Chapter 17.12 — PERFORMANCE STANDARDS

The purpose of this chapter is to establish performance standards that are intended to ensure that uses and activities are conducted in a manner that protects the public health and safety and do not produce adverse impacts on surrounding properties or the community at large.

(Ord. 695 § 3, 2003)

The standards contained in this chapter shall apply to uses and activities in all zoning districts within the city of Rohnert Park. Applicants for proposed projects may be required to provide evidence that all of the applicable standards may be satisfied by the project, prior to its approval. If necessary, the city may retain a professional expert or designated regulatory agency to assist in assessing the possible impacts of a use or activity, with any costs incurred to be paid by the applicant or business owner.

(Ord. 695 § 3, 2003)

A.

No uses or activities shall create noise levels which exceed the following standards:

NOISE STANDARDS

(1) ;hg;The maximum interior noise level for residential uses shall be forty-five dBa with all openings closed.

(2) ;hg;For commercial and industrial properties, the measurement shall be at the property line of the use or activity.

(3) ;hg;Restricted hours may be modified through conditions of an approved conditional, administrative, or temporary use permit.

(4) ;hg;For stadium property see Rohnert Park Municipal Code Chapter 9.44.

B.

The noise standards above shall be modified as follows to account for the effects of time and duration on noise levels:

1.

Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the above standards by five dBa except between the hours of seven p.m. and seven a.m.

2.

Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the above standard by ten dBa except between the hours of seven p.m. and seven a.m.

3.

Mechanical and electrical equipment shall provide adequate shielding and baffling so that noise levels from such equipment will not exceed the above noise levels when measured at the property line.

C.

Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute. Noise levels shall be measured in decibels (dBa) on a sound level meter using the A-weighted filter network. Calibration checks of the instrument shall be made at the time any noise measurement is made. Excluded from these standards are occasional sounds generated by the movement of public safety vehicles and railroad equipment.

D.

New development within existing or projected sixty-five dBa noise corridors shown in the general plan shall undergo a technical acoustical analysis by a professional acoustical engineer, which shall serve as the basis for designing mitigation measures.

(Ord. 695 § 3, 2003)

No continuous frequent or repetitive odors are permitted which are perceptible on or beyond adjacent property lines. An odor detected no more than a total of fifteen minutes in any one-day shall not be deemed to be continuous, frequent or repetitive for this regulation. No dust or particulate matter shall be emitted that is detectable at boundary lines or property by a reasonable person without instruments. Exhaust air ducts shall be located or directed away from abutting residentially-zoned properties.

(Ord. 695 § 3, 2003)

All lighting, reflective surfaces or any other sources of illumination shall be utilized in a manner that produces no glare on public streets or on any other parcel. Lights shall be of the minimum illumination necessary for a given application and shall be directed downward and shielded at lot lines so as not to be directly visible from an adjoining residential district. For regulations regarding the illumination of signage, please refer to the sign ordinance.

(Ord. 695 § 3, 2003)

For areas identified in the Rohnert Park general plan as creek protection zones (see Figure 6.2-2 in the general plan), creek protection zones shall be maintained for a minimum of fifty feet measured from the tops of the banks and a strip of land extending laterally outward from the top of each bank. For all other creek areas, a creek protection zone of twenty

feet shall be maintained. Where significant habitat areas or high potential wetlands exist, this setback shall be extended to protect the resource, as required by the planning commission or city council at time of project approval, or by the planning and community development director. Development shall not occur within the creek protection zones, except for greenway enhancement (e.g., trails and bikeways). City engineering department approval shall be required for the following activities within creek protection zones:

A.

Construction, alteration, or removal of any structure;

B.

Excavation, filling, or grading;

C.

Removal or planting of vegetation (except for removal of invasive plant species);

D.

Alteration of any embankment.

In addition, any applicable design criteria of the Sonoma County water agency shall be followed.

(Ord. 695 § 3, 2003)

Projects shall be subject to site plan and development review per Section 17.25.030 of this title. Particular emphasis shall be placed on any adopted city design guidelines. Projects shall conform to specific design standards included in area and specific plans as applicable.

(Ord. 695 § 3, 2003)

The storage, use, transportation or production of products that, either in the raw or finished state, constitute a fire hazard as defined by the director of the department of public safety shall be subject to the fire codes and approval of the city of Rohnert Park department of public safety. Department of public safety personnel may, without prior notice, visit and observe operations on the site and any directives issued by said personnel shall be satisfied in a timely manner. All hazardous materials must comply with the provisions of this title.

(Ord. 695 § 3, 2003)

The use, handling, storage and transportation of waste materials, including hazardous wastes, shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. Discharge at any point into a public or private sewage disposal system, stream, or the ground, of any material that could contaminate any water supply, or otherwise cause the emission of dangerous or offensive elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the various local and state agencies having jurisdiction over such activities.

(Ord. 695 § 3, 2003)

Sidewalks, curbs and gutters shall be provided on all public streets, as required by the city engineer. Street trees shall be provided in accordance with the regulations of Section 17.14.070 of this title and/or as stipulated by a master tree planting palette.

(Ord. 695 § 3, 2003)

A.

During the construction of a project, the construction site shall be secured by temporary fencing.

B.

All portions of the construction site shall be watered as necessary to reduce emissions of dust and other particulate matter and all stockpiles shall be covered. Public streets shall be kept dirt free to the satisfaction of the city engineer.

C.

All construction and transport equipment shall be muffled in accordance with state and federal laws and regulations, and the noise standards of this chapter. Construction and transport equipment shall be operated so as to minimize exhaust emissions.

D.

Construction hours shall be as stipulated in Section 9.44.120 of this code, or as otherwise approved by the city engineer.

E.

All water run-off from construction sites shall be controlled. During construction trucks and equipment should be running only when necessary.

F.

At the end of construction, local road surfaces shall be returned to pre-construction condition by the developer.

(Ord. 695 § 3, 2003)

All exterior mechanical equipment, except window air conditioning units, shall be screened from public view, including adjacent properties. Equipment to be screened includes but is not limited to, heating and/or air conditioning units, water tanks, valves, back flow protection devices, solar and photovoltaic panels, and transformers. Screening materials may be solid concrete, wood or other opaque material or a combination of fence/wall and landscaping and shall effectively screen mechanical equipment so that it is not readily visible from the public right-of-way, as approved by the planning and community development director (See Chapter 17.14 of this title). See Section 17.08.040 of this title for regulations regarding the screening of communication facilities.

Activities requiring outdoor storage must be screened from view per Chapter 17.14 of this title. Machinery or equipment which, because of size and function, cannot be installed for practical purposes within an enclosed building shall also be screened.

(Ord. 695 § 3, 2003)

A.

Trash enclosures shall be required for multiple family, commercial and industrial uses.

B.

The following regulations shall apply regarding materials, construction and design.

1.

The walls of the trash enclosure structure shall be constructed of solid masonry material with a decorative exterior surface finish compatible to the main structure(s). The trash enclosure walls shall be a minimum six feet in height and the minimum dimensions shall be adequate for the size and number of dumpster units and recycling bins.

2.

The trash enclosure structure shall have solid heavy gauge metal gates.

3.

The trash enclosure shall feature a floor and approach that is paved with a durable all-weather surface approved by the city engineer.

4.

Trash receptacles shall be covered or a cover structure shall be constructed above the enclosure so as to protect its contents from the elements.

5.

The trash enclosure for residential developments should be designed to allow walk-in access by residents without requiring the main enclosure gates to be opened.

6.

Signage identifying the types of recyclable materials accepted for collection at the trash enclosure shall be conspicuously posted within the enclosure.

7.

The trash enclosure shall be designed so that adverse impacts such as noise, odor, vectors, or glare are minimized through the use of adequate separation, fencing, landscaping, or other means.

C.

If visible from public view, the perimeter of the trash enclosure structure shall be planted with landscaping, including a combination of shrubs and/or climbing evergreen vines.

D.

No trash enclosure shall be located in any required streetside setback area.

(Ord. 695 § 3, 2003)

All properties in the city of Rohnert Park shall, at all times, be maintained by their respective owners in good order. This shall include litter management and the repair and maintenance of all structures, fences, signs, walks, driveways, lawns,

landscaping, painting, etc., as may be necessary to maintain good order. Enforcement of this provision shall be per Chapter 1.24 of this code.

(Ord. 695 § 3, 2003)

A.

Underground utility service is required for all new development. All utility service laterals and equipment, including, but not limited to, electric, communication, and cable television lines, installed in and for the purpose of supplying service to any new construction or use shall be installed underground on the property to be served and from the property to be served to the point of connection with the utility's distribution facilities, in accordance with utility rules as approved by the Public Utilities Commission of the State, except for equipment appurtenant to underground facilities, such as surfacemounted transformers, pedestal-mounted terminal boxes and meter cabinets, and risers from concealed ducts (see Section 17.12.120 of this title.)

B.

The property owner shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(Ord. 695 § 3, 2003)

Chapter 17.14 - FENCE, WALL, AND LANDSCAPE STANDARDS

The purpose of this chapter is to establish requirements pertaining to the height, location and construction of fences, walls, and other barriers on or between properties within the city of Rohnert Park and to establish landscape standards.

(Ord. 695 § 3, 2003)

17.14.020 - Fence, wall, and hedge height restrictions.

A.

Fences, walls and hedges shall not exceed the maximum heights shown in the following table. Each is followed by a number in parentheses that corresponds to one of the footnotes below the table. See also Section 17.14.040 regarding clear vision triangle restrictions. Fences and walls greater than six feet in height shall require the approval of the building department. Masonry walls of any height shall also require a building permit.

MAXIMUM HEIGHT FOR FENCES, WALLS AND HEDGES

Front yard fencing. No fence, wall, hedge or screen planting shall exceed a maximum height of three feet in the required front yard setback. All such fences shall be located outside the public right-of-way unless an encroachment permit is issued by the city engineer.

2.

Residential fence height extensions. In residential districts, where there is agreement between adjacent property owners, the fence height of the common fence may be increased to eight feet, provided that the top two feet of such is constructed of open lattice or other non-opaque construction that is of the same material as the remainder of the fence. Residential fences that border a day care operation may be eight feet in height and of a solid construction, as approved by the planning and community development director and building official.

3.

Buffer fencing. When the side or rear yard of a residential lot abuts a commercial, industrial, or multi-family residential property, a six foot masonry wall is required and may extend up to eight feet in height. This does not apply to the repair of an existing residential fence that abuts a commercial, industrial or multi-family property. A masonry sound wall built adjacent to an arterial street or school site may also be eight feet in height, subject to a documented sound study.

4.

Outdoor storage fencing. In commercial and industrial districts, a minimum eight foot high opaque fence or wall, as approved by the planning and community development director shall screen areas used for outdoor storage.

5.

Corner lot fencing. Exterior fences on corner lots may be placed within the required exterior side yard but shall be no less than three feet from the back of the sidewalk and shall be positioned out of the public right-of-way. Where a fire hydrant is present, any fence or wall shall maintain a minimum three foot clearance from said fence or wall. In cases where the fence is to be built in conjunction with a retaining wall, and the wall face is exposed to the street, the fence shall be set back a minimum of three feet from the retaining wall.

6.

Golf course fencing. Rear and/or side yard fencing up to six feet in height may be installed on lots adjacent to the golf course, provided such fencing is a minimum of six inches behind the property line. Protective netting shall be allowed to a height of twenty feet and shall be of a visually nonobtrusive color and design.

Fence Locations

==> picture [182 x 108] intentionally omitted <==

G.

Fence height shall be measured from the grade level of the property line. In the event the ground elevation is not the same on both sides of a fence or wall, the height thereof may be measured from the higher ground elevation.

Fence Height Measurements

==> picture [182 x 103] intentionally omitted <==

(Ord. 695 § 3, 2003)

A.

Barbed wire, razor ribbon and other similar wire attachments shall be prohibited on top of any fence. Electrified fencing shall also be prohibited. Exceptions may be granted by the planning commission based on the security needs of a given property within a commercial or industrial district, provided the applicant can provide documentation supporting the need for such fencing.

B.

Walls between residential and commercial, industrial, or multi-family residential properties shall be of a masonry construction that is architecturally treated on each side. The design of such walls shall be approved by the planning and community development director, the planning commission, or the city council at the time of project review. All masonry walls require a building permit.

C.

Walls surrounding operations involving outdoor storage shall be of an opaque construction, with the design of such walls to be approved by the planning and community development director or by the planning commission or city council at the time of project review.

D.

The design and construction of a fence or wall in a commercial or industrial district shall remain consistent throughout a site, unless otherwise approved by the planning and community development director or by the planning commission or city council at the time of project review.

(Ord. 695 § 3, 2003)

Fences, walls, hedges, and other structures or vegetation shall not exceed a height of three feet within a clear vision triangle and the lower portion of tree crowns shall not be less than eight feet within a clear vision triangle. Clear vision triangles shall be delineated as follows:

A.

Uncontrolled intersections: A triangular area bounded by the curb lines (tangents) and a diagonal line joining points on the tangents which are located thirty-five foot back from what would be the point of these curb lines' intersection.

B.

Controlled intersections: A triangle having twenty-five foot tangents at the curblines.

C.

Driveways: A triangle having twenty-five foot tangents at the outside line of the driveway and the curbline.

Clear Vision Triangle

==> picture [182 x 126] intentionally omitted <==

(Ord. 695 § 3, 2003)

Gated communities are strongly discouraged. Fences or walls surrounding a community shall require a conditional use permit from the planning commission and shall meet the height limitations of this section. Such fences or walls shall be constructed of a decorative material approved by the planning commission. Gates crossing access points shall be subject to the approval of the department of public safety and shall not be permitted within the public right-of-way.

(Ord. 695 § 3, 2003)

All retaining walls that are adjacent to public streets shall be placed outside the public right-of-way. On commercial and industrial properties, such walls shall be constructed of decorative masonry block or an equivalent material approved by the planning and community development director. All masonry walls shall require a building permit.

(Ord. 695 § 3, 2003)

All landscaping and irrigation systems shall be designed, installed and maintained in accord with the standards and requirements of this section, which shall apply to all commercial, industrial, and residential projects requiring site plan and architectural review approval. Prior to the issuance of a certificate of occupancy, the planning and community development director or his/her designee shall:

A.

Verify that landscaping and irrigation has been installed in accordance with the approved plans with respect to size, number and species of plants and adequate water coverage. Security in an amount and form acceptable to the city attorney may be posted for the uncompleted work with the approval of the planning and community development director.

B.

For commercial, industrial, or multi-family projects, require a maintenance agreement with a performance bond (period of one year after issuance of certificate of occupancy) to insure plant establishment and maintenance. Bond shall cover cost of replacing all plant material but may exclude material and labor costs relating to irrigation and hardscape.

C.

Ensure that provisions are included for the permanent maintenance of all planting areas. As used in this section, "maintained" includes watering, weeding, pruning, insect and pest control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Should the planning and community development director determine that landscaping is not being maintained as defined by this subsection and/or the maintenance agreement, the city reserves the right, at the owner's expense, to either undertake itself, or contract for, any and all work necessary to restore landscaping.

(Ord. 695 § 3, 2003)

A.

Landscape plans should be prepared by a licensed landscape architect. All landscape plans shall be drawn to scale and be consistent with architectural and civil engineering site plans.

B.

All applications for site plan and architectural review approval shall provide a preliminary landscape plan. This plan shall, at a minimum, illustrate the extent and nature of proposed plantings as well as a proposed plant pallet.

C.

Final landscape and irrigation plans shall be submitted concurrently with architectural, structural, and civil engineering plans when a building permit is requested. No building permit shall be issued for any project governed by the requirements of this section, until final landscape and irrigation plans have been reviewed and approved by the planning and community development director.

1.

Final landscape plans shall identify specific plant materials to be used, providing both common and botanical names, sizes and quantities.

2.

Irrigation plans. Irrigation plans, encouraging drip irrigation systems whenever possible, shall be submitted with development plans and shall contain all construction details for an automatic system including but not limited to, the following:

a.

Location, type and size of lines;

b.

Location, type and gallon output of heads;

c.

Location and sizes of valves;

d.

Location and type of controller;

e.

Installation details;

f.

Location and type of backflow prevention device; and

g.

Available water pressure and water meter outlet size.

D.

Landscape plans shall demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. To accomplish this, landscape plans shall conform to the following:

1.

Plant materials shall be selected for: drought tolerance; adaptability and relationship to the local environment; color, form and pattern; ability to provide shade; soil retention; fire resistance, etc. The use of native landscaping types shall be encouraged. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets, to achieve desirable microclimate and minimize energy demand. Plant materials and landscape design shall be consistent with the Sonoma Water Agency's water conservation guidelines.

2.

Plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than a fifteen gallon container for trees, five gallon container for specimen shrubs, and a one gallon container for mass planting. Turf areas shall be from sod and ground cover from either one gallon containers or flats. Larger plant materials may be required on a case-by-case basis in order to achieve a more immediate landscape benefit.

3.

Root barriers shall be provided for all trees that are within five feet of the public right-of-way.

4.

Where shrubs or low-level vegetation are used, vegetative matter at maturity shall cover at least seventy-five percent of actual planted area.

(Ord. 695 § 3, 2003)

Treatment of natural and man made creeks and drainageways shall conform to Section 17.12.060 of this title.

(Ord. 695 § 3, 2003)

The landscaping of parking lots shall be as provided for in Section 17.16.100 of this title.

(Ord. 695 § 3, 2003)

Single-family residential front yard paving shall not exceed fifty percent of the total front yard area.

(Ord. No. 991, § 4(Exh. A, § 30), 1-27-2026)

Chapter 17.15 - TREE PRESERVATION AND PROTECTION

The city council of the city of Rohnert Park establishes that these policies, regulations and standards are necessary to ensure that the city will continue to realize the benefits provided by its urban forest and adopts this chapter in the interest of public health and safety and with the intention to:

A.

Foster a vibrant, attractive, and healthy mixed-age and mixed-species urban forest;

B.

Establish and maintain existing and future tree cover on private lands in the city; and

C.

Maintain city trees in a healthy, attractive, and non-hazardous condition through good arboricultural practices.

(Ord. 769 § 3 (part), 2007)

The contents of this chapter shall apply to all trees as defined in Chapter 17.04 (Definitions) which are located on private lands except those trees which are exempted in Section 17.15.030(B) (Exemptions).

(Ord. 769 § 3 (part), 2007)

17.15.030 - Requirements.

A.

Application. No person shall alter, remove, or relocate any tree on private property that is not exempted by this chapter, unless the community development director or his/her designee has issued a tree removal permit in accordance with Section 17.15.040 (Permit processing).

B.

Exemptions. The following trees shall be exempt from the requirements of this chapter:

1.

A street tree, as defined in the Rohnert Park Municipal Code, Title 12 (Streets and Sidewalks), Section 12.24.020(H), in which case alteration, removal, or relocation shall be governed by Chapter 12.24 (Public Tree Care);

2.

Any proposed tree alteration, removal, or relocation which is part of a larger project. In such cases, the alteration, removal, or relocation shall be processed along with the primary entitlement request which was submitted for the project;

3.

Tree pruning on private property which will be performed in conformance with the International Society of Arboriculture (ISA) standards and in which no more than one third of the tree canopy will be removed;

Trees which have been determined to be an imminent threat to the public's health, safety, or general welfare as determined by either the director of public safety, director of public works, city's arborist, or director of community development;

5.

Any of the following trees: Acacia spp. (Acacia), Ailanthus spp. (Tree of Heaven), Eucalyptus spp., Ligustrum spp. (Privet), Liquidambar styraciflua (Liquidambar), Pinus radiata (Monterey Pine), or Populus lombardii (Lombardi poplar);

6.

Any tree which, in the opinion of the city arborist, is growing in an inappropriate location and should be removed to preserve a structure or other real property;

7.

Any tree which is located on a residential lot which is fully developed with a detached, single-family residence;

8.

Orchard trees which have been planted or held for cash crop or commercial purpose.

(Ord. 769 § 3 (part), 2007)

A.

Application Content. For any tree that is not exempt pursuant to Section 17.15.030(B) (Exemptions), the following items shall be included with a tree removal permit:

1.

A site plan drawn to scale showing the location of the tree to be altered, removed or relocated, adjacent structures and utilities, and any other pertinent information;

2.

A brief description of the tree(s), including number, type, diameter, and height, and reason for alteration, removal, or relocation;

3.

A letter or report describing the health and condition of the tree prepared and signed by a licensed and certified arborist; and

4.

Photographs of the tree(s) to be altered, removed, or relocated.

B.

Review Procedure.

1.

Referrals. All applications shall be referred to the city arborist for review and comment prior to any action or decision.

2.

Processing. The tree removal permit shall be processed pursuant to Article V of Chapter 17.25 (Administrative Permit) of this code.

3.

Findings. The tree removal permit application shall be approved or conditionally approved if, on the basis of the application and supporting materials, each of the following findings can be made:

a.

The request is consistent with the general plan's goals, objectives and policies;

b.

The request is consistent with the regulations and standards of the Rohnert Park Municipal Code;

c.

The request is necessary in order to protect the public's health, safety and general welfare.

(Ord. 769 § 3 (part), 2007)

17.15.050 - Tree replacement.

A.

Required. Any non-exempt tree which has been approved for alteration, removal, or relocation shall be replaced in accordance with the formula set forth in Section 17.15.050(B) (Replacement Formula) unless other arrangements have been made in writing between the applicant and the city's department of community development.

B.

Replacement Formula. Tree replacement shall be based on the value of the tree as defined in Section 17.04.030 (Definitions of words and terms).

C.

Type of Replacement. The applicant shall replace the altered, removed, or relocated tree(s) by either depositing an in-lieu fee, as described above, with the city's recreation department or by planting an equivalent number of new tree(s). The planting of any new tree(s) must be approved by the city arborist.

D.

Location of Replacement Trees. If deemed feasible and appropriate by the city arborist, replacement trees shall be replanted on the site of the original tree removal. Otherwise, replacement trees may be located on any parcel within Rohnert Park city limits, depending on the feasibility and appropriateness of the site as determined by the city arborist.

(Ord. 769 § 3 (part), 2007)

For the purpose of safeguarding trees during construction activities, the following conditions shall apply to all trees that have not otherwise been approved for alteration, removal, or relocation:

A.

Prior to commencement of construction activities, the property owner, developer, and/or contractor shall hire a licensed and certified arborist to inventory all trees on the building site by size, health, species and location.

B.

The property owner, developer, and/or contractor shall erect protective barriers around all trees to be safeguarded on the construction site. The barriers shall be in place prior to the start of construction activities, shall be at least five feet in height, and shall be placed directly beneath the dripline of the tree. Upon the completion of all construction activities, the barriers may be removed pending written authorization as provided by the community development department.

C.

There shall be no storage of equipment, materials or chemicals, rinsing or dumping of paints, solvents, or cementitious products, or vehicle parking within the dripline of any tree to be preserved.

D.

No trenching shall be permitted within the dripline of any tree to be preserved unless authorized and conducted under the supervision of a licensed and certified arborist.

(Ord. 769 § 3 (part), 2007)

In the interest of maintaining the purpose and intent of this chapter, the city shall collect a security deposit from the property owner, developer, and/or contractor for any project which includes as a condition of project approval the protection and preservation of on- or off-site trees. The security deposit shall be used to replace trees which were intended to be protected, but failed to survive for the minimum period of twenty-four months as measured from the date that the department of community development authorizes removal of the tree protection barrier.

A.

Deposit Amount. The property owner, developer, and/or contractor shall submit a security deposit equal to thirty percent of the value, as defined in Section 17.04.030 (Definitions of words and terms), of each tree for the first twenty-five thousand dollars in tree value. For tree values in excess of twenty-five thousand dollars, applicant shall submit an additional security deposit equal to twenty percent of such value. The total security deposit for any project shall not exceed thirty thousand dollars. A separate account shall be established by the finance department for this purpose.

B.

Use of Security Deposits. In the event that a protected tree does not survive or is otherwise harmed as a result of site development within twenty-four months measured from the date of project occupancy, the city of Rohnert Park shall use the security deposit funds to purchase replacement trees for on- or off-site use. Tree replacement shall be determined in accordance with Section 17.15.050(B) (Replacement Formula).

C.

Security Deposit Exemptions. The following projects are exempt from paying security deposits:

1.

Any project which was sponsored by the city of Rohnert Park.

2.

A remodel, repair, or addition to a single-family residence on a developed lot.

D.

Security Deposit Refund. Any unused portion of a security deposit shall be refunded to the entity or person who originally posted the security and returned within sixty days of the expiration of the twenty-four months, as referenced in subsection B of this section.

(Ord. 769 § 3 (part), 2007)

A.

Penalty. A violation of any of the provisions or failure to comply with any of the requirements of this chapter shall be subject to the penalties set forth in Chapter 1.16 of the city's Municipal Code. Nothing in this section shall preclude or limit the city from seeking any manner of judicial relief for violations of this chapter, including, but not limited to, seeking recovery of the value of any tree that is altered, relocated, removed or otherwise damaged in violation of this chapter. The value of any tree altered, relocated, removed or otherwise damaged shall be consistent with Section 17.15.050(B) (Replacement Formula).

(Ord. 769 § 3 (part), 2007)

Chapter 17.16 - OFF-STREET PARKING REQUIREMENTS

The off-street parking regulations contained in this chapter are intended to achieve the following objectives:

A.

To ensure that off-street parking facilities are provided for new land uses and for enlargements of existing uses in proportion to each use's need for such facilities;

B.

To establish standards for uses that are consistent with the parking needs of each use and with the feasibility of providing required parking areas on specific sites; and

C.

To ensure that off-street parking facilities are designed in a manner that will ensure their efficiency and will protect surrounding land uses from adverse impacts related to improperly designed parking arrangements.

(Ord. 695 § 3, 2003)

A.

At the time of initial occupancy of a site, construction of a structure, alteration or enlargement of a site or structure, or moving of a structure from one lot to another, off-street parking facilities shall be provided in accordance with the regulations prescribed in this chapter and as prescribed in the California Administrative Code, Title 24, Part 2.

B.

The number of additional parking spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be provided before the alteration, enlargement, or change of occupancy receives final approval for occupancy.

C.

The number of off-street parking spaces required for combined uses on one property and/or within one project shall be equal to the sum of the required spaces prescribed for each use, except as provided for in Section 17.16.040 of this chapter.

D.

Off-street parking facilities required by this chapter for any use shall not be considered as providing parking spaces for any other use, except where a shared parking arrangement applies pursuant to Section 17.16.080 of this chapter.

E.

Any off-street parking specifically required for a given use shall be provided to users without charge, unless otherwise approved by the city.

(Ord. 695 § 3, 2003)

Parking spaces shall be provided for land uses and activities in accord with the following tables. If, in the application of the requirements of this table to a given land use or activity a fractional number is obtained, one parking space shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half.

A.

Residential Uses.

B.

Public and Semipublic Uses.

C.

Commercial/Retail/Office Uses.

D. Industrial Uses.

Land Use Required Off-Street Parking

E.

Properties within the Central Rohnert Park, Priority Development Area (see Figure 4.1 Priority Development Area Subareas and District in the document to identify appropriate subarea)

(Ord. 804 § 4, 2008; Ord. 695 § 3, 2003)

(Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 897, (Exh. B), 4-12-2016; Ord. No. 920, § 5, 3-13-2018; Ord. No. 991, § 4(Exh. A, § 31), 1-27-2026)

Where a given use is not specified in the above table, the planning and community development director shall determine the equivalent use and the number of parking spaces required. In order to make this determination, the planning and community development director may require the submission of survey data from the applicant or direct a parking study to be conducted at the applicant's expense.

(Ord. 695 § 3, 2003)

17.16.040 - Parking exemptions.

A.

A reduction of up to twenty-five percent of the spaces required for a combination of uses may be allowed where findings are made indicating that the uses share a common parking area and the demand for parking occurs over different time periods, thereby making the full requirement unnecessary.

B.

Parking space reductions of up to ten percent may be permitted by the planning manager or designee, if a rideshare, transit incentive program, or other transportation system management program is provided. Further parking space reductions up to a maximum of twenty-five percent may be permitted if approved by the planning commission through issuance of a conditional use permit.

C.

Garage Conversions to Create Additional Room in a Single-Family Property. The planning manager may grant exemptions to the off-street covered parking requirements for a single-family residential property subject to the granting of an administrative permit, in accord with the provisions of Section 17.25 Article V if the following findings can be made:

1.

The principal use of the lot is an existing single-family residence;

2.

The garage conversion shall require that the resulting eliminated off-street covered parking be replaced with one nontandem parking space per lot, other than those existing in the driveway;

3.

Such replacement space may be located in the required front yard or street side yard if the planning manager finds that in so doing there is neither an appreciable impairment of pedestrian safety nor any reduction in the attractiveness of the neighborhood. In no case shall the replacement space cause more than fifty percent of the lot's front yard to be devoted to parking;

4.

Such replacement space shall not be rented;

5.

Such replacement space shall be paved with an approved, all-weather surface;

6.

The provision and maintenance of such replacement space shall be the continuing obligation of the property owner;

7.

No more than one additional room, exclusive of closets and similar appurtenant spaces, shall be created by a garage conversion;

8.

The garage door shall remain in place and look functional; and

The lot must be a minimum width of fifty feet and there must be room for at least one on-street parking space on the curb in front of the lot.

D.

If an existing parking lot does not provide adequate parking spaces for the disabled and cannot otherwise be reconfigured to achieve the city's required inventory of parking spaces, the planning and community development director may approve a reduction in the number of parking spaces by up to a maximum of three parking spaces or a total of ten percent, whichever is less, in order to accommodate required disabled parking.

E.

Parking reductions are allowed, at the discretion of the director of development services, if the parking reductions are consistent with a parking study. The study must be prepared by a professional traffic engineer and demonstrate that the parking reduction would be sufficient for the uses it serves and would not cause a negative impact on circulation or safety.

(Ord. 767 § 2, 2006; Ord. 735 § 2, 2005; Ord. 695 § 3, 2003)

(Ord. No. 906, § 9, 4-11-2017; Ord. No. 920, § 7, 3-13-2018; Ord. No. 950, § 4(Exh. A), 8-25-2020; Ord. No. 991, § 4(Exh. A, § 32), 1-27-2026)

17.16.050 - Space dimensions.

A.

Except as otherwise specified in subsections B, C, and D below, required dimensions for parking stalls within commercial, industrial and multi-family residential parking lots are indicated in the following table and depicted in the following parking diagram.

Minimum Parking Dimensions for Standard-Sized Parking Spaces for Commercial, Industrial and Multi-Family Residential Parking Lots (in feet)

Parking Diagram

==> picture [364 x 175] intentionally omitted <==

B.

Compact Spaces. In office and industrial developments up to twenty-five percent of the required parking may be made up of compact spaces. In commercial retail uses up to ten percent of the required parking may be made up of compact spaces. Compact spaces shall be a minimum of eight feet in width and sixteen feet in length ninety degree configuration and shall be clearly marked and located throughout the site so as to not be clustered in one area. For parking located in a garage, see subsection D below.

C.

For shopping center uses, the majority of the required parking spaces shall be situated within easy access of the entrances of the buildings they are intended to serve.

D.

Each parking space adjoining and parallel to a wall, column, or other obstruction greater than six inches in height shall be increased by three feet on the obstructed door side.

(Ord. 695 § 3, 2003; Ord. No. 920, § 6, 3-13-2018)

(Ord. No. 991, § 4(Exh. A, § 33), 1-27-2026)

17.16.060 - Parking spaces for the handicapped.

All parking facilities shall comply with the requirements of the California Administrative Code (Title 24, Part 2, Chapter 2- 71) and with the sign requirements of the California Vehicle Code, Section 22507.8.

(Ord. 695 § 3, 2003)

17.16.070 - Shared parking.

A shared parking arrangement may be allowed that allows parking on a nearby site to help meet the parking need of that user, provided the following requirements can be satisfied (see also Section 17.16.040):

A.

The total number of parking spaces provided off-site would allow for a surplus that may be allocated to the on-site user; and

B.

The off-site parking spaces are no farther than three hundred feet from the use(s) they are intended to serve; and

C.

A written agreement between the landowner(s) and the city, in a form satisfactory to the city attorney, shall be approved by the planning and community development director. This agreement shall be in the form capable of and subject to being recorded to constitute a covenant running with the land and shall include:

1.

A guarantee among the landowner(s) for continued access to and use of the shared parking facilities; and

2.

A provision stating that the city, acting through the planning and community development director, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the agreement at any time.

(Ord. 695 § 3, 2003)

17.16.080 - Standards for residential parking.

A.

The following parking standards apply to multi-family and mixed-use development.

1.

Parking spaces must comply with the dimensions in Section 17.16.050(A).

2.

The exterior design of a garage or carport must be architecturally compatible with the main building.

3.

Tandem parking arrangements for required parking spaces may be allowed in the Mixed Use Residential (M-U) District as approved by the development services/community development director with a finding that the tandem spaces result in a more efficient site plan or are necessary to accommodate affordable housing.

4.

All parking areas shall be of a durable surface approved by the city engineer.

5.

Residential front yard paving reserved for parking shall not exceed fifty percent of the total front yard area.

6.

Vehicles shall not be parked on any sidewalk, parkway, driveway aisles, or planting area.

B.

The following parking standards apply to single-family development.

1.

Stalls located within a garage shall be a minimum of ten feet in width and twenty feet in length, with a vertical floor to ceiling clearance of seventy-six inches.

2.

Parking spaces not located within a garage shall be a minimum of eight feet in width and eighteen feet in length. Parking spaces must be paved with a solid surface such as concrete, asphalt, or pavers or other similar surface.

3.

Tandem parking arrangements for required parking spaces may be allowed on a single-family parcel approved by the development services/community development director with a finding that the tandem spaces result in a more efficient site plan or are necessary to accommodate accessory dwelling units, affordable housing or other state-mandated housing type.

4.

All parking areas shall be of a durable surface approved by the city engineer.

5.

Residential front yard paving reserved for parking shall not exceed fifty percent of the total front yard area.

6.

Vehicles shall not be parked on any sidewalk, parkway, or planting area.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 34), 1-27-2026)

Editor's note— Ord. No. Ord. No. 991, § 4(Exh. A, § 34), adopted Jan. 27, 2026, amended the title of § 17.16.080 to read as herein set out. The former § 17.16.080 title pertained to design standards for residential garages and carports.

A.

A parking area may not be used for the vehicle sales, renting, leasing, storage, repair work, dismantling, or outdoor open sales displays. Exceptions may be granted for special outdoor events as provided for in Chapter 17.06 of this title.

B.

Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities.

C.

Markings.

1.

Each parking space shall be marked with solid six-inch wide stripes painted white.

2.

One-way and two-way access points into parking facilities shall be identified by directional arrows.

3.

Compact spaces shall be clearly identified by the word "compact" painted on the paved surface of the space in white block letters.

4.

Where the exit may not be clearly recognizable, directional signage must be provided.

5.

All parking area surface markings shall be maintained in a manner so as to be readily visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles.

D.

Walkways shall be provided within parking lots to connect parking areas with the uses they are intended to serve, as well as with the public right-of-way. Walkways shall also connect with adjacent uses where appropriate. These walkways shall be designated by colored pavement, striping, or other method as approved by the planning and community development director.

E.

All weather surfacing is required for all off-street vehicle parking, loading, storage, sales, rental or service areas that are open to the public. Other areas (e.g., rear yard storage areas for an operation's vehicles) may have alternate all-weather surfacing as permitted by the city engineer.

F.

Vehicles shall not be allowed to park on any sidewalk, parkway, driveway, or planting area.

(Ord. 695 § 3, 2003)

17.16.100 - Parking lot landscaping.

A.

Parking lots for non-residential uses shall have perimeter planting areas with a minimum ten feet width adjacent to a residential district and five feet adjacent to other districts.

B.

A parking lot in any district having parking adjoining a street shall have a frontage planting area reflecting the required yard setbacks from the street. Parking areas shall be screened from adjacent streets with berming and/or landscaping to achieve an average height of three feet above the adjacent grade of the parking area.

C.

The end of each row of parking stalls shall be separated from driveways by a landscaped planter with a preferred width of five feet.

D.

Parking lot trees shall be provided at a minimum ratio of one tree for every four parking spaces. No more than six consecutive parking spaces should be allowed in any row of parking without a tree well or tree well finger from a landscape strip.

E.

Where standard spaces are adjacent and perpendicular to landscaping or a walkway, the planting area or walkway may be increased by two feet in depth and the length of the adjacent parking stall decreased by two feet to allow for a twofoot overhang. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum curb-tocurb interior planter dimension shall be six feet. Compact spaces are not eligible for this provision.

(Ord. 695 § 3, 2003)

A.

All spaces in a parking facility shall be accessible without re-entering a public right-of-way; however an alley may be used as maneuvering space for access to off-street parking.

B.

Where an area used for off-street parking does not abut a public street, there shall be provided a paved access drive not less than twenty feet in width for two-way traffic, connecting the off-street parking area with a public street.

C.

Parking lot entrance and exit locations and widths are subject to the approval of the city engineer.

(Ord. 695 § 3, 2003)

Outdoor parking area lighting shall comply with the provisions of Section 17.12.050 of this title.

(Ord. 695 § 3, 2003)

Commercial uses that utilize shopping carts shall designate areas for on-site shopping cart storage. Storage areas in the parking lot shall not decrease the required number of vehicle parking spaces, remove required landscaping, or impede the flow of pedestrian and/or vehicular traffic. Shopping cart storage areas adjacent to buildings shall be screened by a wall, with the design to be approved by the planning and community development director or by the planning commission or city council at the time of project review.

(Ord. 695 § 3, 2003)

17.16.140 - Bicycle parking.

A.

Bicycle parking spaces shall be provided in all districts as required by this section. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy of any existing building that results in the need for additional auto parking facilities consistent with the parking standards required by Chapter 17.16.

B.

Bike Spaces Required. Bicycle parking facilities shall be provided in accordance with the following schedule, with fractional requirements for bike parking over one-half to be rounded up:

1.

Office Uses. One bicycle parking space for every ten off-street vehicle parking spaces required, but no less than two spaces shall be provided.

2.

Commercial, Retail, Wholesale, and Industrial Uses. One bicycle parking space for every fifteen off-street vehicle parking spaces required, but no less than two spaces shall be provided.

3.

Restaurant. One bicycle parking space for every twenty-five off-street vehicle parking spaces required, but no less than two spaces shall be provided.

4.

Fast Food Restaurant. Five bicycle parking spaces per establishment.

5.

Residential. One bicycle parking space per dwelling unit.

C.

Location and Design of Facilities.

1.

Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein.

2.

Bicycle racks shall not be placed close enough to a wall or other obstruction so as to make use difficult. There must be a sufficient space (at least twenty-four inches) beside each parked bike that allows access; adjacent bicycles may share this access.

3.

An aisle or other space shall be provided for bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.

4.

Racks must be easily useable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. Racks that support a bike primarily by a wheel such as standard wire racks are damaging to wheels and thus are not acceptable.

5.

Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

6.

Bicycle parking spaces shall be located near the entrances to major tenants but shall be out of the traffic lanes and shall not impede walkways.

7.

Bicycle parking facilities shall be incorporated whenever possible into the building design and street furniture so as to be harmonious with their environment in both design and color.

8.

Bicycle parking shall be located in highly visible, well lighted areas to minimize theft and vandalism.

9.

Bicycle parking facilities within auto parking areas shall be separated by a physical barrier (e.g., curbs, wheel stops, poles or similar features) to protect bicycles from damage by cars.

D.

Variations to Requirements.

1.

Where the provisions of bicycle parking is physically not feasible the requirements may be waived or reduced to a feasible level by the planning and community development director.

2.

Residential bicycle parking spaces may be provided within a lockable garage or bicycle storage room reserved for use by residents of a single dwelling unit. In this case, no bicycle rack or similar device shall be required.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 35), 1-27-2026)

Chapter 17.17 - OFF-STREET LOADING STANDARDS

The off-street loading regulations contained in this chapter are intended to achieve the following objectives:

A.

To ensure that off-street loading facilities are provided for new land uses and for enlargements of existing uses in proportion to each use's need for such facilities;

B.

To establish standards for uses that are consistent with the loading needs of each use and with the feasibility of providing required loading areas on specific sites; and

C.

To ensure that off-street parking facilities are designed in a manner that will ensure their efficiency and alleviate the potential circulation problems that result from inadequate loading facilities.

(Ord. 695 § 3, 2003)

A.

At the time of initial occupancy of a site, construction of a structure, or alteration or enlargement of a site or structure, offstreet loading facilities shall be provided in accordance with the regulations prescribed in this chapter.

B.

The number of additional loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be provided before the alteration, enlargement, or change of occupancy receives final approval for occupancy.

C.

Off-street loading facilities required by this chapter for any use shall not be considered as providing loading spaces for any other use.

(Ord. 695 § 3, 2003)

Loading spaces shall be provided for land uses and activities in accord with the following tables. If, in the application of the requirements of this table to a given land use or activity a fractional number is obtained, one loading space shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less.

For multi-family developments, sufficient room shall be made available for the unloading and loading of moving trucks, and this shall be shown on the site plan for project.

(Ord. 695 § 3, 2003)

Loading spaces shall be at least twelve feet wide, forty-five feet long, and fourteen feet high, exclusive of drives or aisles.

(Ord. 695 § 3, 2003)

Loading areas shall be designed so that a vehicle can enter and exit the site in a forward motion. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

(Ord. 695 § 3, 2003)

Chapter 17.19 - GROWTH MANAGEMENT PROGRAM

17.19.010 - Intent.

It is the intent of this chapter to:

A.

Encourage a cohesive pattern of urbanization that balances competing interests, including the need for additional housing and related development, and the expressed community desire to preserve open space, maintain community character, and ensure that adequate public facilities and resources, such as water and wastewater, are available to serve new and existing development;

B.

Ensure all new development provides the necessary infrastructure and public facilities required to support the development;

C.

Provide the framework to phase and pace growth so as to minimize its environmental, social, and fiscal impacts, and ensure concurrency between growth, infrastructure and services;

D.

Provide for the accommodation of the city's fair-share housing allocations to meet the needs of all segments of the community;

E.

Establish a growth management program for the city of Rohnert Park that is consistent with the general plan, including the urban growth boundary measure approved by the voters in November, 2000.

(Ord. 755 § 2, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The purpose of this chapter is to assure that the rate of population growth will not exceed the average annual growth rates established in the general plan, and as outlined below, so new residential development and mixed-use developments with a residential component occur concurrently with necessary infrastructure and public service improvements. By monitoring and managing the city's residential development, this chapter furthers the following general plan goals:

A.

Maintain a compact urban form, with defined urban growth boundary and urban development intensities in land designated for urban uses.

B.

Promote a balanced land use program and increase the ability of people to live and work in the city.

C.

Require preparation of specific plans for strategic new growth areas with complex land use programs.

D.

Maintain land use patterns that maximize residents' accessibility to parks, open space, and neighborhood shopping centers.

E.

Maintain a balance of land uses and a variety of housing types over time.

F.

Continue to maintain efficient land use patterns and ensure that infill development maintains the scale and character of established neighborhoods.

G.

Undertake efforts to facilitate provision of housing affordable to low- and very-low income households by exempting such housing from any numerical growth limitations included in this chapter.

H.

Ensure that growth is paced to achieve general plan buildout over a twenty-year period, representing an annual average growth rate of one percent.

I.

Promote contiguous urban development and maintain a compact form over successive stages of the city's development.

J.

Ensure all new development provides the necessary public facilities to support the development.

K.

Minimize the impacts, physical, visual and fiscal, of growth and annexation on existing homes and businesses.

L.

Maintain high levels of mobility along all major street segments and at major intersections.

M.

Build new roads and improve existing roadways, where necessary, in conjunction with new development.

N.

Develop additional parkland in the city to meet the standards of required park acreage for new residents pursuant to an ordinance providing for dedication of park land and payment of in lieu fees.

O.

Ensure that adequate wastewater facilities and services are available to meet the needs of existing and new development.

P.

Provide sufficient quantities of water for Rohnert Park residents and businesses, while ensuring that safe groundwater yield is not exceeded.

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

For the purposes of this chapter, the following words, phrases, and terms shall have the meanings set forth herein. Words not defined shall be given their common and ordinary meaning.

A.

"Final discretionary approval" means the last action by the city that calls for the exercise of judgment in deciding whether to approve and/or how to carry out (e.g., project phasing) a residential project or a mixed-use project with a residential component. Examples include, but are not limited to approvals of conditional use permits, tentative maps, development agreements, annexations, rezonings, and architectural/site design reviews.

Multiple Discretionary Approvals. For purposes of determining the date of final discretionary approval for a project with multiple discretionary approvals, the action establishing a certain number of residential units shall be considered the date of final discretionary approval. For subdivision developments, this action would be tentative map approval by the planning commission. For non-subdivision development, this action will usually be architectural/site design review.

Project Appeals. If a project approval is appealed and the approval is upheld, the original approval date (e.g., date of planning commission approval) is the final discretionary approval. If a project is denied, but approved on appeal, the approval date is the final discretionary approval (e.g., date of city council action).

B.

"Final map" means the same as used in Chapter 16.14 of this code.

C.

"Model home" means a residential unit used as an interim office/showroom/sales center for a residential development and not as a dwelling. The number of model homes allowed for any phase of a residential development shall not exceed six units.

D.

"Residential building permit implementation" means construction of the dwelling unit that a building permit pertains to and is deemed to take place one year after the permit is issued.

E.

"Trigger cap" means the threshold at which a cap on residential development will be established. Its purpose is to maintain an average population growth rate of one percent per year.

F.

"Urban development" means development requiring one or more basic municipal services including, but not limited to, water service, sewer, improved storm drainage systems, fire hydrants, and other physical public facilities and services; provided, however, that open space uses, parks, agricultural uses, community fields, and golf courses beyond the urban growth boundary that are provided for municipal or public services, shall not be defined as "urban development."

G.

"Urban growth boundary (UGB)" means the line within which all urban development is to be contained within a specified time period (e.g., twenty years). It represents the ultimate edge of urban uses for the city of Rohnert Park.

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

Not later than May 31 of each year, the city council shall conduct an annual review of the growth management program.

A.

The purpose of the review shall be to:

1.

Determine the consistency of the growth management program with the goal of one percent average annual population growth rate, a balanced land use program, accommodation of the city's fair-share housing allocations, development patterns and growth area priorities, infrastructure availability, and land use programs as well as with the goals, plans, and policies of the general plan and state housing, planning, and zoning law;

2.

Review the phasing and pace of residential development (see Section 17.19.040 of this chapter). If, as a result of this review the trigger cap is implemented, as provided in subsection 17.19.050(B) of this chapter, the city council may adopt a resolution establishing priority residential development areas (as described in Section 17.19.060 of this chapter) and allocating residential units in accordance with the standards established in Section 17.19.060 of this chapter.

3.

Ensure that the development in each specific plan area is coordinated with the growth management program.

B.

The review shall include a report from the planning and community development director to the city council listing:

1.

The number of units included in final discretionary approvals granted for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

2.

The number of units included in final map filings for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

3.

The number of building permits approved for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

Projected housing units by year per approved and pending development agreements;

5.

Applications pending for new residential units or mixed-use development with a residential component, with a time schedule for final discretionary approvals, final map filings, and residential building permit issuance;

6.

The following types of projects shall be listed separately and shall not be included in the housing counts in the calculation of the trigger cap:

(a)

Single-family dwellings on legal lots of record within the July 2000 city limits that are not within an approved subdivision;

(b)

Housing that is affordable to low- and very-low income households, and housing that is affordable to moderate-income households under the city's inclusionary housing requirements;

(c)

Second dwelling units;

(d)

Conversions of mobile homes or apartments to condominium ownership where no new units are created or spaces are proposed;

(e)

Rehabilitation, remodel or replacement of existing housing; and

(f)

Model homes, until certificate of occupancy is issued.

(g)

Residential infill projects or portions thereof that can establish to the satisfaction of the city engineer that:

(1)

Adequate public resources, such as water and wastewater, are available,

(2)

No amendment to any then existing water supply assessment or general plan adopted by the city is required, and

(3)

Which consist of any one of the following:

(i)

Listed in the quantified objectives of the city's housing element;

(ii)

Adaptive reuse projects (i.e. the redevelopment of an existing property from a non-residential use to a residential use);

(iii)

Transit oriented development;

(iv)

Live/Work projects;

(v)

Residential projects developed on commercial properties that have mixed-use components or are under five acres in size or one hundred units or less;

(vi)

Smaller residential projects (e.g., under five acres in size or one hundred units); or

(vii)

Special Needs units (e.g., single-family units designed for disabled residents).

• (Ord. 755 § 3, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The phasing and pace of development shall be managed, as outlined below, to maintain an average approximate population growth of one percent. The implementation of the trigger cap is based upon the following facts and assumptions:

A.

1.

Residential building permit implementation for new residential units shall be used to make the calculations required by Section 17.19.050 of this chapter to determine if a cap has been triggered and for setting the cap, if triggered. For purposes of this chapter, "Residential building permit implementation" shall occur one year after the issuance of the building permit for a given residential dwelling unit.

2.

An applicant for a final discretionary approval shall submit a phasing plan that identifies the years in which residential building permits are expected to be implemented for the development.

3.

For final discretionary approvals occurring in years that no residential development cap is in place, a condition shall be imposed on the final discretionary approval that the first residential building permit shall be obtained within three years of the date of the final discretionary approval, and that any subsequent residential building permits shall be applied for in accordance with the phasing plan approved pursuant to subsection (A)(2) of this section. If a residential building permit application is not filed in accordance with the time periods set forth in this section, the issuance of residential building permits for the development shall be subject to subsection 17.19.060(A) of this chapter, if a residential development cap is in place.

4.

For final discretionary approvals occurring in years that a residential development cap is in place, a condition shall be imposed on the final discretionary approval that a residential building permit shall not be approved unless adequate allotments exist under the residential development cap to allow the filing of the residential building permit application subject to Section 17.19.060 of this chapter.

B.

Dwelling units that are to be phased per an approved development agreement shall be considered in calculations required by Section 17.19.050 of this chapter in accordance with the phasing terms of the development agreement. Development agreements are encouraged.

C.

The goal of an average annual growth rate of one percent is based on the State Department of Finance's estimated 1999 population of forty one thousand and the buildout estimate of fifty thousand four hundred (Note: The persons per household is calculated as follows: 50,400 pop.—41,000 pop. = 9,400 pop./20 years = 470 pop. per year/225 units per year equals 2.08 persons per household.).

D.

Since the buildout estimates do not include on-campus Sonoma State University (SSU) units and the city does not have control over development by the state, existing and new SSU units shall not be used in the calculations required by Section 17.19.050 of this chapter should SSU be annexed to the city.

E.

Estimated 1999 population includes population within the Canon Manor area. Therefore, residential units in Canon Manor existing on the effective date of this chapter shall not be included in the calculations required by Section 17.19.050 of this chapter should Canon Manor be annexed to the city. Further, where future development is anticipated to replace residential units existing within the proposed specific plan areas on the date of annexation, those units shall not be included in the calculations required by Section 17.19.050 of this chapter should the areas be annexed to the city.

F.

Other housing units exempt from the trigger cap calculation:

1.

Low and very-low income housing, and housing that is affordable to moderate-income households under the city's inclusionary housing requirements;

2.

Replacement housing on single-family lots and new housing on lots in subdivisions within the existing city limits at the time of adoption of this chapter for which the final map was recorded prior to adoption of the ordinance codified in this chapter;

3.

Second dwelling units;

Model homes, as defined by subsection 17.19.020(C) of this chapter, until such time as a certificate of occupancy is issued.

5.

Residential infill projects or portions thereof that are:

(a)

Listed in the quantified objectives of the city's housing element;

(b)

Adaptive reuse projects (i.e. the redevelopment of an existing property from a non-residential use to a residential use);

(c)

Transit oriented development;

(d)

Live/Work projects;

(e)

Residential projects developed on commercial properties that have mixed-use components or are under five acres in size or one hundred units or less;

(f)

Smaller residential projects (e.g., under five acres in size or one hundred units); or

(g)

Special Needs units (e.g., single-family units designed for disabled residents).

G.

Congregate care/assisted-living facilities shall be considered an institutional use and the beds shall not be included in the calculations required by Section 17.19.050 of this chapter. Independent living units for seniors (i.e., those that contain individual kitchens) shall be included in the Section 17.19.050 calculations; however, every two and one-half units shall be counted as one unit.

H.

The average household size and estimated population and unit growth shall be reviewed based on Census 2000 and following any future U.S. Census or special census. Changes may be made as necessary to accommodate the data provided in Census 2000 and any future census.

I.

The calendar year 2001 is the beginning of the growth management program.

J.

To account for no growth outside of the city's 2000 city limits for the first several years after the effective date of this chapter, growth within the first four years shall be limited to nine hundred housing units, an average of two hundred

twenty-five units per year. The review of the development pace for the preceding three-year period begins in the fifth year by looking at years two, three, and four.

(Ord. 755 § 4, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

17.19.050 - Formula for applying trigger cap.

A.

Beginning in the calendar year 2005, if the annual report demonstrates both that the combined number of residential building permits implemented in any two successive (i.e., prior) calendar years exceeds five hundred sixty housing units (five hundred sixty represents one hundred twenty-five percent of the two-year average growth of four hundred fifty housing units), and the development pace for the preceding three-year period has exceeded an average of two hundred twenty-five units per year, then a cap on residential development (i.e., residential units) in the following calendar year shall be established. The residential development cap, if triggered, shall be based on the following formula: (Number of years beginning in Year 2001 x 225 units) less the number of units included in residential building permits implemented equals the residential development cap. The following examples are based on potential market driven development scenarios.

---

• A 16 unit apartment complex has already been approved this year.

** City hopes to approve housing in the City Center and possibly along Commerce Blvd. in Year one or two.

• *** Trigger Criteria (both criteria must be met to trigger cap):

  • 1=development approvals exceed 560 in any two successive (i.e., prior) years.

  • 2=development pace over the preceding 3-year period has exceeded an average of 225 units per year (675).

• **** When the cap is triggered, the cap is set by calculating the number of years (past years + trigger year) times 225 units per year and subtracting the number of units that have been approved to date (e.g., Scenario 1, Year 5 = 5 X 225 =1,125; 1,125—846 = 279).

B.

During the annual review, the trigger cap may be adjusted up or down a maximum of ten percent by the city council (i.e., between two hundred two and two hundred forty seven) to accommodate changes in land use program assumptions (for example, vacancy rate factors and household size).

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

17.19.060 - Establishing priority development areas and application of residential development cap.

A.

Establishing Priority Development Areas. The city council may, by resolution, establish priority development areas, after calculating the trigger cap and determining the need for a residential development cap based on policies in the land use and growth management element of the general plan.

B.

Residential Development Cap. If established, the residential development cap shall be allocated at the time of residential building permit application except as provided for in subsection 17.19.040(A)(3). Examination of an application for allotment under the residential development cap shall consider the following factors, with the first four factors to be given the highest priority:

1.

Project Design. The extent to which the project is adapted to its natural setting, promotes mixed use and pedestrianoriented development and otherwise fosters smart growth principles, contributes to a cityscape that provides visual interest, and results in a development with a distinctive character. Emphasizes linkages and accessibility to existing and proposed public and private open space, bicycle/pedestrian paths, commercial centers, and transit opportunities.

2.

Maintenance of City Services and Facilities (including, but not limited to, wastewater, stormwater drainage, water supply, parks, and roadways). The extent to which the project provides for a funding mechanism to ensure continued provision of city services without creating a burden on existing residents, including the provision and funding of required public safety facilities and the ongoing provision of public safety services.

3.

Sustainability/Green Building. The extent to which the development incorporates green building techniques and standards, maximizes energy efficiency, minimizes greenhouse gas emissions, and provides for the use of reclaimed water and the reduction of water consumption and discharge.

4.

Affordable Housing. The extent to which the development accommodates the city's regional fair share housing allocations as described in the housing element of the general plan, particularly for very low- and low-income households

and for preferred types of affordable housing (e.g., are "for sale" units needed more than "rental" units during a given time period, or are second units desired to meet a portion of the existing affordable housing need?)

5.

Art and Cultural Components. The extent to which the development contributes and funds aesthetic benefits for the community, both on- and off-site.

6.

Traffic Improvements. The extent to which the developer provides priority local and regional roadway improvements.

7.

Development Agreement. The extent to which the project has an approved development agreement with the city.

In the event that more than one application for final discretionary approval is submitted that has equal merit based on the above criteria, the residential cap shall be allocated on a calendar year basis on a first-come, first-served basis.

In the case of a residential development cap of seventy-five or more, the city shall not approve final discretionary permits for more than one-third of the cap to any single applicant or single residential development unless the city council finds that such approval is consistent with the resolution adopted pursuant to subsection (A) of this section. For purposes of this section, a single residential development means one or more contiguous units on contiguous lands owned by any person, persons, legal entity or entities or any combination thereof which have a common ownership interest of more than fifty percent in each such entity.

(Ord. 755 § 5, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The city council shall adopt general performance standards for streets, water, wastewater, storm water, solid waste, parks, and public safety. Specific performance standards for citywide facilities shall be adopted as part of the capital improvement program (CIP).

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

Chapter 17.21 - DEVELOPMENT AGREEMENT PROCEDURE

This chapter is enacted pursuant to the authority contained in Section 65864 et. seq. of the California Government Code. The purposes of these provisions are to prescribe the procedure for consideration of development agreements, encourage private participation in comprehensive planning, and reduce the economic costs of development.

(Ord. 695 § 3, 2003)

Application for a development agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Application shall be made on a form prescribed by the planning and community development director and shall be filed with such department. The application shall be accompanied by a fee prescribed by the city council, and a project description, which shall include the following:

A.

A legal description of the affected property, a listing of property owners, and the proposed parties to the agreement;

B.

A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the agreement and those that may vary;

C.

An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project;

D.

The special conditions, if any, to be imposed;

E.

The timing of the development project;

F.

Public facilities financing plan;

G.

A statement of the relationship to the specific plan and to the general plan; and

H.

Other items specific to the project proposal, as determined by the city attorney or planning and community development director.

(Ord. 695 § 3, 2003)

A.

An application for a development agreement shall be considered by the planning commission, which shall hold a public hearing on the application. Notice of the hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The planning commission shall determine whether the proposal is consistent with the city's general plan and any applicable specific plan, and may recommend approval or disapproval of the application, or recommend its approval subject to changes in the development agreement or conditions of approval, giving consideration to the factors set forth in Section 17.21.040.

B.

After a recommendation has been rendered by the planning commission, the city council shall hold a public hearing on the application. Notice of the hearing and the intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The council shall review the recommendation of the commission and determine whether the proposal is consistent with the city's general plan and

any applicable specific plan, and may approve or disapprove the proposed development agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in Section 17.21.040. If the council approves the development agreement or approves it subject to changes or conditions, it shall do so by ordinance.

(Ord. 695 § 3, 2003)

In reviewing an application for a development agreement, the planning commission and city council shall give consideration to other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the applicant to fulfill public facilities financing plan obligations; the relationship of the project to the city's growth management program; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park, and of its contribution if any toward meeting the city's housing needs; and to any other comparable, relevant factor.

(Ord. 695 § 3, 2003)

A.

Periodic review. Each development agreement shall be reviewed at least once every twelve months, and the review period shall be specified in the agreement. Application for periodic review shall be made on a form prescribed by the planning and community development director and shall be filed with such department. A fee prescribed by the city council shall accompany the application. Failure to file for such review within thirty days of a written notice sent by the planning and community development director of the requirement to file within the time limits specified in the agreement shall render the agreement null and void. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If the planning and community development director finds that such compliance has been deficient, he or she shall forward this finding and his or her recommendation to the city council for consideration in accordance with subsection B of this section.

B.

Termination. At any time the city council may, at a public hearing, consider whether there are grounds for termination of any development agreement. Notice of the hearing shall be given by posting notices thereof within three hundred feet of the property involved. Notice of the hearing shall also be given by mail or delivery to the holder of the development agreement, to all parties who have commented on the initial application, and to other interested parties as deemed appropriate. All such notices shall be given not less than ten days prior to the date set for the hearing. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of such review, the council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the council may terminate or modify the agreement in whole or in part.

(Ord. 695 § 3, 2003)

A development agreement shall not be transferred or assigned to a new person without the written consent of the city. A successor in interest shall provide proof of ability to fulfill the applicant's obligations pursuant to the development agreement. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A development agreement may be amended, or canceled in whole or in part, by the mutual consent of the

parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements.

(Ord. 695 § 3, 2003)

No later than ten calendar days after the city enters into a development agreement, the city clerk shall record with the county recorder a copy of the agreement, which shall describe the land subject thereto. If the agreement is amended, canceled, or revoked pursuant to Sections 17.21.070 and 17.21.080, the city clerk shall record notice of such action with the recorder.

(Ord. 695 § 3, 2003)

Chapter 17.23 - MOBILE HOME PARK CONVERSIONS

The purpose of this chapter is to ensure that any proposed conversion of an existing mobile home park to any other use is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion and that relocation and other assistance is provided park residents, consistent with the provisions of this chapter and Sections 65863.7 and 66427.4 of the California Government Code. Conversions of mobile home parks may conflict with the policies of the city of Rohnert Park to provide a variety of tenure, type, price, and location of housing and to maintain the supply of mobile home housing for low- and moderate-income persons and families. This chapter is enacted to ensure that approval of proposed conversions and cessation of use is consistent with policies and objectives of the city of Rohnert Park, particularly the following:

A.

To make adequate provision for the housing needs of all economic segments of the community;

B.

To provide a reasonable balance between mobile homes and other types of housing;

C.

To inform prospective participants in a conversion project regarding the physical conditions of the structures and land offered for purchase;

D.

To reduce and avoid the displacement of long-term residents, particularly senior citizens, the handicapped, low-income households, and families with school-age children who may be required to move from the community due to a shortage of replacement mobile home housing or other affordable housing alternatives.

(Ord. 695 § 3, 2003)

A.

A variety of State of California laws address subjects relating to mobile homes, mobile home parks, the valuation of mobile homes, and the purchase of mobile home parks by non-profit resident organizations. In adopting this chapter, the city council recognizes that these laws—for example, the Mobile Home Parks Act (Part 2.1 of Division 13 of the Health and Safety Code); the Subdivision Map Act (Part of Division 2 of the Government Code); the Subdivided Lands Act (Part

2 of Division 4 of the Business and Professions Code)—preempt local legislation on the subject matter areas addressed by these state laws. Nothing in this chapter shall, in any way, be construed, interpreted or implemented in a way that conflicts with state law.

B.

The Constitutions of the State of California and the United States provide the owner of private property with certain procedural and substantive rights of due process. It is the intention of the city council in adopting this chapter to respect, to the fullest extent of the law, those procedural and substantive rights of due process. Nothing in this chapter shall, in any, be construed, interpreted or implemented in a way that deprives a private property owner of procedural and substantive due process under the Constitutions of the State of California and the United States.

(Ord. 695 § 3, 2003)

For the purpose of this chapter, certain words and phrases are defined in this part and shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended.

"Comparable housing" means housing that is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

"Comparable mobile home park" means any other mobile home park substantially equivalent in terms of park conditions, amenities and other relevant factors.

"Conversion project" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation. A conversion shall include, but not be limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, or the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of a park. "Conversion" shall not include the purchase of the park by its existing residents.

"Property owner" means the owner or subdivider with a controlling proprietary interest in the proposed mobile home park conversion project.

"Designated resident organization" means any association of mobile home owners and/or mobile home residents within a mobile home park which has, not later than fifteen days after issuance of a notice of intent to convert, provided the owner or manager of the mobile home park written notice of the following:

1.

The name and address of the organization.

2.

The name and address of the representative of the organization to whom all notices under this chapter shall be given.

3.

A statement that the organization is interested in purchasing the mobile home park.

"Disabled mobile home owner" means a mobile home owner who is the primary wage earner of a household, or a single person, with any medically determinable physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the mobile home. "Physical or mental impairment" is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

"Mobile home" means a structure designed for human habitation or for being moved on a street or highway with a permit pursuant to Section 35790 of the Vehicle Code. Mobile home includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Civil Code Section 799.24, or a commercial coach, as defined herein and in Section 18001.8 of the Health and Safety Code.

nt to Section 35790 of the Vehicle Code. Mobile home includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Civil Code Section 799.24, or a commercial coach, as defined herein and in Section 18001.8 of the Health and Safety Code.

"Mobile home lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home.

"Mobile home owner" means a person who has the right to the use of a mobile home lot within a mobile home park on which to locate, maintain, and occupy a mobile home, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

"Mobile home park" means an area of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

"Mobile home resident" means a person, including a mobile home owner, who occupies a mobile home.

"Organizational documents" means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a mobile home park conversion to ownership project.

(Ord. 695 § 3, 2003)

17.23.030 - General requirements for all conversion projects.

A.

Use permit required. A conversion project shall be permitted, subject to the approval of a conditional use permit, if the use to which the mobile home park will be converted is allowed in the zoning district.

B.

Notice of intent to convert. At least sixty days prior to the date of filing an application for a use permit for a conversion project, the property owner shall notify, in writing by certified mail, each mobile home owner and the designated resident organization of the proposed project of his/her intention to convert. Said notice of intention to convert shall contain a statement that (1) the property owner proposes a Conversion Project; (2) the property owner will file an application for a conditional use permit with the city of Rohnert Park; (3) a Designated Resident Organization has the rights set forth in subsection 17.23.030 C; and, if applicable, (4) the property owner shall file an application for a final public report with the California Department of Real Estate.

After the date of the notice of intention to convert, the property owner shall, provide a copy of the notice to each person applying for rental of a mobile home lot in the proposed project, prior to payment of any rent or deposit. Said notice shall be posted at all entrances of the mobile home park and in a conspicuous location in the office and/or clubhouse that is visible to all residents (e.g., on an existing bulletin board used for activity notices).

C.

Right of negotiated purchase. A designated resident organization shall have the right to negotiate for purchase of a mobile home park for which a conversion project is proposed, if written notice of the exercise of this right is provided to the property owner within forty-five days of the date of issuance of the notice of intention to convert.

D.

Negotiation for purchase. If a written notice has been provided to the property owner pursuant to paragraph subsection C above, the following procedure shall be followed:

1.

The city shall not accept an application for a conditional use permit for the conversion project for ninety days from the date the designated resident organization provided written notice to the property owner in order that good faith negotiations can be encouraged and such steps may be taken as are reasonably likely to result in preservation of the mobile home park and the housing opportunities therein.

2.

Within fifteen days of receipt of notice provided pursuant to subsection C, the property owner, or the property owner's designated agent, shall meet with the designated resident organization that has provided such notice in order to explore the possibility of acquisition of the park by such organization.

3.

If at the end of the ninety-day period a negotiated purchase is not agreed upon, the city shall accept an application for a use permit for the conversion project.

E.

Supplemental information required. In addition to submittal requirements otherwise required for a conditional use permit application, the following information must be submitted for every conversion project:

1.

A declaration that, after the date of filing such application, each person applying for rental of a mobile home or mobile home lot in the proposed project prior to payment of any rent or deposit, shall receive, pursuant to Section 17.23.030, subsection B, written notification of intention to convert.

2.

A statement detailing the current ownership of all improvements and underlying land; the name and address of each present resident and mobile home owner within the mobile home park on three sets of gummed labels for the mailing of public hearing notice.

3.

A timetable for conversion of the mobile home park use.

4.

A report on the impact of the conversion project on the mobile home park residents and a relocation and purchase assistance plan addressing the availability of replacement housing for existing tenants of the mobile home park consistent with Sections 17.23.040 and 17.23.050, respectively, and Section 65863.7 of the California Government Code.

5.

A boundary map and survey showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.

6.

If applicable, the proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project subject to the following provisions:

a.

The property owner shall file with the planning and community development director a true copy of any amended, revised or additional documents submitted to the Department of Real Estate ten days prior to the public hearing before the planning commission on a conditional use permit for a conversion project.

b.

The property owner shall file with the planning and community development director a true copy of the final public report within ten days of issuance by the Department of Real Estate.

7.

Such other documents or information as the planning and community development director may require to further the purposes of this chapter. Copies of the supplemental application shall be made available upon request at the on-site office of the mobile home park, during regular business hours, to mobile home owners and mobile home residents.

F.

Applicant's notice of hearing to park residents. Within twenty days of receipt of a use permit application or at least thirty days prior to a hearing on a use permit application for a conversion project, whichever is later, the planning and community development director shall inform the applicant in writing of the requirements of Civil Code Section 798.56 and this chapter regarding the notification of the mobile home park residents and homeowners concerning the public hearing on the proposed conversion.

G.

Complete application. No use permit application for a conversion project shall be deemed complete and processing for consideration shall not commence until satisfactory evidence that the applicant provided each resident and mobile home owner within the proposed project, pursuant this section, written notice of intention to convert. In addition, satisfactory evidence of the posting of said notice at all entrances to the mobile home park and in a conspicuous location shall be submitted.

H.

Special noticing requirements. In addition to the notice otherwise given for a public hearing to consider an application for a use permit, the following notices shall be mailed or posted:

1.

The planning and community development director shall provide the following notice:

a.

At least ten days before the date set for hearing, a notice of the time, place, and purpose of any public hearing on an application for a conversion project shall be sent to each resident and mobile home owner of the proposed project.

b.

A copy of the staff report on an application for a conditional use permit for a conversion project shall be mailed to each mobile home owner at least five days before the date set for hearing thereon.

The failure of the planning and community development director to mail any notice or report, or the failure of any mobile home owner to receive the same, shall not affect the validity of any proceedings taken under this chapter, nor prevent the planning commission from proceeding with any hearing at the time and place set therefor.

In addition to the above noticing requirements and at least ten days prior to the date of the public hearing, the property owner shall cause to be prepared and installed at all park entrances a thirty-two sq. ft. sign describing the proposed project and giving the date, time and location of the public hearing. The sign material, color, type style, and installation shall be approved by the planning and community development director.

3.

Within five days of receipt of a final public report on the proposed project from the California Department of Real Estate, if applicable, the property owner shall notify each of the mobile home owners in the proposed conversion project of the issuance of said report. The notice shall indicate that copies of said report are available on request.

I.

Educational forum. At the time an application for use permit is filed for a mobile home park conversion of use and prior to the public hearing on the application, the planning and community development director shall hold an educational forum for the mobile home owners and mobile home park residents to explain the application process and the requirements for, and components of, a conversion impact report and relocation and purchase assistance plan. Simplified educational materials regarding the ordinance shall be prepared, as appropriate, for distribution to the residents and mobile home owners.

(Ord. 695 § 3, 2003)

A.

Impact report. At any time an application for a use permit is filed for a conversion project, or at least one year before the closure of a mobile home park or the cessation of use of the land as a mobile home park, the property owner shall file a conversion impact report with the planning and community development director. The report shall address the availability of adequate replacement housing in mobile home parks and relocation costs. The impact report also shall be given to residents of the affected mobile home park at least fifteen days before any public hearing scheduled on the use permit or impact report.

B.

Contents of the impact report. At a minimum the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the planning director:

1.

A detailed description of the mobile home spaces within the mobile home park, including but not limited to:

a.

The total number of mobile home spaces in the park and the number of spaces occupied; the monthly space vacancy over the preceding two years of each mobile home lot proposed to be converted;

b.

The square footage of each mobile home lot and the length of time each space has been occupied by the present resident(s) thereof;

c.

The age, size, and type of mobile home occupying each space;

d.

The current or last monthly rent charged for each space, including any utilities or other costs paid by the present resident(s) thereof, and the rental rate for the preceding two years.

2.

Identification of all residents sixty-two years and over, all residents with minor children, and all permanently disabled residents. The number of very-low, low, and moderate income residents shall also be provided.

3.

A list of all comparable mobile home parks within the city of Rohnert Park and Sonoma County with vacancies. This list shall include the age of the mobile home park and the mobile homes therein, a schedule of rents for each park listed including the duration that leases are offered at the reported rent, and the criteria of the management of each park for acceptance of new tenants and used mobile homes. Information pertaining to rent control, the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. Any written commitments from mobile home park owners willing to accept displaced mobile home owners shall be provided with the listing of known available mobile home lots.

4.

A detailed analysis of the economic impact of the relocation on the tenants including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the city of Rohnert Park or Sonoma County, estimates from two moving companies as to the per mile costs of moving mobile homes of various sizes including, but not limited to, tear down and set up of homes, and the moving of personal property, and any direct or indirect costs associated with a relocation to another mobile home park.

5.

A list of the names, addresses, and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include but not be limited to assistance in locating a suitable replacement mobile home park, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

6.

The report shall also contain the property owner's best estimate of the number of spaces in the park being closed that may be accommodated in other locations and the number of spaces for which no reasonable alternative location exists.

C.

Hearing on the impact report. Within forty-five days of a use permit application for conversion or closure project being determined complete, the planning commission shall hold a public hearing on the report and its contents. Notice of the public hearing shall be in accordance with the provisions of Chapter 17.25 Article XI of this title and Section 17.23.030, subsection H, above.

D.

Mitigation measures. At the public hearing, the planning commission shall hear and consider all matters brought before it for consideration, including matters to mitigate the impact of the conversion of use, closure or cessation of use. The cost of mitigation measures selected by the planning commission shall not exceed the reasonable costs of relocation as further described in Section 17.23.050.

(Ord. 695 § 3, 2003)

A.

Relocation and purchase assistance plan. At any time an application for a use permit is filed for a conversion project, the property owner shall file a relocation and purchase assistance plan with the planning and community development director. The plan shall include a program of relocation and purchase assistance for displaced residents and mobile home owners who resided in the park prior to the filing of a use permit for a conversion project. The plan also shall be filed with and given to residents of the affected mobile home park at least fifteen days before any public hearing scheduled on the use permit.

B.

Contents of the relocation and purchase assistance plan. At a minimum the plan shall include the following, as well as any other information deemed necessary and appropriate by the planning director:

1.

The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified MAI appraisers of mobile homes.

2.

The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified as mobile home movers.

3.

The plan shall provide for relocation assistance, for a minimum period of twelve months following the closure of the mobile home park, to very-low, low, and moderate income residents and senior citizens over the age of sixty-two residing in the park.

4.

The plan shall provide guarantees that all tenants sixty-two years of age or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.

5.

The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobile home park within the city of Rohnert Park or Sonoma County (other locations may be included if agreed to by the resident or mobile home owner) to any tenant who relocates from the park after city approval of a use permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to the applicant's submittal to the city of a use permit application for a conversion project, eligibility to receive moving expenses shall be forfeited.

6.

If the city council determines that a particular mobile home cannot be relocated to a comparable mobile home park within the city of Rohnert Park or Sonoma County (and no other identified location is acceptable to the homeowner) and the mobile home owner has elected to sell his or her mobile home, than the city council may, as a part of the reasonable cost of relocation as provided in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobile home of a displaced home owner. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing, and assuming the continuation of the mobile home park in a safe, sanitary, and well maintained condition, and not considering the effect of the change of use on the value of the mobile home. If a dispute arises as to the value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified California licensed appraisers with experience, within the last three years, in establishing the value of at least three mobile homes. The appraisals are to be made no more than sixty days prior to their submittal. The city council shall determine the value based on the average of the appraisals submitted by the applicant and the mobile home owner.

7.

Additional measures to mitigate the adverse impacts of conversion upon mobile home park residents and homeowners may be included in the relocation and purchase assistance plan. These measures may include but not be limited to:

a.

For those who move to a multiple or a two-family dwelling, provision of a rent subsidy for up to twenty-four months. Rent shall not exceed the fair market rent for equivalent housing in Sonoma County as established by the U.S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of a multi-family dwelling and the rent of the mobile home space or mobile home on the date of notice to convert.

b.

Payment of the difference between the old and new mobile home park spaces for up to twenty-four months.

c.

A program for extended leases or rental agreements for mobile home owners and residents who are handicapped, aged sixty-two or over, of low income, and/or with minor children. The purpose of such extended leases or rental agreements is to provide added time for relocation and purchase assistance for mobile home owners and residents that may have difficulty in securing other housing. "Extended lease or rental agreement" is a lease or rental agreement whose expiration date is extended at least ninety days.

(Ord. 695 § 3, 2003)

In approving a use permit for conversion project, the city council shall find, in addition to the conditional use permit findings, that the proposed conversion meets the following requirements:

A.

That the proposed use of the property is consistent with the general plan.

B.

That the residents of the mobile home park have been notified, pursuant to this chapter of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversions.

C.

That the conversion will not result in the displacement of very low, low, or moderate income mobile home residents or senior citizens over the age of sixty-two who cannot afford rents charged in other mobile home parks within the city of Rohnert Park or Sonoma County, unless otherwise approved by the city council.

D.

That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within the city of Rohnert Park or Sonoma County or in a location acceptable to a mobile home owner or resident that will be displaced, or that the applicant has agreed to purchase any mobile home that cannot be relocated as provided for in this chapter.

E.

That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

F.

That the relocation and purchase assistance plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

(Ord. 695 § 3, 2003)

The city council shall impose any necessary and appropriate conditions of approval to satisfy and implement the intent, purpose and content of this chapter including, but not limited to, full implementation of the relocation and purchase assistance plan prior to the establishment of a new use or the cessation or closure of the mobile home park use.

(Ord. 695 § 3, 2003)

No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this chapter unless and until the applicant has filed with the planning and community development director a verified statement made under penalty of perjury that all conditions of approval have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this chapter. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. 695 § 3, 2003)

The city council may by resolution, adopt reasonable fees and a reasonable fee schedule for costs incurred by the city in implementing the provisions of this chapter.

(Ord. 695 § 3, 2003)

Chapter 17.25 - ADMINISTRATIVE AND ENFORCEMENT PROCEDURES Article I. - Conditional Use Permits

The regulations contained in this section are intended to:

A.

Establish procedures for the approval, conditional approval, or disapproval of conditional use permits when required by this section; and

B.

Establish findings to permit uses that have unusual site development features or operating characteristics requiring special consideration so that the use may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area.

(Ord. 695 § 3, 2003)

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the regulations of this title which are consistent with the city's general plan, the specific purposes of the zoning district in which the site is located, and the provisions of this section.

(Ord. 695 § 3, 2003)

An application for a conditional use permit shall include the following:

A.

The application form provided by the city, signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

B.

The required plans and other documentation pertaining to the application, including:

1.

Site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse and waste areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces provided, amounts of usable open space or interior yard area, and lot area coverage. Commercial and industrial developments shall include floor area ratio (FAR) calculations, net and gross lot area, and shall identify the square footage and location of all easements on the project site.

2.

A complete project summary including a description of all activities proposed for the site.

3.

Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the proposal and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

4.

Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

C.

Depending on the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, or photometric analysis may be required by the planning department. Smaller scale projects may have certain submittal requirements waived at the discretion of the planning and community development director or his/her designee.

(Ord. 695 § 3, 2003)

17.25.013 - Public hearing/notice.

A.

The planning commission shall hold a public hearing to consider an application for a conditional use permit.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

17.25.014 - Findings.

A.

The planning commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the planning commission makes each of the following findings:

1.

That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located;

2.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses;

3.

The proposed conditional use will comply with each of the applicable provisions of this title.

(Ord. 695 § 3, 2003)

A.

The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

B.

If an application is disapproved, then no new application for the same, or substantially the same, use shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

C.

The decision of the planning commission shall become final ten calendar days after the decision is rendered, unless appealed to the city council as set forth in Chapter 17.25 Article XII.

D.

A conditional use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure.

(Ord. 695 § 3, 2003)

17.25.016 - Lapse of approval/renewal.

A.

A conditional use permit shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

1.

A building permit has been issued and construction has diligently commenced; or

2.

A certificate of occupancy has been issued; or

3.

The use is established; or

4.

The conditional use permit is renewed in accordance with subsection B below.

5.

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 conditional use permit approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conditional use permit is filed with the planning commission. The planning commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning commission denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the city council as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

A conditional use established prior to enactment of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed in the conditional use permit.

Alteration or expansion of a conditional use shall be treated as a new application, unless the planning and community director finds that the alteration or expansion is minor, does not involve substantial alterations or additions to the original approval, and is consistent with the intent of the original approval.

(Ord. 695 § 3, 2003)

A.

A violation of a condition of approval or a provision of this chapter may cause a conditional use permit to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new conditional use permit application.

(Ord. 695 § 3, 2003)

Article II. - Variances

The regulations contained in this section are intended to:

A.

Establish procedures for the approval, conditional approval, or disapproval of variances when required by this section; and

B.

Establish findings to permit variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the zoning ordinance as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title.

(Ord. 695 § 3, 2003)

The planning commission may grant variances to the regulations prescribed by this title, in accordance with the procedure prescribed in this section. Variances shall not be permitted to change zoning classifications or residential densities, or for other matters related to the use of land.

(Ord. 695 § 3, 2003)

Application for a variance shall include the following:

A.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

B.

The required plans and other documentation pertaining to the application, including:

1.

Site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse and waste areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, and lot area coverage. Commercial and industrial developments shall include floor area ratio (FAR) calculations, net and gross lot area, and shall identify the square footage and location of all easements on the project site.

2.

A complete project summary including a description of all activities proposed for the site.

3.

Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the proposal and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

4.

Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

5.

An explanation of the justification for the variance.

Depending on the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, or photometric analysis may be required by the planning department. Smaller scale projects may have certain submittal requirements waived at the discretion of the planning and community development director or his/her designee.

(Ord. 695 § 3, 2003)

A.

The planning commission shall hold a public hearing to consider an application for a variance.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

The planning commission shall approve or conditionally approve a variance application if, on the basis of the application, supporting materials and oral and written testimony submitted at the hearing, the planning commission makes each of

the following findings:

1.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance.

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.

3.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;

4.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 695 § 3, 2003)

A.

The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

B.

If an application is disapproved, then no new application for the same, or substantially the same, variance shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

The decision of the planning commission shall become final ten calendar days after the decision is rendered, unless appealed to the city council as set forth in Section 17.25.120.

(Ord. 695 § 3, 2003)

17.25.026 - Lapse of approval/renewal.

A.

A variance shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

1.

A building permit has been issued and construction has diligently commenced; or

2.

A certificate of occupancy has been issued; or

The use is established; or

4.

The variance is renewed in accordance with subsection B below.

5.

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 variance approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the variance is filed with the planning commission. The planning commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning commission denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the city council as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

A.

A violation of a condition of approval or a provision of this section may cause a variance to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new variance application.

(Ord. 695 § 3, 2003)

Article III. - Site Plan and Architectural Review

The regulations contained in this section are intended to:

A.

Establish procedures for the approval, conditional approval, or disapproval of designs for new or modified site plans, structures, and signs when required by this chapter; and

B.

Establish findings to allow for the approval of projects that would be complementary to and harmonious with developments on adjacent properties and in the surrounding area.

C.

Prohibit ugly, inharmonious, and monotonous designs while encouraging originality in architecture, site design, and landscape design.

(Ord. 695 § 3, 2003)

17.25.031 - Applicability.

A.

Planning commission review of site and architectural plans shall be required for the following uses and/or structures:

1.

Any new site plan or building proposed in a residential district that is greater than one hundred twenty-eight square feet in size, except for single-family homes that are consistent with the architecture and design standards of the surrounding area as determined by the planning and community development director;

2.

Any new site plan or building proposed in a commercial district that is greater than two hundred fifty square feet in size and which would be visible from the public right-of-way;

3.

Any new site plan or building proposed in an industrial district that is greater than five hundred square feet in size and which would be visible from the public right-of-way; and

4.

An existing site plan or building for which exterior remodeling is proposed that would significantly change the configuration of the site or the outward appearance of the building.

B.

The planning and community development director, or his/her designee, shall review the application to determine the level of review required, pursuant to the provisions of this chapter. The planning and community development director, or his/her designee, shall review all projects under the criteria presented above to determine conformance with the provisions of this title.

C.

The planning and community development director or the city council may refer any matter concerning aesthetic site planning or design consideration to the planning commission for review.

(Ord. 695 § 3, 2003)

Applications for site plan and architectural review shall include the following:

A.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

B.

The required plans and other documentation pertaining to the application, including:

1.

Site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse and waste areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, and lot area coverage. Commercial and industrial developments shall include floor area ratio (FAR) calculations, net and gross lot area, and shall identify the square footage and location of all easements on the project site.

2.

A complete project summary including a description of all activities proposed for the site.

3.

Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the proposal and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

4.

Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

C.

Depending on the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, or photometric analysis may be required by the planning department. Smaller scale projects may have certain submittal requirements waived at the discretion of the planning and community development director or his/her designee.

(Ord. 695 § 3, 2003)

A.

For nonresidential projects, factors that shall be considered in the approval, conditional approval or denial of a site plan and architectural review application include, but are not limited to, the following:

1.

That the development's general appearance is compatible with existing development and enhances the surrounding neighborhood;

2.

That the development incorporates a variation from adjacent on-site and off-site structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the facade facing the street; and/or the line and pitch of the roof; and

3.

That the development will be located and oriented in such a manner so as to provide pedestrian, bicycle and vehicle connections with adjacent properties, as appropriate, and avoids indiscriminate location and orientation.

B.

For projects with a residential component, the approval, conditional approval, or denial of a site plan and architectural review application shall be made based on the following finding:

1.

That the proposed development is consistent with the objective standards and regulations of the city's general plan, municipal code, and any applicable specific plan or area plan, and the objective design and development standards as included in this code or adopted by resolution, as may be amended from time to time.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 36), 1-27-2026)

A.

If an application is disapproved, then no new application for the same, or substantially the same, project shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

B.

The decision of the planning commission shall become final ten calendar days after the decision is rendered, unless appealed to the city council as set forth in Chapter 17.25 Article XII.

C.

The decision of the planning and community development director, or his/her designee, shall become final ten calendar days after the decision is rendered, unless appealed to the planning commission as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

17.25.035 - Lapse of approval/renewal.

A.

A site plan and architectural review approval shall lapse two years after the date of final approval or at an alternative date specified at the time of approval, unless:

1.

A building permit has been issued and construction has diligently commenced; or

2.

A certificate of occupancy has been issued; or

3.

The use is established; or

4.

The site plan and architectural review approval is renewed in accordance with subsection B below.

5.

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 site plan and architectural 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 planning division. The department services director or their designee may approve an extension request or may refer the application to the planning commission for hearing, consideration, and determination.

C.

The planning commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning commission denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the city council as set forth in Chapter 17.25, Article XII.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 37), 1-27-2026)

Article IV. - Temporary Conditional Use Permit

The regulations contained in this section establish procedures for the approval, conditional approval, or disapproval of temporary conditional use permits when required by this chapter.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

In applying for a temporary conditional use permit, the applicant shall submit the following to the planning department:

A.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee;

B.

Written authorization from the property owner that the use may take place during the time period proposed;

C.

A site plan showing how the proposed temporary use will be conducted on the site, including the following, as applicable:

1.

Property lines, sidewalks;

2.

Existing and proposed temporary structures, off-street parking and loading facilities;

3.

Points of entry and exit for vehicles and circulation pattern;

Location of walls and fences;

5.

Lighting standards and devices (must meet the provisions of the electrical code);

6.

Temporary electrical hookups (must meet the provisions of the electrical code);

7.

Existing and proposed temporary signs;

D.

An endorsement of the project applicant's insurance policy, in the amount of one million dollars and in a form acceptable to the city attorney, naming the city of Rohnert Park as an additional insured;

E.

A clean-up deposit, if appropriate, to ensure that the site is returned to its prior state;

F.

Evidence that the city of Rohnert Park will be identified as the point-of-sale for all sales conducted within the city;

G.

A security plan for the use; and

H.

The name and telephone number of a twenty-four-hour point of contact during the entire period of the use.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

A.

The zoning administrator, or his/her designee, shall approve or conditionally approve a temporary conditional use permit application if, on the basis of the application, supporting materials, and comments received by other departments or agencies, it is found:

1.

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and

2.

The proposed temporary use will comply with each of the applicable provisions of this section.

B.

The zoning administrator, or their designee, may place conditions on the temporary conditional use permit to mitigate any possible impacts identified during review of the application to achieve the general purposes of this section and the specific purposes of the land use district in which the temporary use will be located to:

1.

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses in the surrounding area;

2.

Provide adequate access and parking; and

3

Ensure that lighting and temporary signage meet the provisions of this chapter.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

A.

The planning and community development director or their designee, shall review the application and shall forward it to other departments and agencies that may have an interest in the proposal.

B.

If an application is disapproved, then no new application for the same, or substantially the same, use shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

C.

The decision of the planning and community development director shall become final ten calendar days after the decision is rendered, unless appealed to the planning commission as set forth in Chapter 17.25, Article XII.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

For temporary uses that will be conducted more than once during a twelve month period, the project proponent may be required to apply for conditional use permit pursuant to Article I of this chapter.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

Temporary buildings and uses for construction purposes may be permitted for periods not exceeding one year, and may be extended for up to one year, provided a temporary permit and a building permit shall first be secured and the building official has provided for the subsequent removal thereof.

(Ord. No. 991, § 4(Exh. A, § 38), 1-27-2026)

Article V. - Administrative Permit

The regulations contained in this section establish procedures for the approval, conditional approval, or disapproval of administrative use permits when required by this or any other section.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

Application for an administrative use permit shall include the following:

1.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

2.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

The owners of properties contiguous to the project site shall be provided notice of the application a minimum of ten calendar days prior to action being taken on the application. The notice will be emailed to the planning commission and the city council at the same time as the owners of contiguous properties are noticed. If one or more of the neighboring property owners express opposition to the application, the planning director shall refer the application to the planning commission for review if the concerns cannot be resolved. Any member of the planning commission or city council may refer the item to the planning commission for review.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

The director or their designee shall approve or conditionally approve an administrative use permit if, on the basis of the application, supporting materials, and comments received by other departments or agencies, it is found:

1.

That the proposed location of the use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located;

2.

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and

The proposed use complies with each of the applicable provisions of this title.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

A.

The director shall review the application and shall forward it to other departments and agencies that may have an interest in the proposal.

B.

The decision of the director shall become final ten working days after the decision is rendered, unless appealed to the planning commission as set forth in Chapter 17.25, Article XII.

C.

If an application is disapproved, then no new application for the same, or substantially the same, use shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

A.

An administrative use permit shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

1.

A building permit has been issued and construction has diligently commenced; or

2.

A certificate of occupancy has been issued; or

3.

The use is established; or

4.

The administrative use permit is renewed in accordance with subsection B below.

B.

An administrative use permit approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the administrative use permit is filed with the planning division. The director or their designee may grant the renewal if the original findings of approval remain satisfied. If the director denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the planning commission as set forth in Chapter 17.25, Article XII.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

A.

A violation of a condition of approval or a provision of this section may cause an administrative use permit to be revoked or modified as set forth in Chapter 17.25, Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new application.

(Ord. 695 § 3, 2003)

(Ord. No. 991, § 4(Exh. A, § 39), 1-27-2026)

Article VI. - Certificate of Zoning Compliance

The regulations contained in this section are intended to:

A.

Ensure that each new or expanded use of a structure or site complies with all applicable provisions of this title.

B.

Maintain a record of each new or expanded use of a structure or site through the issuance of a certificate of zoning compliance for such projects that require same.

(Ord. 695 § 3, 2003)

No person shall construct or operate a use listed in the land use regulations (Chapter 17.06 of this title) as requiring a certificate of zoning compliance without first obtaining same from the zoning administrator. The certificate of zoning compliance is intended to certify that in all respects that the structure or lot and the proposed activity or use to be conducted therein is in full compliance with the provisions of this title, including all applicable zoning district requirements.

(Ord. 695 § 3, 2003)

A certificate of zoning compliance shall be required for the following:

A.

The completion of a structure for which a building permit has been issued. No separate application or fee shall be required for same;

B.

The initiation or commencement of any land use not requiring the construction of a structure; or

C.

A change in the use of a structure or property for which a Certificate of Zoning Compliance was issued or which was exempted under the provisions of this Title, whether or not such use involves a new owner, tenant, or operator.

(Ord. 695 § 3, 2003)

Application for a certificate of zoning compliance shall include the following:

1.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

2.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

Article VII. - Amendments

The regulations contained in this section are intended to establish procedures to consider the rezoning of properties within the city of Rohnert Park and amendments to the regulations within this title.

(Ord. 695 § 3, 2003)

Applications for a rezoning or amendments to the regulations within this title shall include the following:

A.

The application form provided by the city. For amendments involving the rezoning of property, this application must be signed by the owner(s) of property included in the proposed amendment, or their representative(s). Amendments to this chapter or map may also be initiated by a resolution of intention of the city council or of the planning commission.

B.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

A.

The planning commission shall hold a public hearing to consider a rezoning application or an application to amend the regulations within this title.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

Factors that shall be considered in the approval or denial of a rezoning or amendment application include, but are not limited to the following:

1.

That the proposed zoning and/or amendment is consistent with the general plan.

2.

That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public health, safety, or welfare.

3.

That with the proposed zoning and/or amendment 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. 695 § 3, 2003)

Following such hearing, the commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the council a copy of such report.

(Ord. 695 § 3, 2003)

Upon receipt of such report from the commission, the council shall set the matter for public hearing after giving notice thereof and of the proposed amendment as provided by law. After the conclusion of such hearing the council may adopt the amendments, or any part thereof, set forth.

(Ord. 695 § 3, 2003)

The designations, locations, and boundaries of the districts established are delineated upon the map entitled "Zoning Map for the city of Rohnert Park, California", which map and all notations and information thereon are hereby made a part of this chapter by reference. Any land within the incorporated limits of the city, now or in the future, and not designated or indicated on the zoning map shall receive a zoning classification conforming to that designated by the general land use plan of the city.

(Ord. 695 § 3, 2003)

The city may pre-zone unincorporated property adjoining the city. This process shall comply with this section and shall become effective upon annexation.

(Ord. 695 § 3, 2003)

Article VIII. - Nonconforming Provisions

This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structure they occupy.

(Ord. 695 § 3, 2003)

A.

Any nonconforming use, lot or structure shall be permitted to remain in existence so long as it remains in accordance with the provisions of this section.

B.

Damage or destruction of a structure. Should a nonconforming structure be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damages or destruction as determined by the city building official, the nonconforming structure shall not be reconstructed, except in conformity with this title.

Should a structure in which the use does not conform with the regulations for the district in which it is located, be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damage as determined by the city building official, the nonconforming use shall not be resumed, except in conformity with this title or a conditional use permit as granted by the planning commission. The application for a conditional use permit shall be made within one year of the date of damage or destruction.

(Ord. 695 § 3, 2003)

A.

If a structure has a nonconforming use, or the structure is nonconforming, the structure shall be subject to the following restrictions:

1.

Existing conforming structures with non-conforming uses may be externally enlarged or extended, moved, or structurally altered only after the use of the structure is changed to a permitted use for the district in which it is located.

2.

Any additions, enlargements, major alteration or moving of nonconforming structures shall conform to all regulations of the district in which the structure is located.

3.

A vacant structure in which the last use was nonconforming may be occupied by the same or similar use if occupied within a period of one hundred eighty calendar days after the structure became vacant. If the structure is not occupied by the same or similar use within the time periods set forth, then the future use of the site must comply with the applicable district located as set forth in this title.

B.

Uses or structures defined as nonconforming due to inadequate parking and/or landscaping are subject to the following restrictions:

1.

Structures and uses in this subsection may be enlarged, altered, moved, extended or reconstructed within the following limits:

a.

Where no major building other than an accessory building is involved, the cost of such change shall not exceed the total current appraised value of the land.

b.

Where a major building is involved, the cost of such change shall not exceed the total current appraised value of the original buildings.

C.

Exception. In any district where residences are prohibited, additions or alterations may be made to an existing single or two-family dwelling provided all of the following conditions are met:

1.

Structural changes can be made only if in conformity with all the regulations of use, height, area, yard, interior yard space, off-street parking, etc., as required in the R-H, Residential-High Density District.

2.

No additional dwelling units may be provided nor a conversion made that would create a second-dwelling unit, lodging house, care home, or similar use.

3.

Floor area added shall not exceed fifty percent of the total floor area existing in the dwelling at the time the regulations prohibiting residences became effective on the property in question.

4.

No such addition shall be permitted if a portion of the existing dwelling is converted to commercial or industrial use subsequent to when the regulations prohibiting residences became effective on the property in question.

(Ord. 695 § 3, 2003)

Nothing in this section shall be deemed to prevent repairs or maintenance necessary to comply with existing codes or ordinances or the strengthening or restoring to a safe condition any building, structure, or part thereof declared to be unsafe by any public official charged with the responsibility of protection public health, safety and welfare. Such repair and maintenance shall be subject to the same limitations set forth in subsection 17.25.082.B.

(Ord. 695 § 3, 2003)

Article IX. - Planning Commission

Subject to the provisions of this section, there is created a planning commission for the city consisting of five members.

(Ord. 695 § 3, 2003)

17.25.091 - Planning commission appointments—Term of office—Compensation—Vacancies.

A.

Members of the planning commission shall be appointed by the city council. Each councilperson may nominate one resident of the city of Rohnert Park for appointment to the planning commission. The term of each commission member shall be for four years expiring on December thirty first.

B.

Each member shall serve at the pleasure of the city council and until his/her successor is appointed and qualified.

C.

Vacancies shall be filled by appointment for the unexpired portion of the term.

D.

Members of the commission shall serve without compensation unless otherwise provided for by the city council.

E.

Members of the commission may be reimbursed for actual expenses incurred in carrying out business of the planning commission provided such reimbursement is approved by the city council.

(Ord. 695 § 3, 2003; Ord. No. 921, § 1, 4-10-2018)

17.25.092 - Planning commission officer election.

The planning commission shall elect a chairman and a vice-chairman from the appointed members. The planning commission shall appoint a secretary who need not be a member of the commission. Officers of the commission shall be elected annually.

(Ord. 695 § 3, 2003)

The planning commission shall hold at least one regular meeting in each month.

(Ord. 695 § 3, 2003)

The planning commission shall, subject to approval by the council, adopt rules for the transactions of business and shall keep a public record of its resolutions, transactions, findings, and determinations.

(Ord. 695 § 3, 2003)

The planning commission shall have such powers and duties as may be assigned to it by the city council including that of board of appeals to hear appeals of zoning administrator decisions.

(Ord. 695 § 3, 2003)

As an alternative to the establishment of a planning commission, the city council may by resolution designate the city council itself as the planning commission, in which event the city council shall perform all of the functions and duties of the planning commission as set forth in this title. Where separate public hearings are provided for before the planning commission and the city council, as in amendments to this title, these public hearings may be combined in the public hearing before the city council.

(Ord. 695 § 3, 2003)

Article X. - Zoning Administrator

A.

The purpose of this section is to establish responsibilities and procedures for the zoning administrator, pursuant to Government Code Sections 65900, 65901, 65902, and 65903.

B.

The zoning administrator review is an in-house discretionary process intended to provide an avenue for the streamlined review of small planning projects.

(Ord. 695 § 3, 2003)

The planning and community development director is designated as the zoning administrator, and he/she may designate in writing an acting zoning administrator who may exercise all the power of the zoning administrator. The zoning administrator shall provide the city clerk with the name of the zoning administrator and any appointed acting zoning administrator in writing.

(Ord. 695 § 3, 2003)

A.

The zoning administrator shall hear and decide all applications for temporary and administrative use permits when required by this title and such other matters that may be specifically assigned by ordinance.

B.

The zoning administrator shall approve, approve with conditions, or deny an application for zoning administrator approval based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

C.

The zoning administrator may refer any matter to the planning commission for hearing, consideration and determination, in lieu of B, above. The planning commission shall approve, approve with conditions, or deny a referred zoning administrator application based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

(Ord. 695 § 3, 2003)

A.

The zoning administrator shall render a determination within thirty calendar days of the date an application is deemed complete or within such other timeframes that may be set by ordinance for specific applications.

B.

Public notice of zoning administrator's preliminary determination and information about requesting a formal zoning administrator hearing shall be noticed pursuant to Section 17.25.112 of this title.

C.

A formal zoning administrator hearing may be requested within the ten calendar day notice period by submittal of a written request to the zoning administrator, including a complete description of the reason for requesting the hearing.

D.

The fee for zoning administrator hearing shall be set by the city council and paid for by the applicant.

E.

Upon receipt of a written request and filing fee, the zoning administrator shall schedule a formal hearing to address the concerns raised in the written request for hearing. Public notice of the zoning administrator hearing shall be noticed pursuant to Section 17.25.112 of this title.

F.

The zoning administrator shall make a determination regarding the application within ten working days after the hearing and provide a determination letter to the applicant as well as the individual or group requesting the hearing.

G.

The determination of the zoning administrator is appealable to the planning commission pursuant to Chapter 17.25 Article XII of this title. The planning commission shall approve, approve with conditions, or deny a zoning administrator application that has been appealed based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

(Ord. 695 § 3, 2003)

Article XI. - Notices

The regulations contained in this section establish notice requirements for public hearings falling within the provisions of this title unless otherwise prescribed in the individual section.

(Ord. 695 § 3, 2003)

The contents of a public notice must include the following:

Date, time, and place of the public hearing;

2.

Identity of the hearing body or hearing officer;

3.

General explanation of the matter to be considered and where more specific information may be obtained;

4.

General description in text or by diagram of the location of the real property/parcel or building which is the subject of the hearing;

5.

If a public hearing, a statement that any interested party or agent may appear and be heard.

(Ord. 695 § 3, 2003)

17.25.112 - Notice in accordance with Government Code Section 65090.

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to Government Code Section 65090, notice shall be published one time pursuant to Government Code Section 6061 in at least one newspaper of general circulation within the city of Rohnert Park and the notice shall be posted at least ten days prior to the hearing in at least three public places within the city of Rohnert Park (e.g., city hall, the public library, and the community center).

B.

The notice of a public hearing shall include the contents as listed above in Section 17.25.111.

C.

In addition to the notice required by this title, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Ord. 695 § 3, 2003)

17.25.113 - Notice in accordance with Government Code Section 65091.

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to Section 65091, notice shall be mailed or delivered at least ten calendar days prior to the hearing in all of the following ways:

1.

To the owner of the subject property or the owner's duly authorized agent, and to the project applicant;

2.

To each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3.

To all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. If the number of owners to be notified is greater than one thousand, the city of Rohnert Park in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least oneeighth of a page in at least one newspaper of general circulation within the city of Rohnert Park at least ten calendar days prior to the hearing.

4.

To the blind, aged, and disabled communities, whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

B.

If the notice is mailed, it shall also either be:

1.

Published pursuant to Government Code Section 65090 in at least one newspaper of general circulation within the city of Rohnert Park at least ten calendar days prior to the hearing,

2.

Posted at least ten calendar days prior to the hearing in at least three public places within the boundaries of the city of Rohnert Park.

C.

The notice of a public hearing shall include the contents as listed above in Section 17.25.111.

D.

For projects that are not exempt from the California Environmental Quality Act, the property owner shall cause to be prepared and installed on the project site a thirty-two sq. ft. sign describing the proposed project and giving the date, time and location of the public hearing. The sign material, color, type style, and installation shall be approved by the planning and community development director. The property owner within five working days following the closure of the public hearing shall remove the sign from the site.

E.

In addition to the notice required by this section, the city of Rohnert Park may require notice of the hearing in any other manner it deems necessary or desirable.

(Ord. 695 § 3, 2003)

When a provision of this title requires notice of a public hearing to be given pursuant to Sections 17.25.112 or 17.25.113, or Government Code Section 65090 or 65091, the notice shall also be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request for notice with either the city clerk of the city of Rohnert Park or with any other person designated by the city of Rohnert Park to receive these requests. A fee which is reasonably related to the costs of providing this service may be charged and the request must be annually renewed.

(Ord. 695 § 3, 2003)

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

(Ord. 695 § 3, 2003)

• ;hg;If the proposed ordinance or amendment to the zoning map or regulation affects the permitted uses of real property, then notice shall be by Section 17.24.113.

(Ord. 695 § 3, 2003)

Article XII. - Appeals

17.25.120 - Purpose.

This section establishes a procedure for the appeal of decisions made by the planning commission or zoning administrator with reference to this title.

(Ord. 695 § 3, 2003)

Appeal rights are prescribed in the individual sections of this title authorizing each decision that is subject to appeal.

(Ord. 695 § 3, 2003)

Decisions made by the planning commission under this title with reference to its implementation, enforcement, and interpretation may be appealed to the city council, as long as the decision is not prescribed as final in the individual section which authorizes the decision.

(Ord. 695 § 3, 2003)

Appeals of decisions of the planning commission or zoning administrator shall be initiated within ten calendar days from the date of the decision. When the period for an appeal ends on a weekend or city holiday, the last day to file the appeal shall be extended to the next working day.

(Ord. 695 § 3, 2003)

A.

Filing. An appeal letter shall be filed with the planning and community development department which shall state specifically why the determination or interpretation is not in accord with the purposes of this zoning ordinance and what the specific reasons are for the assertion that there was an error or abuse of discretion by the planning commission or zoning administrator.

B.

Effect on Decisions. Decisions that are appealed shall not become effective or final until the appeal is resolved.

(Ord. 695 § 3, 2003)

A.

Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within sixty days of the city's receipt of an appeal unless both applicant and appellant consent to a later date.

B.

Notice. A public hearing shall be held if the decision being appealed or reviewed requires a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or as set forth in Section 17.25.112 or 17.25.113 pursuant to Section 17.25.116 of this title.

C.

Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. The appellate body shall consider only the substantially same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the

appeal. The appellate body's review shall be based upon the same standards as those of the lower decision-making body.

D.

Decision. The appellate body shall affirm, modify or reverse the original decision or may refer it back to the lower decision-making body for reconsideration. When a decision is modified or reversed, the appellate body shall state the basis for modification or reversal. Decisions on appeals shall be rendered within thirty calendar days of the close of the hearing.

(Ord. 695 § 3, 2003)

17.25.126 - Effective date of decision.

A.

A decision of the planning commission or zoning administrator is appealable except when the decision has been prescribed as final in the individual section, which authorized the action. If the decision has been prescribed as final, then it becomes final on the date of the decision.

B.

A decision by the planning commission regarding an appeal shall become final ten calendar days after the date of the decision, unless appealed to the city council. A decision by the zoning administrator shall become final ten days after the date of the decision unless appealed to the planning commission.

(Ord. 695 § 3, 2003)

Following denial of an appeal, the city shall not consider any matter that is the same or substantially the same within one year, unless the denial is made without prejudice.

(Ord. 695 § 3, 2003)

Article XIII. - Enforcement Procedures

The regulations contained in this section establish procedures for the enforcement of this title.

(Ord. 695 § 3, 2003)

All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

(Ord. 695 § 3, 2003)

The director of public safety and the building official, and/or their designees, shall be the Code Enforcement Officials responsible for the enforcement of this title.

In the discharge of his or her duties the code enforcement official shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection subject to the procedure and methods specified by the city in Chapter 1.12 of the Rohnert Park Municipal Code.

(Ord. 695 § 3, 2003)

17.25.133 - Penalty/injunctive relief.

A.

Every act prohibited or declared unlawful and every failure to perform an act required by the provisions of this title by any person(s) shall be guilty of an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense as set forth in Chapter 1.25. The fourth and any additional violations within any twelve consecutive month period may be charged as a misdemeanor pursuant to Chapter 1.16 of the Rohnert Park Municipal Code.

B.

Any violation of any provision of this title shall be punished by administrative penalties as prescribed in Chapter 1.25 of the Rohnert Park Municipal Code.

C.

In addition to any other remedy provided by the Rohnert Park Municipal Code or by state law or any other law, the city may commence action or proceedings for the abatement, removal and enjoinment of any violation of this title in the manner provided by law.

D.

In addition to the penalties and remedies set forth above, anyone violating a provision(s) of this title, or failing to comply with the mandatory requirements of said title, shall be subject to having any other related permits or licenses revoked by the city of Rohnert Park for said violation.

(Ord. 695 § 3, 2003)

17.25.134 - Revocation/modification.

Permits or a variance issued under this title may be revoked or modified in accordance with the provisions of Chapter 17.25 Article XIV of this title.

(Ord. 695 § 3, 2003)

The penalties or remedies provided for in this section are cumulative to any other penalty or remedy allowed by the city of Rohnert Park's Municipal Code or any other applicable law.

(Ord. 695 § 3, 2003)

Article XIV. - Revocation and Modification Provisions

This section establishes the requirements and procedure for the revocation or modification of any permit or variance granted under this zoning ordinance.

(Ord. 695 § 3, 2003)

17.25.141 - Grounds for revocation or modification.

A.

Revocation/modification for cause. A permit or variance may be revoked or modified for cause, including the imposition of new conditions upon a finding of any of the following grounds:

1.

The permit or variance was issued on the basis of erroneous or misleading information, misrepresentation, or fraud.

2.

A term of one or more of the conditions of approval of the permit or variance has been violated or relevant other laws or regulations have been violated.

3.

The use or facility for which the permit was granted is so conducted or maintained so as to be detrimental to the public health, welfare, or safety so as to be deemed a nuisance.

4.

There has been a discontinuance of the exercise of the entitlement granted by the permit for one hundred eighty calendar days.

B.

Modification.

1.

Any person who holds a permit or variance granted under this zoning ordinance may apply for a modification by following the same procedure required for the initial application for the permit.

2.

No permit or variance may be modified within twelve months of its issuance nor more than once every twelve months unless determined to be necessary by the planning and community development director. No permit may be modified more than two times from its original issuance.

(Ord. 695 § 3, 2003)

17.25.142 - Initiation of revocation or modification for cause.

A.

An action to revoke or modify a permit for cause may be initiated by order of the planning commission or city council on its own motion. The order shall set a hearing date for the proposed revocation or modification.

B.

The revocation or modification hearing shall be held before the planning commission with the right of appeal to the city council.

(Ord. 695 § 3, 2003)

The contents of the notice and the notice shall be given in the same manner required for a public hearing to consider approval (see Section 17.25.113). If no notice is required for the original permit, none shall be required for the revocation/modification hearing provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten days prior to the hearing.

(Ord. 695 § 3, 2003)

The person or public body conducting the hearing shall hear testimony of city staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. All written material shall be submitted prior to the hearing unless the person or public body holding the hearing grants permission to submit the written material at later date.

(Ord. 695 § 3, 2003)

The person or body conducting the hearing shall revoke or modify the permit for cause upon making one or more of the findings set forth in subsection 17.25.141.A.

(Ord. 695 § 3, 2003)

Within thirty working days of the conclusion of the hearing, the person or public body that conducted the hearing shall render a decision and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

(Ord. 695 § 3, 2003)

A.

A decision to revoke or modify a permit shall become final ten days after the date of the decision, unless appealed to the planning commission or city council in accordance with Chapter 17.25 Article XII.

B.

A decision rendered by the city council is final and not appealable.

(Ord. 695 § 3, 2003)

The city's right to revoke or modify a permit or variance granted under the zoning ordinance shall be cumulative to any other remedy allowed by this code or any other applicable law.

(Ord. 695 § 3, 2003)

Article XV. - By-Right Administrative Permit

The purpose of this article is to implement California Government Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i).

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

A.

This article applies to projects that are required to be allowed with by-right approval pursuant to Government Code Sections 65583.2(h) and 65583.2(i), as may be amended from time to time. Specifically, it applies to housing development projects on sites identified in the adopted housing element inventory to meet the lower-income Regional Housing Needs Allocation (RHNA), if at least twenty percent of units are affordable to lower-income households and at least one of the following situations apply:

1.

The site is nonvacant and was also identified in one previous housing element inventory.

2.

The site is vacant and was also identified in two previous consecutive housing element inventories.

3.

The site was identified within a program to rezone sufficient sites in order to demonstrate an adequate inventory of sites to meet its lower-income Regional Housing Needs Allocation (RHNA).

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

A housing development project described in Section 17.25.150 shall be allowed subject to approval of an administrative by-right permit processed pursuant to this article.

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

Applications for administrative by-right permits shall include the following:

A.

The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee and accompanied by the required application fee.

B.

All information required by the city's most recent posted Housing Development Application Checklist.

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

The planning commission, the city council, and owners of properties contiguous to the project site shall be provided notice of the application a minimum of ten calendar days prior to action being taken on the application.

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

A.

The director or their designee shall approve an administrative by-right permit if, on the basis of the application, supporting materials, and comments received by other departments or agencies (1) the application meets all of the requirements of Government Code [Sections] 65583.2(i), and (2) the project meets all applicable objective standards and regulations of the city's general plan, municipal code, any applicable specific plan or area plan, and all applicable objective design and development standards as included in this code or adopted by resolution, as may be amended from time to time.

B.

The director or designee may impose standard conditions of approval as long as those conditions are objective and broadly applicable to development within the city, and such conditions implement objective standards that had been adopted prior to submission of a development application.

C.

The decision of the director shall be final.

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

An administrative by-right permit shall lapse one year after the date of final approval, unless:

A.

A building permit has been issued and construction has diligently commenced; or

B.

A certificate of occupancy has been issued.

(Ord. No. 991, § 4(Exh. A, § 40), 1-27-2026)

Chapter 17.27 - SIGNS[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 876, § 3(Exh. A), adopted Apr. 8, 2014, repealed the former Ch. 17.27, §§ 17.27.010— 17.27.100, and enacted a new Ch. 17.27 as set out herein. The former Ch. 17.27 pertained to similar subject matter and derived from Ord. 765 § 2 (part), 2006.

The purposes of these sign standards and regulations include:

A.

Protect the public safety and welfare by avoiding hazardous distractions or conditions to pedestrian and vehicle traffic through careful placement, orientation, design and maintenance of signage.

B.

Ensure that signage is clearly stated, appropriately scaled, and in harmony with the character and appearance of the building or use that is being identified.

C.

Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

D.

Protect residential districts and adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of nearby signs.

E.

Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

F.

Limit the number and size of signs to levels that reasonably allow for the identification of institutional or commercial locations and the nature of the use, business or services provided at such location.

G.

Regulate the number and sizes of signs according to standards consistent with the types of establishments in each zoning district or in different portions of a zoning district.

H.

Avoid unnecessary and time consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the city's building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter.

I.

Respect and protect the right of free speech by sign display, while reasonably regulating the structural locational and other aspects of signs not related to communication, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

J.

Enable the fair and consistent enforcement of these sign standards and regulations.

K.

Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes stated in this section.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.020 - Applicability.

A.

Regulation. This chapter regulates signs located on private property within all zoning district of the city. This chapter also applies to signs within public rights-of-way, and to property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter.

B.

Definitions. Definitions of the specialized terms and phrases used in this chapter are contained in Chapter 17.04 (Definitions) of this Municipal Code. References to "department" means the department of development services, and references to "director" means the development services director or the director's designee.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

A.

Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter, change commercial message copy (except for changeable copy signs), move, or display any temporary or permanent sign without first obtaining a sign permit in accordance with the provisions of this chapter. No additional sign permit or approval is required for cleaning or other normal maintenance of a previously approved sign, unless a structural or electrical change is made.

B.

Owner's Consent Required. The consent of the property owner, designated agent, or person in control or possession of the property is required before any sign may be erected on any private property within the city.

C.

Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A sign permit or sign program approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be "on-site," regardless of location.

D.

Substitution of Noncommercial Messages. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional permit is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail.

E.

Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

F.

Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the sign permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

A.

General. Unless specifically exempted in Section 17.27.050 (Exempt Signs), a sign permit or sign program approval must be secured for all signs in accordance with this chapter. Granting a permit or approval in accordance with this chapter in no way eliminates the need to otherwise obtain a building or encroachment permit when required.

B.

Purpose. The purpose of the sign permit and sign program requirement is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.

C.

Sign Programs. A sign program shall be required for:

1.

Any new nonresidential project with three or more tenants;

2.

Building groups that involve three or more live/work uses;

3.

Any existing nonresidential project consisting of three or more tenants, where more than sixty percent of the existing signs or building exterior are being rehabilitated within a twelve-month period:

4.

Any single building of more than twenty thousand square feet; and

5.

Any commercial building or buildings occupying two or more acres.

D.

Application Process.

1.

An application for a sign permit or sign program must be made in writing on the form provided by the department and accompanied by the required fee established by city council resolution.

The application must include descriptive materials sufficient to conduct a proper evaluation including the following items:

a.

A site plan showing existing improvements and proposed sign locations;

b.

Detailed elevations showing the proposed signage, including the dimensions and locations;

c.

A detailed plan of the proposed signage, including dimensions, proposed illumination and method of attachment or mounting;

d.

Samples and descriptions of the proposed sign copy, colors and materials;

e.

A completed construction permit application, as needed, in conformance with Title 15 (Buildings and Construction) of this Municipal Code.

f.

Such additional information requested by the department as may be necessary to make a fully informed decision, process the application and make the required findings.

3.

The director will initially determine whether the application contains all the information and items required by this chapter and may be deemed complete.

4.

All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail, the date upon which personal service of such notice is provided or the date that the notice is electronically transmitted (if applicable).

5.

No application will be accepted if:

a.

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application.

b.

The application is substantially the same as an application previously denied, unless: (i) twelve months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application.

c.

The applicant has not submitted for processing or obtained any applicable permit for the underlying use of the property.

E.

Standard Sign Permit Review Process.

1.

After receiving a complete sign permit application, the director must cause the application to be reviewed and render a written decision to approve or deny the application within ten business days.

2.

Determinations on sign permit applications are to be guided by the standards, criteria and findings set forth in this chapter.

3.

The director may refer certain sign permit applications to the planning commission for review. Such determination should be made within ten business days of a complete application and acted upon by the planning commission within sixty days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter.

4.

An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director or planning commission must be in writing and must specify the grounds for such denial.

F.

Standard Sign Program Review Process.

1.

After receiving a complete sign program application, the director must schedule consideration of the sign program by the planning commission within sixty days of the complete application or concurrent with any related and required project approval that is presented to the planning commission.

2.

Determinations on sign program applications are to be guided by the standards, criteria, and findings set forth in this chapter.

3.

The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter.

4.

An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the planning commission must be in writing and must specify the grounds for such denial.

G.

Findings. A sign permit or sign program that is reviewed in compliance with this chapter may be approved only after the following findings and determinations are made by the appropriate review authority:

1.

That the proposed location of the use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the sign is located;

2.

That the proposed location of the sign and the conditions under which the sign would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

H.

Approval Period, Expiration and Time Extensions. A sign permit or sign program approval will expire one year from the date of issuance unless the sign or at least one sign in an approved sign program has been installed in accordance with the conditions of approval. If the sign permit or sign program is for a building or shopping center under construction, the one year approval period will commence on the date of issuance of the first certificate of occupancy for the project.

1.

Prior to expiration of a sign permit or program, the applicant may apply for an extension of up to one additional year. The extension request will be reviewed by the review authority that acted on the original request.

2.

The permit or approval will be null and void if the zoning ordinance changes significantly prior to the installation of the sign to a point that given the new regulations in the zoning ordinance such a sign would not be permitted.

I.

Revocation. The initial reviewing authority may revoke any sign permit or sign approval according to the process outlined in Sections 17.25.140 through 17.25.148 upon refusal of the permit or approval holder to comply with the provisions of this chapter after written notice of noncompliance and at least fifteen days' opportunity to cure.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

The following signs are allowed without a sign permit or sign approval provided that they otherwise comply with the city's design guidelines and this chapter. A sign which is considered exempt in accordance with this chapter in no way eliminates the need to otherwise obtain a building or encroachment permit when required.

A.

Address Signs. Street address numbers must be installed in compliance with the California Fire Code or the U.S. Postal Service.

B.

Commemorative Signs. Such signs may not exceed six square feet in area and are subject to the approval of the director.

C.

City Informational Signs. The city may erect identification, welcome and/or directional signs at entries and key locations within the community.

D.

On-Site Directional Signs. Such signs are subject to the following provisions:

1.

Directional Entry Sign (Small). One on premise parking and directional sign not exceeding one double-faced sign is permitted per site entrance. The sign face may not exceed four square feet in area and the sign height may not exceed five feet.

2.

Directional Entry Sign (Large). A larger directional sign may be used in place of each directional entry sign (small) if the sign is setback more than one hundred feet from a public way. This sign may be up to ten square feet in area and up to eight feet in height.

3.

Small Internal Directional Signs. Other directional signs may be used throughout a project site so long as the area of each sign does not exceed one square foot.

E.

Open/Closed Sign. Each business may have one "open/closed" sign, not exceeding one square foot in area.

F.

Flags and Flag Poles. Flags of national, state or local governments, or nationally recognized religious, fraternal or public service agencies provided that:

1.

A single flag that does not exceed one-fourth the height of the flag pole and two or more flags combined that do not exceed one-half the height of the flag pole.

2.

Properties in residential zoning districts may have one flag pole that does not exceed twelve feet in height.

3.

Properties in nonresidential zoning districts may have no more than three flags per property and the flag pole may not exceed thirty feet in height.

4.

If taller than twelve feet in height, the flag pole must be constructed of metal, fiberglass or carbon fiber. Wood flag poles taller than twelve feet are not permitted.

5.

According to federal flag guidelines, the United States flag should only be displayed from sunrise to sunset unless properly illuminated for nighttime visibility. If illuminated, flag lighting shall be directed and/or shielded to avoid off-site glare.

6.

Smaller flags displayed during daylight hours for federal holidays (e.g., Veterans Day, Memorial Day, etc.) are permitted without limitation.

G.

Live/Work. Such signs may not exceed two square feet and must be attached to the wall of the building in which the use is housed and may not be illuminated. For building groups that involve three or more live/work units, an integrated sign program is required in accordance with Section 17.27.040.C (Sign Programs).

H.

Private Informational Signs. Such signs may not exceed one square feet in area.

I.

Public Informational Signs. Signs displayed by a federal, state or local governmental agency when required to carry out its responsibility to protect public health, safety and general welfare. Examples include, but are not limited to: public hearing signs, emergency and warning signs necessary for public safety or civil defense, signs locating underground facilities, and traffic signs erected and maintained by an authorized public agency.

1.

On-Site Signs Required for City Public Hearing Notification. On-site signs for public hearing notification before a city agency must comply with the following:

a.

Sign Area. Each sign must comply with the following minimum and maximum area requirements, based on the size of the subject parcel.

Table 17.27-1: Public Hearing Signs

b.

Height Limit. Sign height may not exceed eight feet.

c.

Location. The sign may be located not less than five feet inside the property line for residential zones, not less than one foot inside the property line for commercial and industrial zones and shall be placed in an area that is most visible to the public.

d.

Other Restrictions.

i.

No sign may be illuminated,

ii.

One sign must be displayed per public street frontage of the subject property, and

iii.

Removal is required within fifteen days after the noticed public hearing.

e.

Verification. On or before the required date of posting, the applicant or applicant's representative must submit to the department a signed affidavit of the installation of an on-site public hearing sign.

J.

Temporary Signs.

1.

Construction and Subdivision Identification Signs. Such signs are permitted in all zoning districts subject to the following:

a.

One sign not exceeding thirty-two square feet per site. For each site larger than ten acres, one additional thirty-two square foot sign per ten-acre increment is allowed;

b.

One sign not exceeding six square feet for each model home and located on the site of each model home in the subdivision;

c.

One off-site directional sign not exceeding ten square feet. Any off-site directional sign may be required to be large enough to accommodate more than one construction or subdivision project. The location and number of direction signs will be determined by the director.

2.

Campaign Signs. Such signs are subject to the following:

a.

Campaign signs are not permitted on any public property or within any public right-of-way. In order to assist the public in locating public property, the city will make available, through the city manager, a map showing publicly owned real property within the city. As to those areas of right-of-way or other small parcels wherein it is difficult to determine the line of demarcation between public and private property, the city sign enforcement authority, as designated by the city manager, will inquire of the nearest adjacent private property owner or owners as to whether they have given permission to the posting of the sign. If the owner or owners reply in the negative it will be conclusively presumed that the sign was posted in violation of this section. If the nearest owner or owners indicate that permission was given to post the sign then the city will ascertain by survey or other accurate method as to whether the sign is posted on public or private property.

b.

Any campaign sign placed upon privately owned property must receive consent of the owner or occupant thereof.

c.

All campaign signs must be removed within ten days after the day of the election to which it pertains. The person or organization placing the sign and the owner and the occupant of the premises upon which the sign is placed are each responsible for the removal of such signs. In the event it becomes necessary for employees of the city to remove such signs, the city may hold all or any of the abovementioned parties responsible for the costs incurred by the city in removing such signs.

3.

Freestanding Signs. In residential zones only, each parcel is permitted two temporary freestanding noncommercial signs (this includes "garage sales" and similar incidental "for sale" signs typical at a residential address). Such signs may not exceed six square feet in area and four feet in height, and may not be illuminated. Such signs are in addition to all other signage allowed under this chapter.

4.

Real Estate Signs. Such signs may not be illuminated and are subject to the following regulations:

a.

Residential Signs. One sign not exceeding six square feet in area located on the property being advertised. Riders on such signs are limited to three square feet in area.

b.

Residential Open House Signs. Signs directing customers to an open house may not exceed two square feet which may contain the words "Open House" together with an arrow indicating the direction to the open house between the hours of eight a.m. and eight p.m. No more than one sign per direction may be placed at any intersection.

c.

"Open House" Real Estate Sign. One sign not exceeding six square feet may be placed on the property coinciding with the hours of open viewing. The sign may also contain the name of the sales person or firm sponsoring the open house.

d.

Nonresidential Real Estate Signs. One sign not exceeding twenty square feet per frontage that is located on a nonresidential property being advertised. A maximum of one two-foot by three-foot window sign is allowed for each vacancy. All signs must be non-illuminated. One sign is allowed per frontage. Signs exceeding these limitations may be administratively approved by the director.

5.

Seasonal Decorations. Decorations and displays related to locally recognized holidays may be installed up to thirty days prior to the holiday and shall be removed no later than ten days after the holiday.

6.

Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to, civic events and special events, grand openings, religious services and athletic sign-ups are permitted in accordance with the following standards or guidelines:

a.

A maximum of two special event signs not exceeding thirty-two square feet each, located on the property where the event is taking place;

b.

One banner for special events, for a civic or nonprofit organization may stretch across City Center Drive and/or Lynne Conde Way;

c.

Banners for seasonal special events, i.e., holiday lights event, may be displayed seasonally between the months of November and February only in the lawn area on the north side of Rohnert Park Expressway between Lynne Conde Way and the SMART tracks.

d.

Banners for civic events that are sponsored by or affiliated with the city, i.e., Farmer's Market and Performing Art Center performances may be displayed at the northeast corner of Lynne Conde Way and Rohnert Park Expressway.

e.

Up to three banners for a civic or nonprofit organization not exceeding thirty-two square feet each and no more than one at each location for special events may be placed at the following locations:

i.

South side of Rohnert Park Expressway at Hinebaugh Creek;

ii.

West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101;

iii.

Northeast corner of E. Cotati Avenue at Snyder Lane; and

iv.

City parcel on Labath Avenue, south of the Westside Public Safety Facility location.

f.

The term the special event sign may be displayed shall not exceed fourteen consecutive days and more than four times in any calendar year.

g.

Two hundred dollars shall be deposited with the development services department to assure the special event signs are removed at the conclusion of the event and against which the city may charge the costs of removal if the applicant fails to do so. If the applicant removes the special event signs, the funds deposited with the city shall be refunded to the applicant.

h.

A list of the location of the special event signs or banners together with the required deposit shall be submitted to the development services department before the installation of the proposed signs or banners.

i.

The applicant shall submit to the development services department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued.

(Ord. No. 876, § 3(Exh. B), 4-8-2014; Ord. No. 912, § 4, 11-28-2017)

The following signs, as defined by this code, are prohibited and subject to immediate abatement by the city of Rohnert Park's code enforcement officer.

A.

Abandoned signs.

B.

Attention attracting signs.

C.

Flags unless considered exempt under Section 17.27.040 (Exempt Signs), F (Flags and Flag Poles) or specifically permitted as part of a sign program or a site plan and architectural review entitlement.

D.

Internally illuminated cabinet signs, except where a dark, opaque background is used in conjunction with light, translucent lettering.

E.

Obscene signs.

F.

Off-site signs (billboards).

G.

Portable signs.

H.

Roof signs except when approved in conjunction with site plan and architectural review for a building.

I.

Public right-of-way signs that are placed in a street right-of-way without a valid encroachment permit, except as otherwise allowed in this chapter. This includes temporary signs displayed on public property, in the public right-of-way, utility pole, fence, tree or other vegetation.

J.

Signs located in a vision triangle as described in Section 17.14.040 (Clear Vision Triangle).

K.

Vehicle signs. This includes any vehicle sign parked within the public right-of-way or in a location on private property that is visible from a public thoroughfare.

L.

Signs which resemble any official marker erected by the city, state, or any governmental agency, or which, by reason of position, shape, color, or illumination would conflict with the proper functioning of any traffic signal or would be a hazard to vehicular or pedestrian traffic.

M.

Signs which produce odor, sound, smoke or fire or other emissions.

N.

A vehicle or equipment with mast arms or booms in an elevated position with intent to advertise.

O.

Signs painted on fences, walls and roofs.

P.

Statuary or representative figures used for advertising purposes.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.070 - General sign area, height, illumination and location standards.

A.

Sign Area Measurement. The measurement of sign area will be calculated as follows:

1.

Area. The area of a sign will be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles.

2.

Double-Faced Signs. The area of a double-faced (back-to-back) sign will be calculated as a single sign face if the angle at the apex of the sign does not exceed thirty degrees.

3.

Three-Dimensional Signs. Where a sign consists of three-dimensional objects, the area will be measured as their maximum projection upon a vertical plane.

4.

Structure. Supporting framework or bracing that is clearly incidental to the sign display will not be computed as part of the sign area.

Time/Temperature Signs. The area of any time and/or temperature device incorporated into a sign will not be included in the calculation of total sign area.

B.

Sign Height Measurement. The height of a sign will be measured as the vertical distance from the lowest point of the base of the sign structure at grad level to the highest point of the sign structure.

C.

Sign Illumination.

1.

Externally illuminated signs must utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the site or onto any public right-of-way or adjoining properties.

2.

Internally illuminated cabinet signs must have opaque backgrounds where copy and a logo are the only illuminated features.

3.

Transformers, raceways and other types of electrical equipment and features must be concealed.

4.

Signs both visible from and within one hundred feet of a residential district (R-E, R-R, R-L, R-M, R-H), or similar designation within a planned development or specific plan may not be illuminated between ten p.m. and seven a.m.

5.

No movement or apparent movement or change in intensity of illumination is permitted. Rapidly flashing or stroboscopic lighting is also prohibited.

D.

Sign Location.

1.

All signs must be located on the same site as the subject of the sign (i.e., on-site), except as otherwise allowed by this chapter.

2.

No sign may be located in the public right-of-way, except as otherwise allowed by this chapter such as public information signs.

3.

Signs must be installed in a location and manner that ensures that:

a.

They do not block the sight lines of existing signs on adjacent properties; and

b.

Pedestrian and vehicular safety is maximized.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.080 - Sign design, materials, construction, and maintenance standards.

All signs must be designed, constructed and maintained in compliance with the following standards:

A.

Permanent signs must be designed by a qualified professional, i.e., architect, designer or others whose principal business is the design, manufacture, or sale of signs.

B.

Sign colors and materials should be compatible with the existing building designs and should contribute to legibility and design integrity. Signs should avoid the use of garish colors or combinations of colors.

C.

Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex, must be designed to incorporate the materials common or similar to all buildings.

D.

Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements:

1.

Type of construction materials;

2.

Sign/letter color and style of copy;

3.

Method used for supporting sign (i.e., wall or ground base);

4.

Sign cabinet or other configuration of sign area;

5.

Illumination; and

6.

Location.

E.

Except for signs of a temporary nature (banners, flags, etc.), all signs must be constructed of durable materials.

F.

Every sign, including all parts, portions and materials, must be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code. Under no circumstances may a permanent sign have an exposed back.

G.

All permanent signs must be permanently attached to the ground, building or other structure by direct attachment.

H.

Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps or lighting, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within fifteen days following written notification by the city. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure.

I.

Within thirty days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

Each sign must comply with the sign area, height and number provided by this section except as otherwise provided.

Table 17.27-2: Standards for Signage in R-L*, R-M, R-H, R-M/M-H and P-I Districts

• Applies to attached single-family, public and quasi-public land uses only in an R-L zoning district.

Table 17.27-3: Standards for Signage in C-N, C-O, M-U and OS-EC Districts

Table 17.27-4 Standards for Signage in C-R, I-L, and I-L/O Districts

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.100 - Special sign type requirements.

This section is intended to be used in conjunction with other standards contained in this chapter. The director is authorized to issue a sign permit for the following signs consistent with the regulations of this chapter, the city's design guidelines and any required building permit is obtained.

A.

Awning Signs.

1.

Area. Not more than twenty-five percent of the awning face or twenty-five square feet, whichever is less. Sign width on the sloped face or valance is limited to eighty five percent of the awning width, on the sloped awning surface the maximum size of logos limited to two square feet.

2.

Height. Below edge of roof.

3.

Illumination. External lighting only. Back-lit or translucent awnings are not allowed.

4.

Location. One or two story buildings only.

5.

Information limited to the name, logo, and type of business.

6.

On the valance the height of the letters should be limited to eighty percent of the valance height.

B.

Directory Signs.

1.

Area. Not more than twelve square feet.

2.

Height. Six feet maximum when freestanding or attached to wall.

3.

3. Location. Permitted in any zoning district.

C.

Electronic Message Centers.

1.

Area. Determined by conditional use permit.

Height. Determined by conditional use permit.

3.

Illumination. Determined by conditional use permit.

4.

Location. Publicly owned properties located adjacent to a major arterial or highway.

D.

Freestanding (Monument) Signs.

1.

Area. Subject to the requirements of Section 17.27.090 (Zoning District Standards).

2.

Height. Subject to the requirements of Section 17.27.090 (Zoning District Standards).

3.

Illumination. Internal or external lighting allowed subject to review.

4.

Location. Permitted in all zoning districts.

E.

Freeway Oriented Freestanding Signs.

1.

Area. Determined by conditional use permit.

2.

Height. Determined by conditional use permit.

3.

Illumination. Determined by conditional use permit.

4.

Location. Any nonresidential zoning district immediately adjacent to Highway 101.

F.

Murals.

1.

Area. Determined by conditional use permit.

Height. Determined by conditional use permit.

3.

Illumination. Determined by conditional use permit.

4.

Location. Determined by conditional use permit.

G.

Neon Signs and Tubing. Notwithstanding neon signs and tubing that are approved in conjunction with site plan and architectural review for a building, neon signs and tubing are subject to a conditional use permit in the C-R, C-N, I-L/O and M-U zoning districts.

1.

Area. Determined by conditional use permit.

2.

Height. Determined by conditional use permit.

3.

Illumination. Determined by conditional use permit.

4.

Location. Determined by conditional use permit.

H.

Projecting and Suspended Signs.

1.

Area. No more than nine square feet.

2.

Height. Below the edge of roof and not to exceed the top plate of the first floor of a multistoried building. Minimum clearance of ten feet between the bottom of the sign and the finished grade below. The clearance may be reduced to eight [feet] if the sign is suspended below an awning, portico or other roof overhang.

3.

Illumination. Internal or external lighting allowed subject to review.

4.

Location. No more than thirty-six inches of sign may project over a public right-of-way or easement. Signs which project over a public right-of-way or easement will need to secure an encroachment permit.

I.

Theatre Marquee Signs. In addition to the signage allowed in Section 17.27.090 in (Zoning District Standards), a sign with changeable copy that does not exceed sixty-five square feet may be permitted upon approval of a conditional use permit.

J.

Time and Temperature Devices. In addition to the signage allowed in Section 17.27.090 (Zoning District Standards), a time and temperature device that does not exceed eight square feet may be permitted.

K.

Wall Signs.

1.

Area. Notwithstanding the standards in Section 17.27.090 (Zoning District Standards), a wall sign may be located on any primary or secondary building frontage according to the area limits established in Tables 17.27-2, 17.27-3 and 17.27-4.

2.

Height. Below edge of roof.

3.

Illumination. Internal or external lighting allowed subject to review.

4.

Location. No sign may project from the surface to which it is attached more than required for construction purposes, and in no case more than twelve inches. No sign may interfere with the operation of a door or window.

L.

Window Signs (Permanent).

1.

Area. No more than twenty percent of each glazed area.

2.

Height. Within the window frame.

3.

Illumination. By conditional use permit.

4.

Location. The first and second floors of a building only.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

A.

General Requirements. Signs which lawfully existed, were maintained and became nonconforming after the adoption date of the ordinance codified in this chapter that rendered such sign nonconforming, must be removed or made to conform within thirty days after written notice by the department in the following circumstances:

1.

Where there is a land use change on the site;

2.

When a request is made for an exterior alteration or remodel where site design and architectural review is required;

3.

When a sign is damaged by any cause which results in replacement or repairs where the cost for replacement or repair is greater than fifty percent of its replacement value at the time the damage occurred; or

4.

The sign is amortized in accordance with the Amortization Schedule Table.

Table 17.27-5: Amortization Schedule

B.

Multiple Signs. For the purpose of determining value when more than one nonconforming sign is located on a site, the original values will be aggregated.

C.

Value Determination. The original value of a sign shall be determined by any one of the following methods:

1.

Appraisal in writing by a sign manufacturer;

2.

Bill of sale; or

3.

Description schedule from federal or state income tax return.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.120 - Removal of signs.

A.

Unsafe Signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property fifteen days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage will be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with applicable law.

B.

Illegal Signs. Any illegal sign must be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the director. Such notice must specify the nature of the violation, order the cessation of the use and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair may not be less than fifteen days from the date of mailing the notice. The director's order may be appealed to the planning commission according to the procedure in Section 17.25.120 and following.

C.

Legal Nonconforming Signs—Special Circumstances. In accordance with California Business Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

A.

The violation of any section of this chapter is an infraction and may be punished in accordance with the provisions set forth in Chapter 1.16 (General Penalty) of this code.

B.

If the owner of any sign or sign structure fails or neglects to comply with provisions of this chapter, such noncompliance constitutes a public nuisance in accordance with the provisions of Chapter 1.24 (Nuisance Abatement) of this code and may be abated in the manner provided by such chapter.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)

17.27.140 - Appeals.

A.

Any person seeking to appeal a decision of the director or planning commission granting or denying an application for issuance of a sign permit or sign program, revoking a permit or approval, or ordering the remediation or removal of a sign may appeal such action in the manner provided by Article XII of Title 17 of this code commencing at Section 17.25.120.

B.

Any person dissatisfied with the final action taken by the planning commission or city council, as applicable, may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure section 1094.8.

(Ord. No. 876, § 3(Exh. B), 4-8-2014)