In addition to the parking required by subsection (e)(g) of this section, one (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

(11)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred feet (500′) of property zoned or planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(14)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited.

(15)

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall intrude on neighboring properties.

(17)

Other conditions may be required as part of the use permit process.

(Ord. No. 4643, 1993.)

Editor's note— Ord. No. 6335, § II, adopted Feb. 9, 2021, repealed § 26-88-080, which pertained to large family day care and derived from Ord. No. 4643, adopted in 1993.

(a)

Agricultural farmstays shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a zoning permit. The zoning permit shall expire upon sale or transfer of the property or upon the owners moving their primary residence off the property, unless there is a tenant farmer continuing to operate the farm and farmstay.

(b)

Performance Standards.

(1)

Where Allowed. Agricultural farmstays shall only be located on parcels that produce commercial agricultural products. The agricultural farmstay lodging and meals shall be incidental and secondary to the primary agricultural operation.

(2)

Dwellings Allowed. Agricultural farmstays shall be provided in a legally established residence or guest house as defined in Section 26-02-140. Agricultural farmstays shall not be located within agricultural employee housing, seasonal or year-round farmworker housing, farm family dwellings, or accessory dwelling units. Tents and recreational vehicles (RVs) are not allowed as a part of an agricultural farmstay. Only one (1) farmstay is allowed per agricultural enterprise in compliance with the permitted residential density.

(3)

Owner/Operator in Residence. The owner of the land on which an agricultural farmstay facility is located, or a tenant farmer, shall reside on the property. A homeowner's exemption from property tax or lease agreement may constitute evidence of this requirement.

(4)

Maximum Number of Bedrooms and Guests. Agricultural farmstay establishments may have a maximum of five (5) bedrooms or sleeping rooms. The maximum overnight occupancy for agricultural farmstays shall be two (2) persons per sleeping room or bedroom. Children under three (3) years of age shall not be counted toward occupancy. If a lower limit is stated on the applicable septic permit, the maximum overnight occupancy shall be that stated on the septic permit.

(5)

Food Service. An agricultural farmstay facility may serve food or meals at any time, but only to registered guests. The price of food shall be included in the price of the lodging. An agricultural farmstay facility that serves food shall maintain a food facility permit as required by the Health and Safety Code.

(6)

Agricultural Promotion. The operator of the farmstay establishment shall engage in a program of agricultural promotion and guest education regarding the agricultural activities on-site and in the area, and may include active participation in the on-site agricultural activities as part of the consideration for the lodging. An Agricultural Promotion Plan shall be prepared and submitted with the farmstay application that demonstrates the primary use of land is agriculture and that the use promotes and educates guests about local agriculture.

(7)

Noise Limits. All activities associated with the agricultural farmstay shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(8)

Events. Non-agricultural activities, agricultural promotional events and cultural events that involve more than the registered farmstay guests are not allowed, except that occasional cultural events, such as parties, weddings or other similar activities may be permitted with a cultural event zoning permit up to four (4) times per year, but for no more than two (2) years in a row.

(9)

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning and suitably sized septic system or sewer connection for the farmstay. In some cases, a per-room sewer fee may be applied.

(10)

Transient Occupancy Tax. The agricultural farmstay owner shall maintain a transient occupancy tax (TOT) license and remain current on all required TOT reports and payments. The owner or authorized agent shall include the TOT certificate number on all contracts or rental agreements, and in any advertising or websites.

(Ord. No. 6255, § I(Exh. A), 1-8-2019; Ord. No. 5964, § X, 1-31-2012)

(a)

Purpose. This section provides standards for permitting of private marketing accommodations for use by distributors, investors, partners and owners of the processing facility for short term occupancy related to the agricultural operation. These standards are intended to ensure that marketing accommodations are compatible with and do not adversely impact surrounding agricultural uses.

(b)

Applicability. Marketing accommodations shall only be located on parcels where the use promotes or markets agricultural products processed on the site and complies with applicable policies of the General Plan Agricultural Resource Element. Marketing accommodations shall not be permitted within accessory dwelling units, or in structures with County covenants or agreements restricting their use including, but not limited to, affordable housing units, agricultural employee units, farmworker housing, or farm family units.

(c)

Where Allowed. Marketing accommodations are allowed in agricultural and resource zones. Marketing accommodations are not allowed on properties where hosted rentals or vacation rentals are present.

(d)

Maximum Number of Units. No more than two (2) marketing accommodation units are allowed per winery operation or processing operation.

(e)

Size of Unit. Each marketing accommodation shall not exceed six hundred forty (640) square feet in size and shall not include a kitchen.

(f)

Performance Standards.

(1)

No Commercial Use. Marketing accommodations shall not be rented for transient occupancy or used commercially as part of direct to consumer promotions.

(2)

Noise Limits. All activities associated with the marketing accommodation shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(3)

Structures. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(4)

Affordable Housing. Marketing accommodations shall not be permitted within accessory dwelling units, nor in structures or dwellings with county covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, or farmworker housing.

(5)

Temporary Structures Prohibited. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(6)

Williamson Act. Any such use on a parcel under a Williamson Act contract must establish that the marketing accommodation is consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations

(Ord. No. 6255, § II(Exh. B), 1-8-2019)

(a)

Purpose. To increase the supply of housing and variety of housing types available to the public by establishing a method for placement of manufactured homes on permanent foundations on individual lots, while architecturally integrating the mobile home into the surrounding neighborhood.

(b)

Application. One (1) manufactured home per lot is permitted pursuant to subsection (c) of this section, wherever the single-family dwelling is permitted, provided that no other residential structures exist on the property. Additional manufactured homes, or manufactured homes which constitute additional residential units, may be permitted pursuant to this section where additional single-family dwellings are permitted, subject to obtaining a use permit or use permit waiver.

The provisions of this section shall not apply to the J (manufactured home exclusion) or HD (historic combining) districts, nor shall these provisions apply to manufactured homes used to house full-time agricultural employees where not placed on a permanent foundation. Manufactured homes in the SD combining district will require design review.

(c)

General Requirements.

(1)

Effect of Locating a Manufactured Home on a Permanent Foundation System. A manufactured home which has been placed on a single lot and on a permanent foundation system pursuant to this section shall be deemed to be a single-family dwelling, and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

(2)

Construction Standards. A manufactured home shall not be located on a permanent foundation system on a single lot unless:

(i)

(A)

It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; or

(B)

It is factory-built housing as defined in California Health and Safety Code Section 19971; and

(ii)

It has not been altered in violation of applicable codes.

(Ord. No. 2985, § 2.)

(d)

Criteria. In the LIA, LEA, DA, RRD, RRDWA, TP, RR, AR, R1, R2, R3 and PC districts, manufactured homes placed on permanent foundations shall:

(1)

Be occupied only as a residential use type in compliance with all applicable regulations;

(2)

Be subject to all provisions of this chapter applicable to residential structures;

(3)

Have a minimum width of twelve feet (12′), not including "expander";

(4)

Be covered with an exterior material (including wood, stucco, masonite and horizontal "lap" siding) customarily used on conventional dwellings and approved by the planning director. The exterior covering materials shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering materials need not extend more than six inches (6″) above finished grade;

(5)

Have a roof with a pitch of not less than three inches (3″) vertical rise for each twelve inches (12″) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the planning director;

(6)

Have eaves of a conventional design.

(Ord. No. 2985, § 2.)

(e)

Installation of Manufactured Home.

(1)

Surrender of Registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to Section 18550(b) of the Health and Safety Code.

(2)

Compliance. The directors of building and planning shall determine that the project is in compliance with all requirements and conditions of the building permit prior to issuing final approval for occupancy.

(3)

Building Permit. Prior to installation of a manufactured home on a permanent foundation system the manufactured home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

(Ord. No. 4643, 1993.)

(a)

Design and Development Standards. All mobile home parks where approved by a use permit in the R1, R2, R3 or PC district shall be developed in conformance with the minimum design and improvement standards in this section.

(b)

Design Review. All mobile home parks shall be subject to design review in accordance with Article 82.

(c)

Submittal of Plans. Development plans shall be submitted to the director at least ten (10) days prior to application for those permits required by Section 18500 of the Health and Safety Code or its successors, and any other pertinent permit requirements of the county and the Department of Housing and Community Development of the state.

Detailed drainage plans shall be submitted to and approved by the county water agency.

(Ord. No. 1928.)

(d)

Expansion and Staged Development. Development may be in stages so long as each stage meets the minimum standards of this section.

(e)

Density. The maximum permitted residential density for a mobile home park shall be one hundred thirty-five percent (135%) of the density established on the zoning map.

(f)

Park Area. No mobile home park shall be less than three (3) acres in area within the R1 Low Density Residential Zone District, or less than two (2) acres in area within the R2 Medium Density Residential and R3 High Density Residential Zones.

(g)

Setbacks. All structures and mobile homes shall maintain setbacks from the exterior property lines of the mobile home park in accordance with the regulations of the applicable zoning district; provided, however, that a setback of at least twenty feet (20′) shall be maintained from all exterior public roadways, so as to allow for fencing and landscaping in accordance with subsection (p) of this section.

(h)

Parking. Mobile home parks shall provide parking pursuant to Article 86, Parking. At least one (1) guest parking space shall be provided within a designated guest parking bay for every three (3) mobile homes. Guest parking shall be dispersed in parking bays throughout the development, and shall be in addition to the parking requirement which may be made for a community or recreational building commonly open to visitors. Where the interior streets of a mobile home park do not allow for parking on both sides, scattered parking bays of a minimum nine feet (9′) depth and containing from three (3) to five (5) visitor parking spaces are required to meet fire safe accessibility standards.

(i)

Recreational Space. Each mobile home park shall provide recreational space in accordance with applicable zoning district regulations for residential developments of similar size. Such recreation space may be provided as outdoor or indoor space, and may include such facilities as community swimming pools and other active recreational facilities, common landscaped and accessible walkways, developed recreational trails, parcourses, play areas and picnic areas, and indoor community gathering facilities. In no case shall credit toward the required minimum recreational area be granted for roadways, fire lanes, or parking areas. Recreation space design and location shall be approved by the director.

(j)

Utilities. All utility distribution facilities, including but not limited to electric, communication and cable television lines, installed in and for the purpose of supplying service to any mobile home park shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(k)

Storage Facilities and Garbage Collection. A minimum three-foot (3′) by five-foot (5′) by five-foot (5′) cabinet for storage shall be provided within the rear yard, or within the rear half of a side yard, on each site. Adequate trash enclosures and facilities for park residents which allow for the source separation and collection of household recycling and garbage collection shall be provided to the satisfaction of the director.

(l)

Accessory Uses. Accessory uses are those uses that are incidental to the original use, exist for the sole purpose of service to residents, are customarily found in multiple-family development, and do not alter the character of the original use. Any structure used for an accessory use shall meet all requirements for a main structure. Allowable accessory uses include vending machines, a common car wash, storage area for travel trailers and boats, a management facility, recreational facility, and other uses which in the opinion of the director are of a similar nature.

(m)

Occupancy of Recreational Vehicles (Travel Trailers). In the R2 or R3 zoning districts, and where allowed by the HCD license and the use permit, short-term overnight use of recreational vehicles may be permitted where adequate sewer and water hook-ups, parking capacity, and compliance with all applicable health and safety and building codes can be shown. In each case, such proposed use shall be included in the application for use permit so that compatibility may be reviewed. All such recreational vehicle spaces shall be designated on the development plan and shall be separated from permanent mobile home spaces. Overnight use of recreational vehicles or travel trailers in mobile home parks located within the R1 or PC zoning districts is prohibited.

(n)

Storage of RVs, Boats, Recreational Vehicles and Travel Trailers. In the R2 or R3 zoning districts, the storage of RVs, boats and travel trailers owned by permanent park residents may be permitted with a use permit. Any areas proposed for the storage of recreational vehicles (RVs, boats, and/or travel trailers) owned by permanent park residents shall be shown on the development plan. The storage area shall be fully screened, shall have no public access, shall allow only limited access by park residents, and shall be fenced and otherwise secured at all times.

(o)

Walls, Fences, etc. A six-foot (6′) wall, fence or landscape screen may be required along all perimeter boundaries of the mobile home park. The decision making body shall make a determination on the requirement for this fence on the basis of aesthetics and compatibility with surrounding proposed and existing development. Where a screening wall is required along a public street, it shall be placed fifteen feet (15′) from the public right of way, in order to allow buffer landscaping to be placed outside of the fence and adjacent to the public street. Such wall or fence, if required, shall not be less than forty-two inches (42″) in height nor greater than six feet (6′) in height.

(p)

Landscaping. All open or common areas, excluding mobile home sites, shall be landscaped and maintained. At least forty percent (40%) of all the open or common areas shall be landscaped with live materials. Landscaping shall include planting of trees of a five (5) gallon size along all perimeter boundaries of the mobile home park, at a minimum planting rate of one (1) tree per mobile home site. Additional trees and more mature trees may be required where they are being utilized for screening, or in lieu of fencing development. Plans shall indicate the means of irrigation for all landscaped areas, including perimeter areas where trees or other screening landscape are provided.

(q)

Signs. One non-illuminated or indirectly illuminated detached appurtenant sign not exceeding ten feet (10′) in overall height or thirty-two (32) square feet in area shall be permitted for each mobile home park, and shall be integrated into the landscape with the location and elevation approved by the director.

(r)

Access. All entry streets shall be paved to a minimum of twenty-five feet (25′), and no parking shall be allowed within fifty feet (50′) of the intersection. All interior park streets shall be paved to a width of not less than twenty-two feet (22′) from shoulder to shoulder where no on-street parking is allowed. Interior streets shall be thirty-three feet (33′) in width if car parking is permitted on one (1) side, and forty-one feet (41′) in width if car parking is permitted on both sides.

(1)

No park entry road shall be located closer than one hundred feet (100′) to any public intersection unless authorized by the director of transportation and public works.

(2)

A "looped" system of narrower interior roadways is encouraged in lieu of cul-de-sac streets. Where they are allowed, cul-de-sac streets shall have a minimum outside turning radius of thirty-eight feet (38′).

(3)

All interior corners shall have a minimum fifteen-foot (15′) radii unless a reduced dimension is authorized by the director or the decision maker.

(4)

Curbs and gutters shall be installed on both sides of entry and access roads. The planning commission may approve alternate treatment for vehicular, pedestrian and bicycle circulation where appropriate in cases of extreme topography or low-density developments.

(5)

All streets shall be adequately lighted. The placement, style and height of all street lighting shall be subject to design review and shall generally not exceed a height of twelve feet (12′) along interior streets or sixteen feet (16′) along the park entry road so as to avoid lighting glare and spill-over into adjoining properties. Any taller light standards used, including any "cobra-head" fixtures as may be required along abutting streets, shall incorporate full cut-off shields to eliminate lighting glare and spill-over into the night sky and onto adjoining properties.

(6)

Each site shall front on an access street. Alternatively, where mobile home sites are provided in clusters, no more than four (4) such clustered sites shall share a common frontage on an access street with a minimum ingress/egress width of twenty-four feet (24′).

(7)

Stop signs shall be provided at all intersections with all public streets.

(s)

Circulation. Proximity to public transit and alternative transportation modality shall be encouraged and accommodated. All mobile home park developments shall complement adjoining, existing or contemplated vehicle, transit and pedestrian/bicycle circulation patterns. All mobile home park developments shall dedicate such land adjoining public roads as may be required by the county for road widening purposes and improvements of the same to county standards may be required, as stipulated by the director of transportation and public works, to offset the burden placed on the public by the generation of new traffic.

(t)

Compliance with State Regulations and Other Regulations of the County. All pertinent state and county regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations.

(Ord. No. 5569 § 10, 2005)

(a)

Purpose. The purpose of this landscape ordinance is to effect efficient water use through proper landscape design and management. County decision-making bodies or the planning director may grant exceptions from this code section where appropriate and justified in light of unique project circumstances or conditions. Any such exception shall be conditioned upon the applicant providing alternative means of water conservation. For the purpose of this chapter, "landscaped areas" shall be defined as ornamental planted areas, patios, decks, walkways and natural areas (excluding creek setback zones) within that portion of the lot to be developed. Pools, ponds and fountains will be considered on an individual basis.

(b)

Applicability.

(1)

The landscape ordinance is applicable to all new and rehabilitated landscaping in projects that are subject to county discretionary review, including common areas. When two (2) or more model homes are proposed in a residential complex, at least one (1) shall comply with this chapter. The low water use model home shall be identified with signage as water conserving.

(2)

The following projects are exempt from the landscape ordinance:

(i)

Landscaping on existing and proposed single-family lots. It is recommended but not required that front yard landscaping installed by developers on existing and proposed single-family lots comply with this chapter;

(ii)

Areas devoted to agricultural cultivation;

(iii)

Projects utilizing individual wells drawing groundwater for landscaping in water availability zones No. 1 and No. 2, as specified in the county general plan or by the county health department;

(iv)

Areas utilizing reclaimed wastewater for irrigation;

(v)

Public parks, golf courses, cemeteries, school recreational areas and private active use recreational areas where the applicant can demonstrate no other feasible alternative exists to turf groundcover.

(c)

Plant Selection. Plants selected in landscaped nonturf areas shall be well suited to the climate of the region and require minimal water once established. Plants that are of a higher water use variety shall be grouped together and be irrigated separately from water conserving plants.

(d)

Turf Selection and Limitations. Turf shall be limited to twenty-five percent (25%) (or thirty percent (30%) for drought tolerant turf varieties) of the projects landscaped areas. Infill lots, corner lots and other lots with more than one (1) street frontage may be permitted to have turf up to thirty-five percent (35%) (or forty percent (40%) for drought tolerant turf varieties) of the projects landscaped areas, where necessary to provide consistent streetscapes.

No turf shall be allowed:

(1)

In areas eight feet (8′) wide or less;

(2)

On slopes exceeding ten percent (10%), or twenty-five percent (25%) where other project water-saving techniques can compensate for the increased runoff. A level buffer zone of eighteen inches (18″) shall be provided between bermed turf areas and any hardscape (i.e., streets, walkways, etc.).

(e)

Soil Conditioning and Mulching.

(1)

A minimum one-foot (1′) depth of uncompacted soil shall be available for water absorption and root growth in planted areas.

(2)

Soil tests for horticultural suitability shall be required at time of landscape installation. Soil shall be prepared and/or amended as appropriate.

(3)

A minimum of two inches (2″) of mulch shall be added in nonturf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement. Nonporous material shall not be placed under the mulch.

(f)

Irrigation.

(1)

All landscaped areas shall be irrigated with an automatic system. Water-efficient systems (drip, minispray, bubbler-type, etc.) shall be used whenever feasible. Low gallonage type sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawns shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.

(2)

Dual or multiprogram controllers with separated valves and circuits shall be used when the project contains more than one (1) type of landscape treatment (lawn, ground cover, shrub, tree areas, etc.), or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (fifty thousand (50,000) plus square feet of landscaped area) to minimize or eliminate overwatering.

(3)

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

(4)

Sprinkler heads must have matched precipitation rates within each valve zone.

(5)

Check valves are required where elevation differential may cause low head drainage.

(6)

Within sixty (60) days of project completion, it is recommended a water audit be conducted by a certified consultant to insure efficient water usage.

(Ord. No. 4643, 1993.)

(a)

Purpose. This sections provides the requirements and standards for the establishment and operation of bed and breakfast inns and hosted rentals.

(b)

Applicability. The provisions of this section shall apply to the transient use of residential property where the primary owner remains in residence during the rental period, including bed and breakfast inns and hosted rentals of a single room or sleeping area. Transient rental of more than one (1) room or sleeping area while the owner remains in residence on the property is a bed and breakfast inn, whether or not food is served. Transient rentals of the entire home without the owner in residence are regulated by 28-88-120 (Vacation Rentals).

(c)

Limitations. Bed and breakfast inns and hosted rentals shall not be permitted in non-habitable structures or in tents, RVs, or other provisions intended for temporary occupancy. Bed and breakfast inns shall also not be permitted within second dwelling units, not in structures or dwellings with county covenants or agreements restricting their use, including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under Williamson Act contract. Only one (1) hosted rental is allowed per parcel. A hosted rental may not be located on the same site as a vacation rental unless a use permit has been obtained for the combined use. A whole-house vacation rental is not a hosted rental or a bed and breakfast inn, even if the property owner resides in another dwelling unit on the same property.

(d)

Permit Requirements. Hosted rentals (also known as one-room bed and breakfast inns) of not more than one (1) room or sleeping area that meet the standards of this section are allowed as provided by the underlying zone, subject to issuance of a zoning permit. In the case of a legally permitted guest house used as a transient rental, the primary owner will remain in residence within the main home on the same property. Accessory structures may not be used as hosted rentals unless they are legally permitted as guest houses. Second dwelling units may not be used as hosted rentals. Rental of more than one (1) room or sleeping area is considered a bed and breakfast inn with two (2) or more rooms, and shall be allowed subject to the permit requirements of the applicable zone and the standards set forth in subsection (f).

(e)

Performance Standards for Hosted Rentals and One-Room Bed and Breakfast Inns.

1.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

2.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

3.

Events Prohibited. No weddings, lawn parties or similar activities shall be permitted.

4.

Vehicles. Limit of one (1) vehicle associated with the transient use.

5.

Noise Limits. Outdoor amplified sound is prohibited. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

6.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

7.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 9:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

8.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection.

9.

Expiration. A zoning permit for a hosted rental expires upon sale or transfer of the property, or when the property is no longer occupied by a primary owner, whichever occurs sooner.

(f)

Performance Standards for Bed and Breakfast Inns with Two or More Guestrooms or Sleeping Areas.

1.

Maximum Occupancy. Maximum number of rooms shall be as provided in the underlying zone.

2.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

3.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

4.

Events Only with Use Permit. No weddings, lawn parties or similar activities shall be permitted unless authorized by the use permit.

5.

Amplified Sound. No outdoor amplified sound shall be permitted unless authorized by the use permit.

6.

Noise Limits. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. unless otherwise allowed by use permit. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

7.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

8.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

9.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

(Ord. No. 6145, § VIII(Exh. D), 3-15-2016)

Editor's note— Ord. No. 6386, § V, adopted Aug. 2, 2022, repealed § 26-88-120, which pertained to vacation rentals and derived from Ord. No. 6145, § IX(Exh. E), adopted March 15, 2016; Ord. No. 6319, § III(Exh. C), adopted Aug. 18, 2020; Ord. No. 6322, § III(Exh. C), adopted Sep. 1, 2020.

(a)

Purpose. This section provides standards for home occupations. These standards are intended to ensure that home occupations are incidental and secondary to residential use of the site, and are compatible with surrounding residential uses.

(b)

Limitations on Use. The following business activities are prohibited as home occupations:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics; pet care services such as grooming, doggie day cares or kennels of any size;

(3)

Automotive and other vehicle sales, repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(4)

Boatmaking;

(5)

Commercial cabinet or furniture making, furniture refinishing/antique restoration and sales;

(6)

Dismantling, junk, scrap, or storage yards;

(7)

Food processing, canning, baking, etc., including catering, or motorized mobile food vendors such as coffee carts or taco trucks;

(8)

Gun and weapon sales or repairs, gunsmithing;

(9)

Hair salons, day spas, and other uses which generate higher water and sewer demands, and higher customer visits;

(10)

Uses which involve medical procedures;

(11)

Uses that require the handling of any hazardous (including biologically hazardous) or toxic materials, substances or wastes (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking, painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;

(12)

Uses that require explosives or highly combustible materials;

(13)

Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability Act (ADA) or such that a change of occupancy classification is required;

(14)

Welding, machine shop operations, or metal fabricating;

(15)

Other uses that the director determines to be similar in impact to those listed above.

(c)

Allowable Home Occupations. Allowable home occupations include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that do not involve reportable or regulated quantities of hazardous or flammable substances, where such operations will not generate noise, dust, or odors.

(2)

Office-only uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses.

(3)

One-on-one services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy.

(4)

Tailoring and sewing.

(5)

Other home occupation uses which in the opinion of the planning director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each home occupation shall comply with all of the following:

(1)

Location/Size. The home occupation shall be conducted entirely within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof, (up to a maximum of five hundred (500) square feet) which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof (up to a maximum of five hundred (500) square feet).

(2)

Technical codes. A home occupation shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code, and Uniform Mechanical Code) and shall require building, septic division and other clearances as determined necessary by the director.

(3)

Utilities. The home occupation shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or home occupation exceed two hundred twenty (220) volts.

(4)

Exterior appearance. The home occupation shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Home occupations shall comply with the parking standards set forth in Section 26-86-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking, so long as adequate on-site parking for clients is demonstrated.

(6)

Signs. A home occupation shall be limited to one (1) attached, non-illuminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. No person shall be employed in the home occupation other than residents of the dwelling.

(2)

Hours of Operation. Customer visits and deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and shall not occur on state and federal holidays.

(3)

Reserved.

(4)

Visits and Deliveries. Not more than four (4) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than two (2) customers or clients at any one (1) time. Not more than a total of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week.

(5)

Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business use shall be kept at the dwelling site.

(6)

Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the home occupation shall be permitted. No outdoor activity related to the home occupation shall be permitted.

(7)

Offsite Effects. No home occupation activity shall result in offsite dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

(8)

Noise. Noise levels generated by a home occupation shall meet the requirements of the noise element of the general plan.

(9)

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

(Ord. No. 6403, 3-7-2023; Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 5711 § 5 (Exh. D), 2007; Ord. No. 5569 § 7, 2005.)

(a)

Purpose. This section provides standards for live/work uses. These standards are intended to ensure that live/work uses are incidental and secondary to an otherwise allowed residential use of the site, and compatible with, surrounding residential uses. The standards of this section shall not apply to mixed use developments, which are instead subject to 26-88-123 (Mixed Use).

(b)

Limitations on Uses. The following business activities are prohibited as live/work uses:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics;

(3)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(4)

Boatmaking;

(5)

Commercial cabinet or furniture making;

(7)

Mobile food vendors such as coffee carts, or tack trucks;

(8)

Gun and weapons sales;

(9)

Uses which involve medical procedures;

(10)

Uses that require the handling of any hazardous (including biologically hazardous) or toxic, materials, substances or wastes (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking, painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;

(11)

Uses that require explosives or highly combustible materials;

(12)

Welding, machine shop operations, or metal fabricating (except for artisan metal sculpture); and

(13)

Other uses that the director determines to be similar in character to those listed above.

(c)

Allowable Live/Work Uses. Allowable live/work uses include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that may involve minor use of hazardous or flammable substances as allowed by the department of emergency services; or operations which generate noise, dust, or odors provided that they are determined to be compatible with the surrounding land uses;

(2)

Office uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses;

(3)

One-on-one and group services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy, etc.;

(4)

Tailoring and sewing;

(5)

Limited, brief, pet care services such as grooming (but not doggie daycares or kennels) located outside of urban service areas;

(6)

Furniture refinishing/antique restoration;

(7)

Hair salons, day spas and other uses which generate higher water and sewer demands, and higher customer visits;

(8)

Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability Act (ADA) such that a change of occupancy classification is required;

(9)

Other live/work uses which in the opinion of the director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each live/work use shall comply with all of the following:

(1)

Location/Size. The live/work use shall be conducted within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof.

(2)

Technical Codes. A live/work use shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code) and shall require building, septic and other clearances determined necessary by the director.

(3)

Utilities. The live/work use shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or live/work use exceed two hundred twenty (220) volts.

(4)

Exterior Appearance. The live/work use shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Live/work uses shall comply with the parking standards set forth in Section 26-86-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits. Adequate on-site parking for customers or clients must be demonstrated.

(6)

Signs. A live/work use shall be limited to one (1) attached, nonilluminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. Up to two (2) persons other than residents of the dwelling may be employed, unless otherwise provided by use permit

(2)

Hours of Operation. Customer visits and deliveries shall be limited to the hours or 8:00 a.m. to 6:00 p.m. Monday through Friday, unless otherwise provided by use permit, and shall not occur on state and federal holidays.

(3)

Number of Live/Work Activities. No more than one (1) live/work use is allowed per legal dwelling unit on the property.

(4)

Visits and Deliveries. Not more than eight (8) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than four (4) customers or clients at any one (1) time. Not more than a total of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week unless otherwise authorized by use permit.

(5)

Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business activity shall be kept at the dwelling site.

(6)

Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the business activity shall be permitted. No outdoor activity related to the business activity shall be permitted.

(7)

Offsite Effects. No live/work use activity shall result in offsite dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazardous or nuisances as determined by the director.

(8)

Noise. Noise generated by live/work uses shall be consistent with the noise element of the general plan.

(9)

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

(f)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign affidavits agreeing to abide by and conform to the conditions of the use permit and all provisions of the Sonoma County Code pertaining to the conduct of live/work uses, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the live/work use permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which would constitute a nuisance under state or local law. The affidavit(s) shall further acknowledge that it is the property owners' and applicant's responsibility to ensure that the live/work use is not contrary to a covenant, code or restriction governing the property.

(g)

Exercise and Duration of Live/Work Permit. Use permits for live/work uses shall be exercised only by the applicant and/or property owner, and shall expire upon change of tenancy or sale or transfer of the property. All use permits issued for a live/work use shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the property."

(Ord. No. 6403, 3-7-2023; Ord. No. 5569 § 7, 2005.)

(a)

Purpose. This section provides standards for mixed use developments and implements the general plan provisions related to mixed use.

(b)

Limitations on Use.

(1)

A mixed use development may combine compatible residential units with commercial or other non-residential land uses allowed in the applicable zoning district, provided that not more than eighty percent (80%) of the total gross project floor space is in residential floor area.

(i)

In cases where at least twenty percent (20%) of the residential floor area is provided as housing affordable to lower-income households pursuant to Article 89 (Affordable Housing Program Requirements and Incentives), a fifteen percent (15%) increase in maximum lot coverage and a fifteen-foot increase in maximum building height shall be granted over that otherwise allowed in the underlying zone district.

(2)

Mixed use developments shall comply with the building intensity limitations of the applicable zoning district.

(3)

A mixed use shall not be established or used in conjunction with any of the following activities:

(i)

Adult entertainment activities/businesses;

(ii)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(iii)

Welding, machining, or open flame work;

(iv)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

(v)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Location of Residential Units. Residential units may be located on any floor, provided that the first fifty feet (50') of the ground floor area measured perpendicular to each building face adjacent to any primary street frontage shall be reserved for commercial uses. The restriction against the residential use of this fifty-foot area does not apply to entryways, access corridors or stairs. This restriction may be waived or reduced where the applicant can demonstrate that all of the following criteria are met:

(1)

The provision of residential uses on the ground floor is necessary in order to provide compatibility with adjacent uses;

(2)

The site has an unusual lot configuration, access, or other unique circumstance such that the provision of ground floor residential results in a superior integration of residential and commercial uses on the site; and

(3)

The ground floor residential component provides a superior integration of the commercial uses into the surrounding commercial area.

(d)

Design and Development Standards.

(1)

Residential Open Space. A minimum of sixty (60) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks, or enclosed yard areas, but no private space with a dimension of less than six feet (6′) shall be counted toward this requirement.

(2)

Parking. Projects shall comply with the parking standards set forth in Section 26-86-010 (Parking) for each residential and nonresidential use included in the project, except that the residential parking need not be covered.

(3)

Loading and Refuse/Recycling Areas. Commercial loading areas, recycling areas, and refuse storage facilities for the commercial and other nonresidential uses shall be located away from residential units and shall be substantially screened from view from the residential portion of the project. Where appropriate, the project may provide for the shared use of recycling and refuse storage facilities.

(4)

Noise. Noise generated by mixed use projects shall be consistent with the general plan noise element.

(e)

Maintenance of Common Facilities. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the county as a third party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the county.

(f)

Design Review Approval Required. All new mixed use projects, additions to existing projects, or new nonresidential uses in existing projects, shall be subject to design review approval in accordance with the standards of Article 82 (Design Review). The design of mixed use projects shall demonstrate compatibility between the different uses and shall take into consideration compatibility with adjacent properties and land uses, and shall include specific design features and screening to properly mitigate any potential impacts, including light impacts, or other compatibility issues. Design review of site plan and layout shall include consideration of proximity and access to transit facilities. Project design shall ensure that privacy between residential units and other uses on the site is maximized.

(g)

Criteria for Approval. A mixed use development shall meet the criteria set forth below:

(1)

The site shall be located within an existing urban service area and adequate sewer and water to serve the intended use;

(2)

The development must comply with the standards and development criteria set forth in this section. Article 82 (Design Review), and the underlying base zone;

(3)

Residential and commercial uses shall be integrated in such a manner as to address noise, hazardous materials, and other land use compatibility issues on site as well as off-site;

(4)

The mixed use development shall be compatible with surrounding land uses and will not serve to inhibit commercial development on adjacent or nearby commercial parcels.

(Ord. No. 6223, § II(Exh. B), 5-8-2018; Ord. No. 5569 § 5, 2005.)

(a)

Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial and industrial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations. A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 26-88-123 (Mixed use projects).

(b)

Limitations on Use. The nonresidential uses within a work/live project shall be limited to those commercial and industrial uses allowed within the applicable zoning district. In no case, however, shall a work/live unit be established or used for any of the following activities:

(1)

Adult entertainment activities/businesses;

(2)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(3)

Welding, machining, or any open flame work;

(4)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use;

(5)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of work/live unit residents, because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Allowable Building Intensity. Work/live units shall comply with the building intensity limitations of the applicable zoning district.

(d)

Design and Development Standards.

Work/live units shall be subject to review and approval of a master site plan and proposal statement demonstrating that the project meets all of the following criteria, as well as the design standards of the applicable zoning district.

(1)

General Prerequisites.

(i)

At the time of application approval and for the reasonably foreseeable future, the industrial site and surrounding area is suitable for joint residential and industrial use.

(ii)

The project is designed to provide flexible workspace in conjunction with living areas that are conducive to a work environment.

(iii)

Residential and industrial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues onsite as well as off-site.

(2)

Commercial and Industrial Space Requirements.

(i)

The project site must remain primarily in commercial or industrial use. At no time shall more than fifty percent (50%) of the combined floor area of all buildings constructed on the project site be dedicated or used for work/live units. All remaining floor area on the project site shall be dedicated and reserved exclusively for other commercial and industrial uses allowable in the applicable zoning district.

(ii)

In addition, no less than fifty percent (50%) of the floor area of each work/live unit shall be designated, reserved and regularly used as work space for commercial or industrial uses.

(iii)

All designated work space shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

(3)

Integration of Living Space. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.

(4)

Design Review. Work/live units shall be subject to the design standards and procedures set forth in Article 82 and approval by the design review committee.

(5)

Parking Requirements. Work/live units shall comply with the parking standards set forth in Section 26-88-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.

(6)

Compliance with Building and Fire Codes. All work/live units shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code). If a structure contains mixed occupancies of work/live units and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live units and other occupancies, as determined by the building official.

(e)

Operating Requirements.

(1)

Occupancy. A work/live unit shall be occupied and used only by the operator or employee of the business within the unit.

(2)

Sale or Rental of Portions of Unit. The living space of the work/live unit shall not be rented, leased, sold or occupied separately from the working space. No portion of a work/live unit shall, at any time, be rented, leased, or sold as a commercial or industrial space by any person not living in the unit.

(3)

Notice to Occupants. The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

(4)

On-Premises Sales. On-premise sales of goods shall be limited to those produced within the work/live unit and shall be permitted only where such incidental sales are allowed by the zoning district. All on-premise sales of goods shall be incidental to the primary production work within the unit.

(5)

Nonresident Employees. The occupant of the work/live unit may employ up to two (2) persons who do not reside in the work/live unit to work in the unit, provided that adequate parking is provided as determined by use permit.

(6)

Noise. Noise generated by work/live uses shall be consistent with the noise element of the general plan.

(f)

Changes in Use. No portion of the work/live unit designated and approved as work space shall be converted to residential use without modification of the use permit, to ensure the continuing conformance with the use limitations, design and development standards and operating requirements of this section. Changes in the nonresidential portion of the use shall also require a modification of the use permit to ensure conformance with the use limitations, design and development standards and operating requirements of this section.

(g)

Findings for Approval. No use permit shall be approved for a work/live unit unless the decision maker makes all of the following findings, in addition to the findings required for use permit approval by Section 26-92-080 (Use permit—Findings).

(1)

The site is located within an existing urban service area;

(2)

Public services and infrastructure are adequate to serve the use;

(3)

The project complies with the standards and development criteria set forth in this section;

(4)

The establishment of work/live units will not displace, conflict with or inhibit other commercial or industrial uses on site;

(5)

The proposed use of each work/live unit is a bona fide commercial or industrial activity consistent with subsection (b) (Limitations on Use) of this section;

(6)

The structure containing work/live units and each work/live unit within the structure has been designed to ensure that they will function predominantly as work spaces for commercial or industrial uses with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations;

(7)

The establishment of work/live units, as conditioned, is compatible with surrounding land use and will not conflict with nor inhibit commercial or industrial uses on adjacent or nearby parcels; and

(8)

The exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where adjacent land is zoned for commercial or industrial uses.

(Ord. No. 5569 § 8, 2005.)

(a)

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy (SRO) facilities:

(1)

All SRO facilities are subject to design review.

(2)

Transient occupancy of the SRO rooms shall not be allowed. SRO tenants shall not have an additional residential address other than the address of the SRO facility in which the residential unit is located.

(3)

SRO rooms within SRO facilities shall be provided at rents affordable to households with lower incomes.

(4)

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.

(b)

Small SRO Facilities. The following additional criteria shall apply to SRO facilities containing less than ten (10) SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed four hundred (400) square feet.

(3)

Common Facilities. Small SRO facilities shall provide individual or shared (common) bathing facilities, and may provide individual kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.

(5)

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

(6)

Parking. Off-street parking shall be provided as set forth in Section 26-86-010 (Required parking). Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(c)

Large SRO Facilities. The following additional criteria apply to all SRO facilities containing ten (10) or more SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed three hundred (300) square feet.

(3)

Common Facilities.

(i)

Kitchen. Within a large single room occupancy (SRO) facility, no more than fifty percent (50%) of individual rooms may be provided with kitchens or kitchenettes. At least one (1) common (shared) kitchen/dining area shall be provided within a large SRO facility.

(ii)

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared.

(iii)

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.

(5)

Manager's Unit. An on-site, live-in manager's unit shall be provided. A management plan, including the proposed "house rules," shall be submitted as a part of the use permit application.

(6)

Parking. Parking for SRO facilities shall be provided as set forth in Section 26.86.010, Required parking. Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(Ord. No. 6223, § III(Exh. C), 5-8-2018; Ord. No. 5569 § 6, 2005.)

Editor's note— Ord. No. 6189, § II(F), adopted Dec. 20, 2016, repealed § 26-88-126, which pertained to medical cannabis dispensary uses and derived from Ord. No. 5715, § 2, adopted in 2007; Ord. No. 5748, § 2, adopted in 2007; and Ord. No. 5967, § I, adopted Jan. 31, 2012.

(a)

Purpose. This section establishes standards for the siting and operation of homeless shelters. The purpose of these standards is to ensure that the development and operation of small-scale and emergency homeless shelters do not adversely impact adjacent parcels or the surrounding residents and businesses. It is intended that these provisions protect the health, safety and welfare of the county's residents while ensuring that standards imposed on a shelter not serve as constraints, but rather serve to encourage and facilitate the development and operation of such facilities. The following performance standards shall apply to homeless shelters:

(b)

Permit Requirements. Homeless shelters may require a use permit, depending on their type and location, as provided in the regulations for the base districts in which they are allowed.

(c)

Property Development Standards. Homeless shelters shall conform to all property development standards of the zoning district in which they are located except as modified by these performance standards.

(d)

Maximum Number of Persons/Beds. Small-scale homeless shelters shall serve no more than ten (10) persons. Emergency homeless shelters shall be limited to not more than fifty (50) persons served on a year-round basis, but during seasonal or emergency events of flooding, extreme temperature, or natural disaster, such shelters shall not be limited with regard to number of persons served, subject to occupancy limits of the building code, so long as the operating conditions set forth in this section are met.

(e)

Lighting. Exterior lighting must be fully shielded and downward facing. Flood lights and uplights are prohibited. Luminaries must not exceed one thousand (1,000) lumens per fixture. Total illuminance beyond the property line must not exceed 1.0 lux. The color temperature of exterior lighting must not exceed three thousand (3,000) Kelvin.

(f)

Security and Management. Onsite security shall be provided during hours of operation. The shelter shall provide at least one (1) onsite manager at all times.

(g)

Common Facilities. Shelters are encouraged but not required to provide the following common facilities for the exclusive use of the residents:

(1)

Central cooking and dining room(s);

(2)

Common recreation room;

(3)

Office with services for residents;

(4)

Laundry facilities adequate for the number of residents.

(h)

On-Site Parking. On-site parking for homeless shelters, including bicycle parking, shall be subject to requirements set forth in Article 86.

(i)

Secure Storage. Shelters are encouraged but not required to provide secure, locked storage facilities for residents' personal belongings.

(j)

Concentration of Uses. No more than one emergency homeless shelter shall be permitted within a radius of three hundred (300) feet from another such shelter.

(Ord. No. 6458, § XVI, 12-5-2023; Ord. No. 5883, § IV, 5-30-2010.)

(a)

The following are the minimum criteria applicable to telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, additional mitigation measures or other conditions may also be necessary.

(1)

Except as noted, all telecommunication facilities shall comply with the following:

(i)

Any applicable easements or similar restrictions, including open space easements, on the subject property.

(ii)

Any applicable general plan, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project.

(iii)

The regulations of any applicable combining district.

(iv)

The height of any freestanding facility shall include the height of any structure upon which it is placed.

(v)

All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.

(vi)

The facility shall be operated so that it shall not result in human exposure to nonionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:

A)

Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.

(B)

Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.

(C)

Provide an independent analysis by or on behalf of the applicant which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements, and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures.

(vii)

Replacement of aging, defective, or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval, provided that such replacement does not increase the height or result in a substantial change in the appearance of the facility. Pursuant to Section 26-94-010(b), a legal nonconforming facility may be expanded one (1) time not to exceed ten percent (10%) of the total existing silhouette, subject to all other applicable requirements of this code.

(viii)

In the event that a proposed telecommunication facility does not meet the required standards or criteria for such facility in the applicable district, it may be considered as the next larger facility, subject to the criteria therefor. For example, a minor facility that exceeds the allowed silhouette limit may be considered as an intermediate facility requiring a use permit, or an attached facility that exceeds the allowed silhouette limit may be considered as a minor facility requiring a zoning permit.

(2)

In addition to the standards of subsection (a)(1) of this section, attached commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(ii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(iii)

Antennas shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iv)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(v)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(3)

In addition to the standards of subsection (a)(1) of this section, freestanding commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.

(ii)

Facility towers, antennas and other structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iii)

Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

(iv)

Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

(v)

Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.

(vi)

Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of thirty percent (30%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible.

(vii)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(viii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(ix)

Upon abandonment or termination, the entire facility, including all equipment, towers, antennas, etc., shall be removed and the site restored to its pre-construction condition or other authorized use.

(x)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(xi)

Facilities shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.

(xii)

The facility operator and property owner are encouraged to make available unutilized space for future co-located or multiple-user telecommunication facilities, including space for those entities providing similar, competing services.

(xiii)

All applications for zoning permits or use permits shall include a statement or other documentation that all owners of property within three hundred feet (300′) of the subject property have been provided with a written notification of the filing of the application.

(xiv)

An alternatives analysis (required for major freestanding facilities in all districts and for intermediate freestanding facilities in the AR, RR, R1, R2, R3, and PC districts with a UR or RR land use designation) shall include the following content:

(A)

A topographic map of the proposed local service area which identifies the local network of facilities with which the proposed facility will connect.

(B)

A small scale map of the applicable franchise area, which identifies the regional network of facilities with which the local network will connect.

(C)

Identification of the following on the local topographic map:

1.

All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those which provide other wireless services which could potentially support the proposed facility.

2.

All other existing structures which might provide an opportunity for attached facilities.

3.

Lands which are zoned for commercial or industrial use.

4.

Lands which are designated as open space.

(D)

Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed.

(E)

Identification of at least two (2) alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two (2) alternative plans. Alternatives which do not produce a minimum quality signal, or which would substantially interfere with another service do not need to be included.

(F)

The alternatives should include a mix of service strategies which incorporate existing, attached, and/or other freestanding facilities. The alternatives analysis for a facility proposed within a designated scenic resource area and/or a residential zone (AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation) shall include any feasible alternatives outside these respective areas. They should also be designed to offer clear tradeoffs involving:

1.

The level of service provided;

2.

The number of towers;

3.

Variety in tower heights and silhouettes;

4.

Potential visual impacts;

5.

Residential proximity and compatibility;

6.

Proximity to service area;

7.

Other applicable potential environmental impacts.

(G)

A description of each alternative, including its ancillary equipment and structures and associated roads and compare and contrast the alternatives using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.

(xv)

Tower setbacks may be waived under any one (1) of the following circumstances:

(A)

The facility is proposed to be co-located onto or clustered with an existing, legally established telecommunication facility.

(B)

All of the owners of affected properties agree to the reduced setback. A property is considered affected if its dwelling unit lies within a distance equivalent to the required setback for the subject tower prior to reduction and the reduced setback would result in the tower being located closer to the dwelling unit than the above setback would otherwise allow.

(C)

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(xvi)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(b)

Additional Standards for Telecommunication Facilities Pertaining to Specific Districts.

(1)

LIA, LEA, DA, RRD, RRDWA, TP Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a structure but are subject to a limit of five (5) square feet of silhouette above the structure ridgeline or twenty-five (25) square feet above the roof on any single structure and a cumulative total silhouette for all attached commercial antennas on the subject lot of one hundred (100) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following standards:

(A)

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouettes of the towers and antennas on the subject lot shall not exceed one hundred sixty-five (165) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities shall meet the following standards:

(A)

Towers shall meet the setback standards of subsection (b)(1)(ii)(A) of this section.

(B)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(C)

A visual analysis.

(2)

AR, RR, R1, R2, and R3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of all attached commercial antennas on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following:

(A)

Towers shall be set back from the nearest off-site dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouette of the towers and antennas on the subject lot at full design capacity shall not exceed seventy (70) square feet in the AR and RR districts and shall not exceed forty-five (45) square feet in the R1, R2, and R3 districts.

(iii)

Intermediate and major freestanding commercial facilities are not allowed in these districts unless the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible site or method of providing the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation. Such demonstration shall be accompanied by the following:

(A)

An alternatives analysis which meets the requirements of subsection (a)(3)(xiv) of this section.

(B)

A visual analysis, which may include photo montage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(3)

CO, C1 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas placed upon dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities fifty feet (50′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate freestanding commercial facilities greater than fifty feet (50′) in height shall meet the following:

(A)

Towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

A visual analysis.

(4)

C2, C3, LC, RC, AS, K, MP, M1, M2, and M3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities eighty feet (80′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities greater than eighty feet (80′) shall meet the following:

(A)

For intermediate facilities, towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

For major facilities, towers shall be set back by a minimum distance equivalent to one hundred percent (100%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(C)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(D)

A visual analysis.

(Ord. No. 4973 § 14, 1996.)

Editor's note— Ord. No. 6046, § II(i) , adopted Sep. 10, 2013, repealed § 26-88-135, which pertained to small wind energy systems and derived from Ord. No. 5342, § 6, adopted in 2002; Ord. No. 5361, §§ 2(q), (r), adopted in 2002; and Ord. No. 5435, § 2(ss), adopted in 2003. Similar provisions can be found in § 26-88-208.

(a)

All minor timberland conversions shall require a use permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and data as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after conversion. The statement shall include evidence acceptable to the planning director of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the planning director deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and microclimate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 4985 § 1(f), 1996.)

The planning director shall be responsible for verifying to the California Department of Forestry and Fire Protection that any proposed timberland conversion of less than three (3) acres in the TP (timberland production) district is in conformance with all county regulatory requirements.

(Ord. No. 4985 § 1(g), 1996.)

(a)

Permitted Use, Zoning Districts. Except as otherwise provided in subsection (b) of this section, major timberland conversions shall be a use permitted with a use permit in the RRD and TP zoning districts, and a permitted use in all other zoning districts. Major timberland conversions may convert timberland to any permitted use or use permitted with a use permit in all zoning districts, except for the TP zoning district. In the TP zoning district, major timberland conversions may be undertaken only to convert timberland to a permitted use or use permitted with a use permit that does not significantly detract from the use of the property for, or inhibit, timber production.

(b)

Permit Requirement. A major timberland conversion shall require use permit approval in compliance with this chapter in the RRD, RRDWA, and TP zoning districts, except for a major timberland conversion to convert timberland to a minor public service use or facility, which shall be a permitted use and shall not require a use permit. The minor public service use or facility itself, however, shall require use permit approval in compliance with this chapter.

(c)

Application Requirements. The use permit application for a major timberland conversion shall include all of the information and materials required by Section 26-92-170, and the timberland conversion permit and timber harvesting plan approved by the California Department of Forestry and Fire Protection for the proposed major timberland conversion.

(d)

Criteria for Approval. A use permit for a major timberland conversion shall not be approved unless the decision maker makes the findings required by Section 26-92-080, and determines that the proposed major timberland conversion complies with the following standards:

(1)

The proposed major timberland conversion includes substantial public benefits that outweigh the long-term loss of timberland, considering both the quantity and quality of the timberland being converted and the timberland being preserved pursuant to subsection (d)(2) of this section.

(2)

Two (2) acres of timberland with a natural slope no steeper than fifty percent (50%) are permanently preserved for timber production for each acre of timberland being converted, subject to the following requirements:

(i)

The preserved timberland shall be subject to the review and approval of the decision maker as part of the use permit approval for the proposed major timberland conversion.

(ii)

The preserved timberland shall be enforceably restricted with a perpetual protective easement preserving and conserving the preserved timberland for timber production, while protecting any riparian or other biotic resources on the preserved timberland consistent with applicable federal, state, and county statutes, ordinances, rules, and regulations. The protective easement shall be dedicated to the county or a public agency or qualified nonprofit organization approved by the county, and shall be recorded prior to commencement of timber operations for the major timberland conversion.

(iii)

The preserved timberland shall be located within the county, either on the same property as the timberland being converted or on other property in the local area.

(iv)

The preserved timberland shall be contiguous to other timberland where contiguity is feasible and is necessary or desirable to better ensure the viability of the preserved timberland for timber production.

(v)

The preserved timberland shall have the same site classification or higher as the timberland being converted.

(vi)

Any preserved timberland that does not meet state stocking standards shall be rehabilitated in compliance with the following requirements:

(A)

The understocked preserved timberland shall be rehabilitated to meet state stocking standards within five (5) years after the use permit approval for the proposed major timberland conversion. The rehabilitation shall be conducted by or under the supervision of a registered professional forester. Timber seedling planting for the rehabilitation shall be completed and verified by the registered professional forester prior to commencement of timber operations for the major timberland conversion. Upon completion of the rehabilitation, the registered professional forester shall certify that the preserved timberland meets state stocking standards.

(B)

Performance of the rehabilitation shall be guaranteed by a bond or other form of security acceptable to the planning director in the amount of one hundred percent (100%) of the total estimated cost of the rehabilitation. The security shall be released upon certification by the registered professional forester that the preserved timberland meets state stocking standards. The county may redeem the security, complete the rehabilitation with its own forces or by contract, and use the security to offset the costs of such undertaking where satisfactory progress is not made toward completion of the rehabilitation in a timely manner, or where at the conclusion of the five (5) year rehabilitation period the preserved timberland does not meet state stocking standards.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 5695 § 1, 2007: Ord. No. 5651 § 1(y), 2006.)

Any use subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 3, 1999.)

A lot line adjustment approved pursuant to Chapter 25 of this code may create an agricultural homesite parcel in the diverse agriculture zoning district having a parcel size less than ten (10) acres if the lot line adjustment complies with all of the following requirements:

(a)

All of the affected parcels have a diverse agriculture general plan land use designation and are in the diverse agriculture zoning district. No other general plan and zoning designations shall qualify.

(b)

All of the affected parcels are in one ownership and have been owned by the same owner for at least ten (10) years.

(c)

All of the affected parcels are subject to a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

(d)

All of the affected parcels have adequate potential for suitable water supply and sewage disposal.

(e)

The agricultural homesite parcel contains, at the time the lot line adjustment is approved, a residence that has existed on the property for at least five (5) years and is subject to Section 428 of the Revenue and Taxation Code. The other affected parcels shall each have a suitable building site or sites outside of geologic or flood hazard areas, and designated open space areas.

(f)

The lot line adjustment will not result in an agricultural homesite parcel that is less than one and one-half (1 ½) acres in size or any other affected parcel that is less than ten (10) acres in size for type I preserves, forty (40) acres in size for type II preserves, or the established minimum lot size, whichever is more restrictive.

(g)

No other agricultural homesite parcels shall have been created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years preceding the lot line adjustment, nor shall any other agricultural homesite parcels be created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years following the lot line adjustment.

(h)

No subdivision of the affected parcels shall have occurred since the adoption of the 1989 general plan.

(i)

A note shall be included on the deed creating the agricultural homesite parcel indicating that the agricultural homesite parcel is in an area of agricultural production and may be subject to agricultural nuisances in the form of noise, light, spraying, odors or other conditions associated with productive agriculture.

(j)

An agricultural nuisance easement and covenant approved by the county surveyor shall be recorded concurrently with the deed creating the agricultural homesite parcel. The agricultural nuisance easement and covenant shall be in favor of the other affected parcels and shall contain, at a minimum, a restriction on the ability of the owner of the agricultural homesite parcel to maintain either administrative or legal proceedings for the purpose of limiting or interfering with the agricultural uses or practices on the other affected parcels. The agricultural nuisance easement and covenant shall also contain a provision that requires the owner of the agricultural homesite parcel to maintain the agricultural homesite parcel in a manner which prevents the breeding of pests harmful to agricultural operations on the other affected parcels and which insures that the agricultural homesite parcel will not interfere with the agricultural use of the other affected parcels.

(k)

The agricultural homesite parcel shall be excluded from the benefits of the land conservation contract after the lot line adjustment and shall be removed from the contract either by nonrenewal or cancellation of the contract insofar as it applies to the agricultural homesite parcel.

(Ord. No. 5082 § 1, 1997.)

(a)

Notwithstanding any ether provision of this code, except as otherwise provided in subsection (b) of this section, all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel;

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(i)

The parcel meets all of the following criteria:

(A)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(B)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(C)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an Area 1, 2, or 3 groundwater availability area as shown on Figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an Area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(ii)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CO (administrative and professional office), C1 (neighborhood commercial), C2 (retail business and service), C3 (general commercial), LC (limited commercial), K (recreation and visitor-serving), MP (industrial park), M1 (limited urban industrial), M2 (heavy industrial), M3 (limited rural industrial), or PF (public facilities) zoning districts;

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan;

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967;

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farmworker housing, as allowed by the applicable zoning district;

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5154 § 1(b), 1999.)

(a)

Applicability: This section is applicable to the subdivision of any multi-family property with five (5) or more units.

(b)

Findings for Map Approval: In order to approve a subdivision map to allow the conversion of a multi-family rental property to condominiums, the following findings shall be made by the decision making body:

(1)

The surplus of vacant multifamily residential units offered for rent or lease is in excess of five percent (5%) of the available multifamily rental stock as reported in the most recent general plan annual implementation progress report.

(2)

At least thirty percent (30%) of the units included in the proposed condominium conversion are reserved for sale to low and very low income households and subject to an affordable housing agreement that ensures the units remain affordable to very low and low income households for at least thirty (30) years, or a longer period if otherwise required by state or local law.

(3)

The subdivider has provided an adequate relocation assistance plan to assist in relocating tenants displaced by the conversion to comparable rental housing. Tenants existing at the date of conversion shall be granted the right of first refusal concerning the purchase of the units. Tenants who are sixty (60) years or older shall be offered lifetime leases. Tenants not qualifying for lifetime leases shall be offered a ten-year lease.

(Ord. No. 6247, § II(Exh. H), 10-23, 2018)

This section establishes standards for small alcoholic beverage retail establishments, where allowed by the base zoning district.

(a)

Permit Requirement. Small alcoholic beverage retail establishments shall require a use permit. In granting a use permit for a small alcoholic beverage retail establishment and in making the findings required for use permit approval by section 26-92-080, the decision maker shall consider the following:

(1)

The number of alcohol licenses per capita within a one-half mile radius of the premises as compared to the county-wide average;

(2)

The numbers of calls for service, crimes, and arrests at the premises and within a one-half mile radius of the premises as compared to the county-wide average;

(3)

Whether the site plan and floor plan for the premises incorporate design features to assist in reducing alcohol-related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage objectionable activities.

(b)

Location Requirement. Small alcoholic beverage retail establishments shall be separated by a minimum of one thousand (1,000) feet from all schools, day care centers, park and recreation facilities, places of religious assembly, and other alcoholic beverage retail establishments. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. An exception to this provision may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(1)

That the proposed use is located in an area where the number of calls for service, crimes, and arrests within a one-half mile radius of the premises is less than the county-wide average; and

(2)

There is adequate separation from the other uses specified above to deter loitering and exposure to alcohol sales.

(c)

Operating Standards. Small alcoholic beverage retail establishments shall comply with the following operating standards. In granting a use permit for a small alcoholic beverage retail establishment, the decision maker may impose additional operating standards as conditions of approval.

(1)

Customer and Site Visitor Management. The operator of the establishment shall take all reasonable steps, including contacting law enforcement officers in a timely manner, to prevent customers or other persons from engaging in objectionable activities on the premises, parking areas under the control of the operator, highways, roads, streets, sidewalks, lanes, alleys, and other public areas surrounding the premises, and adjacent properties during business hours.

(2)

Trash, Litter, Graffiti.

(i)

At least twice a week, the operator of the establishment shall remove trash, litter, and debris from the sidewalks adjoining the premises plus ten feet (10′) beyond property lines as well as any parking lots under the control of the operator.

(ii)

The operator of the establishment shall install and maintain a minimum of one permanent, non-flammable trash container with at least a sixty (60)-gallon capacity on the exterior of the premises.

(iii)

The operator of the establishment shall remove all graffiti from the premises and parking lots under the control of the operator within seventy-two (72) hours of its application.

(3)

Staff Training. Within ninety (90) days from issuance of a certificate of occupancy or if no building permit is required, within ninety (90) days of issuance of the use permit, all owners, managers, and employees selling alcoholic beverages at the establishment shall complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program shall meet the standards of the California Department of Alcoholic Beverage Control or other certifying/licensing body which the state may designate. New owners, managers, and employees shall complete the training course within thirty (30) days of the date of ownership or employment. Records of successful completion for each owner, manager, and employee shall be maintained on the premises and presented upon request by a representative of the county.

(4)

Staffing, Surveillance, and Security.

(i)

Signs and displays shall not obstruct the sales counter, cash register, and customers from view from the exterior of the premises.

(ii)

The operator of the establishment shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum, the external cameras shall monitor the entrance to the premises and vicinity of at least twenty (20) feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes or digital recording medium from these cameras shall be retained for at least ten (10) days from the date of recording before destruction or reuse. The tapes or digital recording medium shall be made available to the sheriff's department, or any other law enforcement agency, upon request. An exception to the requirement for exterior surveillance cameras and monitors may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(A)

That the proposed operation is located in an area where the number of calls for service, crimes, and within a one-half mile radius of the premises is less than the county-wide average; and

(B)

That there is adequate visibility of the exterior of the premises from the area of the cash register.

(iii)

A monitored robbery alarm system shall be installed and maintained in good working condition on the premises.

(iv)

Restrooms on the premises shall remain locked and under the control of the cashier.

(v)

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

(5)

Limitations on Product Sales and Display.

(i)

Refrigerated coolers, tubs, and other storage containers holding alcoholic beverages shall be equipped with locking mechanisms that shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited by the California Department of Alcoholic Beverage Control regulations or license.

(ii)

No beer or wine shall be displayed within five feet (5′) of the cash register or front door of the premises.

(iii)

No video or arcade type games are permitted on the premises. California State Lottery games are permitted.

(6)

Signs, Lighting, Postings.

(i)

Premises identification shall comply with Article V, Division C of Chapter 13 of this code and the county's adopted road naming and addressing procedures and standards.

(ii)

A copy of the conditions of approval for the use permit shall be kept on the premises and shall be presented to any peace officer or any authorized county official upon request.

(iii)

Signs shall be posted on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

(iv)

Required interior and exterior signs shall be posted in English and the predominate languages spoken by nearby community patrons.

(v)

Premises shall be lit by high-pressure sodium or equivalent intensity fixtures. All site lighting and lighting for signs shall be down lit and directed away from residential uses.

(7)

Compliance with Other Requirements.

(i)

The operator of the establishment shall comply with all local, state, and federal laws, regulations, or orders, including those of the California Department of Alcoholic Beverage Control, as well as any conditions imposed by permits issued in compliance with those laws, regulations, or orders.

(ii)

The operator of the establishment shall comply with all provisions of this code and conditions imposed by county-issued permits.

(d)

Grounds for Modification or Revocation. In addition to the grounds in Section 26-92-120, the decision maker may require modification, discontinuance, or revocation of use permits for small alcoholic beverage retail establishments if the decision maker finds that the use is operated or maintained in a manner that:

(1)

Adversely affects the health, peace, or safety of persons living or working in the surrounding area;

(2)

Contributes to a public nuisance;

(3)

Has resulted in repeated objectionable activities;

(4)

Violates any provision of this code or condition imposed by a county-issued permit, or violates any provision of any other local, state, or federal law, regulation, or order, including those of the California Department of Alcoholic Beverage Control, or violates any condition imposed by permits issued in compliance with those laws, regulations, or orders.

(e)

Nonconforming Uses and Structures. Small alcoholic beverage retail establishments that were legally operating prior to the adoption of this section may continue to operate as nonconforming uses in compliance with the provisions of Article 94 of this chapter (nonconforming uses). In addition to those provisions, after the effective date of this section nonconforming small alcoholic beverage retail establishments shall be required to obtain approval of a use permit prior to any of the following:

(1)

Resumption of alcoholic beverage sales after the establishment's liquor license is revoked by the California Department of Alcoholic Beverage Control.

(2)

Resumption of alcoholic beverage sales after the establishment's liquor license is suspended for more than forty-five (45) days by the California Department of Alcoholic Beverage Control.

(3)

Any expansion of the size of the establishment.

(Ord. 5790 § 1(m), 2008.)

Renewable Energy Systems and Facilities are allowed in accordance with permit requirements as shown in Table 1: Allowed Uses and Permit Requirements for Renewable Energy Systems and Facilities.

(a)

Accessory Renewable Energy Systems The following site planning and development standards shall apply to accessory renewable energy systems, defined as those designed to supply a total of not more than 125% of the calculated energy demand for all legally established onsite uses. Accessory renewable energy systems include attached wind systems and those not exceeding forty (40) feet in height; solar photovoltaic systems; low-temperature geothermal heating systems; geothermal heat pump systems; and bioenergy systems (and associated cogeneration facilities) where the feedstock is also produced onsite.

Accessory systems do not include systems designed or used primarily to supply off-site energy needs. Oversized accessory solar or bioenergy systems constructed on or within existing buildings or as shade structures over required parking areas are not subject to the 125% threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program.

(1)

Site Planning and Development Standards

(i)

Biotic Resources. Accessory renewable energy systems shall not be sited within designated sensitive biotic resource areas as designated in the General Plan, Zoning or Area Plan including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors.

(ii)

Scenic Resources. Accessory renewable energy systems located within scenic areas as designated in the General Plan, Zoning or Area Plan shall require administrative design review as set forth in 26.82.050 (Design Review). Systems shall be sited behind natural topography or vegetation when feasible.

(iii)

Farmland Protection. In the agricultural zoning districts, an accessory renewable energy system shall be sited to minimize any loss of Important Farmlands, and shall meet the requirements of General Plan Policy AR-4a. A Right to Farm declaration and an agricultural impact easement limiting the liability of farmers on nonagricultural uses shall be recorded. If the system is located on a site under a Land Conservation Act (Williamson Act) contract, the system must serve an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

(iv)

Fire Protection. An accessory renewable energy system shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). For roof-mounted solar systems, this includes 3 feet clear at roof edges, valley and hips, unless waived in writing by the Fire Marshal.

(v)

Grading and Access. Accessory renewable energy systems shall be sited to maintain natural grades and shall use existing roads for access. Grading and/or construction of new roads shall be allowed only where necessary to provide the system in proximity to the energy use or transmission and distribution system, and that an alternate location on the subject site is less suitable for environmental or visual reasons.

(vi)

Noise. Renewable energy systems shall not exceed the General Plan Noise Standards Table NE-2, measures at the nearest property line.

(vii)

Cessation of Use. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use, and shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within six (6) months.

(b)

Commercial Renewable Energy Facilities. The following siting criteria and development standards apply to all commercial (nonaccessory) renewable energy facilities which provide energy for off-site use, unless otherwise exempt, in addition to the applicable special use standards for the specific type of facility:

(1)

Siting Criteria.

(i)

Aesthetics. Renewable energy facilities shall be sited to minimize view impacts from public roads and adjacent residential areas, and shall require administrative design review as set forth in 26.82.050 (Design Review). Proposed facilities located within Scenic or Historic Resource combining zones shall also require design review of materials, colors, landscape, fencing and lighting plans. Any lighting shall be fully shielded, downward casting and not wash out onto structures, other properties or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved design plans.

(ii)

Air Safety. Renewable energy facilities shall not be located within the approach zone (outer or inner safety zones) or the inner turning zones for any public use airport. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation; sites located within a public use airport traffic zone will be required to provide an analysis documenting compliance with this standard. The owner/operator of a facility approved within a public airport's traffic zone shall be required to record an avigation easement and may be required to mark or light the facility for air traffic safety. The operator shall notify the FAA and California Division of Aeronautics of any structures in an airport traffic zone that are more than 200 feet above the ground elevation or that exceed airport imaginary surfaces as defined in Federal Aviation Regulations Part 77. If located on airport lands, the facility must meet the building setback approved on the Airport Layout Plan.

(iii)

Biotic Resources. Renewable energy facilities shall be sited to avoid or minimize impacts to sensitive biotic habitats including woodlands, wetlands, streams, and habitat connectivity corridors as identified in the General Plan, Area Plan, Specific Plan or a Biotic Resource combining zone. Projects located within or adjacent to these areas will require a biotic study at the time of use permit application to demonstrate that the facility avoids sensitive species to the maximum extent feasible and provides adequate mitigation of potential impacts.

(iv)

Cultural and Historic Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources. Projects located within a Historic District shall be subject to review by the Landmarks Commission, unless otherwise exempt. Projects involving grading more than 18-inches in depth may require a cultural resources survey at the time of use permit application.

(v)

Farmland Protection. Where a commercial renewable energy facility is sited within an Agricultural Zone, the primary use of the parcel shall remain in agriculture pursuant to General Plan Policy AR-4a. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. A renewable energy facility shall not take mapped Important Farmlands out of agricultural production by removing permanent crops.

If the facility is located on a site under a Land Conservation Act (Williamson Act) contract, the facility must be listed as an agricultural or compatible use in the Agricultural Preserve Rules and allowed by the type of contract. The total site area for all compatible uses including renewable energy facilities shall not be greater than 15 percent of the parcel or 5 acres, whichever is less, unless determined by the Board of Supervisors that a larger site area is consistent with the principles of compatibility.

(vi)

Proximity to Utility Transmission Lines and Utility Notification. For renewable energy facilities interconnected to transmission lines greater than 6kV, the location of new transmission lines, poles, and utility sub-stations shall be identified on the site plans. If high voltage (100kV) or private transmission lines are proposed, they shall be considered as part of the use permit process for the renewable energy facility. No building permit for a renewable energy facility shall be issued until 1) evidence has been provided to the department that the proposed interconnection is acceptable to the utility; 2) the Planning Commission has reviewed and made a recommendation regarding the proposed transmission line route; and, 3) the California Public Utilities Commission has approved the location of any new utility-owned transmission lines.

(vii)

Grading and Access. Renewable energy facilities shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Following use of temporary access roads, construction staging areas, or field office sites used during construction, all natural grades shall be restored and revegetated. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.

(viii)

Land Use. Renewable energy accessory systems and commercial facilities shall be located within existing built or developed areas, on or within existing legally established structures or over parking areas to the extent practicable.

(2)

Development Standards.

(i)

Air Quality. During site preparation, grading and construction, the operator must implement best management practices to minimize dust and wind erosion including, regularly water roads and construction staging areas as necessary. Paved roads shall be swept as needed to remove any soil that has been carried onto them from the project site.

(ii)

Erosion and Sediment Control. The operator must have a stormwater management permit and an erosion and sediment control plan approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to minimize sediment run-off into waterways.

(iii)

Fire Protection. Renewable energy facilities shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), addressing, vegetation management and fire break maintenance around all structures.

(iv)

Noise. Renewable energy facilities shall be operated in compliance with the General Plan Noise Standards Table NE-2.

(v)

County Service Impacts/Sales and Use Taxes. Prior to issuance of any grading or building permit(s), the owner/operator shall enter into an agreement with the County, in a form approved by the County Counsel, governing payment of sales and use taxes. The owner/operator shall undertake specified actions in contracting for construction of the facility so as to allocate sales and use taxes paid in connection with the construction of the plant to the County. The owner/operator shall include language in its construction contracts identifying the jobsite as within the County and requiring its construction contractors to allocate sales and use taxes to the County, to the extent provided by law in its Board of Equalization filings and permits.

(vi)

Security and Fencing. The site area for a renewable energy facility must be fenced to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used in rural areas. If needed, security lighting shall be motion sensored. Access gates and equipment cabinets must be locked at all times.

(vii)

Signs. Temporary signs describing the project, and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed onsite, subject to administrative design review. Outdoor displays, billboards or advertising signs of any kind either on- or off-site are prohibited unless approved as a part of the use permit.

(viii)

Decommissioning. A decommissioning plan shall be required as part of any use permit for a renewable energy facility and must include the following:

(A)

Removal of all aboveground and underground equipment, structures not identified for re-use, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.

(B)

Removal of graveled areas and access roads and placement of topsoil.

(C)

Restoration of the surface grade and placement of topsoil after removal of all structures and equipment including grading, revegetation and erosion control plans to return the site to an appropriate end use.

(D)

Revegetation of disturbed areas with native seed mixes and plant species suitable to the area. Documentation of a three (3) year maintenance agreement for all revegetated areas must be submitted prior to the restoration being considered complete.

(E)

The timeframe for completion of removal and restoration activities.

(F)

An engineer's cost estimate for all aspects of the restoration plan.

(G)

An agreement signed by the owner and operator that they take full responsibility for decommissioning and reclaiming the site in accordance with the Decomissioning Plan and Use Permit approval upon cessation of use.

(H)

A plan to comply with all state and federal requirements for reuse, recycling or disposal of potentially hazardous waste.

The facility operator is required to notify the department immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within one (1) year.

(ix)

Financial Assurance. Financial assurance may be required for any commercial renewable energy facility, and shall be required for renewable energy facilities of 1 MW or larger or which exceed 5 acres in land area. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the Department to secure the expense of decommissioning, dismantling and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines/pipes in compliance with the approved restoration plan.

(x)

Abandonment. A renewable energy facility that ceases to produce electricity and/or useful heat and/or renewable fuel on a continuous basis for twelve (12) months shall be determined abandoned in compliance with the following procedures. Facilities determined by the County to be unsafe and facilities erected in violation of this section shall also be considered abandoned and shall be subject to code enforcement action.

(A)

The determination of abandonment shall be made by the code enforcement officer or his/her designee. The code enforcement officer or any other employee of the. Department shall have the right to request documentation and/or affidavits from the facility owner/operator regarding the use of the facility, and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The code enforcement officer's decision is appealable pursuant to Section 1-7.3 (b) of the Sonoma County Code.

(B)

Upon a determination of abandonment or other violation(s), the County shall send a notice to the owner and operator, indicating that the responsible party shall remove the facility and all associated structures, and begin restoration of the site to its approximate original condition within ninety (90) days of notice by the County, unless the County determines that the facilities must be removed in a shorter period to protect public safety or an alternative to resolving the violation is agreed upon. All restoration work shall be completed within one (1) year.

(C)

In the event that the responsible parties have failed to remove and/or restore the facility site or otherwise resolve the violation(s) within the specified time period, and the appeals have been exhausted, the County may use the financial security to remove the facility and restore the site. The County may thereafter initiate judicial proceedings or take any other steps authorized by law against the responsible parties to recover costs associated with the removal of structures determined to be a public hazard.

TABLE 1ALLOWED USES AND PERMIT REQUIREMENTS FOR RENEWABLE ENERGY SYSTEMS AND FACILITIES

Notes:
¹ If under Land Conservation (WA) contract, the facility must be listed as compatible use in the local Ag Preserve Rules; be allowed by the type of contract; and shall be no more that 15% of the parcel or 5 acres whichever is less, unless determined by the Board of Supervisors that a larger percentage is compatible and use permit is obtained.
² On DA and LEA parcels, commercial solar facilities are limited to 30% of site area to a maximum of 50 acres unless a Rezone to add the RE Combining Zone is granted. On RRD parcels, the limit is 15% to a maximum of 5 acres unless a Rezone to add the RE is granted.
³ Commercial solar facilities allowed within the AR and RR zones only on parcels of at least 10 acres, subject to use permit.
⁴ Roof-mounted solar on legally established buildings or located on carports/shade structures over required parking only; see 26.88.206. C.
⁵ Excludes Important Farmlands mapped as Prime, Statewide, or Unique by the Farmlands Mapping & Monitoring program (FMMP); excludes designated Scenic and Biotic Resource Areas (SR and BR) unless a protective easement is recorded.
⁶ Maximum height is forty (40') feet on a parcel less than one (1) acre; sixty-five (65') feet on a parcel one (1) to less than five (5) acres; and maximum height of eighty (80') feet on a parcel of five (5) acres or more.
⁷ Cogeneration and similar technologies, including fuel cells, must result in a net reduction in carbon output in order to be considered a renewable facility as defined herein.
⁸ Other hybrid or emerging renewable energy technologies which in the opinion of the director are of a similar and compatible nature to those uses listed.
⁹ ≤15 gallons biodiesel generation exempt with Fire Code review and signoff. Oversized accessory bioenergy systems placed on or within existing structures or paved/compacted areas not subject to 125% limitation.

(Ord. No. 6046, §§ II(d), (e), Exhs. C, D, 9-10-2013)

(a)

Purpose. This section establishes the minimum standards for bioenergy production facilities including ethanol, biodiesel and biogas, and related power generation and cogeneration facilities where allowed by the base zone. Bioenergy refers to power or fuels produced from any biomass material derived from plants, animals and organic waste streams.

(b)

Applicability. These standards apply to all bioenergy facilities as allowed by the base zone as shown in Table 1: Allowed Uses and Permit Requirements Renewable Energy Systems and Facilities in Section 26-88-200.

(c)

Limitations on Uses. Commercial bioenergy facilities are allowed as a compatible use on agricultural lands under Land Conservation Act (Williamson Act) contract only in areas that are not classified in the State Farmland Mapping and Monitoring Program as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland.

(d)

Accessory Bioenergy Production. Bioenergy and cogeneration facilities serving up to one hundred twenty-five percent (125%) of the onsite energy demand for a legally established use are permitted as an accessory use when feedstocks are produced onsite or the feedstocks are the byproduct of onsite agricultural processing, subject to the standards of Subsection E. Where feedstocks are imported from another site or where biofuels are exported off-site, a use permit shall be required.

Oversized accessory bioenergy systems located on or within existing structures or existing developed areas are not subject to the one hundred twenty-five percent (125%) threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program, but shall be limited to existing developed area of the site, as determined by the director.

(e)

Development Standards. The following standards shall apply to bioenergy production and cogeneration facilities, in addition to the general development standards of Section 26-88-200, Renewable Energy Facilities.

(1)

Setbacks. Bioenergy facilities shall comply with all setbacks of the underlying zone district, except that on parcels adjacent to a residential zone or off-site residential use, bioenergy production facilities shall maintain a minimum setback of two hundred feet (200') from the residential use or zone district. Greater setbacks may be established for large facilities.

(2)

Storage. The bioenergy production facility shall include sufficient storage for both raw materials and fuel production. Onsite storage shall also be provided for all additional byproducts resulting from bioenergy production, unless those additional products are used onsite through land application, livestock consumption, or similar as a part of the approved land use permit.

(3)

Regulatory Compliance. Buildings, facilities, and equipment used in the production and/or storage of bioenergy shall comply with all local, State, and Federal laws. The owner or operator of the biofuel production facility shall provide Sonoma County PRMD with proof that all necessary approvals had been obtained from State and Federal agencies involved in permitting any of the following aspects of biofuel production:

(i)

Air pollution emissions;

(ii)

Transportation of biofuel, or additional products resulting from biofuel production;

(iii)

Use or reuse of additional products resulting from biofuel production; and

(iv)

Storage of raw materials, fuel, and additional products used in, or resulting from, biofuel production.

(Ord. No. 6046, § II(f), Exh. E, 9-10-2013)

(Ord. No. 6046, § II(g), 9-10-2013)

(a)

Purpose. This section establishes minimum development and operational standards for solar energy facilities, where allowed by the base zone or the Renewable Energy (RE) combining zone. The intent of these standards is to promote and facilitate the siting and permitting of solar electric (photovoltaic) systems and facilities in a manner that minimizes adverse environmental impacts.

(b)

Applicability. These standards apply to all solar energy facilities not otherwise exempted.

(c)

Exempt Facilities. The special use standards set forth in this section shall not apply to the following exempt systems:

(1)

Solar hot water systems designed as an accessory use to serve a legally established use of the property;

(2)

Solar photovoltaic systems, subject to planning clearance, that meet any one of the following:

(i)

Roof-mounted accessory systems and commercial facilities located on a legally established building containing the primary allowed use on the site, and/or on legally established accessory structure(s) containing use(s) allowed as accessory to the primary use, where the installations meet fire safe standards for access along the roof peak and eaves.

(ii)

Solar accessory systems and commercial facilities affixed to shade structures located over required parking areas, in accordance with parking and fire safe standards.

(iii)

Accessory ground mounted solar photovoltaic systems designed to provide no more than one hundred twenty-five percent (125%) of the estimated energy demand onsite meeting all of the following health and safety standards:

(A)

Not exceeding fifteen feet (15') in height, unless demonstrated by a structural engineer to meet public safety standards;

(B)

For residential installations, the system design capacity does not exceed the average kW use for similar sites, unless a higher energy need for legal uses on the installation site is demonstrated as determined by the Director, subject to a zoning permit;

(C)

The system installation complies with required yard setbacks and lot coverage limitations of the underlying zone district, unless demonstrated that the installation does not impair sight distance for safe access to or from the property or other properties in the vicinity as determined by the director subject to a zoning permit;

(D)

The system installation meets fire safe standards and provisions for emergency access, and defensible space around the system components are provided;

(E)

The system is not located over a septic system or leachfield area or identified reserve area, and is not located in a floodway as designated by FEMA; and

(F)

Does not otherwise create a fire or other safety hazard as determined by the fire marshal and building official.

(3)

Solar photovoltaic systems and facilities owned by the county or other local agency as defined in Government Code Section 53090 or the California Public Utility Code Section 12808.5.

(d)

Minor Commercial Solar Facilities (Incidental to a Primary Use). The following special use standards apply to all minor solar electric (PV) systems and facilities designed to provide energy for on- and off-site use, that are incidental to the primary use of the property. These standards apply in addition to the general site planning and development standards of Section 26-88-200.

(1)

Parcel Coverage. Minor commercial solar facilities shall cover less than fifteen percent (15%) of the parcel and no more than five (5) acres. The area covered by panels shall be the lesser of fifty percent (50%) of the maximum lot coverage allowed by the zone, or if applicable, fifty percent (50%) of the allowable building envelope as designated on a final map. Facilities mounted on the roof(s) of legal, permitted structures that otherwise comply with lot coverage maximums are exempt from these limitations.

(2)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and provisions for emergency access and defensible space around the facility are required.

(3)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by no more than two feet (2'). Ground-mounted facilities shall not exceed 15-feet in height.

(4)

Incompatible Locations. Ground mounted facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

In a designated sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan or the California Natural Diversity Database; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(5)

Performance Standards.

(i)

Glare. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas.

(ii)

Farmland Protection. If the facility is located within or near an agricultural area, the owner/operator shall sign and record a Right to Farm declaration and an agricultural easement.

(e)

Commercial Solar Facilities. The following special use standards apply to all solar electric (PV) facilities that are developed as a primary use of the property as allowed by the underlying zone, in addition to the siting criteria and development standards of Section 26-88-200.

(1)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and access for emergency vehicles shall be provided along the periphery of the facility.

(2)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by up to two feet (2'). Ground-mounted facilities shall not exceed fifteen feet (15') in height unless otherwise allowed by use permit.

(3)

Undergrounding Electrical. Electrical distribution lines on the project site shall be underground up to the low voltage side of the step up transformer, to the point of onsite use or to the utility interface point of an onsite substation. This provision may be waived by the decision-making body if the undergrounding is determined to be an undue burden.

(4)

Glare Effects. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas. A detailed analysis of potential glare effects may be required at the time of application, and the applicant may be required to minimize glare effects by installing vegetative screens or berms, and/or by adjusting solar collector position or operation to minimize glare.

(5)

Farmland Protections. In addition to the Right to Farm and Agricultural Use Easement requirements set forth in Section 26-88-200(b)(1)(v), Farmland Protection, the site area used for the installation of a commercial solar facility shall exclude mapped Important Farmlands, and a protective easement may be required over these lands.

(6)

Scenic and Biotic Resource Protections. Ground-mounted commercial solar facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

Within a Scenic Resource (SR) or Biotic Resource (BR) combining zone, nor within a sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan, or the California Natural Diversity Database, unless a protective easement is recorded to protect these resources; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(7)

Photovoltaic Module Management. Reuse, recycling or disposal of any photovoltaic panels shall be conducted in accordance with the Standards for Universal Waste Management—Photovoltaic Modules as set forth in Chapter 23 of the California Code of Regulations.

(Ord. No. 6046, § II(h), Exh. F, 9-10-2013)

(a)

Purpose. This section establishes standards for the siting and operation of wind energy systems and facilities. This section is intended to implement the requirements of Government Code section 65892.13, while protecting the scenic and natural resources of the county and the health, safety and welfare of its residents to the extent permitted by law.

(b)

Applicability. These standards apply to all wind energy systems and facilities as allowed by the base zoning district as shown in Table 1 subject to the general development standards for renewable energy facilities in Section 26-88-200.

(1)

Exempt Accessory Wind Energy Systems. In any zoning district, accessory wind energy systems that are attached to a wall, roof or structural member of a legally established building are exempt from the development standards set forth herein, subject to the height and setback restrictions of the underlying zoning district.

(c)

Limitations on Location and Use. Wind energy systems and facilities shall not be located on a site that is:

(1)

Within a scenic corridor identified by the open space element of the General Plan;

(2)

Within a special studies zone established in compliance with the Alquist-Priolo Earthquake Fault Zoning Act;

(3)

Subject to a conservation easement established in compliance with Civil Code Section 815 et seq., that prohibits wind energy systems or facilities;

(4)

Subject to an open space easement established in compliance with Government Code Section 51070 et seq., that prohibits wind energy systems or facilities;

(5)

Subject to an agricultural conservation easement established in compliance with Government Code Section 10200 et seq., that prohibits wind energy systems or facilities;

(6)

Subject to a Williamson Act contract established in compliance with Government Code Section 51200 et seq., that prohibits small wind energy systems or facilities; or

(7)

Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed.

(d)

Development Standards. The following standards shall apply to wind energy systems and facilities, in addition to the general development standards for renewable energy set forth in Section 26-88-200, unless otherwise exempt:

(1)

The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum distance of ten feet (10') from any other structure on the parcel on which the system is located. On parcels of ten (10) acres or more, the parcel line setback may be reduced if the applicant demonstrates that:

(i)

Because of topography, strict adherence to the setback requirement would result in greater visibility of the system's tower than a reduced setback, and

(ii)

The system's tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels;

(2)

The system's tower and supporting structures shall comply with any applicable fire setback requirements in the fire safe standards (Chapter 13, Article V of this Code);

(3)

The system's tower shall not exceed a maximum height of forty feet (40') on a parcel of less than one (1) acre, a maximum of sixty-five feet (65') on a parcel of one (1) to less than five (5) acres, and maximum height of eighty feet (80') on a parcel of five (5) acres or more, unless a use permit is obtained;

(4)

The system's tower shall be set back from and not project above the top of any visually prominent ridgeline;

(5)

The system's tower shall not significantly impair a scenic vista from a county-designated or state-designated scenic corridor;

(6)

The system's tower shall be located and screened by landforms, natural vegetation or other means to minimize visual impacts on neighboring residences and public roads, public trails and other public areas;

(7)

The system's tower and supporting structures shall be painted a single, neutral, nonreflective, nonglossy (for example, earth-tones, gray, black) that, to the extent possible, visually blends the system with the surrounding natural and built environments;

(8)

The system's turbine shall be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the commission;

(9)

The system shall be designed and constructed in compliance with the Uniform Building Code and National Electric Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer;

(10)

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code);

(11)

The system shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control design and fabrication to good engineering practices shall be certified by a California-licensed mechanical, structural or civil engineer;

(12)

The system's tower-climbing apparatus and blade tips shall be no closer than fifteen feet (15') from ground level unless the system is enclosed by a six-foot high fence;

(13)

The system's utility lines shall be underground where economically practical;

(14)

Where vegetation is removed in the construction of the system or an access road to the system, landscaping shall be planted to minimize visual impacts, avoid erosion and maintain stability of soils;

(15)

The system shall be operated such that no electro-magnetic interference is caused;

(16)

No more than one (1) accessory system shall be allowed on a parcel;

(17)

Decibel levels generated by the system shall not exceed the maximum noise levels applied pursuant to the noise element of the general plan, except during short-term events including utility outages and severe wind storms;

(18)

Brand names or advertising associated with the system or the system's installation shall not be visible from any public place;

(19)

Signs warning of high voltage electricity shall be posted on stationary portions of the system's tower and any supporting structures, and at gated entry points to the site at a height of five feet (5') above the ground;

(20)

Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its preconstruction condition or other authorized use.

(Ord. No. 6046, § II(j), Exh. G, 9-10-2013)

(A)

Purpose. This section establishes performance standards for small-scale agricultural processing facilities to support agricultural production and facilitate start up operations, while ensuring neighborhood compatibility and minimizing potential for environmental impacts. Where allowed by the base zone, a small-scale agricultural processing facility may be permitted with a zoning permit when documentation is provided that all of the performance standards set forth in subsection (C) are met.

(B)

Applicability. Small-scale agricultural processing facilities shall be permitted in the agricultural and resource zones: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture) and RRD (Resource and Rural Development). Small-scale agricultural processing does not include processing operations that produce alcoholic or cannabis products or involve animal slaughter and/or meat cutting and packing. Small-scale agricultural processing does not include cottage food operations which are defined separately and are an allowed use within a primary residence. Agricultural processing operations or facilities not meeting the following performance standards may still be permitted where allowed by the base zone, subject to issuance of a use permit.

(C)

Performance Standards. Small-scale agricultural processing facilities shall comply with the following standards in addition to the requirements of the base zone and other applicable combining zones.

(1)

Minimum Parcel Size/Maximum Size Thresholds. Small-scale agricultural processing facilities up to three thousand (3,000) square feet must be located on a parcel of at least two (2) acres in size; and up to five thousand (5,000) square feet on parcels five (5) acres or greater.

(2)

Number of Facilities. No more than one (1) small-scale agricultural processing facility may be approved per contiguous ownership. Multiple facilities may be considered with a Use Permit.

(3)

Sensitive Environmental Resource Areas. A biotic study prepared by a qualified professional shall demonstrate that sensitive environmental resource areas are avoided. The study may be waived by the Director if the facility is located in a previously developed area.

(4)

Square Footage Limitations. All small-scale agricultural processing activities shall be conducted inside a building or in covered outdoor areas. The total combined square footage of all such facilities, including buildings and areas where agricultural products are processed, aged, stored, packaged, and areas were equipment is stored and washed, shall not exceed the maximum size thresholds unless a use permit is obtained.

(5)

Building Permit. Agricultural processing facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(6)

Processing Commodities. At least seventy percent (70%) of the agricultural commodities used in the processing must be grown on-site or on lands owned or leased by the operator in the County.

(7)

Customer and Site Visitor Management. Educational tours are allowed subject to building code and accessibility requirements.

(8)

Compliance with County, other Agency, and Statutory Requirements. The operator shall comply with all applicable building, plumbing, electrical, fire and hazardous material codes set forth in the County Code. The operator shall also comply with all laws and regulations applicable to the type of processing facility proposed and obtain and or comply with all permit, license, approval, inspection, reporting and operational requirement required by other local State and Federal regulatory agencies having jurisdiction over the type processing operations proposed, and shall provide copies or other agency verification to Permit and Resource Management Department to serve as verification for such compliance.

(9)

Water System. Any water supply well used for agricultural processing facilities shall conform to the applicable requirements of Chapter 25b Water Wells of the County Code. The system must meet any performance or construction standards stipulated in the operational permits and well construction permit.

(10)

Water Supply - Quality. The water supply used by the agricultural processing facility shall comply with all applicable water quality standards and monitoring requirements as required by the applicable regulatory permitting agencies. Operators shall be responsible for submitting verification of compliance from the appropriate agency.

(11)

Water Supply - Quantity. For purposes of this section, the onsite water supply shall be considered adequate if:

(i)

The proposed processing facility would not result in a net increase in water use on site; or

(ii)

The water source is in Groundwater Availability Zones 1 or 2 and is not within a groundwater basin which has an adopted groundwater management plan; or

(iii)

The water source is in Groundwater Availability Zone 3 or is within a groundwater basin covered by an adopted groundwater management plan, and a qualified professional prepares a hydrogeologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet existing and proposed uses on the site on a sustained basis, and the operation of the agricultural processing facility will not: 1) exacerbate an overdraft condition in a groundwater basin; 2) result in reduction of critical flow in nearby streams; or 3) result in well interference at offsite wells.

(12)

Groundwater Monitoring. Water wells used for agricultural processing facilities shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be calibrated at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the Permit and Resource Management Department, Project Review Division by January 31 of each year. The annual report shall show a cumulative hydrograph of static water levels and the total quarterly quantities of water pumped from well(s) used in processing.

(13)

Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted for review and approval by the Director. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards.

Where waste discharge is within the jurisdiction of a Regional Water Quality Control Board, the owner or operator shall provide the Director with documentation of Waste Discharge Requirements, or waiver thereof, and shall comply with applicable discharge and monitoring conditions.

(14)

Septic Systems. The owner shall maintain a properly functioning septic system which complies with sewage disposal regulations set forth in Chapter 24 of the County Code. The nature and quantity of the waste discharged shall not exceed the design capacity of the septic system and any existing restrictions unless a new code-conforming replacement septic system is built. Septic systems built before 1975 need additional testing in order to determine the design capacity of the system. Proper functioning and design capacity of the septic system shall be verified by a registered Civil Engineer or registered Environmental Health Specialist.

(15)

Hours of Operation. Indoor processing activities may be conducted seven (7) days a week, 24-hours per day as needed. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8:00 a.m. to 5:00 p.m., except during seasonal harvest when the hours may be extended for limited periods.

(16)

Noise Limits. Noise generation shall not exceed the General Plan noise standards

(17)

Signage. The small-scale agricultural processing facility shall be limited to one (1) non-illuminated sign not exceeding sixteen (16) square feet.

(18)

Lighting. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.

(19)

Setbacks. In addition to structural setbacks of the base zone, agricultural processing facilities shall be set back a minimum of sixty feet (60') from watering troughs, feed troughs, and buildings, pens or similar quarters where livestock or poultry congregate or are confined. Outdoor loading and activity areas must be located at least two hundred (200) feet from the outdoor activity area of any dwelling unit on an adjacent property.

(Ord. No. 6081, § VII (Exh. A), 7-29-2014)

(a)

Purpose. This section establishes standards for year-round on-farm retail sales to encourage and increase opportunities for access to healthy foods, support continued use of agricultural lands for agricultural production, improve the economic viability of farming enterprises, while retaining the rural character of agricultural areas and ensuring the potential for land use conflicts and environmental impacts are minimized.

(b)

Applicability. This section shall apply to farm retail sales of products grown on site or other lands owned or leased by the farm operator as allowed by the base zone, excluding alcoholic beverages and cannabis products. Farm retail sales do not include cottage food operations which are defined separately and are an allowed use within a primary residence.

(c)

Standards. Small-scale Farm Retail Sales facilities are permitted with a zoning permit subject to the following requirements.

(1)

Minimum parcel size. Small agricultural retail sales facilities must be located on a parcel of at least two (2) acres in size.

(2)

Maximum Size. The maximum retail area shall not exceed five hundred (500) square feet. For purposes of this standard, outdoor growing areas of U-pick and U-cut operations shall not apply to the facility size calculation.

(3)

Building Permit. Retail sales facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(4)

Onsite sales. Onsite retail sales shall be limited to whole produce, eggs, honey or value-added prepackaged foods or non-food products processed from crops grown on site or other lands owned or leased by the farm operator.

(5)

Incidental Sales. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods and promotional items not produced by the owner or operator of the agricultural enterprise.

(6)

Hours of operation. Hours of operation for retail sales facility shall be limited to 10:00 a.m. to 6:00 p.m. seven (7) days per week.

(7)

Food Safety. All food storage, handling, labeling and retailing shall comply with the California Retail Food Code and other applicable federal, state and local laws and food safety regulations and permitting requirements.

(8)

Food Sampling. Food sampling shall be limited to fresh produce and prepackaged processed foods grown on site in compliance with a retail food facility permit. No other food service is allowed.

(9)

Signage. Signs up to sixteen (16) square feet are allowed in compliance with Article 84 of this Chapter. Sign text shall be limited to the name of the agricultural enterprise, the address, and the general type of produce sold. Banners, flags or balloons or cost advertisements shall not be allowed. One (1) portable sandwich board sign is allowed on site, provided that it does not exceed nine (9) square feet per side and is removed when the facility is closed. Offsite signs are prohibited.

(10)

Incidental Agricultural Promotional Activities. Educational tours for promotion of agricultural products are allowed. Participation in farm trails and similar promotional activities is allowed.

(11)

Setbacks. Sales facilities shall meet the setbacks of the base zone and any combining zones.

(12)

Access and Off-Street Parking. Farm retail sales facilities shall be located on parcels having direct access to a publicly maintained road. A minimum of three (3) spaces is required on-site. All customer and employee parking shall be provided onsite.

(13)

Noise. Noise generation shall not exceed General Plan noise standards.

(14)

Weights and Measures. All scales used for retail sales shall be approved for commercial use and sealed by the Sonoma County Agricultural Commissioner's Office of Weights and Measures.

(15)

Right to Farm. The owner/operator of the retail sales facility shall file and record a Right to Farm Declaration pursuant to Sonoma County Code Chapter 30, Article 2.

(Ord. No. 6081, § VIII(Exh. B), 7-29-2014)

(a)

Purpose. This section provides the development and operating standards for commercial cannabis activities to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine, and provide opportunities for economic development.

(b)

Applicability. Commercial cannabis activities shall be permitted only in compliance with the requirements of Sections 26-88-250 through 26-88-256 and all other applicable requirements for the specific type of use and those of the underlying base zone.

(c)

Limitations on Use. The following limitations apply to all commercial cannabis activities.

(1)

Commercial cannabis uses for non-medical cannabis for adult use is prohibited, unless a use permit is obtained.

(2)

Commercial cannabis activities shall only be allowed in compliance with all applicable county codes, including but not limited to, grading, building, plumbing, septic, electrical, fire, hazardous materials, and public health and safety.

(3)

The permit holder shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting and operational requirements of other local, state, or other agencies having jurisdiction over the type of operation. The permit holder shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification for such compliance.

(4)

Permits for commercial cannabis activities shall only be issued where written permission from the property owner or landlord is provided.

(5)

Tasting, promotional activities, and events related to commercial cannabis activities are prohibited.

(6)

Commercial cannabis activities are prohibited from using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as determined by the fire marshall.

(d)

Permit Requirements. Commercial cannabis activities shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. No other type of commercial cannabis activities are permitted except as specified in Table 1A-D. The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the county code. Commercial cannabis activities shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services.

(e)

Term of Permit. Zoning permits for commercial cannabis activities shall be issued for a limited term not to exceed one (1) year from the date of permit approval. Use permits for commercial cannabis activities may be approved for a limited term of up to five (5) years from the date the use permit certificate is issued, after all pre-operational conditions of the use permit have been met. Limited term permits shall expire and have no further effect unless a complete application for renewal is submitted prior to the expiration date. No property interest, vested right, or entitlement to receive a future permit to conduct a commercial cannabis activity shall ever inure to the benefit of such permit holder.

(f)

Health and Safety. Commercial cannabis activity shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

(g)

Taxes. Permit holders shall comply with Sonoma County Code Section 35, the Sonoma County Cannabis Business Tax Ordinance, and any additional taxes that may be enacted by the voters or any additional regulations that may be promulgated.

(h)

Operator Qualifications. Cannabis operators must meet the following qualifications:

(1)

Cannabis operators and all employees must be at least twenty-one (21) years of age.

(2)

Cannabis operators shall be subject to background search by the California Department of Justice. Permits for commercial cannabis activities shall not be approved for operators with serious or violent felony convictions, as specified in subdivision (c) of Section 1192.7 of the Penal Code and subdivision (c) of Section 667.5 of the Penal Code.

(3)

Cannabis operators must have authority to legally bind the person applying for and/or operating pursuant to a permit.

(4)

Cannabis operators must meet the definition of a cannabis business owner.

(i)

Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

(j)

Tracking. Permit holders shall comply with any track and trace program established by the county and state agencies. Permit holders must maintain records tracking all cannabis and cannabis products and shall make all records related to commercial cannabis activity available to the county upon request.

(k)

Inspections. Premises shall be subject to inspections by appropriate local and state agencies, including but not limited to the Department of Agriculture/Weights and Measures and Permit and Resource Management Department. Premises shall be inspected at random times for conformance with the county code and permit requirements. The inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the permit holder to immediately cease operations.

(l)

Monitoring. Permit holders shall be subject to monitoring. A fee may be adopted by the board of supervisors and collected by the agency having jurisdiction or the county tax collector to pay for monitoring and enforcement.

(m)

Appeals. Appeals of any permit issuance or denial issued by the Department of Agriculture/Weights and Measures shall be subject to review and appeal procedures pursuant to Chapter 36. Appeals of any permit issuance or denial issued by PRMD shall be subject to review and appeal procedures pursuant to Chapter 26.

(n)

Exercise of Permit and Notification of Changes. Permits are issued to and held by the person engaged in commercial cannabis activity, and specific to the premises for which it was issued. A permit holder shall, at all times, have one (1) cannabis operator. Prior written notice must be provided to the agency having jurisdiction for any changes to ownership or cannabis operator, and any changes must comply with applicable code requirements. New cannabis operators shall be required to participate in an orientation and/or exam(s), as determined by the agency having jurisdiction. Permit holders shall notify the agency having jurisdiction prior to any of the following:

(1)

A new person meeting the definition of cannabis business owner of the permit holder.

(2)

Change in business entity type of the permit holder.

(3)

Change in legal business name of the permit holder.

(4)

A new person serving as operator of the permit holder.

(5)

A new property owner of the parcel on which the premises is located.

(o)

Permit Renewal. Applications for permit renewal may be administratively approved by the agency having jurisdiction only if:

(1)

The use has been conducted in accordance with this section, with the operation's approved plan, and with all applicable use permit conditions of approval;

(2)

There are no outstanding violations related to health, safety, land use, or tax; and;

(3)

The requirements of Section 26-92-040 are met.

(p)

Indemnification of County. At the time of submitting an application for a permit pursuant to Sections 26-88-250 through Section 26-88-256, the applicant, and, if different than applicant, the lawful owner(s) of the property on which applicant seeks approval to engage in any commercial cannabis activity, shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

Table 1A: Allowed Cannabis Uses and Permit Requirements for Agricultural and Resource Zones

Notes:

1 Commercial Cannabis Uses on properties with a Land Conservation (Williamson Act) Act Contract are subject to Uniform Rules for Agricultural Preserves.

2 Within existing previously developed areas, including hardscape, or legally established structures built (finaled) prior to January 1, 2016. No net increase in impervious surface.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis goods that the licensee has cultivated or manufactured.

Table 1B: Allowed Cannabis Uses and Permit Requirements for Commercial Zones

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

Table 1C: Allowed Cannabis Uses and Permit Requirements for Industrial Zones

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

2 Does not alter the already allowed uses and only formalizes the potential to request this combined state license type.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis of the licensee.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-250 to read as herein set out. Former § 26-88-250 was titled, "Commercial cannabis uses—Medical."

(a)

Enforcement.

(1)

Enforcement of Violations. A violation of Sections 26-88-250 through 26-88-258 is subject to enforcement under Chapter 1.

(2)

Enforcing Officer. The Director and the Agricultural Commissioner are authorized to enforce the provisions of Sections 26-88-250 through 26-88-258 and serve as the enforcing officer for purposes of Chapter 1.

(b)

Suspension, Revocation or Modification.

(1)

Cause for Revocation. A permit, license or approval issued under Sections 26-88-250 through 26-88-258 may be suspended, revoked, or modified by the agency having jurisdiction, if the director or the agricultural commissioner determines any of the following:

a.

Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification;

b.

The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application; or

c.

A condition or standard of the permit has not been substantially fulfilled or has been violated.

(2)

Revocation Process. A suspension, revocation, or modification action taken by the department of agriculture/weights and measures is subject to prior notice and the opportunity for an administrative hearing. A suspension, revocation, or modification action taken by the permit and resource management department is subject to review and appeal procedures pursuant to Chapter 26.

(3)

Effect of Revocation.

a.

The revocation of a cannabis permit terminates the permit and the privileges granted by the permit.

b.

The permit holder and each person who meets the definition of cannabis business owner of the permit holder cannot apply for or be issued a permit for any commercial cannabis activity for at least two (2) years.

(Ord. No. 6322, § III(Exh. B), 9-1-2020; Ord. No. 6319, § III(Exh. B), 8-18-2020; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

(a)

Purpose. This section establishes development criteria and operating standards for commercial cannabis cultivation as allowed by the base zone in compliance with Section 26-88-250, Commercial Cannabis Uses.

(b)

Applicability. This section shall apply to all commercial cannabis cultivation, including but not limited to, outdoor, indoor, and mixed light cultivation and associated drying, curing, grading, and trimming facilities including centralized processing facilities. Commercial cannabis cultivation operations shall comply with this section in addition to the requirements of Section 26-88-250, Commercial Cannabis Uses.

(c)

Permit Requirements. Commercial cannabis cultivation shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. Zoning permits for outdoor cultivation may be issued by the Department of Agriculture/Weights, and Measures. Zoning permits and use permits for all other cultivation activities shall be issued by the permit and resource management department. New structures, roads, and fences or conversion of existing structures or shipping containers, or similar structures, to cannabis cultivation shall be subject to design standards maintained by the review authority.

(d)

Limitations on Use. All cultivation shall be conducted and maintained in compliance with this section and the best management practices for cannabis cultivation issued by the agricultural commissioner. The Agricultural Commissioner shall establish and publish the applicable best management practices and shall enforce the provisions of this section for outdoor cultivation areas and management of pesticides and fertilizers for all cultivation types. Permanent structures used in cultivation shall be subject to permits issued by the permit and resource management department and other agencies having jurisdiction and shall be conducted and maintained in compliance with this code.

(e)

Multiple Permits. Multiple cultivation permit applications will be processed concurrently. Multiple cultivation permits may be issued to a single person, provided that the total combined cultivation area within the county does not exceed one (1) acre. For the purposes of this provision, the entire cultivation area of a permit shall be attributed in full to each person who meets the definition of cannabis business owner of the permit holder.

(f)

Development Criteria.

(1)

Minimum Lot Size. A minimum lot size of ten (10) acres is required for all commercial cannabis operations in the agricultural and resource zones (LIA, LEA, DA, RRD).

(2)

Multi-Tenant Operations. Multiple zoning permits may be issued on a single parcel provided that the aggregate cultivation area does not require a use permit per Table 1A-D Allowed Cannabis Uses and Permit Requirements.

(3)

Square Footage Limitations. The total combined square footage of the cultivation area shall not exceed the maximum size thresholds as defined in Table 1A-D Allowable Cannabis Uses and Permit Requirements which provides the maximum size per parcel.

(4)

Propagation and Vegetative Production Area.

a.

Vegetative and other non-flowering propagative cannabis plant material may be cultivated for on-site use, subject to land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements.

b.

Additional propagation and vegetative production area may be considered with a use permit, not to exceed twenty-five percent (25%) of the permitted cultivation area, provided this plant material is kept in a separate, unique area away from flowering plants.

(5)

Cannabis Processing. No more than nine (9) centralized cannabis processing facilities shall be permitted in agricultural zones within the unincorporated county at any one (1) time and shall be allowed to process cannabis from onsite and within the local area. All other processing is limited to on-site cultivation use only.

(6)

Property Setbacks - Outdoor. Outdoor cultivation areas and all structures associated with the cultivation shall not be located in the front yard setback area and shall be screened from public view. Outdoor cultivation areas shall not be visible from a public right of way. Outdoor cultivation areas shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties.

Outdoor cultivation sites shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(7)

Property Setbacks - Indoor. All structures used for indoor cultivation shall comply with the setbacks for the base zone and any applicable combining zone. Structures associated with cultivation shall not be located in the front yard setback area and shall be screened from public view. There shall be no exterior evidence of cultivation either within or outside the structure.

Indoor cultivation within agricultural and resource zones shall be setback a minimum of six hundred feet (600') from a school providing education to K-12 grades. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use.

(8)

Property Setbacks- Mixed Light. Mixed light structures shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties in agricultural and resource zones. Mixed Light structures in industrial zones shall be setback three hundred feet (300') from residences on surrounding properties.

Mixed light structures in all zones shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(9)

Airport Compatibility. All cannabis operations shall comply with the comprehensive airport land use plan.

(10)

Building Requirements. All structures used in commercial cultivation shall comply with all applicable sections of the county code.

(11)

Biotic Resources. Proposed cultivation operations, including all associated structures, shall require a biotic resource assessment at the time of application that demonstrates that the project is not located within, and will not impact sensitive or special status species habitat, unless a use permit is obtained. Any proposed cultivation operation, including all associated structures, located within adopted federal critical habitat areas must have either all appropriate permits from the applicable state and federal agencies with jurisdiction over the listed species, or a biotic assessment concluding that the project will not result in "take" of a protected wildlife species within the meaning of either the federal or California Endangered Species Acts.

(12)

Conversion of Timberland. Cannabis cultivation activities, including associated structures, may only be located within a non-forested area that was in existence prior to December 20, 2016, and there shall be no tree removal or timber conversions to accommodate cultivation sites, unless a use permit is obtained.

(13)

Property Setbacks - Riparian Corridor Stream Conservation Areas. Structures used for cultivation shall be located outside the Riparian Corridor Stream Conservation Areas (RC combining zone) and outside any designated Biotic Habitat area (BH combining zone). Outdoor cultivation areas shall conform to the agricultural Riparian Corridor setback set forth in Section 26-65-040. Outdoor cultivation areas shall conform to the wetland setback set forth in Section 36-16-120, unless a use permit is obtained.

(14)

Cultural and Historic Resources. Cultivation sites shall avoid impacts to significant cultural and historic resources by complying with the following standards. Sites located within a historic district shall be subject to review by the landmarks commission, unless otherwise exempt, consistent with Section 26-68-020 and shall be required to obtain a use permit. Cultivation operations involving ground disturbing activities, including but not limited to, new structures, roads, water storage, trenching for utilities, water, wastewater, or drainage systems shall be subject to design standards and referral to the Northwest Information Center and local tribes. A use permit will be required if mitigation is recommended by the cultural resource survey or local tribe.

The following minimum standards shall apply to cultivation permits involving ground disturbance. All grading and building permits shall include the following notes on the plans:

If paleontological resources or prehistoric, historic-period or tribal cultural resources are encountered during ground-disturbing work at the project location, all work in the immediate vicinity shall be halted and the operator must immediately notify the agency having jurisdiction of the find. The operator shall be responsible for the cost to have a qualified paleontologist, archaeologist and tribal cultural resource specialist under contract to evaluate the find and make recommendations in a report to the agency having jurisdiction.

Paleontological resources include fossils of animals, plants or other organisms. Historic-period resources include backfilled privies, wells, and refuse pits; concrete, stone, or wood structural elements or foundations; and concentrations of metal, glass, and ceramic refuse. Prehistoric and tribal cultural resources include obsidian and chert flaked-stone tools (e.g., projectile points, knives, choppers), midden (culturally darkened soil containing heat-affected rock, artifacts, animal bone, or shellfish remains), stone milling equipment, such as mortars and pestles, and certain sites features, places, cultural landscapes, sacred places and objects with cultural value to a California Native American tribe.

If human remains are encountered, work in the immediate vicinity will stop and the operator shall notify the agency having jurisdiction and the Sonoma County Coroner immediately. At the same time, the operator shall be responsible for the cost to have a qualified archaeologist under contract to evaluate the discovery. If the human remains are determined to be of Native American origin, the Coroner must notify the Native American Heritage Commission within twenty-four (24) hours of this identification.

(15)

Farmland Protection. Where a commercial cultivation site is located within an agricultural zone (LIA, LEA, DA), the operation shall be consistent with General Plan Policy AR-4a. Indoor and mixed light cultivation facilities shall not remove agricultural production within important farmlands, including prime, unique and farmlands of statewide importance as designated by the state farmland mapping and monitoring program, but may offset by relocating agricultural production on a 1:1 ratio.

If the premises is located on a site under a Land Conservation Act (Williamson Act) contract, the use must comply with the Land Conservation Act contract, any applicable land conservation plan, and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones, including provisions governing the type and extent of compatible uses listed therein.

(16)

Fire Code Requirements. The applicant shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain any permits required from the fire and emergency services department. The fire prevention plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and fire break maintenance around all structures.

(17)

Grading and Access. Cultivation sites shall be prohibited on natural slopes steeper than fifteen percent (15%), as defined by Section 11-22-020, unless a use permit is obtained. Grading shall be subject to a grading permit in compliance with Chapter 11 of the county code.

(18)

Hazardous Materials Sites. No commercial cannabis activity shall be sited on a parcel listed as a hazardous materials site compiled pursuant to Government Code Section 65962.5, unless a use permit is obtained.

(19)

Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(20)

Runoff and Stormwater Control. Runoff containing sediment or other waste or by-products shall not be allowed to drain to the storm drain system, waterways, or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a storm water management plan and an erosion and sediment control plan, approved by the agency having jurisdiction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures pursuant to Chapter 11 of the county code. All cultivation operators shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion control and management of fertilizers and pesticides.

(21)

Security and Fencing. A site security plan shall be required. All site security plans shall be held in a confidential file, exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Security cameras shall be motion-sensor and be installed with capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels. Surveillance video shall be kept for a minimum of thirty (30) days. Video must use standard industry format to support criminal investigations. Lighting and alarms shall be installed to insure the safety of persons and to protect the premises from theft. All outdoor and mixed light cultivation sites shall be screened by non-invasive fire resistant vegetation and fenced with locking gates with a Knox lock. No outdoor or mixed light cultivation sites located on parcels adjacent to public parks shall be visible from trails or public access points. Razor wire and similar fencing shall not be permitted. Weapons and firearms at the cultivation site are prohibited. Security measures shall be designed to ensure emergency access in compliance with fire safe standards. All structures used for cultivation shall have locking doors to prevent free access.

(g)

Operating Standards.

(1)

Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by agencies having jurisdiction. The inspection shall be conducted during regular business hours.

(2)

Air Quality and Odor. All indoor and mixed light cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. All cultivation sites shall utilize dust control measures on access roads and all ground disturbing activities.

(3)

Energy Use. Electrical power for indoor cultivation, mixed light operations, and processing including but not limited to illumination, heating, cooling, and ventilation, shall be provided by any combination of the following: (i) on-grid power with one hundred percent (100%) renewable source; (ii) on-site zero net energy renewable source; or (iii) purchase of carbon offsets of any portion of power not from renewable sources. The use of generators for indoor and mixed light cultivation is prohibited, except for portable temporary use in emergencies only.

(4)

Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, above ground storage tanks, and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the fire prevention division, certified unified program agency (CUPA) of Sonoma County Fire and Emergency Services Department, or agricultural commissioner.

(5)

Hours of Operation. Outdoor harvesting activities and indoor or mixed light cultivation and processing activities may be conducted seven (7) days a week, twenty-four (24) hours per day as needed. Deliveries and shipping, and outdoor processing activities, shall be limited to the hours from 8:00 a.m. to 5:00 p.m., unless a use permit is obtained.

(6)

Noise Limits. Cultivation activities shall not exceed the general plan noise standards Table NE-2, measured in accordance with the Sonoma County noise guidelines.

(7)

Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California Agricultural Employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA, and the California Agricultural Labor Relations Act.

(8)

Waste Management. A waste management plan addressing the storing, handling, and disposing of all waste by-products of the cultivation and processing activities in compliance with the best management practices issued by the agricultural commissioner shall be submitted for review and approval by the agency having jurisdiction. The plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in compliance with best management practices and county standards. All garbage and refuse on the site shall be accumulated or stored in non-absorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on the site shall not be accumulated or stored for more than seven (7) calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste local enforcement agency. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access from the public.

(9)

Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic wastewater anticipated, as well as disposal. All cultivation operations shall comply with the best management practices issued by the agricultural commissioner and shall submit verification of compliance with the waste discharge requirements of the state water resource control board, or waiver thereof. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, graywater or bio-retention treatment systems. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.

(10)

Water Source. An on-site water supply source adequate to meet all on site uses on a sustainable basis shall be provided. Water use includes, but may not be limited to, irrigation water, and a permanent potable water supply for all employees. Trucked water shall not be allowed, except as provided below and for emergencies requiring immediate action as determined by the director. The onsite water supply shall be considered adequate with documentation of any one (1) of the following sources:

a.

Municipal Water: A municipal water supplier as defined in California Water Code Section 13575. The applicant shall provide documentation from the municipal water source that adequate supplies are available to serve the proposed use.

b.

Recycled Water: The use of recycled process wastewater or captured rainwater from an onsite use or connection to a municipal recycled water supply for non-potable use, provided that an adequate on-site water supply is available for employees and other uses.

c.

Surface Water: An existing legal water right and, if applicable, a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife.

d.

Groundwater Well:

1.

The site is located in Groundwater Availability Zone 1 or 2, and not within an area for which a groundwater management plan has been adopted or within a high or medium priority basin as defined by the state department of water resources; or

2.

Within Groundwater Availability Zone 3 or 4, or an area for which a groundwater management plan has been adopted or designated high or medium priority basin, the proposed use would:

a.

The proposed use would not result in a net increase in water use on site through implementation of water conservation measures, rainwater catchment or recycled water reuse system, water recharge project, or participation in a local groundwater management project; or

b.

Trucked recycled water may be considered for the cultivation area with a use permit, provided that adequate on-site water supplies are available for employees and other uses; or

c.

A qualified professional prepares a hydro-geologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet the proposed uses and cumulative projected land uses in the area on a sustained basis, and that the operation will not:

1.

result in or exacerbate an overdraft condition in basin or aquifer;

2.

result in reduction of critical flow in nearby streams; or

3.

result in well interference at offsite wells.

(11)

Groundwater Monitoring: Water wells used for cultivation shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be maintained in a calibrated state and documentation shall be submitted to the permit and resource management department at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the permit and resource management department by January 31 of each year. The annual report shall include water meter readings, the total quarterly quantities of water pumped from well(s) used in processing, and static water levels.

(12)

Groundwater Monitoring Easement: Prior to the issuance of any permit for commercial cannabis cultivation pursuant to this chapter, an easement is required to be recorded to provide Sonoma County personnel access to any on-site water well serving the proposed use and any required monitoring well to collect water meter readings and groundwater level measurements. Access shall be granted for this purpose Monday through Friday from 8:00 a.m. to 5:00 p.m. Easements conveyed to the county under this section shall be signed and accepted by either the director of permit and resource management or the agricultural commissioner. All easement language is subject to review and approval by the agency having jurisdiction and county counsel prior to recordation.

(Ord. No. 6436, § II, 6-6-2023; Ord. No. 6356, § II, 10-26-2021; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-254 to read as herein set out. Former § 26-88-254 was titled, "Cannabis cultivation—Commercial medical."

(a)

Purpose. This section provides the location and operational standards for any cannabis dispensary within the unincorporated county in order to promote the health, safety, and general welfare of its residents and businesses.

(b)

Applicability. Cannabis dispensaries shall be permitted only in compliance with the requirements of this section, the requirements of Section 26-88-250, and all other applicable requirements of the underlying zoning district.

(c)

Permit Requirements. A use permit issued in compliance with Sections 26-92-070 and 26-92-080 shall be required for any cannabis dispensary. Cannabis dispensaries shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services. Cannabis dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

(d)

Limit on Number of Dispensaries. No more than nine (9) cannabis dispensaries shall be permitted within the unincorporated county at any one (1) time.

(e)

Compliance with Operating Plan and Conditions Required. A cannabis dispensary shall submit, as a part of the use permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, number of customers, hours and days of operation allowed and approved. The operating plan shall provide that the dispensary shall require, at a minimum, a photo identification for any person entering the site, as well as a doctor's written recommendation in compliance with state law, if applicable. Any cannabis dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the dispensary is consistent with protection of the health, safety and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

(f)

Location Requirements. Property setbacks for cannabis dispensaries shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis dispensary.

(1)

A cannabis dispensary shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet (100') of a residential zoning district.

(2)

A cannabis dispensary shall not be established within one thousand feet (1,000') of any other cannabis dispensary or a public park, nor within five hundred feet (500') from a smoke shop or similar facility.

(3)

A cannabis dispensary shall not be established within one thousand feet (1,000') from a school providing education to K-12 grades, childcare center, or drug or alcohol treatment facility.

(4)

Notwithstanding, the subsections (f)(1) and (2) may be waived by the review authority when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur.

(5)

A cannabis dispensary proposed within the sphere of influence of a city will be referred to the appropriate city for consultation.

(g)

Operating Standards. The following are the minimum development criteria and operational standards applicable to any cannabis dispensary use:

(1)

The building in which the dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements;

(2)

The dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan. The security plan shall remain confidential.

(3)

The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to design review committee review and approval. The planning director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting and landscaping, already meet the requirements of this section;

(4)

No exterior signage or symbols shall be displayed which advertises the availability of cannabis, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior;

(5)

If the dispensary denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the dispensary may be closed. Customer access to the premises shall be limited to individuals who are at least twenty one (21) years of age and individuals who are least eighteen (18) years of age with a valid doctor's recommendation. All individuals entering the site shall present a photo identification and shall establish proof of doctor's recommendation, if applicable, except as representing a regulatory agency. The operating plan submitted as a part of the use permit application shall specify how this provision will be complied with and enforced;

(6)

No dispensary shall hold or maintain a license from the state department of alcoholic beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises;

(7)

An exhaust and ventilation system shall be utilized to prevent off-site odors;

(8)

No dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the use permit. A dispensary may sell live starter plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis. A dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the department of health services. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods for personal cultivation but shall not include clothing, posters, or other promotional items;

(9)

No cannabis shall be consumed on the premises;

(10)

No dispensary may increase in size without amending the use permit. The size limitation shall be included in the operational plan required by Section 26-88-256(e), of this section;

(11)

Parking must meet the requirements of Section 26-86-010.

(12)

Operating days and hours shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m., including deliveries, or as otherwise allowed by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

(13)

Cannabis delivery services may only be allowed with a dispensary use permit.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(F)(Exh. A-3), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-256 to read as herein set out. Former § 26-88-256 was titled, "Medical cannabis dispensary uses."

(a)

Purpose. This section establishes development criteria and operating standards for personal cannabis cultivation for medical or adult use.

(b)

Cultivation of cannabis for personal use shall be subject to the following standards and limitations as allowed in the base zone. These standards shall apply to all types of cannabis cultivation (indoor, outdoor, and mixed light) unless otherwise specified.

(1)

Residency Requirement. Cultivation of cannabis for personal use is limited to parcels with a residence and a full-time resident on the premises where the cultivation is occurring.

(2)

Maximum Personal Cultivation. Cultivation of cannabis for personal use is limited to no more than one hundred (100) square feet per residence, of which up to six (6) plants can be cultivated for adult use purposes.

(3)

Outdoor Personal Cultivation. Cannabis plants shall not be located in front and side yard setback areas and shall not be visible from a public right of way. Outdoor cannabis cultivation is prohibited on parcels with multi-family units or in the medium and high density residential zones (R2 and R3).

(4)

Indoor and Mixed-Light Personal Cultivation.

a.

Indoor and mixed light personal cultivation must be contained within an enclosed accessory structure, greenhouse, or garage. Cultivation within a structure approved for residential use as set forth in Chapter 7 of the county code is prohibited, unless there is no other feasible alternative location.

b.

Light systems shall be fully shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure.

(5)

Personal Cultivation Structures. All structures used for cultivation shall comply with the following:

a.

All structures (including greenhouses) used for cultivation must be legally constructed with all applicable permits such as grading, building, electrical, mechanical and plumbing.

b.

All structures associated with the cultivation shall not be located in the front yard setback area and shall adhere to the setbacks stated within the base zone. There shall be no exterior evidence of cannabis cultivation. Greenhouses shall be screened from the public right of way.

c.

All structures used for cultivation shall have locking doors or gates to prevent free access. All cultivation structures shall be equipped with odor control filtration and ventilation systems adequate to prevent odor, humidity, or mold.

d.

The use of generators is prohibited, except as emergency back-up systems.

(6)

All cultivation shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion and sediment control and management of fertilizers and pesticides.

a.

Individuals are prohibited from cannabis manufacturing using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as determined by the fire marshall.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(H)(Exh. A-4), 12-20-2016)