Rohnert Park Municipal Code Art. 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)