Article IX. - RR—Rural Residential District.

To preserve the rural character and amenities of those lands best utilized for low density residential development pursuant to Section 2.2.2 of the general plan. Rural residential uses are intended to take precedence over permitted agricultural uses, but the district does not allow agricultural service uses. The rural residential district may also be applied to lands in other land use categories where it is desirable to use zoning to limit development.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-90. - Permitted uses, subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan, in which case a use permit is required. Only those uses permitted in (a) and (b) are considered principal permitted uses. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

(a)

Principal uses:

(1)

One single family dwelling unit on permanent foundation per lot;

(2)

One (1) second dwelling unit per lot, pursuant to section 26C-325.1, provided that the water supply for the second dwelling unit is proposed to be located within a designated class 1 or 2 groundwater area. Second dwelling units may be established within designated class 3 water areas only where the domestic water source is located on the subject parcel, or a mutual water source is available; and groundwater yield is sufficient for the existing and proposed use, pursuant to section 7-12 of this code. Second dwelling units may be established within designated class 4 water areas only where a hydro-geologic report, as defined, certifies that the establishment and continuation of the second dwelling unit use will not have significant adverse impacts on local groundwater availability or yield. Approval of any such second dwelling unit is appealable to the coastal commission pursuant to public resources code section 30603.

(b)

Agricultural uses:

(1)

Raising, feeding, maintaining and breeding of not more than one of the following per twenty thousand (20,000) square feet of area. If the subject parcel is at least five (5) acres, additional animals may be approved by use permit pursuant to Section 26C-91:

Five (5) hogs or pigs;

One (1) horse, mule, cow, or steer;

Five (5) goats, sheep, or similar animals;

Fifty (50) chickens or similar fowl;

Fifty (50) ducks or geese or one hundred (100) rabbits or similar animals.

4-H and FFA animal husbandry projects are permitted without limitation of parcel size, provided that the parcel contains at least twenty thousand (20,000) square feet and provided further a letter of project authorization is first submitted by the project advisor. The director of the permit and resource management department may require the applicant to obtain a use permit when the director determines that the project might be detrimental to surrounding uses.

(2)

The outdoor growing and harvesting of shrubs, plants, trees, flowers, vines, fruits, vegetables, hay, grain and similar food and fiber crops. Except as noted below, agricultural cultivation shall not be permitted in the following areas:

Within one hundred feet (100′) of the top of the bank in the "Russian River Riparian Corridor."

Within fifty feet (50′) of the top of the bank in designated "flatland riparian corridors."

Within twenty-five (25′) of the top of the bank in designated "upland riparian corridors."

Agricultural cultivation may be allowed in subsections a. through c. above upon approval of a management plan which includes appropriate mitigations for potential erosion, bank stabilization, and biotic impacts. This plan may be approved by the director of the permit and resource management department or by use permit pursuant to Section 26C-91(c)(3).

(3)

The indoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops, provided that the greenhouse or similar structure for indoor growing is less than five hundred (500) square feet.

(4)

Beekeeping.

(c)

Other uses:

(1)

One guest house per lot.

(2)

Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331.

(3)

Small family day care.

(4)

Large family day care provided that the applicant shall meet all performance standards listed in Section 26C325.3.

(5)

Home occupations.

(6)

Small residential community care facility.

(7)

Craft sales and garage sales not exceeding two (2) sales days per calendar year provided that prior notification is given to the California Highway Patrol and that adequate off street parking is provided.

(8)

Accessory buildings, and uses appurtenant to the operation of the permitted uses. Accessory buildings may be constructed on vacant parcels of two (2) acres or more in advance of a primary permitted use. On vacant parcels less than two (2) acres, accessory buildings may only be constructed if less than one hundred twenty (120) square feet or as incidental to an existing agricultural use.

(9)

Attached commercial telecommunication facilities which meet the applicable criteria set forth in Section 26C-325.7.

(10)

Minor free-standing commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26C-325.7, and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.

(11)

Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26C-325.7. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.

(12)

Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26C-325.8.

(d)

Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-90.

(Ord. No. 5829 § II, 2009; Ord. No. 5436 § 2(p), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5362 § 2(h), 2002; Ord. No. 5343 § 4, 2002; Ord. No. 5318 § 1, 2001.)

Sec. 26C-91. - Uses requiring a use permit.

(a)

Sensitive Area Uses:

(1)

Permitted uses listed in Section 26C-90, when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(2)

Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(b)

Residential Uses:

(1)

Additional single family detached dwelling units on permanent foundation in accordance with residential density shown in the general plan land use element or that density permitted by a B combining district, whichever is more restrictive. Development shall comply with general plan policies.

(2)

Planned developments, and condominiums. Densities will be permitted in accordance with the densities shown in the General Plan land use element or a B combining district whichever is more restrictive, also considering that which could be accommodated following conventional subdivision design, acknowledging topographical variations and permitted conventional lot areas. Compatibility with adjacent development, unique characteristics, innovation and the provision of amenities will be the primary criteria utilized in evaluating such development. The lot size, setback and coverage requirements of Section 26C-92 shall not apply to planned developments or condominiums.

(c)

Agricultural Uses:

(1)

Raising, feeding, maintaining, and breeding of animals in excess of the limits set forth in Section 26C-90(b)(1), provided that the subject parcel is at least five (5) acres in size.

(2)

One stand for the sale of agricultural products grown on the site, subject to design review approval.

(3)

Agricultural cultivation in the following areas, for which a management plan has not been approved by the director of the permit and resource management department pursuant to Section 26C-90(b)(2):

Within one hundred feet (100′) of the top of the bank in the "Russian River Riparian Corridor."

Within fifty feet (50′) of the top of the bank in designated "flatland riparian corridors."

Within twenty-five feet (25′) of the top of the bank in designated "upland riparian corridors."

(4)

Kennels for dogs or cats with boarding for breeding only.

(d)

Other Uses:

(1)

Swimming clubs, tennis clubs, noncommercial clubs and lodges, and golf courses, but not miniature golf courses (only if located in Bodega Bay or Valley Ford).

(2)

Driving ranges, provided that they shall not be operated during night time hours and that associated facilities include only those necessary to serve the driving range use, such as equipment rental and snack bar and not restaurants, retail sales, and similar facilities.

(3)

Public schools, subject, at a minimum, to the criteria of General Plan Policy LU-6e, and which are located in Bodega Bay or Valley Ford.

(4)

Art, craft, music, and dancing schools, business, or trade schools, public playgrounds, parks, community centers, libraries, museums, and similar uses which are located in Bodega Bay or Valley Ford, and which serve no more than the residential community in which they are located and which do not adversely affect the various agricultural communities within Sonoma County.

(5)

Private nursery, primary or secondary schools and churches which are located in Bodega Bay or Valley Ford and which are subject, at a minimum, to the criteria of General Plan Policy LU-6f.

(6)

Cemeteries, mausoleums, columbariums, and crematoriums.

(7)

Minor public utility buildings and public service or utility uses (transmission distribution lines and telecommunications facilities excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2s and which are not otherwise exempt by state law.

(8)

Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.

(9)

Large residential community care facility (only if located in Bodega Bay or Valley Ford).

(10)

One bed and breakfast inn, of five or fewer rooms per definition, on parcels of at least one (1) acre, subject to design review, Article XXIX and/or landmarks commission, Article 24, and provided the parcel is serviced by both sewer and water. No restaurant is permitted, food service is limited to breakfast served to inn guests only, and all public health requirements must be met. No accessory structures shall be used for rental occupancy. A bed and breakfast inn shall have an owner and/or operator in residence within the structure.

(11)

Day care center.

(12)

Art studios and arts and crafts centers not involving retail or wholesale sales. A use permit for such uses may be granted only when the use is conducted within an existing abandoned agricultural building feasible for such use.

(13)

Craft sales and garage sales involving three (3) or four (4) sales days per year.

(14)

Intermediate and major free-standing commercial telecommunications facilities subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(15)

Noncommercial telecommunications facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(16)

Minor timberland conversions on parcels of five (5) acres or more, subject to compliance with the requirements of Section 26C-327.

(17)

Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26C-325.8.

(e)

Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-91.

(Ord. No. 5436 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5362 § 2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5318 § 1, 2001.)

Sec. 26C-92. - Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article, the applicable regulations of this ordinance and the provisions of any district which is combined herewith. Policies and criteria of the general plan and coastal plan shall supersede the standards herein. Development shall comply with coastal plan policies.

(a)

Residential density shall be between one (1) and twenty (20) acres per dwelling unit as shown in the general plan land use element or permitted by a B combining district, whichever is more restrictive.

(b)

Minimum lot size: On lands designated "Urban Residential" on the General Plan land use map, minimum lot size shall be twenty thousand (20,000) square feet. On lands designated "rural residential" on the general plan land use map, minimum lot size shall be one point five (1.5) acres unless public water serves the lot, in which case the minimum shall be one (1) acre.

(c)

Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

(1)

West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet (24′).

(2)

Bodega Bay Core Area residential: Sixteen feet (16′) height limit except that in major developments up to fifteen percent (15%) of the units may exceed the height limit.

(3)

East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16′). The Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection (7) below.

(4)

East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24′).

(5)

East of Highway 1 and are not visible from designated scenic roads: Thirty-five feet (35′).

(6)

Agricultural structures: Thirty-five feet (35′); however, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.

(7)

Maximum height for telecommunication facilities is subject to the provisions of this Article and Section 26C-325.7.

(8)

An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′) feet, may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16′) feet above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the appropriate review body finds that the structure is no higher than twenty four feet (24′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan, for those properties listed, the requirements of Appendix B shall be followed.

(9)

A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(d)

Minimum lot width: The minimum average lot width required within each lot is eighty feet (80′).

(e)

Maximum lot coverage: Thirty-five percent (35%). Lot coverage may be waived by the director of the permit and resource management department for greenhouses and swimming pools.

(f)

Yard requirements: The following shall apply except that if the subject property adjoins land which is zoned AR or is designated as agricultural land, the use is subject to the requirements of Section 26-323(f).

(1)

Front yard: Not less than thirty feet (30′) provided, however, that no structure shall be located closer than fifty-five feet (55′) to the centerline of any public road, street, or highway.

(2)

Side yard: Minimum ten feet (10′).

(3)

Rear yard: Twenty feet (20′) minimum.

(4)

Watering troughs, feed troughs accessory buildings and runs used for the housing or maintenance of kennel animals shall be located at least fifty (50) feet from the front property line, twenty feet (20′) from any side or rear property line, and thirty feet (30′) from any dwelling on the adjacent property.

(5)

No garage or carport opening facing the street shall be located less than twenty feet (20′) from any exterior property line, except that where twenty-five percent (25%) or more of the lots on any block or portion thereof in the same zoning district have been improved with garages or carports, the required front yard may be reduced to a depth equal to the average of the front yards of the such garages or carports. However, in no case shall the front yards be reduced to less than ten feet. Further, the director of the permit and resource management department may require a use permit of the reduction might result in a traffic hazard.

(6)

Notwithstanding the above, if a residence is elevated to meet flood requirements, the space underneath the structure may be utilized for a garage or carport if it will meet building codes, even if the ten foot (10′) to twenty foot (20′) setback cannot be met, subject to approval of administrative design review.

(7)

Cornices, eaves, canopies, bay windows, fireplaces, other cantilevered portions of structures, and similar architectural features may extend two feet (2′) into any required yard. The maximum length of the projections shall not occupy more than __ of the total length of the wall on which it is located. Uncovered porches, fire escapes, or landing places may extend six feet (6′) into any required front or rear yard and three feet (3′) into any required side yard.

(8)

Where twenty-five percent (25%) or more of the lots on any one block or portion thereof in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots, subject to the limitations of Section 26C-92(f)(5).

(9)

Accessory building(s) may be constructed within the required yards on the rear half of the lot, provided that such building(s) shall not occupy more than thirty percent (30%) of the width of any rear yard. Such accessory building(s) shall not be located closer than ten feet (10′) to the main buildings on adjacent lots. Notwithstanding the foregoing, swimming pools may occupy more than thirty percent (30%) of the width of any rear yard. A minimum of three feet (3′) shall be maintained between the wall of a pool and the rear and side property lines, and from the main building on the same lot. Conventional pool accessory equipment (pump, filters, etc.) shall be exempt from setback restrictions. Additional setbacks may be required under the uniform building code.

(10)

Additional setbacks may be required within a sensitive area, riparian corridor, scenic corridor, critical habitat area, or unique feature, designated in the general plan or coastal plan.

(g)

Parking requirements:

(1)

On-site parking shall be provided for a minimum of two (2) vehicles for each dwelling unit.

(2)

On-site parking shall be screened from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.

(3)

On-site parking shall not block emergency vehicle access ways or turnarounds.

(h)

Environmental and hazards requirements.

(1)

Environmental protection and hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation," "sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.

(2)

All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards and policies shall apply. Development shall comply with Coastal Plan policies.

(3)

No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.

(i)

Access dedication.

(1)

Each permit must conform to Chapter V access provisions of the coastal plan. An offer of dedication is required if an access way is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each access way and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no access way is shown in the access plan.

(2)

Two types of access may be required: Lateral and/or vertical.

Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide access way should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated easement be required to be closer than ten feet (10′) to a residential structure.

Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements of improvements.

(j)

Design requirements:

(1)

All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently approved area design guidelines.

(2)

Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.

(3)

New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environmental effect than an overhead line.

(Ord. No. 5318 § 1, 2001.)