Chapter 17.04 — DEFINITIONS

The purpose of this chapter is to ensure precision and consistency in interpretation of this title. The meaning and construction of words and phrases defined in this chapter applies throughout this title, except where the context of such words or phrases clearly indicates a different meaning or construction. Refer to Title 24, California Building Standards Code, Parts II, III, IV, and V, and any ordinance of the city of Rohnert Park's Municipal Code, Title 15, for more complete definitions. If any of these definitions are in conflict with the provisions of Title 24 of the State of California Building Code, then the provisions of Title 24 shall govern. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

The following rules of construction shall apply:

A.

The specific shall control the general.

B.

The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.

C.

In the case of difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

D.

Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items or provisions shall apply.

2.

"Or" indicates that all connected items or provisions may apply singly or in any combination.

3.

"Either … or" indicates that the connected items or provisions shall apply singly but not in combination.

F.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

G.

All references to departments, commissions, boards or other public agencies pertain to those of the city of Rohnert Park, unless otherwise indicated.

H.

All references to public officials pertain to those of the city of Rohnert Park and include designated deputies of such officials, unless otherwise indicated.

I.

All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

J.

Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

Where terms, phrases and words are not defined below, they shall have their ordinary accepted meanings within the context which they are used. Random House Webster's College Dictionary, copyright 2000 by Random House Inc. shall be considered as providing ordinarily accepted meanings.

"Abutting (Adjacent) lots or parcels" means two or more lots or parcels of land having a common border or being separated from such a common border by a right-of-way, alley or easement. Parcels having no common boundary other than a corner shall not be considered abutting.

"Access driveway" means a driveway that provides access into and through a parking area from a street access point, provides access to the parking aisles, or provides interior circulation among parking areas.

"Accessory building or use" means a building or use which is clearly incidental or subordinate to and serves the principal building or use located on the same lot. Portable storage sheds less than six feet in height and twelve square feet in floor area and prefabricated open play structures are excluded.

"Accessory dwelling unit (ADU)" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory dwelling unit, junior (JADU)" or "junior accessory dwelling unit (JADU)" means a residential unit that is no more than five hundred feet in area contained entirely within a single-family residence, which includes either separate or shared sanitation facilities with the residence.

"Acre, gross" means the total land area within the legal lines of a property (that is, including all existing streets and other rights-of-way, but excluding areas subject to physical or environmental constraints, as well as areas dedicated for creekside/greenway or habitat protection except as may be provided for the Rohnert Park general plan. All new public or private rights-of-way created as part of a given development are not excluded in determining the gross acreage of that development.

"Addition" means an extension or increase in floor area or height of a building or structure.

"Administrative office": See "Professional office."

"Administrative review" means permit/project review, approval or disapproval by the planning and community development director or his/her designee.

"Adult business": See Chapter 8.37.

"Alley" means a public or private permanently reserved thoroughfare less than sixteen feet but not less than ten feet in width, other than side street, which has been dedicated or deeded to the public for public use as a secondary means of access to abutting properties.

"Alteration" means any change, addition or modification in construction or occupancy of an existing structure or use.

"Alteration, structural": See "Structural alteration."

"Amendment" means a change in the wording, context or substance of the zoning ordinance, or a change in the district boundaries on the zoning map.

"Amusement center" means any commercial activity, whether conducted intermittently or full-time, which is primarily used for physical recreation or entertainment. The phrase "amusement center" includes any bowling alley, dance hall, arcade, shooting gallery, miniature golf, golf driving ranges, cyber cafes, and any similar commercial activity.

"Animal, domestic": See "Domestic animals."

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; may include the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.

"Arcade" means an area with coin-operated games. See also "Amusement center."

"Attached structure" means any structure that has an interior wall or roof in common with another structure.

"Automobile" means any self-propelled, motorized vehicle used, intended to be used, or (originally) designed to be used for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. As used in this chapter, "automobile" includes motorcycles and light trucks with a capacity rating not exceeding one ton, and any (travel) trailer (designed to) which can be towed by any of the above-described vehicles.

"Automobile body repair" means a business operated in a building or part thereof where repairs, alterations or replacements are made to automobile and truck bodies and related components. Typically, these activities include welding, frame straightening or painting, as well as minimal trim work (e.g., installation or replacement of mirrors, upholstery, decorative trim or striping).

"Automobile parts sales" means a business operated in a building where parts for automobiles from sources off-site are sold.

"Automobile repair" means a business operated in a building or part thereof where automobiles are repaired or reconditioned. Such repair shall be limited to mechanical and electronic systems only. Painting (which requires a spray booth), repair or alterations to automobile body parts or frame shall not be allowed. Minimal trim work (e.g., installation or replacement of mirrors, upholstery, decorative trim or striping) is allowed. Vehicles being repaired may be retained for more than twenty-four hours but not longer than thirty days.

"Automobile sales" means a business engaged in the sale of used or new automobiles. Automobile repair may be permitted on the premises as an ancillary activity.

"Automobile service station" means any business or premises engaged in the sale of gasoline and other fuels and/or light maintenance activities such as engine tune-up, lubrication and minor repairs. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body fender work or storage for more than a twenty-four-hour period are conducted.

station" means any business or premises engaged in the sale of gasoline and other fuels and/or light maintenance activities such as engine tune-up, lubrication and minor repairs. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body fender work or storage for more than a twenty-four-hour period are conducted.

"Automobile storage" means the storage of a motor vehicle for a period in excess of twenty-four hours without repairs or maintenance being required.

"Automobile wrecking/salvage" means the removal of part(s) from an automobile and/or retention of said automobile from which part(s) have been removed for the purpose of reuse, sale or disposal; and/or the dumping of dismantled or wrecked automobiles or their parts. This business is normally conducted in the non-building space of the premises and there are present at least two or more automobiles or parts that have been retained for a period longer than twenty-four hours.

"Awning" means a roof-like cover that is attached to and projects from the wall of building for the purpose of shielding from the elements.

"Balcony" means a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

"Banks/savings and loan/credit unions" means financial institutions, including federally-chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. "Banks/savings and loan/credit unions" includes only those institutions engaged in the on-site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity,

including credit unions. "Banks/savings and loan/credit unions" specifically excludes pawn shops, check cashing stores, payday loan establishments, and car title loan establishments.

"Bar" means any business wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a business wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than twenty-five percent of the gross receipts.

"Base density" means the number of dwelling units permitted before any density bonus credit is applied.

"Basement" means any floor level below the first story in a building and at least four feet below grade, as defined in the building code, for at least fifty percent of the total perimeter.

"Bath house/spa" means a business which engages in providing sauna baths, water baths, showers, steam rooms or steam baths, or any other body cleansing and toning arrangement wherein an attendant accompanies the customer into the room or facility.

"Bed and breakfast inn" means a transient lodging establishment with no more than five rooms, unless more approved in accordance with Section 17.07.040, Bed and breakfast inn, for rent primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law.

"Boarding house" means a structure where lodging and meals for seven or more boarders is provided for compensation. Definition includes fraternities, sororities, and rooming houses, etc.

"Building" means any structure having a roof supported by columns or walls.

"Building Code" means California Building Standards Code, Parts II, III, IV and V, and any ordinance of the city of Rohnert Park's Municipal Code, Title 15, governing the type and method of construction of buildings, signs, and sign structures and including adopted model codes and any amendments to the California Building Standards Code.

"Building coverage": See "Lot coverage."

"Building envelope" means the area of a lot or parcel of real property within which main structures must be confined, except fencing, driveways, and accessory buildings.

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"Building frontage" means the linear dimension, parallel to the ground, of that side of a building facing on a public street.

"Building height" means the vertical distance from the finished grade to the highest point of the structure, excluding chimneys and vents.

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"Building site" means a legally created parcel or several contiguous parcels of land in single or joint ownership, which provide the area and the open spaces required by this title, exclusive of all vehicular and pedestrian public rights-of-way.

"By-right use" means a use that does not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, excepting (a) any subdivision, which shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act, and (b) design review, provided that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

"Car title loan establishment" means any business that engages in providing short-term loans in which the borrower's car title is used as collateral. The borrower must be the lien holder (i.e., own the car outright).

"Carport" means a permanent roofed structure completely open on two or more sides to be used for vehicle parking.

"CC&Rs" means covenants, conditions, and restrictions as recorded as a deed restriction running with the land and binding upon subsequent owners of the property.

"Cemetery" means land used or intended to be used primarily for the burial of deceased persons or animals and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

"Check cashing store" means any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary service is that of a check casher, as defined by Section 1789.31 of the California Civil Code, as may be amended from time to time.

"Clubs and lodges" means permanent headquarters and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations, political organizations, civic, social, and fraternal organizations, professional membership organizations, labor unions and similar organizations, or other membership organizations.

"Commercial filming studio" means an enterprise engaged in the production, distribution or exchange of motion picture photography at the same location more than six days per quarter of a calendar year.

"Commission/planning commission" means the planning commission of the city of Rohnert Park.

"Common area" means a parcel or parcels of land, together with the improvements thereon, which are shared by several owners in common.

"Common open space": See "Open space, common."

"Community center" means an area developed, or to be developed separately or with any of the following public buildings or uses: offices, libraries, playgrounds, parks, assembly halls, police stations, swimming pools and fire stations.

"Conditional use" means a use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, unusual site development features or operating characteristics, and/or intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure that the use is

designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. The planning commission shall have responsibility for the review of conditional uses.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a commercial or residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such project.

"Condo conversion" means the change in a development's status from existing multifamily rental housing units to private ownership of lot or air space. This term applies to commercial and industrial properties as well as where ownership of ground or airspace rights are involved.

"Congregate care/assisted living facility" means a facility providing full-time care, either permanently or temporarily, for those persons unable to live independently, due to age, physical or developmental disability or medical disability. Congregate care facilities include the following state-authorized or licensed operations:

"Congregate care/assisted living facility, small" means facilities providing care for six or fewer children or adults housed in a single-family residential unit; and

"Congregate care/assisted living facility, large" means facilities providing care for seven or more children or adults.

"Contractor yard": See "Equipment rental yard/contractor yard."

"Convenience store" means a retail establishment with a sales area of five thousand square feet or less which sells primarily food, household, and personal convenience items.

"Council/city council" means the city council of Rohnert Park.

"Court" means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building and/or buildings.

"Coverage, lot or site": See "Lot coverage."

"Credit union": See "Banks/savings and loans/credit unions."

"Cultural institutions" means institutions with an acknowledged mission to engage in the conservation, interpretation and dissemination of cultural, scientific, and environmental knowledge. These uses promote activities meant to inform and educate about culture, history, science, wildlife, and the environment and could include museums, science and exploration and wildlife demonstrations.

"Cyber cafe" means an establishment that provides four or more computers and/or other electronic devices for access to the internet, e-mail, video games or computer software programs which are networked or which function as a client/server program, and which seeks compensation in any form from users. Also referred to as a PC cafe, internet cafe, or cyber center, but does not include a cyber learning center.

"Day care center" means any child day care facility other than a family day care home. Includes infant care centers, preschools, and extended day care facilities.

"Day care facility" means a facility which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facilities includes day care centers and day care homes. Refer to definitions for both.

"Day care home" means a licensed home which is authorized, certified or licensed by the state of California which regularly provides care, protection and supervision of twelve or fewer children in the provider's own home, for periods of

less than twenty-four hours per day. The number of children shall include children under the age of ten who reside at the provider's home.

"Day care home, small" means a licensed facility that provides day care to eight or fewer children.

"Day care home, large" means a licensed facility that provides day care for nine to fourteen children.

"Deck" means a platform less than thirty inches above grade, either free standing or attached to a building.

"Density" means the number of dwelling units per gross acre. See also "Dwelling unit."

"Density bonus" means a provision to allow additional units above the maximum allowable within a district as an incentive to provide dwelling units for low and very low income households.

"Depth": See "Lot depth."

"Domestic animals" means small animals of the type generally accepted as pets that are customarily kept for personal use or enjoyment within the home or yard, such as dogs, cats, rabbits, canaries or parrots.

"Dwelling, multiple-family" means a structure containing two or more dwelling units.

"Dwelling, single-family, attached (duplex, townhouse, zero lot line developments)" means one of two or more dwelling units situated on separate lots and having a common or party wall separating the dwelling units.

"Dwelling, single-family, detached" means a detached building containing a single dwelling unit and surrounded by open space on the same lot.

"Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the California Building Standards Code, Rohnert Park amendments thereto, and model codes adopted under municipal code Title 15, for not more than one family. For the purposes of calculating density, duplex studio units whose total square footage does not exceed eight hundred fifty square feet shall be considered a single multifamily, one-bedroom unit.

"Easement" means a grant of one or more property rights by the property owner for the use by the public, a corporation or another person or entity.

"Educational institution" means an institution giving general academic instruction equivalent to the standards prescribed by the state board of education.

"Elevation" means:

(A)

A vertical distance above or below a fixed reference level; or

(B)

A flat scale drawing of the front, rear, or side of a building or structure.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. May also be referred to as "homeless shelter."

"Employee housing" housing that serves employees, and includes farmworker housing. Employee housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone, as required by California Health and Safety Code Sections 17021.5 and 17021.6.

"Equipment rental yard/contractor yard" means a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity. The term "contractor yard" shall include a construction materials yard, vehicular service center, or similar use.

"Erect" means to build, construct, attach, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.

"Family" means an individual or two or more persons, living as a single housekeeping unit.

"Family care home" means a state-authorized, certified or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children providing care on a twenty-four-hour-a-day basis. Includes elderly group homes and adult group homes as defined by the state of California.

"Fire code" means California Building Standards Code, Part IX and local amendments as contained in the city of Rohnert Park's Municipal Code, Title 15, Chapter 15.28.

"Floor area, gross" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of HVAC, elevator shafts, courts and loading docks. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above.

"Floor area ratio (FAR)" means the gross floor area of all buildings on a lot divided by the building site area.

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"Fraternity/sorority house" means a housing unit owned by and/or rented exclusively to university students who are members of an official fraternity or sorority organization recognized by the university and used for one or more fraternity or sorority functions.

"Frontage" means the side of a lot abutting a street (the front property line), except the side of a corner lot. For purposes of determining frontage on a corner lot, the narrowest street property line shall be considered the front of the lot. See also "Building frontage."

"Furniture store" means a commercial establishment engaged primarily in the selling of furniture, mattresses, and household appliances, including incidental repair services. Illustrative examples of these establishments include establishments that sell home furnishings, office furniture, outdoor furniture, or movable spas and hot tubs.

"Garage" means a building, or a portion of a building, enclosed on two or more sides and used for the parking of vehicles.

"General plan" means the city of Rohnert Park general plan as adopted by the city council, who may amend the plan from time to time, hereafter referred to as the general plan.

"Grade, existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this chapter.

"Grade, finished" means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, the finished grade shall be the lowest point between the building and a line five feet from the building.

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"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

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"Group home": See "Family care home."

"Group, residential" means shared living quarters without separate kitchen or bathroom.

"Height of building": See "Building height."

"Home occupation" means a business enterprise conducted entirely within a dwelling unit, garage or accessory building by the occupant(s) of the primary dwelling, which occupation is clearly incidental and secondary to the use of the dwelling for residential purposes.

"Hospital" means an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured including full-time medical supervision which is approved by the American Hospital Association and licensed by the state.

"Hotel" means any building containing six or more guest rooms, primarily accessible from interior hallways, intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for transient sleeping purposes by guests. No in-room food preparation unless applied for and approved with project or separately. (Also see "Motel.")

"Incidental": See "Accessory building or use."

"Intersection, controlled" means an intersection controlled by the use of traffic signals or signs, such as stop or yield signs.

"Intersection, uncontrolled" means an intersection not controlled by traffic signals or signs.

"Junk yard" means an outdoor space used exclusively for the storage or sale of secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof, and any and all secondhand used furniture or other personal property, or part or portions thereof.

"Kennel (commercial)" shall be as defined in Rohnert Park Municipal Code Section 6.02.070.F.

"Kiosk" means an ancillary, freestanding structure designed for retail sales or public/informational notices.

"Kitchen" means a room or area within a room used for cooking and/or preparation of foods.

"Landscaping" means an area devoted to or developed and maintained predominantly with native or exotic plant materials, including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.

"Live/work" means an occupancy by an individual or a family maintaining a common household consisting of one or more rooms or floors in a building originally designed for industrial or commercial occupancy or in a new building specifically designed for live/work and which includes the following:

A.

Cooking and sanitary facilities in accordance with applicable building standards adopted by the city of Rohnert Park; and

B.

Adequate working space reserved for and used by one or more persons residing therein.

"Loading space" means an off-street space or berth on the same lot with a building or contiguous group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or materials.

"Lot" means a parcel of land occupied, or intended to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such open space, yard and setbacks as are required. The parcel must have the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on public street or public right-of-way. The classification of lots are as follows:

A.

"Corner lot" means a lot abutting on and at the intersection of two or more streets.

B.

"Flag lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

C.

"Interior lot" means a lot abutting only one street.

D.

"Reversed frontage lot or key lot" means a lot with a side line that abuts the rear line of any one or more adjoining lots.

E.

"Through lot or double-frontage lot" means an interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.

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"Lot area" means the total horizontal area included within the lot lines of a lot.

"Lot coverage" means the percent of the lot area which may be covered by all buildings and structures, excluding allowed projecting eaves, balconies and similar features and by a deck(s) more than thirty inches in height.

"Lot depth" means the linear distance between the front and rear property lines of a site measured along a line midway between the side property lines.

"Lot or property line" means a line dividing one lot from another lot, street or alley.

A.

"Front." See "Frontage."

B.

"Rear" means a lot line, not intersecting a front line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet or more, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this title.

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C.

"Interior" means any lot line not abutting a street.

D.

"Side" means any lot line that is not a front lot line or a rear lot line.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

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"Low barrier navigation center" means a housing-first, low-barrier, service-enriched shelter as defined in California Government Code Section 65660(a) as most currently in effect, or in any successor statute.

"Manufactured home" means a complete single-family home deliverable in one or more transportable sections, certified under the National Manufactured Housing Construction and Safety Standards established by the U.S. Department of Housing and Urban Development, and that is attached to a permanent foundation. A manufactured home is also commonly referred to as a "mobile home" or "modular home." A manufactured home is not the same as a recreational vehicle, commercial coach, or factory-built home, which may look similar from the exterior.

"Massage establishment": See Chapter 8.36.

"Medical marijuana dispensary" means any facility where medical marijuana is made available to and/or distributed to one or more of the following: a "primary caregiver," a "qualified patient," or a "person with an identification card." Each of these terms is defined in California Health and Safety Code Section 11362.7 and shall be interpreted in strict accordance with Health and Safety Code Sections 11362.5 and 11362.7 et seq. A medical marijuana dispensary shall not include the following uses, so long as the location of such uses is otherwise regulated by the city's municipal code or other applicable law and such uses strictly comply with the city's municipal code or other applicable law, including but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq.: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

"Medical office/clinic" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and

similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. This does not include a massage therapist, except as an ancillary use to another medical office/clinic use.

"Microbrewery" means any brewery that produces fewer than half a million gallons of beer per year.

"Motel" means a building or group of buildings containing six or more guest rooms which are rented or hired out to be occupied or which are occupied for transient sleeping purposes, typically where a majority of such rooms open directly to the outside, and parking is located adjacent to the room. No in-room food preparation is allowed unless applied for and approved as part of project approval or separately.

s a building or group of buildings containing six or more guest rooms which are rented or hired out to be occupied or which are occupied for transient sleeping purposes, typically where a majority of such rooms open directly to the outside, and parking is located adjacent to the room. No in-room food preparation is allowed unless applied for and approved as part of project approval or separately.

"Multifamily residential": See "Dwelling, multifamily."

"Natural state" means all land and water that remains undeveloped and undisturbed. The grading, excavating or filling of land, and/or the construction of roadways, driveways, parking areas, and structure shall be prohibited in areas so designated. Incidental minor grading for such purposes as equestrian, bicycling, or pedestrian trails, picnic areas, flood control, and planting and landscaping which is in addition to and enhances the natural environment may be permitted.

"Natural waterway" means any natural stream of water flowing in a definite course or channel and possessing a bed and banks. It is not necessary that the flow of water be continuous throughout the year. Natural waterways do not include artificially created channels for storm waters, such as street gutters and drain and drainage facilities installed in connection with the development of property.

"Nonconforming lot" means a lot which was lawfully subdivided or established, but which does not conform with prescribed regulations for the district in which the lot is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city. The lot shall be shown on a duly approved and recorded tract or parcel map or has been issued or is eligible for a certificate of compliance or conditional certificate of compliance.

"Nonconforming structure" means any structure legally constructed or established which fails to conform to the regulations of this ordinance, within the district in which it is located by reason of the adoption of this ordinance or any amendment hereto or by reason of annexation of territory to the city. Structures not legally established, which fail to conform to the provisions of this ordinance, shall be deemed to be illegal structures.

"Nonconforming use" means a use of a structure or land which is lawfully established and maintained prior to the adoption of this ordinance but which does not conform with the use regulations of the district in which it is located. Uses not legally established, which fail to conform to the provisions of this ordinance, shall be deemed to be illegal uses.

"Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used.

"Off-campus student housing" means a living arrangement for student tenants within an off-campus dwelling unit or portion thereof, except if all the student tenants are family of the owner of the dwelling or the dwelling is leased and used only by a family as the family's primary residence. Off-campus student housing shall not include dormitories owned and operated by a university, college or trade school.

"Office": See "Professional office."

"Open space" means the area of a project (exclusive of the required setback from a public street) which is to be used exclusively for leisure, recreational, and/or aesthetic or visual relief purposes. Open space areas may include those reserved for active and passive recreational uses and park facilities.

"Open space, common" means an open area within a residential or commercial development reserved for the exclusive use of the residents or employees of the development and guests.

"Open space, private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

"Parking lot" means an off-street parking area, not within a building, where motor vehicles may be stored for the purposes of temporary, daily or overnight parking.

"Parking space" means an unobstructed, permanently reserved and clearly delineated area or space other than a street or alley maintained for the parking of one motor vehicle.

"Patio, covered" means a covered area without walls, screens, or windows on two or more sides or when walls, screens, or windows are incorporated meeting the requirements of the Uniform Building Code, Appendix Chapter 31, Division III, Section 3116.

"Pawn shop" means an establishment in which any business is engaged in, carried on, or conducted that involves the receipt of personal property in pledge as security for a loan pursuant to California Financial Code Section 21000 et seq., as may be amended from time to time. "Pawn shop" does not include banks, savings and loan institutions, credit unions, or other banking organizations regulated by state or federal law.

"Payday loan establishment" means any establishment whose business includes the making of deferred deposit transactions, commonly referred to as "payday loans." "Payday loan establishment" includes any business operating as a "licensee" under California Financial Code Section 23001(d).

"Personal services" means services of a personal convenience nature, as opposed to products, sold to individual consumers and include the provision of information, individual instruction, beauty and body art, barber shops, laundry and cleaning services, and similar services.

"Pre-existing" means in existence prior to the effective date of this ordinance or applicable amendments thereto.

"Principal or primary use" means the predominant use of any lot, building or structure.

"Processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-users specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

A.

"Light processing facility": Occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

B.

"Heavy processing facility" means any processing facility other than a light processing facility.

"Professional office" means an office or studio of professional or service occupations or agencies which benefit from and contribute to an environment generally characterized by low traffic and pedestrian volumes, lack of distracting, irritating or sustained noise, and low density building developments, including occupations or agencies such as accountants, administrative offices, appraisers, architects, engineers, lawyers, secretarial agencies, and real estate.

"Public assembly" means facilities in which people assemble for civic, educational, religious, or cultural purposes, such as event facilities, auditoriums, community centers, conference and convention facilities, and places of worship (e.g., churches, temples, synagogues, mosques).

"Public hearing" means a noticed meeting where the public is provided an opportunity to comment and file testimony on a matter under consideration prior to official action being taken.

"Recovery facility" means any facility, place or building which provides twenty-four-hour residential non-medical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. "Adults" may include, but need not be limited to, parents over eighteen years of age and their children, and emancipated minors, which may include, but need not be limited to, parents under eighteen years of age and their children who are recovering from alcohol, drug or drug and alcohol misuse and are currently capable of meeting their life support needs independently, but who temporarily need guidance, counseling, or other alcohol or drug recovery services. Recovery facilities that offer drug or alcohol abuse counseling must require counselors to be licensed by the state.

A.

"Recovery facilities, small" means facilities providing care for six or fewer adults (as defined above) and housed in a single-family residential unit; and

B.

"Recovery facilities, large" means facilities providing care for seven or more adults.

"Recreation facility, commercial" means recreation facilities operated as a business and open to the general public for a fee.

"Recreation facility, private" means clubs or recreation facilities for which a membership charge may be made and which are open only to bona fide members and their guests. A private recreational facility may not be open or available to members of the general public.

"Recreation facility, public" means publicly owned or operated recreation facilities.

"Recreational vehicle" means any vehicle or trailer designed or modified for use as a camp car, camper, motor home, house car, trailer, trailer coach, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer or for any similar purpose.

"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. "Recyclable material" does not include refuse or hazardous material as defined in Section 15.04.820.020. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of materials generated by that residential property, business or manufacturer. Recycling facilities may include the following:

A.

"Recycling collection facility" means a collection facility for the acceptance by donation, redemption, or purchase of recyclable material from the public. Such a facility does not use power-driven processing equipment except as provided for in particular zoning districts. Collection facilities may include the following:

1.

"Small recycling collection facility": Occupies an area of not more than five hundred square feet and may include a mobile unit; bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square

feet, kiosk type units which may include permanent structures; unattended containers placed for the donation of recyclable materials.

2.

"Large recycling collection facility": Occupies an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and which may include permanent structures.

B.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

"Religious assembly uses" means the operation of nonsecular facilities, such as churches, temples, synagogues, and related playgrounds, centers and halls for social, educational, religious and recreational activities.

"Research and development" means uses engaged in the research, analysis, design, development and/or testing of a product.

"Rooming house": See "Boarding house."

"Rounding of quantities" means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this title.

"Savings and loan": See "Banks/savings and loans/credit unions."

"School" means an institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, business schools, trade schools, art schools, large studios (greater than or equal to two thousand five hundred square feet) for specialized education and training, and similar facilities.

"Second dwelling or residential unit" - See "Accessory dwelling unit".

"Senior housing" means residential development designed for households occupied by senior citizens, with age restrictions consistent with federal and state requirements. Such development may include central recreation areas and accessory medical facilities.

"Setback" means a required, specified distance between a building or structure and a lot line or lines, measured perpendicularly from the lot line or lines in a horizontal plan extending across the complete length of such lot line or lines.

"Short-term rental" means a dwelling unit, part of a dwelling unit, or an accessory dwelling unit, that is a type of transient lodging establishment engaged in providing overnight or otherwise temporary lodging for a period of less than thirty days. Does not include "bed and breakfast inns", "boarding house", "hotel", or "motel", each of which are separately defined.

"Sign" means a device, display, figure, message, placard or structure, including its component parts, situated indoors or outdoors, which is constructed, designed, intended or used to advertise or otherwise attract or direct attention, provide information, to a business, event or location, institution, person, product or service, or promotes the interests of any person, by any means including, but not limited to, color, design, figures, illumination, letters, projected images or words, and is visible from any public street, road, highway, right-of-way, or parking area. Signage terminology used in this code includes the following:

"Abandoned" means any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on premises where the sign is displayed.

2.

"Address" means a sign identifying the position of a land use in relationship to a public or private street.

3.

"Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

4.

Area. See "Sign area."

5.

"Attention attracting device" means animated or moving signs, including signs held by mechanical mannequin or other devices, balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners and streamers, but excluding approved temporary banners, time/temperature devices, and electronic message boards.

6.

"Awning" means a sign attached to a roof-like projection from the wall of a building that serves to shield a doorway or window from the weather and is often constructed of weather resistant fabric.

7.

Banner. See "Flags, banners or pennants."

8.

"Campaign" means a temporary sign that is designed to support the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election.

9.

"City entry" means a public sign located at specific entry points to the city of Rohnert Park.

10.

"Commemorative" means a sign which commemorates the historical status and/or date of erection.

11.

"Commercial" means any sign with a commercial message.

12.

"Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

"Construction" means a sign that identifies the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter.

14.

"Copy" means words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

15.

"Directional" means a sign that has been designed and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project, e.g., restroom, security office, entrance/exit.

16.

"Directory" means a sign that lists tenants of a multiple tenant building or center.

17.

"Double-faced" means a sign which has back to back sign copy where the angle between the two faces does not exceed thirty degrees.

18.

"Edge of roof" means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or, if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less.

19.

"Electronic message center" means a sign with a fixed or changing display composed of a series of lights, but not including time/temperature displays.

20.

"External illumination" means the lighting of an object from a light source located at a distance from the object.

21.

"Flags, banners or pennants" means cloth, plastic, paper or similar material used for advertising purposes attached to framing, line, pole, structure, staff or vehicle.

22.

"Flashing" means a sign that includes an intermittent or sequential flashing light source.

23.

"Freestanding monument" means a sign that is supported by a base structure that rests on the ground and is not supported or attached to a building.

24.

"Freeway oriented" means a freestanding sign located on a nonresidential property and directly adjacent to Highway 101.

25.

"Hand-held" means a sign that is held by or otherwise mounted on a person. For the purposes of this title, "hand-held sign" does not include a noncommercial sign.

Height, sign. See "Sign height."

27.

"Illegal sign" means:

a.

Any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation;

b.

Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than ninety days;

c.

Any unsafe sign;

d.

Any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and

e.

Any sign that is in violation of the provisions of Chapter 17.27 (Signs).

28.

"Inflatable device" means an object that is filled with a gas, including CO2.

29.

"Internal illumination" means the lighting of an object from within the interior so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign.

30.

"Live/work" means a sign that identifies the location of a live/work unit within a mixed-use or similar type development.

31.

"Maintenance, normal" means the painting and cleaning of signs and/or the replacement of like parts of a nonstructural nature, e.g., lights, panels, trim pieces and other similar items.

32.

Marquee. See "Theatre, marquee."

33.

"Mural" means a two-dimensional piece of art which is applied to the flat surface or wall of a building.

"Neon" means a light source that is generated by inserting electrical energy into a chemically inert gas.

35.

"Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.

36.

"Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

37.

"Nonconforming" means an advertising structure or sign which was lawfully erected and maintained in conformance with the requirements in effect at the time, and which has subsequently come under new amended requirements and no longer complies with the requirements.

38.

"Obscene" means a sign that includes materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value.

39.

"Off-site billboard" means a sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign.

40.

"On-site sign" means any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be "on-site," regardless of location.

41.

Pennants. See "Flags, banners or pennants."

42.

"Permanent" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

43.

"Primary street frontage" means the primary street frontage is the most prominent public right-of-way as related to a lot of record.

44.

"Private information" means signs that are required or permitted by law to be posted, or signs displayed on private property that are intended to preserve and protect public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no soliciting signs, and no trespassing signs.

"Portable" means an "A" frame sign or other sign attached to a devise used to allow the sign to be rolled or moved around.

46.

"Projecting" or "suspended" means a sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward from the building.

47.

"Public information" means a sign that has been displayed by a federal, state or local agency for the purpose of protecting public health, safety and general welfare.

48.

"Real estate" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property, and does not include temporary subdivision signs.

49.

"Roof" means a sign mounted on the roof of a building or supported entirely by the building and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

50.

"Sign area" means the surface of a sign.

51.

"Sign face" means that portion of a sign intended to be viewed from one direction at a time.

52.

"Sign height" means the vertical distance from the lowest point of the base of the sign to the highest point of the structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height.

53.

"Sign program" means a process for reviewing and approving nonresidential or mixed use signage for larger sites and buildings, and for properties with multiple tenants for the purpose of ensuring aesthetic compatibility and equitable signage area.

54.

"Sign structure" means the supporting framework or bracing of a sign and incidental to the sign display.

55.

"Subdivision" means a sign that identifies a subdivision project with units for sale.

"Temporary" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage, including but not limited to: construction and subdivision signs, campaign signs, real estate signs, and special event signs.

57.

"Theatre marquee" means a sign that is attached to or otherwise made part of a permanent roof-like structure and projects beyond the building wall in the form of a large canopy to provide protection from the weather.

58.

"Three-dimensional" means a sign that has a relief image on its surface that exceeds six inches.

59.

"Time/temperature" means the area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.

60.

"Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism.

61.

"Vehicle" means a sign that is used or intended for use as a portable sign and is towed or affixed to a vehicle and used to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of the vehicle.

62.

"Wall" means a sign that is attached or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

63.

"Window" means a sign posted, painted, placed, or affixed on the interior or exterior of a window exposed to public view, and includes an interior sign that faces a window exposed to public view and is located within two feet of the window. This definition does not include window displays of merchandise offered for sale, so long as such displays are located more than two feet from the window on the interior.

"Single-family residential": See "Dwelling, single-family, attached or detached."

"Single-room occupancy (SRO) living unit facility" means a residential development or commercial facility containing secure rooms, of a smaller size than normally found in multiple dwellings, which are rented to a one- or two-person household. SRO living units are provided for a weekly or monthly period of time, although commercial facilities may be a daily basis, in exchange for an agreed payment or a fixed amount of money or other compensation.

"Site": See "Lot."

"Site area": See "Lot area."

"Slope" means the vertical distance divided by the horizontal distance.

"Spa": See "Bath house/spa."

"Specific plan" means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the Rohnert Park general plan and the provisions of Chapter 17.06, Article VIII of this title and Government Code Section 65450 et seq.

"Stable, commercial" means housing for horses owned and used by someone other than the occupant or owner of the residence and including related shows, lessons, clinics, and similar activities.

"Stable, private" means housing for horses owned by the occupant or owner of the residence. Raising, feeding, maintaining and breeding of not more than one horse per twenty thousand square feet of site area.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story.

"Street" means any thoroughfare, alley, way, boulevard, or road, either public or private, which is used or is to be used for access to abutting land.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

"Structure, accessory": See "Accessory building or use."

"Structure, attached": See "Attached structure."

"Student tenant" means an individual who is enrolled or has made application to and been accepted at a university, college, or trade school and who is residing in a dwelling unit governed by this ordinance.

"Studio—Arts and educational" means small-scale commercial facilities (less than two thousand five hundred square feet) for specialized education and/or training, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools." Does not include preschools and child day care facilities.

"Supermarket" means a retail business where the majority of the floor area that is open and accessible to the public is occupied by produce, food, beverage products, and household items that are packaged for preparation and consumption for daily living needs. Supermarkets are distinguished from "convenience stores" in that they typically contain a retail floor area greater than five thousand gross square feet.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined in Health and Safety Code Section 50675.14, that is linked to on-site or off-site services that assist the tenants with the retention of the housing, improving health status, and maximizing ability to live and, when possible, to work in the community, and which may include nonresidential uses and administrative office spaces as provided in Government Code Section 65651(a)(5). Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone.

"Telecom center" means facilities made to house equipment instead of people.

"Temporary use/event/building" means a use, event, or building which will be in existence either seasonally or for a period of two years or less.

"Tobacco store" shall be as defined in Chapter 8.32.

"Townhouse": See "Dwelling, single-family, attached."

"Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transporting of personal property.

"Transitional housing" means temporary housing provided for a longer term (generally up to twenty-four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable homeless persons to successfully transition to and maintain permanent housing. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone.

"Tree" means any living, woody plant having a single trunk diameter of four inches or more, or a combination of multiple trunks with a total diameter of eight inches or more. The diameter shall be measured at a point four and one-half vertical feet above the undisturbed, natural grade. The diameter is the circumference divided by 3.14. The following six definitions shall apply when implementing Chapter 17.15 (Tree Preservation and Protection):

1.

"Alter" means to take an action that could foreseeably diminish the health or vigor of a tree, including, but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. "Alter" does not include periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with accepted arboricultural standards and practices.

2.

"Dripline" means a line drawn on the ground around a tree directly under its outermost branches which locates where rainwater tends to drip from the tree. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.

3.

"Protected" means and includes any tree which is not exempt pursuant to Section 17.15.030.B (Exemptions), any tree which was required to be planted as environmental mitigation, or any tree identified by council resolution as having protected tree status.

4.

"Relocate" means to move a tree from the place where it is growing and replant it in another location in accordance with accepted arboricultural standards and practices and with the intent and a reasonable expectation that the tree will survive and grow in the new location.

5.

"Remove" means the cutting down of a tree or the relocation of a tree in a manner that is not in accordance with accepted arboricultural standards and practices.

6.

Value. The value of a tree shall be determined using the latest edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. The appraisals shall be completed on the most recent "Form for Northern California," published by the International Society of Arboriculture (ISA).

"Truck terminal" means an area or building where cargo is stored and where trucks load and unload cargo on a regular basis.

"Use" means the purpose for which land or premises, or a building thereon, is designed, arranged, intended, occupied or maintained.

"Use, accessory": See "Accessory building or use."

"Utilities, major" means generating plants, electrical substations, switching buildings, refuse collection processing, recycling or disposal facilities, water or waste treatment plants, and similar facilities of public agencies, public utilities, or private companies.

"Utilities, minor" means utility facilities that are necessary to support legally established uses and involve only minor structures such as switching boxes, electrical distribution lines and underground water and sewer lines.

"Vocational/trade school" means a private academic educational institution, providing specialized education/training for a specific vocation or trade. Examples include the following: business, secretarial, or professional schools (law, medicine, etc.), seminaries/religious ministry training facilities, or other institution providing technical training and education in specific trades or vocations.

"Warehousing" means the use of building or buildings for the storage of goods of any type, when such building or buildings contain more than five hundred square feet of storage space and where no or minimal retail is conducted.

"Watercourses": See "Natural watercourses."

"Yard" means open, unoccupied space, other than a court, and unobstructed from the ground to the sky, except where specifically provided by this code, in the lot on which a building is situated. The classifications of yards are:

1.

"Front yard" means an area extending across the full width of the lot and lying between the front lot line and the required front yard setback. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. For corner lots, the front yard shall be established as the area extending across the narrowest width of the lot except where an existing front building setback has clearly been established by prior property development.

2.

"Interior yard" means a rear yard or side yard open, surrounded full or in part by structure, effectively separated from vehicular circulation and parking.

3.

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the required rear yard setback.

4.

"Side yard" means a yard between the side or street side line of the lot and the required side yard setback, extending from the front yard of the lot to the rear yard.

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"Zero lot line" means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

==> picture [353 x 188] intentionally omitted <==

"Zoning map" means a map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.

(Ord. 781 § 4, 2007; Ord. 769 § 3 (part), 2007; Ord. 765 § 2 (part), 2006; Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003)

(Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 876, § 3(Exh. A), 4-8-2014; Ord. No. 887, § 4(Exh. A), 5-26-2015; Ord. No. 896, § 4(Exh. A), 2-9-2016; Ord. No. 906, §§ 4, 5, 4-11-2017; Ord. No. 908, § 4, 8- 8-2017; Ord. No. 950, § 4(Exh. A), 8-25-2020; Ord. No. 991, § 4(Exh. A, §§ 10—12), 1-27-2026)

Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts

17.06.010 - Purpose.

The residential districts are intended to achieve the following purposes:

A.

Reserve residential areas for a broad range of dwelling types and densities, which meet the diverse economic and social needs of the residents consistent with sound standards of public health and safety.

B.

Ensure the provision of light, air, privacy, and open space.

C.

Protect residential neighborhoods from excessive noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences.

D.

Minimize congestion and avoid the overloading of public services and utilities. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016)

A.

R-R: Rural Residential. This district is intended for very low-density residential development on large lots of typically forty thousand square feet or more that convey a "rural" or agricultural character. These districts are located at the perimeter of the city and provide a transition from the more urban development to the open space/agricultural areas outside of the city. This district is consistent with the "Estate Residential" general plan designation.

B.

R-E: Estate Residential. This district is intended for very low-density residential development on large estate size lots of typically seventeen thousand square feet or more. This district also is located at the perimeter of the city to provide a transition from the more urban development to the open space/agricultural areas outside the city. This district is consistent with the "Estate Residential" general plan designation.

C.

R-L: Residential-Low Density. This district is intended to promote the development of single-family detached dwellings in a suburban setting with a variety of minimum lot sizes. This district is consistent with the "Low Density" general plan designation. The floor area ratio for this district is 0.40.

D.

R-M: Residential-Medium Density. This district is intended for attached and detached single-family housing and duplexes as part of a planned residential development with a minimum lot size of three thousand seven hundred square feet. Multifamily housing is not permitted. Side-by-side duplexes not separated by a property line or without individual heating systems are permitted. This district is consistent with the "Medium Density" general plan designation. The floor area ratio for this district is 0.55.

E.

R-H: Residential-High Density. This district is intended to permit a wide range of housing types, ranging from singlefamily attached to multi-family, and are intended for specific areas where higher densities may be appropriate. This district is consistent with the "High Density" general plan designation. The floor area ratio for this district is 1.15.

F.

DTR-H: Downtown Residential-High Density. This district is located within the Central Rohnert Park PDA planning area as identified in the general plan and is intended to allow for residential development proximate to the downtown area. This district is consistent with the "High Density" general plan designation. Unless otherwise specified, all special provisions, development standards and other requirements and limitations shall be the same as the R-H district.

(Ord. No. 695, § 3, 2003; Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016; Ord. No. 991, § 4(Exh. A, § 13), 1-27-2026)

17.06.030 - Permitted uses.

The following is a list of land uses and the residential districts within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

(Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003; Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016; Ord. No. 906, § 6, 4-11-2017; Ord. No. 908, § 6, 8-8-2017; Ord. No. 991, § 4(Exh. A, § 14), 1-27-2026)

Article II. - Commercial Zoning Districts

The commercial districts are intended to provide appropriate areas for office uses and retail and service establishments that serve the needs of the city and area communities, as well as for mixed residential/commercial development where appropriate. The districts are designed to provide for the effective integration of commercial areas with adjacent uses, so that impacts related to traffic, noise, illumination and other potential concerns are minimized. The commercial districts are also intended to foster the development of employment-generating uses that will benefit existing and future residents of the city and the surrounding region. (Ord. 790 § 4, 2007: Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

A.

C-O: Professional/Administrative Office District. This district allows for the development of administrative, financial, business, professional, medical and public offices. Retail uses within this district are generally limited to those that provide support services to the office uses. This district is consistent with the "Office" general plan designation. The floor area for this district is 1.0.

B.

C-N: Neighborhood Commercial District. This district is intended to accommodate businesses that provide goods and services to nearby residential neighborhoods, generally within an area of a one-mile radius or less. Typical uses found in this district include limited commercial offices, and retail stores and service establishments that are compatible with, and dependent upon, nearby residential developments. This district is consistent with the "Neighborhood Commercial" general plan designation. The floor area ratio for this district is 0.4.

C.

C-R: Regional Commercial District. This district allows operations that provide goods and services that serve the community and outlying areas within an eight to twenty mile radius. It is primarily reserved for larger shopping centers and can accommodate "big box" retailers. This district is consistent with the "Regional Commercial" general plan designation. The floor area ratio for this district is 0.4, and 1.5 for hotel and motel projects. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

The following is a list of land uses and the commercial districts within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Uses involving chemicals may also be subject to requirements regarding hazardous materials (Section 17.07.100), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions apply to that use.

Section 17.07.100), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions apply to that use.

(Ord. 790 § 5, 2007; Ord. 781 § 5, 2007; Ord. 751 § 2 (part), 2005; Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003)

(Ord. No. 813, § 4B, 4-28-2009; Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 887, § 4(Exh. A), 5-26-2015; Ord. No. 896, § 4(Exh. A), 2-9-2016; Ord. No. 991, § 4(Exh. A, § 15), 1-27-2026)

A.

In any commercial district, all operations shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, exhibits of goods sold or manufactured on the premises, automobile service stations, outdoor dining areas, nurseries and garden shops, temporary uses/events, utility substations, and equipment installations.

B.

In the C-N district all products produced on the site of any of the permitted uses shall be sold primarily as retail on the site where produced.

C.

In the C-N district any retail and/or entertainment commercial uses that are within five hundred feet of any residential district, measured from the property lines, whose hours of operation are before 6:00 a.m. and/or after 10:00 p.m. must obtain a conditional use permit. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

Article III. - Industrial Zoning Districts

The industrial district is intended to provide appropriate areas for businesses that manufacture, process, assemble, repair, or otherwise create and maintain goods, merchandise and equipment. The district is designed to provide for the effective integration of industrial areas with adjacent uses, so that impacts related to traffic, noise, illumination, smoke, hazardous materials and other potential concerns are minimized. The industrial district is also intended to foster the

development of an industrial base that will benefit existing and future residents of the city and the surrounding region. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

I-L: Limited Industrial District. This district allows for campus-like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, warehousing, storage and distribution, and service commercial type use. Retail activities are generally limited to those that support the industrial type uses. This district is consistent with the "Industrial" general plan designation. The floor area ration for this district is 0.5, or 1.0 for projects that meet specific criteria specified in the city's design guidelines. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

The following is a list of land uses and the limited industrial district within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Uses involving chemicals may also be subject to requirements regarding hazardous materials (Section 17.07.100), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

on 17.07.100), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

(Ord. 751 § 2 (part), 2005; Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 887, § 4(Exh. A), 5-26-2015; Ord. No. 905, § 4(Exh. A), 3-28-2017; Ord. No. 991, § 4(Exh. A, § 16), 1-27-2026)

Article IV. - Mixed-Use Zoning Districts

17.06.110 - Purpose.

The Mixed Use District and the Downtown Mixed Use District encourage the siting of compatible businesses, stores, institutions, service organizations, and residences in close proximity to one another so as to create self-sufficient neighborhoods within the city. The district promotes such neighborhood development in order to minimize reliance on the automobile, resulting in a reduction in vehicle miles traveled and traffic congestion. These districts are intended to create pedestrian-oriented environments that provide access to residents' basic everyday requirements, foster an active street life, enhance the vitality of local businesses, and provide employment opportunities close to home for residents of the city. The preferred pattern of development will be ground floor commercial uses, with residential and/or office uses located on the upper floor(s). Special urban design amenities (pedestrian facilities, landscaping, public spaces, etc.) would be included in the district to create recognizable, pedestrian friendly activity centers. On-site parking would be provided for residential uses and parking for businesses would generally be on-street and in parking garages or off-site parking lots. Convenient vehicular and pedestrian/bicycle access from surrounding neighborhoods and transit service would also be components of this district. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016)

17.06.120 - District descriptions.

A.

M-U: Mixed Use District. This district allows for the development of integrated centers that combine a supportive mix of land uses, either within the same building or in clusters of buildings. This district is consistent with the "Mixed Use" general plan designation. The floor area ratio for this district is 1.5 for non-residential projects, and 2.0 for mixed residential/residential projects. (Ord. 695 § 3, 2003)

B.

DTM-U: Downtown Mixed Use District. This district allows for the development of integrated centers that combine a supportive mix of land uses, either within the same building or in clusters of buildings. This district is consistent with the "Downtown Mixed Use" general plan designation. The floor area ratio for this district is 1.5 for non-residential projects, and 2.0 for mixed residential/residential projects. Non-residential development is required within this designation and residential development is only permitted as part of a mixed use project.

(Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016)

17.06.130 - Permitted uses.

The following is a list of land uses and the Mixed Use District within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Uses involving chemicals may also be subject to requirements regarding hazardous materials (Section 17.07.100), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

(Ord. 781 § 6, 2007; Ord. 695 § 3, 2003)

(Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 897, (Exh. B), 4-12-2016; Ord. No. 991, § 4(Exh. A, § 17), 1-27-2026)

Article V. - Public/Institutional Zoning Districts

The public/institutional district is intended to provide sites for public uses, such as government centers and educational facilities. This district also allows for public and private facilities that are necessary to the functioning of the city, such as water and wastewater treatment plants, well sites, and other infrastructure. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

PI: Public/Institutional District.

This district allows for schools, government offices, transit sites, religious facilities, and other land uses that have a unique public character, as well as Sonoma State University. Public infrastructure facilities are also permitted in this district. This district is consistent with the "Public/Institutional" general plan designation. (Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013)

The following is a list of land uses and the public/institutional district within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Uses involving chemicals may also be subject to requirements regarding hazardous materials (Section 17.07.100), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

(Ord. 695 § 3, 2003)

(Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 991, § 4(Exh. A, § 18), 1-27-2026)

Article VI. - Open Space and Recreational Zoning Districts

The open space districts are intended to ensure that land is maintained beyond the city's developed areas as open space. This open space helps to define the edge of the city and its transition into the adjacent rural areas. The districts are designed to preserve areas that reflect the county's agricultural heritage and to preserve scenic view corridors that may be enjoyed from within the city, as well as to protect areas that have unique and/or sensitive environmental features, such as wetlands, vernal pools, and creek channels.

(Ord. 695 § 3, 2003)

OS-EC: Open Space for Environmental Conservation. This district includes sites with environmental and/or safety constraints, such as riparian corridors, sensitive habitats, and wetlands. This district is consistent with the "Open Space —Environmental Conservation" general plan designation.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 19), 1-27-2026)

The following is a list of land uses and the open space and recreational districts within which they are permitted as follows:

P = Permitted.

C = Conditionally-permitted by planning commission.

A = Administrative permit.

Z = Certificate of zoning compliance.

T = Temporary conditional use permit.

I = Uses allowed as incidental to a primary use.

Land uses that are not specifically listed are not permitted unless determined, by the development services director, to be substantially similar to a listed use. If the listed land use contains a code section reference in the right column, that reference directs the reader to the additional provisions which apply to that use.

(Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 20), 1-27-2026)

Article VII. - Planned Development Zoning District

The Planned Development Zoning District is intended to accommodate a wide range of residential, commercial and industrial land uses, which are mutually-supportive and compatible with existing and proposed development on surrounding properties. P-D zoning districts shall encourage the use of flexible development standards designed to appropriately integrate a project into its natural and/or manmade setting and shall typically be intended for projects that provide for a mix of land uses to serve identified community needs. Furthermore, the P-D zoning process may be used to implement the various specific plans adopted by the city. Once established, the P-D zoning district becomes, in effect the zoning for the area within its respective boundaries.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

A.

P-D zoning districts with commercial and/or industrial components may be established on a parcel or parcels of land having a contiguous area of at least three acres or, if in a M-U District, at least one and one-half acres. P-D zoning districts for residential developments may be established on a parcel or parcels of land having a contiguous area of at

least one acre. Within a specific plan area, a P-D zoning district may be designated for properties totaling less than three acres in size, provided the district is consistent with the specific plan.

B.

Each P-D zoning district shall include specific development standards designed for that particular district, including minimum lot sizes, setbacks and open space requirements, architectural and landscaping guidelines, and maximum building heights and lot coverage. In establishing these standards, the requirements for existing zoning and P-D zoning districts may be reviewed and modifications to these standards may be made as appropriate. Varying residential densities may be established for specific areas within each district. Once approved, as part of a final development plan (see Section 17.06.250), all standards, densities, and other requirements shall remain tied to that plan and to the property designated by that district, unless formally amended by city council action (see Section 17.06.280.) If no specific standards are proposed for any or all portions of a P-D district, the applicable general standards of the zoning ordinance shall apply.

C.

A P-D zoning district may include a combination of residential, industrial, and commercial uses within either the same or adjacent buildings within the district, so long as such mixed uses are consistent with the general plan and any applicable specific plan. Industrial, commercial and residential components within the same P-D districts shall share a similar or compatible architectural theme and maximize pedestrian access between the two.

D.

In situations where a subdivision of land (e.g., a tentative map) is undertaken in conjunction with the establishment or implementation of a P-D zoning district, such subdivisions shall be processed concurrently.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

Any and all uses otherwise permitted in the city of Rohnert Park may be included in a P-D zoning district, provided such uses are permitted or conditionally-permitted by the zoning ordinance and are shown on the approved final development plan for that district.

(Ord. 695 § 3, 2003)

All standards, requirements, densities, land use designations and other contents of an approved final development plan shall be consistent with the city's general plan and any applicable specific plan.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

Application for a P-D zoning district shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. In addition to the required application submittal forms available from the planning department and specified supporting materials including the fee pre scribed by the city council, the following shall also be required for all requests to establish a P-D zoning district and shall be submitted at the preliminary development plan and final development plan stages, as outlined in Section 17.06.250:

A.

A listing of the development standards proposed for the P-D zoning district (e.g., setbacks, lot sizes, building heights);

B.

A listing of the uses that will be permitted and/or conditionally-permitted in the P-D zoning district;

C.

A phasing plan indicating the approximate date when construction of the first development phase of the P-D zoning district is scheduled to begin and tentative completion dates for the remaining phases.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

A.

Preliminary Development Plan. In establishing a P-D district, a preliminary development plan shall be prepared for the proposed P-D zoning district.

1.

Parks and Recreation Commission Recommendation. The preliminary development plan shall be submitted to the parks and recreation commission for a recommendation with regards to any proposed parkland dedication. The recommendation of the parks and recreation commission to the planning commission shall be based upon the criteria listed in Section 16.14.020(K)(1)(a) of this code.

2.

Planning Commission Approval. The planning commission will hold a public hearing to consider the preliminary development plan, the recommendation of the parks and recreation commission with regard to any dedicated parkland, and whether the land uses proposed and their interrelationships are generally acceptable and consistent with the general plan and any applicable specific plan. The commission shall indicate conceptual approval or disapproval of the preliminary development plan. Such conceptual approval shall not bind the planning commission to approval of the final development plan, which shall be subject to environmental analysis and public hearings.

B.

Final Development Plan. Once a preliminary development plan has been approved by the planning commission, a final development plan to rezone the property to P-D district may be submitted to the city. If subdivision within the district is necessary, then a tentative map may also be applied for at this time.

1.

Parks and Recreation Commission Review. If any changes to dedicated parkland have been proposed since preliminary development plan approval, staff will schedule a public hearing before the parks and recreation commission after receipt of a complete application. The recommendation of the parks and recreation commission to the planning commission shall be based upon the criteria listed in Section 16.14.020(K)(1)(a) of this code.

2.

Planning Commission Approval. Following appropriate environmental review of the plan, the planning commission shall consider the application for a final development plan at a public hearing. After the hearing, the planning commission shall forward any new recommendation of the parks and recreation commission with regard to any dedicated parkland. The planning commission will also make a recommendation to the city council based on a review of the environmental impacts of the plan, the appropriateness and interrelationships of the proposed uses, any effects on traffic circulation due to development of the plan, the quality of the suggested site plan design, consistency with the general plan and any

applicable specific plan, and other details of the proposed district. A favorable recommendation must include the findings listed in this title for a final development plan (see Section 17.06.260).

3.

City Council Approval. At the city council's public hearing, it may approve or deny the final development plan or return the matter to the planning commission for further evaluation. If the application for a final development plan is approved, the property shall be rezoned as a P-D zoning district and so indicated on the zoning map for the city.

C.

A use permit shall be required prior to the construction of any phase of an approved P-D zoning district. A use permit for any or all phases of the development may be processed concurrently with the final development plan. It is the intent of the use permit to further clarify the details of the development phase being considered and to ensure that each component complies with the established provisions of the district. The use permit is intended to refine the final development plan and implement the conditions of approval attached to the final development plan. Use permit approval shall be required prior to final map recordation for all projects within a P-D zoning district.

The planning commission may grant a use permit, provided that the proposed development phase is in substantial conformance with any approved final development plan for that property and the conditions thereof. In approving a use permit for a phase of the P-D zoning district the planning commission may add conditions of approval, which are consistent with the intent and provisions of an approved P-D zoning district and help to implement that district. For P-D zoning districts containing commercial and/or industrial components, a Master Use Permit may be approved which will generally or specifically describe those tenants that may utilize those components.

(Ord. 787 § 4, 2007; Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

The planning commission shall recommend approval of a final development plan to the city council, provided the planning commission finds the following:

A.

Each individual component of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district;

B.

The streets and thoroughfares proposed meet the standards of the city and adequate infrastructure can be supplied to all phases of the development;

C.

Any commercial component complements other uses in the development;

D.

Any residential component will be in harmony with the character of the surrounding neighborhood and community and will result in densities within the P-D district that are no higher than that permitted by the general plan;

E.

Any industrial component conforms to applicable desirable standards and will constitute an efficient, well-organized development with adequate provisions for railroad and/or truck access and necessary storage and will not adversely

affect adjacent or surrounding development;

F.

Any deviation from the standard zoning requirements is warranted by the design and additional amenities incorporated in the final development plan, which offer certain unusual redeeming features to compensate for any deviations that may be permitted;

G.

The P-D zoning district is consistent with the general plan of the city and any applicable specific plan.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

A.

A final development plan shall expire two years after date of approval or at an alternate time specified as a condition of approval, unless there has been any activity in that P-D zoning district (e.g., a use permit has been approved or a building permit issued for any development phase of the P-D zoning district) or an extension has been granted. Preliminary development plans shall expire one year after date of approval unless application for final development plan approval is submitted. If a final development plan expires and is not extended, the property shall revert to its prior zoning.

B.

A final development plan approval may be extended by the planning commission for a two-year period at a noticed planning commission public hearing, if the findings required remain valid and application is made at least thirty days prior to expiration. The planning commission may modify the final development plan and/or add conditions of approval at this time based on this review.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

A.

A request for modifications to the conditions of approval for an approved final development plan shall be treated as a new application, unless the planning and community development director finds that the changes proposed do not involve substantial alterations or additions to the plan, and are consistent with the original approval and the general plan and any applicable specific plan.

B.

If an application for a final development plan is denied, no new application for the same, or substantially the same, final development plan shall be filed within one year of the date of last denial, unless the denial was made without prejudice.

(Ord. 695 § 3, 2003; Ord. No. 897, (Exh. B), 4-12-2016)

Article VIII. - Specific Plan Zoning District

The purpose of this section is to:

A.

Facilitate the general plan provisions for the preparation, adoption and implementation of specific plans in certain areas of the community pursuant to Government Code Section 65450 et seq.

B.

Provide the city with the ability to require specific plans when the city council finds it necessary and appropriate.

C.

Ensure that large developing areas of the city are master planned and compatible with the existing community; and, that each phase of a multi-year development is compatible with and integrated into each of the past and future phases of the development.

D.

Ensure that the extensive information needed by the city to process applications is submitted at appropriate times during the preparation of a specific plan and that early public input is obtained prior to adoption of a specific plan.

E.

Provide the city with flexibility to regulate the design phases that are inherent in large master planned developments and to allow variations from the zoning ordinance standards and provisions as may be appropriate for a master planned area.

(Ord. 695 § 3, 2003)

The regulations set forth in this section apply to all SP - Specific Plan Districts. The Specific Plan District shall apply to all areas designated in the general plan for a specific plan and any other area of the city where the city council may determine that because of a project's size, mixed uses, adverse environmental impacts, or other factors, a specific plan should be considered. Consistent with the general plan, these regulations may be modified by the planning and community development director for the Wilfred-Dowdell specific plan area, for which one draft specific plan has been prepared. The purpose of the modifications would be to facilitate final resolution of a specific plan for this area.

An initiation by the city council or planning commission or a request to rezone a parcel or parcels to a SP District shall be processed as a rezoning application pursuant to Chapter 17.25, Article VII and may be initiated in the same manner as a specific plan or as part of a specific plan application.

(Ord. 695 § 3, 2003)

Certain uses may be specifically permitted or permitted by use permit or may be disallowed from a specific plan area in accordance with provisions specified in the specific plan and consistent with the general plan.

(Ord. 695 § 3, 2003)

A.

Preparation and adoption of a new specific plan or amendment of an existing specific plan may be initiated by either of the following actions:

1.

Resolution of the city council; or

2.

An application from a property owner(s) with control of a majority of the acreage within the existing or proposed SP District or his/her agent. The city shall only process one preliminary application and one specific plan application at a time for a specific plan district.

3.

An application from property owners who control less than a majority of the acreage within the existing or proposed SP District if the city council, by resolution, determines that it is in the best interest of the city to allow the minority property owners to proceed with the specific plan process and if the property owned by the minority property owner(s) is contiguous to the city's incorporated boundaries.

B.

If the property for which a specific plan or specific plan amendment is proposed is located in unincorporated territory, the SP District designation will serve as prezoning for the property pursuant to Government Code Section 65859.

(Ord. 695 § 3, 2003)

Applications for a specific plan shall include two separate stages. The first stage is submittal of the preliminary application and the second stage is submittal of the draft specific plan. Applications for development within a SP District shall include a development area plan, pursuant to Section 17.06.400. The preliminary application stage shall not be required for an amendment to a specific plan unless it is determined by the planning director that the amendment constitutes a new specific plan (e.g., fifty percent or more of the text or land use map are proposed to be amended).

(Ord. 695 § 3, 2003)

A.

The first stage of a specific plan application shall be submittal of a preliminary application. Due to the size of the SP District areas and their potential impact on the community, the preliminary application will provide the opportunity for staff, the public, the planning commission and the city council to review the preliminary proposal prior to the preparation of a full draft specific plan.

B.

The preliminary application shall include the following:

1.

Completed planning application form and required fee and attachments.

2.

A general description of the proposed development, including a legal description of the property in the district.

3.

Definitions of the land use designations (including density ranges and, in the case of residential designation, sample product types).

Schematic maps, illustrative material and narrative sufficient to describe the general relationships between on-site and surrounding land uses, circulation system, and the intended design character and scale of principal features including, but not limited to, public buildings, schools, parks, and open space.

5.

A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, preliminary ranges of water consumption and wastewater generation, and other data sufficient to illustrate phasing of development and potential impact on public service requirements.

6.

General description of possible financing mechanisms for on- and off-site infrastructure improvements.

7.

A preliminary map showing the natural resources, as well as the opportunities and constraints of the district (e.g., wetlands, creeks, view corridors), including wetlands, habitat areas, and creeksides by a qualified biologist and a preliminary program for conservation/mitigation to the extent feasible. The map shall indicate the potential for candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service and possible mitigation. Included with the map shall be a preliminary biological assessment, by a qualified biologist, indicating whether any biological surveys are required for potential candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

8.

Schematic maps of two conceptual land use and/or land use and circulation alternatives considered in the development of the preliminary plan.

C.

The number of copies of the application and attachments to be submitted shall be determined by the planning and community development director.

D.

If the property within an existing or proposed specific plan district is owned by more than one owner and not all owners join in the application, the planning and community development director may modify the requirements for a preliminary application to require, on a site-specific basis, less detailed information regarding property owned by persons not joining in the application.

(Ord. 695 § 3, 2003)

A.

Within thirty days of submittal, the community development director shall respond in writing to the applicant regarding the completeness of the preliminary application. Following initial application review, the community development director may require other documentation and information he or she deems necessary for the parks and recreation commission and planning commission to make a recommendation to the city council regarding conformance with the general plan.

B.

Parks and Recreation Commission Report. The application shall be submitted to the parks and recreation commission for a report with regards to any proposed parkland dedication. The report of the parks and recreation commission to the planning commission shall include the criteria listed in Section 16.14.020(K)(1)(a) of this code.

C.

Planning Commission and City Council Public Hearings. The planning commission and city council will each hold a public hearing to receive public input on the preliminary plan. Additional public meetings and workshops may be required if necessary to determine general plan conformance as determined by the community development director.

D.

Following completion of the public meetings, but not more than ninety days following the determination that the preliminary application is complete, the community development director will provide the applicant(s) and all property owners within the SP District with a copy of the staff report and any adopted resolutions.

E.

Preliminary application review shall not constitute any representation on the part of the city that a specific plan will be prepared or approved for the property or that any other application pending or otherwise will be approved.

F.

Final Development Plan. Once a preliminary development plan has been approved by the planning commission, a final development plan to rezone the property to SP District may be submitted to the city. If subdivision within the district is necessary, then a tentative map may also be applied for at this time. Once the application has been deemed complete by staff, a public hearing before the planning commission shall be scheduled following appropriate environmental review of the plan. The planning commission shall make any new recommendations to the city council based on a review of the environmental impacts of the plan, the appropriateness and interrelationship of the proposed uses, any effects on traffic circulation due to development of the plan, the quality of the suggested site plan design, consistency with the general plan and any applicable specific plan, and other details of the proposed district. A favorable recommendation must include the findings listed in this title for a final development plan (see Section 17.06.260). At its public hearing, the city council may approve or deny the final development plan or return the matter to the planning commission for further evaluation. If approved, the property shall be rezoned as a SP zoning district and so indicated on the zoning map for the city.

(Ord. 787 § 5, 2007: Ord. 695 § 3, 2003)

A specific plan application may include a request that the city enter into a development agreement with the property owner(s) or applicant for development within the specific plan area. To the extent practicable, the development agreement application shall be processed concurrently with the specific plan application. Provisions of this chapter may be varied if expressly authorized through approval of a development agreement.

(Ord. 695 § 3, 2003)

A.

Applications for a specific plan or specific plan amendment shall contain the following:

1.

Completed planning application form and required fee and attachments.

2.

Two copies of a preliminary title report dated within the last six months.

3.

A master copy of a draft specific plan or proposed revisions to an adopted specific plan in the case of an amendment, both in print and electronic format, if available. Additional copies of the draft documents shall be submitted for public review purposes, as determined by the planning and community development director.

4.

A comparison of the standards and provisions of the specific plan to the standards and provisions of the zoning ordinance.

B.

The draft specific plan shall include the following, subject to the satisfaction of the planning and community development director:

1.

Text and tables providing:

a.

A general description of the proposed development, including a legal description of the property in the district.

b.

A statement of the relationship of the specific plan to the general plan.

c.

A boundary survey map of the area within the specific plan and a calculation of the gross land area within the district.

d.

Definitions of the land use designations (including density ranges and, in the case of residential designation, sample product types) shown on the specific plan graphics (as required by subsection 2 of this section).

e.

A land use program in table format setting forth, by area and in total, the minimum and maximum total dwelling units, the minimum and maximum nonresidential square footage, and the minimum acreage for open space, public uses, and any other uses for the district at buildout.

f.

A description of each land use sub-area in terms of uses and compatibility, and the zoning district regulations that shall apply to that sub-area to the extend not otherwise specified in the specific plan.

g.

A public facilities financing plan that explains how streets, water, wastewater, solid waste, and parks, all meeting city standards, will be provided to the project including quantitative data, such as population, housing units, land use acreage, engineering calculations for projected water consumption and wastewater generation, and other data sufficient

to illustrate phasing of development and potential impact on public service requirements. The plan must demonstrate, to the satisfaction of the city manager, that completion of all necessary infrastructure and public facility improvements concurrently with completion of the specific plan is economically, physically, and legally feasible. The city manager shall base the determination of completeness by reviewing the following components:

(1)

Identification of public improvements required to complete each phase of the project as well as the entire project in accordance with the general plan and city standards.

(2)

Detailed cost analysis of required public improvements.

(3)

Method of financing required public improvements.

(4)

Implementation and phasing schedule correlated with project buildout.

(5)

Plan for receiving approval of all regulatory agencies including proposed timeline for submittal and approvals.

(6)

Evidence of ability to complete improvements in a satisfactory and timely manner.

(Note: Pursuant to general plan policies GM-10, GM-11, and GM-12, a public facilities plan that provides for the project's fair share of the financing for the necessary public facilities, but does not provide for the completion of the public facilities prior to completion of the development due to lack of contribution by other responsible parties, will be deemed complete but will not be sufficient to receive approval as part of a specific plan unless either one or both of the following exceptions apply:

(i)

A statement of public policy considerations is adopted by the city council to allow certain required public facilities to be deferred for a specific time period. The statement of public policy considerations shall include findings that specific and offsetting community goals and objectives are achieved by the project that balance not meeting the goal of providing necessary public facilities concurrently with development. A time period shall be specified in which the improvements must be completed. Such findings shall be supported by substantial evidence in the record of the public hearing.

(ii)

For projects subject to a development agreement, the city council may grant an exception for streets/highways/intersections only, if it can be demonstrated that although adequate street/highway/intersections are unable to be provided for the development at the time occupancy is projected, such facilities will be provided within two years of the time occupancy is projected. The determination that such facilities will be provided within two years of the time occupancy is projected shall be based upon the approved public facilities financing plans submitted by other projects that contribute to the need for the street/highway/intersection improvement.).

h.

Description of proposed water supply (Note: information will be used toward determining the adequacy of water supply consistent with general plan policies PF-11 and PF-14, relating to water supply.).

i.

If based on the preliminary biological assessment and mapping submitted as part of the preliminary application, surveys are required, a complete site-specific biological assessment of wetlands, habitat areas, and creeksides by a qualified biologist and a proposed program for conservation/mitigation to the extent feasible. The biological assessment shall include a survey, conducted in accordance with established California Department of Fish and Game guidelines, for potential candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, both in breeding habitat and adjacent upland estivation habitat, with appropriate mitigation, including avoidance and minimization measures.

ndidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, both in breeding habitat and adjacent upland estivation habitat, with appropriate mitigation, including avoidance and minimization measures.

If a survey has not been completed at the time of application submittal, it shall be completed prior to completion of a draft environmental impact report. A specific plan application shall not be considered complete until any required surveys are complete, except as may be modified pursuant to subsection 17.06.370(C).

If surveys are determined not to be required, documentation for this determination prepared by a city-approved biologist shall be submitted.

j.

Proposed program for conservation of the natural resources along creeks and standards for the conservation, development and utilization of natural resources where applicable.

k.

A preliminary traffic study prepared by a qualified traffic/transportation planner or engineer and reasonable mitigation measures to mitigate traffic impacts resulting from the development.

l.

An affordable housing program showing how the proposed development will comply with the city's inclusionary housing requirement, if applicable.

m.

Other plans and programs, as may be necessary, to address general plan and city requirements regarding traffic, natural resource conservation and management, parks and open space (including a description of the acreage, layout, and configuration of proposed parkland dedication), hydrology, drainage and storm water runoff.

2.

Graphics showing generally:

a.

Land use designations for each distinct use in the SP District (each such designated area is hereinafter referred to as a "land use area") and in adjacent areas outside the district.

b.

Public circulation system (including street standards and cross sections, pedestrian paths and bikeways, and linkages to adjacent properties, where appropriate).

c.

Public buildings, schools, open space, and park.

d.

A Preliminary Public Infrastructure Plan including the proposed location and capacity of major infrastructure components, including wells, sewerage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the draft specific plan.

e.

A map showing the natural resources as well as the opportunities and constraints of the district (e.g., wetlands, creeks, view corridors).

f.

Diagram of how the development within the area covered by the specific plan is to be phased.

3.

Standards and criteria by which development will be phased.

4.

Standards for the conservation, development, and utilization of natural resources.

5.

A topographic map and, if applicable, a general grading concept plan for the property, shown at contour intervals not to exceed two feet for natural slopes over two percent or less. For natural slopes of two percent or more, contour intervals shall not exceed five feet.

6.

Development standards, including, but not limited to, the following:

a.

Permitted uses;

b.

Conditionally permitted uses;

c.

Site coverage;

d.

Floor-area ratios;

e.

Setbacks;

f.

Building heights;

g.

Accessory structures;

h.

Private and public outdoor areas, including open space and parks;

i.

Parking; and

j.

Fencing.

7.

Design guidelines, including, but not limited to, the following:

a.

Site guidelines.

(i)

Streetscape,

(ii)

Parking,

(iii)

Pedestrian connections,

(iv)

Landscape and street tree palette, and

(v)

Lighting;

b.

Building guidelines.

(i)

Porches and entries,

(ii)

Scale,

(iii)

Architectural character,

(iv)

Materials/colors,

(v)

Landscaping, and

(vi)

Signage.

8.

A program of implementation measures, including regulations, programs, public works projects, and financing mechanisms necessary to carry out the specific plan. In cases where the application for a specific plan is not joined by all property owners in the district, the implementation program may address any additional information or procedures required for development of those properties, and may establish mechanisms for the allocation of specific plan fees and public facility and infrastructure costs among property owners within the district.

9.

Any other information required by state law or the general plan to be included in a specific plan.

10.

Any other subjects that, in the judgment of the planning commission or city council, are relevant to the application and are necessary and desirable for implementation of the general plan.

C.

If the property within a proposed specific plan district is owned by more than one owner and not all owners join in the application, the planning and community development director may modify the requirements for a draft specific plan to require, on a site-specific basis, less detailed information regarding property owned by persons not joining in the application.

(Ord. 787 § 6, 2007; Ord. 695 § 3, 2003)

A.

Parks and Recreation Commission Report. Upon receipt of a complete application, the parks and recreation commission shall consider the application at a public hearing and report on the proposed acreage, layout, and configuration of parkland dedication and report to the planning commission on the project's compliance with the city's general plan requirements and any other city policies for parkland dedication.

B.

Planning Commission Review. Following completion of environmental documentation as required by the California Environmental Quality Act, a public hearing shall be scheduled before the planning commission.

Notice. At least ten days prior to the planning commission hearing, the community development director shall cause to be mailed a notice to the applicant and to all owners within the existing or proposed SP District and within three hundred feet of the boundaries of the district as shown on the latest equalized property tax assessment roll, publish a notice in a newspaper of general circulation, and post a notice in at least three public places in the city.

2.

Recommendation. The planning commission shall forward the report of the parks and recreation commission to the city council and indicate by resolution, with recommended findings (see Section 17.06.390), whether the specific plan or specific plan amendment is recommended to the city council for approval, approval in modified form, or disapproval. Following the planning commission's recommendation, the community development director shall forward said recommendation to the city clerk for scheduling before the city council.

C.

City Council Review. The city council shall conduct a public hearing on the specific plan or the specific plan amendment.

1.

Notice. At least ten days prior to the city council hearing, the community development director shall cause to be mailed a notice to the applicant and all owners of property within three hundred feet of the boundaries of the proposed district as shown on the latest equalized assessment roll, publish a notice in a newspaper of general circulation, and post a notice in at least three public places in the city.

2.

Approval. Approval of the specific plan or specific plan amendment shall be by resolution. The city council may approve, approve with modifications, or disapprove any proposed specific plan or specific plan amendment. If the city council approves the specific plan with modifications, the applicant shall be responsible for the reprinting of the approved specific plan with all city council approved changes and amendments. A master copy, both in print and electronic form, and a certain number of copies, as determined by the community development director, shall be provided to the city within thirty days of the city council's approval of the specific plan.

(Ord. 787 § 7, 2007: Ord. 695 § 3, 2003)

17.06.390 - Findings required for approval.

A.

The city council may approve a specific plan or an amendment to a specific plan only if it can make all of the following findings of fact:

1.

The specific plan or specific plan amendment is consistent with the city's general plan;

2.

The specific plan or specific plan amendment will not adversely affect the public health and safety or result in incompatible land uses;

3.

The specific plan or specific plan amendment provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of the specific plan; or,

alternately, a statement of public policy consideration can be adopted and/or an exception granted in accordance with general plan policies GM-10, GM-11, and GM-12.

4.

The specific plan or specific plan amendment identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development.

5.

In the case of a specific plan amendment, the following additional finding shall be made: The proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

6.

In the case of a specific plan located within unincorporated territory, the following additional finding shall be made: The proposed specific plan is consistent with the planning and prezoning designation provided for the specific plan area, pursuant to Government Code Sections 65300 and 65859, or alternatively functions as prezoning for the unincorporated territory.

(Ord. 695 § 3, 2003)

17.06.400 - Development area plans—Submittal and approval procedure.

A.

The specific plan shall include procedures and other requirements for development area plans for development within specified land use areas of the specific plan district. The development area plan may be submitted in phases or all at once. The development area plan application(s) may be submitted at any time subsequent to submittal of the specific plan application, except that the entire project area or the first phase of a multi-year development may be submitted concurrently with the specific plan application. Other applicable project applications (e.g., subdivision map, lot line adjustment, conditional use permit) may be submitted concurrently with development area plan application(s).

B.

A development area plan shall consist of at least one land use area and a minimum of twenty percent of the total acreage of the project or ten acres, whichever is less, unless otherwise provided for in the specific plan or the development area includes property designated for a public use or is proposed for use as affordable housing, in which case no minimum acreage shall apply.

C.

Consideration of development area plans shall include notification by the planning and community development director to surrounding property owners and neighbors in the same fashion as the specific plan hearings.

D.

The planning commission shall consider a development area plan application concurrent with or after its consideration of the specific plan application or after council action on the specific plan, and shall make a written recommendation on the development area plan to the city council.

E.

In order to approve a development area plan application, the city council shall find the proposed development conforms to the specific plan; and

Public infrastructure and services can be provided concurrently with the development; or

2.

A statement of public policy consideration and/or an exception can be granted pursuant to Subsection 17.06.370B.l.g. of this chapter.

F.

The area of a single land use area in a development area plan may vary by up to fifteen percent from the area shown on the specific plan graphics, provided that the overall minimum and maximum residential units, the overall minimum and maximum non-residential square footage and the overall minimum public use open space acreage designated on the specific plan graphics are maintained.

G.

In the case of a residential land use area, the development area plan may allow for residential uses that are more or less dense than the density designated on the specific plan graphics, provided that the overall residential density ranges designated for that land use area are maintained.

(Ord. 695 § 3, 2003)

The development area plan application shall include the following information, subject to the satisfaction of the planning and community development director:

1.

A summary, including a table of specific plan standards and proposed plan standards, showing how the development area plan conforms to the specific plan, including but not limited to the following matters: the total dwelling units in the development area plan by type (such as detached single family, multifamily and the like), the square footage of nonresidential uses and a parking calculation of required and provided spaces by use and stall size.

2.

Development area plan graphics showing:

a.

Areas of proposed land use, including open space;

b.

All streets, pedestrian ways and bike ways;

c.

A preliminary infrastructure plan;

d.

A proposed plot plan for each building site in the plan (or, in the case of single family residences, a typical plot plan) showing the existing and/or proposed buildings (indicating maximum and minimum distances between buildings,

between building and property or building site boundaries, percentage of building coverage and percentage of landscaping, if applicable), paving and areas to be landscaped;

e.

A parking and/or loading plan drawn to scale;

f.

Preliminary elevations of all proposed structures drawn to scale. The purpose of such drawings is to indicate the building heights, materials, fenestration, colors, and the general appearance of the existing and/or proposed structures so that the entire development will not detract from and will preserve the integrity of the surrounding developments;

g.

Preliminary floor plans of the proposed structures;

h.

Preliminary landscaping plan; and

i.

Fencing, trash disposal and recycling storage areas.

3.

A tentative subdivision map or vesting tentative map for the development area plan, if appropriate.

4.

A map showing the existing natural resources of the district.

(Ord. 695 § 3, 2003)

Construction in each development area must begin within two years of final development area plan approval by the city council or the approval will expire and must be re-applied for. For good cause shown by the developer, the planning commission may, at a public hearing, grant extensions of time for up to two years for each extension. An application for an extension must be filed within two years of the date of council approval of the development area plan.

(Ord. 695 § 3, 2003)

Notwithstanding Chapter 17.25, Article III Site Plan and Architectural Review, no site plan and architectural review shall be required for any approvals or permits granted for development within a SP District to the extent that they substantially conform to the development area plan. The review of the development area plans by the planning commission and city council shall constitute an equivalent of the review envisioned by Chapter 17.25, Article III.

After the initial approval and construction of the development area plan, remodels and additions to the buildings and sites in the specific plan area shall be handled through the usual site plan and architectural review requirements of Chapter 17.25, Article III.

(Ord. 695 § 3, 2003)

The planning and community development director shall have the authority to grant minor modifications to a development area plan not to exceed ten percent of the number proposed for modification, limited to lot area, lot width, building height, setbacks, parking number or dimensions, building coverage, landscaping and fencing dimensions, and facade changes. Major modifications to a development area plan shall be made in accordance with the procedures set forth in Section 17.06.400, Development Area Plans—submittal and approval procedures.

(Ord. 695 § 3, 2003)

A.

The city council may by resolution, adopt reasonable fees and a reasonable fee schedule for costs incurred by the city in the processing of preliminary applications, specific plan applications, and development area applications.

B.

Specific plan reimbursement fees shall be imposed as a condition of development approval to reimburse the applicant(s) or, if city initiated, the city for costs in incurred in the preparation, adoption, and implementation of a specific plan including the preliminary application and costs incurred pursuant to CEQA. Reimbursable costs incurred by the applicant(s) shall be based on a prior city-approved budget and documented expenditures. The reimbursement fees shall be calculated and collected for all development in accordance with the applicable fee schedule adopted by resolution of the city council at the time a specific plan is approved, and as may be amended from time to time, based on documented and city approved costs incurred in the preparation, adoption and implementation of a specific plan including the preliminary application.

C.

Reimbursement fees shall be collected at the time a subdivision or parcel map or building permit is applied for, whichever comes first, unless otherwise stated in the adopting resolution. In the case of development requiring multiple development approvals, the specific plan fee requirement shall be applicable only once, to any particular property.

D.

Appeal of any reimbursement fee imposed pursuant to this chapter shall be made in accordance with the appeal procedures established in this title for to the city council.

E.

Reimbursement fees are intended to reimburse the applicant or the city for costs associated with the preparation, adoption and administration of each specific plan. All reimbursement fees collected shall be placed in a separate fund designated for the preparation, adoption, and administration of each specific plan.

F.

At least once every year prior to, or at the time of, city council adoption of the annual budget, staff shall prepare a report to the city council on the subject of reimbursement fees which report shall include the following for each specific plan area:

1.

Itemization of costs incurred by the applicant or the city in the preparation, adoption and administration of the specific plan, including costs incurred pursuant to CEQA.

2.

Itemization of specific plan fees collected in the preceding budget year and cumulatively; and

3.

Additions to (by annexation or otherwise) and deletions of land from the specific plan area.

(Ord. 695 § 3, 2003)

Article IX. - Mobile Home Park Overlay District

The purposes of the MHP Mobile Home Park Overlay District are to:

A.

Recognize the importance of existing mobile home parks as a valuable city resource providing affordable housing and stable communities, protected from speculative pressures to convert to other land use types.

B.

Provide appropriate areas for residential mobile home park development that are consistent with the general plan and with standards of the public health and safety as established by state or city code.

C.

Ensure adequate light, air, privacy and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion and other environmental effects.

D.

Achieve design compatibility with surrounding neighborhoods and promote and encourage orderly residential development with appropriate physical amenities.

(Ord. 695 § 3, 2003)

A mobile home park overlay district may be combined with any residential district, which allows compatible densities, by a change of district to include the overlay in accordance with the provisions of Chapter 17.25, Article VII. A mobile home park overlay district shall be designated by the letters "MHP" following the residential district designation. For definitions of words and phrases refer to Chapter 17.23, Mobile Home Park Conversions.

(Ord. 695 § 3, 2003)

A.

Permitted Uses.

The following uses may be allowed in the MHP Overlay District through a site and architectural review approval:

1.

Mobile home park.

2.

Accessory structures and recreational facilities related to mobile home parks.

3.

Living units for resident managers.

B.

Conditionally-Permitted Uses.

The following uses may be allowed in the MHP Overlay District through approval of a conditional use permit:

1.

Mobile home subdivision.

2.

The permitted and conditionally permitted uses allowed in the underlying base zoning district.

C.

Mobile home Park Conversion.

All requests to convert a mobile home park or subdivision to another land use requires a rezoning to eliminate the overlay district and compliance with the city's conversion of mobile home parks.

(Ord. 695 § 3, 2003)

17.06.490 - Development standards.

A.

Project Area.

A site proposed for a mobile home park or subdivision shall be a minimum of ten acres.

B.

Density and Site Area.

1.

The minimum and maximum overall density of a mobile home park or subdivision shall conform to the site's general plan land use designation and the underlying base zone district.

2.

Individual mobile home sites or lots shall have a minimum area of three thousand six hundred eighty square feet.

C.

Site Width.

Individual mobile home sites or lots shall have a minimum width of forty-six feet.

D.

Perimeter Buffer Area.

A landscaped area with a minimum width of twenty feet shall be maintained along the exterior boundaries of a mobile home park or subdivision site as a buffer between the mobile home units and the adjoining property, except when located adjacent to any public roadway, where a landscaped buffer area with a minimum width of thirty feet shall be maintained.

E.

Minimum Yards.

1.

Side and rear yards. A five-foot minimum setback from the outer edge of any structure or mobile home to the mobile home side or rear space or lot line shall be maintained.

2.

Front yard. A fifteen-foot minimum setback from the outer edge of any structure or mobile home to the mobile home front space or lot line shall be maintained.

3.

Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend up to two feet into any yard. No other encroachments shall be permitted.

F.

Maximum Height.

The maximum height in the MHP Overlay District shall be twenty-five feet and structures, other than recreational facilities, shall be limited to one story.

G.

Common Areas.

Common areas shall be provided within a mobile home park or subdivision for recreation and other activities. The size and type of facilities required will be based on project size and location.

H.

Circulation and Parking.

All streets, access drives, parking bays and connections to public roads shall be in accordance with plans reviewed and approved by the city engineer.

1.

Access.

a.

All mobile home spaces shall be served from internal private streets within the mobile home park or subdivision, and there shall be no direct access from a mobile home space to a public street or alley.

b.

Private streets shall have a clear and unobstructed access to a public thoroughfare.

2.

Street widths.

a.

The minimum width for any interior street within a mobile home park shall be no less than twenty-five feet, curb to curb, with exceptions below.

b.

No interior street shall be less than thirty-two feet in width, curb to curb, if parking is allowed on one side and not less than forty feet in width if parking is allowed on both sides.

3.

Pedestrian Circulation Sidewalks and pedestrian pathways shall be incorporated into the park design to allow normal circulation patterns to take place between adjacent parcels and common areas.

4.

Parking. Parking shall be provided in accordance with Chapter 17.16, Off-Street Parking Standards.

I.

Boat and Trailer Storage.

1.

All pleasure boats, trailers, campers and motor coaches shall be stored in an approved area set aside for such storage.

2.

Said areas shall be screened from view and shall provide a minimum of one boat or trailer space for every five mobile home sites.

3.

Such storage shall not be allowed on any street or individual mobile home space.

J.

Landscaping.

1.

A detailed landscaping plan shall be submitted for consideration with each application for a mobile home park or subdivision, in accordance with Chapter 17.14.080, Required Landscape Plans. All open areas except driveways, parking areas, walkways, utility areas, decks, patios and porches shall be landscaped and maintained.

2.

Substantial trees shall be planted throughout the mobile home park or subdivision, and one street tree, of a variety approved by the planning commission, shall be provided on each lot. Specimen trees of not less than five-gallon container size or one inch in trunk diameter shall be planted.

K.

Utilities.

1.

All utilities in a mobile home park or subdivision shall be installed underground.

L.

Fences.

1.

The approving authority may require that the park or subdivision property be enclosed at the rear and sides by a six-foot fence and/or thick screen planting for control of view, light, sound and adequate security.

2.

Fences up to six feet in height may be permitted in the front setback area provided an average setback of ten feet from the street property line is observed and the area between the fence and property line is well landscaped and maintained. The height of fencing and landscaping located at intersections of streets, driveways and pedestrian walkways may be limited to provide clear lines-of site.

M.

Other Standards.

Additional development standards may be prescribed as conditions of approval when such requirements are determined to be necessary to ensure the protection of the character of neighboring properties, the compatibility of land uses, and the health and safety of mobile home development occupants and other city residents.

N.

Continued Maintenance.

All recreation facilities, common open spaces, common area landscaping, perimeter walls and streets/driveways established under permits approved prior to adoption of this chapter shall be maintained and repaired by management on an ongoing basis to ensure that said facilities serve the purpose intended under the original or subsequent permit approvals.

O.

Signs.

1.

Mobile home park or subdivision signs shall be limited to one twenty-four square foot sign per major entrance, not to exceed a height of six feet.

2.

Each mobile home park or subdivision shall maintain a directory sign showing the location and house number of each unit.

Signs shall be subject to the permit procedures and standards set forth in Chapter 17.27, Signs, except as noted herein.

(Ord. 695 § 3, 2003)

No building permit for a new structure or a major alteration or enlargement of an existing structure, shall be issued until the site plan and the landscape plan for the entire proposed mobile home park has been reviewed and approved by the planning commission and city council pursuant to Chapter 17.25, Article VII of this title.

The site plan shall be drawn to scale, showing the proposed layout of structures, lots, mobile home pads, and other improvements including, where appropriate, accessory buildings, boat and trailer storage areas, utilities, driveways, pedestrian walks, off-street parking for residents, managers and visitors, landscaped areas, fences, walls, and signs. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking, the location of each parking space, and areas for turning and maneuvering vehicles.

The landscape plan shall be drawn to scale, showing the locations of existing trees proposed to be retained on the site or sites, the location and design of landscaped areas and, of plant material to be planted therein, and other landscape features.

(Ord. 695 § 3, 2003)

Mobile home parks existing at the time of adoption of this chapter shall be deemed to be nonconforming relative to the use, development, and design standards established by this chapter, and may be continued, except as otherwise provided in Chapter 17.25, Article VIII of this title.

(Ord. 695 § 3, 2003)

Article X. - Office Overlay District

The Office Overlay District is intended to recognize the existing pattern of development within areas designated for industrial use that include a large number of established office uses and buildings designed to support such uses, such as the Commerce Boulevard and Redwood Drive corridors. The district would ensure that there are locations for new office users within such areas and would allow for their timely approval as principally-permitted uses, while continuing to provide space for uses that are more industrial in nature.

(Ord. 695 § 3, 2003)

An Office Overlay District may be combined with an Industrial Zoning District by a change of district to include the overlay in accordance with the provisions of Chapter 17.25.070 of this title. An Office Overlay District shall be designated by the letter "O" following the industrial district designation.

(Ord. 695 § 3, 2003)

In addition to the uses allowed in the underlying zoning district, the "O" Office Overlay District shall allow professional/administrative office district uses as permitted or conditionally permitted as outlined for the C-O District in Section 17.06.060.

(Ord. 695 § 3, 2003)

Projects within the "O" Office Overlay District shall conform to the development standards of the underlying zoning district, as provided for in Chapter 17.10 of this title. Off-street parking and other requirements particular to an office use shall be as provided for as specified in this title.

(Ord. 695 § 3, 2003)

Article XI. - Commercial Overlay District

The Commercial Overlay District is intended to permit additional commercial development with existing industrial areas which are proximate to Highway 101, such as the Commerce Boulevard. The district would ensure that there are locations for new commercial users within such areas and would allow for their timely approval as principally-permitted uses, while continuing to allow for uses that are more industrial in nature.

(Ord. No. 897, (Exh. B), 4-12-2016)

A Commercial Overlay District may be combined with an Industrial Zoning District by a change of district to include the overlay in accordance with the provisions of Chapter 17.25.070 of this title. A Commercial Overlay District shall be designated by the letter "C" following the industrial district designation.

(Ord. No. 897, (Exh. B), 4-12-2016)

In addition to the uses allowed in the underlying zoning district, the following is a list of permitted land uses within the commercial overlay designation. Permitted as follows:

P

= Permitted.

C

= Conditionally-permitted by planning commission.

A

= Administrative permit.

Z

= Certificate of zoning compliance.

T

= Temporary conditional permit.

I

= Uses allowed as incidental to a primary use.

Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter.

(Ord. No. 897, (Exh. B), 4-12-2016)

Article XII. - Station Center Planned Development District Zoning District[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 978, § 4(Exh. C), adopted July 11, 2023, repealed Art. XII, §§ 17.06.680 and 17.06.690, which pertained to Station Center Planned Development District Zoning District, and derived from Ord. No. 897, (Exh. B), adopted Apr. 12, 2016.

17.06.680, 17.06.690. - Reserved.

Article XIII. - Downtown District Amenity Zone (DDAZ) Overlay Districts[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 927, § 4 (Exhs. 2—4), adopted Nov. 27, 2018, amended Art. XIII in its entirety to read as herein set out. Former Art. XIII, §§ A—D, pertained to similar subject matter and derived from Ord. No. 897, Exh. B, 4-12-2016.

17.06.700 - Introduction.

17.06.700.A: General Provisions

17.06.700.A.1. Purpose and Intent

The Downtown District Amenity Zone Form-Based Code Overlay (DDAZ FBC Overlay) is established to implement the 2015 Central Rohnert Park Priority Development Area (PDA) Plan's vision to create an attractive and vibrant mixed-use downtown for the heart of Rohnert Park. It provides regulations that govern the form, use, and character of private development, as well as public realm elements including thoroughfares and civic spaces. This Chapter responds to the PDA Plan's guidance to support the development of a mixed-use downtown core that is attractive, vibrant, walkable, and transit-oriented.

17.06.700.A.2. Applicability

a.

The standards and procedures of this Chapter will be applied to any development within the boundaries of the DDAZ FBC Overlay as shown on the City of Rohnert Park Zoning Map when one or more of the following occur:

1)

The project requires new or modified vehicular access to the site;

2)

The project includes new construction of two thousand square feet or greater;

3)

The project includes addition(s) over ten percent of existing gross floor area of the building; and/or

4)

All or part of the project site lies within the Station Center Planned Development (P-D) Zoning district.

b.

For all buildings and site improvements, including those not subject to "a." above, any changes to the exterior of a building or site plan elements are subject to the Design Review process established by Section 17.06.740.D of this code.

c.

Notwithstanding Section 17.06.700.A.2(a) above, the standards in Section 17.06.710.A (General to Walkable Neighborhood Design) only apply to developments greater than two acres in size, and/or requiring new of modified thoroughfares.

d.

For any project site zoned with the Planned Development or Station Center Planned Development (P-D) zoning district, the standards and procedures of this Chapter must be utilized instead of the specific development standards described in 17.06.210.B (General Provisions).

17.06.700.A.3. Relationship to Central Rohnert Park Priority Development Area Plan

While the Priority Development Area (PDA) Plan establishes a series of land use designations and design guidelines for the DDAZ area, this Chapter establishes a series of Zones (DDAZ zones) that implement the land use goals and policies of the PDA Plan and standards and allowable land uses in these Zones as described in Section 17.06.720 (Specific to Zones). Standards include, but are not limited to, the layout of thoroughfares, blocks, and civic spaces, the placement and mass, height, and bulk of buildings, and the design of frontages and building types.

eries of Zones (DDAZ zones) that implement the land use goals and policies of the PDA Plan and standards and allowable land uses in these Zones as described in Section 17.06.720 (Specific to Zones). Standards include, but are not limited to, the layout of thoroughfares, blocks, and civic spaces, the placement and mass, height, and bulk of buildings, and the design of frontages and building types.

The PDA Plan provides non-regulatory guidance for community character, architectural style, lighting, paving, loading and service, building massing, materials, colors, finishes, sustainable design, common facilities, street furnishings, fencing, walls, and entry monuments.

In the event of any conflict between the standards of this Chapter and the standards and guidelines in the PDA Plan, the standards in this Chapter shall govern.

17.06.700.A.4. Relationship to Other City Ordinances and Laws

a.

If a provision of this Chapter is inconsistent with another provision of Title 17 (Zoning) of the Rohnert Park Municipal Code, or with a provision found in other adopted codes or ordinances of the City, the more restrictive provision shall govern, unless the terms of the more restrictive provision specify otherwise.

b.

Relationship to Article XV (Form-Based Codes for Special Areas). As a Form-Based Code, this chapter utilizes terms found and defined in Article XV (Form-Based Codes for Special Areas), however the standards found in Article XV do not apply within the DDAZ area.

c.

Relationship to Design Guidelines. The Rohnert Park Design Guidelines for Commercial, Mixed-use, and Multifamily Buildings apply as a supplement to the design guidance found in the PDA Plan. In the event of any conflict between the Design Guidelines and the guidelines found in the PDA Plan, the PDA Plan shall apply.

17.06.700.A.5. How to Use the DDAZ Overlay

Figure 17.06.700.A.5.a provides an overview describing how to use the regulations in this Chapter.

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(Ord. No. 927, Exh. 2, 11-27-2018; Ord. No. 929, § 4 (Exh. 1), 2-12-2019)

17.06.710 - Walkable neighborhood design.

17.06.710.A: General to Walkable Neighborhood Design

17.06.710.A.1 Purpose and Applicability

This Section sets forth standards for walkable neighborhood design and is applicable to development sites greater than two acres in size, and/or requiring new or modified thoroughfares.

17.06.710.A.2 Walkable Urban Community Design

The project area shall be designed in compliance with the following process and requirements:

a.

Organization

(1)

The project area shall consist of a walkable neighborhood design that:

(i)

Organizes a block and thoroughfare network in compliance with the standards in Subsections b and c, using the allowed thoroughfare types in 17.06.710.C (Thoroughfare Standards);

(ii)

Allocates civic spaces in compliance with the standards in 17.06.710.B.1 (Design of Civic and Open Spaces);

(iii)

Provides a mix of primary building types allowed by the zone(s);

(iv)

Provides appropriate physical transitions to the scale and character of the surrounding area;

(v)

Suits specific environmental, site layout, and design constraints unique to the site or its location;

(vi)

Identifies the proposed blocks and thoroughfares, transect zones, civic space types, and building types on a project regulating plan per 17.06.740 (Permits and Procedures); and

(vii)

Identifies the proposed physical character of the walkable neighborhood design on a project illustrative plan by showing the typical buildings and roofs on each block in plan view and the proposed trees and landscaping along streets and in civic spaces.

b.

Thoroughfares. Thoroughfares define the streets that refine large sites into walkable urban environments and provide multiple routes for vehicular circulation.

(1)

Design

(i)

Thoroughfares shall meet the standards established in 17.06.710.C (Thoroughfare Standards).

(ii)

The thoroughfare network shall be mapped on the project regulating plan and shall indicate a layout of thoroughfares and blocks in compliance with standards in this Subsection. The location of thoroughfares is flexible provided that the standards in Subsection B and Table 17.06.710.A.2.a (Block Size) are met.

(2)

External Connectivity

(i)

The arrangement of thoroughfares shall provide for the alignment and continuation of existing or proposed thoroughfares into adjoining lands where the adjoining lands are undeveloped and intended for future development, or where the adjoining lands are developed and include opportunities for such connections.

(ii)

Thoroughfare rights-of-way shall be extended to or along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in Subsection c (Block Size).

(iii)

The project regulating plan shall identify all stubs for thoroughfares and include a notation that all stubs shall connect with future thoroughfares on adjoining undeveloped property.

(iv)

Dead-end streets and cul-de-sacs are not allowed.

c.

Block Size

(1)

Individual block faces and the total block perimeter shall meet the standards established in Table 17.06.710.A.2.a (Block Size). For minor modifications refer to Section 17.06.740 (Permits and Procedures) in Table 17.06.740.C.2.a

(2)

Blocks shall be a minimum width, to result in two tiers of developable design sites that comply with the allowed building types in the zone(s).

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Table 17.06.710.A.2.a: Block Size

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17.06.710.B: Civic Space Standards

17.06.710.B.1 Design of Civic and Open Spaces

This Section sets forth the standards applicable to existing and new civic spaces and civic buildings. These standards supplement the standards for each transect zone. Civic space is land that is improved for civic gathering purposes per one of the allowed types in this section. For each civic space type, a description, a statement of the type's intent, and design standards are provided. These standards are intended to ensure development that establishes or reinforces the intended character and scale of the DDAZ.

a.

Civic Space Allocation

(1)

The development shall set aside a minimum of ten percent of the project area as civic space using the types allowed in DDAZ zones. The 10 percent shall be calculated after street rights-of-way are subtracted from the project area.

(2)

The required amount of civic space shall be distributed throughout the neighborhood. Neighborhood means the area approximately within 1,500 feet of the site that is also not separated by freeway or railroad.

b.

Building Frontage. The relationship along property lines of a civic space to adjacent buildings and design sites shall be regulated as follows:

(1)

The facades on design sites attached to or across a thoroughfare from a civic space shall be designed as a "front" on to the civic space for at least three quarters of the civic space perimeter, in compliance with the allowed frontages.

c.

Public Access. Public access and visibility along public parks, civic uses, and natural open spaces, including creeks and drainages, shall be maintained through the use of:

(1)

Single-loaded frontage streets (those with development on one side and open space on the other);

(2)

Houses that front directly onto a bike or pedestrian path along the natural open space.

(3)

Other methods of frontage that provide similar access and visibility to the open space appropriate in the transect zone.

d.

Accessory Structure Standards. Accessory structures within civic spaces, including, but not limited to, restrooms, openair pavilions, gazebos, picnic shelters and outdoor theaters, are subject to the applicable standards of the zone in Section 17.06.720 (Specific to Zones).

17.06.710.B.2 Civic Space Types

a.

This Section identifies the allowed civic space types in DDAZ zones.

b.

Civic Space Types. Multiple civic space types are defined in Table 17.06.710.B.2.a (Civic Space Type Overview). Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other types or may stand alone. The illustration and description of each civic space type are illustrative and not regulatory.

c.

Location and Size. The service area, size, frontage, and disposition of standards of each civic space type are regulatory.

(1)

Service Area. Describes how the civic space relates to the city as a whole and the intended area to be served by the civic space.

(2)

Size. The overall range of allowed sizes of the civic space. The minimum size of the civic space may be adjusted per the procedures in Table 17.06.740.C.2.a (Minor Modifications).

(3)

Character. Civic spaces shall be designed and furnished to be consistent with the character of the zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition and character similar to adjacent development as determined by the Director.

(4)

Disposition of Elements. The placement of objects within the civic space.

(i)

Natural. Civic spaces with natural character shall be designed in a natural manner with no formal arrangement of elements.

(ii)

Formal. Civic spaces with a formal character shall be designed in a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns.

(iii)

Informal. Civic spaces with an informal character shall be designed to have a mix of formal and natural characteristics.

d.

Typical Facilities. Each type identifies the allowed types of accessory structures provided within the civic space. This list is not intended to be a complete list of structures allowed nor is it intended that every civic space contain each of the structures listed. Proposed structures larger than the indicated gross square footage (gsf) require review and approval by the Director.

e.

The civic spaces specified in Table 17.06.710.B.2.a (Civic Space Type Overview) are allowed as follows:

(1)

Allowed. Allowed if in compliance with the standards.

(2)

By Director. Allow as determined by the Director

(3)

Not Allowed. The type is not allowed in the transect zone.

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17.06.710.C Thoroughfare Standards

17.06.710.C.1 Purpose

a.

This Section sets forth the standards for streets appropriate for use within the DDAZ.

b.

Thoroughfares have been designed to balance the needs of pedestrians with vehicles and to establish a high-quality, pedestrian-friendly environment.

17.06.710.C.2 Applicability

a.

The standards of this section apply to the construction of a new thoroughfare in a transect zone and/or when an application for a site over 2 acres with new thoroughfares or modifications to existing thoroughfares is proposed.

b.

The standards of this section apply to existing thoroughfares as follows:

(1)

Improvement or modification to curb return, pedestrian crossing, landscaping, or sidewalk;

(2)

Improvement or modification to on-street parking, or lane striping;

(3)

Improvement or modification to right-of-way;

c.

The individual standards of each thoroughfare type in this section may be adjusted administratively by the City Engineer. Subject to the following considerations. The proposed adjustment:

(1)

Supports the intended physical character of the transect zone(s).

(2)

Maintains multiple modes of transportation (transit, pedestrian, bicycles, automobiles).

(3)

Predominantly maintains sidewalks of at least six feet wide, where feasible, on all residential streets and at least ten feet on commercial streets where possible.

(4)

Maintains on-street parking for a majority of each block face.

(5)

Maintains regularly spaced street trees.

d.

Additional thoroughfare types may be developed, subject to City review and approval, using the components and standards listed below:

Table 17.06.710.C.2.a Thoroughfare Elements

17.06.710.C.3 Movement Types and Design Speed

Movement types are intended to assist in appropriate thoroughfare design for the necessary level of pedestrian and bicyclist safety and comfort at any given location. Design speed is the primary determinant of movement type. Anticipated movement types and design speeds (along with their assigned lane widths and curb radii) are provided for each thoroughfare type in Sub-Sections 17.06.710.C.7.a—m.

a.

The design criteria for Yield, Slow, and Low thoroughfares shall be commensurate with local thoroughfares. Design speeds higher than thirty-five miles per hour shall not be used in areas intended to support moderate or high levels of pedestrian or bicycle activity due to concerns with pedestrian safety and comfort.

17.06.710.C.4 Intersections

The following shall be applied in the design process to all thoroughfare types with the prefix "new" and to additional types that are designed. They are already integral to the thoroughfare types not containing the prefix "new".

a.

Street design of narrow streets and compact intersections requires designers to pay close attention to the operational needs of transit, fire and rescue, waste collection and delivery trucks. For this reason, early coordination with transit, fire and rescue, waste collection and other stakeholder groups is essential.

b.

More regular encroachment of turning vehicles into opposing lanes will occur at compact intersections. Therefore, frequency of access, traffic volumes and the speeds on intersecting streets at those intersections shall be considered when designing intersections. For fire and rescue, determination of the importance of that street for community access should be determined, (e.g. primary or secondary access).

c.

The designer shall use turning templates or software to evaluate intersections to ensure that adequate operation of vehicles can occur. Location of on-street parking around intersections may be evaluated during this analysis to identify potential conflicts between turning vehicles and on-street parking. Bike lanes and on-street parking will increase the effective curb return radius, when curb extensions are not applied, by providing more room for the wheel-tracking of turning vehicles.

d.

Table 17.06.710.C.4.a. provides standards for the curb radius when improving existing intersections or designing new intersections.

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17.06.710.C.5 Pedestrian Crossings

The following shall be applied in the design process for improvements to existing streets in DDAZ zones and in the design of new streets for large sites as defined in Section 17.06.710.C.2 (Applicability).

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17.06.710.C.6 Supplemental Standards to Thoroughfares

a.

Tree grates are required in street tree wells and they are to match the existing tree grates on City Center Drive.

b.

Structural soil mix or Silva Cells are required underneath all street tree wells according to city standards. Size is to be minimum 2' depth by minimum six-inch square and the top twelve-inch edge of the pit is to be lined with a root barrier.

c.

Allowed street trees are listed in Table 6.2 of the PDA.

d.

Lighting shall be installed according to city standards or as otherwise approved by the City Engineer.

17.06.710.C.7 Thoroughfare Types

Sub-Sections 17.06.710.C.7.a through 17.06.710.C.7.m illustrate allowed thoroughfares for use in the DDAZ.

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(Ord. No. 927, Exh. 2, 11-27-2018; Ord. No. 929, § 4 (Exh. 1), 2-12-2019)

17.06.720 - Specific to zones.

17.06.720.A: Downtown District Zones

17.06.720.A.1. Purpose

This Section provides regulatory standards governing building form and land use within the Downtown District Amenity Zone overlay.

17.06.720.A.2. Applicability

a.

The standards of this Section shall apply to all proposed development within the Downtown District Amenity Zone overlay, and shall be considered in combination with the standards in Section 17.06.730 (Supplemental to Zones) and Section 17.06.710 (Walkable Neighborhood Design). If there is a conflict between any standards, the more restrictive standards shall apply.

b.

Uses not listed in Section 17.06.720.B (Use Table) are not permitted in the zone.

17.06.720.A.3. Zones Overview

a.

The standards in this Section provide building form standards, use, and parking standards for each zone. Some zones have a sub-zone that allows the same built form but with either additional or limited ground floor and upper floor uses. Table 17.06.720.B.2.a provides an overview of the DDAZ Zones.

b.

Buildable Sites and Building Types.

i.

The term "Buildable Site" in this Section refers to a potential site boundary that may or may not equate to a legal parcel. Buildable sites expressed in this Section intend to accommodate one primary building type, accessory structures including one carriage house (when applicable), and private open space associated with the primary building type.

c.

At least one of each of the following, in compliance with the listed standards, must be selected for each Buildable Site:

i.

Building Type (17.06.730.B); and

ii.

Frontage Type (17.06.730.C)

d.

Accessory Buildings and Structures.

i.

Accessory buildings and structures are allowed and regulated in Section 17.10.060.

17.06.720.A.4. Regulating Plan

a.

The Zones in this section are mapped on Figure 17.06.720.A.4 (DDAZ Regulating Plan).

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17.06.720.A.5 Development Standards Summary Table

Miscellaneous

A building form with a chamfered corner is allowed only if a corner entry is provided. Only one main building and one accessory structure may be built on each lot. Entire BTL shall be defined by a building or a building and a 8" to 48" high fence or stucco or masonry wall. Planting strip only allowed between sidewalk and building in the Downtown Neighborhood Zone.

5 Maximum allowed encroachments, see Frontage Types Section 17.06.730.C.3 (Specific to Private Frontages) for further refinement of the allowed encroachments for frontage

6 Awnings and Galleries may encroach further into the street ROW to within 2' of the face of curb. All other encroachments are not allowed within street ROW.

17.06.720.B: Use Table

(Ord. No. 927, § 4 (Exh. 2), 11-27-2018; Ord. No. 991, § 4(Exh. A, §§ 21, 22), 1-27-2026)

17.06.730 - Supplemental to zones.

17.06.730.A: General Standards

17.06.730.A.1 Additional Height Regulations

a.

Introduction. This Sub-Section establishes the methodology used to measure the height of a building. The methodology applies to primary and accessory buildings and structures.

(1)

The DDAZ zones use several methods to regulate the building height, including regulating the overall building height, the height to the eave or parapet and the number of stories. These methods are used together to help ensure that new development is consistent in character and scale across the DDAZ. See Figure 17.06.730.A.1.a.

b.

Applicability. The standards in this Sub-Section are applicable to all development within the DDAZ. The maximum height of a building or structure is established in Section 17.06.720 (Specific to Zones).

c.

Overall Building Height. Overall building height shall be measured vertically from the finished grade adjacent to the building exterior to the building height plane.

(1)

Building Height Plane. The building height plane is an imaginary plane that is used to determine the height of the building. It is determined as follows:

(i)

The plane shall be parallel to the natural grade of the site; and

(ii)

The plane shall be set vertically at the highest point of the coping of a flat roof, the top of a mansard roof, or the highest point of the highest pitched roof.

d.

Building Height to Eave/Parapet. Building height to eave/parapet shall be measured vertically from the finished grade adjacent to the building exterior to the eave or top of the parapet.

e.

Building Height by Story. A story shall be measured as follows for purposes of regulating the height of the building:

(1)

A story that meets the height regulations in Table 17.06.730.A.1.a (Maximum Height of a Floor) shall be counted as one story. A story that exceeds the height regulations in Table 17.06.730.A.1.a shall be counted as two or more stories.

(2)

Basements with an exterior exposed wall greater than four feet shall count as a story. The height of the exterior wall shall be measured from the finished grade to the finished floor of the story above.

f.

Half-Story. Finished attics shall be measured as a knee wall maximum height of five feet and a finished floor to finished ceiling maximum height of nine feet.

g.

Knee Wall. A short wall, not necessarily high enough for a person to stand up next to, that supports rafters and encloses a finished attic or the top half-story of a building.

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17.06.730.A.2 Additional Parking Regulations in the DDAZ

a.

Purpose. The purpose of this Sub-Section is to provide additional parking regulations for the DDAZ that supplement those found in Chapter 17.16 (Off-Street Parking Requirements). The Sub-Section provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that the parking needs of new land uses and development are met, while being designed and located in a manner consistent with the desired character and development patterns of the DDAZ.

b.

Applicability. The parking standards of this Sub-Section shall apply to the following within the DDAZ area:

(1)

New development;

(2)

Changes in land use; and,

(3)

Changes made in intensity of buildings or structures of fifteen percent or more of:

(i)

Gross floor area;

(ii)

Seating capacity;

(iii)

Dwelling units;

(iv)

Parking spaces; and/or,

(v)

Other units of measurement listed in Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required).

(4)

Should any conflict arise between the regulations found in this Sub-Section and Chapter 17.16, the standards found in this Sub-Section shall apply.

(5)

All parking spaces provided shall meet the location, design, landscaping and improvement requirements in this SubArticle.

c.

Bicycle Parking

(1)

See Section 17.16.140 (Bicycle Parking) for Bicycle Parking standards.

d.

Off-Site/Premises Parking

(1)

See Section 17.16.070 (Shared Parking)

e.

Number of Motor Vehicle Parking Spaces Required

(1)

Parking Requirements. The number of required motor vehicle spaces for residential, retail, and service uses are regulated in Section 17.06.720 (Specific to Zones). For those regulated uses, the requirements of Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required) shall not apply. For all other uses not listed in Section 17.06.720 (Specific to Zones), the requirements of Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required) shall apply.

(i)

Fractional parking requirements, when applicable, shall be rounded up to the next whole number.

(ii)

Parking may be covered or uncovered unless specified in Section 17.06.720 (Specific to Zones).

(iii)

Parking requirements for uses not addressed in Section 17.06.720 or not listed in Table 17.06.730.A.2.a shall be determined at the discretion of the Department Director.

(2)

Maximum Number of Parking Spaces. Developments over twenty thousand square feet shall not exceed the minimum number of parking spaces by more than five percent. The Department Director may allow an additional five percent increase in the number of parking spaces if an applicant can show through a parking demand study that additional parking spaces are required.

f.

Parking Adjustments

(1)

Recreation, Education, and Assembly Uses.

(i)

Parking requirements based on gross square feet may take a reduction of five thousand square feet; or

(ii)

Parking requirements not based on gross square feet may take a reduction of up to twelve spaces.

(iii)

The Department Director may require uses under five thousand square feet to provide parking in instances where that use is likely to generate significant parking demand.

(2)

Senior Citizen Housing. The minimum parking requirement provided for in Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required) shall be reduced by twenty-five percent for each passenger vehicle made available permanently for use by the residents of each 75 such units or fraction thereof, provided that not less than 0.5 space shall be provided for each Residential Dwelling Unit served.

(3)

Transit. A parking reduction of up to thirty percent may be approved by the Department Director for any use within onequarter mile of an active bus stop or other transit stop.

(4)

On-Street Parking Spaces. Spaces adjacent to the lot may count towards the required residential guest parking, if applicable, and non-residential use parking requirements.

(5)

Bicycle Parking Substitution. Required vehicular parking spaces may be reduced at a rate of one vehicular parking space for every two bicycle parking spaces provided above the minimum required by Sub-Section 17.06.730.A.2.c (Bicycle Parking). Reduction in parking shall not exceed a maximum of twenty percent of the required motor vehicle parking spaces.

(6)

Shared Parking Simplified. For two use types, shared parking shall be calculated as follows. The sum of the required parking for the two use types shall be divided by the factor listed in the table below. If the use is not listed below, then the shared parking shall be based on Sub-Section 17.06.730.A.2.g. (Shared Parking Study).

g.

Shared Parking Study. When three or more use types share parking or a use type is not listed in Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required), the amount of required parking may be reduced as follows:

(1)

The Department Director, with a recommendation from the Planning Commission as appropriate, may grant a reduction in the parking requirements set forth in this Section in the following cases:

(i)

Where uses in the same or adjoining development, having different peak hour demand, seek to share parking. The applicant must submit to the Department Director an analysis and substantiated projections of peak parking demand for the entire development to justify the shared use of parking spaces for separate uses.

(ii)

Where the special nature of a certain development (e.g., special types of housing projects inhabited by persons with low or no automobile ownership) does not require the amount of parking listed in Table 17.06.730.A.2.a (Number of Motor Vehicle Parking Spaces Required) or Section 17.06.720 (Specific to Zones).

(iii)

Where fewer parking spaces are needed due to special designs and traffic mitigation measures incorporated in the parking lot design and circulation plan.

(2)

The Department Director, and Planning Commission as appropriate, shall consider the following in determining whether a reduction is warranted:

(i)

The likelihood that the reduced number of parking spaces can satisfy demand;

(ii)

The amount of time during the year when the number of spaces provided may be insufficient and the amount of resulting parking overflow;

(iii)

The impact of periodic overflows upon the public streets and other parking facilities; and

(iv)

The nature of surrounding land uses, character of surrounding road system, and nearby circulation pattern.

(3)

Unless requested by Department Director, the burden to demonstrate that a reduction in parking requirements is warranted shall rest with the applicant.

h.

Parking Spaces, Lot Design and Layout

(1)

Accessible Parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the federal American with Disabilities Act (ADA).

(2)

Dimensional Standards for Parking Spaces and Aisles

(i)

General. Standard car parking spaces and parking lot aisles shall comply with the minimum dimension standards established in Table 17.06.730.A.2.c.

(ii)

Vertical Clearance. All parking spaces shall have a minimum overhead clearance of seven feet.

(iii)

Reduction for Sidewalk and Planter Overhangs. When a parking space abuts a sidewalk or planter; the front two feet of the required parking space length may overhang the planter or sidewalk provided that wheel stops or curbing are provided and the remaining area outside of the overhang meets the minimum width requirements of the sidewalk or planter.

(iv)

Spaces near Obstructions

(a)

When the side of a parking space abuts a wall or other structure that is taller than six inches, the width of the parking space shall be increased by two feet.

(b)

This provision does not apply to parking spaces abutting support columns in a parking garage.

(v)

Dimensional Adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be less than eight feet. Reduction in design standards shall be subject to approval by the Department Director or City Engineer.

(3)

Location

(i)

Location of required on-site parking is regulated by setbacks set forth in Section 17.06.720 (Specific to Zones), and the following:

(a)

Parking lots with 20 or fewer spaces: all off-street parking areas shall be separated at least five feet from buildings in order to provide a sidewalk between the building and parking area.

(b)

Parking lots with more than twenty spaces: all off-street parking areas shall be separated at least ten feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area.

(c)

This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.

(ii)

Required parking is not permitted in the required front yard setbacks.

(iii)

Required parking in the exterior side yard is allowed when the parking space is a minimum of twenty feet from the exterior side property line and the parking space is located behind the front of the building.

(4)

Access. The following standards are applicable to off-street parking lot access design:

(i)

Each required off-street parking space shall open directly onto an aisle or driveway as specified in Table 17.06.730.A.2.c (Minimum Dimensional Requirements for Off-Street Parking Spaces and Aisles). All off-street parking facilities shall be designed with an appropriate means of vehicular access to a street or to an alley to cause the least interference with traffic movements.

(ii)

Parking spaces in any parking lot or parking structure for any use other than single-family dwellings shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare and shall meet the following standards:

(a)

Ingress to and egress from parking spaces shall be from an on-site aisle or driveway.

(b)

Exception, parking spaces within lots of up to eight spaces may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane.

(iii)

Driveways to the public thoroughfares shall be by forward motion of the vehicle.

(iv)

Driveways from a public thoroughfare to off-street parking areas in all residential zones shall meet the following:

(a)

Driveways shall be a minimum of ten feet wide; and

(b)

If a driveway serves more than two dwelling units or is longer than 150 feet, the driveway shall have a minimum width and turnaround that comply with Fire Department requirements and applicable Engineering standards.

(v)

Vehicular entrances to parking structures shall be a maximum of twenty feet wide so as not to dominate the street frontage of buildings.

(vi)

The design and construction of all off-street parking access drives shall meet the requirements of the Engineering Standards.

(5)

Materials

(i)

All off-street parking areas and driveways shall be surfaced with materials as approved by the Engineering Division and maintained in accordance with the Engineering Standards.

(ii)

Driveway materials shall extend and include the area between the property line and the street.

(iii)

The use of pervious or semi-pervious parking area surfacing materials-including, but not limited to "grasscrete," or recycled materials such as glass, rubber, used asphalt, brick, block and concrete-may be approved by the City Engineer for required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices. For additional parking lot landscaping requirements refer to Section 17.16.100.

(6)

Tandem Parking. Tandem parking is allowed in all zones for all residential uses as follows:

(i)

Two tandem parking spaces may satisfy the parking requirement of one residential unit; and

(ii)

Tandem parking spaces shall not be for required accessible parking spaces.

17.06.730.B: Specific to Building Types

17.06.730.B.1 Purpose

This Sub-Section sets forth the standards applicable to the development of each building type. These standards supplement the standards for each zone in which the building types are allowed. These standards are intended to provide a range of mixed-use, multifamily, and single-family prototypes that are compatible with neighboring development and with each other in creating a downtown center for Rohnert Park.

17.06.730.B.2 Applicability

a.

The requirements of this Sub-Section shall apply to all proposed development within the Rohnert Park Center zones, and shall be considered in combination with the standards for the applicable zone in Section 17.06.720 (Specific to Zones) and in the rest of this Sub-Section.

b.

Development with Civic and Agricultural land uses otherwise allowed in this Chapter shall comply with the standards for the applicable zone in Section 17.06.720 (Specific to Zones), but shall not be required to meet the standards of this SubSection.

17.06.730.B.3 Building Types

This Sub-Section provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a detached house may have non-residential uses within it, such as a restaurant or office as may be allowed within the zone. Table 17.06.730.B.3.a (Building Types General) provides an overview of building types and sets forth whether such types are allowed by right, by review or are not allowed within the DDAZ zones as identified in Section 17.06.720.A.4 (Regulating Plan).

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17.06.730.C: Specific to Private Frontages

17.06.730.C.1 Purpose

This Sub-Section sets forth the standards applicable to the development of private frontages. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each transect zone in which the frontage types are allowed. For each frontage type, a description, a statement of the type's intent, and design standards are provided. These standards are intended to ensure development that establishes or reinforces the highlyvalued character and scale of the downtown center for Rohnert Park.

17.06.730.C.2 Applicability

a.

The requirements of this Sub-Section shall apply to all proposed development within the Rohnert Park Center zones, and shall be considered in combination with the standards for the applicable zone in Section 17.06.720 (Specific to Zones) and in the rest of this Sub-Section.

b.

Development with Civic and Agricultural land uses otherwise allowed in this Chapter shall comply with the standards for the applicable zone in Section 17.06.720 (Specific to Zones), but shall not be required to meet the standards of this SubSection.

17.06.730.C.3 Frontage Types

Table 17.06.730.C.3.a (Frontage Types General) provides an overview of the allowed frontage types.

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(Ord. No. 927, § 4 (Exh. 2), 11-27-2018)

17.06.740 - Permits and procedures.

17.06.740.A: Purpose and Applicability

1.

Purpose

a.

The purpose of this Section is to establish procedures for the preparation, filing, and processing of applications for development permits and other entitlements required by the Downtown District Amenity Zone Form-Based Code Overlay (DDAZ FBC Overlay) that are in addition to those established in Chapter 17.25 (Administrative and Enforcement Procedures) and enforced by the Department Director, Planning Commission, and City Council, as applicable.

Applicability

The provisions of this Section are applied to any development within the DDAZ Overlay as provided in Subsection 17.06.700.A.2 (Applicability).

3.

Planning Approvals and Review Authority

a.

Planning Approvals. All development must be established, constructed, reconstructed, enlarged, altered, moved or replaced in compliance with the following requirements:

i.

Allowable land use. The land use must be allowed pursuant to Table 17.06.720.B (Use Table) and the standards in the Zone where the development is located.

ii.

Entitlements and Approvals. Any and all entitlements or other approvals required by this DDAZ FBC Overlay must be obtained before the issuance of any required grading, building, or other construction permits, and before the proposed use is established, constructed, or put into operation.

iii.

Development Standards. The regulation of lot sizes, setbacks, open space requirements, architectural and landscaping standards, maximum building height, lot coverage, and all other development standards are established in Sections 17.06.720 (Specific to Zones) and 17.06.730 (Supplemental to Zones).

iv.

Design Review. Prior to processing an application that is subject to the DDAZ FBC Overlay, pursuant to Section 17.06.740.D (Design Review) an applicant must obtain written approval from the Downtown Design Review Board (DDRB) confirming that the application meets all the applicable requirements of the DDAZ FBC Overlay standards.

v.

Permitted Uses. The regulation of permitted, conditionally-permitted, or administratively-permitted uses is provided in Section 17.06.720.B (Use Table).

vi.

Property zoned P-D or Station Center P-D is required to follow the application and approval procedures for Preliminary Development Plans and Final Development Plans as described in Section 17.06.250 (Procedure), except that approval of a Conditional Use Permit as required by Section 17.06.250.C is not required.

vii.

When not in conflict with the provisions of this Section, applications for property not zoned P-D or Station Center P-D within the DDAZ FBC Overlay are subject to all of the legislative, administrative, and permit procedures as established in the Rohnert Park Municipal Code, including:

a)

Conditional use permits (Chapter 17.25, Article I);

b)

Minor Modifications (Section 17.06.740.C)

c)

Variances (Chapter 17.25, Article II);

d)

Temporary conditional use permit (Chapter 17.25, Article IV);

e)

Administrative permit (Chapter 17.25, Article V);

f)

Certificate of Zoning Compliance (Chapter 17.25, Article VI);

g)

Amendments (Chapter 17.25, Article VII) - also refer to Section 17.06.740.D (Design Review);

h)

Appeals (Chapter 17.25, Article XII); and

i)

Subdivisions (Title 16).

b.

Review Authority

i.

Table 17.06.740.A.3.a (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application required by the DDAZ FBC Overlay.

ii.

All applications for property designated with the DDAZ FBC Overlay are subject to the review and approval of the review authority(s) identified in Table 17.06.740.A.3.a.

17.06.740.B: Application Requirements, Review, and Processing

1.

Application Requirements and Review. Applications for building permits, grading permits and any other land use entitlements submitted to the City shall be reviewed and processed pursuant to Chapter 17.25 (Administrative and Enforcement Procedures).

2.

Noticing Requirements. Noticing must comply with Chapter 17.25, Article XI (Notices).

17.06.740.C: Minor Modifications

1.

Purpose. The purpose of a minor modification is to enable the Department Director to approve minor deviations from DDAZ FBC Overlay standards when requests constitute a reasonable use of property but are not otherwise permissible under the strict application of the DDAZ FBC Overlay.

2.

Applicability

a.

This Subsection is applicable to all development standards of the DDAZ FBC Overlay.

b.

The Department Director may approve a minor modification only after first determining that the requested modification meets the findings specified in Subsection 4 (Findings for a Decision on a Minor Modification).

c.

A minor modification may be approved as specified in Table 17.06.740.C.2.a (Minor Modifications).

d.

An authorization to approve a minor modification does not extend to making any changes in the uses permitted in any zone.

3.

Application Filing and Processing. The application shall be filed with the Department Director and include the information and materials in the most current planning department publication for applications together with the required fee as specified in the City fee schedule (see Section 17.06.450, (Fees)). The applicant is responsible for providing evidence in support of the findings required by Subsection 4 (Findings for a Decision on a Minor Modification).

4.

Findings for a Decision on a Minor Modification. The Department Director may approve, conditionally approve, or deny a minor modification application, only after each of the following findings are made:

a.

There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of the DDAZ FBC Overlay could deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

b.

The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property;

c.

The requested minor modification will not allow the establishment of a use that is not otherwise allowed in the zone;

d.

Granting the minor modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

e.

The development is consistent with the General Plan;

f.

The requested minor modification provides the minimal relief necessary to achieve the intent of the DDAZ FBC Overlay; and

g.

The development complies with all applicable standards of this Section and Chapter 17.25 (Administrative and Enforcement Procedures).

5.

Review and Decision

a.

Each minor modification application shall be reviewed on an individual case-by-case basis. The approval of a prior minor modification is not admissible evidence for the approval of a new minor modification.

b.

The decision of the Department Director may be made without the need for a public hearing. Unless appealed, a decision by the Department Director shall become final on the eleventh day following the day the decision is rendered.

c.

A decision on a minor modification may be appealed pursuant to Chapter 17.25, Article XII (Appeals).

6.

Lapse of Approval Extension and Renewal

a.

A minor modification shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

i.

A building permit has been issued and construction has diligently commenced;

ii.

A certificate of occupancy has been issued;

iii.

The use is established; or

iv.

The minor modification is renewed in accordance with Subsection 6.b.

b.

A minor modification approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the minor modification is filed with the planning and community director. The Department Director may grant the renewal if the original findings of approval remain satisfied. If the Department Director

denies the renewal request, the applicant has ten calendar days to appeal the decision to the Planning Commission in compliance with Chapter 17.25, Article XII (Appeals).

17.06.740.D: Design Review

1.

Purpose. This Section establishes procedures for the review and approval or denial of Design Review with the intent to promote orderly development and an aesthetically and environmentally pleasing and economically viable community in compliance with the General Plan, and the standards specified in the DDAZ FBC Overlay.

2.

Applicability.

a.

Design Review applies to any permitted, conditionally permitted, or administratively permitted use listed in Section 17.06.720 (Specific to Zones).

b.

Design Review by the Downtown Design Review Board (DDRB) is required for all new buildings or structures and additions or alterations to existing structures.

c.

Prior to processing applications for building permits, grading permits and any other land use entitlements, an applicant must obtain written approval from the DDRB that the project meets the requirements of the DDAZ FBC Overlay.

3.

Design Review Board. The DDRB consists of a minimum of three members and a maximum of five members appointed by the Planning Commission. In lieu of creating a separate DDRB, the Planning Commission may serve as the DDRB.

4.

Application Filing and Processing. An application for Design Review must be filed with the Department Director. The applicant is responsible for providing evidence in support of the findings required by Subsection 6 (Findings for a Decision on a Design Review).

a.

Submittal Requirements. The following drawings shall be submitted to the DDRB with an application for any site plan review, conditional use permit, planned unit development, tentative subdivision map, tentative parcel map, or administrative approval permit;

i.

Architectural drawings, drawn to scale, showing all elevations of the proposed structures by point of compass, as they will appear upon completion of construction. All exterior surfacing materials and colors must be specified.

ii.

Scale drawings of all signs by point of compass that are subject to Design Review, showing size, location, material, colors and any proposed illumination.

iii.

The DDRB may require additional information from the applicant if necessary to carry out the purpose of the DDAZ FBC Overlay.

b.

Regulating Plan

i.

An application for development on a property that involves multiple DDAZ zones as defined in Section 17.06.700.B (Establishment and Designation of Zones) must submit a regulating plan as a part of the Design Review application.

ii.

Only the DDAZ zones established in Section 17.06.720 (Specific to Zones) may be used. The regulating plan for the property must include the following information:

a)

Project area boundaries;

b)

Existing and proposed blocks;

c)

Existing and proposed thoroughfares, including alleys;

d)

Existing and proposed civic space types; and

e)

Existing and proposed transect zone(s) conforming to the proposed blocks.

iii.

Properties located within only one transect zone as defined in Section 17.06.720 (Specific to Zones) do not need to submit a regulating plan as a part of the Design Review application.

iv.

The Department Director may approve a modification in the location of a transect zone boundary or the location of a proposed thoroughfare within or adjacent to property provided that the intent and purpose of the DDAZ FBC Overlay as established in Section 17.06.700.A.1 (Purpose and Intent) is maintained and supported.

c.

Administrative Options

i.

The DDRB may approve, conditionally approve, or disapprove a Design Review application.

ii.

The Department Director may refer a Design Review application to the Planning Commission with or without a recommendation when it is determined that unique or special circumstances exist. The Planning Commission shall then conduct a public hearing pursuant to Chapter 25, Article XI (Notices).

iii.

The review authority may approve or conditionally approve the application based on the findings listed in Subsection 6 (Findings for a Decision on a Design Review).

d.

Lapse of Submittals. If after applying for Design Review the applicant fails to provide changes or additional information necessary to enable the review authority to make a decision on the project, and there is no activity taking place in connection with the application for a period of six months, the application shall be revoked and the applicant so informed.

5.

Public Hearing and Notice. Applications for Design Review are not subject to a public hearing or noticing requirements unless the application is referred to the Planning Commission.

6.

Findings for a Decision on Design Review. The review authority shall approve, conditionally approve, or deny a Design Review application only after the following findings are made:

a.

The proposed development is consistent with the General Plan and any applicable specific plan;

b.

The proposed development is consistent with all the applicable standards of this Section and Chapter 17.25 (Administrative and Enforcement Procedures);

c.

The proposed development will not be detrimental to the public health, safety, or general welfare;

d.

The proposed development substantially complies with the City of Rohnert Park Design Guidelines (Design Guidelines) for Commercial, Mixed-Use and Multi-Family Buildings and the Central Rohnert Park Priority Development Area Plan (PDA Plan). In the event of a conflict between the Design Guidelines and the PDA Plan, the guidelines in the PDA Plan shall apply;

e.

The proposed development has an appropriate relationship to land use and development of adjacent properties, including topographic and other physical characteristics of the land; and

f.

The proposed development has a compatible architectural style with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired.

7.

Decision and Appeals. The decision of the review authority is final ten calendar days after the decision is rendered, unless appealed to the City Council or Planning Commission pursuant to Section 17.25.034 (Decision/appeal) and Chapter 17.25, Article XII (Appeals).

8.

Lapse of Approval.

a.

Design Review approval will lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

i.

A building permit has been issued and construction has diligently commenced;

ii.

A certificate of occupancy has been issued;

iii.

The use is established;

iv.

The Design Review approval is renewed in accordance with Subsection b. below; or

v.

The project is a residential development that does not require the approval of a tentative subdivision map, or otherwise not vested through a development agreement with the city, then the approval shall expire after a twenty-four-month period, unless extended for special circumstances by the City Council.

b.

A Design Review approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal is filed with the Department Director. The Department Director may grant the renewal if the original findings of approval remain satisfied. If the Department Director denies the renewal request, the applicant has ten calendar days to appeal the decision to the Planning Commission pursuant to Chapter 17.25, Article XII (Appeals).

(Ord. No. 927, § 4 (Exh. 2), 11-27-2018)

17.06.750.A Purpose.

The terms and phrases used in the DDAZ FBC Overlay are technical or specialized and may not reflect common usage. If a definition in this section conflicts with a definition in another provision of the Municipal Code, the definitions in this section shall control. If a word is not defined in this section, refer to Chapter 17.04 of the Zoning Ordinance. The development services director shall determine the meaning of terms when a definition is ambiguous or when a term is not defined in accordance with Section 17.02.090 of this code.

Editor's note— Ord. No. 991, § 4(Exh. A, § 23), adopted Jan. 27, 2026, amended the title of § 17.06.750.A to read as herein set out. The former § 17.06.750.A title pertained to definitions.

17.06.750.A.1 Definitions of Specialized Terms and Phrases

A. Definitions

Accessory building. A subordinate, detached building the use of which is incidental to that of a primary building on the same lot. Examples of accessory buildings include, but are not limited to, a garage, carport, tool house, home office or work studio, greenhouse, pool house, playhouse and shed.

Accessory structure. A subordinate structure the use of which is incidental to that of a primary building on the same lot. Examples of accessory structures include, but are not limited to, a pergola, trellis, open play structure, swimming pool, tennis court, play court, and deck.

Active Frontage. Ground floor frontages intended for non-residential uses and the primary living area of residential uses (living rooms, dining areas, etc.) ranging from Shopfront, Terrace, Gallery, Arcade to Dooryard.

Adjacent. Sharing a common lot line, or having lot lines separated only by an alley.

Adjacent Buildings. Two or more buildings located upon adjacent lots.

Apartment House. The Apartment House Building Type is a medium-to-large-sized structure that typically consists of seven to eighteen side-by-side and/or stacked dwelling units (or more when senior housing is used), typically with one shared entry. This type is appropriately scaled to fit within medium-density neighborhoods or sparingly within larger lot predominantly single-family neighborhoods. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. This type may also accommodate retail, service, and other non-residential uses as allowed by the zone. See 17.06.730.B.3.c (Apartment House).

Alley. A public or private way to be used primarily for vehicular access to the back or side of a parcel of real property that abuts a street.

B. Definitions

Bay, Bay Window. A window that projects from the main wall of a building that may begin on the ground floor and extend to upper floors.

Block Face. Dimension of one block side measured at the right-of-way or public frontage line along one side of a street.

Brewpub. A micro-brewery that brews beer primarily for on sale consumption and includes a tasting or restaurant component. A full commercial kitchen is not required, however food or snacks, available for purchase either through the brewpub or a third party, must be made available. This definition primarily encompasses CA ABC license types 23 (small beer manufacturer) and 75 (on sale general - brewpub). Brewpubs are primarily a retail operation, while breweries are primarily a production and wholesaling operation.

Block Perimeter. Dimension of the complete perimeter edge of a block measured at the right-of-way or public frontage line along one side of multiple streets.

Buildable Area. The area in which a building is permitted to be constructed; see "Building envelope" in 17.04.030 (Definitions of words and terms).

Building Entrance. A point of pedestrian ingress and egress to a building.

Building Form. The overall shape and dimensions of a building.

Building Type. A structure defined by its combination of configuration, disposition and function.

Build-to Line (BTL). A line parallel to a lot line or right-of-way where a building façade must be placed.

C. Definitions

Ceiling Height, Ground Floor. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms and storage spaces.

Ceiling Height, Upper Floor(s). Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms and storage spaces.

Chamfered Corner. An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, fortyfive degree angle creating a beveled edge to the building rather than a ninety degree corner.

Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.

Civic Building. A structure operated by governmental or not-for-profit organizations and limited to civic and related uses.

Civic Space. An outdoor area dedicated for civic activities. See 17.06.710.B (Civic Space Standards).

Common Areas. A portion of a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all persons who reside in a dwelling unit within the building or on the lot.

Construction. The performance of any act in connection with making an improvement to a lot, building or structure.

Corner Entry. An entrance located on the corner of a building.

D. Definitions

Depth, Ground-Floor Space. The distance from the street-facing façade to the rear interior wall of the ground-floor space available to an allowed use.

Detached. Separate or unconnected.

Detached House(s). Separate or disconnected building.

Development. See "Construction".

Director. Department Director or his or her duly appointed representative.

Distance Between Entries. The horizontal distance measured parallel to the façade between entrances to a building or buildings.

Dooryard. In the Dooryard Frontage Type, the main facade of the building is set back a small distance, and the frontage line is defined by a low wall, fence, or hedge, creating a small dooryard. The dooryard does not provide public circulation along a public ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential or commercial. See 17.06.730.C.3.e (Dooryard).

Driveway. A vehicular lane within a lot, or shared between two lots, usually leading to a garage, other parking or loading area.

E. Definitions

Elevated Ground Floor. A ground floor situated above the grade plane at street-level.

Encroachment. Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, beyond the build-to-line, into the public frontage, or above a height limit.

Entry. An opening, such as a door, passage, or gate, that allows access to a building.

F. Definitions

Façade. The vertical surface of a building.

Façade Zone. The area between the minimum and maximum setback lines along the front and side street of a parcel.

Facility. An improvement, structure or building that is designed and used for a particular purpose.

Fence. A structure made of wire, wood, metal, masonry or other material, and typically used as a screen or enclosure for a yard or open space or as a divider along a lot line.

Finish Level, Ground Floor. Height difference between the finished floor on the ground floor and the adjacent public walk. In the case of a loading dock frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street. Regulations for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in multi-unit buildings.

Footprint. The outline of the area of ground covered by a building or structure.

Footprint Area. The total square footage contained within a footprint.

Forecourt. In the Forecourt Frontage Type, the main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. See 17.06.730.C.3.d (Forecourt).

Freestanding Wall. A wall that is separate from a building and supported by independent means.

Frontage. See "Building Frontage" and "Frontage" in 17.04.030.

(1)

Frontage, Private. The area between the building façade and the property line defining the public right-of-way and defined by a Frontage Type.

(2)

Frontage, Public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

(3)

Frontage, Independent. The edge of a civic space not defined by adjacent building frontage along a frontage line.

(4)

Frontage, Building. The edge of a civic space defined by adjacent building frontage along a frontage line.

Frontage Line. The lot line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

Frontage Type. The private frontage is the area between the building facade and the lot line.

Furniture Area. An area of space that allows for the placement of furniture without restricting the movement of pedestrians.

G. Definitions

Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

Gallery. The main façade of the building is at or near the frontage line and the gallery element overlaps the sidewalk of the right-of-way. This Frontage Type is intended for buildings with ground-floor commercial or retail uses and may be one or two stories. Due to the overlap of the right-of-way, an easement is usually required. Alternatively the lot line shall be aligned with the edge of the gallery and curb, and a sidewalk is established within an easement under the gallery. See 17.06.730.C.3.g (Gallery).

Garage. A structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

Glazing. Openings in a building in which glass is installed.

Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.

Ground Floor. The floor of a building located nearest to the level of the ground around the building.

H. Definitions

No specialized terms beginning with the letter H are defined at this time.

I. Definitions

Improvement. The product of any modification to a lot, structure or building.

J. Definitions

No specialized terms beginning with the letter J are defined at this time.

K. Definitions

No specialized terms beginning with the letter K are defined at this time.

L. Definitions

Landing. A level area at the top or bottom of a staircase or between one flight of stairs and another.

Live/Work (Building). The Live/Work Building Type is a small to medium-sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. Both the ground-floor flex space and the unit above are owned by one entity. This type is typically located within medium-density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for accommodating home-based businesses, incubating neighborhood-serving retail and service uses and allowing neighborhood main streets to expand as the market demands. See 17.06.730.B.3.d (Live/Work).

M. Definitions

Main Body. The primary massing of a building.

Main Building. The building that serves as the focal point for all activities related to the principal use of the lot.

Main Façade. The front façade of a Main Building.

Main Street Mixed-Use Building. The Main Street Building Type is a small- to medium-sized structure, typically attached. It may be a commercial building or a vertical mixed-use building with ground-floor retail or service uses, and upper-floor service, office, or residential uses. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability. See 17.06.730.B.3.e (Main Street).

Mansion Apartment. This type is a medium-sized structure that consists of 3-6 side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a mediumsized family home and is appropriately scaled to fit sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. This type may also accommodate retail, service, and other non-residential uses as allowed by the zone. See 17.06.730.B.3.b (Mansion Apartment).

Major. Having a greater size, scope, effect, characteristic or quality relative to the other corresponding sizes, scopes, effects, characteristics or qualities; or being the greater of two or more.

Massing. The overall shape or arrangement of the bulk or volume of buildings and structures.

Minor. Having a lesser size, scope, effect, characteristic or quality relative to the average size, scope, effect, characteristic or qualities; or being the lesser of two or more.

Mixed-Use. Multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.

Movement Type.

(1)

Low. Drivers generally expect to travel without delay at the appropriate design speed. Thoroughfare design supports safe pedestrian movement at the higher design speed. This movement type is appropriate for thoroughfares designed to traverse longer distances to connect with higher intensity locations. Design speed is 30-35 mph.

(2)

Slow. Drivers generally proceed carefully with an occasional stop to allow a pedestrian to cross or another car to park. The character of the thoroughfare should make drivers uncomfortable exceeding the design speed due to the presence of parked cars, sense of spatial enclosure from buildings and street trees, tight turning radii, and other design elements. Design speed is twenty to twenty-five miles per hour.

(3)

Yield. Drivers generally proceed slowly, with caution, and yield to approaching traffic when vehicles are parked on both sides of the thoroughfare creating essentially one through lane. A Yield thoroughfare is the functional equivalent of traffic calming. In addition to Yield movement use on normal thoroughfares, this movement is used for alleys and rear lanes. For these applications, the primary purpose is access to rear loaded driveways/access for residential and commercial property. The travel lane for Rear Lanes can be configured for one-way or two-way operation. When used for two-way travel, parking is required on both sides of street in order to facilitate the Yield movement type and drivers exiting garages or driveways will need to yield to those vehicles occupying the lane; therefore, the number of properties connected to the rear lane should be considered.

N. Definitions

No specialized terms beginning with the letter N are defined at this time.

O. Definitions

Open Space. See "Civic Space."

Open Zone. A sub-zone within a Zone that allows for a greater range of land uses within the zone's building form standards.

Overhead Doors. Doors constructed in horizontally hinged sections that are equipped with hardware that rolls the sections into an overhead position, clear of the opening.

P. Definitions

Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

Passive Recreation. See "Recreation, Passive."

Path of Travel. A continuous, unobstructed way of pedestrian passage.

Pedestrian Shed. An area centered on a major destination. Its size is limited by an average distance that may be traversed at an easy walking pace in a given amount of time from its center to its edge. Pedestrian sheds are used for planning walkable urban areas.

Planting Strips. A landscaped or grassy area located between a street and a sidewalk.

Porch. A covered shelter projecting in front of a building entrance.

(1)

Porch, Engaged. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open. See 17.06.730.C.3.b (Porch: Engaged).

(2)

Porch, Projecting. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides and all habitable space is located behind the setback line. See 17.06.730.C.3.a (Porch: Projecting).

Public Assembly. A gathering of members of the public.

Public Use. A use undertaken by a political subdivision, its agents or assigns.

Q. Definitions

No specialized terms beginning with the letter Q are defined at this time.

R. Definitions

Recessed Entry. An entrance to a building that is set back from the façade of the building.

Recreation, Active. Recreational pursuits usually performed with others and often requiring equipment which required physical alteration to the area in which they are performed. Such areas are intensively used, and include but are not limited to playgrounds, sport courts, baseball/softball and other field sports, and swimming pools.

Recreation, Passive. Recreational pursuits involving existing natural resources which can be carried out with little alteration or disruption to the area in which they are performed. This includes, but is not limited to, such activities as walking, hiking, bicycling, bird and animal watching, and picnicking.

Residential Mixed-Use. Residential uses within the same building as a commercial uses.

Right-of-Way. (R.O.W.) Land, property, or an interest therein, dedicated to transportation purposes.

(1)

Right-of-Way, Public. A right-of-way dedicated to use by the general public.

Rowhouse. See "Townhouse".

S. Definitions

Secondary Wings. A structure physically attached to, and secondary and incidental to, the Main Body of a Main Building.

Service Entries. Building access for service providers.

Setback, Building. The mandatory clear distance between a lot line and a structure.

Setback, Parking. The mandatory clear distance between a lot line and parking.

Shared Parking. Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shopfront. The main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types. See 17.06.730.C.3.f (Shopfront).

Sidewalk. A paved right-of-way intended exclusively for pedestrian use and often installed between a street and lot frontages.

Street, Front. Street located along the front lot line of a lot.

Street, Side. Street located along a lot line of a lot that is not along the front lot line.

Stoop. The main facade of the building is near the frontage line, and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks. See 17.06.730.C.3.c (Stoop).

Storefront. The portion of a shopfront frontage composed of the display window and/or entrance and its components, including windows, doors, transoms and sill pane.

(1)

Story, Half. A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows.

Structure. An improvement permanently attached to real property.

T. Definitions

Tandem Parking. A parking space deep enough to allow two cars to park, one behind the other.

Terminated Vista: A location on the Regulating Plan at the axial conclusion of a Thoroughfare. A building located at a terminated vista is required to be designed in response to the axis.

Thoroughfare. A way for use by vehicular, pedestrian, and bicycle traffic that provides access to lots and open spaces, and that incorporates vehicular lanes and public frontages. See 17.06.710.C (Thoroughfare Standards).

Townhouse. The Townhouse Building Type is a small- to medium-sized typically attached structure that consists of 2-8 Townhouses placed side-by-side. This type may also occasionally be detached with minimal separations between the buildings. This type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately-scaled, welldesigned higher densities and is important for providing a broad choice of housing types and promoting walkability. See 17.06.730.B.3.a (Townhouse).

Transit Stop. A location where buses stop to load and unload passengers. A transit stop sometimes includes a shelter or a dedicated platform along the sidewalk.

U. Definitions

Unit. A discrete portion of a building.

Upper Floor. A floor in a building containing habitable space that is located above the ground floor.

V. Definitions

No specialized terms beginning with the letter V are defined at this time.

W. Definitions

Walkable Urban Development Pattern. Refers to areas pedestrian-oriented in nature and that contain services, retail, or restaurants within a short walking distance, i.e. historic neighborhoods, Downtown.

Walkway. A paved way located on one or more lots, used for pedestrian traffic and used exclusively by the lot owner or owners, their guests and invitees.

(Ord. No. 927, § 4 (Exh. 2), 11-27-2018; Ord. No. 991, § 4(Exh. A, § 23), 1-27-2026)

==> picture [321 x 481] intentionally omitted <==

(Ord. No. 927, § 4 (Exh. 3), 11-27-2018)

FORM-BASED ZONE SUMMARY TABLE Downtown Rohnert Park Form-Based Code Rohnert Park, California July 2018

at Upper Floor(s)

25' max.

35' max.

All upper floors shall have a primary entrance along the front

(Ord. No. 927, § 4 (Exh. 4), 11-27-2018)

Article XV. - Form-Based Codes for Special Areas

A.

Intent and Purpose. The intent of this section is to continue implementation of the guiding objectives set forth in the Rohnert Park General Plan relating to compact urban form, increased connectivity between neighborhoods, designation of mixed-use and pedestrian-oriented centers, development of a variety of housing types within all neighborhoods, and development of a network of trails, parks and land use patterns that maximizes accessibility to parks and commercial centers.

B.

Definitions. For the purposes of any land use regulations adopted pursuant to this article, the following definitions apply:

"Development Code" means a set of land use regulations adopted in conformance with the general plan that provide the standards for development. All actions and undertakings necessary for project planning, land acquisition, demolition, or construction of a project must conform with the regulations of the development code before approval. A development code is also known as a zoning code.

"Form-based Code" means a code that uses physical form (rather than separation of land uses) as the organizing principle. A form-based code is an alternative to conventional zoning. Form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes, presented in both diagrams and

words, correspond to a regulating plan that designates the appropriate form and scale (and therefore, character) of development rather than solely distinctions in land-use types.

"Regulating plan" means a zoning map or plan that delineate the boundaries of individual zones, transect zones, civic zones, special districts, and special requirements, if any, of areas subject to regulation by a form-based code.

"Transect zone (or T zone)" means one of several areas on a zoning map or regulating plan regulated by the form-based code. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to building use, density, height, and setback requirements, other elements are integrated, including without limitation private lot, building and public frontage.

C.

Establishment of Form-Based Codes. In order to further the goals and policies of the general plan, the city council may adopt and amend form-based codes for planned development or specific plan areas identified in the general plan, or for other geographically discrete areas within the Rohnert Park Planning Area (sphere of influence) as may be specified by the city council. Such codes may provide for, among other subjects, the establishment of building design, site design, and other design-related standards that, once adopted, shall apply to proposed development or in any areas of the city subject to the codes. The codes may utilize regulations such as transect-based, form-based coding, with regulating plans or similar mechanisms prescribing appropriate land uses. Regulations may also contain project and site design principles relating to appropriate building types, housing mix, integration of land uses, pedestrian orientation, streetscape, and public spaces in the subject area.

D.

Adoption or Amendment. The adoption or amendment of a form-based code, or the boundaries of any zones established by a form-based code or regulating plan, shall be carried out in accordance with the procedures outlined in Chapter 17.25, Article VII (commencing with Section 17.25.070) of this title.

E.

Applicability. After a form-based code is adopted for a particular planned development or specific plan area identified in the general plan, or for any other geographically discrete area of the Rohnert Park Planning Area as may be specified by the city council, the building design and site design standards and any and all other land use and development requirements, standards, regulations, or other provisions set forth in such code shall apply to all development within the geographic boundaries established by and for the code notwithstanding any other provision of this article to the contrary. Whenever the requirements, standards, regulations, or other provisions of a form-based code conflict with the requirements, standards, regulations or other provisions set forth in the Municipal Code, the requirements, standards, regulations, or other provisions in the form-based code shall govern.

F.

Operation and Enforcement of Form-Based Codes. Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted form-based code shall constitute a violation of the Municipal Code. All such violations shall be subject to the enforcement provisions of any applicable local or state law, including without limitation Chapter 17.25 Article XIII (commencing with 17.25.130).

(Ord. No. 823, § 2, 9-14-2010)

Article XV.A. - Sonoma Mountain Village Planned Development Zoning District[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 952, § 4(Exh. A), adopted Mar. 23, 2021, amended Art. XV.A in its entirety to read as herein set out. Former Art. XV.A, §§ 17.06.810—17.06.870, pertained to similar subject matter, and derived from Ord. No. 824, § 2(Exh. A), adopted Sept. 14, 2010.

A.

Authority. The adoption of the SOMO Village Planned Development Zoning District (SVPD) is authorized under the Zoning Ordinance of the City of Rohnert Park (Rohnert Park Municipal Code Title 17, the "Zoning Ordinance"). Specifically, the SVPD is adopted pursuant to the regulations set forth in Chapter 17.06, Article VII and Chapter 17.06 Article XV, to provide the "specific development standards designed for that particular district, including minimum lot sizes, setbacks and open space requirements, architectural and landscaping guidelines, and maximum building heights and lot coverage."

The SVPD is based on the authority vested in the City of Rohnert Park by the State of California, including but not limited to: The California Constitution (Article XI, Section 7, et seq.); the Planning and Zoning Law (California Government Code Sections 65000, et seq.); and the California Environmental Quality Act (California Public Resources Code Section 21000, et seq.; California Code of Regulations Title 14, Section 15000, et seq.).

B.

Purpose. The development code serving the SVPD is intended to create a well-designed, pedestrian-oriented, economically viable neighborhood, and to achieve the related goals below.

The development code describes the required urban and architectural design patterns, while also regulating the uses of the buildings and lots within the SV Planned Development area. The development code specifies the permitted residential densities and intensity of the development that may be achieved under the Planned Development. It also describes and regulates the design of the public space network that provides the framework and infrastructure for the SOMO Village property, focusing on a circulation network that balances the use of all travel modes, including automobiles, pedestrians, bicycles and public transit.

The development code in the SVPD is designed to be used both as a guide for builders, to allow them to understand from the outset the parameters that the community has set for development, and also as a regulating framework for the City as it plans its investment in capital projects and evaluates the design of proposed building projects. This will improve the quality of design proposals that the City receives, the speed and quality of the design review process, and the value of the City's cumulative reinvestment in the public realm.

(Ord. No. 952, § 4(Exh. A), 3-23-2021)

A.

Applicability.

1.

Applicable Area. All property within the boundaries of the SV Planned Development shall be subject to the provisions of this Chapter 17.06 Article XV.A. SV Planned Development boundaries comply with Section 17.02.070.C.2. of the Zoning Ordinance.

Applicability Of Zoning Ordinance and Municipal Code. In conformance with Zoning Ordinance Section 17.06.210.B, the applicable general standards of the Zoning Ordinance shall apply to all portions of this Article for which no specific standards are proposed. Moreover, unless expressly addressed in this Article, provisions of the Municipal Code shall apply within SVPD boundaries.

3.

Applicability of Development Code. The SVPD applies to all land uses, subdivisions, and development within the SV Planned Development area, as follows:

a.

New land uses or structures and/or changes to land uses or structures. It shall be unlawful, and a violation of this development code for any person to establish, construct, reconstruct, enlarge, alter, or replace any use of land or structure, except in compliance with the Transect Zones and Development Standards in Sections 17.06.850 and 17.06.860, respectively. No Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this development code.

b.

Minimum and exclusive standards. The requirements of this development code are minimum standards for the promotion of the public health, safety, and general welfare and may be made more restrictive through City review and entitlement processes, including Administrative Permits, Use Permits or subdivision review in accordance with Title 17 of the Municipal Code.

c.

Conflicting Requirements.

1.

Uniform Building Code. If a conflict occurs between a provision of the Uniform Building Code, as may be amended by the City, and a requirement of this development code, the Building Code shall control.

2.

California Fire Code. If a conflict occurs between a provision of the California Fire Code, as may be amended by the City, and a requirement of this development code, the California Fire Code shall control.

3.

Development Agreements. If conflicts occur between the requirements of this development code and standards adopted as part of any Development Agreement, the requirements of the Development Agreement shall apply.

d.

Other requirements may apply. Nothing in this development code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other local, State or Federal agency.

B.

Responsibility for Administration. The SVPD regulations shall be administered by the Development Services Director, referred as the "Director," and the other decision-making authorities as identified in the Municipal Code. All findings, approvals, determinations, or other exercises of discretionary judgment, including without limitation any delegation of authority by the Director or other decision-making authorities, shall be carried out in a manner consistent with the purposes of the SVPD, the Zoning Ordinance, the City's General Plan, and the orderly development of the City.

C.

Interpretation. In addition to the provisions governing interpretation of zoning districts provided at Section 17.2.40 of the Zoning Ordinance, the standards, requirements, densities, land use designations and other contents of this Article XV.A shall be interpreted in conformance with:

a.

The City of Rohnert Park General Plan (pursuant to Zoning Ordinance Section 17.06.230);

b.

The Zoning Ordinance, including all provisions applicable to Planned Development Zoning Districts (Chapter 17.06, Article VII), Form-Based Codes (Chapter 17.06, Article XV), and all other applicable provisions; and

c.

The Purpose described at Section 17.06.810 (B), above.

To the extent any standard, requirement, density, land use designation, or other content of this Article XV.A is ambiguous or may conflict with the Zoning Ordinance, the standard, requirement, density, land use designation, or other content of this Article shall prevail.

D.

Approval Requirements. Each structure and land use shall be established, constructed, reconstructed, enlarged, altered, moved or replaced in compliance with the following requirements:

1.

Allowable Use or Function. The land use or function must be allowed by the standards in the zone where the site is located.

2.

Entitlements and Approvals. Any and all entitlements or other approvals required by this development code shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation.

3.

Development Standards. The regulation of lot sizes, setbacks, open space requirements, architectural and landscaping standards, maximum building height, lot coverage, and all other development standards are provided in Sections 17.06.850 and 17.06.860, (including all Tables referenced therein).

4.

Design Review. For a project requiring Design Review, prior to processing an application subject to the SVPD, an applicant must obtain written approval from the SOMO Village Design Review Board (SV DRB) that the project meets the requirements of the SV Design Standards. Design Review shall be required for all original construction within the SV Planned Development area and written approval of such construction by the SV DRB shall be provided with applications to the City.

application subject to the SVPD, an applicant must obtain written approval from the SOMO Village Design Review Board (SV DRB) that the project meets the requirements of the SV Design Standards. Design Review shall be required for all original construction within the SV Planned Development area and written approval of such construction by the SV DRB shall be provided with applications to the City.

Applications for building permits, grading permits and any other land use entitlements submitted to the City shall be accompanied by a form(s) completed by the SV DRB providing at a minimum: Detailed property and use information, transect zone use and development standard compliance, including Floor Area Ratios (FARs), densities, building

disposition, setbacks, lot coverage, heights, parking, frontages, landscaping, fences, lighting, street widths and types. No application submitted to the City will be accepted without a completed SV DRB approval form.

5.

Permitted Uses. The regulation of permitted, conditionally-permitted, administratively-permitted, or otherwise limited or prohibited land uses are provided at Section 17.06.840 and are consistent with the land use requirements of SV's Final Development Plan. Applications for conditional use permits, administrative permits and any other type of land use permit shall be processed in accordance with Chapter 17.25 of the Municipal Code, Administrative and Enforcement Procedures.

6.

Zoning Compliance. A Certificate of Zoning Compliance shall be required for all development within SVPD boundaries, as provided at Chapter 17.25, Article VI, of the Municipal Code (commencing with Section 17.25.060). Applications shall be processed in accordance with relevant provisions of the Municipal Code, including without limitation, Sections 17.25.062, 17.25.063, 17.25.102 and 17.25.103.

7.

Exemption from Site Plan and Architectural Review. Site plan and architectural review are addressed in this Article XV.A, or the SV Design Standards. The provisions at Chapter 17.25, Article III, of the Municipal Code (commencing with Section 17.25.030) shall not apply to projects that are located entirely within SVPD boundaries.

E.

Design Review.

1.

Purposes and Application.

a.

The SV DRB shall ensure compliance with the SV Design Guidelines; produce a harmonious, pleasing and desirable appearance of sites, structures and signs through the review of the site and building design in the SVPD area including, but not limited to, materials, textures, colors and such other elements of construction which affect the exterior

appearance of structures; and encourage originality in site design, building design, and construction in a manner which will enhance the physical appearance and attractiveness of the community.

b.

Site and architectural design review provisions shall apply to any permitted, conditionally permitted, administratively permitted or use listed within the SVPD.

2.

Design Review Board. The SV DRB shall consist of a total of three members, appointed as follows:

a.

One design professional selected by the City Manager;

b.

One staff member selected by the City Manager; and

c.

One member selected by SOMO Village, LLC or its successor-in-interest.

3.

Design Review Requirements.

a.

Some projects may qualify for Minor Design Review, a more expedited process for smaller buildings and minor remodels. See section F (Minor Design Review).

b.

Design review is required for the following:

1.

Any new building;

2.

Any new use or existing use or building for which exterior remodeling is proposed, including without limitation exterior surface improvement, such as painting, sand blasting, veneer and stucco surface;

c.

The establishment or remodeling of any on-premise sign or other advertising structures, shall be regulated under Chapter 17.27 of the Municipal Code;

d.

Architectural design parameters in the SV Design Standards shall consist of the following:

1.

Architecture and design principles related to building design, particularly in terms of scale, bulk, mass, color, texture and form;

2.

Review of proposed development in the context of the surrounding land use and structures.

e.

Site design standards shall consist of the following:

1.

SV development standards for circulation, parking, setbacks and landscape design issues;

2.

Site planning principles.

Exemptions. The following structures and improvements are exempt from design review. However, such structures may require additional permits, such as a use permit or building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.

1.

Projects that qualify for Minor Design Review according to section F below.

2.

An addition to a single-family residential home that is consistent with existing zoning.

3.

Accessory structures consistent with relevant provisions of the Rohnert Park Municipal Code.

4.

Repairs and maintenance of site improvements or structures that do not add to, enlarge, or expand the area occupied by the land use or the floor area of the structure and do not significantly alter the appearance of site improvements or structures.

5.

Changes to site plan elements that are not specifically required by this code (e.g., decorative elements and landscaping that are not specifically required by code).

6.

Public art programs, projects, and improvements to existing sites, structures, utilities, and infrastructure authorized by City Council or designee.

7.

Changes to site plan elements that are specifically required by this code but do not significantly alter the design or function of the site plan.

8.

Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.

9.

Accessory dwelling units subject to California Government Code Section 65583.1.

10.

Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric, or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, water tanks, and similar facilities and equipment).

5.

Drawings to be Submitted.

a.

Drawings shall be submitted to the SV DRB with an application for any site plan review, conditional use permit, planned unit development, tentative subdivision map, tentative parcel map, or administrative approval permit.

1.

Architectural drawings, drawn to scale, showing all elevations of the proposed structures by point of compass, as they will appear upon completion of construction. All exterior surfacing materials and colors shall be specified.

2.

Scale drawings of all signs by point of compass that are subject to architectural design review, showing size, location, material, colors and any proposed illumination.

3.

The SV DRB may require additional information of the applicant if necessary to carry out the purposes of this section.

6.

Referral and Action.

a.

The SV DRB shall act to approve, deny or require modifications of the drawings submitted for DRB review within thirty days of the determination by the SV DRB that the application for Design Review is deemed complete as specified in the SV Design Standards.

b.

The authority of the SV DRB with respect to site and building design shall extend to reviewing the plans and making recommendations to the appropriate City permitting authority or for all other discretionary entitlements. Any appeal of the SV DRB recommendations shall be in accordance with Chapter 17.25, Article XII.

F.

Minor Design Review.

1.

Purpose. The purpose of the minor design review process is to establish expedited limited discretionary review of development projects that require additional site and design considerations beyond the minimum standards of the zoning code.

2.

Applicability.

a.

Permit Required. Minor design review is required for the following, and applies to all modifications to site plans, building plans, facade changes, etc., when the visual appearance of site or building elements is altered:

1.

New construction or expansions of existing nonresidential buildings or structures equal to or less than one thousand five hundred square feet in all Transect Zones.

2.

Nonresidential facade renovations that involve less than two hundred linear feet of facade frontage of an existing building.

3.

The exterior remodel of multifamily residential buildings or structures.

3.

Approval Authority. A minor design review permit shall be issued based on a limited discretion decision by the Development Services Director.

4.

Approval Findings. The approval authority shall approve or conditionally approve an application for a minor design review permit after finding all of the following:

a.

The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable design guidelines.

b.

The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

c.

The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, screening of exterior appurtenances, exterior lighting and signing, and similar elements, establishes a clear design concept and is compatible with the character of existing or anticipated buildings on adjoining and nearby properties.

d.

The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

If the approval authority does not make all of the above findings, the minor design review shall not be approved.

5.

Conditions Of Approval. The Development Services Director may require modifications to plans in whole or in part and may condition the design review application to ensure specific design features, construction materials, and conformance with all applicable provisions of this chapter.

6.

Appeals. Appeals of a minor design review permit may be filed in accordance with procedures of the Development Services Division.

Permit Expiration. Minor design review permits shall expire three years from the date of approval, unless:

a.

Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; actual occupancy of an existing building or land occurs under the terms of the permitted use.

b.

An extension is filed for and approved in accordance with procedures of the Development Services Division. Notice of expiration of a minor design review permit shall be issued to permit holder in writing at least ten days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final.

G.

Administrative Use Permit. An applicant seeking an administrative use permit will follow the procedures set forth in the City of Rohnert Park's Zoning Code, Chapter 17.25, Administrative and Enforcement Procedures, Article V, Administrative Permit.

H.

Minor Modifications.

1.

Purpose. The purpose of a minor modification is to enable the Department Director to approve minor deviations from the SMVPD standards when requests constitute a reasonable use of property but are not otherwise permissible under the strict application of the SMVPD.

2.

Applicability.

a.

This Subsection is applicable to all development standards of the SMVPD.

b.

The Department Director may approve a minor modification only after first determining that the requested modification meets the findings specified in Subsection 4 (Findings for a Decision on a Minor Modification).

c.

A minor modification may be approved as specified below in Table A (Minor Modifications).

d.

An authorization to approve a minor modification does not extend to making any changes in the uses permitted in any zone.

3.

Application Filing and Processing. The application shall be filed with the Department Director and include the information and materials in the most current planning department publication for applications together with the required fee as specified in the City fee schedule. The applicant is responsible for providing evidence in support of the findings required by Subsection 4 (Findings for a Decision on a Minor Modification).

4.

Findings for a Decision on a Minor Modification. The Department Director may approve, conditionally approve, or deny a minor modification application, only after each of the following findings are made:

a.

There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of the SMV P-D could deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

b.

The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property;

c.

The requested minor modification will not allow the establishment of a use that is not otherwise allowed in the zone;

d.

Granting the minor modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

e.

The development is consistent with the General Plan;

f.

The requested minor modification provides the minimal relief necessary to achieve the intent of the SMVPD; and

g.

The development complies with all applicable standards of this Section and Chapter 17.25 (Administrative and Enforcement Procedures).

5.

Review and Decision.

a.

Each minor modification application shall be reviewed on an individual case-by-case basis. The approval of a prior minor modification is not admissible evidence for the approval of a new minor modification.

b.

The decision of the Department Director may be made without the need for a public hearing. Unless appealed, a decision by the Department Director shall become final on the eleventh day following the day the decision is rendered.

c.

A decision on a minor modification may be appealed pursuant to Chapter 17.25, Article XII (Appeals).

6.

Lapse of Approval Extension and Renewal.

a.

A minor modification shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

i.

A building permit has been issued and construction has diligently commenced;

ii.

A certificate of occupancy has been issued;

iii.

The use is established; or

iv.

The minor modification is renewed in accordance with Subsection 6.b.

b.

A minor modification approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the minor modification is filed with the planning and community director. The

Department Director may grant the renewal if the original findings of approval remain satisfied. If the Department Director denies the renewal request, the applicant has ten calendar days to appeal the decision to the Planning Commission in compliance with Chapter 17.25, Article XII (Appeals).

(Ord. No. 952, § 4(Exh. A), 3-23-2021)

The SV Zoning and Regulating Plan shows the zoning using "Transects," a term explained below. The Regulating Plan also shows zones for parks and other civic spaces, and the locations where shop fronts are permitted and required.

A.

Transect Zones. The term "Transect" is used in mixed-use planned developments to define zones in which a wide variety of uses may occur, but which have distinctly different levels of density, lighting, noise and development regulation. Figure 1 shows the progression of increasing density from left to right. The intensity increases from low in the T1 Natural Zone to high in T6 Urban Core. In addition to regulating such factors as building height, setbacks and road types, transects are also used to regulate allowed uses. For example, a detached single family home is allowed in the lower density T3 and T4 but not in the higher density T5 or T6, and a grocery store is allowed in T5 and T6 but not in T3 or T4.

The SVPD contains five of the seven transect zones depicted below: T3, T4, T5, T6 and T7.

Figure 1. Illustrated Definition of Mixed-Use Transects

==> picture [421 x 267] intentionally omitted <==

In addition to the transects described above, the SVPD has three additional zones for civic spaces, CB for civic buildings, CS for civic spaces (parks and recreational fields), and CP for civic parking (structured parking).

B.

Regulating Plan Map. The Zoning and Regulating Plan map is on the following page.

Figure 2. SVPD Zoning and Regulating Plan

==> picture [364 x 469] intentionally omitted <==

(Ord. No. 952, § 4(Exh. A), 3-23-2021)

Pursuant to Section 17.06.220 of the Municipal Code, this section describes the permitted uses in each transect and/or other zone within the SVPD and the circumstances under which such uses are allowed.

A.

Application. The uses listed in Table 1 shall be permitted by right, conditionally permitted, administratively permitted, or otherwise limited or prohibited as indicated therein. It is recognized that in the preparation of the development code, ambiguity may arise concerning the appropriate classification or permission of an unlisted particular use in each of the various transects. Uses that are not specifically listed on Table 1 or which are not otherwise designated as permitted, conditionally permitted or administratively permitted, are prohibited unless determined by the Planning Commission to be a similar and/or compatible use in accordance with Section 17.06.840(B) below.

B.

Approval of Uses Not Listed.

a.

Planning Commission Findings. The City's Planning Commission shall be responsible for determining whether an unlisted use is similar and/or compatible to a listed use and thus allowed within a particular transect. Similar and/or compatible uses which are not listed in Table 1 may be allowed if the applicant obtains written approval from the SV DRB and the Planning Commission is able to make all of the following findings:

1.

The characteristics of and activities associated with the proposed use is similar to one or more of the listed uses within the applicable transect;

2.

The proposed use will not involve a greater intensity than the use(s) listed in the applicable transect;

3.

The proposed use is consistent and compatible with the purposes of the applicable transect;

4.

The proposed use is consistent with the goals of the SVPD Article XV.A, the City of Rohnert Park General Plan, and all other applicable regulations;

5.

The proposed use will not cause substantial injury to the health, safety or welfare of the occupants or their property with the applicable transect.

b.

Applicable Standards and Permit Requirements. When the Planning Commission determines that a proposed use is similar and/or compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this development code apply.

c.

Appeal. A similar and/or compatible use determination by the Planning Commission may be appealed to the City Council as set forth in Chapter 17.25, Article XII, of the Municipal Code (commencing with Section 17.25.120).

C.

Multiple Uses on Single Lot. Where a single lot is proposed to be simultaneously occupied by two or more uses listed Table 1, the overall project shall be subject to the most stringent permit level required for any individual use. (For example, a lot proposed for development or occupancy with a use listed as P (permitted), and also a use listed as CUP (conditionally permitted) shall require Conditional Use Permit approval for all development and uses.)

D.

Land Use Table. The follow terms are used in the Land Uses table. Note that an asterisk indicates that the use is subject to the applicable provisions of Chapter 17.07 of the Municipal Code.

a.

Permitted Uses ("P"). The use shall be permitted by right.

b.

Conditionally Permitted Uses ("CUP"). The use shall be permitted, subject to the issuance of a Conditional Use Permit pursuant to Chapter 17.25, Article I, of the Municipal Code (commencing with Section 17.25.010).

c.

Administratively Permitted Uses ("A"). The use shall be permitted, subject to the issuance of an Administrative Permit pursuant to Chapter 17.25, Article V, of the Municipal Code (commencing with Section 17.25.050).

Table 1. Land Uses

1 Only allowed on the ground floor where shop front or gallery is not required.

2 For live-work units, see the Residential category.

3 A single story building with a taller story of up to twenty-five feet is allowed for this use.

4 Paraphernalia stores are subject to Chapter 8.33 of this code.

5 Smoking/tobacco stores are subject to Chapter 8.32 of this code.

6 Permitted at Village Center Civic Space only. Requires CUP elsewhere.

7 Minimum twenty feet away from property line.

8 For residential greenhouse, see Accessory Building under Residential. Note that the minimum two-story requirement does not apply to the greenhouse use.

9 Only if and when subject to an effective development agreement. Otherwise, the use is prohibited.

(Ord. No. 952, § 4(Exh. A), 3-23-2021; Ord. No. 960, § 6, 3-22-2022; Ord. No. 991, § 4(Exh. A, § 24), 1-27-2026)

The SVPD zones are referred to as "Transect zones" or "T zones" as defined in Section 17.06.800.B. Pursuant to Section 17.06.210.B. of the Municipal Code, the following sections describe the specific development standards for each of the transect zones within the SVPD.

A.

Specific Requirements for T3—Sub-Urban Zone. T3 Sub-Urban Zone consists of low density residential areas, adjacent to higher density zones with limited mixed use. Home occupations and accessory buildings are allowed. Planting is naturalistic and setbacks are relatively deep. The standards in this section shall apply only to properties located in areas designated T3 on the Zoning and Regulating Plan. See the Land Uses table for details on the allowed uses.

1.

Density and Block Size.

a.

The residential density may range from two to nine units per gross acre.

b.

The maximum block perimeter is two thousand feet, measured at the Lot Line.

2.

Building Disposition.

a.

Lots may be sixty to one hundred twenty feet wide at the Principal Frontage.

b.

Allowed lot configurations:

Edge yard.

2.

Courtyard.

c.

The front of the Principal Building shall be at least fifty percent as wide as the Principal Frontage.

d.

Buildings shall be set back from the frontages and centerline of the alley as shown.

==> picture [330 x 182] intentionally omitted <==

---

e.

Accessory buildings must be set back a minimum of forty feet from the Principal Frontage.

f.

Encroachments:

1.

Stoops, bay windows and open porches may encroach on these setbacks up to fifty percent; a minimum of three feet clear must be maintained on three sides.

2.

Encroachments of up to three feet are allowed at the rear between garage driveways so long as twenty foot clear is maintained in the alley.

3.

Building Height.

a.

The maximum building height is one story for the principal building and for an accessory building.

==> picture [374 x 149] intentionally omitted <==

b.

The one story shall not exceed fourteen feet clear, floor to ceiling.

4.

Allowed Private Frontages.

a.

Common Yard.

b.

Porch and Fence.

Fences.

a.

Fences must be setback from the Principal Frontage at least ten feet more than the front Facade, and may occupy no more than thirty percent of the Lot width on the Principal Frontage and no more than fifty percent of the Lot width on the Secondary Frontage.

6.

Landscaping.

a.

A minimum of one tree shall be planted within the setback from the Principal Frontage.

b.

Food gardens are allowed in Private Frontages, private yards, and Public Frontages.

c.

Turf area is limited to thirty percent of the landscaped area within the Principal and Secondary Frontages.

d.

Streets trees are required. See Section 17.06.870.F. for details.

B.

Specific Requirements for T4—General Urban Zone.

T4 General Urban Zone consists primarily of medium density residential. It has a diversity of building types including single family detached homes and townhomes. The standards in this section shall apply only to properties located in areas designated T4 on the Zoning and Regulating Plan.

1.

Density and Block Size.

a.

The residential density may range from six to thirty units per gross acre.

b.

The maximum block perimeter is two thousand feet, measured at the Lot Line.

2.

Building Disposition.

a.

Lots may be eighteen to ninety feet wide at the Principal Frontage

b.

Allowed lot configurations:

1.

Edge Yard.

2.

Zero Lot Line.

Rear Yard.

Courtyard.

c.

The front of the Principal Building shall be at least sixty percent as wide as the Principal Frontage.

d.

Buildings shall be set back from the frontages and centerline of the alley as shown.

==> picture [348 x 193] intentionally omitted <==

e.

Accessory buildings must be set back a minimum of thirty feet from the Principal Frontage.

f.

Encroachments:

1.

Stoops may encroach one hundred percent of the depth of a setback.

2.

Open porches and awnings may encroach up to fifty percent of the depth of the setback.

3.

Balconies and bay windows may encroach up to twenty-five of the depth of the setback.

4.

Encroachments of up to three feet are allowed at the rear between garage driveways so long as twenty foot clear is maintained in the alley.

3.

Building Height.

a.

The maximum building height is three stories for the principal building and two stories for an accessory building.

b.

The minimum building height is one story.

==> picture [302 x 150] intentionally omitted <==

c.

Each story shall not exceed fourteen feet clear, floor to ceiling.

d.

For fire access, any building having a clear street width of less than twenty-six feet shall be limited to two stories or shall have other such provisions as to accommodate fire access to the roof. Roof access could be provided with a ladder access point at a maximum height of twenty-one feet or a continuous connection to an adjacent accessible roof.

Allowed Private Frontages.

a.

Porch and Fence.

b.

Terrace.

c.

Forecourt.

d.

Stoop.

e.

Shopfront and Awning.

f.

Gallery.

Fences.

a.

Fences must be setback from the Principal Frontage at least five feet more than the front Facade, and may occupy no more than thirty percent of the Lot width on the Principal Frontage and no more than fifty percent of the Lot width on the Secondary Frontage.

6.

Landscaping.

a.

A minimum of one tree shall be planted within the setback from the Principal Frontage.

b.

Food gardens are allowed in Private Frontages, private yards, and Public Frontages.

c.

Turf area is limited to thirty percent of the landscaped area within the Principal and Secondary Frontages.

d.

Streets trees are required. See Section 17.06.870.F. for details.

C.

Specific Requirements for T5—Urban Center Zone. T5 Urban Center Zone consists of higher density buildings that accommodate a mix of uses. Allowable uses include retail, office, townhomes and apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. The standards in this section shall apply only to properties located in areas designated T5 on the Zoning and Regulating Plan.

1.

Density and Block Size.

a.

The residential density may range from fifteen to forty-five units per gross acre.

b.

The maximum block perimeter is two thousand one hundred feet, measured at the Lot Line.

2.

Building Disposition.

a.

Lots may be eighteen to two hundred fifty feet wide at the Principal Frontage.

b.

First story commercial is permitted throughout and is required at mandatory shop fronts per the Zoning and Regulating Plan.

c.

Allowed lot configurations:

1.

Zero Lot Line.

2.

Rear Yard.

3.

Courtyard.

d.

The front of the Principal Building shall be at least eighty percent as wide as the Principal Frontage.

e.

Buildings shall be set back from the frontages and centerline of the alley as shown.

==> picture [352 x 192] intentionally omitted <==

f.

Accessory buildings must be set back a minimum of thirty feet from the Principal Frontage.

g.

Encroachments:

1.

Stoops may encroach one hundred percent of the depth of a setback.

2.

Open porches may encroach up to fifty percent of the depth of the setback.

3.

Awnings may encroach up to one hundred percent of the depth of the setback, and may overhang the public sidewalk by up to six feet.

Balconies and bay windows may encroach up to twenty-five percent of the depth of the setback.

5.

Encroachments of up to three feet are allowed at the rear between garage driveways so long as twenty foot clear is maintained in the alley.

3.

Building Height.

a.

The maximum building height is five stories for the principal building and two stories for an accessory building.

b.

The minimum building height is two stories for a residential principal building and two stories for a mixed-use or nonresidential building except for special uses noted in Table 1, Land Uses.

==> picture [330 x 182] intentionally omitted <==

c.

Each story above the ground floor shall not exceed fourteen feet clear, floor to ceiling. All renovations to buildings constructed prior to January 1, 2010 are exempt from this ceiling height limit.

d.

For fire access, any building having a clear street width of less than twenty-six feet shall be limited to two stories or shall have other such provisions as to accommodate fire access to the roof. Roof access could be provided with a ladder access point at a maximum height of twenty-one feet or a continuous connection to an adjacent accessible roof.

e.

First floor residential or lodging shall be raised a minimum of two feet and a maximum of four feet above the average sidewalk grade.

4.

Expression Line.

a.

The street level facade of any building with a shopfront shall be distinguished from the remainder of the building with a horizontal expression line on the facade located between the highest point of the second floor and the bottom edge of the third floor windows. The purpose of this architectural feature is to create a comfortable and cohesive public space.

b.

The expression line shall be incorporated into the facade as a permanent design element and shall be created by a change in building material, architectural design, setback, recess, projection, cornices, belt courses, corbelling, molding, stringcourses or other sculptured design element. Where city staff determines that a consistent expression line has been established on adjacent buildings, it shall be continued on any new construction or expansion, or a transitional design element (such as columns, piers, bays or changes in facade materials) between the existing and proposed expression lines may be required.

==> picture [220 x 204] intentionally omitted <==

5.

Allowed Private Frontages.

a.

Terrace.

b.

Forecourt.

c.

Stoop.

d.

Shopfront and Awning.

e.

Gallery.

Fences.

a.

Fences are generally not allowed in the T5 transect zone on the Principal and Secondary Frontages, however, they may be approved in special circumstances.

7.

Landscaping.

a.

Trees are allowed but not required in the Private Frontage.

b.

Streets trees are required. See Section 17.06.870.F. for details.

c.

Food gardens are allowed in Private Frontages, private yards, and Public Frontages.

d.

Turf area is limited to thirty percent of the landscaped area within the Principal and Secondary Frontages.

D.

Specific Requirements for T6—Urban Core Zone. T6 Urban Core Zone consists of the highest density and height, with the greatest variety of uses. It may have larger blocks; streets have steady street tree planting and buildings set close to the wide sidewalks. The standards in this section shall apply only to properties located in areas designated T6 on the Zoning and Regulating Plan.

1.

Density and Block Size.

a.

The residential density may range from twenty-five to seventy units per gross acre.

b.

The maximum block perimeter is two thousand feet, measured at the Lot Line.

2.

Building Disposition.

a.

Lots may be eighteen to two hundred fifty feet wide at the Principal Frontage.

b.

First story commercial is permitted throughout and is required at mandatory shop fronts per the Zoning and Regulating Plan.

c.

Allowed lot configurations:

1.

Rear Yard - which includes buildings at the lot line on frontages and between buildings.

2.

Courtyard.

3.

Zero Lot Line.

d.

The front of the Principal Building shall be at least eighty percent as wide as the Principal Frontage.

e.

Buildings shall be set back from the frontages and centerline of the alley as shown.

==> picture [354 x 192] intentionally omitted <==

f.

Accessory buildings must be set back a minimum of thirty feet from the Principal Frontage.

g.

Encroachments:

1.

Stoops may encroach one hundred percent of the depth of a setback.

2.

Awnings may encroach up to one hundred percent of the depth of the setback, and may overhang the public sidewalk by up to ten feet.

Balconies and bay windows may encroach up to twenty-five percent of the depth of the setback.

4.

Encroachments of up to three feet are allowed at the rear between garage driveways so long as twenty foot clear is maintained in the alley.

3.

Building Height.

a.

The maximum building height is seven stories for the principal building and two stories for an accessory building.

b.

The minimum height is three stories except for special uses noted in Table 1, Land Uses.

==> picture [321 x 193] intentionally omitted <==

c.

Each story above the ground floor shall not exceed fourteen feet clear, floor to ceiling. All renovations to buildings constructed prior to January 1, 2010 are exempt from this ceiling height limit.

d.

For fire access, any building having a clear street width of less than twenty-six feet shall be limited to two stories or shall have other such provisions as to accommodate fire access to the roof. Roof access could be provided with a ladder access point at a maximum height of twenty-one feet or a continuous connection to an adjacent accessible roof.

e.

Residential and Office Uses.

1.

Residential and office uses are not allowed on the ground floor.

Entryways to residential and office uses may be located on the ground floor, and are limited to eight feet of width at the Principal Frontage.

4.

Expression Line.

a.

The street level facade of any building with a shopfront shall be distinguished from the remainder of the building with a horizontal expression line on the facade located between the highest point of the second floor and the bottom edge of the third floor windows. The purpose of this architectural feature is to create a comfortable and cohesive public space.

b.

The expression line shall be incorporated into the facade as a permanent design element and shall be created by a change in building material, architectural design, setback, recess, projection, cornices, belt courses, corbelling, molding, stringcourses or other sculptured design element. Where city staff determines that a consistent expression line has been established on adjacent buildings, it shall be continued on any new construction or expansion, or a transitional design element (such as columns, piers, bays or changes in facade materials) between the existing and proposed expression lines may be required.

==> picture [209 x 193] intentionally omitted <==

5.

Allowed Private Frontages.

a.

Forecourt.

b.

Stoop.

c.

Shopfront and Awning.

d.

Gallery.

Fences.

a.

Fences are generally not allowed in the T6 transect zone on the Principal and Secondary Frontages, however they may be approved in special circumstances.

7.

Landscaping.

a.

Trees are allowed but not required in the Private Frontage.

b.

Streets trees are required. See Section 17.06.870.F. for details.

c.

Food gardens are allowed in Private Frontages, private yards, and Public Frontages.

d.

Turf is not allowed in T6.

E.

Specific Requirements For CS—Civic Space Zone. CS Civic Space Zone consists of parks, playgrounds, concert venues, recreational fields and similar uses. The standards in this section shall apply only to properties located in areas designated Civic Space Zone (CS).

1.

Absence Of Development Requirements. The CS Transect is intended for open space, parkland, and/or habitat preservation only. Thus, no specific design, architectural, or development requirements shall apply to properties located in areas designated Civic Space Zone (CS).

F.

Specific Requirements for CB—Civic Building Zone. CB Civic Building Zone consists of civic buildings appropriate to the location. The standards in this section shall apply only to properties located in areas designated Civic Building Zone (CB).

1.

Absence of Development Requirements.

a.

The CB Transect is intended for development of city buildings and/or civic or public spaces of the City of Rohnert Park and/or other public agencies only.

b.

Control over the design, architectural, and development features in such areas is therefore left to City of Rohnert Park and/or such agencies. Thus, no specific design, architectural, or development requirements shall apply to properties located in areas designated Civic Building Zone (CB).

G.

Specific Requirements for T7—Commercial/Limited Industrial Use. T7 Commercial/Limited Industrial Use consists of commercial/industrial buildings for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, warehousing, storage and distribution, and service commercial type use. Retail activities are generally limited to those that support the aforementioned uses. T7 zone also encompasses pedestrian walkways, open spaces and parking areas adjacent to commercial/industrial buildings. The standards in this section shall apply only to properties located in areas designated Commercial/Limited Industrial Use Zone (T7).

1.

Absence of Development Requirements.

a.

The T7 Zone is intended for commercial and limited industrial use consistent with historical and present uses of buildings at the SV Planned Development.

b.

Control over the design, architectural, and development features in the T7 Zone shall be governed by the development standards set forth in Chapter 17.10 for the C-O, C-N, C-R and I-L as most applicable for a proposed use within the T7 Zone, as reasonably determined by the City of Rohnert Park based. Thus, no separate design, architectural, or development requirements shall apply to buildings located in areas designated Commercial/Limited Industrial Use Zone (T7) except to the extent set forth in Chapter 17.10.

H.

Overlay Districts.

1.

Authority.

a.

The Planning Commission has the authority to establish overlay districts for the purpose of accommodating uses which support the goals of the SVPD but which may not meet the specific criteria of a particular transect zone.

b.

An overlay district may be combined with any other transect zone, which allows compatible densities, by a change in district to include the overlay in accordance with the provisions of Chapter 17.25, Article VII (commencing with Section 17.25.070).

2.

Process.

a.

Define the specific locations on the SVPD Zoning Map.

b.

Define the allowed uses for the overlay zone.

c.

Define special criteria which differ from the underlying transect zone for parking requirements, building disposition, building heights and other elements as needed.

(Ord. No. 952, § 4(Exh. A), 3-23-2021)

17.06.860 - Development standards.

A.

Application. The standards in this section shall apply to all transects within SVPD boundaries.

B.

Bicycle Parking Requirements.

1.

General Requirements.

a.

All the requirements of Municipal Code Section 17.16.140 apply within SVPD boundaries except for the numbers of required spaces which are given below in Section 17.06.860.B.2.

Required Spaces.

a.

All transect zones. One publicly accessible bicycle parking space for every four multifamily dwelling units.

b.

T4 General Urban Zone. On block faces having an entry to a non-residential use, a minimum of one bicycle parking space is required in a highly visible location in the public or private frontage.

c.

T5 Urban Center Zone. On block faces having an entry to a non-residential use, a minimum of two bicycle parking spaces are required in highly visible locations in the public or private frontages.

d.

T6 Urban Core Zone. A minimum of two bicycle parking spaces are required per block face in highly visible locations in the public or private frontages.

e.

T7 Light Industrial Zone. A minimum of two bicycle parking spaces are required per block face in highly visible locations in the public or private frontages.

f.

CS Civic Space Zone. Any civic space of at least 0.25 acres must have a minimum of two bicycle parking spaces. Spaces designed for active play, such as sports fields and jogging tracks, require an additional four bicycle parking spaces per acre.

g.

Civic Building Zone. Provide a minimum of one bicycle parking space for every ten employees plus two for visitors in a highly visible location in the public or private frontage.

C.

Vehicle Parking Requirements. The off-street parking requirements contained in this section are intended to ensure that off-street parking facilities are provided for new land uses and for enlargements of existing uses. Off-street parking facilities may be designed for efficiency by utilizing shared parking criteria as set forth herein.

1.

General Requirements.

a.

On-street parking along the frontage lines of a lot shall be counted toward fulfilling the parking requirements.

b.

When the required number of parking spaces cannot be provided on-site or along the frontage lines of the lot, parking spaces may be provided within one-quarter mile of the lot. In such situations, the property owner of the lot requiring the parking shall enter into a written agreement with the property owner of the off-site location (if different from the property owner of the lot requiring parking). The agreement shall provide for the required number of parking spaces to serve the lot. The terms of any such agreement shall be approved by the Development Services Director or his or her designee.

c.

The standard on-street parallel parking space shall be twenty-three feet long by the width as shown as the Parking Lane on the Street and Alley Plan (Section 17.06.870).

d.

All surface parking shall be in the rear half of a lot.

e.

Parking lots shall be screened from the frontage by a building or street screen.

f.

The vehicle entrance of a parking lot or garage on a frontage shall be no wider than thirty feet. Pedestrian entrances to parking lots and garages shall be directly at a frontage and shall not require a pedestrian to pass through a building or enter through an alley.

g.

Loading docks and service areas are not permitted on the Principal or Secondary Frontages.

Required Vehicle Spaces.

a.

Required Parking. The minimum parking required for a use is given in Table 2 when parking is not shared with another use.

Table 1. Required Vehicle Parking

b.

Shared Parking: When adjacent uses share parking, the required number of spaces is reduced by following this procedure:

1.

Base Parking. Add up the base required parking from Table 2.

2.

Look up the Shared Parking Factor from Table 3. If parking is shared between more than two uses, then select the largest Shared Parking Factor.

3.

Multiply the Base Parking with the Shared Parking Factor to get the actual required parking.

4.

The Shared Parking Factor for Civic and Other uses may be established by the Development Services Director or his or her designee.

Table 2. Shared Parking Factor

3.

Example Vehicle Parking Calculation. To illustrate how parking requirements are calculated, consider the situation in Figure 3. The block has a twelve thousand square foot retail use at A, and fifteen apartments at B. Parking for the block is located around its perimeter and also at the interior of the block. The block is located in transect zone T5.

Step 1. Find the Base Required Parking

From Table 2, the base parking requirements are: For Use A: (3.0/1,000 square feet) x 12,000 square feet = 36 spaces

For Use B: (1.0/dwelling) x 15 units = 15 spaces Total of A + B = 51 spaces.

Step 2. Find the Shared Parking Factor

From Table 3, the Shared Parking Factor is 0.8 for residential sharing parking with retail.

Step 3. Multiply to Obtain the Actual Required Parking

The total actual required parking is then 51 spaces x 0.8 = 41 spaces. These spaces may be located anywhere allowed by Section C, but would generally be located in areas similar to those shown in Figure 3.

Figure 3. Example Parking Calculation Scenario

==> picture [286 x 182] intentionally omitted <==

D.

Signage. Signage requirements for size, type, location, lighting and materials are contained in the SV DRB Design Standards.

E.

Exterior Lighting.

a.

Street lighting requirements are in Section 17.06.870.E.

b.

All other exterior lighting requirements are found in the SV-DRB Design Standards.

F.

Waste.

a.

Containers for recycling of green waste, compost and landfill shall be stored in the rear half of the lot and accessed from the alley.

b.

Provision must be made for recycling of at least aluminum, cardboard, mixed consumer container metals, mixed consumer container plastics, paper and green waste.

c.

If curbside food waste collection is available, containers must be provided.

(Ord. No. 952, § 4(Exh. A), 3-23-2021)