§ 17.08

A.

Purpose. The purpose of this section is to make new and existing commercial buildings available for joint living and work quarters for individuals and families engaged in art-making, small-scale custom manufacturing and similar creative endeavors. The cultural and economic life of the city is enhanced by the residents regularly engaged in the arts. It is the intent of these regulations to:

1.

Allow the reuse of existing buildings as live/work space.

2.

Allow for the construction of new buildings specifically designed for live/work.

3.

Ensure that the permitted commercial uses shall not be interfered with or compromised by the live/work uses allowed under these regulations.

B.

Permitted Use. Live/work uses will be permitted in commercial and mixed-use districts only with approval of a conditional use permit and subject to the following provisions, except as modified by a conditional use permit.

C.

Live/Work Standards. Live/work buildings shall comply with the following standards:

1.

The minimum total gross square footage of a live/work space shall be seven hundred fifty square feet. The maximum density for a live/work development is one live/work space for each three thousand square feet of lot area.

2.

The workspace must meet the requirements of the building code for the type of activity/use being undertaken. The living portion of the unit shall be incidental to the live/work space and the live/work space shall be maintained and classified as a business use.

3.

The parking and loading requirements for live/work shall be the same as for the similar commercial/industrial use. A minimum of two parking spaces per unit shall be provided.

4.

The yard/setback requirements shall be the same as the base zoning designation.

5.

The height limit requirements shall be the same as the base zoning designation.

6.

The permitted work activities shall be in accordance with the base zoning designation.

7.

The reuse of existing commercial or industrial buildings for live/work occupancy shall not necessarily constitute a change of use.

8.

The occupant of a live/work space, by selecting this type of occupancy accepts the conditions found in the area including, but not limited to, industrial noise, pollution, fumes, dirt, traffic, and odors to the extent that they are permitted by law in the base district. The planning commission may include conditions to this effect that would be recorded as part of the approval of a live/work application.

9.

The live/work use must be in compliance with all applicable performance standards.

The living space shall not be rented separately from the working space.

11.

Signs that identify the location of an occupation in a live/work unit provided the sign does not exceed one square foot, is attached to the wall of the building in which the use is housed and is nonilluminated. For building groups that involve four or more live/work units, an integrated sign program shall be required in accordance with Section 17.27.030(B) (Sign programs).

12.

Live/work units shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator.

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

A.

Single Room Occupancy (SRO) Living Unit Facility. An SRO living unit facility may be permitted or permitted with approval of an administrative permit in indicated districts subject to the following conditions:

1.

Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of one hundred fifty square feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five square feet and no individual unit may exceed four hundred square feet;

2.

Each SRO living unit shall be designed to accommodate a maximum of two persons;

3.

An SRO living unit may contain partial kitchen facilities that are built-in and approved by the building department;

4.

Individual SRO living units shall not have separate external entryways;

5.

An SRO living unit shall be provided with a kitchen equipped with a kitchen sink; however, an SRO unit may contain partial kitchen facilities so long as a sink is provided and kitchen facilities are provided on each floor accessible from a public hallway; all complete and partial kitchen facilities shall be built-in and approved by the building department;

6.

An SRO living unit shall be provided with a separate closet and a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower;

7.

The SRO living unit facility shall have a management plan approved by the development services director. The management plan shall contain management policies, operations, rental procedures, and maintenance plans, staffing needs and security procedures. An on-site, twenty-four hour manager is required in every living unit project. The rental

procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans;

8.

Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility shall be located near the interior common space. Washers and dryers shall be coin operated;

9.

A closet and separate storage space, as approved by the development services director, is required in every SRO living unit facility;

10.

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water shall be provided on each floor of the living unit building;

11.

The SRO living unit facility shall provide interior common space at a minimum of four square feet per unit. An SRO living unit facility must provide at least two hundred square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways.

The planning commission or development services director shall deny an application for a SRO living unit facility hereunder where the information submitted by the applicant and/or presented at the public hearing fails to substantiate that the project will comply with these criteria.

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

17.08.070 - Residential Conversion to Nonresidential Uses.

A.

The conversion of a residential use to a nonresidential use shall be allowed upon the issuance of a zoning compliance approval. The proposed use shall be consistent with the underlying zoning district and general plan land use designation(s) for the site, or the designation(s) for the site must be amended to permit the intended the use. In reviewing an application for a conversion the planning and community development director shall consider the potential impacts of the conversion, on surrounding properties and may impose any conditions necessary to mitigate those impacts.

B.

Further, the city council may only approve an amendment to the zoning map or zoning regulations if adequate and available sites remain (refer to the Quantified Housing Objectives in the city's housing element of the general plan) to mitigate the loss of residential density on the subject property to accommodate the city's "Fair Share" regional housing needs used by the State Department of Housing and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b).

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

A.

Purpose. Condominium ownership of property creates a unique distribution and/or aggregation of property rights and responsibilities among a number of persons, which is not inherent in other types of property ownership. This section provides condominium development standards that are consistent with the City of Rohnert Park General Plan and the requirements of the Subdivision Map Act, to insure that a diminution of property rights and responsibilities does not occur. Accordingly the purpose of this chapter is to:

1.

Establish criteria for the conversion of existing multiple family rental housing to condominiums, community apartments, stock cooperatives, and any similar subdivision;

2.

Reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums;

3.

Assure that purchasers of converted housing have been properly informed of the physical condition of the structure being offered for purchase;

4.

Ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the city;

5.

Provide a reasonable balance of ownership and rental housing in the city and a variety of choices of tenure, type, price and location of housing;

6.

Maintain a supply of rental housing for low and moderate income persons; and

7.

Ensure that the conversion of rental housing incorporates affordability opportunities for families of low- and moderateincome households.

B.

Application Submittal Requirements and Procedures. Application for conversion of any rental housing to condominiums, community apartments, and stock cooperatives shall only be accepted for review and processing when no rental shortage exists and when such application includes all materials listed below. A rental shortage shall be deemed to exist when the citywide vacancy rate is five percent or less as determined by a qualified professional and using the average of the past four quarters from a vacancy trend report for local rental markets.

1.

General. All application submittal requirements and procedures as set forth by Title 16 of this code shall be applicable to this section. Application submittal requirements are due at tentative map application in accordance with Title 16.

2.

Physical Elements Report. A report shall be prepared by a California registered civil or structural engineer or California licensed architect describing the physical elements of all structures and facilities and shall include, but not be limited to,

the following:

a.

A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. The report shall state, to the best knowledge or estimate of the applicant and based on existing documentation (e.g., building permit records), when such element was built; the condition of each element; when such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from the current zoning and from the city housing code and city building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

b.

A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

c.

A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy of each submitted with such report.

d.

A statement of necessary repairs and improvements to be made by the subdivider to refurbish and restore the project to achieve a high degree of appearance and safety.

3.

Development Plan. The plan shall include the following information:

a.

Locations, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure. The new and existing elements, features, and structures shall be clearly differentiated on the development plan;

b.

The location and size of parking facilities to be used in conjunction with each condominium unit and any applicable guest parking;

c.

Location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;

d.

Location, height, and type of material for existing and proposed walls and fences;

e.

Location of all landscaped areas, types of landscaping and statement specifying the method of maintenance to be used;

f.

The location and description of recreational facilities and a statement specifying method of maintenance;

g.

A lighting plan;

h.

Location, type and size of all sewer, water and storm drains, drainage pipes and structures depicted or described to the nearest public drain or watercourse;

i.

Location and type of the nearest fire hydrant;

j.

Location, type and size of all on-site and adjacent street overhead utility lines;

k.

Existing and proposed exterior elevations;

l.

Any other information required by the department.

4.

Organizational Documents.

a.

Documents establishing a homeowner's association;

b.

A summary of proposed management, occupancy and maintenance requirements and responsibilities, of individual owners and the homeowner's association;

c.

A statement identifying the units to be designated as inclusionary units available to low and moderate-income households as required by subsection (N)(10) of this section, which shall also be contained in a recorded document;

d.

A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, such as parking facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; and a plan for the equitable sharing of any communal water metering;

e.

A maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas including, but not limited to, recreational facilities, parking facilities, vehicular access

areas, common refuse collection and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. If applicable, maintenance of all building exteriors will also be outlined in the maintenance plan. The maintenance plan shall assign responsibilities and provide assurances that the premises will be kept free from trash and debris and include a list of equipment and fees to be assessed for such purposes. The maintenance plan shall include the establishment of a contingency fund for major repairs and extraordinary expenses;

5.

Demographic Information. Specific information concerning the demographic characteristics of the project, including, but not limited to, the following:

a.

Square footage and number of rooms in each unit;

b.

Rental rate history for each type of unit for the previous five years;

c.

Monthly vacancy rate for each month during the preceding five years;

d.

Makeup of existing tenant households, including family size, length of residence, age of tenants, and any federal or state rent subsidies received;

e.

Documentation prepared by the Sonoma County Public Housing Authority that shows the number of families currently on a waiting list for Section 8 housing;

f.

Proposed sale price of units;

g.

Proposed homeowners' association fee;

h.

Financing available for the purchase of the units; and

i.

Names and addresses of all tenants. When the subdivider can demonstrate that such information is not available, the requirements of this subsection may be modified by the planning department.

6.

Vacancy Rates. The applicant shall submit a recent survey of rental housing located within the city of Rohnert Park that shows the current vacancy rate for the city. The survey shall be performed by a qualified professional as determined by the city and shall utilize a method approved by the city prior to it being conducted. The survey shall include a representative sample of all rental housing of five or more units.

7.

Notice of Intent to Convert. Signed copies from each tenant of the notice of intent to convert, as specified in subsection (I) of this section. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

8.

Any other information which, in the opinion of the planning department, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

C.

Additional Requirements and Procedures.

1.

Acceptance of Reports. The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the planning department for review by any interested persons and shall be referenced in the planning commission staff report for each project.

2.

Submittal of Budget. Prior to final map approval, the subdivider shall provide the city with a copy of the proposed budget for maintenance and operation of common facilities including needed reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five year period, or such time as is required by the department of real estate. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

3.

Copy to Buyers. The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by under this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit in the project, and such developer shall give the purchaser sufficient time to review such information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the homeowners' association upon its formation.

4.

Notice to Tenants and Prospective Tenants. Before tentative map approval, the planning commission shall hold a public hearing. In addition to all other notices required by the Subdivision Map Act and this title, the subdivider shall give notice prior to filing the tentative map to prospective tenants and tenants in the manner provided by Government Code Sections 66452.8 and 66452.9.

D.

Sales Information Submitted for Affordable Units. As a condition of tentative map approval, the subdivider shall record a requirement against the title of the property that requires the current property owner of each unit to submit the following information to the planning department prior to the close of escrow, to:

1.

Actual sale price of unit;

Whether prior tenants purchased units;

3.

Whether unit were purchased with intent to be used as rentals; and

4.

That affordable units shall comply with the affordability requirements of the inclusionary housing requirements contained in subsection N of this section.

E.

Inspection and Fees. The developer shall deposit money into a fund which is administered by the building official. The funds shall be adequate to cover the costs associated with hiring a professional who shall perform an inspection and develop a list of deficient conditions that may exist by reason of noncompliance with this code, and to have the deficient items refurbished and restored in accordance with specific physical standards identified under subsection (I) of this section. The premises to be inspected include structures, common areas, site improvements, public improvements and other related facilities. In addition, the following requirements shall be met:

1.

Before submitting the final map, the owner shall request that an inspection of the premises be made by the city for conformance with subsection (I) of this section.

2.

A project inspection shall be made by the appropriate city representatives and/or their designees. A deficiency list shall be compiled during the inspection of all corrections required to conform to the requirements of this section and any other applicable code requirements.

3.

When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies must be corrected to the satisfaction of the city before filing of the final map or parcel map. When plans for corrective work are required, they shall be as approved by the appropriate city representative listed above before filing of the final map or parcel map.

4.

The city shall charge the usual fees, if applicable, or an hourly fee (estimated actual hourly cost to the city) for the inspection and processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance to be resolved before the approval of the tentative map by the city. Any balance due shall be paid before approval of the final map by the city.

F.

Specific Physical Standards. As a condition of tentative map approval, the subdivider shall demonstrate conformance with Chapter 17.12, Performance Standards, of the Rohnert Park Municipal Code as well as the following physical standards.

1.

Building Regulations. The project shall conform to the applicable standards of the California Building Standards Code, Title 24 in effect on the date that the original building permit was issued for the subject structure or structures except as herein provided.

Health and Safety.

a.

Ground Fault Circuit Interrupters. All receptacle outlets serving bathrooms, kitchen counters, garages, carports and other exterior locations shall be ground fault circuit interrupter protected as required by the current edition of the California Electrical Code.

b.

Seismic Retrofit. "Soft story" buildings, as defined in the Health and Safety Code, shall be seismically retrofitted per the standards contained therein, or as required by local ordinance.

3.

Fire Prevention.

a.

Smoke Detectors. Each living unit shall be provided with approved smoke detectors in type and quantity conforming to Title 24 of the latest California Building Standards Code.

b.

Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be upgraded and maintained and certified as required by current applicable NFPA standards.

c.

Fire Sprinkler System. Fire sprinkler systems shall be installed in compliance with current NFPA standards.

d.

Fire Walls. Dwelling units shall be protected by a one-hour dwelling unit separation. Attic fire stops shall be installed in accessible attics as required by the current Title 24, California Building Standards Code.

4.

Sound Transmission.

a.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which are determined to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators.

b.

Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the California Building Standards Code, Title 24 and Section 17.12.030 of this title. In such cases where present standards cannot reasonably be met, the planning commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of any communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrictions. The planning commission may modify this standard where the subdivider can demonstrate that this standard cannot reasonably be met.

6.

Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the planning department, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

7.

Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units of three or more bedrooms; every seven two-bedroom units, and every ten one-bedroom units. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

8.

Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. The landscape standards required under Section 17.14.070 of this title shall apply if a significant amount of new landscaping is required to achieve the above goal.

9.

Condition of Equipment and Appliances. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided have a useful life of one year. At such time as the homeowners' association takes over management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year.

10.

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements shall be refurbished and restored as required by the planning department. Design changes shall be subject to site and architectural review in accordance with Section 17.25.030 of this title.

11.

Long Term Reserves. Prior to approval of the final map, the developer shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the homeowners' association. Such fund shall equal two times the estimated monthly homeowner's assessment for each dwelling unit.

G.

Tenant Provisions.

Notice of Intent. As required by Government Code 66427.1(a), a notice of intent to convert shall be delivered by the subdivider to each tenant at least sixty days prior to filing of the tentative map, in a form compliant with Government Code Section 66452.9.

2.

Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive ten days' written notice that an application for a public report will be or has been submitted to the department of real estate, and that such report will be available on request.

3.

Notice of Final Map Approval. As provided in Government Code Section 66427.1(b), each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion.

4.

Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted to the city prior to approval of the final map.

5.

Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease for his/her unit shall be given one hundred eighty days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the one hundred eighty-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

6.

Notice to New Tenants. Beginning at a date not less than sixty days prior to the filing of the tentative map, the subdivider or his or her agent shall give notice of such filing in the form outlined in Government Code [Section] 66452.8(b) to each person applying after such date for rental of a unit prior to acceptance of any rent or deposit. If the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two times monthly rent for moving expenses.

7.

Senior Citizens. At the time of final map approval, all tenant households resident at the time a completed tentative map application was accepted by the planning department in which the head of household or spouse is age sixty or older shall be offered a lifetime lease. Annual rent increases shall not exceed seventy-five percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the planning department for review prior to final map approval.

8.

Low- and Moderate-Income Tenants. At the time of final map approval, all tenant households resident upon acceptance by the city of a completed tentative map application, which meet the income limits of the HUD Section 8 program will be

considered low- and moderate-income households and shall be offered at a minimum a three-year lease. Annual rent increases shall not exceed seventy-five percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the planning department for review prior to final map approval.

H.

Effect of Proposed Conversion on the City's Low- and Moderate-Income Housing Supply. The conversion of rental housing into for-sale housing will change the availability of a level of affordable housing to certain income groups, therefore it is imperative that such conversions be subject to the inclusionary housing requirements of subsection N of this section.

I.

Findings. In approving an application for a condominium conversion the planning commission shall make each of the following findings:

1.

All provisions of this article are met;

2.

The proposed conversion is consistent with the objectives, policies, general land uses and programs specified in the city of Rohnert Park general plan inclusive of the general plan housing element, along with applicable specific plans;

3.

The proposed conversion will conform to the Rohnert Park Municipal Code in effect at the time of tentative map approval, including, but not limited to, inclusionary housing requirements and parking standards, except as otherwise provided in this article;

4.

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety;

5.

The proposed project will not result in a shortage of rental housing within the city;

6.

The proposed conversion will result in an increase in lower-cost home ownership opportunities within the city;

7.

Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion;

8.

The conversion will not be detrimental to the retention of housing stock serving low and moderate income residents or will not reduce or significantly alter the opportunity within the city for the housing of young and elderly citizens; and

9.

The project satisfies the requirements of Government Code Section 66427.1, Tenant Notification requirements.

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