Santa Rosa Zoning Code Ch. 20-16 (reserved)
Santa Rosa Zoning Code · 2026-06 edition · updated 2026-09-25 · Santa Rosa
Sections in this part
- Chapter 20-21 DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS (§ 20-21.010 – § 20-21.050)
- Chapter 20-23 COMMERCIAL ZONING DISTRICTS (§ 20-23.010 – § 2023.080)
- Chapter 20-24 INDUSTRIAL ZONING DISTRICTS (§ 20-24.010 – § 2024.050)
- Chapter 20-26 SPECIAL PURPOSE ZONING DISTRICTS (§ 20-26.010 – § 20-26.060)
- Chapter 20-28 COMBINING DISTRICTS (§ 20-28.010 – § 20-28.100)
- Chapter 20-31 DENSITY BONUS AND OTHER DEVELOPER INCENTIVES (§ 20-31.010 – § 20-31.110)
- Chapter 20-32 HILLSIDE DEVELOPMENT STANDARDS (§ 20-32.010 – § 20-32.060)
- Chapter 20-33 RESIDENTIAL DEVELOPMENT ON COMMERCIAL OR EDUCATIONAL LANDS (§ 20-33.010 –…
- Chapter 20-34 LANDSCAPING STANDARDS (§ 20-34.010 – § 2034.070)
- Chapter 20-35 RESILIENT CITY STANDARDS (§ 20-35.010 – § 2035.090)
- Chapter 20-36 PARKING AND LOADING STANDARDS (§ 20-36.010 – § 20-36.100)
- Chapter 20-38 SIGNS (§ 20-38.010 – § 20-38.110)
- Chapter 20-39 OBJECTIVE DESIGN STANDARDS FOR BY-RIGHT HOUSING (§ 20-39.010 – § 20-39.030)
- Chapter 20-40 ADULT ENTERTAINMENT BUSINESSES (§ 20-40.010 – § 20-40.040)
- Chapter 20-42 STANDARDS FOR SPECIFIC LAND USES (§ 20-42.010 – § 20-42.210)
- Chapter 20-44 TELECOMMUNICATIONS FACILITIES (§ 20-44.010 – § 20-44.070)
- Chapter 20-46 CANNABIS (§ 20-46.010 – § 20-46.100)
- Chapter 20-48 SHORT-TERM RENTALS (§ 20-48.010 – § 20-48.080)
- Chapter 20-49 MASSAGE REGULATION AND MASSAGE ESTABLISHMENT REGISTRATION (§ 20-49.010 –…
- Chapter 20-50 PERMIT APPLICATION FILING AND PROCESSING (§ 20-50.010 – § 20-50.100)
- Chapter 20-52 PERMIT REVIEW PROCEDURES (§ 20-52.010 – § 2052.060)
- Chapter 20-54 PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS (§ 20-54.010 – §…
- Chapter 20-56 DEVELOPMENT AGREEMENTS (§ 20-56.010 – § 2056.090)
- Chapter 20-58 HISTORIC AND CULTURAL PRESERVATION (§ 2058.010 – § 20-58.120)
- Chapter 20-60 ADMINISTRATIVE RESPONSIBILITY (§ 20-60.010 – § 2060.090)
- Chapter 20-61 NONCONFORMING USES, STRUCTURES, AND PARCELS (§ 20-61.010 – § 20-61.070)
- Chapter 20-62 APPEALS (§ 20-62.010 – § 20-62.030)
- Chapter 20-63 REQUESTS FOR REASONABLE ACCOMMODATION (§ 20-63.010 – § 20-63.070)
- Chapter 20-64 AMENDMENTS (§ 20-64.010 – § 20-64.060)
- Chapter 20-66 PUBLIC HEARINGS (§ 20-66.010 – § 20-66.080)
Cite as: Santa Rosa Zoning Code Chapter 20-16 · Text as of 2026-09-25
Note: Former Ch. 20-16, Resilient City Development Measures, derived from Ord. 2018-006; Ord. 2018-012; Ord. 2018-019; Ord. 2019-001; Ord. 2020-002; Ord. 2020-017; Ord. 2021-012; and Ord. 2023-015, 11/28/2023, was repealed by Ord. 2025-014, 11/18/2025.
Chapter 20-20 ZONING MAP (§ 20-20.010 – § 20-20.020)
This chapter establishes the zoning districts applied to property within the City and adopts the City's Zoning Map.
(Ord. 3677 § 1, 2004)
The Council hereby adopts the City of Santa Rosa Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here.
A.
Zoning districts established. The City of Santa Rosa shall be divided into zoning districts that implement the Santa Rosa General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the Zoning Map.
B.
Interpretation of zoning district boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the location of the boundary shall be determined by the Director as follows.
1.
Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;
2.
If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map or the legal description in the City ordinance that adopted the Zoning District boundary; and
3.
Where a public street or alley is vacated or abandoned by an official action of the City Council, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the vacated or abandoned street or alley. If the adjoining properties are in different zoning districts, the boundary lines shall be the centerline of the former street or alley, and the extension of the side lot lines of the adjacent parcels.
C.
Housing Projects. There is no requirement to rezone a site for consistency with the General Plan if a proposed housing project is consistent with objective General Plan standards and criteria. The housing project is required to comply with the objective standards and criteria of the zoning district which implements the subject General Plan land use, as shown in Table 2-1, Zoning Districts.
| TABLE 2-1—ZONING DISTRICTS | ||
|---|---|---|
| Zoning District Symbol |
Name of Zoning District | General Plan Land Use Classification Implemented by Zoning District |
| Residential Districts | ||
| RR | Rural Residential | Residential—Very Low Density |
| R-1 | Single-Family Residential | Residential—Low Density/ Density, Medium Low Density |
| TABLE 2-1—ZONING DISTRICTS | ||
|---|---|---|
| Zoning District Symbol |
Name of Zoning District | General Plan Land Use Classification Implemented by Zoning District |
| R-2 | Medium Density Multi-Family Residential |
Residential—Medium Density |
| R-3 | Multi-Family Residential | Residential—Medium Density, Medium High Density |
| TV-R | Transit Village-Residential | Transit Village Medium |
| MH | Mobile Home Park | Residential—Mobile Home Parks |
| Commercial Districts | ||
| CO | Office Commercial | Office |
| CN | Neighborhood Commercial | Mixed Use, Neighborhood Shopping Center |
| CG | General Commercial | Retail and Business Services |
| CV | Motor Vehicle Sales | Retail and Business Services |
| CMU | Core Mixed Use | Core Mixed Use |
| SMU | Station Mixed Use | Station Mixed Use |
| MMU | Maker Mixed Use | Maker Mixed Use |
| NMU | Neighborhood Mixed Use | Neighborhood Mixed Use |
| CSC | Community Shopping Center | Retail and Business Services, Community Shopping Center |
| TV-M | Transit Village-Mixed | Transit Village Mixed Use |
| Industrial Districts | ||
| BP | Business Park | Business Park |
| IL | Light Industrial | Light Industry |
| IG | General Industrial | General Industry |
| Special Purpose Districts | ||
| OSC | Open Space—Conservation | Open Space, Parks and Recreation |
| OSR | Open Space—Recreation | Open Space, Parks and Recreation |
| PD | Planned Development | All |
| PI | Public/ |
Public/ |
| Combining Districts | ||
| -G | Gateway | All |
| -H | Historic | All |
| -SR | Scenic Road | All |
| TABLE 2-1—ZONING DISTRICTS | ||
|---|---|---|
| Zoning District Symbol |
Name of Zoning District | General Plan Land Use Classification Implemented by Zoning District |
| -DSA | Downtown Station Area | All |
| -SA | North Station Area | All |
| -SH | Senior Housing | All |
(Ord. 3677 § 1, 2004; Ord. 3950 § 2, 2010; Ord. 3997 § 3, 2012; Ord. 2020-001 § 2; Ord. 2020-014 § 3; Ord. 2025-014, 11/18/2025)
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 4)¶
The land use permit requirements of this Zoning Code do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zoning districts subject to compliance with this Section.
A.
General requirements for exemption. The land uses, structures, and activities identified by Subsection B below are exempt from the land use permit requirements of this Zoning Code only when:
1.
The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Division (Zoning Districts and Allowable Land Uses), Division 3 (Site Planning and General Development Regulations), and, where applicable, Chapter 20-61 (Nonconforming Uses, Structures, and Parcels); and
Any permit or approval required by regulations other than this Zoning Code is obtained (for example, a Building Permit).
B.
Exempt activities and land uses. The following are exempt from the land use permit requirements of this Zoning Code when in compliance with Subsection A above.
Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit.
2.
Fences and walls. See Section 20-30.060 (Fences, Walls, and Screening).
3.
Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.
4.
Repairs and maintenance.
a.
Single-family dwellings. Ordinary repairs to, and maintenance of, single-family dwellings.
b.
Multi-family, and non-residential structures. Ordinary repairs to, and maintenance of multi-family residential and non-residential structures including the installation and updating of air quality monitoring equipment, if:
(1)
The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and
(2)
Any exterior repairs employ the same materials and design as the original construction.
5.
Small, portable residential accessory structures. A single portable structure per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that are exempt from Building Permit requirements in compliance with the City Code and the Uniform Building Code.
6.
Spas, hot tubs, and fish ponds. Portable spas and hot tubs, and constructed fish ponds that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth.
7.
Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zoning district. These include: water; gas; electric; telecommunication; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. Satellite and wireless communications antennas are subject to Chapter 20-44 (Telecommunications Facilities).
8.
Microenterprise Home Kitchen Operation (MEHKO) with a Sonoma County Environmental Health Permit and a Business Tax Certificate from the City of Santa Rosa.
9.
An exempt Compact Mobile Food Operation with a Business Tax Certificate that meets all requirements from the Sonoma County Environmental Health Department.
(Ord. 3677 § 1, 2004; Ord. 3968 § 1, 2011; Ord. 2025-014, 11/18/2025)¶
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 20-52.040 (Temporary Use Permits). (Ord. 3677 § 1, 2004)
Chapter 20-22 RESIDENTIAL ZONING DISTRICTS (§ 20-22.010 – § 2022.050)
This chapter lists the land uses that may be allowed within the residential zoning districts established by Section 20-20.020 (Zoning Map and Zoning Districts), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size. (Ord. 3677 § 1, 2004; Ord. 3968 § 1, 2011)
Note: Former § 20-22.020, Purposes of the residential zoning districts, derived from Ord. 3677; Ord. 3711; Ord. 3950; Ord. 2020-014; and Ord. 2021-012, was repealed by Ord. 2025-014, 11/18/2025 Table 2-2 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 20-21.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Code may also apply.
| TABLE 2-2 Allowed Land Uses and Permit Requirements for Industrial Districts* |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
|---|---|---|---|---|---|---|---|
| MUP - Minor Conditional Use Permit Required | |||||||
| CUP - Conditional Use Permit Required | |||||||
| S - See Specific Use Regulations for Permit | |||||||
| — Use Not Allowed | |||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE | Specific Use Regulations |
|||||
| RR | R-1 | R-2 | R-3 | MH | TV-R | ||
| AGRICULTURAL & OPEN SPACE USES | |||||||
| Agricultural accessory structure |
P | — | — | — | — | — | |
| Animal keeping—Livestock, including aviaries |
S | — | — | — | — | — | 20-42.040 |
| Crop production, horticulture, orchard, vineyard |
P | MUP | — | — | — | — | |
| Initial crop processing | MUP | MUP | — | — | — | — | |
| Plant nursery | CUP | — | — | — | — | — | |
| RECREATION, EDUCATION & PUBLIC ASSEMBLY USES | |||||||
| Community garden (5) | P | P | P | P | P | P | 20-40 |
| Equestrian facility | CUP | — | — | — | — | — | |
| Golf course/ public or quasi-public |
CUP | CUP | — | — | — | — | |
| Health/ Commercial |
— | — | — | — | — | — | |
| MUP - Minor Conditional Use Permit Required | |||||||
| CUP - Conditional Use Permit Required | |||||||
| S - See Specific Use Regulations for Permit | |||||||
| — Use Not Allowed | |||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE | Specific Use | |||||
| RR | R-1 | R-2 | R-3 | MH | TV-R | Regulations | |
| Health/ Quasi-public |
MUP | MUP | MUP | MUP | MUP | MUP | |
| Library/museum | MUP | MUP | MUP | MUP | MUP | P | |
| Meeting facility, public or private |
MUP | MUP | MUP | MUP | MUP | MUP | |
| Park/ |
MUP | MUP | MUP | MUP | MUP | P | |
| Private residential recreation facility |
MUP | MUP | MUP | MUP | MUP | MUP | |
| School, public or private | MUP | MUP | MUP | MUP | MUP | MUP | |
| Studio—Art, dance, martial arts, music, etc. |
— | — | — | — | — | MUP | |
| RESIDENTIAL USES (See Section 20-28.080, Senior Housing (-SH) combining district, for specific requirements regarding proposed senior housing developments) |
|||||||
| Accessory dwelling unit | S | S | S | S | — | S | 20-42.130 |
| Agricultural employee housing—6 or fewer residents |
P | P | P | P | P | P | |
| Agricultural employee housing—7 or more residents (11) |
MUP | MUP | MUP (2) | MUP (2) | MUP | MUP (2) | |
| Animal keeping—Domestic and exotic |
S | S | S | S | S | S | 20-42.040 |
| Cannabis—Personal cultivation |
P | P | P | P | P | P | 20-46 |
| Community care facility—6 or fewer clients |
P | P | P | P | P | P | 20-42.060 |
| Community care facility—7 or more clients (11) |
MUP | MUP | MUP (2) | MUP (2) | MUP | MUP (2) | 20-42.060 |
| Duplex (6)(7)(8) | MUP (2) | MUP (2) | P | P | — | P | |
| Emergency shelter | CUP | CUP | CUP | CUP | CUP | CUP | |
| Emergency Shelter—10 or fewer beds |
CUP (12) | CUP (12) | CUP (12) | CUP (12) | CUP (12) |
CUP (12) | |
| MUP - Minor Conditional Use Permit Required | |||||||
| CUP - Conditional Use Permit Required | |||||||
| S - See Specific Use Regulations for Permit | |||||||
| — Use Not Allowed | |||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE | Specific Use | |||||
| RR | R-1 | R-2 | R-3 | MH | TV-R | Regulations | |
| Half-Plex (6)(7)(8) | MUP (2) | MUP (2) | P | P | — | P | |
| Home occupation | S | S | S | S | S | S | 20-42.070 |
| Junior accessory dwelling unit |
S | S | S | S | — | S | 20-42.130 |
| Live/work | — | — | — | — | — | P (3) | 20-42.080 |
| Missing Middle Housing | — | — | — | P | — | P | 20-28.100 |
| Mobile home park (10) | CUP (13) | CUP (13) | CUP (13) | CUP (13) | P | — | 20-42.100 |
| Mobile home/ housing unit (8) |
P | P | P | P | P | P | 20-42.094 |
| Multi-family dwellings (6) (8) | MUP | MUP | P | P | — | P | |
| Organizational house (dormitory, sorority, monastery, etc.) |
MUP | MUP | CUP | CUP | — | CUP | |
| Residential accessory structures and uses |
P | P | P | P | P | P | 20-42.030 |
| Residential component of a mixed use project (11) |
MUP (2) | MUP (2) | MUP (2) | MUP (2) | MUP | P | 20-42.090 |
| Rooming or boarding house | P | P | P | P | — | P | |
| Rooming or boarding, accessory |
P | P | P | P | — | P | |
| Single-family attached (7) (8) |
MUP (2) | MUP (2) | P | P | — | P | |
| Single-family detached (7) (8) |
P | P | — | — | — | — | |
| Single Room Occupancy Facility (10) |
— | MUP | MUP | MUP | — | MUP | |
| Small lot residential project —single-family attached (10) |
CUP (12) | MUP | MUP | MUP | — | MUP | 20-42.140 |
| Small lot residential project —single-family detached (13) |
CUP (12) | MUP | — | — | — | — | 20-42.140 |
| MUP - Minor Conditional Use Permit Required | |||||||
| CUP - Conditional Use Permit Required | |||||||
| S - See Specific Use Regulations for Permit | |||||||
| — Use Not Allowed | |||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE | Specific Use | |||||
| RR | R-1 | R-2 | R-3 | MH | TV-R | Regulations | |
| Supportive housing | P | P | P | P | P | P | |
| Transitional housing | P (4) | P (4) | P | P | P | P | |
| Work/live | — | — | — | — | — | MUP | 20-42.080 |
| RETAIL TRADE | |||||||
| Accessory retail uses | — | — | — | — | MUP | P | 20-42.024 |
| Alcoholic beverage sales | — | — | — | — | — | CUP | 20-42.034 |
| Artisan shop | — | — | — | — | — | MUP | |
| General retail—up to 20,000 sf of floor area |
— | — | — | — | — | P | |
| Specialty food store— 10,000 sf or less |
— | — | — | — | — | P | |
| Neighborhood center | MUP | MUP | MUP | MUP | MUP | P | |
| Outdoor display and sales | — | — | — | — | — | MUP | 20-42.110 |
| Pharmacy | — | — | — | — | — | P | |
| Produce stand | MUP | — | — | — | — | MUP | |
| Restaurant, café, coffee shop—Counter ordering |
— | — | — | — | — | P | |
| Restaurant, café, coffee shop—Outdoor dining |
— | — | — | — | — | MUP | 20-42.110, 20-42.160 |
| Restaurant, café, coffee shop—Serving alcohol (no bar) |
— | — | — | — | — | MUP | |
| Restaurant, café, coffee shop—Table service |
— | — | — | — | — | P | |
| Second hand store | — | — | — | — | — | — | |
| SERVICES—BUSINESS, FINANCIAL, PROFESSIONAL | |||||||
| ATM | — | — | — | — | — | P | 20-42.044 |
| Medical service—Health care facility—6 or fewer patients |
P | P | P | P | P | P | 20-42.060 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020
TABLE 2-2 Allowed Land¶
Uses and Permit Requirements for Industrial Districts*
MUP - Minor Conditional Use Permit Required
CUP - Conditional Use Permit Required
| TABLE 2-2 Allowed Land Uses and Permit Requirements for Industrial Districts* |
TABLE 2-2 Allowed Land Uses and Permit Requirements for Industrial Districts* |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
P - Permitted Use, Zoning Clearance Required Consistent with Section 20-52.020 |
|---|---|---|---|---|---|---|---|---|---|---|
| MUP - Minor Conditional Use Permit Required | ||||||||||
| CUP - Conditional Use Permit Required | ||||||||||
| S - See Specific Use Regulations for Permit | ||||||||||
| — Use Not Allowed | ||||||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE | Specific Use | ||||||||
| RR | R-1 | R-2 | R-3 | MH | TV-R | Regulations | ||||
| Medical service—Health care facility—7 or more patients |
MUP | MUP | MUP | MUP | MUP | MUP | 20-42.060 | |||
| Medical service—Integrated medical health center |
— | — | MUP | MUP | — | MUP | ||||
| SERVICES—GENERAL | ||||||||||
| Accessory service | — | — | — | — | MUP | MUP | 20-42.024 | |||
| Adult day care | MUP | MUP | MUP | MUP | MUP | MUP | ||||
| Child day care—Large family day care home (9) |
P | P | P | P | P | P | 20-42.050 | |||
| Child day care—Small family day care home (9) |
P | P | P | P | P | P | 20-42.050 | |||
| Child day care center (10) | MUP | MUP | MUP | MUP | — | MUP | 20-42.050 | |||
| Extended hours of operation (11:00 p.m. to 6:00 a.m.) |
— | — | — | — | — | CUP | ||||
| Lodging—Bed & breakfast inn (B&B) |
MUP | MUP | — | — | — | — | ||||
| Personal services | — | — | — | — | — | MUP | ||||
| Public safety facility | MUP | MUP | MUP | MUP | MUP | MUP | ||||
| TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE | ||||||||||
| Electronic vehicle supply equipment (EVSE— Accessory |
P | P | P | P | P | P | ||||
| Telecommunications antenna |
S | S | S | S | S | S | 20-44 | |||
| Utility facility | CUP | CUP | CUP | CUP | CUP | CUP | ||||
| Utility infrastructure | P | P | P | P | P | P | ||||
| Key to Zoning District Symbols | ||||||||||
| RR | Rural Residential | R-3 | Multi-Family Residential | |||||||
| R-1 | Single-Family Residential | MH | Mobile Home Park |
| R-2 | R-2 | Medium Density Multi-Family Residential | TV-R | Transit Village-Residential |
|---|---|---|---|---|
| (1) | See Division 7 for land use definitions. | |||
| (2) | Permitted by right within any of the City's Priority Development Areas and shall therefore not require a use permit. |
|||
| (3) | A building permit is required to verify occupancy standards. | |||
| (4) | A Minor Use Permit is required for the construction of new multi-family supportive or transitional housing units in an RR or R-1-6 Zoning District, similar to construction of a new traditional multi-family unit in an RR or R-1- 6 Zone. The construction of new multi-family supportive housing units does not require a Minor Use Permit when the proposed use meets each of the requirements of Assembly Bill 2162, as specified in Government Code Section 65651.A new supportive or transitional housing use occupying an existing multi-family residence in an RR or R-1-6 Zoning District is a permitted use requiring only a Zoning Clearance. |
|||
| (5) | A community garden is allowed on the same property as an existing permitted meeting facility provided that the establishment of the garden does not trigger a grading permit or affect the operation and design of the meeting facility. |
|||
| (6) | Permitted with a Minor Conditional Use Permit within any single-family Planned Development and/ residential Planned Development within any of the City's Priority Development Areas. |
|||
| (7) | Permitted by right within any single-family Planned Development and/ Development within any of the City's Priority Development Areas and shall therefore not require a use permit. |
|||
| (8) | Permitted with a Minor Conditional Use Permit within any nonresidential Planned Development within any of the City's Priority Development Areas. |
|||
| (9) | Permitted by right within any Planned Development. | |||
| (10) | Permitted with a Minor Conditional Use Permit within any residential Planned Development. | |||
| (11) | Permitted by right within any multi-family residential Planned Development within any of the City's Priority Development Areas and shall therefore not require a use permit. |
|||
| (12) | Permitted with a Minor Conditional Use Permit within any of the City's Priority Development Areas. | |||
| (13) | Permitted with a Minor Conditional Use Permit within any single-family Planned Development and/ residential Planned Development. |
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3889 § 2, 2008; Ord. 3950 § 4, 2010; Ord. 3968 § 2, 2011; Ord. 3978 § 3, 2012; Ord. 3997 § 4, 2012; Ord. 4001 § 2, 2012; Ord. 4002 § 2, 2012; Ord. 4042 § 2, 2015; Ord. 2017-024 § 2; Ord. 2017-025 § 2; Ord. 2018-012 § 3; Ord. 2020-001 § 3; Ord. 2020-014 § 6; Ord. 2021-012 § 9; Ord. 2024-012, 11/19/2024; Ord. 2025-014, 11/18/2025
The minimum parcel size requirements for new subdivisions in the residential zoning districts and maximum allowable residential densities are established by Table 2-3.
A.
Application of requirements to property. The application of minimum parcel size requirements to property within the City is shown on the Zoning Map (Chapter 20-20) by means of a numerical or alphabetical suffix appended to the residential Zoning Map symbols (e.g., R-1-9, R-3-HD). Each applicable suffix is shown in the "Zoning District and Suffix" column of Table 2-3.
B.
Attached housing projects. A condominium, townhome, or planned development project may be subdivided for ownership purposes into smaller parcels than allowed by Table 2-3, with the minimum lot area requirement, maximum lot coverage, and dimensions determined through the subdivision review process,
provided that the overall development site complies with the lot area and width requirements of this Chapter, and the total number of dwellings does not exceed the maximum density established by the applicable zoning district.
C.
Small lot residential projects. Small lot residential projects are allowed in compliance with Section 20-42.140 (Residential Small Lot Projects), instead of the requirements in Table 2-3.
| TABLE 2-3—RESIDENTIAL ZONING DISTRICT PARCEL SIZE AND DENSITY | |||
|---|---|---|---|
| Zoning District and Suffix |
Minimum Lot Size | Maximum Number of Dwelling Units (units) per Parcel |
|
| Gross Area | Width (1) | ||
| RR-40 | 1 acre | Determined through subdivision process |
1 dwelling unit, plus 1 second unit where allowed |
| RR-20 | 20,000 sf | Determined through subdivision process |
by Section 20-42.140, Or a multi-family project where authorized by Minor |
| R-1-6 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
60 ft—Interior lot 70 ft—Corner lot |
Use Permit approval, and consistent with the |
| R-1-7.5 | 7,500 sf—Interior lot 8,000 sf—Corner lot |
75 ft | allowable density established by the General Pl l l h |
| R-1-9 | 9,000 sf—Interior lot 9,500 sf—Corner lot |
80 ft | an, ony on a parce tat complies with the minimum lot size requirements. |
| R-1-15 | 15,000 sf—Interior lot 15,000 sf—Corner lot |
80 ft | |
| R-2 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
60 ft—Interior lot 70 ft—Corner lot |
1 unit per 3,000 sf (2) (3) |
| R-3-10 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
60 ft—Interior lot 70 ft—Corner lot |
1 unit per 4,300 sf (2) (3) |
| R-3-15 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
60 ft—Interior lot 70 ft—Corner lot |
1 unit per 2,900 sf (2) (3) |
| R-3-18 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
80 ft—Interior lot 90 ft—Corner lot |
1 unit per 2,400 sf (2) (3) |
| R-3-30 | 6,000 sf—Interior lot 7,000 sf—Corner lot |
80 ft—Interior lot 90 ft—Corner lot |
1 unit per 1,450 sf (2) (3) |
| R-3-HD | 6,000 sf—Interior lot 7,000 sf—Corner lot |
80 ft—Interior lot 90 ft—Corner lot |
Determined by CUP (3) |
| MH | 5 acres for mobile home park; as determined by mobile home park Conditional Use Permit for individual mobile home sites within a mobile home park. |
4 to 18 units per acre | |
| TV-R | None required. | 25 to 40 units per acre (3) |
Notes:¶
| Notes: | |
|---|---|
| (1) | Minimum lot width shall be measured midway between the front and rear lot lines. |
| (2) | The density requirement is expressed as the minimum number of square feet of gross site area required for each dwelling unit. |
| (3) | A Missing Middle Housing development designed in accordance with Section 20-28.100 is not subject to the unit per square footage requirement. |
D.
Development in all R-3 and TV-R districts shall provide at least the midpoint of the allowed density, unless topography, parcel configuration, heritage trees, historic preservation, or utility constraints make the midpoint impossible to achieve.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3950 § 5, 2010; Ord. 2020-014 § 7; Ord. 2025-014, 11/18/2025)
New land uses, structures, and site development, and alterations to existing land uses, structures, and site development within the residential zoning districts shall be designed, constructed, and established in compliance with the following re-quirements, and all applicable standards in Divisions 3 (Site Planning and General Development Standards) and 4 (Standards for Specific Land Uses) of this Zoning Code.
A.
RR and R-1 zoning districts. See the requirements in Tables 2-3 and 2-4.
B.
R-2 and R-3 zoning districts. See the requirements in Tables 2-3 and 2-5.
C.
MH zoning district. See the requirements in Section 20-42.100 (Mobile Home Parks). D.
TV-R zoning district. See the requirements in Tables 2-3 and 2-5. The standards of this district are intended to support a diverse mix of multi-family housing, live-work housing and mixed-use residential with neighborhood serving retail. See also the General Plan, Downtown Station Area Specific Plan and Section 2 (Core Area) of the City's Design Guidelines.
1.
Residential required. Each new development shall be a residential project, with a ground floor neighborhood
serving retail or live-work component encouraged, in compliance with the residential density requirements of the TV zoning district in Table 2-3.
2.
Height limit. There is a four-story height limit for new buildings within this zoning district, with the exception of those projects located adjacent to existing residential zones or residential uses where the maximum height shall transition down to a maximum of three stories adjacent to the residential property.
3.
Development adjacent to residential zones and residential uses. Development located adjacent to a Residential zone or residential use shall be compatible in both scale and design with the adjacent neighborhood.
4.
Site design, hours of operation. Site design and hours of operation shall be as determined by the review authority to be compatible with surrounding neighborhood uses.
5.
Setbacks for noise and air quality impacts. To facilitate the planned transition to a more compact Development pattern within the TV-R zoning district, increased setback distances shall not be used as a measure to mitigate potential noise and air quality impacts when new development is proposed adjacent to nonconforming industrial or light industrial uses.
E.
NMU zoning district. See the requirements in Tables 2-6 and 2-8. The standards of this district allow for new multi-family residential development and other neighborhood-scale supporting uses in all-residential or mixed-use buildings.
See also Sections 2 (Core Area), 3.1 (Single-Family Residential), 3.2 (Multiple-Family Residential), and 4.3 (Infill Development), of the City's Design Guidelines.
| See also Sections 2 (Core Area), 3.1 (Single-Family Residential), 3.2 (Multiple-Family Residential), and 4.3 (Infill Development), of the City's Design Guidelines. |
||||||
|---|---|---|---|---|---|---|
| TABLE 2-4—RR AND R-1 DISTRICT DEVELOPMENT STANDARDS | ||||||
| Development Feature | Requirement by Zoning District | |||||
| RR-40 | RR-20 | R-1-6 | R-1-7.5 | R-1-9 | R-1-15 | |
| Setbacks, primary structures (1) |
Minimum setbacks required. See Section 20-30.110 for setback measurement instructions, and exceptions to these requirements. |
|||||
| Front | 20 ft | 20 ft | 15 ft | 20 ft | 20 ft | 20 ft |
| Side—Interior | 5 ft | 5 ft | 5 ft for 1- story parts of structures 10 ft for 2- story parts of structures |
5 ft for 1- story parts of structures 10 ft for 2- story parts of structures |
10 ft | 10 ft |
| Side—Corner | 20 ft | 15 ft | 15 ft | 15 ft | 15 ft | 15 ft |
| Rear | 20 ft | 20 ft | 15 ft | 15 ft | 20 ft | 20 ft |
| Garage/ |
A garage/ 19 ft from the rear of the sidewalk, street property line, or street plan line, whichever is greater. A garage facing a public or private alley or driveway shall be set back 3 to 5 ft from the alley property line, back of curb, sidewalk, or pavement edge, whichever is greater. |
|||||
| Setbacks, accessory structures (1) |
Minimum setbacks accessory structures. See also Sections 20-30.110 for exceptions, and 20-42.030 (Accessory Uses and Structures). |
|||||
| Front | 20 ft | |||||
| Side—Interior | 5 ft | 5 ft 0 ft for attached and zero lot line units |
5 ft 0 ft for attached and zero lot line units |
| TABLE 2-4—RR AND R-1 DISTRICT DEVELOPMENT STANDARDS | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Development Feature | Requirement by Zoning District | |||||||||||
| RR-40 | RR-20 | R-1-6 | R-1-7.5 | R-1-9 | R-1-15 | |||||||
| Side—Corner | 20 ft | 15 ft | ||||||||||
| Rear | 5 | ft | 5 ft | |||||||||
| Alley | 3 to 5 ft, or 19 ft when used for parking with direct access to alley. | |||||||||||
| Building separation | See Sections 20-30.110 (Setback Requirements and Exceptions) and 20- 42.030 (Accessory Structures and Uses). |
|||||||||||
| Lot coverage | Maximum percentage of total lot area that may be covered by structures. See Section 20-22.040 (Residential District Subdivision and Density Standards). |
|||||||||||
| Residential structures | 40% | |||||||||||
| Meeting facility | Determined through Conditional Use Permit approval, to a maximum of 75% | |||||||||||
| Height limit | Maximum allowable height of structures. See Sections 20-30.070 (Height Limits and Exceptions) for height measurement requirement and height limit exception and 20-52.060 (Minor Adjustments, Minor Variances and Variances). |
|||||||||||
| Primary structures | 35 ft | 35 ft | ||||||||||
| Accessory structures | 16 ft | 16 ft | ||||||||||
| Fences, walls & hedges | No fence, wall, or hedge shall exceed a height of 3 feet in any required front or corner side setback, or 6 feet in any other location on the lot. See Section 20-30.050 (Fences, Walls, and Hedges). |
|||||||||||
| Landscaping | See Chapter 20-34 (Landscaping Standards). |
|||||||||||
| Parking | See Chapter 20-36 (Parking and Loading). |
|||||||||||
| Signs | See Chapter 20-38 (Signs). |
|||||||||||
| Notes: | ||||||||||||
| (1) | For a multi-family housing project the setbacks are measured from the exterior walls of the structure to the outermost project property lines. |
|||||||||||
| TABLE 2-5—R-2 AND R-3 DISTRICT DEVELOPMENT STANDARDS | ||||||||||||
| Development Feature | Requirement by Zoning District | |||||||||||
| R-2 | R-3-10 | R-3-15 | R-3-18 | R-3-30 | R-3-HD | TV-R | ||||||
| Setbacks, primary structures (1) (2) |
Minimum setbacks required. See Section 20-30.110 for setback measurement instructions, and exceptions to these requirements. |
|||||||||||
| Front | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | None, except as |
| TABLE 2-5—R-2 AND R-3 DISTRICT DEVELOPMENT STANDARDS | |||||||
|---|---|---|---|---|---|---|---|
| Development Feature | Requirement by Zoning District | ||||||
| R-2 | R-3-10 | R-3-15 | R-3-18 | R-3-30 | R-3-HD | TV-R | |
| required by the review authority (2) |
|||||||
| Side—Interior 1-story portions |
|||||||
| Attached and detached except when: |
5 ft | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | None, except as required by the review authority (2) |
| Abutting an R-3 | 0 ft | 0 ft | 0 ft | 0 ft | 0 ft | 0 ft | |
| Side—Interior 2-story portions |
|||||||
| Attached and detached except when: |
10 ft | 10 ft | 10 ft | 10 ft | 10 ft | 10 ft | None, except as required by the review authority (2) |
| Abutting an R-3 | 7.5 ft | 0 ft | 0 ft | 0 ft | 0 ft | 0 ft | |
| Abutting a nonresidential district |
7.5 ft | 7.5 ft | 7.5 ft | 7.5 ft | 7.5 ft | 7.5 ft | |
| Side—Interior 3-story portions (or more) |
|||||||
| Attached and detached except when: |
15 ft | 15 ft | 15 ft | 15 ft | 15 ft | 15 ft | None, except as |
| Abutting an R-3 | 10 ft | 0 ft | 0 ft | 0 ft | 0 ft | 0 ft | required by the review |
| Abutting a nonresidential district |
10 ft | 10 ft | 10 ft | 10 ft | 10 ft | 10 ft | authority (2) |
| Side—Corner | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | 10 ft (3) | |
| Rear | |||||||
| Attached and detached except when: |
15 ft | 15 ft | 15 ft | 15 ft | 15 ft | 15 ft | None, except as required by |
| Abutting an R-3 | 15 ft | 0 ft | 0 ft | 0 ft | 0 ft | 0 ft | the review authority (2) |
| Garage/ |
A garage/ 19 ft from the rear of the sidewalk, street property line, or street plan line, whichever is greater. A garage facing a public or private alley or driveway |
| TABLE 2-5—R-2 AND R-3 DISTRICT DEVELOPMENT STANDARDS | |||||||
|---|---|---|---|---|---|---|---|
| Development Feature | Requirement by Zoning District | ||||||
| R-2 | R-3-10 | R-3-15 | R-3-18 | R-3-30 | R-3-HD | TV-R | |
| shall be set back 3 to 5 ft, or 19 ft from the alley property line, back of curb, sidewalk, or pavement edge, whichever is greater. |
|||||||
| Setbacks, accessory structures (1) |
Minimum setbacks for accessory structures. See also Sections exceptions, and 20-42.030 (Accessory Uses and Structures). |
20-30.110 for | |||||
| Front | 20 ft | 20 ft | 20 ft | 20 ft | 20 ft | 20 ft | None, |
| Side—Interior | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | except as required b |
| Side—Corner | 15 ft | 15 ft | 15 ft | 15 ft | 15 ft | 15 ft | y the review authority (2) |
| Rear | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | 5 ft | |
| Alley | 3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
3 to 5 ft, or 19 ft when used for parking with direct access to alley. |
| Building separation | See Sections 20-30.110 (Setback Requirements and Exceptions) and 20- 42.030 (Accessory Structures and Uses). |
||||||
| Lot coverage | Maximum percentage of total lot area that may be covered by structures. See Section 20-22.040 (Residential District Subdivision and Density Standards). |
||||||
| Maximum coverage | 50% | 55% | 60% | 65% | 75% | 75% | 100% |
| Height limit | Maximum allowable height of structures. See Section 20-30.070 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. |
||||||
| Primary structures | 35 ft | 35 ft | 35 ft | 35 ft | 35 ft | 45 ft | 4 stories (4) |
| Accessory structures | 16 ft | 16 ft | 16 ft | 16 ft | 16 ft | 16 ft | 16 ft |
| Fences, walls & hedges | No fence, wall, or hedge shall exceed a height of 3 feet in any required front or corner side setback, or 6 feet in any other location on the lot. See Section 20-30.110 (Setback requirements and exceptions). |
||||||
| Landscaping | See Chapter 20-34 (Landscaping Standards). |
||||||
| Parking | See Chapter 20-36 (Parking and Loading). |
| TABLE 2-5—R-2 AND R-3 DISTRICT DEVELOPMENT STANDARDS | ||||||||
|---|---|---|---|---|---|---|---|---|
| Development Feature | Requirement by Zoning District | |||||||
| R-2 | R-3-10 | R-3-15 | R-3-18 | R-3-30 | R-3-HD | TV-R | ||
| Signs | See Chapter 20-38 |
(Signs). | ||||||
| Notes: | ||||||||
| (1) | The Design Review or Conditional Use Permit process may require larger setbacks. | |||||||
| (2) | The North Station Area (-SA) or Downtown Station Area (-DSA) Combining Districts may require special setbacks. |
|||||||
| (3) | A one- story portion may project up to 6 ft into the setback and required stairs and landings may project up to 10 ft into the setback. |
|||||||
| (4) | Properties that abut residential and historic residential uses and zoning districts, maximum height shall transition down to a max. of 3 stories adjacent to the residential property. |
|||||||
| (Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3950 §§ 6, 7, 2010; Ord. 2020-014 § 8; Ord. 2021-012 § 10; Ord. 2025-014,11/18/2025) |
Notes:¶
| Sales | Center | |||||||
|---|---|---|---|---|---|---|---|---|
| Notes: | ||||||||
| (1) | See Division 7 for land use definitions. | |||||||
| (2) | Each new development or project involving significant additions or reconstruction is required to be a mixed use project with a residential component in compliance with the residential density requirements for the CSC zoning district as described in Sections 20-23.040 and 20-23.080. |
|||||||
| (3) | Each new development on a site shown in Figure 2-1, Section 20-23.060.C shall be a mixed use project, and each new development within the Courthouse Square Sub-Area of the Downtown Station Area Specific Plan shall provide activity-generating uses at the ground floor along all public streets. |
|||||||
| (4) | Minor Conditional Use Permit required when site abuts residential zoning district or parcel with residential use. | |||||||
| (5) | Uses permitted on upper stories of building, Minor Use Permit required when proposed on ground floor. | |||||||
| (6) | A community garden is allowed on the same property as an existing permitted meeting facility provided that the establishment of the garden does not trigger a grading permit or affect the operation and design of the meeting facility. |
|||||||
| (7) | Residential uses are encouraged as part of new development on sites zoned CN, as described in Section 20- 23.050. |
|||||||
| (8) | Director level Design Review is required when a project is not part of a building permit application. | |||||||
| (9) | Permitted by right within any nonresidential Planned Development within any of the City's Priority Development Areas and shall therefore not require a use permit. |
|||||||
| (10) | Subject to a 600-foot minimum setback requirement to a "school," as defined by the Health and Safety Code Section 11362.768.In addition, a cannabis retail use shall not be established within 600 feet of any other cannabis retail use established within and permitted by the City of Santa Rosa. |
|||||||
| (11) | Not permitted in the Southeast Greenway area. | |||||||
| (12) | Supportive housing is allowed only when the proposed use meets each of the requirements of Assembly Bill 2162, as specified in Government Code Section 65651. |
|||||||
| (13) | Outdoor dining permitted by right, pursuant to Section 20-42.110.B. | |||||||
| (14) | Permitted by right within any commercial Planned Development within any of the City's Priority Development Areas. |
|||||||
| (15) | Permitted with a Minor Conditional Use Permit within any of the City's Priority Development Areas. | |||||||
| (16) | Permitted by right within one of the City's Priority Development Areas. | |||||||
| (17) | Permitted with a Minor Conditional Use Permit within any nonresidential Planned Development within any of the City's Priority Development Areas. |
|||||||
| (18) | Permitted by right within any Planned Development. | |||||||
| (19) | Permitted by right within any commercial Planned Development. | |||||||
| (20) | Permitted with a Minor Conditional Use Permit within any commercial Planned Development. | |||||||
| (21) | Any Commercial Kitchen, including restaurants, can operate as a Commissary, as long as the Commercial Kitchen is licensed by Sonoma County Environmental Health and the City has permitted the Commercial Kitchen. |
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3760 § 2 Exh. A, 2006; Ord. 3766 § 1 Exh. A, 2006; Ord. 3889 § 2, 2008; Ord. 3908 §§ 2, 3, 2009; Ord. 3950 § 9, 2010; Ord. 3968 § 3, 2011; Ord. 3978 § 4, 2012;
Ord. 3987 § 3, 2012; Ord. 3989 § 2, 2012; Ord. 3995 § 4, 2012; Ord. 3997 § 4, 2012; Ord. 4001 § 3, 2012; Ord. 4002 § 3, 2012; Ord. 4042 § 2, 2015; Ord. 4074 § 2, 2016; Ord. 2017-017 § 2; Ord. 2017-025 § 3; Ord. 2018-012 § 3; Ord. 2019-009 § 2; Ord. 2020-001 § 4; Ord. 2020-014 § 10; Ord. 2021-012 § 12; Ord. 2022010 § 2; Ord. 2024-012, 11/19/2024; Ord. 2025-004, 3/18/2025; Ord. 2025-005, 3/18/2025; Ord. 2025-014, 11/18/2025)
A.
General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-7 and 2-8, in addi-tion to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Division 3 of this Zoning Code.
B.
Modifications to standards. The requirements of Tables 2-7 and 2-8 may be modified by the Commission through Conditional Use Permit approval.
C.
Design Guidelines. See also Sections 2 (Core Area), 3.3 (Retail Centers and Commercial Districts) and 4.3 (Infill Development) of the City's Design Guidelines.
| TABLE 2-7—CO, CN, AND CG DISTRICT DEVELOPMENT STANDARDS | |||
|---|---|---|---|
| Requirement by Zoning District | |||
| Development Feature | CO | CN | CG |
| Minimum lot size | Minimum area and dimensions for parcels proposed in new subdivisions. | ||
| Area (1) | 6,000 sf—Interior lot 7,000 sf—Corner lot |
None required | Determined by CUP |
| Dimensions (1) | None required | ||
| Residential density | Maximum number of dwelling units allowed on a parcel. The actual number of units will be determined by the City through subdivision or land use permit approval. |
||
| Maximum or required density |
30 units per acre, maximum | 1 unit required per 4,000 sf of non-residential use, to a max. 30 units per acre |
30 units per acre, maximum |
| Setbacks (1) (2) | Minimum setbacks required. See Section 20-30.110 for setback measurement instructions. |
||
| Front | 15 ft | 7.5 ft adjacent to a residential zone or use, or more as required by Design Review; none required elsewhere |
|
| Side—Interior (each) | 5 ft | 5 ft adjacent to a residential zone or use, or id b Di Ri |
|
| Side—Corner | 15 ft | more as requre y esgn evew; none required elsewhere |
|
| Rear | 1-story building—5 ft 2-story building—10ft; |
10 ft adjacent to a residential zone or use, or more as required by Design Review; none |
| TABLE 2-7—CO, CN, AND CG DISTRICT DEVELOPMENT STANDARDS | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Requirement by Zoning District | |||||||||||
| Development Feature | CO | CN | CG | ||||||||
| 15 ft adjacent to R zone 3 or more stories—15 ft 25 ft adjacent to R zone |
required elsewhere | ||||||||||
| Lot coverage (1) | Maximum percentage of total lot area that may be covered by structures. | ||||||||||
| Maximum coverage | 65% | 85% for retail/ uses other than lodging; 65% for recreation, education, public assembly, lodging, public buildings and utilities |
100% | ||||||||
| Height limit | Maximum allowable height of structures. See Section 20-30.070 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. |
||||||||||
| Maximum height | 35 ft | 45 ft | 55 ft | ||||||||
| Landscaping | See Chapter | 20-34 (Landscaping Standards) |
|||||||||
| Parking | See Chapter 20-36 (Parking and Loading) |
||||||||||
| Signs | See Chapter 20-38 (Signs) |
||||||||||
| Notes: | |||||||||||
| (1) | Subdivision or Conditional Use Permit approval may establish specific requirements for minimum lot area, maximum lot coverage, set backs, and/ surroundings, environmental constraints, and/ |
||||||||||
| (2) | The Design Review process may require larger setbacks. | ||||||||||
| TABLE 2-8—CV, CMU, SMU, MMU, NMU, AND CSC DISTRICT DEVELOPMENT STANDARDS | |||||||||||
| Development Feature |
Requirement by Zoning District | ||||||||||
| CV | CMU(4) | SMU(4) | MMU(4) | NMU(4) | CSC | ||||||
| Minimum lot size |
Minimum area and dimensions for parcels proposed in new subdivisions. | ||||||||||
| Area | 20,000 sf | None required | None required | None required | None required | Determined by CUP |
|||||
| Dimensions | None required (1) |
None required (1) |
None required (1) |
None required (1) |
None required (1) |
None required (1) |
| TABLE 2-8—CV, CMU, SMU, MMU, NMU, AND CSC DISTRICT DEVELOPMENT STANDARDS | ||||||
|---|---|---|---|---|---|---|
| Development | Requirement by Zoning District | |||||
| Feature | CV | CMU(4) | SMU(4) | MMU(4) | NMU(4) | CSC |
| Residential density |
Maximum number of dwelling units allowed on a parcel. The actual number of units will be determined by the City through subdivision or land use permit approval. |
|||||
| Maximum density |
Not allowed |
See FAR Section 20.23.060. None required for parcels without an assigned FAR. |
See FAR Section 20-23.060. |
1 unit required per 4,000 sf of nonresidential floor area to a maximum of 30 units per acre. |
||
| Setbacks(1) (2) |
Minimum setbacks required. See Section 20-30.110 for setback measurement instructions. |
|||||
| Front | 20 ft (3) | Nonresidential Ground Floor 0-10 ft (min/ |
Nonresidential Ground Floor 0-10 ft (min/ |
Nonresidential Ground Floor 0-10 ft (min/ |
Nonresidential Ground Floor 0-10 ft (min/ |
7.5 ft adjacent to a residential zone or use; none required elsewhere |
| Residential Ground Floor 5-12 ft (min/ |
||||||
| Side— Interior (each) |
5 ft adjacent to a residential zone or use; none required elsewhere. |
0 -10 ft (min/ required when directly abutting existing low- density residential development. |
0 -10 ft (min/ required when directly abutting existing low- density residential development. |
0 -10 ft (min/ required when directly abutting existing low- density residential development. |
0 -10 ft (min/ required when directly abutting existing low- density residential development. |
5 ft adjacent to a residential zone or use; none required elsewhere. |
| Side— Corner |
Same as interior side |
0-10 ft (min/ |
0-10 ft (min/ |
0-10 ft (min/ |
0-10 ft (min/ |
Same as interior side |
| Rear | 20 ft | 5 ft adjacent to a low- density or medium low- density residential |
5 ft adjacent to a low- density or medium low- density residential |
5 ft adjacent to a low- density or medium low- density residential |
0 ft; 5 feet required when directly abutting existing low- density |
5 ft adjacent to a residential zone or use; none required elsewhere. |
| TABLE 2-8—CV, CMU, SMU, MMU, NMU, AND CSC DISTRICT DEVELOPMENT STANDARDS | ||||||||
|---|---|---|---|---|---|---|---|---|
| Development | Requirement by Zoning District | |||||||
| Feature | CV | CMU(4) | SMU(4) | MMU(4) | NMU(4) | CSC | ||
| zone or use; none required elsewhere. |
zone or use; none required elsewhere. |
zone or use; none required elsewhere. |
residential development |
|||||
| Lot coverage (1) |
Maximum percentage of total lot area that may be covered by structures. | |||||||
| Maximum coverage |
85% | 100% | 100% | 100% | 100% | 100% | ||
| Height limit | Maximum allowable height of structures. See Section 20-30.070 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. |
|||||||
| Maximum height |
55 ft | See FAR Section 20- 23.060.For properties without an assigned FAR, a max of 35 ft |
See FAR Section 20- 23.060. |
See FAR Section 20- 23.060. |
See FAR Section 20- 23.060. |
55 ft | ||
| Landscaping | See Chapter 20-34 (Landscaping Standards) |
|||||||
| Parking | See Chapter 20-36 (Parking and Loading) |
|||||||
| Signs | See Chapter 20-38 (Signs) |
|||||||
| Notes: | ||||||||
| (1) | Subdivision or Conditional Use Permit approval may establish specific requirements for minimum lot area, maximum lot coverage, setbacks, and/ surroundings, environmental constraints, and/ |
|||||||
| (2) | The Design Review process may require larger setbacks. | |||||||
| (3) | A 20-foot front setback is required for buildings and of-street parking areas; outdoor auto display areas require no front setback. |
|||||||
| (4) | See Zoning Code Section 20-23.060 for additional zoning district development standards. |
|||||||
| TABLE 2-9—TV-M DISTRICT DEVELOPMENT STANDARDS | ||||||||
| Development Feature | Requirement by Zoning District | |||||||
| TV-M | ||||||||
| Minimum lot size | Minimum area and dimensions for parcels proposed in new subdivisions. | |||||||
| Area (1) | None required (1) |
| TABLE 2-9—TV-M DISTRICT DEVELOPMENT STANDARDS | ||
|---|---|---|
| Development Feature | Requirement by Zoning District | |
| TV-M | ||
| Dimensions (1) | None required (1) | |
| Residential density | Maximum number of dwelling units allowed on a parcel. The actual number of units will be determined by the City through subdivision or land use permit approval. |
|
| Maximum density | 40 units per acre minimum | |
| Setbacks(1) (2) | Minimum setbacks required. See Section 20-30.110 for setback measurement instructions. |
|
| Front | None, except as required by the review authority (3) | |
| Side—Interior (each) | ||
| Side—Corner | None, except as required by the review authority (3) | |
| Rear | None, except as required by the review authority (3) | |
| Lot coverage(1) | Maximum percentage of total lot area that may be covered by structures. | |
| Maximum coverage | 100% | |
| Height limit | Maximum allowable height of structures. See Section 20-30.070 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. |
|
| Maximum height | 7 stories for properties south of 3rd Street 5 stories for properties north of 3rd Street (4) All new development must be a minimum of 2 stories. |
|
| Landscaping | See Chapter 20-34 (Landscaping Standards) |
|
| Parking | See Chapter 20-36 (Parking and Loading) |
|
| Signs | See Chapter 20-38 (Signs) |
|
| Notes: | ||
| (1) | Subdivision or Conditional Use Permit approval may establish specific requirements for minimum lot area, maximum lot coverage, set backs, and/ surroundings, environmental constraints, and/ |
|
| (2) | The Design Review process may require larger setbacks. | |
| (3) | The Station Area Streets Combining District may require special setbacks. | |
| (4) | All projects north of 3rd Street that are over 35 feet tall or two stories are subject to review and approval by the Cultural Heritage Board and Design Review Board per requirements of the –H Combining District. |
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3799 § 1, 2006; Ord. 3810 § 1, 2007; Ord. 3950 § 10, 2010; Ord. 2020-014 § 11; Ord. 2025-014, 11/18/2025)
All commercial development within the CN zoning district shall comply with the following standards, in addition to the other applicable requirements of this Chapter and Zoning Code. See also Section 3.3 (Retail Centers and Commercial Districts) of the City's Design Guidelines.
A.
Mixed use development encouraged. Each new development is encouraged to be a mixed use project with a residential component in compliance with the residential density requirements of the CN zoning district in Table 2-7. Residential uses may be either vertically or horizontally integrated with the nonresidential uses. B.
Multiple tenancies required. All proposed development shall be designed for multiple nonresidential tenants, with no one tenant space exceeding 50 percent of the aggregate commercial floor area. C.
Site design, hours of operation. Site design and hours of operation shall be as determined by the review authority to be compatible with surrounding neighborhood uses.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3750 § 1 Exh. A, 2005; Ord. 3987 § 4, 2012) The standards of this section are intended to support a mixed use and pedestrian-oriented Downtown.
Development within the CMU, SMU, MMU, NMU zoning districts shall comply with the following standards and any other applicable requirements of this Chapter and Zoning Code. See also the General Plan and Section 2 – Core Area of the City's Design Guidelines.
A.
Floor area ratio (FAR).
1.
The following map shows the maximum base FAR allowed within specified areas of the CMU, SMU, MMU, and NMU zoning districts.
a.
12 historic properties within the CMU zoning district have no assigned FAR (eastside of B Street between 7th Street and Lincoln Street, and one property on 10th Street as shown in Figure 2-1.A). See Table 2-8 for height and density development standards.
(Image not reproduced in this text.)
Figure 2-1.A
2.
Calculations. FAR is a ratio of the building(s) total floor area divided by gross lot area as follows: a.
Building total floor area is the entire area within the walls of a building, measured in a horizontal plane from the outside edge of exterior wall to exterior wall or from the center line of common walls to the outside edge of exterior walls, in square feet. For FAR calculation, total floor area excludes:
• Crawl spaces. • Structured parking and carports. • Breezeways. • Attics without floors. • Porches, balconies, and terraces. • Below-grade structures. • Outdoor recreational spaces (common, public, or private). • The area of any designated historic structure to be preserved on a specific site, so long as the historic and/or architectural character of the structure is rehabilitated and not adversely affected.
• Active ground floor uses in areas where active ground floor requirements apply in the AGF combining district.
b.
For an interior building space where the ceiling height exceeds 20 feet above floor height, the floor area square footage is doubled for the purpose of calculating FAR. This is to ensure that double-height lobbies, ballrooms, and similar spaces are adequately accounted for in the FAR calculation.
c.
Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way.
3.
New development is required to achieve the mid-point or higher of the maximum FAR. Exceptions are allowed where parcel configuration, historic preservation, or utility constraints make the mid-point impossible to achieve.
B.
Site design and building placement.
1.
All development is subject to sight distance and vision triangle requirements contained in Section 20-30.110.
2.
Setbacks. Building placement shall comply with the respective zoning district standards shown in Section 20-22.050 Table 2-5, or Section 20-23.040 Table2-8.
3.
Buildings shall be constructed at the required front setback for at least 70 percent of linear street frontage. This build-to-line requirement may be modified or waived if elements such as entry courtyards, plazas, entries, outdoor eating and display areas, or mature heritage trees, are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, dining, or landscaped area.
4.
Development on lots over 60,000 square feet in size shall comply with tower separation requirements shown on Figure 2-1.B. Residential towers over 100 feet tall shall be separated from other towers by a minimum of 100 feet as measured from the closest point of the face of one tower to the next, while nonresidential towers over 100 feet tall shall be separated by a minimum of 80 feet, measured similarly.
(Image not reproduced in this text.)
Figure 2-1.B
5.
For portions of buildings above 100 feet, as shown in Figure 2-1.B, the dimension of the longest building side and the diagonal shall not exceed the following:
Commercial uses. Maximum side: 200 feet; maximum diagonal: 220 feet;
Residential uses. Maximum side: 140 feet; maximum diagonal: 160 feet.
6.
Development on First Street or Third Street between A Street and D Street in the Core Area shall not cast shadows covering more than 25 percent of Courthouse Square for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time (between late October and early April), or for more than four hours between 9:00 a.m. and 5:00 p.m. Pacific Daylight Time (between early April and late October). See Shadow Study, Figure 2-1.C.
(Image not reproduced in this text.)
Figure 2-1.C
C.
Building design.
1.
Dimensional relief. Building design shall create visual interest and avoid large-scale, bulky, or box-like appearance (see Figure 2-1.D). Design alternatives include, but are not limited to: a.
Wall plane variety;
b.
Height or roof form variety; and
c.
Incorporation of architectural detail or vegetative elements into façade design.
(Image not reproduced in this text.)
Figure 2-1.D
2.
Design extent. Façade architectural articulation and finishes shall be consistently applied to all sides of the structure.
3.
Transparency (fenestration) requirements. Primary and side street non-residential building facades shall incorporate ground floor transparency/fenestration for 60 percent of the main frontage and 25 percent of the side façade, or as allowed by local building code.
4.
Ground level design requirements.
a.
Ceiling height. The minimum floor-to-ceiling height of the ground floor commercial space shall be at least 12 feet, as shown in Figure 2-1.E.
(Image not reproduced in this text.)
Figure 2-1.E
b.
Primary building entrance. A primary building entrance may be individual or shared. The entrance shall be prominent and easy to identify; shall face a public street or paseo; and shall incorporate a projection (porch, stoop, bay window, etc.), recess, or a combination of porch or recess.
c.
Architectural features. Ground-level architectural features such as porches and stoops may project up to six feet into the required setbacks. Architectural features such as balconies, bay windows, and awnings may project up to six feet over the property line, if located at least 10 feet above sidewalk grade. d.
The depth of ground floor commercial space shall be sufficient to encourage small scale, or larger, commercial retail tenancies. Smaller tenant spaces, including pop-up stores and mini-shops, may be approved in certain locations, such as on side streets or garage frontages.
e.
No street-facing walls may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. The maximum length of the blank wall may be 30 feet for retail establishments with a gross floor area of 25,000 square feet or greater, as shown in Figure 2-1.F.
(Image not reproduced in this text.)
Figure 2-1.F
f.
Franchise architecture that is generic in nature, intended to be repeated on a mass-scale throughout a large region without consideration of and adaptation to local visual or cultural context, is prohibited unless doing so would violate State or Federal law.
(Ord. 2020-014 § 12; Ord. 2021-012 § 14)¶
The standards of this section are intended to support a diverse mix of high density residential, hotel, office, and retail uses and maintain a vibrant and activity generating specialty shopping district. See also the General Plan and Section 4.10 (North Santa Rosa Station Area Specific Plan) of the City's Design Guidelines.
A.
Height limit. All new development within this area is required to be a minimum of two stories.
B.
Site design, hours of operation. Site design and hours of operation shall be as determined by the review authority to be compatible with surrounding neighborhood uses.
C.
Ground floor uses. Require activity generating uses such as retail at the street level.
(Ord. 3950 § 11, 2010; Ord. 3992 § 2, 2012; Ord. 2020-014 § 13)
A.
Mixed use development required. Each new development shall be a mixed use project involving commercial uses with a residential component in compliance with the residential density requirements of the CSC zoning district in Table 2-7.
B.
Changes at existing Community Shopping Centers:
1.
Minor repairs or reconstruction of an existing commercial structure or center does not trigger the residential requirement.
2.
When a significant addition or reconstruction is proposed, commercial development is required to include a residential component. However, single-use projects may be considered through the Design Review process provided that it is demonstrated through site planning that a well integrated mix of commercial and residential uses is not precluded by the single-use project design.
C.
All new development shall demonstrate pedestrian orientation. Residential uses may be either vertically or horizontally integrated with the nonresidential uses.
(Ord. 3987 § 5, 2012)
Nuisance factors, including noise, odors, fumes, dust, dirt, litter, vibrations, etc.¶
| TABLE 2-10 Allowed Land Uses and Permit Requirements for Industrial Districts* |
P | Permitted Use, Zoning Clearance required | Permitted Use, Zoning Clearance required | Permitted Use, Zoning Clearance required |
|---|---|---|---|---|
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING | ||||
| Agricultural product processing | — | — | P (3) | |
| Artisan/ |
P | P | P | |
| Brewery—Brew pub | P | CUP | — | |
| Brewery—Production | P | P | P | |
| Cannabis—Commercial cultivation—up to 5,000 sq ft |
— | MUP | MUP | 20-46 |
| Cannabis—Commercial cultivation— 5,001 sq ft or greater |
— | CUP | CUP | 20-46 |
| Cannabis—Distribution | MUP (4) | P (3) | P (3) | 20-46 |
| Cannabis—Manufacturing level 1 (non- volatile) |
P (3) | P (3) | P (3) | 20-46 |
| Cannabis—Manufacturing level 2 (volatile) |
— | CUP | CUP | 20-46 |
| Cannabis—Microbusiness | — | CUP | CUP | 20-46 |
| Cannabis—Testing laboratory | P | P | P | 20-46 |
| Furniture/ cabinet shops |
— | P (3) | P (3) | |
| Laboratory—Medical, analytical | P | P | — | |
| Laundry, dry cleaning plant | — | MUP | P | |
| Manufacturing/ |
— | — | MUP | |
| Manufacturing/ |
P (3) | P (3) | P (3) | |
| Manufacturing/ |
— | MUP | MUP | |
| Media Production—Backlots/ Facilities |
MUP | P (3) | P (3) | |
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| Media production—Indoor Support Facilities |
P | P (3) | P (3) | |
| Media Production—Soundstages | P | P (3) | P (3) | |
| Petroleum product storage and distribution |
— | — | MUP | |
| Printing and publishing | P (3) | P (3) | P | |
| Recycling—Large collection facility | — | — | MUP | 20-42.120 |
| Recycling—Processing facility | — | — | MUP | 20-42.120 |
| Recycling—Reverse vending machines | P | P | P (3) | 20-42.120 |
| Recycling—Scrap or dismantling yard | — | — | MUP | 20-42.120 |
| Recycling—Small collection facility | MUP | MUP | MUP | 20-42.120 |
| Research and development | P | P | MUP | |
| Storage—Accessory | P | P | P (3) | |
| Storage—Contractor's yard | — | MUP | MUP | |
| Storage—Open during extended or transitional hours |
— | MUP | MUP | |
| Storage—Outdoor | — | MUP | MUP | 20-42.170 |
| Storage—Personal storage facility | — | P (3) | P (3) | 20-42.180 |
| Warehouse, wholesaling and distribution |
MUP (4) | P (3) | P (3) | |
| Winery—Boutique | P | P | P | |
| Winery—Production | P | P | P | |
| RECREATION, EDUCATION & PUBLIC ASSEMBLY USES | ||||
| Adult entertainment business | CUP | CUP | CUP | 20-40 |
| Commercial recreation facility—Indoor | MUP | P | P | |
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| Commercial recreation facility— Outdoor |
— | MUP | — | |
| Community garden (6) | P | P | P | |
| Conference/ |
MUP (4) | MUP | — | |
| Health/ |
MUP | MUP | — | |
| Health/ |
MUP | MUP | — | |
| Meeting facility, public or private | MUP | MUP | — | |
| School, public or private | MUP | MUP | MUP | |
| Sports and entertainment assembly facility |
— | CUP | — | |
| Studio—Art, dance, martial arts, music, etc. |
MUP | MUP | — | |
| Theater, auditorium | — | CUP | — | |
| RESIDENTIAL USES (See Section 20-28.080, Senior Housing (-SH) requirements regarding proposed senior housing developments) |
combining district, for specific | |||
| Accessory dwelling unit | P (4) | — | — | 20-42.130 |
| Animal keeping—Domestic and exotic | S | S | S | 20-42.040 |
| Caretaker unit | MUP (4) | MUP (4) | MUP (4) | |
| Community care facilities—6 or fewer clients (12) |
P | P | P | |
| Community care facilities—7 or more clients (12) |
MUP | MUP | MUP | |
| Duplex (10) | CUP (4) (9) | — | — | |
| Emergency shelter (10) | CUP (9) | CUP (9) | CUP (9) | |
| Half-Plex (10) | CUP (4) (9) | — | — | |
| Home occupation | S | — | — | 20-42.070 |
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| Junior accessory dwelling unit | P (4) | — | — | 20-42.130 |
| Live/work | MUP | — | — | 20-42.080 |
| Mixed use project | MUP | — | — | |
| Mobile home/ (10) |
CUP (4) (9) | — | — | 20-42.094 |
| Multi-family dwellings (10) | CUP (4) (9) | — | — | |
| Organizational house | CUP (4) | — | — | |
| Residential accessory uses and structures |
P (4) | — | — | |
| Single-family attached (10) | CUP (4) (9) | — | — | |
| Single-family detached (10) | CUP (4) (9) | — | — | |
| Supportive housing (8) | P | — | — | |
| Transitional housing | CUP | CUP | CUP | |
| Work/live | MUP | MUP | MUP | 20-42.080 |
| RETAIL TRADE | ||||
| Accessory retail | P (4) | P | P | 20-42.024 |
| Alcoholic beverage sales | — | CUP | — | 20-42.034 |
| Auto and vehicle sales and rental | — | MUP | — | |
| Bar/tavern | — | CUP | — | |
| Building and landscape materials sales — Indoor |
— | P | MUP | |
| Building and landscape materials sales — Outdoor |
— | MUP | MUP | |
| Cannabis—Retail (dispensary) and delivery |
CUP (7) | CUP (7) | CUP (7) | 20-46 |
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| Construction and heavy equipment sales and rental |
— | MUP | MUP | |
| Farm supply and feed store | — | P | MUP | |
| Fuel dealer (propane for home and farm use, etc.) |
— | — | MUP | |
| Gas station | — | — | — | |
| Mobile Food Vending Facility | MUP | MUP | MUP | 20-42.210 |
| Neighborhood center | MUP (5) | MUP (5) | CUP (5) | |
| Night club | — | CUP | — | |
| Office supporting retail | P | — | — | |
| Restaurant, cafe, coffee shop— Counter ordering |
P (4) | P | CUP | |
| Restaurant, cafe, coffee shop— Outdoor dining |
MUP (4) | MUP | CUP | |
| Restaurant, cafe, coffee shop—Serving alcohol (no bar) |
P (4) | P | CUP | |
| Restaurant, cafe, coffee shop—Table service |
P (4) | P | CUP | |
| Warehouse retail | CUP (4) | CUP | CUP | |
| SERVICES—BUSINESS, FINANCIAL, PROFESSIONAL | ||||
| ATM | P | P | — | 20-42.044 |
| Bank, financial services | P | — | — | |
| Business support service | P | P | MUP | |
| Medical service—Clinic, urgent care | P | MUP | — | |
| Medical service—Doctor office | P | — | — | |
| Medical service—Health care facility | MUP | — | — | 20-42.060 |
| MUP | Minor Conditional Use Permit required | |||
| CUP | Conditional Use Permit required | |||
| S | See Specific Use Regulations for requirement | |||
| — | Use not allowed | |||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | ||
| BP | IL | IG | Regulations | |
| Medical service—Integrated medical health center |
P | MUP | — | |
| Medical service—Lab | P | MUP | — | |
| Medical service—Veterinary clinic, animal hospital |
— | MUP | MUP | |
| Office—Accessory | P | P | P (3) | |
| Office—Business/ |
P | — | — | |
| Office—Government | P | — | — | |
| Office—Processing | MUP | — | — | |
| Office—Professional | P | — | — | |
| SERVICES—GENERAL | ||||
| Accessory services | P (4) | P | MUP | 20-42.024 |
| Catering service | — | P | P | |
| Child day care—Large family day care home (11) |
P | P | P | 20-42.050 |
| Child day care—Small family day care home (11) |
P | P | P | 20-42.050 |
| Child day care center | P | P | — | 20-42.050 |
| Commissary (13) | P | P | P | |
| Equipment rental | — | P (3) | P (3) | |
| Extended hours of operation (11:00 p.m. to 6:00 a.m.) |
MUP | MUP | MUP | |
| Kennel, animal boarding | — | MUP | MUP | |
| Lodging—Hotel or motel | CUP (4) | — | — | |
| Maintenance service—Client site services |
MUP | P | P |
| TABLE 2-10 Allowed Land Uses and Permit Requirements for Industrial Districts* |
TABLE 2-10 Allowed Land Uses and Permit Requirements for Industrial Districts* |
TABLE 2-10 Allowed Land Uses and Permit Requirements for Industrial Districts* |
TABLE 2-10 Allowed Land Uses and Permit Requirements for Industrial Districts* |
P | P | Permitted Use, Zoning Clearance required | Permitted Use, Zoning Clearance required | Permitted Use, Zoning Clearance required | Permitted Use, Zoning Clearance required |
|---|---|---|---|---|---|---|---|---|---|
| MUP | Minor Conditional Use Permit required | ||||||||
| CUP | Conditional Use Permit required | ||||||||
| S | See Specific Use Regulations for requirement | ||||||||
| — | Use not allowed | ||||||||
| LAND USE (1) | PERMIT REQUIRED BY ZONE (2) | Specific Use | |||||||
| BP | IL | IG | Regulations | ||||||
| Massage related uses | P | P | — | 20-49 | |||||
| Personal services | P | MUP | — | ||||||
| Public safety facility | MUP (2) | MUP | MUP | ||||||
| Repair service—Equipment, large appliances, etc. |
— | MUP | P (3) | ||||||
| Vehicle services—Major repair/ work |
— | MUP | P (3) | ||||||
| Vehicle services—Minor maintenance/ |
— | P | P (3) | ||||||
| TRANSPORTATION, COMMUNICATIONS & | INFRASTRUCTURE | ||||||||
| Broadcasting studio | P | P | P | ||||||
| Electronic vehicle supply equipment (EVSE)—Accessory |
P | P | P | ||||||
| Electronic vehicle supply equipment (EVSE)—Primary |
MUP | MUP | MUP | ||||||
| Parking facility, public or commercial | — | — | MUP | ||||||
| Taxi or limousine dispatch facility | — | MUP | MUP (3) | ||||||
| Telecommunications facilities | S | S | S | 20-44 | |||||
| Truck or freight terminal | — | MUP | MUP (3) | ||||||
| Utility facility | — | P (3) | P (3) | ||||||
| Utility infrastructure | P (3) | P (3) | P (3) | ||||||
| Vehicle storage | — | MUP | P (3) | ||||||
| Key to Zoning District Symbols | |||||||||
| BP | Business Park | IL | Light Industrial | IG | General Industrial | ||||
| Notes: | |||||||||
| (1) | See Division 7 for land use definitions. |
| (2) | The reoccupancy of a building with an allowable use that is similar to or less intense than the former use may be permitted without MUP or CUP approval. See Section 20-24.030.B. |
|---|---|
| (3) | MUP required if the use, specific suite, or its associated operations abuts a residential zoning district or parcel with a residential use. |
| (4) | Use only allowed if ancillary and related to a primary or dominant use. |
| (5) | Allowed in any industrial district where the review authority first determines that a need exists, and that the proposed business will be economically viable. |
| (6) | A community garden is allowed on the same property as an existing permitted meeting facility provided that the establishment of the garden does not trigger a grading permit or affect the operation and design of the meeting facility. |
| (7) | Subject to a 600-foot minimum setback requirement to a "school," as defined by the Health and Safety Code Section 11362.768.In addition, a cannabis retail use shall not be established within 600 feet of any other cannabis retail use established within and permitted by the City of Santa Rosa. |
| (8) | Supportive housing is allowed only when the proposed use meets each of the requirements of Assembly Bill 2162, as specified in Government Code Section 65651. |
| (9) | Permitted with a Minor Conditional Use Permit within any of the City's Priority Development Areas. |
| (10) | Permitted with a Minor Conditional Use Permit within any nonresidential Planned Development within any of the City's Priority Development Areas. |
| (11) | Permitted by right within any Planned Development. |
| (12) | Permitted by right within any nonresidential Planned Development within any of the City's Priority Development Areas. |
| (13) | Any Commercial Kitchen, including restaurants, can operate as a Commissary, as long as the Commercial Kitchen is licensed by Sonoma County Environmental Health and the City has permitted the Commercial Kitchen. |
| (Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3766 § 1 Exh. A, 2006; Ord. 3820 § 1, 2007; Ord. 3889 § 2, 2008; Ord. 3968 § 4, 2011; Ord. 3981 § 2, 2012; Ord. 3995 § 5, 2012; Ord. 3997 § 4, 2012; Ord. 4001 § 4, 2012; Ord. 4002 § 4, 2012; Ord. 4042 § 2, 2015; Ord. 2017-024 § 3; Ord. 2017-025 § 4; Ord. 2018- 012 § 3; Ord. 2020-001 § 5; Ord. 2021-012 § 15; Ord. 2022-010 § 3; Ord. 2024-012,11/19/2024; Ord. 2025- 004,3/18/2025; Ord. 2025-005,3/18/2025; Ord. 2025-014,11/18/2025) A. |
General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2- 11, in addition to any other applicable requirements of this Division, and the development standards (e.g., landscaping, parking and loading, etc.) in Division 3 of this Zoning Code. B.
Design Guidelines. See Section 3.4 (Business and Light Industrial Parks and Buildings) in the City's Design Guidelines.
| TABLE 2-11—INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS | ||||
|---|---|---|---|---|
| Development Feature | Requirement by Zoning District | |||
| BP | IL | IG | ||
| Minimum lot size | Minimum area and width for parcels proposed in new | subdivisions. | ||
| Area | 20,000 sf | Determined by CUP (1) | None required (1) | |
| Dimensions | None required (1) | |||
| Residential density | Maximum number of dwelling units allowed on a parcel. The actual number of units will be determined by the City through subdivision or land use permit approval. |
|||
| Maximum density | Determined by review authority | |||
| Setbacks(1) | Minimum setbacks required. See Section 20-30.110 for setback measurement instructions. |
|||
| Front | 7.5 ft adjacent to a residential zone or use; set by CUP approval elsewhere (2) | |||
| Side—Interior (each) | 5 ft adjacent to a residential zone or use; set by CUP approval elsewhere (2) | |||
| Side—Corner | ||||
| Rear | 10 ft adjacent to a residential zone or use; none required elsewhere. | |||
| Lot coverage(1) | Maximum percentage of total lot area that may be covered by structures. | |||
| Determined by CUP | 85% | |||
| Height limit | Maximum allowable height of structures. See Section 20-30.070 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. |
|||
| 55 ft; or greater or lesser height as approved or required by CUP |
55 ft | |||
| Landscaping | See Chapter 20-36 (Landscaping Standards) |
|||
| Parking | See Chapter 20-38 (Parking and Loading) |
|||
| Signs | See Chapter 20-38 (Signs) |
|||
| Notes: | ||||
| (1) | Subdivision or Conditional Use Permit approval may establish specific requirements for minimum lot area, maximum lot coverage, setbacks, and/ surroundings, environmental constraints, and/ |
|||
| (2) | The Design Review process may require larger setbacks. | |||
| (Ord. | 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005) |
Within the BP (Business Park) zoning district, the approval of a Conditional Use Permit or a Minor Conditional Use Permit for a land use listed by Table 2-10 in the Retail, or Services—General use groups shall require
that the review authority first find that the approval of the use will not significantly reduce the City's inventory of land available for manufacturing and processing uses.
(Ord. 3677 § 1, 2004)
Notes:¶
(1) Subdivision or Conditional Use Permit approval may establish specific requirements for minimum lot area and/or dimensions based on the characteristics of the site or surroundings, environmental constraints, and/or other issues.
(2) The Design Review process may require larger setbacks.
(3) Each PI zoning district development standard may be reduced by Conditional Use Permit approval based upon the project's appropriateness of location, accessibility, traffic impacts, existing site conditions, design compatibility with adjacent land uses, natural and built constraints, and other potential community impacts.
(Ord. 3677 § 1, 2004)
A.
Requirements for rezoning. A rezoning of property to the OSC zoning district in compliance with Chapter 2050 (General Plan, Zoning Map, and Zoning Code Amendments) shall be subject to the following requirements.
1.
Eligible sites. The OSC district may be applied to:
a.
An area designated as Open Space or Low Density/Open Space in the General Plan;
b.
A site with special open space areas such as creeks, hillsides, ridges, wetlands, or other areas as described in the purpose statement for the OSC zoning district in Section 20-26.010;
c.
A site that contains, or is thought to contain, natural resources or natural hazards. If important natural resources or natural hazards are demonstrated not to exist on the parcel, a property owner may request a rezoning to an appropriate zoning district consistent with the underlying land use designation of the General Plan; or
d.
A site for which development potential no longer is attached to the land.
2.
Application requirements. The application for rezoning shall include a map of existing land uses within 300 feet of the site, in addition to the information and materials normally required by the Department for a rezoning application.
(Ord. 3677 § 1, 2004)
A.
Requirements for rezoning. A rezoning of property to the PD zoning district in compliance with Chapter 20-50 (Permit Application Filing and Processing) shall be subject to the following requirements, including the concurrent filing and approval of a Development Plan and Policy Statement.
1.
Minimum site area for rezoning. The site proposed for rezoning to the PD district shall be a minimum of 15 acres.
2.
Application requirements. The application for rezoning shall include the following information and materials, in addition to those normally required by the Department for a rezoning application.
a.
Project description. A written and/or diagrammatic project description that provides sufficient information to evaluate the merits of the proposed zoning, including a statement of how proposed Residential development will comply with the City's affordable housing and growth management requirements.
b.
Site features map. A site features map depicting the existing topography, structures and natural features including areas of significant vegetation. Properties within 300 feet of the site shall be included on the site features map.
c.
Infrastructure. A description of the infrastructure necessary for each phase of the proposed project. d.
Policy Statement. A Policy Statement that provides the following information for each land use area proposed in the Development Plan, organized and formatted as required by the Department:
(1)
Permitted uses, allowable accessory uses, and uses allowed with Conditional Use Permit approval;
(2)
Subdivision regulations including minimum lot area and dimension requirements;
(3)
Site planning and development regulations establishing maximum densities, setback and building height requirements for primary and accessory structures, site coverage limits (including paved areas, except for those on single-family detached residential lots), and parking requirements; and
(4)
Design guidelines.
e.
Development Plan. A Development Plan that identifies the following, consistent with the Policy Statement:
(1)
The location of each land use area proposed within the site, including any proposed open space and common areas;
(2)
Major circulation features within the development; and
(3)
Site features affecting site development, including site features to be preserved in their natural state, or modified as specified by the Development Plan.
3.
Design Review and Preservation Board review and recommendation. Prior to a hearing by the Commission on a rezoning to the PD zoning district, the proposed Policy Statement and Development Plan shall be reviewed by the:
a.
Design Review and Preservation Board (DRPB), who shall recommend to the Commission whether the project will comply with the findings required by Subsection A.4.b and the City's Design Guidelines; and b.
The Community Development Advisory Committee (DAC), in the case of a Policy Statement and Development Plan that involves the proposed subdivision of the site.
The comments and recommendations of the DRPB and/or DAC, as applicable, shall be forwarded to the Commission.
4.
Commission review and decision. In establishing the PD district, the Commission shall hold a public hearing on the proposed Policy Statement and Development Plan at the same time as the hearing required for the rezoning by Chapter 20-66.
a.
After the hearing, the Commission may recommend Council approval of the Policy Statement, development Plan, and rezoning, or approval subject to conditions and/or modifications, or the Commission may deny the application. A Commission denial shall be final unless appealed to the Council.
b.
The Commission may recommendation approval or conditional approval if it first finds that the proposed PD district will promote development of a distinctive project of the highest quality as evidenced by specific findings which may include the following:
(1)
Preservation of natural amenities including creeks, hillsides and significant vegetation;
(2)
The creation of new amenities such as recreational and/or community facilities;
(3)
Diversity in the proposed mix of housing types and densities;
(4)
Development regulations that will ensure a superior relationship among uses within the district as well as those surrounding the district;
(5)
Preservation and protection of the quality of living for areas surrounding the proposed planned community; and
(6)
Accommodation of non-auto oriented modes of transportation including pedestrian walkways, bicycle paths and transit routes/stops.
(7)
Other project features that the Planning Commission believes should be acknowledged.
5.
Council review and decision. Upon receipt of a Commission recommendation for approval, or approval subject to conditions and/or modifications, the Council shall hold a public hearing on the zoning application, including the proposed Policy Statement and Development Plan. Following the public hearing, the Council shall either adopt an ordinance changing the zoning on the site to the PD district, and approve the Policy Statement and Development Plan subject to conditions and/or modifications as the Council deems appropriate, or the Council may deny the application.
B.
Effect of Policy Statement and Development Plan. All proposed development and new land uses within a PD district shall comply with the approved Policy Statement and Development Plan. In the event an inconsistency is found between the Policy Statement and Development Plan, the regulations established in the Policy Statement shall govern development of the site. A request to modify, change or revise any
approved Development Plan or Policy Statement shall be processed in the same manner as any other zone change application.
C.
Allowable land uses. Allowable land uses within the PD district shall be limited to those identified in the adopted Policy Statement or Development Plan. The uses authorized by the City through the approval of a
Policy Statement and Development Plan shall be limited to those that are consistent with the General Plan land use classification applicable to the site. Animal keeping shall comply with Section 20-42.040 unless the Policy Statement allows for different uses in which case the least restrictive regulations would apply. Where a Policy Statement or Development Plan does not include a list of allowable land uses, the most similar standard zoning district and its list of allowable land uses shall apply.
D.
Land use permit requirements. The adopted Policy Statement or Development Plan shall specify whether each allowable use is permitted, or requires Minor Use Permit, or Conditional Use Permit approval; except that the re-occupancy of an existing building with a use permitted in the Policy Statement or Development Plan that is similar or less intense than the previous approved use of the building shall be permitted, as determined by the Director. The Director's determination shall be based on criteria including the following:
1.
Pedestrian and vehicular traffic;
2.
Parking requirements;
3.
Number of employees/clients;
4.
Nuisance factors including noise, odors, fumes, dust, dirt, litter, vibrations, etc.; and
5.
The consistency of the proposed use with the other permitted uses identified in the Policy Statement or development Plan.
E.
Site planning and development standards. Proposed development shall occur, and new land uses shall be established on a site within the PD zoning district only in compliance with the development standards (e.g., minimum parcel size, building site area, lot coverage, setbacks, height limits, parking requirements, open space requirements, etc.) identified by the approved Policy Statement and Development Plan.
1.
Setback requirements. Unless specifically stated in the Policy Statement or Development Plan, single-family dwellings shall comply with the following setback requirements.
a.
Front yard setback: 15 feet, except that garages and carports opening onto a street shall have a minimum distance of 19 feet between the opening and the rear of a public sidewalk or 19 feet from property line or adopted plan line, whichever is greater, except that detached accessory buildings shall have a 50-foot front yard.
b.
Side yard setback: five feet, except that:
(1)
Two story portions of the structure shall be set back 10 feet; and
(2)
When the street side lot line of a corner lot is the continuation of the front lot line of an adjacent lot, portions of a single-family dwelling located within the rear 20 feet of the corner lot shall be set back a minimum of 15 feet from the street side lot line.
c.
Rear yard setback: five feet.
Allowable variation of standards with rezoning to PD. In considering a proposed Development Plan and Policy Statement, the Commission and Council may require higher standards or allow different standards for the PD district than are required by other residential zoning districts with respect to density, uses, heights, parking, traffic circulation, landscaping, lot sizes, and other standards, provided that the modified standards, requirements and regulations are consistent with the General Plan.
F.
Minor modifications. Minor modifications to an approved PD project that do not increase approved density, change approved uses, or substantially change the approved Policy Statement or Development Plan may be authorized through Minor Use Permit approval.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3994 § 3, 2012; Ord. 3995 § 6, 2012; Ord. 2025-003, 2/25/2025)
Types of buildings.¶
• Predominantly one-story (especially on the north side of Lincoln Street). • Two- and three-story. • Predominantly single-story houses. • Small apartment buildings. • Small-scale commercial buildings. • Church. • St. Rose School Building Materials.
c.
Building materials.
| • | Predominantly wood siding.. |
|---|---|
| • | Stucco. |
d.
Neighborhood elements.
• Narrow, deep lots (typically 50 feet x 100-120 feet), with the exception of the lots on the north side of Lincoln Street, which are shallow. • A mix of large and small houses. • Front yard fences. • Sidewalks with planter strips.
I.
Cherry Street Preservation District.
1.
Designation. The Cherry Street Preservation District was designated by the City Council on March 24, 1992 (Resolution #20725) after recommendation by the Cultural Heritage Board on January 8, 1992 (Resolution #0039).
2.
Boundaries. The Cherry Street Preservation District is bounded by Cherry Street (properties on both sides) on the north; 7th Street on the south; west of "E" Street on the east; and Riley Street and east of Mendocino Avenue on the west. See Figure 2-5.
(Image not reproduced in this text.)
Figure 2-5—Cherry Street Preservation District
3.
Context statement. The Cherry Street Preservation District is significant for its architecture as a cross section of Santa Rosa's residential building types between 1870 and 1946. In addition to the many examples of modest 19th and 20th century dwellings, there are a large number of Victorian era mansions scattered throughout the district. Some institutional and commercial uses are found here as well. The Cherry Street District reflects the kind of diversity often found in older portions of American towns. The district derives additional significance from being the home of many early Santa Rosa leaders of commerce, government, religion and education.
The Cherry Street District is one of the oldest neighborhoods in Santa Rosa and contains the highest concentration of 19th century buildings in the City. Particularly noteworthy are the remaining Queen Anne and Stick style mansions scattered throughout the neighborhood. The district also contains fine examples of early 20th century dwellings, although these usually are of a more modest scale than their Victorian counterparts.
For the district as a whole, the integrity is above average. Relatively little large scale exterior remodeling has occurred over the years and most structures retain stylistic elements appropriate to their dates of construction. The structural condition of most buildings appears quite sound. Cherry Street itself, the centerpiece of the neighborhood, is four blocks long and is contained entirely within the confines of the district. The irregular street pattern of the neighborhood results from conflicting grids. The grid along 7th Street follows the original downtown grid system laid out parallel to Santa Rosa Creek.
4.
Period of significance. 1870 to 1946.
5.
District character. The Cherry Street Preservation District is predominately made up of single-family homes and showcases a range of architectural styles. Generally, the homes in the Cherry Street District are one- or two-story and sited on original 50-foot by 100-or 150-foot lots, with lawns and mature landscaping surround
the houses. Many of the larger trees in the neighborhood were planted at the time of house construction and contribute to the neighborhood character.
Cherry Street itself is the spine of the district. The district's larger homes are located on Cherry Street and the properties on the north side are alley loaded. Many of the homes on Cherry Street appear taller than more contemporary two stories due to attic space.
Defined front entries with orientation to the street are typical. Front setbacks are 15 to 20 feet with some variation on each block face, and five-foot side yard setbacks are typical. The majority of the houses are wood framed with clap board, shiplap, and shingle exteriors. Some examples of stucco are found throughout the district. Steep pitched roofs and basements are also common features of existing single-family dwellings. There are many examples of historic double-hung wood sash windows, found both as singles and in pairs. Detached garages are located on rear and/or side property lines with narrow driveway access. Generally, accessory structures are single story, although some examples of two stories with second units above the garage are found.
Character defining elements.
a.
Architectural styles.
| • | Art Moderne. |
|---|---|
| • | Beaux Arts. |
| • | Bungalows. |
| • | Colonial Revival. |
| • | Craftsman. |
| • | Gothic Revival. |
| • | Greek Revival. |
| • | Italianate. |
| • | Mediterranean Revival. |
| • | Prairie School. |
| • | Provincial. |
| • | Queen Anne. |
| • | Shingle. |
| • | Stick-Estate. |
b.
Building materials.¶
• Predominantly wood siding. • Stucco.
c.
Building heights.
• Predominantly single-story.
• Two-story.
d.
Neighborhood elements.
| • | Narrow but deep lots (typically 50 feet x 100-150 feet). |
|---|---|
| • | Less than 40 percent lot coverage. |
| • | Both large and small houses. |
| • | Entry doors face the street. |
| • | Alleys. |
| • | Lawns. |
| • | Front yard fences. |
| • | Narrow streets. |
| • | Traditional light standards. |
J.
Olive Park Preservation District.
1.
Designation. The Olive Park Preservation District was designated by the City Council on July 11, 1995 (Resolution #22328) after recommendation by the Cultural Heritage Board on May 24, 1995 (Resolution #0057).
2.
Boundaries. Olive Park Preservation District is bounded by Buckingham Drive and Santa Rosa Creek on the north; State Highway 12 freeway on the south; U.S. Highway 101 freeway on the east; and the alley between Chestnut Street and Olive Street on the west. See Figure 2-6.
(Image not reproduced in this text.)
Figure 2-6—Olive Park Preservation District
3.
Context statement. The Olive Park District is a homogeneous group of 43 residential properties and a park, and is significant as an example of Santa Rosa's residential context. The District demonstrates the housing chosen by middle-class shopkeepers and craftsmen in the early 20th century. Early residents included proprietors of a furniture store, liquor stores, gas stations, plumbing shops, an auto repair shop, a photographer, and a general contractor; as well as various craftsmen. The district also displays strong family ties to the neighborhood. The historic houses are remarkably intact and represent a fine collection of turn-ofthe century styles. The feeling of a historic neighborhood is very strong here. The public park is one of Santa Rosa's oldest.
4.
Period of significance. 1891 to 1926.
5.
District character. Olive Park Preservation District is a quiet residential enclave bordered by bustling downtown and at the intersection of Highway 12 and Highway 101. There are a variety of architectural styles found in the District, most of which remain remarkably intact, and no two homes are alike.
Character defining elements.
a.
Architectural styles.
| • | Bungalows. |
|---|---|
| • | Colonial Revival. |
| • | Craftsman. |
| • | Hipped-roof boxes. |
| • | Prairie School. |
| • | Queen Anne. |
b.
Types of buildings.¶
• Predominantly one-story (some have a raised basement resulting in a taller, still single-story profile). • Two-story • Single-family houses. • Small apartment buildings.
c.
Types of building materials.
| • | Predominantly wood siding (narrow clapboards, rustic, shingles). |
|---|---|
| • | Stucco. |
| • | Generally double-hung wood windows. |
d.
Neighborhood elements.
| • | Narrow but deep lots (typically 50 feet x 134 feet). |
|---|---|
| • | Medium and small houses. |
| • | Tree lined streets. |
| • | Olive Park. |
| • | Yard area is all four sides. |
| • | Most houses have front porches oriented towards the street. |
| • | Front setbacks are generally consistent on any one block. |
| • | Parking is generally limited to one single-car, detached garage at the rear of the property. |
| • | Garages are generally accessed from the alleyway. |
K.
Burbank Gardens Preservation District.
1.
Designation. The Burbank Gardens Preservation District was designated by the City Council on March 25, 2003 (Resolution #25606) with recommendation of the Cultural Heritage Board on January 22, 2003 (Resolution #145).
Boundaries. The Burbank Gardens Preservation District is bounded by Sonoma Avenue and Tupper Street (east of Hendley Street) to the north, Santa Rosa Avenue to the west, Maple Street to the south, and South E Street on the east. See Figure 2-7.
(Image not reproduced in this text.)
Figure 2-7—Burbank Gardens Preservation District
3.
Context statement. The Burbank Gardens Preservation District is significant in the context of the residential development of Santa Rosa. The district includes the small Riverside (1904), Freeman (1875), and Tupper (1873) additions and the larger Wheeler (1875) addition south of Charles Street. The name Burbank Gardens comes from Luther Burbank's home and gardens located in the northwest corner of the district (a City Park and local landmark, and listed on both the State and National Registers), which served as the focal point for the area's residential development between 1875 to 1903. Some of the lots on Tupper Street, closest to the Burbank House, are said to be on former Burbank property, developed by Burbank or his widow.
An 1896 Directory lists 11 residences including that of Luther Burbank. By 1903, 15 residences were listed and in six years the total had doubled to 30. Many of the early houses are found in the area of Burbank's home and gardens. Early residents included a nurseryman, railroad men, carpenters, and a paper hanger. Houses built in the northern section include examples of single-story with raised basements, reflecting not only the architectural style of the time but also their proximity to the flooding creek.
The southern section has many cottages and bungalows, all built in a modest scale.
4.
Period of significance. 1875 to 1940s.
5.
District character. The Burbank Gardens Preservation District is a fairly homogenous district of small singlefamily homes, predominately Bungalows representing the bulk of development that occurred in the 1920s and 1930s with a mix of other architectural as shown below, as well as some duplexes, apartment buildings, small commercial buildings and Burbank Home and Gardens.
Houses are generally single-story with some exceptions found in the northern portion of the district, closer to Santa Rosa Creek. Architectural detailing is minimal and simple. Double hung wood windows are common. Typical lots are narrow, generally measuring 40 to 50 feet. Houses generally follow a similar front setback on any given block face and front stoops or small porches create clearly defined entries with orientation to the
street. Front yard fencing is generally three-foot tall picket fencing if any at all. Small front yards include informal landscaping. Single car garages are located at the rear of property, often on a side property line with narrow driveway access.
Although some houses are found on Santa Rosa Avenue, in general the character along this outer edge of the district is different. Most district properties along Santa Rosa Avenue are considered noncontributing properties, although two National Register properties (Luther Burbank Home and Gardens and Park Apartments) are found along this strip.
6.
Character defining elements.
a.
Architectural styles.
| • | Bungalow. |
|---|---|
| • | Colonial Revival. |
| • | Italianate. |
| • | Period Revival. |
| • | Queen Anne. |
b.
Building materials.
• Predominantly wood siding (shingle, shiplap, and clapboard). • Stucco. c. Building height. • Predominantly single-story. • Two-story.
d.
Neighborhood elements.
| • | Narrow lots (typically 40 feet wide). |
|---|---|
| • | Small houses, predominantly Bungalow-style. |
| • | Interior courtyards for multifamily. |
| • | Open lawns. |
| • | Narrow streets. |
| • | Parks. |
L.
Ridgway Preservation District.
1.
Designation. The Ridgway Preservation District was designated by the City Council on March 6, 2007 (Resolution #3818) with recommendation of the Cultural Heritage Board on November 15, 2006 (Resolution #0225).
2.
Boundaries. The Ridgway Preservation District is bounded by Ridgway Avenue on the north; College Avenue on the south; Mendocino Avenue on the east; and U.S. Highway 101 freeway on the west. See Figure 2-8.
(Image not reproduced in this text.)
Figure 2-8—Ridgway Preservation District
Context statement. Architecturally, the Ridgway Preservation District provides a panoramic view of historic progression of building styles. The District has some particularly good examples of modest, well-designed 1920s residences as well as newer dwellings constructed in the 1930s, 1940s and even the 1950s. The District encompasses an architectural time span of Santa Rosa starting with early hip roof residences, through to the Spanish or Mission Revival homes, which are found in the northeast section. Much of the early construction done in the district was the work of Roberts and Simpson who worked locally as contractors and carpenters. A number of the larger homes within the area were converted to multiple living units, probably during World War II.
There are two particularly distinctive structures on Mendocino Avenue, both designed by Petaluma architect Brainerd Jones. One is the Belvedere, a late Queen Anne built for W. H. Lumsden, now an excellent example of adaptive re-use that retains the integrity of its design both inside and out. The other is the Oates/Comstock residence, an outstanding Shingle Style house with Colonial Revival elements. 4.
Period of significance. Not identified.
5.
District character. Not identified.
6.
Character defining elements.
a.
Architectural styles.
| • | Hip Roof. |
|---|---|
| • | Spanish Revival. |
| • | Mission Revival. |
| • | Queen Anne. |
b.
Building materials.
• Predominantly wood siding (shingle, shiplap, and clapboard). • Stucco.
c.
Building height.¶
• Predominantly single-story. • Two-story.
d.
Neighborhood elements.
| • | Narrow lots (typically 40 feet wide). |
|---|---|
| • | Small houses, predominantly Bungalow-style. |
| • | Interior courtyards for multifamily. |
| • | Open lawns. |
| • | Narrow streets. |
• Parks.
M.
McDonald Avenue Preservation District.
1.
Designation. The McDonald Avenue Preservation District was designated a local district by the City Council on November 3, 1998 (Resolution #23742) after receiving recommendation from the Cultural Heritage Board on September 23, 1998 (Resolution #0087).
2.
Boundaries. The McDonald Avenue Preservation District is located in the northeast quadrant of the City and bounded by Franklin and Pacific Avenues to the north, College Avenue and Fourth Street to the south, St. Helena Avenue to the east and Monroe and Stewart Streets on the west. See Figure 2-9.
(Image not reproduced in this text.)
Figure 2-9—McDonald Avenue
Preservation District
Context statement.
4.
Period of significance. 1878 to 1940.
5.
District character.
6.
Character defining elements.
a.
Architectural styles.
| • | Bungalow. |
|---|---|
| • | Colonial Revival. |
| • | Craftsman. |
| • | English Cottage. |
| • | Greek Revival. |
| • | Hip-roofed Cottage. |
| • | Italianate. |
| • | Mediterranean Revival. |
| • | Period Revival. |
| • | Prairie School. |
| • | Provincial. |
| • | Queen Anne. |
| • | Shingle. |
| • | Stick-Eastlake. |
| • | Tudor Revival. |
| • | 1930s track type. |
b.
Types of buildings.
• Predominantly one- and two-story. • Predominantly single-family. • Duplex units. • Small apartment buildings. • Other miscellaneous buildings (i.e., church, school, nursery, warehouse).
c.
Building materials.
• Predominantly wood siding.
• Stucco.
d.
Neighborhood elements.
| • | Medium and larger lots (typically 50 feet x 150 feet or larger). |
|---|---|
| • | Less than 40 percent lot coverage. |
| • | Large, medium and small houses. |
| • | Entry door face the street. |
| • | Alleys. |
| • | Lawns. |
| • | Front yard fences. |
| • | Wide and normal streets. |
| • | Traditional light standards. |
(Ord. 3677 § 1, 2004; Ord. 3950 § 12, 2010; Ord. 2020-014 § 14)
A.
Purpose. The -SR combining district is intended to enhance and preserve the natural and constructed features that contribute to the character of scenic roads. Natural and constructed features include trees, rock walls, view corridors, road configuration and tree canopy.
B.
Applicability. The -SR combining district may be combined with any primary zoning district established by Section 20-20.020 (Zoning Map and Zoning Districts), provided that the standards of this Section shall apply only to the portions of parcels within 125 feet or less from the edge of the pavement of the designated scenic road. All portions of a parcel more than 125 feet from the edge of the pavement of a designated scenic road shall be regulated by the standards of the primary zoning district.
C.
Allowed land uses and permit requirements. Any land use normally allowed in the primary zoning district by this Division may be allowed within the -SR combining district, subject to the land use permit requirements of the primary district.
D.
Site planning and development standards. Proposed development and new land uses shall comply with the following standards, as applicable. In the event of any conflict between the following standards and those of the primary zoning district, the most restrictive shall apply.
1.
Brush Creek Road and Wallace Road. Scenic characteristics consist of the many native and ornamental
trees that line the roadway as well as groups of trees found immediately adjacent to the roadway. Numerous dry-laid rock walls formed from native field stone are along properties fronting Brush Creek Road. Development density is very low and low density with varied setbacks creating a rural to semi-rural character.
a.
Minimum Brush Creek Road-Wallace Road lot frontage: 100 feet measured at property line, provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Brush Creek Road-Wallace Road:
(1)
50 feet measured from edge of pavement to a one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet measured from edge of pavement to a two-story structure, or a one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Brush Creek Road or Wallace Road than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Fences, walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
2.
Calistoga Road (North of Badger Avenue). Scenic characteristics consist of views over Rincon Valley as one enters Santa Rosa from the northeast. This portion of Calistoga Road is very picturesque due to the proximity of the hills and the open pasture land. Most of the area has a semirural character due to the very low density development consisting of low ranch style homes on large lots. In addition the road surface is relatively narrow with few urban improvements which reinforces the semi-rural image as one enters and leaves Santa Rosa.
a.
Minimum Calistoga Road lot frontage:
(1)
150 feet when a home fronts Calistoga Road;
(2)
100 feet when a home backs or sides on Calistoga Road.
b.
Minimum setback from Calistoga Road:
(1)
50 feet measured from edge of pavement to back-on fencing or a one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet measured from edge of pavement to a two-story structure or a one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Calistoga Road than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Nonback-on fences and walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the
primary zoning district¶
3.
Highway 12 (Calistoga Road to Oakmont). Scenic characteristics consist of the picturesque views of the surrounding hills from the valley floor as one enters and leaves Santa Rosa. The area has a semi-rural character due to the variations in development patterns consisting of rural homes on large lots and suburban subdivisions separated by open pasture. The highway has a boulevard character due to the urban
improvements with a landscaped median. As the highway leaves Santa Rosa, the character changes to a rural highway.
a.
Minimum setback from Highway 12. The setback shall be measured from the Highway 12 right-of-way, or the back of sidewalk, whichever provides the greater setback:
(1)
50 feet to back-on fencing or one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet to a two-story structure or one-story with height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story
accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Highway 12 than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Nonback-on fences and walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
b.
Require back-on landscaping to include dense planting of coniferous tree and shrubs to screen development from view from Highway 12.
4.
Los Alamos Road. Scenic characteristics consist of the picturesque views of hills and valleys from the road as one enters or leaves Santa Rosa. Development along the road has a semi-rural-suburban character due to the very low density development, consisting mostly of low ranch style homes on large lots. Existing road improvements enhance the semi-rural character due to the lack of urban improvements.
a.
Minimum lot frontage: 100 feet measured at property line; provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Los Alamos Road:
(1)
30 feet measured from edge of pavement to back-on fencing or one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet measured from edge of pavement to a two-story structure or one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Los Alamos Road than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Nonback-on fences and walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
5.
Los Olivos Road (entire length). Scenic characteristics consist of the many native and ornamental trees that line the roadway that give the roadway a sense of shelter and offer varied patterns in light and shadow as one travels along the corridor. The very low density development and large setbacks help to establish a setting that is rural in character. In addition the road surface is relatively narrow with minimal urban improvements alone, most of its length which reinforces the image of a rural environment.
a.
Minimum Los Olivos Road lot frontage: 100 feet measured at property line; provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Los Olivos Road:
(1)
50 feet measured from edge of pavement to a one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet measured from edge of pavement to a two-story structure, or one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Los Olivos Road than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Fences, walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other
decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
6.
Manzanita Avenue (Entire Length). Scenic characteristics consist of the many native and ornamental trees that line the roadway that give the roadway a sense of shelter and offer varied patterns in light and shadow as one travels along the corridor. The very low density development and large setbacks help to establish a setting that is rural in character. The road surface is also relatively narrow with no urban improvements, which reinforces the image of a rural environment.
a.
Minimum Manzanita Avenue lot frontage: 100 feet measured at property line; provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Manzanita Avenue:
(1)
75 feet measured from edge of pavement to one-story structure with a maximum height not exceeding 25 feet;
(2)
125 feet measured from edge of pavement to a two-story structure or a one-story structure over 25 feet in height;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Manzanita Avenue than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Fences, walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative accessory structures need only comply with the setbacks and other standards of the primary zoning district.
7.
Melita Road. Scenic characteristics consist of the many native and ornamental trees that the line the roadway that give the roadway a sense of shelter and offer varied patterns in light and shadow as one travels along the corridor. The rural character is enhanced by the very narrow width and curves of the road. In addition, portions of the road parallel Santa Rosa Creek. The most scenic areas of the road lack urban street improvements. Most of the area has a very low density rural character with relatively small homes on large lots. The road has an historic feel due to the rock walls and former stagecoach station. a.
Minimum Melita Road lot frontage: 100 feet measured at property line; provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Melita Road:
(1)
50 feet measured from edge of pavement to a one-story structure with a maximum height not exceeding 25 feet;
(2)
100 feet measured from edge of pavement to a two-story structure or to a one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Melita Road than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Fences, walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other
decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
c.
Minimum lot area. The minimum area of lots that border on Melita Road and are located in the Very Low Density General Plan designation shall be 40,000 square feet. This requirement does not apply to existing or
new flag lots where only the access strip has frontage on Melita Road or the creation of a new lot where the new lot does not border on Melita Road.
8.
Montecito Avenue (Norte Way to Chanate Avenue). Scenic characteristics consist of the many native and ornamental trees that line the roadway that give the roadway a sense of shelter and offer varied patterns in light and shadow as one travels along the corridor. The very low density development and large setbacks help to establish a setting that is rural in character. In addition the road surface is relatively narrow with no urban improvements which reinforces the image of a rural environment
a.
Minimum Montecito Avenue lot frontage: 100 feet measured at property line; provided that the access strip of a flag lot is exempt from this requirement.
b.
Minimum setback from Montecito Avenue:
(1)
75 feet measured from edge of pavement to a one-story structure with a maximum height not exceeding 25 feet;
(2)
125 feet measured from edge of pavement to a two-story structure, or one-story structure with a height over 25 feet;
(3)
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Montecito Avenue than the existing dwelling, and complies with the setbacks of the primary zoning district;
(4)
Fences, walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
c.
Minimum lot area: 40,000 square feet for lots that border on Montecito Avenue; provided that this requirement does not apply to existing or new flag lots where only the access strip has frontage on Montecito Avenue or the creation of a new lot where the new lot does not border on Montecito Avenue.
9.
Francisco Avenue (east/west portion). Scenic characteristics consist of the picturesque views of the surrounding hills from the valley floor from the northern edge of the City of Santa Rosa. The area has a semirural character due to the transition from the City of Santa Rosa into Sonoma County. The transition primarily consists of rural county land, characterized by rural residential development, to the north, and more urbanized subdivisions to the south.
a.
Minimum setback from Francisco Avenue. The setback shall be measured from the Francisco Avenue back of side walk:
(1)
14 feet to back-on fencing or one-story structure or element with a maximum height not exceeding 25 feet;
(2)
24 feet to a two-story structure or element, or one-story structure or element with height over 25 feet;
(3)
Non back-on fences and walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
b.
Require an 8-foot planter on the south side of the street, with trees and other low plantings, to transition from the urban characteristics of the City of Santa Rosa into the rural setting to the north. The plantings are not intended to screen the urban development, but to assist the transition.
10.
Burbank Avenue (from the northerly boundary of Roseland Creek Community Park to Hearn Avenue). Scenic characteristics consist of larger front setbacks than typically found in low density, single-family residential areas, and a narrow roadway width that provides a "country road" feel, as well as roadside trees that create an occasional wooded "tunnel" effect. The area has a semi-rural residential character, with more urbanized subdivisions to the north and south.
a.
Minimum setback from Burbank Avenue:
(1)
20 feet measured from edge of pavement to one-story structure or element with a maximum height not exceeding 25 feet;
(2)
25 feet measured from edge of pavement to a two-story or greater structure or element, or one-story structure or element with height over 25 feet;
(3)
Fences and walls, hedges, swimming pools, uncovered parking, uncovered decks, gazebos, and other decorative type accessory structures need only comply with the setbacks and other standards of the primary zoning district.
b.
Where an existing dwelling does not comply with the above setbacks, single story additions and single story accessory structures are allowed within the above setbacks provided that an addition or accessory structure does not extend closer to Burbank Avenue than the existing dwelling, and complies with the setbacks of the primary zoning district.
c.
Roadway improvements. Roadway improvements along Burbank Avenue shall be designed consistent with the street sections included in the Roseland Area/Sebastopol Road Specific Plan.
E.
Replacement of damaged or destroyed nonconforming structure. A nonconforming structure within the -SR combining district that is damaged or destroyed may be restored, reconstructed, and used as before, provided that the restoration does not increase the degree of nonconformity with the requirements of this Section, and that the restoration complies with the requirements of the primary zoning district. Restoration that does not comply with the primary zoning district may occur only in compliance with Chapter 20-61 (Nonconforming Uses and Structures).
F.
Tree removal. The following requirements apply in addition to those in Municipal Code Chapter 17-24 (Trees). 1.
Existing developed parcels within 50 feet of a scenic road. A Tree Removal Permit is required prior to the removal of any tree, including an exempt tree. Prior to the approval of a Tree Removal Permit, the applicant shall demonstrate that the removal of the tree will not have a negative impact on the scenic quality of the corridor, or that the tree is a hazard and/or unhealthy as determined by the Director. If the Director cannot determine whether the tree is a hazard or the health of the tree, the applicant shall hire an arborist to make the determination.
2.
Tree removal for new development within 100 feet of a scenic road. Special care shall be taken to preserve the maximum number of trees possible, including exempt trees. Prior to the approval of a project the applicant shall demonstrate that each tree proposed for removal shall not have a negative impact on the scenic quality of the corridor, or that the tree is a hazard or unhealthy, as determined by a certified arborist.
G.
Alteration of rock walls or other identified scenic feature. Any removal or alteration of a rock wall or other identified scenic feature in conjunction with new development or a public projects within the -SR combining district shall be avoided or minimized whenever possible, through alternative project configurations. (Ord. 3677 § 1, 2004; Ord. 4052 § 1, 2015; Ord. 4074 § 3, 2016) A.
Purpose. The -DSA combining district is intended to enhance and reinforce distinctive characteristics within the Downtown Station Area Specific Plan area and create environments that are comfortable to walk in by establishing development form, intensity, streetscape, and public realm standards.
B.
Applicability. The -DSA combining district may be combined with the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Space Mixed Use (MMU), or Neighborhood Mixed Use (NMU) primary zoning district established by Section 20-20.020 (Zoning Map and zoning districts), provided that the standards of this section shall apply as directed in each of the subsections under Subsection E (Site planning and development standards). All other portions of a parcel shall be regulated by the standards of the primary zoning district. The -DSA combining district is applicable to any property designated Downtown Transition, Neighborhood Transition, Creek and Trail Activation, and Active Ground Floor Overlay in the Downtown Station Area Plan.
C.
Allowed land uses and permit requirements. Any land use normally allowed in the primary zoning district by this Division may be allowed within the -DSA combining district, subject to the land use permit requirements of the primary district.
D.
Locations of combining district. The standards of this section apply to properties designated Downtown Transition, Neighborhood Transition, Creek and Trail Activation, or Active Ground Floor Overlay on the Downtown Station Area Specific Plan Map UDCS-1: Special Design Considerations (see Figure 2-26 below).
(Image not reproduced in this text.)
Figure 2-26
E.
Downtown Transition. Downtown Transition Standards are applied to areas within the Downtown Station Area Specific Plan area to create a welcome pedestrian environment in the downtown core area. In the event of conflict between the following development standards and those of the primary zoning district, the most restrictive shall apply.
1.
Buildings in the Downtown Transition zone, shown in Figure 2-26, shall step back a minimum of six feet, or as approved by the Review Authority, above the fifth floor along the frontage of Fourth and Fifth Streets.
F.
Neighborhood Transition. Neighborhood Transition Standards are applied to areas within the Downtown Station Area Specific Plan area to reduce the visual impact of new development on residential areas of preservation districts. In the event of any conflict between the following development standards and those of the primary zoning district, the most restrictive shall apply.
1.
Development of the properties identified in the Neighborhood Transition zones shown on Figure 2-26, shall comply with the following standards:
| Seventh, Ninth/ Streets, and Sonoma Avenue |
Santa Rosa and College Avenues and E Street |
|
|---|---|---|
| Front setback | 6-10 feet (min/ groundcovers per requirements of Zoning Code Chapter 20-34. |
|
| Stepback | Buildings must step back from the street frontage a minimum of 10 feet above the third floor. Above 6 stories, buildings must maintain a |
Buildings must step back from the rear a minimum of 10 feet above the third floor and a |
| Seventh, Ninth/ Streets, and Sonoma Avenue |
Seventh, Ninth/ Streets, and Sonoma Avenue |
Santa Rosa and College Avenues and E Street |
|
|---|---|---|---|
| daylight plane of 45 degrees as shown in Figure 2-27. |
minimum of 20 feet above the sixth floor. Above 6 stories, buildings must maintain a daylight plane of 45 degrees as shown in Figure 2- 27. |
||
| Ground floors | Residential and mixed-use projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. |
||
| Surface parking | Surface parking areas are not permitted between the sidewalk and the building façade. |
||
| Figure 2-27 |
G.
Creek and Trail Activation Transition. The Creek and Trail Activation Transition is applied to promote the use and visibility of specified creek areas within the DSASP area.
1.
New development in the areas identified for creek and trail activation on Figure 2-26 shall provide at least
one activating use or at least two activating design features fronting the creek and trail as noted below.
| At least one of the following activating uses: |
OR | At least two of the following activating design features: |
|---|---|---|
| A public space or plaza up to 5% of the total lot size with a minimum width of 30 ft |
One piece of site furniture for each 100 linear feet of creek/ seating, informational kiosks, bicycle racks, and trash/ equipment |
|
| A café, restaurant, brew pub, retail space or substantially similar use |
Integrated public art in the form of a mural, sculpture, light display, or other original work of a permanent nature as defined in the City Code |
|
| Interpretive signage related to Santa Rosa Creek and its riparian habitat |
2.
New buildings within 200 feet of the creek top of bank shall be constructed so that at least one pedestrian entrance faces the creek. Where stoop entrances to residential units are provided, these shall face the creek.
3.
New development shall provide pedestrian pathways at least 15 feet in width to connect the development to the creekside trail network. Pedestrian pathways must be provided at least every 600 feet along the creek to enhance connectivity to the surrounding area.
4.
As development occurs in the creek and trail activation areas shown in Figure 2-26, lighting should be provided consistent with Santa Rosa Creek Design Guidelines.
5.
Blank façades at ground level and above should be avoided. Windows, doors and transparent opening are encouraged to provide "eyes on the creek" and heighten sense of security. To the extent feasible, surface and structured parking should not front onto the creek or trail.
H.
Active Ground Floor Overlay. Within the Downtown Station Area Specific Plan area, active ground floor frontages are key to creating the vibrant character envisioned for the Downtown Station Area. All proposed development on a parcel designated Active Ground Floor Overlay in Figure 2-26 shall comply with the following development standards. In the event of any conflict between the following development standards and those of the primary zoning district, the most restrictive shall apply.
1.
On corner lots where only one frontage is in the Active Ground Floor Overlay, ground floor activating strategies shall also be applied to the intersecting street frontage as appropriate, subject to review by the review authority.
2.
New development with frontage on streets in the Active Ground Floor Overlay as shown on Figure 2-26 shall provide design features that optimize the pedestrian experience. To comply with this requirement,
developments with up to 90 linear feet of frontage must provide two or more of the following and Developments with over 90 linear feet of frontage must provide three or more of the following:
• Awnings or overhangs over all ground floor entrances; • One piece of street furniture per 15 linear feet of street frontage. Street furniture may include seating, ornamental planting boxes, informational kiosks, bicycle racks, or trash/recycling receptacles integrated into front setbacks where sidewalk width is not sufficient to accommodate street furniture; • Integrated public art in the form of a mural, sculpture, light display, or other original work of a permanent nature as defined in the City Code; • At least 600 square feet of publicly accessible active or passive recreational space on-site, or in the form of a curbside parklet; • A green/living wall of a size equivalent to at least 15 percent of the building façade as measured between two and 12 feet above sidewalk level; • Innovative alternative strategies to optimize the pedestrian experience along Active Ground Floor Overlay streets. Staff will evaluate proposals on a case by case basis for compliance with applicable DSASP Urban Design Principles and development standards. Alternatively, this requirement can be satisfied through compliance with Policy LU-1.4 in the Land Use chapter.
3.
Properties with street frontage in the Active Ground Floor Overlay shall provide at least one primary pedestrian entrance or alternative design solution(s) that implements active ground floor goals as described in the 2020 Downtown Station Area Specific Plan, subject to approval by the review authority.
4.
Ground floor façades of nonresidential development on streets in the Active Ground Floor Overlay shall have clear glass that is free of tinting or other glazing material to allow views of indoor space between a height of two and seven feet above grade as shown in Figure 2-28 below.
(Image not reproduced in this text.)
Figure 2-28
Where a project site is bordered by side street or alley, vehicular access shall betaken from side street or alley subject to discretionary review.
6.
Surface parking shall not be located between the sidewalk and building façade on streets in the Active Ground Floor Overlay.
7.
Loading and service areas shall not be visible from streets in the Active Ground Floor Overlay and shall be located at the rear of the property, within structures, or on interior streets.
(Ord. 2020-014 § 16; Ord. 2021-012 § 18)
A.
Purpose. The -SA combining district is intended to enhance and reinforce distinctive characteristics within the North Santa Rosa Station Area Specific Plan area and create environments that are comfortable to walk in.
B.
Applicability. The -SA combining district may be combined with any primary zoning district established by Section 20-20.020 (Zoning Map and zoning districts), provided that the standards of this section shall apply as directed in each of the subsections under Subsection E (Site planning and development standards); all
other portions of a parcel shall be regulated by the standards of the primary zoning district. C.
Allowed land uses and permit requirements. Any land use normally allowed in the primary zoning district by this Division may be allowed within the -SA combining district, subject to the land use permit requirements of the primary district.
D.
Location of combining district. The standards of this section apply to properties located within the North Santa Rosa Station Area Specific Plan boundary, as follows:
1.
North Santa Rosa Station Area Specific Plan area.
(Image not reproduced in this text.)
Figure 2-10—North Santa Rosa Station Area Specific Plan Boundaries (Paulin Creek to the north, Highway 101 and Santa Rosa Junior College/Santa Rosa High School to the east, West College Avenue to the south, and Ridley Avenue to the west)
a.
All properties located within the boundaries of the North Santa Rosa Station Area Specific Plan that have a land use designation of Transit Village Mixed Use, Transit Village Medium, Medium Density Residential, Medium High Density Residential, Retail and Business Services, Office, Light Industrial, Business Park and Public Institutional.
E.
North Santa Rosa Station Area Specific Plan site planning and development standards. Proposed development and new land uses located within the North Santa Rosa Station Area Specific Plan boundaries shall comply with the development standards outlined in Tables 2-20, 2-21, 2-22 and 2-23, as applicable. In the event of any conflict between the following development standards and those of the primary zoning district, the most restrictive shall apply.
| TABLE 2-14—DEVELOPMENT STANDARDS FOR RESIDENTIAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|||
|---|---|---|---|
| Development Feature | Requirement | by General Plan Land Use Designation | |
| Medium Density Residential |
Medium High Density Residential |
Transit Village Medium | |
| Ground-Floor Retail Ceiling Height |
Minimum interior ceiling height for ground-floor retail space. | ||
| Not Applicable | Not Applicable | 15 ft | |
| Ground-Floor Retail Depth |
Minimum interior depth for ground-floor retail space. | ||
| Not Applicable | Not Applicable | 25 ft | |
| Building Height | 3 stories (35 ft) maximum |
4 stories (45 ft) maximum |
3 stories (35 ft) minimum; 4 stories (45 ft) maximum |
| Canopy or Awning Height |
Minimum height to bottom of canopy | or awning. | |
| No Requirement | No Requirement | 8 ft | |
| Allowed Projections | Maximum allowed projection of towers or turrets at corners of buildings, or roof forms that project above a building fascia. |
||
| 10 ft | 10 ft | 10 ft or roof forms and for corner towers or turrets; 5 ft for towers or turrets that are not at the corner of a building |
|
| Allowed Encroachments | Main entries may encroach up to 12 ft into front setback; Awnings and canopies may project up to 8 ft into public right-of-way; Secondary entries, balconies, bay windows, chimneys and eaves may encroach up to 2.5 ft into any setback |
Main entries may encroach up to 10 ft into front setback; Awnings and canopies may encroach up to 8 ft into public right-of-way; Secondary entries, balconies, bay windows, chimneys and eaves may encroach up to 2.5 ft into any setback |
Awnings and canopies may project up to 8 ft into public right-of-way; Balconies may encroach up to 2.5 ft into front setback or public right- of-way; Bay windows, chimneys, and eaves may encroach up to 2.5 ft into any setback |
| Access Standards | All main building entries shall orient toward the street; Surface parking lots are not permitted in front of buildings; Locate on-site parking to the rear or side of the property, or internal to the block, and provide access to parking through alleys and driveways, where possible |
| TABLE 2-15—DEVELOPMENT STANDARDS FOR COMMERCIAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|||
|---|---|---|---|
| Development Feature | Requirement | by General Plan Land Use Designation | |
| Transit Village Mixed Use |
Retail and Business Services |
Office | |
| Ground-Floor Land Use | Activity Generating | Activity Generating | No Requirement |
| Ground-Floor Retail Ceiling Height |
Minimum interior ceiling height for ground-floor retail space. | ||
| 15 ft | 15 ft | No Requirement | |
| Ground-Floor Retail Depth |
Minimum interior depth for ground-floor retail space. | ||
| 25 ft | 25 ft | No Requirement | |
| Ground-Floor Retail Frontage Transparency |
Minimum percentage of transparency (windows) along main building frontage, and along the side façade facing the street for buildings on corner lots. |
||
| No Requirement | 80 % of main frontage; 25% of side façade |
No Requirement | |
| Building Height | 2 stories (25 ft) minimum 5 stories (55 ft) maximum |
See applicable zoning district requirements |
2 stories (25 ft) minimum; 3 stories (35 ft) maximum |
| Canopy or Awning Height |
Minimum height to bottom of canopy | or awning. | |
| 8 ft | No Requirement | No Requirement | |
| Recessed Entries | Maximum depth of recessed main building entry on the street frontage or at the corner of building, when entry is located on corner. |
||
| 5 ft at street; 10 ft at corner |
5 ft at street; 10 ft at corner |
No Requirement | |
| Allowed Projections | Maximum allowed projection of towers or turrets at corners of buildings, or roof forms that project above a building fascia. |
||
| 10 ft | No Requirement | No Requirement | |
| Allowed Encroachments | Awnings and canopies may encroach up to 8 ft into the front setback or public right-of-way; Bay windows, chimneys and eaves may encroach up to 2.5 ft into any setback |
||
| Balconies may encroach up to 2.5 ft into front setback or public right- of-way |
No additional requirements |
Main entry may encroach 5 ft into front setback |
|
| Access Standards | Locate on-site parking to the rear, internal to block, tucked under the building, or in a below-ground structure, and provide access through alleys or driveways, where possible |
| TABLE 2-15—DEVELOPMENT STANDARDS FOR COMMERCIAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|||||
|---|---|---|---|---|---|
| Development Feature | Requirement | by General Plan Land Use Designation | |||
| Transit Village Mixed Use |
Retail and Business Services |
Office | |||
| Main building entries shall face the street; Surface parking is not permitted in front of buildings |
Surface parking is not permitted in the front setback |
Main building entries shall face the street; Surface parking is not permitted in front of buildings |
|||
| TABLE 2-16—DEVELOPMENT STANDARDS FOR INDUSTRIAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|||||
| Development Feature | Requirement by General Plan Land Use Designation | ||||
| Business Park | Light Industrial | ||||
| Building Height | See applicable zoning district requirements |
2 stories (25 ft) minimum; 5 stories (55 ft) minimum |
|||
| Building Stepback | Step back all floors above | 3 stories a minimum of 6 ft | |||
| Allowed Encroachments | No Requirements | Main entries may encroach up to 5 ft into front setback; Awnings and canopies may encroach up to 8 ft into the front setback or public right- of-way; Bay windows and eaves may encroach up to 2.5 ft into any setback |
|||
| Access Standards | Surface parking is not permitted in front of buildings; Locate on-site parking and yards to the side or rear of buildings; Provide access to parking through alleys or driveways, where possible |
||||
| TABLE 2-17—DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|||||
| Development Feature | Requirement by General Plan Land Use Designation | ||||
| Public Institutional | |||||
| Building Height | 4 stories (45 ft) maximum | ||||
| Building Stepback | Step back all floors above 3 stories a minimum of 6 ft | ||||
| Allowed Encroachments | Main entries may encroach up to 5 ft into setback; Awnings and canopies may encroach up to 8 ft into front setback or public right-of-way; Bay windows and eaves may encroach up to 2.5 ft into any setback |
||||
| Access Standards | Surface parking is not permitted in front setback; Locate on-site parking to the side or rear of buildings; Provide access to parking through alleys or |
| TABLE 2-17—DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL PROPERTIES IN THE NORTH SANTA ROSA STATION AREA SPECIFIC PLAN BOUNDARIES |
|
|---|---|
| Development Feature | Requirement by General Plan Land Use Designation |
| Public Institutional | |
| driveways, where possible |
(Ord. 2020-014 § 15)¶
A.
Purpose. The Senior Housing (-SH) combining district is intended to create a new zoning district for senior housing and to set forth a process through which property may be rezoned specifically as housing for older persons within the City in compliance with Federal and State Fair Housing Law by establishing a clear set of requirements for senior housing.
B.
Applicability.
1.
The -SH combining district shall only apply to residential developments within the City of Santa Rosa proposed as senior housing that seek automobile and bicycle parking allowances based on the "senior housing project" parking requirements, pursuant to Section 20-36.040, Table 3-4 (Automobile and Bicycle Parking Requirements by Land Use Type), or any other allowances from the City based on the senior housing status. Such projects shall also include an application to be rezoned, pursuant to Chapter 20-64 (Amendments), to add the -SH combining district to the base zone for the property.
2.
Nothing in this section shall limit the ability of a housing provider to operate housing exclusively for persons 62 years and older, or housing for persons 55 and older as otherwise permitted by and consistent with Federal and State law requirements.
C.
Occupancy requirement. Residential units within the -SH combining district shall be occupied so that at least 80 percent of the occupied units are occupied by at least one person who is age 55 or older. The age restriction stated herein does not apply to or affect ownership of the residential units, but is an occupancy requirement.
D.
Notification. The signage, advertising, covenant, regulations and restrictions, and leases for occupancy for all residential units within the -SH combining district shall state that the residential units are senior housing as defined in this Zoning Code.
E.
Senior housing regulatory agreement.
1.
Application to the Housing Authority. Once property has been zoned to the -SH combining district, the developer, owner, or homeowners' association shall file an application with the Housing Authority for the purpose of entering into a senior housing regulatory agreement, including the payment of any processing and monitoring fees. The senior housing regulatory agreement shall require that the development is at all times occupied in compliance with the requirements of this section and shall be reviewed and approved by the Executive Director of the Housing Authority.
2.
Execution of a senior housing regulatory agreement. The owner(s) of the senior housing development shall execute a senior housing regulatory agreement prior to recording any final map or the issuance of any building permits, as applicable. The senior housing regulatory agreement shall be recorded in the Official Records of Sonoma County against each residential unit within the -SH combining district. The senior housing regulatory agreement shall be binding on future owners of the residential development.
3.
Projects with a density bonus. A project providing residential units pursuant to the City's density bonus ordinance or the City's Housing Allocation Plan ordinance may enter into a single agreement for purposes of regulating and monitoring the senior residential units and other restrictions applicable under those chapters in accordance with the most restrictive requirements.
F.
Verification of occupancy.¶
1.
Biennial verification. As part of the senior housing regulatory agreement, the owner, or homeowners' association shall submit verification of occupancy to confirm its status as senior housing, not less frequently than biennially, through survey or affidavits, in a form to be determined by the Executive Director of the Housing Authority, which shall be consistent with the requirements and applicable regulations of the Federal
Fair Housing Act and shall be submitted to and reviewed by the Housing Authority Director, or designee. The Housing Authority is hereby expressly authorized to act as the City's agent for purposes of monitoring compliance with this chapter, including enforcement pursuant to the regulatory agreement.
2.
Failure to verify status of senior housing. Failure to submit the verification required by this section or failure of the verification to confirm that the development meets the senior housing requirements as defined in this section and consistent with Federal and State law, shall constitute a violation of the City's Zoning Code, in addition to violations under the senior housing regulatory agreement, and may be subject to enforcement pursuant to the City Code, including specifically the applicable provisions of Chapter 1-30 (Administrative Review of Ordinance Violations).
(Ord. 3997 § 2, 2012)
A.
Purpose. The -RH combining district is intended to recognize, preserve, and enhance Santa Rosa's rural communities.
B.
Applicability. The -RH combining district shall apply to properties within rural residential areas near the perimeter of the Santa Rosa city limits. The -RH combining district may be combined with any primary zoning district established by Section 20-20.020 (Zoning Map and Zoning Districts). C.
Locations of combining district. The standards of this section shall apply to properties located within the West Hearn Avenue neighborhood, as follows:
1.
West Hearn Avenue neighborhood.
(Image not reproduced in this text.)
Figure 2-17 – West Hearn Avenue Neighborhood (shaded area with properties that primarily front, or receive access from, West Hearn Avenue)
D.
Allowed land uses and permit requirements. Any land use normally allowed in the primary zoning district by this Division may be allowed within the -RH combining district, subject to the land use permit requirements of the primary district. The following special land uses and permit requirements shall apply to properties within the -RH combining district. In the event of any conflict between the following land uses and permit requirements and those of the primary zoning district or the standards for specific land uses (Chapter 20-42), those applicable to the -RH combining district shall apply.
1.
The following land uses are permitted, zoning clearance required:
a.
Animal keeping. Raising, feeding, maintaining and breeding of not more than one of the following per 20,000 square feet of lot area:
(1)
Five hogs or pigs;
(2)
One horse, mule, cow or steer;
(3)
Five goats, sheep, or similar animals;
(4)
50 chickens or similar fowl;
(5)
50 ducks or geese or one hundred rabbits or similar animals;
(6)
4-H and Future Farmers of America (FFA) animal husbandry projects are permitted without limitation of parcels size, provided that the parcel contains at least 20,000 square-feet and provided further a letter of project authorization is first submitted by the project advisor. The Planning and Economic Development
Director may require the applicant to obtain a Minor Use Permit when the director determines that the project might be detrimental to surrounding uses.
b.
The indoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops, provided that the greenhouse or similar structure for indoor growing is less than 800 square feet.
c.
Pet fancier facilities. Pet fancier facility means any lot or premises on which five or more but not exceeding 10 dogs and/or five or more but not exceeding 10 cats over four months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises. No pet fancier facility shall be located on any lot or premises less than one acre in size. No pet fancier facility shall sell, display, offer for sale, barter or give away more than four litters of puppies and/or four litters of kittens in any calendar year.
2.
The following land uses are allowed with the approval of a Minor Conditional Use Permit (MUP):
a.
Art studios and arts and crafts centers not involving retail or wholesale sales.
b.
Live/work uses in conjunction with an otherwise allowed residential use.
E.
Fences, walls and screening. Fences within the -RH combining district shall comply with the height limits set forth in Section 20-30.060 (Fences, Walls and Screening), with the following exception:
1.
For purposes of the -RH combining district, the term "fence" shall include fences, walls or structures in the nature of a fence. The term "fence" shall not include hedges.
F.
Street standard. The City of Santa Rosa Interim Street Standard (File No. STD.-200K) shall apply, until such time as a Rural Street Standard can be developed and adopted. Any street improvement design shall take into consideration the rural character of the neighborhood and any heritage trees (as defined by City Code Chapter 17-24).
G.
Street lights. No additional streetlights shall be installed unless requested by the neighborhood, or as deemed necessary by the City for safety purposes.
H.
Extension of West Hearn Avenue. Upon development of the property located at 1011 Yuba Drive (Assessor's Parcel Number 134-022-007), consideration shall be given to limiting through traffic onto West Hearn Avenue.
(Ord. 4074 § 4, 2016)¶
Note: Former Section 20-28.100 Resilient City (-RC) combining district, consisting of Ord. 2017-018 § 3; Ord. 2018-015 § 3; Ord. 2019-006 § 3; Ord. 2019-013 § 3; Ord. 2020-011 § 1; Ord. 2020-012 § 2; Ord. 2023-015, 11/28/2023 was repealed by Ord. 2024-012, 11/19/2024.
A.
Purpose. The -MMH combining district is intended to enable the development of multifamily housing types, compatible in scale with single-family houses, in Santa Rosa's walkable neighborhoods. Housing units in Missing Middle building types offer a wide range of choices for residents and can be either rented or owned
according to a condominium/airspace model; fee-simple ownership is also possible for types that do not incorporate stacked units. Deed-restricted affordable ownership and rental options are compatible with all Missing Middle Housing types.
B.
Applicability. The -MMH combining district may be combined with any residential or mixed-use primary zoning district established by Section 20-20.020 (Zoning Map and zoning districts), provided that the standards of this section shall apply as directed.
1.
Applicability by Location.
a.
Eligibility for the Missing Middle Housing Bonus ("MMH Bonus") is limited to sites located in the MMH Small or MMH Medium zones ("MMH zones")—including the MMH Small Flex and MMH Medium Flex sub-zones. Projects using the MMH Bonus shall comply with the standards for the applicable MMH zone or sub-zone, as provided in Subsection C. Projects located outside of the MMH zones shall be regulated by the standards of the primary zoning district and Division 3.
b.
The -MMH combining district, with its associated MMH zones, may be applied to additional areas in accordance with the General Plan and applicable legislation.
2.
Applicability Limited to Missing Middle Housing Bonus Projects. Compliance with the standards in Subsections C through I is required for a project to be entitled under the MMH Bonus (Missing Middle Housing Bonus).
a.
For projects using the MMH Bonus, the standards in this Section shall replace the corresponding standards in Chapters 20-20 through 20-24 and Division 3. This means that where a standard in this Section conflicts with a standard elsewhere in Title 20, the standard in this Section shall apply.
b.
Projects not using the MMH Bonus entitlement shall be regulated by the standards of the primary zoning district and Division 3.
3.
Applicability to Redevelopment of Existing Buildings. Redevelopment of existing structure(s) that results in at least two dwelling units and not more than 18 dwelling units per building may qualify for a MMH Bonus, subject to the standards pertaining to existing structures in Subsections C through E. Standards in this Section that would require exterior or interior demolition of the existing structure, in whole or in part, do not apply.
C.
Missing Middle Housing Zones (MMH Zones).
1.
Purpose. This Subsection provides zones and standards to implement the City of Santa Rosa's vision of enabling Missing Middle Housing.
2.
Zones Overview. The -MMH combining district includes two MMH zones, each with one sub-zone. Table 2- 18 provides an overview of each zone/sub-zone and its intent. This information is to describe the intended physical character and direction for the detailed standards in each zone. For further information, refer to Section 1.4 in the Guidance Document.[1]
TABLE 2-18—INTENT OF MMH ZONES¶
(Image not reproduced in this text.)
MMH Small (-MMH-S)
MMH Medium (-MMH-M)
A walkable neighborhood environment of small-tomedium footprint, low-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
Sub-Zone: MMH Small Flex (-MMH-S-F)
A walkable neighborhood environment of small-tomedium footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services. Sub-Zone: MMH Medium Flex (-MMH-M-F)
The flex sub-zone allows an additional frontage The flex sub-zone allows additional frontage types type (Shopfront) to support non-residential ground(such as Terrace and Shopfront) to support nonfloor uses within the same built character as the residential ground-floor uses within the same built base zone. character as the base zone.
[1]¶
Editor's Note: This document is on file in City offices.
3.
MMH Zone Standards.
a.
General Standards. Tables 2-19 through 2-23 contain standards applicable within the MMH zones.
b.
Existing Structures. Standards for Building Placement (Table 2-20), Building Form (Table 2-21), and Vehicular and Bicycle Parking (Table 2-23) that would require exterior or interior demolition of the existing structure, in whole or in part, do not apply.
c.
Design Sites. All new primary structures are required to use design sites in compliance with the standards in this Section.
1)
Definition. A design site is a portion of land within a project site that is delineated from other design sites to accommodate a single primary structure or building type. Design sites are considered lots for the purpose of applying development standards, though legal subdivision is not required.
2)
If only one primary structure is proposed, the lot and the design site are identical.
3)
On an existing parcel whose width and/or depth do not meet the minimum design site dimensions for any building types allowed by the zone, any building type identified in Subsection D (Building Types) may be selected, provided that all other MMH zone standards and building type standards are satisfied.
Parcels with enough land area to accommodate multiple primary structures can have multiple design sites— see Subsection C.5 (Multiple Building Site Design).
d.
Building Types and Frontage Types. From the allowed types in the MMH zone, and in compliance with the listed standards, the following shall be selected for each design site:
1)
Only one primary building type per design site, except that an Accessory Dwelling Unit/Junior Accessory Dwelling Unit, in compliance with Section 20-42.130 (Accessory dwelling units), may be included within a design site in addition to the primary building type; and
2)
One frontage type for each primary entrance to a building or unit.
e.
Building types and frontage types not identified in the MMH zone's standards are not allowed in that zone. f.
Allowed Uses. Uses shall comply with the allowable uses for the primary zoning district established by Section 20-20.020 (Zoning Map and zoning districts), except that multifamily dwellings in compliance with this Section shall be permitted in any residential or mixed-use zoning district. Standards for individual
building types and frontage types regulate physical form only and impose no additional limitations on allowed uses.
g.
Fences. For the purposes of this Section, the term "fence" includes fences, hedges, walls or structures in the nature of a fence.
1)
On design sites containing multifamily dwellings that comply with the building type standards of Subsection D (Building Types), fences are allowed subject to the standards given for single-family dwellings in Section 20-30.060 (Fences, walls, and screening) and the height allowances in Table 3-1 (Maximum Height of Fences).
2)
All other standards in Section 20-30.060 (Fences, walls, and screening) shall apply.
TABLE 2-19—BUILDING TYPES AND DESIGN SITE SIZE
(Image not reproduced in this text.)
| Key | ||||||
|---|---|---|---|---|---|---|
| Design Site | ||||||
| Line/ |
||||||
| Public Realm | ||||||
| Boundary | ||||||
| Figure 2-19 | ||||||
| Design Site | ||||||
| Dimensions | ||||||
| Allowed Primary | Standards | Width | Depth | MMH Small | MMH Medium | |
| Building Types | A | B | (-MMH-S) | (-MMH-M) | ||
| Duplex Side-by-Side | Table 2-24 | 40' min. | 100' min. | |||
| • | ||||||
| Duplex Stacked | Table 2-25 | 35' min. | 100' min. | |||
| • | ||||||
| Cottage Court | Table 2-26 | 80' min. | 120' min. | |||
| • | ||||||
| Triplex/ |
Table 2-27 | 50' min. | 100' min. | |||
| • | • | |||||
| Multiplex | Table 2-28 | 50' min. | 100' min. | |||
| • |
| TABLE 2-19—BUILDING TYPES AND DESIGN SITE SIZE | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Townhouse Run | Table 2-29 | 65' min. | 100' min. | • | • | |||||
| Courtyard Building | Table 2-30 | 80' min. | 120' min. | • | ||||||
| • = Building type is allowed in the indicated MMH zone. | ||||||||||
| Accessory and Junior Accessory Dwelling Units | ||||||||||
| See Section 20-42.130 (Accessory dwelling units) for standards. |
||||||||||
| TABLE 2-20—BUILDING PLACEMENT | ||||||||||
| Key Design Site — Building Line/ Buildable Area Public Realm Boundary |
||||||||||
| Figure 2-20 | ||||||||||
| Setback (Distance from ROW/ |
MMH Zone | |||||||||
| MMH Small (-MMH-S) | MMH Medium (-MMH-M) | |||||||||
| C | Front | 10' min. | 25' max. | 10' min. | 20' max. | |||||
| D | Side Street | 10' min. | 20' max. | 10' min. | 15 max. | |||||
| E | Side | 5' min.1 | — | 5' min.1 | — | |||||
| F | Rear | 15' min | — | 15' min | — |
TABLE 2-20—BUILDING PLACEMENT¶
Accessory and Junior Accessory Dwelling Units
See Section 20-42.130 (Accessory dwelling units) for standards.
Accessory Structures
See Section 20-42.030 (Accessory structures and uses) for standards.
Encroachments into Minimum Setbacks
Architectural features, including ramps and stairs, may encroach into minimum setbacks a maximum of 5 feet.
Existing structures may encroach into minimum setbacks without limitation.
Encroachments are not allowed within a ROW or across a design site line.
Additional Standards
For standards on measurement and use of setbacks, see Subsection 20-30.110 (Setback requirements and exceptions).
1 No interior side setback required between Townhouses in a Townhouse Run.
TABLE 2-21—BUILDING FORM¶
(Image not reproduced in this text.)
Key
Design Site Line/Property Public Realm Boundary
Figure 2-21
Height MMH Small (-MMH-S) MMH Medium (-MMH-M)
| TABLE 2-21—BUILDING FORM | ||||||
|---|---|---|---|---|---|---|
| Stories | 2 max. | 3 max. | ||||
| G | To Highest Eave/ |
25' max. | 35' max. | |||
| H | Overall Height | 35' max. | 45' max. | |||
| Ground Floor Finish Floor Level Above Grade | ||||||
| I | Residential Uses | 6" min. or Base Flood Elevation plus 1', whichever is greater | ||||
| I | Non-Residential Uses | Flush with sidewalk | ||||
| Common entrances may be set at grade in compliance with local and federal accessibility standards. | ||||||
| Depth of Ground Floor Habitable Space along Front Facade | ||||||
| J | Cottage Court | 12' min. | N/A | |||
| J | All Other Building Types | 20' min. | 20' min. | |||
| Ground Floor Ceiling Clear Height | ||||||
| K | Residential Uses | 9' min. | ||||
| K | Non-residential Uses | 10' min. | ||||
| Accessory and Junior Accessory Dwelling Units | ||||||
| See Section 20-42.130 (Accessory dwelling units) for standards. |
||||||
| Accessory Structures | ||||||
| See Section 20-42.030 (Accessory structures |
and uses) for standards. | |||||
| Building | Footprint and Massing | |||||
| See Subsection 20-28.100.D (Building Types) | for standards applicable to the selected building type(s). | |||||
| TABLE 2-22—PRIVATE FRONTAGES | ||||||
| Allowed Frontage Types |
Standards | MMH Small (-MMH-S) | MMH Medium (-MMH-M) | |||
| Porch Projecting | Table 2-31 | • | • | |||
| Porch Engaged | Table 2-32 | • | • | |||
| Dooryard | Table 2-33 | • | • | |||
| Stoop | Table 2-34 | • | • |
| TABLE 2-22—PRIVATE FRONTAGES | |||||||
|---|---|---|---|---|---|---|---|
| Allowed Frontage Types |
Standards | MMH Small (-MMH-S) | MMH Medium (-MMH-M) | ||||
| Forecourt | Table 2-35 | • | • | ||||
| Shopfront | Table 2-36 | •1 | •1 | ||||
| Terrace | Table 2-37 | •1 | |||||
| • = |
Frontage type is allowed in the indicated MMH zone. | ||||||
| 1 | Allowed in flex sub-zone only | ||||||
| TABLE 2-23—VEHICULAR AND BICYCLE PARKING | |||||||
| Key Design Site Building Line/ Parking Area Public Realm Boundary |
|||||||
| Figure 2-22 | |||||||
| Vehicular Spaces | MMH Small (-MMH-S) | MMH Medium (-MMH-M) | |||||
| Studio or 1 Bedroom | 1.25 max. per unit | 1 max. per unit | |||||
| 2 or More Bedroom | 2 max. per unit | 1.5 max. per unit |
| TABLE 2-23—VEHICULAR AND BICYCLE PARKING | |||
|---|---|---|---|
| Non-residential <1,000 sf per building |
0 min. | 0 min. | |
| Non-residential >1,000 sf per building |
1.5 max. per 1,000 sf above first 1,000 sf |
1 max. per 1,000 sf above first 1,000 sf |
|
| Bicycle Spaces | |||
| Studio or 1 Bedroom | 1 min. per unit | 1 min. per unit | |
| 2 or More Bedroom | 2 min. per unit | 1.5 min. per unit | |
| Non-residential Uses | See Section 20-36.040,Table 3-4 for standards. |
||
| Setback (Distance from ROW/ |
|||
| L | Front | 45' min. | 40' min. |
| M | Side Street | 20' min. | 20' min. |
| N | Side | 5' min. | 5' min. |
| O | Rear | 5' min. | 5' min. |
| Parking spaces may be grouped with spaces required for adjacent uses and may be located on any lot or design site within the same block as the use for which the spaces are required. |
|||
| Bicycles may be parked anywhere on design site, in compliance with pedestrian and vehicular access standards. |
|||
| Driveway and Parking Access | |||
| P | Curb Cut Width | Per Santa Rosa Street Design and Construction Standards. | |
| O | Driveway Width | ||
| Serving 1-7 spaces | 10' min.; 12' max.1 | 10' min.; 12' max.1 | |
| Serving >8 spaces |
10' min.; 20' max.1 | 10' min.; 26' max.1 | |
| Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width. | |||
| Driveway access on corner design sites shall be from side street or rear. | |||
| If rear or side design site line abuts an alley, parking shall be accessed from the alley unless precluded by existing or proposed structure(s) and/ |
|||
| Additional Standards | |||
| For additional standards, see Chapter 20-36 (Parking and Loading Standards). |
|||
| 1 | Driveway width may exceed max. where parking is accessed from alley, to accommodate emergency vehicles, or to meet City design standards—such as to provide access to public utilities under the driveway. |
Multiple Building Site Design.
a.
Purpose. The purpose of this Subsection is to establish site planning standards for projects which include multiple primary structures. These standards help ensure a pattern of walkable development that maintains consistency of form and scale between new development and existing neighborhoods.
b.
Applicability. The standards of this Subsection apply to any project which proposes more than one primary structure.
c.
Sites of Four Acres or More. Parcels of four acres or more shall be designed according to the standards provided in Subsection F (Requirements for Sites of Four Acres or More). For more information and for an example of how these standards are applied, see Section 4.2 (Designing Large Sites as Walkable Neighborhoods) in the Guidance Document.
d.
Design Sites for Multiple Primary Structures. If more than one primary structure is proposed on an existing parcel, design sites shall be used to organize the project site, according to the standards in Subsection 2028.100.C.5.e (Lots and the Configuration of Design Sites). For more information and for an example of how design sites are applied, see Section 4.1 (Design Sites for Multiple Buildings) in the Guidance Document.
Exception: An existing parcel 100 feet or less in width along the street frontage and at least 175 feet deep that is not a corner lot, reverse corner lot, or through lot—see Figure 7-1 (Lot Types) in Section 20-70.020 for
more information on identifying lot types—may include more than one building type without using design sites to organize the project site, if all of the following standards are met:
(a)
New primary structures shall be arranged around a common space that accommodates both vehicles and pedestrians—see Figure 2-23 (Multiple Buildings on a Lot Without Design Sites).
(b)
Primary entrance(s) to the building(s) closest to the street shall orient toward and be accessed from the street (see Figure 2-23).
(c)
Each primary entrance shall include a frontage type meeting the standards provided in Subsection E (Frontage Types).
(d)
At least 50% of the ground floor space of each building shall be habitable.
(e)¶
The area between all habitable space and the pavement of the common space shall be landscaped, averaging at least 2 feet in width along each facade.
(f)
Pavement surfaces may be stamped concrete, pavers, brick, and/or grasscrete. No more than 20% of the surface area may be asphalt or untextured concrete.
(Image not reproduced in this text.)
| Lot Line | Frontage Type | ||
|---|---|---|---|
| Building Setback Line | Common Space | ||
| Figure 2-23 — Multiple Buildings on a Lot Without Design Sites |
e.
Lots and the Configuration of Design Sites.
1)
Legal Status and Ownership. Design sites provide a way of organizing multiple primary units on a single development site and may either remain under single ownership, be subject to a condominium agreement, or be subdivided and sold as individual lots.
2)
Public Realm. Elements constituting the public realm may be either publicly or privately owned but must be accessible to the public between the hours of 7 AM and 9 PM, 7 days a week. For the purposes of this Section, the public realm consists of any of the following elements:
(a)
Existing rights-of-way, not including alleys or driveways;
(b)
Existing public park(s) and/or civic space(s);
(c)
Thoroughfare types identified in Subsection H (Thoroughfare Types), not including alleys or driveways; and/or
(d)
Civic space types identified in Subsection G (Civic Space Types).
3)
The public realm determines where design sites may be located. Design site(s) that do not front onto the public right-of-way shall front onto extension(s) of the public realm into the project site. See the sidebar on p. 55 of the Guidance Document (Example Applications of Design Sites) for an explanation of this technique. For an example of how new thoroughfares and civic space may be used to organize a site, see the sidebar on p. 57 of the Guidance Document (Example Application of Walkable Neighborhood Design Standards).
(a)
Each design site shall abut the public realm along the front design site line;
(b)
The side and/or side street design site line(s) shall abut the public realm, an alley or driveway, or another design site;
(c)
The rear design site line(s) shall abut an alley, driveway or another design site.
D. Building Types.
1.
Purpose. This Subsection provides the standards for development of individual building types to achieve the intended physical character of each zone, offering a greater range of housing choices, unit sizes, and price points within walkable neighborhoods. Building types are used to articulate size, scale, and intensity
according to the intent of each zone. For more information, see Chapter 2 (Building Types) in the Guidance Document.
2.
Applicability. The standards of Subsection D (Building Types) apply to new buildings and additions using the MMH Bonus entitlement for the purpose of allowing the proposed total number of dwelling units.
a.
Existing Structures.
1)
If the existing structure's height, Main Body, and/or Wing(s) exceed the maximum dimensions given for the selected building type, the maximum dimensions shall not apply, provided that no additional height is added and no additional square footage is added to the Main Body footprint. Wing(s) may be added up to the full dimensions given for Wings, as allowed by the building type and setback standards.
2)
Primary Entrance Location standards for the selected building type shall not apply to existing primary entrances.
3)
Minimum open space dimensions do not apply to existing structures.
3.
General Standards.
a.
Each design site shall have only one primary building type. Standards for multiple primary structures on a site are provided as follows:
1)
The Cottage Court building type may consist of up to nine individual buildings. See Table 2-26—Cottage Court;
2)
More than one building type is allowed on a parcel that identifies multiple proposed design sites that meet the standards of this Section, or which meets the exception criteria under Subsection 20-28.100.C.5.d.1. See Subsection 20-28.100.C.5 (Multiple Building Site Design).
b.
The maximum number of units identified for each building type is subject to the design site's capacity to comply with all applicable standards. The maximum listed unit count may not be achievable on all design sites.
c.
Main Body and Wings.
1)
A Main Body is required for each building type. Wings are optional for the building types for which Wing standards are provided.
2)
An internal connection is allowed but not required between the Main Body and Wing(s).
3)
Separation between Wings applies only between Wings of the same building, not between adjacent design sites.
d.
On-Site Open Space. Open space shall be provided on the design site for each building type according to the open space type (private or common) and amount indicated. The identified amount is for the entire building type unless otherwise specified. Open space types not listed are not required for that building type.
e.
Individual building designs may vary from the diagrams for each building type in compliance with the standards of this Section.
f.
New buildings and their improvements are subject to the City's local standards for Fire Safety and Building Safety.
4.
Building Type Standards. This Subsection contains the standards for each allowed building type. For examples of each type, see pages 30 — 36 in the Guidance Document.
a.
Duplex Side-By-Side.
1)
Description. A small-to-medium-sized detached building with small-to-medium setbacks and a rear yard.
The building consists of two side-by-side units, both facing the street and within a single-building massing. This type has the appearance of a small-to-medium single-family home and is scaled to fit within lowerintensity neighborhoods.
2)
Table 2-24 contains the standards applicable to the Duplex Side-by-Side building type. (Note that the diagrams illustrate two adjacent design sites.)
| TABLE 2-24—DUPLEX SIDE-BY-SIDE | |
|---|---|
| Number of Units | |
| Units per Primary Structure | 2 max. |
| Primary Structures per Design Site | 1 max. |
TABLE 2-24—DUPLEX SIDE-BY-SIDE¶
(Image not reproduced in this text.)
| TABLE 2-24—DUPLEX SIDE-BY-SIDE | |||||
|---|---|---|---|---|---|
| Key Design Site Building Setback Line |
Key Design Site Frontage Type Setback Line Open Space |
||||
| Figure 2-24 | Figure 2-25 | ||||
| Building Size and Massing | Main Body | Wing(s) | |||
| Height (Stories) | 2 max. | N/A | |||
| Width | A | 48' max. | N/A | ||
| Depth | B | 50' max. | N/A | ||
| Pedestrian Access | |||||
| C | Primary Entrance Location | Front Street or Side Street | |||
| Each unit shall have an individual entrance. | |||||
| Vehicular Access and Parking | |||||
| D | Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle Parking). |
||||
| Common Open Space | |||||
| E | Width | 15' min. | |||
| F | Depth | 10' min. | |||
| Open space not required if building is located within an 800-foot walking distance of a public park or other civic space. |
|||||
| Required setbacks and driveways do not count toward open space. | |||||
| Required open space shall be located behind the main body of the building. |
b.
Duplex Stacked.
1)
Description. A small-to-medium-sized detached building with small-to-medium setbacks and a rear yard. The building consists of two stacked units, both facing the street and within a single building massing. This type has the appearance of a small-to-medium single-family home and is scaled to fit within lower-intensity neighborhoods.
2)
Table 2-25 contains the standards applicable to the Duplex Stacked building type. (Note that the diagrams illustrate two adjacent design sites.)
TABLE 2-25—DUPLEX STACKED¶
Number of Units Units per Primary Structure 2 max. Primary Structures per Design Site 1 max.
(Image not reproduced in this text.)
| Key | ||||||
|---|---|---|---|---|---|---|
| Design Site | Building Site | Design Site | Frontage Type | |||
| Setback Line | Setback Line | Open Space | ||||
| Figure 2-26 | Figure 2-27 | |||||
| Building Size and Massing | Main Body | Wing(s) | ||||
| Height (Stories) | 2 max. | 1 max. | ||||
| Width | A | 36' max. | C | 15' max. | ||
| Depth | B | 50' max. | D | 20' max. | ||
| Separation between | N/A | 15' | min. | |||
| Wings | ||||||
| Offset from Main Body | N/A | E | 2' min. |
| TABLE 2-25—DUPLEX STACKED | |||
|---|---|---|---|
| Pedestrian Access | |||
| F | Primary Entrance Location | Front Street or Side Street | |
| Each unit | shall have an individual entrance. | ||
| Vehicular | Access and Parking | ||
| G | Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle Parking). |
||
| Common | Open Space | ||
| H | Width | 15' min. | |
| H | Depth | 10' min. | |
| Open space not required if building is located within an 800-foot walking distance of a public park or other civic space. |
|||
| Required | setbacks and driveways do not count toward open space. | ||
| Required | open space shall be located behind the main body of the building. |
c.
Cottage Court.
1)
Description. A group of three to nine small, detached, house-scale buildings arranged to define a shared court open to and visible from the street. The shared court is common open space becoming an important community-enhancing element. The type is scaled to fit within low-to-moderate-intensity neighborhoods and in non-residential contexts. Synonym: Bungalow Court.
2)
Table 2-26 contains the standards applicable to the Cottage Court building type.
| TABLE 2-26—COTTAGE COURT | |
|---|---|
| Number of Units | |
| Units per Cottage | 1 max.; 2 max. for building(s) closest and/ from the front design site line. |
| Cottages per Design Site | 3 min.; 9 max. |
TABLE 2-26—COTTAGE COURT¶
(Image not reproduced in this text.)
Key
Design Site Building Setback Line
Key
Design Site Frontage Type Setback Line Open Space
| Setback Line | Setback Line Op |
en Space | |
|---|---|---|---|
| Figure 2-28 | Figure 2-29 | ||
| Building Size and Massing | Main Body | Wing(s) | |
| Height (Stories) | 1.5 | max. | N/A |
| Width | A | 32' max. | N/A |
| Depth | B | 35' max.; 64' max. for | N/A |
| rearmost building | |||
| Separation between Cottages | C | 7' min. | N/A |
| Pedestrian Access | |||
| D Shared court shall be accessible from front street. |
|||
| E Setback Between Pedestrian Path and Building Facades |
|||
| 5'min. | |||
| Primary entrance to units shall be from shared court. | |||
| Units on a corner may enter from the side street. | |||
| Pedestrian connections shall connect all buildings to the public ROW, shared court, and parking areas. | |||
| Vehicular Access and Parking | |||
| F Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle |
|||
| Parking). | |||
| Common Open Space |
| TABLE 2-26—COTTAGE COURT | |||
|---|---|---|---|
| G | Width | 15' min. | |
| H | Depth | 60' min. (3-4 units) 80' min. (5-9 units) |
|
| Required | setbacks and driveways do not count toward open space. |
d.
Triplex/Fourplex.
1)
Description. A small-to-medium-sized, detached, house-scale building that consists of three to four side-byside and/or stacked units, typically with one shared entrance or individual entrances along the front. The type has the appearance of a medium-sized, single-unit house and is scaled to fit within low- to moderateintensity neighborhoods.
2)
Table 2-27 contains the standards applicable to the Triplex/Fourplex building type. (Note that the diagrams illustrate two adjacent design sites.)
TABLE 2-27—TRIPLEX/FOURPLEX¶
Number of Units
Units per Primary Structure 3 min.; 4 max. Primary Structures per Design Site 1 max. Key Key Design Site Frontage Type Design Site Building Setback Line Setback Line Open Space Figure 2-30 Figure 2-31 Building Size and Massing Main Body Wing(s) -MMH-S -MMH-M -MMH-S -MMH-M
| TABLE 2-27—TRIPLEX/ |
|||||||||
|---|---|---|---|---|---|---|---|---|---|
| Height | (Stories) | 2 max. | 3 max. | 1 max. | 2 max. | ||||
| Width | A | 48' max. | C | 20' max. | |||||
| Depth | B | 60' max. | D | 20' max. | |||||
| Separation between Wings | N/A | 15' min. | |||||||
| Offset from Main Body | N/A | E | 2' min. | ||||||
| Pedestrian Access | |||||||||
| F | Primary Entrance Location | Front Street or Side | Street | ||||||
| Each unit shall have an individual entrance. | |||||||||
| Vehicular Access and Parking | |||||||||
| G | Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle Parking). |
||||||||
| Common Open Space | |||||||||
| H | Width | 15' min. | |||||||
| H | Depth | 15' min. | |||||||
| Open space not required if building is located within an 800-foot walking distance of a public park or other civic space. |
|||||||||
| Required setbacks and driveways do not count toward open space. | |||||||||
| Required open space shall be located behind the main body of the building. |
e.
Multiplex.
1)
Description. A medium-to-large-sized, detached, house-scale building that consists of 5 to 12 side-by-side and/or stacked units, typically with one shared entrance. The type is scaled to fit within moderate-intensity neighborhoods. Synonym: Mansion Apartment.
2)
Table 2-28 contains the standards applicable to the Multiplex building type. (Note that the diagrams illustrate two adjacent design sites.)
| TABLE 2-28—MULTIPLEX | |
|---|---|
| Number of Units | |
| Units per Primary Structure | 5 min.; 12 max. |
| Primary Structures per Design Site | 1 max. |
TABLE 2-28—MULTIPLEX¶
(Image not reproduced in this text.)
Key
Design Site Building Setback Line
Key
Design Site Frontage Type Setback Line Open Space
| Setback Line | S | S | etbac | k Line Open Space |
||
|---|---|---|---|---|---|---|
| Figure 2-32 | Figure | 2-33 | ||||
| Building Size and | Main Body | Wing(s) | ||||
| Massing | ||||||
| Height (Stories) | 3 max. | 2 max.; 3 max. if offset from main body by | ||||
| 5' min. | ||||||
| Width | A 60' max. |
C | 30' max. | |||
| Depth | B 60' max. |
D | 30' max. | |||
| Separation | N/A | 15' min. | ||||
| between Wings | ||||||
| Offset from Main | N/A | E | 2' min. | |||
| Body | ||||||
| Pedestrian Access | ||||||
| F Primary Entrance Location |
Front Street | |||||
| Units located in the main body shall be accessed by a common entrance along the front street. On corner | ||||||
| design sites, units in | a wing may enter from the side street. | |||||
| Vehicular Access and Parking | ||||||
| G Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle |
||||||
| Parking). | ||||||
| Common Open Space | ||||||
| Common open space is not required. |
f.
Townhouse Run.¶
1)
Description. A small-sized, house-scale building consisting of up to four townhouses side by side. Each townhouse consists of one to three units (stacked vertically), as allowed by the zone, and a series of townhouses that are attached along their side walls to form a single continuous building constitute a run. The type is typically located within low-to-moderate-intensity neighborhoods. Synonym: Rowhouse Run. 2)
Table 2-29 contains the standards applicable to the Townhouse Run building type. (The diagrams illustrate one design site with three townhouses.)
| TABLE 2-29—TOWNHOUSE RUN | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Number of Units | -MMH-S | -MMH-M | |||||||
| Units per Townhouse | 1 max. | 3 max. | |||||||
| Townhouses per Run | 5 max. | 8 max. | |||||||
| Key Design Site Building Setback Line |
Key Design Site Frontage Type Setback Line Open Space |
||||||||
| Figure 2-34 | Figure 2-35 | ||||||||
| Building Size and Massing |
Main Body | Wing(s) | |||||||
| -MMH-S | -MMH-M | -MMH-S | -MMH-M | ||||||
| Height (Stories) | 2 max. | 3 max. | 1 max. | 2 max. | |||||
| Width (per Townhouse) | A | 16' min. | C | 12' max. | |||||
| Depth (per Townhouse) | B | 50' max. | D | 10' max. |
| TABLE 2-29—TOWNHOUSE RUN | ||||||
|---|---|---|---|---|---|---|
| Separation between Wings |
N/A | E | 7' min. | |||
| Pedestrian Access | ||||||
| F | Primary Entrance Location | Front Street | ||||
| Each unit shall have an individual entrance facing the public realm. | ||||||
| Vehicular Access and Parking | ||||||
| G | Driveway and parking location shall comply with standards Parking). |
in Table 2-23 (Vehicular and Bicycle | ||||
| Private or Common Open Space (per Townhouse) | ||||||
| H | Width | 8' min. | ||||
| H | Depth | 8' min. | ||||
| Open space not civic space. |
required if building is located within an 800-foot walking distance of a public park or other | |||||
| Required setbacks and driveways do not count toward open space. | ||||||
| Required open space shall be located behind the main body of the building. |
g.
Courtyard Building.
1)
Description. A detached, house-scale building that consists of up to 18 attached and/or stacked units, accessed from a shared courtyard. The shared court is common open space and takes the place of a rear setback. The type is typically integrated more consistently into moderate-intensity neighborhoods. Synonym: Courtyard Apartment.
2)
Table 2-30 contains the standards applicable to the Courtyard Building building type.
| TABLE 2-30—COURTYARD BUILDING | |
|---|---|
| Number of Units | |
| Units per Primary Structure | 8 min.; 18 max. |
| Primary Structures per Design Site | 1 max. |
TABLE 2-30—COURTYARD BUILDING¶
(Image not reproduced in this text.)
Key
Design Site Building Setback Line
Key
Design Site Frontage Type Setback Line Open Space
Setback Line |
Setback Line Open Space |
Setback Line Open Space |
Setback Line Open Space |
|||
|---|---|---|---|---|---|---|
| Figure 2-36 | Figure 2-37 | |||||
| Building Size and | Main Body | Wing(s) | ||||
| Massing | ||||||
| Height (Stories) | 3 | max. | N/A | |||
| Main Body | ||||||
| Width | A | 100' max. | N/A | |||
| Depth | B | 100' max. | N/A | |||
| Pedestrian Access | ||||||
| C Primary |
Courtyard or Street | |||||
| Entrance | ||||||
| Location | ||||||
| The main entrance to ground floor units shall be directly from the courtyard or street, whichever is closer. | ||||||
| Vehicular Access and Parking | ||||||
| D Driveway and parking location shall comply with standards in Table 2-23 (Vehicular and Bicycle |
||||||
| Parking). | ||||||
| Common Open Space | ||||||
| E Width (Clear) |
25' min. | |||||
| F Depth (Clear) |
45' min. |
TABLE 2-30—COURTYARD BUILDING¶
Courtyard(s) shall be accessible from the front street.
Building shall define at least two walls of the courtyard.
E.
Frontage Types.
1.
Purpose. This Subsection provides the standards for private frontages, regulated according to discrete frontage types that are designed to provide reliable means of connecting private interiors with the streetscape. For more information, see Chapter 3 (Frontage Types) in the Guidance Document.
2.
Applicability. The standards of Subsection E (Frontage Types) apply to new buildings and additions using the MMH Bonus entitlement for the purpose of allowing the proposed total number of dwelling units and which propose the addition, improvement, or modification of pedestrian entrance(s) along a front or side street.
a.
Existing Structures.¶
1)
Any dimensional standard for a selected frontage type may be administratively increased or decreased by up to two feet to accommodate an existing private frontage.
3.
General Standards.
a.
Each primary structure shall include at least one frontage type along the front street or adjacent civic space where building/unit entries occur. Buildings with entrance(s) along side street(s) are required to include at least one frontage type on those facades. The Cottage Court and Courtyard building types are only required to have frontage types on the court. Each building may have multiple frontage types in compliance with the allowed types in Table 2-22 (Private Frontages).
b.
Each primary entrance shall be accessed through one of the frontage types identified in this Subsection.
c.
Each frontage type shall be located between the minimum and maximum setbacks per Table 2-20 (Building Placement) and shall provide access to at least one entrance.
4.
Frontage Type Standards. This Subsection contains the standards for each allowed frontage type. The standards in Tables 2-31 — 2-37 apply irrespective of whether the frontage type is oriented toward a front street, side street, or other public realm element. For examples of each type, see pages 44 — 50 in the Guidance Document.
a.
Porch Projecting.
1)
Description. The main facade of the building is set back from the front design site line with a covered structure encroaching into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street, subject to the standards in Subsection 20-28.100.C.4.f (Fences). The Porch may be one or two stories and is open on three sides, with all habitable space located behind the building setback line.
Table 2-31 contains the standards applicable to the Porch Projecting frontage type.
TABLE 2-31—PORCH PROJECTING¶
(Image not reproduced in this text.)
| Key | ||
|---|---|---|
| Design Site Line | Design Site Line | |
| Setback Line | Setback Line | |
| Figure 2-38 | Figure 2-39 | |
| Dimensions | ||
| A Width, Clear |
10' min.1 | |
| B Depth, Clear |
6' min. | |
| C Height, Clear |
8' min. | |
| Stories | 2 stories max.1 | |
| D Finish Level above Sidewalk |
12" min.; 0" min. if clear depth is at least 8'.2 | |
| E Pedestrian Access Width |
3' min. | |
| Miscellaneous | ||
| Porch shall be open on three sides and have a roof. Clear glass may be installed between the porch | ||
| columns if the dimensions of individual panes are 12" or greater. | ||
| 1 When applied to the Cottage Court building type, reduce to 8' min. width and 1 story max. |
||
| 2 Common entrances may be set at grade per local and federal accessibility standards. |
b.
Porch Engaged.
1)
Description. A portion of the main facade of the building projects into the front setback to create an area for a covered structure that projects from the rest of the facade that is set back. The resulting yard may be defined by a fence or hedge to spatially define the edge of the street, subject to the standards in Subsection
20-28.100.C.4.f (Fences). The Porch may be one or two stories and may have two or three adjacent sides that are engaged to the building with at least one side open.
Table 2-32 contains the standards applicable to the Porch Engaged frontage type.
TABLE 2-32—PORCH ENGAGED
(Image not reproduced in this text.)
| TABLE 2-32—PORCH ENGAGED | |||
|---|---|---|---|
| Key Design Site Line Setback Line |
|||
| Figure 2-40 | Figure 2-41 | ||
| Dimensions | |||
| A | Width, Clear | 10' min.; 8' min for Cottage Court building type | |
| B | Depth, Clear | 6' min. | |
| C | Height, Clear | 8' min | |
| Stories | 2 stories max. | ||
| D | Finish Level above Sidewalk | 12" min.; 0" min. if clear depth is at least 8'1 | |
| E | Pedestrian Access Width | 3' min. | |
| Encroachment Area of Building Façade | |||
| F | Depth | 6' max. | |
| G | Width | 1/3 min. of overall building façade2 | |
| Miscellaneous | |||
| Porch shall be open on at least one side and have a roof. Clear glass may be installed between the porch columns if the dimensions of individual panes are 12" or greater. |
|||
| 1 | Common entrances may be set at grade per local and federal accessibility standards. |
TABLE 2-32—PORCH ENGAGED¶
2 Encroachment width may not exceed width of Porch A.
c.
Dooryard.
1)
Description. The main facade of the building is set back from the front design site line, which is defined by a low wall or hedge—with or without a gate—to create a small private area between the sidewalk and the facade. Each Dooryard is separated from adjacent Dooryards. The Dooryard may be raised or at grade. 2)
Table 2-33 contains the standards applicable to the Dooryard frontage type.
TABLE 2-33—DOORYARD¶
(Image not reproduced in this text.)
Key Key Design Site Line Design Site Line Setback Line Setback Line
| Key Design Site Line Setback Line |
||
|---|---|---|
| Figure 2-42 | Figure 2-43 | |
| Dimensions | ||
| A | Depth, Clear | 6' min. |
| B | Width, Clear | 15' min. |
| C | Distance between Glazing | 4' max. |
| D | Depth of Recessed Entrances | 3' max. |
| E | Pedestrian Access Width | 3' min. |
| F | Height of Dooryard Fence/ |
36" max.; see also § 20-28.100.C.4.f (Fences) |
| Level | ||
| Miscellaneous |
TABLE 2-33—DOORYARD¶
Each Dooryard shall provide access to only one ground floor entrance.
d.
Stoop.
1)
Description. The main facade of the building is near the front design site line with steps to an elevated entrance. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk.
2)
Table 2-34 contains the standards applicable to the Stoop frontage type.
TABLE 2-34—STOOP¶
(Image not reproduced in this text.)
Key Key Design Site Line Design Site Line Setback Line Setback Line
| Key Design Site Line Setback Line |
|
|---|---|
| Figure 2-44 | Figure 2-45 |
| Dimensions | |
| A Width, Clear |
4' min. |
| B Depth, Clear |
3' min. |
| C Finish Level above Sidewalk |
12'-0" max. |
| D Depth of Recessed Entrances |
8'-0" max. from face of exterior wall |
| Miscellaneous | |
| Each Stoop shall provide access to only one ground floor entrance. | |
| Gates are not allowed. |
e.
Forecourt.
Description. The main facade of the building is at or near the front design site line and a portion is set back, extending the public realm into the design site to create an entrance court or shared garden space for housing, or an additional shopping or restaurant seating area within retail and service areas.
2)
Table 2-35 contains the standards applicable to the Forecourt frontage type.
TABLE 2-35—FORECOURT¶
(Image not reproduced in this text.)
| Key | |
|---|---|
| Design Site Line Design Site Line |
|
| Setback Line Setback Line |
|
| Figure 2-46 Figure 2-47 |
|
| Dimensions | |
| A | Width, Clear 15' min. |
| B | Depth, Clear 10' min. |
| C | Depth of encroachment for other frontage 1/4 width of forecourt dimension, max. |
| types, awnings, and balconies (per side) | |
| D | Height of Fence/ 36" max.; see also § 20-28.100.C.4.f (Fences) |
| Miscellaneous | |
| Forecourt may be used to group several entrances at a common elevation in compliance with the MMH | |
| zone's ground floor finish level standards. |
f.
Shopfront.
1)
Description. The main facade of the building is at or near the front design site line with at-grade entrance from the sidewalk. The type is intended for service, retail, or restaurant use and includes substantial glazing between the Shopfront base and the ground floor ceiling. This type may include an awning that overlaps the sidewalk.
Table 2-36 contains the standards applicable to the Shopfront frontage type.
TABLE 2-36—SHOPFRONT¶
(Image not reproduced in this text.)
| Key | ||
|---|---|---|
| Design Site Line | Design Site Line | |
| Setback Line | Setback Line | |
| Figure 2-48 | Figure 2-49 | |
| Dimensions | ||
| A | Distance between Glazing | 2' max. |
| B | Depth of Recessed Entrances | 5' max. |
| C | Finish Level above Sidewalk | 0" min; 24" max. |
| Ground Floor Glazing between Sidewalk and | 75% min. | |
| Finished Ceiling Height | ||
| Awning (Allowed/ |
||
| D | Depth | 5' max. |
| E | Height, Clear | 10' min. |
g.
Terrace.
1)
Description. The main facade is at or near the front design site line with steps leading to an elevated area providing pedestrian circulation along the facade to connect multiple entrances. The type is used for retail, service, office uses, or housing to provide outdoor areas along the sidewalk and/or to accommodate an existing or intended grade change.
2)
Table 2-37 contains the standards applicable to the Terrace frontage type.
TABLE 2-37—TERRACE¶
(Image not reproduced in this text.)
| Key | ||
|---|---|---|
| Design Site Line | Design Site Line | |
| Setback Line | Setback Line | |
| Figure 2-50 | Figure 2-51 | |
| Dimensions | ||
| A | Depth, Clear | 8' max. residential |
| 12' max. non-residential | ||
| B | Finish Level above Sidewalk | 36" max. |
| C | Distance between Stairs | 25' max. |
| Miscellaneous | ||
| Terrace may be utilized to group several entrances at a common elevation in compliance with the MMH | ||
| zone's ground floor finish level standards. | ||
| Ramps shall be integrated along the side of the building to connect with the Terrace. |
F.
Requirements for Sites of Four Acres or More.
1.
Purpose. This Subsection sets forth site design standards for the creation of new blocks and a pattern of walkable development. For more information, see Chapter 4 (Large Sites) in the Guidance Document. 2.
Applicability. The entirety of this Subsection applies to any project that includes four acres or more. 3.
Organization of the Site into Blocks. Projects of four acres or more shall be composed of blocks and/or halfblocks meeting the standards in this Subsection.
a.
Blocks.
1)
Definition. A block is an area of land defined on all sides by the public realm (see Figure 2-52).
2)
New blocks are to be defined on all sides using public realm elements as identified in Subsection 2028.100.C.5.e.2 (Public Realm).
3)
Blocks are not required to be rectilinear and may be uniquely shaped in compliance with the following standards (see Figure 2-52):
(a)
Block Length. The largest distance from one side of a block to another, measured perpendicular to the block boundary, shall not exceed 600 feet.
(b)
Block Perimeter. The total length of all sides of the block shall not exceed 1,800 feet.
b.
Half-Blocks.
1)
Definition. A half-block is an area of land defined on one or more sides by the public realm, and on the
remaining side(s) by property line(s) separating the development site from other private land (see Figure 2- 52).
2)
Any side of a new half-block, with the exception of a side abutting other private land outside the
development site, shall be defined using one or more public realm elements as identified in Subsection 2028.100.C.5.e.2 (Public Realm).
3)
Half-blocks are not required to be rectilinear and may be uniquely shaped in compliance with the following standard:
(a)
Half-Block Depth. The largest distance from a public realm element to a property line separating the development site from other private land, measured perpendicular to the property line, shall not exceed 250 feet.
Text read from an image; its layout may differ:
Block Perimeter Design Site Line Development Site Boundary
Figure 2-52 - Block Size Standards
c.
Connectivity Standards for Public Realm Elements.
1)
Existing and proposed public realm elements shall comprise one contiguous pedestrian network throughout the project site and connected to the adjacent public ROW.
2)
New thoroughfares, not including alleys or driveways, shall align with the centerline of existing thoroughfares or right-of-way stubs abutting the development site.
3)
Right-of-way stubs, where used, shall be identified and include a notation that all stubs are to connect with future thoroughfares on adjoining property and be designed to transition in compliance with Subsection H (Thoroughfares).
4)¶
New dead-end streets and cul-de-sacs are not allowed, except where terminating at right-of-way stubs as described in item 3 above.
4.
Required Civic Space. A minimum of five percent of the gross project area, after subtracting street rights-of-
way and existing easements, shall be set aside as civic space. One or more civic spaces in compliance with the standards for civic space types identified in Subsection G (Civic Space Types) may be used to meet the required area.
a.
Civic space may be privately or publicly owned.
b.
Civic space shall meet all the following criteria:
1)
Connected to a Public Street: The outdoor area shall either abut a public street or be directly accessible from a public street through a pedestrian pathway that is recorded as a perpetual easement for public access.
2)
Level Grade: The outdoor area, or entrance to a pedestrian pathway providing access to a public open space area, shall be level with the public right-of-way it abuts.
3)
Publicly Accessible and Unobstructed: Civic space shall be publicly accessible year-round, seven days a week, between the hours of 7 AM and 9 PM. The outdoor area, or the pedestrian pathway that provides access to the open space area, shall not have any fences or obstructions on the side of the space where it abuts the public street except to the minimum extent necessary to comply with state and/or federal law (i.e., for safety purposes). Fences up to 42 inches tall are allowed along the perimeter of parks. Solid walls are not allowed.
4)¶
Restorative: Civic space shall contain vegetation and seating.
5)
Maintained: Civic space requires a deed restriction to ensure the property remains a maintained park in perpetuity. The property owner may close access to a privately-owned civic space for the duration of emergency repairs and/or maintenance, provided prompt written notice is given to the City.
c.
Design sites that abut or are across a thoroughfare from a civic space shall have a front design site line and/or primary building frontage oriented toward the civic space, in compliance with the standards in Tables 2-20 (Building Placement) and 2-22 (Private Frontages). See Figure 2-53 (Building Frontage Adjacent to a Civic Space) for reference.
(Image not reproduced in this text.)
Building Frontage Design Site Adjacent to Civic Space
Figure 2-53 — Building Frontage Adjacent to a Civic Space
d.
Civic space(s) may be used for stormwater management in compliance with Chapter 17-12 (Storm Water)
and the City of Santa Rosa's Low Impact Development Technical Design Manual.
G.
Civic Space Types.
1.
Purpose: This Subsection establishes the standards applicable to new civic space. These standards supplement the standards for each MMH zone.
2.
The Paseo thoroughfare type may be counted as civic space provided that:
a.
No more than 25 percent of the Paseo surface consists of asphalt or untextured concrete;
b.
Seating is provided within or adjacent to the Paseo at 100 feet max. intervals; and
c.
Landscaping is provided in planters at least 3 feet wide and 20 feet long at 50 feet max. intervals. See Subsection 20-28.100.H (Throughfares).
3.
Civic Space Type Standards. Tables 2-38 through 2-41 contain the standards applicable to each civic space type. Each civic space type is described as to its purpose and intent along with standards and
characteristics regarding general physical character, uses, size and location. Characteristics are considered
standards unless stated otherwise. For examples of each type, see pages 59 - 62 in the Guidance Document.
a.
Pocket Park/Plaza.
1)
Description. A small-scale space, serving the immediate neighborhood, available for informal activities and civic purposes, intended as intimate spaces for seating or dining.
2)
Table 2-38 contains the standards applicable to the Pocket Park/Plaza civic space type.
| TABLE 2-38—POCKET PARK/ |
|
|---|---|
| Size and Location | |
| Size | 40' x 40' min. |
| Pocket Park/ |
b.
Playground.
1)
Description. A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included. Playgrounds may be included within all other civic space types.
2)
Table 2-39 contains the standards applicable to the Playground civic space type.
| TABLE 2-39—PLAYGROUND | |
|---|---|
| Size and Location | |
| Size | 40' x 60' min. |
| At least one side of the Playground shall not abut a thoroughfare. |
c.
Passage.
1)
Description. A pedestrian pathway that extends from a public sidewalk or civic space. The pathway is lined by non-residential shopfronts and/or residential ground floors and pedestrian entrances as required by the MMH zone.
2)
Table 2-40 contains the standards applicable to the Passage civic space type.
| TABLE 2-40—PASSAGE | |
|---|---|
| Size and Location | |
| Size | 20' clear min. between buildings, or through buildings as a breezeway1 |
| Length | 150' clear max.; unlimited if extending from one public sidewalk or civic space to another |
| Passage shall abut a public sidewalk, thoroughfare, or civic space at one or both ends. |
TABLE 2-40—PASSAGE¶
Ground floor building frontage(s) oriented toward the Passage shall be in compliance with frontage types allowed in Table 2-24 (Private Frontages).
1 Dooryards, porches, patios, and sidewalk dining shall not encroach into the minimum required clear width.
d.
Greenway.
1)
Description. A multiple-block-long linear space designed for community gathering and as a path of travel for nearby residents and employees, defined by a tree-lined street on at least one side and by the building frontage(s) across the street(s). A Greenway plays an important role as a green connector between destinations.
2)
Table 2-41 contains the standards applicable to the Greenway civic space type.
| TABLE 2-41—GREENWAY | |
|---|---|
| Size and Location | |
| Size | 2 continuous blocks in length min. |
| Width | 50' min. |
| Greenway shall abut a thoroughfare on at least one side. | |
| Along its length, Greenway bicycles. |
shall incorporate path(s) of at least 10' in width for use by pedestrians and |
H.
Thoroughfare Types.
1.
New thoroughfares in projects subject to this Section shall be designed in compliance with Table 2-42
(Thoroughfare Types) and City of Santa Rosa Street Design and Construction Standards. For examples of each type, see pages 65 — 67 in the Guidance Document.
a.
Alleys and driveways are not considered thoroughfares or components of the public realm for the purposes of these standards and shall be used only along the rear or side of design site(s). Where an alley or driveway intersects the public realm, the pavement of the public realm shall prevail.
b.
The on-site thoroughfare network can be publicly or privately owned but must be accessible to the public between the hours of 7 AM and 9 PM, 7 days a week.
| TABLE 2-42—THOROUGHFARE TYPES | ||||
|---|---|---|---|---|
| Minor Street | Main Street | Paseo | ||
| Figure 2-54 | Figure 2-55 | Figure 2-56 | ||
| Street Classifications | ||||
| Equivalent City of Santa Rosa Street Classification1 |
Minor Street | Main Street | N/A | |
| Application | ||||
| Movement Type | Slow Vehicles | Pedestrian, Bicycle, Emergency Vehicle Access |
||
| Design Speed | 20 to 25 mph | 15 mph max. | ||
| Lane | Assembly2 | |||
| Travel Lanes | 10' min./max.3 | Min. 10' clear shared use |
||
| Bicycle Lanes (Optional) |
5' min.4 | path with 5' min. paving and/ each side (total 20' min.) |
||
| Parking Lanes | 8'min.4 | |||
| Center Median | ||||
| Where included, the center median shall be at least eight feet in width and planted to match the landscaping of the planting strips. Turn lanes shall comply with City standards. |
||||
| Public Frontage | ||||
| Sidewalks | 5' min.; 4' around obstructions |
10' min. (inclusive of curb) | See Lane Assembly | |
| Planting Strips (back of curb to front of sidewalk) |
6' min. | N/A | No min. | |
| Tree Grates | N/A | 5' x 5' min. | 4' x 4' min. | |
| 1 | The standards in this table are presented as optimal for Missing Middle Housing environments. All new streets accommodating private vehicles shall comply with City of Santa Rosa Street Design and Construction Standards. |
| TABLE 2-42—THOROUGHFARE TYPES | ||||
|---|---|---|---|---|
| Minor Street | Main Street | Paseo | ||
| 2 | Clear width of pavement shall comply with applicable fire department regulations where thoroughfare is to be used for emergency vehicle access. |
|||
| 3 | Travel lane width may increase to 12' where adjacent to curb, in compliance with City standards. | |||
| 4 | Where bike lane is adjacent to parking lane without physical separation or marked buffer, combined width of parking lane and bike lane shall be no less than 14 feet. |
I.
Measurement Methods.
1.
Methodology. Measurement of dimensions.
a.
Main Body. Width and depth of main body—see standards in Subsection 20-28.100.D (Building Types) for the selected building type(s)—shall be measured as follows:
1)
The width shall be generally parallel to the front.
2)
The depth shall be generally perpendicular to the front.
| 1) The 2) The |
width shall be generally parallel to the front. depth shall begenerally perpendicular to the front. |
width shall be generally parallel to the front. depth shall begenerally perpendicular to the front. |
|---|---|---|
| W | Width | |
| D | Depth | |
| Figure 2-57 — Measurement of Main Body |
b.
Wings and Accessory Structures. Width and depth of wings and accessory structures—see standards in Subsection 20-28.100.D (Building Types) for the selected building type(s)—shall be measured as follows:
1)
The width is the greater of the two dimensions of the footprint.
2)
The depth is the lesser of the two dimensions of the footprint.
Text read from an image; its layout may differ:
W Width
D Depth
Figure 2-58 — Measurement of Wing(s) and Accessory Structures
c.
On-Site Open Space(s). The width and depth of open spaces—see standards in Subsection 20-28.100.D (Building Types) for the selected building type(s)—shall be measured as follows:
1)
The width is parallel to the front.
2)
The depth is perpendicular to the front.
Text read from an image; its layout may differ:
W Width
D Depth
Figure 2-59 — Measurement of Open Space(s)¶
d.
Courtyard(s). The width and depth of courtyards—see standards in Subsection 20-28.100.D (Building Types)
for the selected building type(s)—shall be measured as follows:
1)
The width is parallel to the front, unless the courtyard is a secondary courtyard accessed directly from a side street.
2)
If a secondary courtyard is accessed directly from the side street, the width is parallel to the side street.
3)
The depth is perpendicular to the width.
Text read from an image; its layout may differ:
W Width
D Depth
Figure 2-60 — Measurement of Courtyard(s)
e.
Height to Highest Eave/Top of Parapet. Building height within the MMH zones—see standards in Subsection 20-28.100.C (MMH Zones)—shall be measured vertically from natural grade as indicated in Figures 2-61 and 2-62. See also Section 20-30.070 (Height measurement and exceptions).
(Image not reproduced in this text.)
A Height, Overall D Highest Eave Measurement B Top of Parapet E Eave Assembly C Roof Structure F Dormer
Figure 2-61 — Measurement of Height¶
(Image not reproduced in this text.)
B Top of Parapet D Highest Eave Measurement
C Roof Structure
E
Eave Assembly
Figure 2-62 — Section Details of Top of Parapet for Flat Roof and Eave for Pitched Roof
(Ord. 2025-014, 11/18/2025)
Chapter 20-30 STANDARDS FOR ALL DEVELOPMENT AND LAND USES (§ 20-30.010 – § 20-30.120)
This division expands upon the standards of Division 2 (Zoning Districts and Allowable Land Uses) by addressing the details of site planning and project design. These standards are intended to ensure that all development:
A.
Produces an environment of stable and desirable character;
B.
Is compatible with existing and future development; and
C.
Protects the use and enjoyment of neighboring properties, consistent with the General Plan.
(Ord. 3677 § 1, 2004)
The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 20.61 (Nonconforming Uses, Structures, and Parcels), and shall be considered in
combination with the standards for the applicable zoning district in Division 2 (Zoning Districts and Allowable Land Uses), and those in Division 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Division 4 shall control.
(Ord. 3677 § 1, 2004)
A.
Each building site shall be planned and arranged to occupy only the portion of the lot not otherwise required as a yard, setback, easement, right-of-way, or other legally established open space, except that, where all other provisions of this Zoning Code are met, a building site may be established in airspace where the right to construct and occupy the airspace otherwise exists.
B.
For the purposes of measuring lot dimensions and area, public and private service easements contained within the lot lines, other than street right-of-way or access easements, may be included in the computation. (Ord. 3677 § 1, 2004)
A.
Purpose. This section requires minimum setbacks from waterways for new structures, to provide reasonable protection to owners of riparian property and the public from the hazards of stream bank failures and flooding, while allowing owners of property near waterways reasonable use of and the opportunity to improve their properties consistent with general safety. B.
Applicability. No structure, including buildings of any type, including overhangs, cantilevered portions, second story additions to single-story structures, swimming pools, including prefabricated swimming pools, driveways, streets, parking areas, patios, platforms, decks, fences, liquid storage tanks, mobile homes,
broken concrete rubble, earth fill or other structural debris fill, or retaining walls, shall be placed within the creekside setbacks required by this Section.
1.
Existing structures. An existing, lawfully constructed structure that is located within a setback required by this Section is subject to the requirements for nonconforming structures in Chapter 20-61 (Nonconforming Uses, Structures, and Parcels).
2.
Exceptions. This section shall not apply to: Paved or unpaved trails, both private and public, Storm drainage, erosion control, and creekbank stability improvements that have been approved as required by law by the governmental agencies having jurisdiction over them.
3.
Design guidelines. See also Section 4.4 (Creeks, Riparian Corridors, and Storm Drainage) of the City's Design Guidelines.
C.
Definitions. Definitions of the technical terms and phrases used in this section may be found in Division 7 (Glossary), under "Waterway."
D.
Creekside setback requirements.¶
1.
Waterway with defined bank. The exterior boundary of the setback area on each side of a natural or modified natural waterway shall be 50 feet from the top of the highest bank on that side of the waterway, as
determined by the Director. When the bank of a natural or modified natural waterway is steeper than 2.5:1, the exterior setback boundary shall be measured by the projections of a slope of 2.5:1 from the toe of the stream bank to ground level, plus 50 feet. See Figure 3-1.
2.
Waterway without defined bank. The exterior boundary of the setback area adjacent to the side of a natural or modified natural waterway, where the top of the stream bank is not defined, shall be 50 feet, measured horizontally, from the established 100-year storm freeboard level. See Figure 3-2.
(Image not reproduced in this text.)
Figure 3-1 – Setback with defined bank (see exceptions Section 20-30.040.D.4.)
(Image not reproduced in this text.)
Figure 3-2 – Setback without defined bank (see exceptions Section 20-30.040.D.4.)
3.
Channelized waterway. Where a fully channelized waterway exists, structures may be closer to the top of the bank than a distance of 2.5 times the depth of the bank plus 50 feet, subject to the following standards: the setback encroachment will not obstruct or impair the channel's hydraulic functions; impede City or Sonoma Water access or maintenance of the channel; impair the stability of the slope, bank, or maintenance of the channel; or impair the stability of the slope, bank, or creekbed fountain, all as determined by and approved by the Planning and Economic Department, the Water Department, and additionally Sonoma Water for projects adjacent to Sonoma Water owned or controlled channelized waterways. 4.
Exceptions.
a.
The setbacks required in Section 20-30.040 shall be 30 feet for existing properties or adjacent areas within the City that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.
b.
The setbacks required in Section 20-30.040 shall be 30 feet for new development that is surrounded by existing structures that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.
c.
Setbacks for accessory dwelling units shall be provided consistent with Section 20-42.130 Accessory dwelling units.
E.
Bridges and utilities within setback areas. Bridges for motor vehicles, pedestrians, and/or bicycles, and/or public utility infrastructure may cross through a waterway setback area and over or under its channel, provided that the installation has received all required approvals from the City. "Bridges" as used in this subsection includes the segments of the street connecting with the ends of the bridge and the use of box culverts to contain the waters of a waterway for a street overcrossing.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 5; Ord. 2021-012 § 19)
A lot of record that was subdivided in compliance with the Map Act and all applicable City requirements, with less than the area and/or dimension required by the applicable zoning district, may be used for an allowable land use, provided that the use complies with the required setbacks or has been granted of a Variance from those requirements in compliance with Section 20-52.060 (Variance and Minor Adjustment).
(Ord. 3677 § 1, 2004)
A.
Purpose. This section provides regulations for the installation, construction, and placement of fences on private property. For the purposes of this Zoning Code, the term "fence" includes fences, hedges, walls or structures in the nature of a fence.
B.
Measurement of fence and wall height.
1.
Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.
2.
The height of fencing atop a wall shall be measured from the base of the wall.
3.
Where the ground elevation within six feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade; except that a safety fence with a height of 42 inches shall be allowed on the top of a retaining wall of 30 inches or more in height with Minor Use Permit approval. See Figure 3-3.
(Image not reproduced in this text.)
Figure 3-3—Fence Height Measurement
C.
Height limits. A fence in a residential zoning district is subject to the following restrictions:
1.
Single family dwelling shall not exceed the height limits shown in Table 3-1, unless authorized in compliance with Subsection D of this section (Additional height with Minor Use Permit approval). See also Figure 3-4. 2.
Multifamily dwelling and non-residential properties will require Design Review approval and are not subject to the height limits shown in Table 3-1.
| TABLE 3-1—MAXIMUM HEIGHT OF FENCES | ||
|---|---|---|
| Location | Maximum Height (1) | |
| Within required front yard setback | 36 inches | |
| Within interior side or rear yard setback | 6 feet (2) | |
| Within exterior side setback | 36 inches | |
| Within a vision triangle (see Section 20-30.070.E) | No fence allowed, except as provided by Section 20-30.070.E (Vision Triangles). |
|
| Outside of a required setback | 6 feet (2) | |
| Notes: | ||
| (1) | See the City's_Processing Review Procedures for Owners of Historic Properties_for fence height guidelines with an -H (Historic) combining district. |
|
| (2) | A six-foot fence with two feet of lattice is allowed by right in an interior side or rear yard setback, and outside of a required front or street side setback (see Figure 3-5); provided that any fence exceeding seven feet in height requires a Building Permit. |
Text read from an image; its layout may differ:
Figure 3-4—Allowed Fence Height
(Image not reproduced in this text.)
Figure 3-5—Lattice Allowed for Additional Fence Height
D.
Additional height with Minor Use Permit approval. A fence may be constructed to a height in excess of the limits established by Subsection C with Minor Conditional Use Permit approval, except within a required vision triangle (Section 20-30.070.E). Minor Conditional Use Permit approval shall require that the review authority first make all of the following findings, in addition to those required for Minor Conditional Use Permits by Section 20-52.050:
1.
The issuance of the permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property;
2.
The fence will not create a safety hazard to pedestrians or vehicular traffic;
3.
The appearance of the fence is compatible with the design and appearance of other existing buildings and structures within the neighborhood;
4.
The fence is a planned architectural feature to avoid dominating the site or overwhelming the adjacent properties and structures;
5.
The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood; and
6.
The fence will be of sound construction.
E.
Fire hazards. The Building Official shall not grant a building permit for any fence that will interfere with access in case of fire by the Fire Department to buildings in the vicinity, or that will constitute a hazard to vehicle traffic or pedestrians.
F.
Temporary fences—Exceptions. Nothing in this Zoning Code shall be deemed to prohibit the erection of a temporary fence around construction works in compliance with the Building Code and other applicable
provisions of the City Code. G.
Barbed wire. Barbed wire fencing shall not be constructed or placed over a fence except in agricultural, open space, or industrial areas. Minor Conditional Use Permit approval shall be required for barbed wire fencing abutting residential uses.
H.
Screening.
1.
Proposed development within commercially or industrially zoned sites that are adjacent to any residential zoning district shall provide screening between districts, subject to Design Review.
2.
Outdoor storage areas in any commercial or industrial zoning district shall be permanently screened from view from any adjacent public right-of-way, access easement, or adjacent private property in compliance with Section 20-42.170 (Storage, Outdoor), and Section 20-30.090.L.1.g (Security—Dumpsters).
(Ord. 3677 § 1, 2004; Ord. 2021-012 § 20; Ord. 2025-014, 11/18/2025)
A.
Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits. B.
Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Division 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section.
C.
Height measurement. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-6. The location of natural grade shall be established in a manner consistent with parcels in the vicinity as determined by the Director, and shall not be artificially raised to gain additional building height.
(Image not reproduced in this text.)
Figure 3-6 – Height Measurement
D.
Height limit exceptions. 1.
Towers and similar structures. With Design Review approval, the building height limits of the applicable zoning district may be exceeded by towers, gables, spires, cupolas, water tanks, and similar structures, including mechanical appurtenances, provided that:
a.
No portion of the structure that is over the height limit shall cover an area greater than 15 percent of the building footprint area;
b.
No tower or similar structure, shall be used for sleeping or eating quarters, nor for any commercial purpose other than is incidental to the use of the habitable space within the building.
This exception applies only to the height limits of this Zoning Code and not to any limit provided by other law. Height limits and exceptions for telecommunication facilities are established in Chapter 20-44 of this Zoning Code.
2.
Structures within commercial zoning districts. A structure within a commercial zoning district may exceed the height limits of this Section with Conditional Use Permit approval, except as provided by the requirements of the CD district (Section 20-23.060.B).
3.
Fences and walls. A fence or wall shall comply with the height limits established by Section 20-30.060 (Fences, Walls, and Screening) and, where applicable, Subsection E (Vision Triangles). E.
Vision triangles. Proposed structures and landscaping on a corner lot shall comply with the following vision triangle height limits, as indicated in Section 20-30.110.E.
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 17)
Outdoor lighting on private property shall comply with the following requirements.
A.
The following maximum heights shall be adhered to for outdoor light standards based on land use type: 1.
Single-Family Residential—17 feet.
2.
Multi-Family Residential—14 feet.
3.
Business and Light Industrial Parks—16 feet.
4.
Retail Centers and Commercial Districts—16 feet.
B.
Outdoor lighting shall utilize energy-efficient fixtures/lamps. Examples of energy efficient fixtures/lamps include high pressure sodium, hard-wired compact florescent, or other lighting technology that is of equal or greater energy efficiency.
C.
For safety and security, during business hours, all areas having frequent vehicular and pedestrian traffic shall be equipped with a lighting device providing a minimum one-foot candle of light at ground level during the hours of darkness.
D.
Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:
Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and
2.
Confining glare and reflections within the boundaries of the site to the maximum extent feasible.
Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.
E.
No lighting on private property shall produce an illumination level greater than one footcandle on any property within a residential zoning district except on the site of the light source.
F.
No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.
(Ord. 3677 § 1, 2004; Ord. 3968 § 6, 2011)
A.
Purpose. This section provides performance standards that are designed to minimize various potential
operational impacts of land uses and development within the City, and promote compatibility with adjoining areas and land uses.
B.
Applicability. The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of this Section shall not be altered or modified thereafter to conflict with these standards.
C.
Air emissions. No visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
D.
Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19.
E.
Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the City Engineer.
1.
Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving or planting) will occur as soon as possible.
2.
Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.
3.
Limiting the area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times.
4.
Dust control. Fugitive dust emissions shall be controlled by watering a minimum of two times each day, paving or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding, etc.).
Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than 30 days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained; and
6.
Fencing. Appropriate fences or walls shall be constructed to contain dust within the site as required by the City Engineer.
F.
Ground vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.
G.
Light and glare. Outdoor lighting shall comply with the requirements of Section 20-30.080 (Outdoor Lighting). H.
Liquid waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.
I.
Noise. The City's noise standards are in Chapter 17-16 (Noise) of the City Code.
J.
Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
K.
Radioactivity, electrical disturbance or electromagnetic interference. None of the following shall be emitted:
1.
Radioactivity, in a manner that does not comply with all applicable State and Federal regulations.; or 2.
Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable State and Federal regulations.
L.
Security. Proposed development shall comply with the following security standards, and should comply with the following security guidelines, unless determined by the Director to be infeasible or ineffective in the particular case.
1.
Security standards.
a.
Overhead roll-up doors shall be secured with a cylinder lock or padlock from the inside. b.
Door hinges should be tamper proof or installed on the interior side of the door.
c.
Trees and shrubs shall not block the view of entrances and/or exits.
d.
Internal roof access points shall be secured with internal locks.
e.
All windows shall have locks.
f.
Air circulation systems shall be barricaded to prevent illegal tampering and/or suggest an opportunity to circulate bio-hazardous substances.
g.
Dumpsters, loading areas, and storage yards shall not create blind spots, hiding areas, or dead-end alleys (and be clearly visible).
h.
All entrances shall have adequate lighting, be well-defined, and visible to public and patrol vehicles.
i.
Pedestrian entrances shall be adjacent to vehicle entrances.
j.
Elevators shall be close to the main entrance with the entire interior of the elevator in view when the doors are open.
2.
Security guidelines.
a.
Exterior architectural features to the buildings should not be designed in a manner that allows access to the roof areas.
b.
All areas inside and outside that are not to be accessible by visiting patrons, need to be designated private and not a point of entry.
c.
Loading zones, with designated delivery hours, should be separate from public parking.
d.
Dumpster lids should be secured with locks, or the dumpster units themselves should have three solid walls and a lockable access gate on the front.
e.
Delivery entrances should be separate, identifiable, and monitored.
M.
Biological Resource Assessment. Any discretionary development proposed on a site with natural habitat
conditions that may support special-status species, sensitive natural communities, important wildlife corridors, or regulated wetlands and waters shall provide a biological resource assessment from a qualified biologist.
N.¶
Health Impact Assessment. Any nonresidential development proposal of 100,000 square feet or more in an Equity Priority Area (as mapped in the General Plan) shall include a health impact assessment that includes mitigation for any potential negative health implications of the project.
(Ord. 3677 § 1, 2004; Ord. 2025-014, 11/18/2025)
The use of a septic tank may be allowed where no public sanitary sewer is accessible or within 500 feet, where the parcel is more than two acres in area and meets County Health Department standards. (Ord. 3677 § 1, 2004)
A.
Purpose. This section provides minimum dimensions and uses of setbacks, sight distance areas, and vision triangle standards. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.
B.
Setback requirements. Each structure shall be located on its site so that it is set back from property lines and other structures in compliance with the setback requirements of the applicable zoning district, in Division 2 (Zoning Districts and Allowable Land Uses), and with any setbacks established for specific uses by Division 4, except as otherwise provided by this section.
1.
Setbacks from public right-of-way and public easements.
a.
No portion of any structure shall extend within, over, under, or upon any public service easement, access easement, or utility easement, unless both the City Engineer and the Director(s) of the City department(s) having responsibility for any and all City activities within the Easement Area have determined, in their sole discretion, that such structure or portion of structure will not unreasonably interfere with the City's use of the Easement Area or can be easily removed for the construction, reconstruction, installation, removal, repair,
replacement, maintenance, or operation of any current or future City facilities within, over, under, or upon the Easement Area.
b.
Should the City Engineer and the Director(s) determine that a portion of a structure may extend within, over, under, or upon any public service, access, or utility easement as set forth in Subsection B.1.a above, the property owner(s) shall execute and record a covenant running with the land in favor and for the express benefit of the City:
(1)
Empowering the City, in its sole discretion to remove, cause to remove, or destroy the structure or any portion thereof or compel the property owner(s) to remove the structure or any portion thereof; and
(2)
Acknowledging that the City shall have no obligation, responsibility, or liability for the repair, replacement, erection, installation, or reconstruction of any structure or any portions of a structure encroaching within, over, under, or upon any public service easement, access easement, or utility easement when such structure or portions of such structure are removed or destroyed by City or by the property owners.
2.
Setbacks from private easements. No portion of any structure shall extend within, over, under, or upon on any private easement or access easement unless otherwise determined by the City Engineer after receiving written permission granted by a recorded agreement executed by the owners of the dominant and servient tenements and acknowledging that the City shall have no obligation, responsibility, or liability for the repair, erection, installation, or reconstruction of any portions of a structure encroaching within, over, under, or upon any private service easement or access easement that are damaged or removed as part of construction, reconstruction, installation, removal, repair, replacement, maintenance, or operation within or around the easement area.
C.
Measurement of setbacks. The setbacks required by Subsection B shall be measured as follows:
Front yard setback. The front setback shall be across the narrow dimension of the lot, unless determined otherwise by the Director.
a.
General measurement method. A required front setback shall be measured by the most restrictive of the following methods to the nearest point of the front wall of the building, except as provided in Subsection C.2:
(1)
From the front property line; or
(2)
If established, from a proposed new property line (also known as the plan line);or
(3)
Back of the sidewalk (the sidewalk edge away from the street);or
(4)
The edge of an easement for a private road or driveway.
b.
Front setback on a block with developed lots. In any case where 25 percent or more of the lots fronting on any block in the same zone (not including frontage along the side of a corner lot) have been developed with buildings of a character permitted in the zone, and the front setbacks of the lots vary in depth by not more
than 10 feet, the required front setback for each lot in the block shall be not less than the average depth of the front setbacks on the developed lots.
c.
Infill development within a previously approved project. Where the City has established specific setback requirements for individual parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this Zoning Code, those setbacks shall apply to the infill development instead of the setbacks required by this Zoning Code, except where the review authority determines that an original setback that is more restrictive than the current zoning no longer serves desired neighborhood character.
(Image not reproduced in this text.)
Figure 3-7—Location & Measurement of Setbacks
2.
Side yard setbacks.
a.
Interior side setback. A required interior side setback shall be measured at right angles from the nearest point on the side property line of the lot to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear setbacks. b.
Corner side setback. A required side setback on the street side of a corner lot shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road or driveway, or the inside edge of the sidewalk, whichever results in the greatest setback that extends between the front setback and the rear property line.
3.
Rear yard setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest point of the structure, establishing a setback line parallel to the rear property line. a.
The Director shall determine the location of the required rear setback on a through lot. b.
Where a parcel has no rear property line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be
deemed to be the rear property line for the purpose of determining the depth of the required rear setback. D.
Limitations on the use of setbacks.
Allowed structures and uses. A setback required by this Zoning Code, Minor or Conditional Use Permit, or Design Review approval, shall be improved and maintained only with plants and other natural materials except for the following:
a.
Building projections permitted in Subsection E;
b.
Fences, hedges, plant materials, structures, and walls permitted in Section 20-30.060;
c.
Necessary walks and steps; and
d.
A driveway that provides required parking or access to parking.
2.
Extended storage or parking. It is unlawful to use any required setback for the extended parking or storage of any mobile home, trailer, airplane, boat, other motor vehicle, or parts of any of those vehicles, or building materials (except building materials being used for on-site construction under a valid building permit); provided, however, these requirements shall not apply to a fully-operational vehicle parked in a driveway that is used on a regular day-to-day basis. Extended parking or storage, as used in this section, means the presence for a period of 72 or more consecutive hours within the required yard or setback area. E.
Allowed projections into setbacks. Table 3-2 identifies the features that may project into a required setback.
| TABLE 3-2—ALLOWED PROJECTIONS INTO SETBACKS | |||
|---|---|---|---|
| Projecting Feature | Allowed Projection into Specified | Setback | |
| Front Setback | Side Setback | Rear Setback | |
| Architectural feature (e.g., cornice, canopy, eave, sill, bay window, chimney, etc.) (1) |
2-1/2 ft, provided that the projection shall not exceed 1/2 the depth of the required setback. Bay window and chimney projections shall not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located. |
||
| Cantilevered overhang above the ground floor, not requiring ground or bracket supports |
No limitation on projection in C zoning districts; 4 ft in other districts |
No limitation on projection in C zoning districts; 2-1/2 ft into a corner side setback |
No limitation on projection in C zoning districts; 2-1/2 ft into a rear setback, provided that the projection shall not exceed 1/2 the depth of the required setback |
| Fire escape | Not allowed | Not allowed in corner side setback; may project up to 2-1/2 ft into an interior setback |
36 in |
| TABLE 3-2—ALLOWED PROJECTIONS INTO SETBACKS | |||||
|---|---|---|---|---|---|
| Projecting Feature | Allowed Projection into Specified | Setback | |||
| Front Setback | Side Setback | Rear Setback | |||
| Unenclosed deck, porch or terrace not exceeding 12 inches in height, and any necessary steps or landings, with no individual step exceeding 12 inches in height |
Not allowed, except as provided in Table 2-5 |
Not allowed in corner side setback, except as provided in Table 2-5; allowed within interior setback |
Allowed | ||
| Recycling collection/ enclosure area |
As allowed by Section 20-30.120.E | ||||
| Detached residential accessory structures |
As allowed by Section 20-42.030.C.3 | ||||
| Note: | |||||
| (1) | Room additions are not considered architectural features even if they do not include a foundation or floor area. This provision is not intended to allow an increase floor area, habitable area, or storage area, or allow substantial portions of a building wall, to encroach into required setbacks. |
||||
| Figure 3-8—Example of Allowed Projections into Side Setbacks |
F.
Vision triangles and sight distance. The purpose of this section is to limit the height of structures and landscaping at intersections and driveways to provide adequate sight distances for pedestrian and vehicle traffic. This section applies to all structures, landscaping, and any other improvements located within vision
triangles or sight distance areas adjacent to any public or private street intersections, including alley and driveway intersections with public or private streets.
1.
Vision triangles.
a.
Vision triangle boundaries are formed by: (1) drawing a 40-foot line along the face of curb or edge of one roadway to a point of intersection; (2) from the point of intersection, drawing a line 40 feet back along the face of curb or edge of the second roadway; and (3) connecting the end points of these two lines, as shown in Figure 3-9. Vision triangles at locations with all way stop controls or signalized intersections may be allowed less restrictive requirements with City Traffic Engineer approval.
(Image not reproduced in this text.)
Figure 3-9 – Vision Triangle
b.
Driveway vision triangle boundaries are formed by first drawing a 10-foot line along the back edge of the sidewalk from the driveway and then drawing a 10-foot line along the driveway edge abutting the sidewalk. Connecting these two legs completes the vision triangle, as shown in Figure 3-10.
(Image not reproduced in this text.)
Figure 3-10 – Driveway Vision Triangle
2.
Sight distance. City streets and nonresidential driveways shall be designed in accordance with sight distance requirements as defined by the Caltrans Highway Design Manual, Sections 201 and 405.
Limitations on structures and landscaping within vision triangles and sight distance areas. a.
Street intersections. Vegetation and structures, including signs, shall not exceed a height of three feet within sight distance or vision triangle areas, unless there is a "transparency" feature, such as open railings or wellpruned climbing plants, allowing for sight visibility.
b.
In all zoning districts. No wall, fence, hedge, other plant material, or any other view obstruction shall be erected or maintained between 36 inches and seven feet above grade on any corner lot within a vision triangle, and further, nothing over 24 inches in height may be located in the first five feet behind the curb line or edge of pavement of the vision triangle. Single stem plants or trees without foliage between the height of three feet and eight feet may be planted and maintained within the vision triangle on any corner lot. In no case shall any commercial sign be permitted in a vision triangle.
c.
Commercial driveways. To provide for pedestrian visibility at nonresidential driveways, a clear zone with nothing over 24 inches in height shall be established in the driveway vision triangle. Driveway vision triangles are required on both sides of the driveway. If these clear zones cannot be met, additional measures may be needed to provide necessary pedestrian awareness (see Figure 3-10).
d.
Residential driveways and alleys. Visibility of a driveway or alley crossing a street lot line shall not be blocked above a height of three feet within the sight distance.
e.
Exempt structures and plantings. The regulations of this section do not apply to existing buildings; public utility poles; saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 7, 2011; Ord. 2020-014 § 18; Ord. 2024-012, 11/19/2024)
A.
Purpose. The purpose of these provisions is to provide for recycling and waste collection areas within all developments (except single-family and multiple-family dwelling groups of four or fewer units) City-wide. Integrated collection areas with recycling components assist in the reduction of waste materials, thereby prolonging the life of landfills and promoting environmentally sound practices. B.
Recycling and waste collection areas required. In all zoning districts, recycling and waste collection areas appropriate to serve all uses (except single-family and multiple-family dwelling groups of four or fewer units) are required. No person shall use any established collection area for another purpose unless the Director waives the requirements of this section under circumstances wherein it is necessary to prevent or lessen practical difficulties or unnecessary hardships inconsistent with the objectives of this section. C.
Design review approval required. Design Review approval is required for all recycling and waste collection areas.
D.
Criteria for approval. Criteria for Design Review approval are:
1.
Compliance with the City's design review guidelines;
Screening of collection areas from public view, in compliance with Section 20-30.090.L.1.g (Security— Dumpsters);
3.
Adequate provision for access to the collection areas by reclamation/disposal agency equipment;
4.
Adequate space for source separation of recyclables and agency collection containers;
5.
In new development, recycling collection areas shall be placed alongside waste collection areas so as to provide convenience for users and promote recycling; and
6.
Collection areas shall be sited to minimize nuisance impacts, particularly noise impacts on residential sleeping areas.
E.
Exceptions for retrofitting existing developments without recycling collection areas. In retrofitting existing developments without recycling collection areas, the following exceptions may be permitted through Design Review to achieve the recycling goals and objectives of the City:
1.
A recycling collection area will not be required to be screened from public view.
2.
A recycling collection area may occupy required parking spaces if no other serviceable location can be found on the site. The use of required parking spaces shall not render a development nonconforming with respect to parking required in compliance with Chapter 20-36 (Parking and Loading). Prior to approval of a parking reduction, a public hearing shall be required.
3.
Recycling collection areas may encroach into required interior side or rear yard setbacks. If no other placement alternative exists for the site, a recycling collection area may be located in the front yard or exterior side yard setbacks, however, they must be screened from view. (Ord. 3677 § 1, 2004)
(Ord. 2019-002 § 1; Ord. 2021-014 §§ 15–18; Ord. 2023-006, 6/6/2023)¶
The City will allow a Housing Development a 50 percent maximum Density Bonus and Concessions or
Incentives meeting all the applicable eligibility requirements of this chapter. In the event that the minimum requirements for granting a Density Bonus or the number of applicable Concessions or Incentives as set forth in California Government Code Section 65915 are amended after the adoption of this chapter by the City, then the lowest minimum requirements shall apply. For projects that meet maximum allowances of density bonus units (50%), additional bonus units (up to 50%) may be permitted up to 100% density bonus, as described in Section 20-31.060(H) below.
Sign Permit review authority. The Director shall review all Sign Permit applications, except within the Historic (- H) overlay zone, where Sign Permit review may be by the DRPB in compliance with Chapter 20-58 (Historic and Cultural Preservation) at the determination of the Director. The review authority may require conditions of
approval as are reasonably necessary to achieve the purposes of this Chapter. This shall not apply to Wayfinding Signage, see section 20-38.080, Standards for Wayfinding Signs.
A.
Very low-income households. If an Applicant elects to construct units for very low-income households, including Specialized Housing as defined in Section 20-31.050(A)(5) (Eligibility Criteria for Density Bonus), the development shall be entitled to the Density Bonus corresponding to the very low-income unit set aside percentage listed in Table 3.1 Density Bonus.
B.
Density Bonus for low-income households. If an Applicant elects to construct units for low-income households, the Housing Development shall be entitled to the Density Bonus corresponding to the lowincome unit set aside percentage listed in Table 3.1 Density Bonus.
C.
Moderate-income units in a Common Interest Development. If an Applicant elects to construct units for moderate income households, the development shall be entitled to the Density Bonus corresponding to the moderate-income unit set aside percentage listed in Table 3.1 Density Bonus.
D.
Senior housing. If an Applicant elects to construct a Senior Citizen Housing Development, the Density Bonus shall be 20 percent of the total number of allowed housing units without the Density Bonus. E.
Density Bonus for land donation. When an applicant for a Housing Development donates at least one acre of land or enough land to develop 40 dwelling units, then the applicant shall be entitled to a Density Bonus on the entire Housing Development site as follows:
1.
Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require an Applicant to donate land as a condition of development.
2.
The Density Bonus for land dedication shall be in addition to any Density Bonus earned pursuant to this section up to a maximum combined increase of 50 percent.
3.
An applicant with a land donation shall be eligible for the Density Bonus if all the following conditions are met:
a.
The applicant donates and transfers the land to the City no later than the date of approval by the City of the planning entitlement application for the proposed Housing Development seeking the Density Bonus. b.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed Housing Development seeking the Density Bonus. The minimum unit size for the units to be accommodated on the donated land shall be consistent with the minimum required for an efficiency unit as defined in California Health and Safety Code Section 17958.1.
c.
The land proposed to be donated to the City:
(1)
Has the appropriate General Plan Land Use Designation and is appropriately zoned for development at the density described in paragraph (3) of subsection (c) of California Government Code Section 65583.2; and
(2)
Is or will be served by adequate public facilities and infrastructures; and
(3)
Is donated no later than the date of approval of the final subdivision map, parcel map or Housing
Development application seeking a Density Bonus and has all the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land; and
(4)
Is transferred to the City or an Applicant for a Housing Development approved by the City; and
(5)
Shall be within the boundary of the proposed development or within one-quarter mile of the boundary of the proposed development; and
(6)
Must have a proposed source of funding for the very low-income units prior to the approval of the final subdivision map, parcel map or Housing Development application seeking the Density Bonus. d.
The transferred land and the affordable housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of units for at least 55 years from the date of occupancy.
e.
The Density Bonus available for land donation to an eligible project shall correspond to the very low-income unit set aside percentage listed in Table 3.1 Density Bonus.
F.
Condominium conversions. Density Bonus for condominium conversion, shall be considered and approved in accordance with Section 65915.5 of the California Government Code for specifications. G.
Student housing. For Housing Development that meets the Student Housing eligibility criteria in Section 2031.050.A.8 and sets aside at least 20 percent of the units for lower income students, the Density Bonus shall be 35 percent in accordance with Table 3.1 Density Bonus.
| Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
TYPE |
|---|---|---|---|---|---|---|---|
| Base Project Set Aside** |
Very Low Income |
Low Income |
Mod Income*** |
Land Donation |
Senior**** | Foster Youth, Disabled Vets, Homeless |
Student Housing |
| 5% | 20% | — | — | — | 20% | — | — |
| 6% | 22.5% | — | — | — | 20% | — | — |
| 7% | 25% | — | — | — | 20% | — | — |
| 8% | 27.5% | — | — | — | 20% | — | — |
| 9% | 30% | — | — | — | 20% | — | — |
| 10% | 32.5% | 20% | 5% | 15% | 20% | 20% | — |
| Base Project Set Aside** |
Very Low Income |
Low Income |
Mod Income*** |
Land Donation |
Senior**** | Foster Youth, Disabled Vets, Homeless |
Student Housing |
| 11% | 35% | 21.5% | 6% | 16% | 20% | 20% | — |
| 12% | 38.75% | 23% | 7% | 17% | 20% | 20% | — |
| 13% | 42.5% | 24.5% | 8% | 18% | 20% | 20% | — |
| 14% | 46.25% | 26% | 9% | 19% | 20% | 20% | — |
| 15% | 50% | 27.5% | 10% | 20% | 20% | 20% | — |
| 16% | 50% | 29% | 11% | 21% | 20% | 20% | — |
| 17% | 50% | 30.5% | 12% | 22% | 20% | 20% | — |
| 18% | 50% | 32% | 13% | 23% | 20% | 20% | — |
| 19% | 50% | 33.5% | 14% | 24% | 20% | 20% | — |
| 20% | 50% | 35% | 15% | 25% | 20% | 20% | 35% |
| 21% | 50% | 38.75% | 16% | 26% | 20% | 20% | 35% |
| 22% | 50% | 42.5% | 17% | 27% | 20% | 20% | 35% |
| 23% | 50% | 46.25% | 18% | 28% | 20% | 20% | 35% |
| 24% | 50% | 50% | 19% | 29% | 20% | 20% | 35% |
| 25% | 50% | 50% | 20% | 30% | 20% | 20% | 35% |
| 26% | 50% | 50% | 21% | 31% | 20% | 20% | 35% |
| 27% | 50% | 50% | 22% | 32% | 20% | 20% | 35% |
| 28% | 50% | 50% | 23% | 33% | 20% | 20% | 35% |
| 29% | 50% | 50% | 24% | 34% | 20% | 20% | 35% |
| 30% | 50% | 50% | 25% | 35% | 20% | 20% | 35% |
| 31% | 50% | 50% | 26% | 35% | 20% | 20% | 35% |
| 32% | 50% | 50% | 27% | 35% | 20% | 20% | 35% |
| 33% | 50% | 50% | 28% | 35% | 20% | 20% | 35% |
| 34% | 50% | 50% | 29% | 35% | 20% | 20% | 35% |
| Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
Table 3.1 STATE DENSITY BONUS* PERCENTAGE SET-ASIDE FOR EACH QUALIFIED HOUSING DEVELOPMENT |
TYPE |
|---|---|---|---|---|---|---|---|---|
| Base Project Set Aside** |
Very Low Income |
Low Income |
Mod Income*** |
Land Donation |
Senior**** | Foster Youth, Disabled Vets, Homeless |
Student Housing |
|
| 35% | 50% | 50% | 30% | 35% | 20% | 20% | 35% | |
| 36% | 50% | 50% | 31% | 35% | 20% | 20% | 35% | |
| 37% | 50% | 50% | 32% | 35% | 20% | 20% | 35% | |
| 38% | 50% | 50% | 33% | 35% | 20% | 20% | 35% | |
| 39% | 50% | 50% | 34% | 35% | 20% | 20% | 35% | |
| 40% | 50% | 50% | 35% | 35% | 20% | 20% | 35% | |
| 41% | 50% | 50% | 38.75% | 35% | 20% | 20% | 35% | |
| 42% | 50% | 50% | 42.5% | 35% | 20% | 20% | 35% | |
| 43% | 50% | 50% | 46.25% | 35% | 20% | 20% | 35% | |
| 44% | 50% | 50% | 50% | 35% | 20% | 20% | 35% | |
| 100%***** | 80% | 80% | 80% | 35% | 20% | 20% | 35% | |
| * | All Density Bonus calculations resulting in fractions are rounded up to the next whole number. |
|||||||
| ** | Affordable unit percentage is calculated excluding units added by a Density Bonus, i.e., the percentage of the number of units allowed without a Density Bonus. |
|||||||
| *** | Moderate income Density Bonus applies to for sale units, not to rental units. | |||||||
| **** | No affordable units are required for senior units. | |||||||
| ***** | Applies when no less than 80% of the total units (other than manager's units) are allocated lower income units and no more than 20% are moderate income units. |
H.
Additional Density Bonus. This subsection outlines the eligibility requirements for an additional State Density Bonus. An eligible project may qualify for an additional State Density Bonus of up to, but not greater than 100 percent above the maximum residential density permitted in the applicable Land Use Designation pursuant to the provisions in this section.
1.
The project must propose to construct sufficient very low-income, low-income, or moderate-income units to achieve a 50% base density bonus. The very low and low-income units can either be for-sale or rental units.
After committing to the required minimum base bonus, the applicant can commit to constructing additional very-low income or moderate-income units as part of the project and receive an additional density bonus at specified percentages. These additional very low-income or moderate-income units may be offered as for sale or rental units.
| Table 3-2 Additional Density Bonus for Very Low Income Units | |||
|---|---|---|---|
| % (Additional) Very Low-Income Units | Percentage (Additional) Density Bonus | ||
| 5% | 20% | ||
| 6% | 23.75% | ||
| 7% | 27.5% | ||
| 8% | 31.25% | ||
| 9% | 35% | ||
| 10% | 38.75% | ||
| Table 3-3 Additional Density Bonus for Moderate Income Units | |||
| 5% | 20% | ||
| 6% | 22.5% | ||
| 7% | 25% | ||
| 8% | 27.5% | ||
| 9% | 30% | ||
| 10% | 32.5% | ||
| 11% | 35% | ||
| 12% | 38.75% | ||
| 13% | 42.5% | ||
| 14% | 46.25% | ||
| 15% | 50%" |
(Ord. 2019-002 § 1; Ord. 2021-014 §§ 19–27; Ord. 2023-006, 6/6/2023; Ord. 2025-001, 1/28/2025) This section outlines the eligibility requirements for Supplemental Density Bonuses in excess of the State Density Bonus (i.e., California Government Code Section 65915). An eligible project may qualify for a Supplemental Density Bonus of up to, but not greater than, 100 percent above the maximum residential density permitted in the applicable Land Use Designation pursuant to the provisions in this section. A.
Relationship to State Density Bonus. Affordable housing provided to establish eligibility for a Supplemental Density Bonus shall be calculated on the "Base Project," not including State Density Bonus Units granted pursuant to this chapter and California Government Code Section 65915. The affordable housing units used to generate Eligibility Points toward a supplemental bonus shall be in addition to affordable housing provided to establish eligibility for a State Density Bonus.
B.
Eligible locations. A project that receives the maximum State Density Bonus is eligible for a Supplemental Density Bonus above the maximum State Density Bonus if it is:
- Located within the Downtown Station Area Specific Plan or North Santa Rosa Station Area Specific Plan; and 2. The project site is designated one of the following General Plan Land Use Designations: a. Medium-Low Density Residential (see note below) b. Medium Residential (see note below) c. Medium-High Residential (see note below) d. Retail/Medium Residential (see note below) e. Office (see note below) f. Office/Medium residential (see note below) g. Business Park (see note below) h. Light Industrial/Medium Residential (see note below) i. Transit Village Medium j. Transit Village Mixed Use k. Retail & Business Services
Note: Housing Projects on sites with these Land Use Designations are not eligible for a supplemental bonus if the site is inside a Historic Preservation District. This restriction does not apply to the Transit Village Medium, Transit Village Mixed Use, and Retail & Business Services Land Use Designations.
C.
Supplemental Bonus Amount. Table 3.4 lists the maximum Supplemental Density Bonus available to an eligible project in the applicable Land Use Designations, depending on the proximity of the property to a Major Transit Stop or School Facility, or if the property is a designated General Plan Housing Opportunity Site.
| Table | 3.4: Maximum Supplemental Density Bonus | 3.4: Maximum Supplemental Density Bonus | 3.4: Maximum Supplemental Density Bonus | 3.4: Maximum Supplemental Density Bonus | 3.4: Maximum Supplemental Density Bonus | ||
|---|---|---|---|---|---|---|---|
| Maximum Plan, on |
Supplemental Density Bonus for a Project in a Station Specific Eligible Land Use Designations pursuant to this Section1, and Located: |
||||||
| In an Eligible Land Use Only (A)2 |
(A) and 1/2 Mile to Major Transit Stop (B)3 |
(A) and 1/2 Mile to a School Facility (C)3 |
All of (A), (B) and (C) |
In Medium- Low Density Land Use and (B) and (C)2 |
On a Housing Opportunity Site |
||
| Supplemental Bonus Amount |
10%2 | 45% | 45% | 65% | 10% | 50% | |
| Total Maximum Bonus, not to Exceed (with State Density Bonus) |
60%2 | 80% | 80% | 100% | 60% | 100% | |
| Notes: | |||||||
| (1) | Pursuant to subsection C.2, within Historic Preservation Districts, only the Retail and Business Services, Transit Village Medium, and Transit Village Mixed Use Land Use Designations are eligible for a Supplemental Density Bonus pursuant to this table. |
||||||
| (2) | Properties in the Medium-Low Density General Plan Land Use that are not located both within 1/2 mile of a Major Transit Stop and School Facility are not eligible for a Supplemental Density Bonus. |
||||||
| (3) | Distances to a Major Transit Stop or a School Facility shall be measured as the shortest distance from the edge of the property boundaries of the project and facility. |
D.
Eligibility Points. The requirements to establish eligibility for a Supplemental Density Bonus are based on Eligibility Points, which are calculated using the following formula:
(Image not reproduced in this text.)
E.
Affordable housing. At least 60 percent of the project's Eligibility Point requirement shall be fulfilled by providing affordable housing units on site, based on a percentage of Base Project units, in compliance with Table 3.5.
F.
Rental projects. Rental projects shall meet the affordable housing requirement by providing affordable housing units on site at a mix of income levels as prescribed in Table 3.5
G.
100 percent affordable projects. Rental projects in which all proposed units will be affordable to very low- or low-income households are eligible for a 100 percent Density Bonus in accordance with Section 20-31.060. H.
Specialized Housing. Instead of providing Affordable Housing units across the three identified income levels in Table 3.5, rental projects can earn some or all their required Eligibility Points by including Specialized Housing units at the very low-income level pursuant to the schedule in Table 3.5.
I.
For-sale projects. For-sale projects can earn Eligibility Points by including a percentage of housing units at the moderate-income level pursuant to the schedule in Table 3.5.
| Table 3.5: Eligibility Points Schedule for Supplemental Density Bonuses | |||||
|---|---|---|---|---|---|
| Eligibility Points Awarded |
Rental Projects (1): Percent of Total Units in Base Project Required By Income: |
Specialized Very-Low |
For-Sale Projects (1): |
||
| Very Low | Low | Moderate | Income Housing (1) |
Moderate Income |
|
| 5 | 1.7% | 2.6% | 3.2% | 2.5% | 20.5% |
| 10 | 1.8% | 2.8% | 3.4% | 3.0% | 21.0% |
| 15 | 1.9% | 3.0% | 3.7% | 3.5% | 21.5% |
| 20 | 2.0% | 3.2% | 3.9% | 4.0% | 22.0% |
| 25 | 2.1% | 3.3% | 4.1% | 4.5% | 22.5% |
| 30 | 2.2% | 3.5% | 4.3% | 5.0% | 23.0% |
| 35 | 2.3% | 3.7% | 4.5% | 5.5% | 23.5% |
| 40 | 2.4% | 3.9% | 4.7% | 6.0% | 24.0% |
| 45 | 2.5% | 4.0% | 4.9% | 6.5% | 24.5% |
| 50 | 2.6% | 4.2% | 5.2% | 7.0% | 25.0% |
| 55 | 2.8% | 4.4% | 5.4% | 7.5% | 25.5% |
| 60 | 2.9% | 4.6% | 5.6% | 8.0% | 26.0% |
| 65 | 3.0% | 4.7% | 5.8% | 8.5% | 26.5% |
| 70 | 3.1% | 4.9% | 6.0% | 9.0% | 27.0% |
| 75 | 3.2% | 5.1% | 6.2% | 9.5% | 27.5% |
| 80 | 3.3% | 5.3% | 6.5% | 10.0% | 28.0% |
| 85 | 3.4% | 5.4% | 6.7% | 10.5% | 28.5% |
| 90 | 3.5% | 5.6% | 6.9% | 11.0% | 29.0% |
| Table 3.5: Eligibility Points Schedule for Supplemental Density Bonuses | |||||
|---|---|---|---|---|---|
| Eligibility Points Awarded |
Rental Projects (1): Percent of Total Units in Base Project Required By Income: |
Specialized Very-Low |
For-Sale Projects (1): |
||
| Very Low | Low | Moderate | Income Housing (1) |
Moderate Income |
|
| 95 | 3.6% | 5.8% | 7.1% | 11.5% | 29.5% |
| 100 | 3.7% | 6.0% | 7.3% | 12.0% | 30.0% |
| If the calculation for the required number of units at each income level results in a fractional number, the required number of units shall be rounded up to the next whole number. |
J.
Community benefits. No more than 40 percent of the Eligibility Points required for a project may be earned through the provision of community benefits in accordance with Table 3.4.
| Table 3.6: Community Benefits and Eligibility Points | ||
|---|---|---|
| Community Benefit | Point Calculation | Notes |
| Public Open Space, Either Option A or B: |
A: For projects seeking 20 pts or less, 4 pts. per 1% of site area or 1,000 sf, whichever is greater. For projects seeking 21-30 pts: 3 pts. per 1% of site area or 1,500 sf, whichever is greater. For projects seeking 31-40 pts, 2.5 pts. per 1% of site area or 2,000 sf, whichever is greater. |
The landscape design must comply with applicable provisions of the Santa Rosa Design Guidelines and/ applicable guidelines and be approved as part of design review for the project. The open space must be publicly accessible at all times. Provisions must be made for operation and maintenance in perpetuity. |
| B: 10 pts per 1% of project construction valuation contributed to Park Impact Fee, up to 40 pts. |
||
| Historic or Landmark Preservation |
10 pts per 1% of project construction valuation contributed toward rehabilitating or improving a landmark property up to 40 pts. |
If the landmark property is not owned by the project applicant, a joint rehabilitation/ must be submitted with the landmark property owner. |
| Infrastructure/ Improvement |
10 pts per 1% of project construction valuation contributed to Capital Facilities/ pts. |
|
| Family-Sized Rental Units |
5 pts. per each 8% of the project's Affordable Housing units with three or more bedrooms up to 40 pts. |
Round up to the next whole number of units when calculating the share of family-sized units. |
| Table 3.6: Community Benefits and Eligibility Points | ||
|---|---|---|
| Community Benefit | Point Calculation | Notes |
| Innovative Community Benefit |
The Council may approve an innovative community benefit and grant points on a schedule of 10 pts. per 1% of project construction valuation paid toward the proposed innovative benefit, up to 40 pts. |
The benefit must be significant and substantially beyond normal requirements. |
K.
Findings. To approve a Minor Conditional Use Permit for a Supplemental Density Bonus, as prescribed in this chapter, the following findings must be made in addition to the findings required by Chapter 20-52:
1.
For projects in all eligible Land Use Designations:
a.
The proposed project will generate a sufficient number of Eligibility Points by providing at least 60 percent of all required Eligibility Points through affordable housing pursuant to Table 3.5, and that the remaining 40 percent are provided through additional affordable housing pursuant to Table 3.5 or through community benefits pursuant to Table 3.6 as outlined in this Section.
b.
The proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.
c.
That the proposed community benefits for the project are acceptable and appropriate for the project and will provide tangible benefits to the community.
2.
For projects requesting approval of an innovative community benefit, the review authority shall evaluate the innovative benefit against the following findings and provide a recommendation to the Council for consideration:
a.
The proposed innovative community benefit is consistent with, or otherwise furthers the policies of the General Plan and any applicable Specific Plan or Area Plan.
b.
The proposed innovative community benefit will be accessible to the public.
c.
The proposed innovative community benefit is significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.
L.
Standard conditions of approval. The following conditions of approval shall apply to all Supplemental Density Bonus projects:
1.
No community benefit for which a bonus has been granted may be eliminated or reduced in size without the approval of the review authority. To grant such approval, the review authority must find that there is a
corresponding reduction in intensity, height, and/or density, a substitution of an equivalent community benefit, or a combination of the two.
2.
Before a Certificate of Occupancy is issued for a project, the applicant shall certify to the Director that the Eligibility Points upon which the project's residential Density Bonus was based have been achieved. (Ord. 2019-002 § 1; Ord. 2021-014 §§ 28–42; Ord. 2023-006, 6/6/2023; Ord. 2025-001, 1/28/2025)
A.
A Housing Development meeting the requirements of Sections 20-31.050 and 20-31.060 and including a Child Care Facility that will be located on the same site, shall receive either of the following:
1.
An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility, such that the bonus square footage shall not exceed:
a.
Existing structures: a maximum of five square feet of floor area for each one square foot of floor area contained in the Child Care Facility for projects involving existing structures;
b.
New structures: a maximum of 10 square feet of floor area for each one square foot of floor area contained in the Child Care Facility for projects involving new structures.
2.
An additional Incentive or Concession that contributes significantly to the economic feasibility of the construction of the Child Care Facility.
B.
For purposes of calculating the Density Bonus under this section, both indoor and outdoor square footage requirements for the Child Care Facility as set forth in applicable State child care licensing requirements shall be included in the floor area of the Child Care Facility.
C.
When a Housing Development is providing a Child Care Facility consistent with the code codified in this chapter, then pursuant to California Government Code Section 65915(h)(2), the project conditions of approval shall require that:
1.
The Child Care Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Housing units are required to remain affordable; and
2.
Of the children who attend the Child Care Facility, the percentage of children of lower- or moderate-income households shall be equal to or greater than the percentage of Affordable Housing Units that are required to establish eligibility for a Density Bonus pursuant to Section 20-31.050 (Eligibility criteria for Density Bonus). D.
The City shall not be required to provide a Density Bonus or Incentive or Concession for a Child Care Facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.
(Ord. 2019-002 § 1; Ord. 2023-006, 6/6/2023)¶
In addition to a Density Bonus set forth in Section 20-31.060 (State Density Bonus), an Applicant may request a number of Incentives or Concessions corresponding to the minimum affordable housing set aside percentage listed in the following table. Furthermore, an Applicant for a 100 percent lower income housing
development qualifying for four incentives and concessions and located within one-half mile of a Major Transit Stop, as defined in Section 20-31.020, or within a Very Low Vehicle Travel Area, as defined in Section 20-70.020, shall also receive a height increase of up to three additional stories, or 33 feet, and shall not be subject to any maximum controls on density.
| Table 3.5: Incentives or Concessions Allowed Based on Affordable Housing Set Aside | |||
|---|---|---|---|
| Incentives or Concessions |
Minimum Very Low Income Percentage |
Minimum Low-Income Percentage |
Minimum Moderate- Income Percentage |
| 1 | 5% | 10% | 10% |
| 2 | 10% | 17% | 20% |
| 3 | 15% | 24% | 30% |
| 4 | 100% Low/ |
A.
An Incentive or Concession may mean:
1.
A reduction in the site development standards or a modification of Zoning Code requirements.
2.
Approval of mixed-use development in conjunction with the proposed Housing Development if the nonresidential land uses will reduce the cost of the proposed Housing Development, and the nonresidential land uses are compatible with the proposed Housing Development and surrounding development;
3.
Other regulatory Incentives or Concessions proposed by the applicant or that the City determines will result in identifiable, financially sufficient, and actual cost reductions.
B.
The City shall grant Incentive(s) or Concession(s) requested by the applicant unless the City can make a written finding, based upon the substantial evidence, of any of the following:
1.
The Concession or Incentive does not result in identifiable and actual cost reductions, as defined in California Government Code Section 65915, to provide for affordable housing costs or for rents for the targeted units as specified in Section 20-31.060_(State Density Bonus).
2.
The Concession or Incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5 or Section 20-31.020 (Definitions), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderateincome households.
3.
The Incentive or Concession would be contrary to State or Federal law. C.
To streamline the approval of Density Bonus projects, the following Concessions or Incentives shall be considered pre-approved by the City. No supporting evidence is required to establish that pre-approved Concessions result in identifiable and actual cost reductions, as defined in California Government Code Section 65915, to provide for affordable housing costs or for rents for the targeted units as specified in
Section 20-31.060_(State Density Bonus). The City may deny a pre-approved Concession or Incentive pursuant to the provisions of subsection B. A pre-approved Concession or Incentive may be requested only once; additional requests for the same Incentive or Concessions, or a request for a greater Incentive or Concession than those stated below, may require supporting evidence that the Incentive over and above those stated below would result in identifiable and actual cost reductions to offset the cost of affordable housing in the project.
1.
Setback reduction. A setback reduction of up to 25 percent, but not to be less than 20 percent below the average of the developed lots on the same block face.
2.
Auto parking. Up to 50 percent reduction where State Density Bonus Law reduced parking ratios are not already applied. This Incentive or Concession does not apply on rights-of-way with narrow travel lane widths where on-street parking could impair emergency access at the determination of the Director in consultation with emergency services providers.
3.
Lot coverage. Increase in allowable lot coverage by up to 10 percent of lot area.
4.
Building Height. Increase of the larger of up to 12 feet or 10 percent beyond current maximum permitted. If this pre-approved Concession is utilized, all floors above two stories in the development, not only additional stories that result from a Density Bonus, shall be stepped back a minimum of 6 feet from the story below. (Ord. 2019-002 § 1; Ord. 2021-014 § 43; Ord. 2023-006, 6/6/2023)
A.
Relationship to Housing Allocation Plan. An Affordable Housing unit provided in order to be eligible under this Chapter shall also be considered an Allocated Unit as defined in Section 21-02.060 (Relationship to Density Bonus provisions) of the City's Housing Allocation Plan.
B.
Density bonus calculation. All Density Bonus calculations resulting in fractional units shall be rounded up to the next whole number.
C.
Relationship to existing plans and regulations. The granting of a Density Bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval. D.
Residential density calculation. Where a Housing Development is permitted in a Land Use Designation that does not provide a residential density allowance, the bonus shall be calculated in reference to the residential density allowance designated in the Zoning Code. For projects located within General Plan Land Use Designations and Zoning Districts where no applicable maximum residential density is defined, the Density
Bonus shall be calculated based on the maximum number of units that are proposed within a "Base Project" that substantially conforms to General Plan policies and all applicable development standards established for the underlying Zoning District.
E.
Multiple Density Bonus designations.¶
1.
If a portion of the lot or lots associated with the Housing Development site qualify for two or more maximum Density Bonus designations, the applicable Density Bonus shall apply to each portion of the lot(s), except that the larger Density Bonus may be applied to the entire lot(s) subject to the following two conditions:
a.
At least 50 percent of the lot area is covered by a larger Density Bonus; and
b.
The entire lot could be included in the larger Density Bonus by shifting the Density Bonus boundary by less than 50 feet measured perpendicularly from the existing boundary at any point.
2.
If subsection D does not apply, the maximum permissible residential density for the lot shall be calculated based on the residential densities that apply to each portion of the lot. However, the resulting dwelling units may be located anywhere on the lot, subject to applicable height limits, setbacks, and any other dimensional requirements for each portion of the lot taking into consideration any and all development Incentives, Concessions, waivers, or reductions that may apply.
F.
State parking reduction. Per California Government Code Section 65915(p)1, upon request by the Applicant, the City shall not require a Housing Development eligible for a Density Bonus to provide more than the parking ratios listed in Table 3.6.
| Table 3.6: Density Bonus Housing | Development Maximum Parking Ratios* | Development Maximum Parking Ratios* |
|---|---|---|
| Proximity to Transit | Affordability and Project Type | Number of Spaces |
| With paratransit or within 1/2 mile of a fixed bus route |
100% rental housing affordable to lower or very low-income households |
0.5 space per dwelling unit |
| Senior citizen housing development |
0.5 space per dwelling unit | |
| Special needs housing development |
No parking required | |
| Supportive housing development | No parking required | |
| Within 1/2 mile of a major transit stop |
Other 100% rental housing affordable to lower or very low- income households |
No parking required |
| At least 11% very low-income housing set-aside** |
0.5 space per bedroom** | |
| At least 20% lower income housing set-aside |
No parking required. | |
| Extremely low-income dwelling units |
No parking required for the extremely low-income dwelling units only |
|
| All Other Projects | 0-1 bedroom: 1 space per unit | |
| 2-3 bedrooms: 1.5 spaces per unit |
||
| 4 or more bedrooms: 2.5 spaces per unit |
Inclusive of parking for guests and persons with a disability
** May not require parking pursuant Zoning Code 20-36.040
1.
The reduced parking requirements established in this subsection shall apply only at the request of the Applicant. An Applicant may request parking Incentives or Concessions beyond those provided in this subsection as outlined in Section 20-31.090 (Available Incentives and Concessions). A request for reduced parking requirements pursuant to this subsection shall neither reduce nor increase the number of Incentives or Concessions to which the applicant is entitled.
2.
If the City or an independent consultant has conducted a citywide parking study in the last seven years, the City may impose a lower vehicular parking requirement than described in this subsection based upon substantial evidence in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study and make the findings consistent with this subsection to support a reduced parking requirement.
3.
If the total number of parking spaces required for the proposed Housing Development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through onstreet parking.
G.
Waiver or reduction of development standard. The City shall not apply any development standard that would have the effect of precluding the construction of a proposed Housing Development meeting the requirements of Section 20.31.060 at the densities or with the Incentives permitted by this chapter. An applicant may submit with its application to the City a proposal for the waiver or reduction of development standards. A waiver or reduction of development standards, the application of which would physically preclude the development, shall not reduce nor increase the number of Incentives or Concessions being requested. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to provide reasonable documentation demonstrating the project cannot be built if the development standard is not waived or reduced.
H.
Location and design of affordable housing. To encourage the integration of market rate and affordable housing units in mixed-income developments, the location and design of affordable housing units are subject to the following limitations:
1.
Be constructed at the same time as the market units are constructed;
2.
Affordable housing units shall be dispersed throughout the development such that:
a.
No more than 50 percent of the proposed affordable housing units are consolidated into one structure in developments with several multi-unit structures, and
b.
No more than 20 percent of affordable housing units in a single multi-unit structure may be consolidated into a distinct section (e.g. in one distinct location within the structure); and
c.
No more than 20 percent of the affordable housing units may be consolidated a distinct and identifiable area within single-family residential subdivisions.
Applicants may utilize an available Concession or Incentive for relief from the dispersion requirements of this subsection if supporting evidence is provided to the Director that demonstrates that the provisions of this subsection reduce the financing feasibility of the project.;
3.
The affordable housing units shall be of a similar unit type/size to the overall Housing Development; and
4.
The affordable housing units shall be consistent in terms of their exterior design such as their appearance, materials, and quality of exterior finish.
(Ord. 2019-002 § 1; Ord. 2021-014 § 44; Ord. 2023-006, 6/6/2023)
A.
A Density Bonus Housing Agreement must be executed prior to recording any final map for the underlying property or prior to the issuance of any building permit for the Housing Development, whichever comes first. The Density Bonus Housing Agreement shall be binding on all future owners and successors of interests of the Housing Development.
B.
The Density Bonus Housing Agreement shall:
1.
Identify the type, size and location of each affordable housing unit required hereunder;
2.
Identify the term of the agreement, which would define the term of affordability of the required units;
3.
Require that the affordable housing units be constructed and completed by the Applicant as specified in this chapter and in accordance with State law;
4.
Require that each affordable housing unit be kept available only to members of the identified income group and rented for no more that the specified affordable rent during the term of the agreement;
5.
Identify the means by which such continued availability shall be secured and enforced and the procedures under which the affordable housing units shall be leased and shall contain such other terms and provisions, the Housing Authority may require. The agreement, in its form and manner of execution, shall be in a form able to be recorded with the Sonoma County Recorder; and
6.
The Density Bonus Housing Agreement shall be reviewed and approved by the Executive Director of the Housing Authority and the affordability of the required units shall be monitored for compliance by the Housing Authority staff. The Housing Authority is hereby expressly authorized to act as the City's agent to
enter into the Density Bonus Housing Agreement and any necessary subsequent amendments for the purpose of enforcing the terms of the agreement consistent with this chapter.
C.
Required terms for the continued availability of Affordable Housing units.
1.
Low and very low-income households. An applicant for a Housing Development providing low and very lowincome units in accordance with this chapter must continue to restrict those units to low or very low-income households for a minimum of 55 years or longer term under another Regulatory Agreement from the date of initial occupancy.
2.
Except as otherwise provided in subsection C.3 below, rents for the lower income Density Bonus units shall be set at an affordable rent, as defined in Section 20-31.020.
3.
For housing developments meeting the criteria of Section 21-31.050.A.9, rents for all units in the development, including both base density and Density Bonus units, shall be as follows:
a.
The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 20-31.020.
b.
The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
4.
Moderate income households. In the case of a Housing Development providing moderate income units, the initial occupant of the unit must be a person or family of moderate income.
a.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation; which shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. Any recaptured funds shall be deposited into the Housing Authority Trust Account to be used in accordance with subsection (e) of Section 33334.2 of the California Health and Safety Code.
(Ord. 2019-002 § 1; Ord. 2021-014 §§ 45, 46; Ord. 2023-006, 6/6/2023)
Development Footprint.¶
The portion of the property that is developed for the housing development, inclusive of parking and
roadways developed internal to the site to serve the housing development, and other above ground improvements developed to serve the housing development.
Local Educational Agency Employee.
A "teacher or school district employee," as defined in subdivision (c) of Section 53572 of the Health and Safety Code.
Local Educational Agency.
A school district or county office of education.
Local Public Employee.¶
Includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.
Qualified Urban Use.
Any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
Real Property Owned by a Local Educational Agency.
Real property owned by a local education agency as of January 1, 2023.
(Ord. 2023-006, 6/6/2023)
A.
Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following: 1.
The housing development consists of at least 10 housing units.
2.
The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower income households.
3.
One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures:
a.
A local educational agency shall first offer the units to the agency's local educational agency employees.
b.
If the local educational agency receives an insufficient number of local educational agency employees to apply for and occupy the units, the unoccupied units may be offered to employees of directly adjacent local educational agencies.
c.
If the local educational agency receives an insufficient number of employees of directly adjacent local educational agencies to apply for and occupy the units, the unoccupied units may be offered to public employees who work for a local agency within the jurisdiction of the local educational agency.
d.
If the local agency receives an insufficient number of local public employees to apply for and occupy the units, the unoccupied units may be offered to general members of the public.
e.
When units in the housing development become unoccupied and available for rent, a local educational agency shall first offer the units to the agency's local educational agency employees.
4.
The residential density for the housing development, as measured on the development footprint, shall be the greater of the following:
a.
The residential density allowed on the parcel by the City.
b.
The applicable density deemed appropriate to accommodate housing for lower income households, as specified in paragraph (3) of subdivision (c) of Section 65583.2.
5.
The height limit for the housing development shall be the greater of the following: a.
The height limit allowed on the parcel; or
b.
Thirty-five feet.
6.
The property is adjacent to a property that permits residential uses as a principally permitted use.
The property is located on an infill site. For purposes of this section, "infill site" means a site in an urban area, as determined by the 2020 United States Census, that meets either of the following criteria:
a.
The site has not been previously developed for urban uses and both of the following apply:
i.
The site is immediately adjacent to parcels that are developed with qualified urban uses, as defined in Section 20-33.020, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
ii.
No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
b.
The site has been previously developed for qualified urban uses, as defined in Section 20-33.020.
8.
Objective zoning standards:
a.
The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that do not preclude the housing development from achieving the residential density permitted pursuant to subsection A.4 of this section or the height permitted pursuant to subsection A.5.
b.
If the City has not adopted objective standards as provided in clause (i) applicable to residential development on the parcel, the housing development shall be subject to local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development on the nearest parcel in a multifamily zone that meets or exceeds the density and height provided in subsections A.4 and A.5 of this section.
9.
The property is located entirely within any applicable urban limit line or urban growth boundary as established under this code.
10.
The housing development complies with all infrastructure-related requirements, including impact fees that are existing or pending at the time the application is submitted.
B.
Notwithstanding any City law or ordinance, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with the City's development standards, zoning codes or maps, and the general plan.
C.
The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in subsection A.2 of this section.
D.
Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the
development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party.
E.
Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following:
1.
Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
2.
Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code.
3.
Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(Ord. 2023-006, 6/6/2023)
Exceptions:¶
| Arrangement of parking spaces. Each parking area shall be provided with a bumper or curb to prevent encroachment of cars over the required width of adjacent walkways. The space shall also be located such that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own. Accessible pedestrian ways shall be provided from each such parking space to related buildings and facilities. This shall include curb cuts or ramps as needed. Ramps shall not encroach into any parkingspace. |
|
|---|---|
| Exceptions: | |
| 1. | Ramps located at the front of disabled parking spaces may encroach into the length of the spaces when the encroachment does not limit the usability of the space. |
| 2. | When the enforcement agency finds that compliance would create an unreasonable hardship, a variance or waiver may be granted when equivalent facilitation is provided. |
| 3. | Persons with disabilities may wheel or walk behind parked cars when the enforcing agency determines that compliance or equivalent facilitation would create an unreasonable hardship. |
E.
Slope of parking space. Surface slopes of disabled parking spaces shall be the minimum possible and shall not exceed one unit vertical to 50 units horizontal (two percent slope) in any direction.
(Ord. 3677 § 1, 2004)
Prior to the issuance of a building permit for any parking facility, or any project which includes a parking facility, the review authority shall review and approve each such facility or project to assure that the proposed parking facility is designed and constructed in compliance with the following standards.
A.
Location of parking facilities.
1.
Required off-street parking shall be located on the same parcel as the uses served; except with Conditional Use Permit approval, parking may be located on a parcel in the vicinity of the parcel served subject to a recorded covenant running with the land, recorded by the owner of the parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity.
2.
Parking facilities other than driveways shall not be located in a required front or street side setback, except when a single-family residential two-car garage is converted into a single-car garage and habitable space. B.
Access to parking facilities and parking spaces.
1.
Access to parking lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.
2.
Internal maneuvering and queuing. Parking facilities shall provide suitable maneuvering room so that vehicles
enter the street in a forward direction, except for lots with four or fewer residential units. Non-residential parking facilities shall also provide queuing area between the street and the first point where vehicles may maneuver within the parking facility. A minimum of 15 feet clear behind the sidewalk to the first parking space shall be provided at all driveway entrances. If there is no sidewalk, a minimum of 25 feet to the face of curb shall be provided. See Figure 3-11.
3.
Vertical clearance. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles in non-residential parking facilities.
(Image not reproduced in this text.)
Figure 3-11—Queuing Area
C.
Access to adjacent sites. In nonresidential developments, shared vehicle and pedestrian access to adjacent nonresidential properties is required to the maximum extent feasible for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Director.
D.
Parking space and facility dimensions.
1.
Covered residential. Parking spaces within garages and carports shall have minimum dimensions of nine and one-half feet in width by 19 feet in length, clear of any obstructions (e.g., stairs, HVAC equipment). 2.
Downtown parking. Parking spaces within the CMU zoning district shall have a minimum dimension of eight feet in width by 18 feet in length.
3.
All other parking spaces. Minimum parking space dimensions shall be as follows, except as shown in Table 3-6, Figure 3-12.
a.
Standard parking spaces shall have a minimum dimension of nine feet in width by 19 feet in length.
b.
Up to 50 percent of the spaces in a parking lot may be compact spaces, with dimensions as shown in Table 3-6.
c.
Parallel parking spaces shall be eight feet by 22 feet, except that spaces that are unencumbered at one end may be reduced to eight feet by 20 feet.
d.
The width of a parking space shall be increased by one foot if either side of the space is adjacent to a wall, fence, support column or other structure, except where the obstruction is limited to the front or rear one-third of the parking space.
(Image not reproduced in this text.)
Figure 3-12—Minimum Parking Space and Aisle Dimensions
| Figure 3-12—Minimum Parking Space and Aisle Dimensions | |||||||
|---|---|---|---|---|---|---|---|
| TABLE 3-6—MINIMUM PARKING SPACE AND AISLE DIMENSIONS | |||||||
| Space Width | Parking Angle |
L | D | A | N | P | OP |
| Standard Size Automobile Spaces—Minimum Length = 19 ft | |||||||
| 9.0 ft | 30o | 18.0 ft | 17.5 ft | 12 ft (1) | 29.5 ft | 47 ft | 39.5 ft |
| 9.0 ft | 45o | 12.7 ft | 20 ft | 12 ft (1) | 32 ft | 47 ft | 45 ft |
| 9.0 ft | 60o | 10.4 ft | 21 ft | 15 ft (1) | 36 ft | 51.5 ft | 52.5 ft |
| 9.0 ft | 90o | 9.0 ft | 19 ft | 26 ft | 45 ft | 64 ft | — |
| 9.5 ft | 90o | 9.5 ft | 19 ft | 25 ft | 44 ft | 63 ft | — |
| 10.0 ft | 90o | 10.0 ft | 19 ft | 23 ft | 42 ft | 61 ft | — |
| Compact Automobile Spaces—Minimum Length = 16 ft | |||||||
| 9 ft | 30o | 16 ft | 15 ft | 12 ft (1) | 27 ft | 42 ft | — |
| 9 ft | 45o | 11.7 ft | 17 ft | 12 ft (1) | 29 ft | 46 ft | — |
| 9 ft | 60o | 9.5 ft | 18 ft | 12 ft (1) | 30 ft | 48 ft | — |
| 9 ft | 90o | 9 ft | 16 ft | 23 ft | 39 ft | 55 ft | — |
| Downtown Automobile Spaces—Minimum Length = | 18 ft | ||||||
| 8 ft | 45o | 11.3 ft | 15.5 ft | 12 ft (1) | 27.5.ft | 43 ft | — |
| 8 ft | 60o | 9.2 ft | 16 ft | 14 ft (1) | 30 ft | 46 ft | — |
| TABLE 3-6—MINIMUM PARKING SPACE AND AISLE DIMENSIONS | ||||||||
|---|---|---|---|---|---|---|---|---|
| Space Width | Parking Angle |
L | D | A | N | P | OP | |
| 8.ft | 90o | 8.0 ft | 18 ft | 24 ft | 42 ft | 60 ft | — | |
| 8.5 ft | 45o | 11.8 ft | 16 ft | 12.5 ft (1) | 28 ft | 44.5 ft | — | |
| 8.5 ft | 60o | 9.7 ft | 16.5 ft | 14 5.ft (1) | 30.5 ft | 47.5 ft | — | |
| 8.5 ft | 90o | 8.5 ft | 18 ft | 24.5 ft | 42.5 ft | 60.5 ft | — | |
| 9 | ft | 30o | 18 ft | 16.8 ft | 11 ft (1) | 27.8 ft | 44.6 ft | — |
| 9 | ft | 45o | 12.7 ft | 19 ft | 16 ft (1) | 35 ft | 54 ft | — |
| 9 | ft | 60o | 10.4 ft | 20 ft | 18 ft | 38 ft | 58 ft | — |
| 9 | ft | 90o | 9.0 ft | 18 ft | 26 ft | 44 ft | 62 ft | — |
| Note: | ||||||||
| (1) | Only one-way aisles | permitted. |
E.
Curbing and wheel stops (except single-family detached):
1.
Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, sidewalks, other structures, and landscaping.
a.
Alternative barrier designs may be approved by the Director.
b.
Parking spaces adjacent along their length to landscaped areas or other similar surfaces shall incorporate an additional curbing width of 12 inches (for a total of 18 inches) to provide a place to stand while exiting and entering vehicles.
c.
To increase the landscaped area within a parking facility, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions. In the case where a walkway is necessary, in lieu of landscaping, the walkway shall be widened by two feet to provide for a safe curb stop.
d.
Curb design and installation shall comply with National Pollution Discharge Elimination System (NPDES) standards where applicable.
2.
Wheel stops. The use of individual wheel stop blocks is prohibited except in parking facilities not open to the public and in other locations when deemed necessary by the Director.
F.
Directional arrows and signs (except single-family detached):
1.
Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.
2.
The Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.
G.
Landscaping (except single-family detached):
1.
Landscaping of an existing, proposed, or improved parking facility shall be provided in compliance with the Design Guidelines.
2.
All landscaping and other improvements to a parking or loading facility required by this chapter shall be maintained in good condition. Failure of such maintenance shall constitute a violation of this title, and, in addition, may be declared a public nuisance in compliance with this Zoning Code and State law. Security to guarantee parking lot landscape maintenance shall be provided in compliance with Section 20-34.070(B) (Maintenance Contract Required).
H.
Lighting (except single-family detached): Lighting of parking facilities shall be provided in compliance with Section 20-30.080 (Outdoor Lighting).
I.
Access to public right-of-way. Each vehicular passage of any parking or loading facility to or across a public right-of-way shall comply with the following requirements:
1.
No such curb cut may exceed 24 feet in width for residential uses nor 35 feet for nonresidential uses, unless as approved by Minor Conditional Use Permit. Curb cut is defined as the flat bottom dimension for the driveway, excluding wings.
2.
Wherever feasible, curb cuts serving adjacent uses shall be combined to minimize the number of entrances onto arterial and collector streets.
3.
Only one curb cut may be installed for any parking or loading facility, provided that one or more additional curb cuts may be allowed if the City Engineer determines that each such additional curb cut is necessary for the efficient operation of the facility and will not significantly affect capacity and traffic safety.
4.
Curb cuts for any circular driveway or multiple driveways on the same lot must meet the following requirements:
a.
The curb cuts of circular or multiple driveways must be at least 20 feet apart.
b.
The combined width of the curb cuts shall not exceed 40 percent of the lot frontage.
5.
Any curb cut on a corner lot shall be located at the farthest point from the curb return. J.
Striping and identification (except single-family detached): Parking spaces shall be clearly outlined with fourinch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning
areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.
K.
Grade of parking facilities. Parking facilities should not exceed a grade of five percent. The Review Authority may allow slope increases up to 15 percent if it determines that the increase will result in superior project design.
L.
Surfacing. Parking spaces, driveways, and maneuvering and storage areas shall be paved and permanently maintained in good and dust-free condition, in compliance with City Development Standards, except where parking is provided for a temporary use in compliance with Section 20-52.040 (Temporary Use Permits). (Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 22; Ord. 2021-012 § 28) A.
Minimum driveway and aisle width. The minimum width of every driveway or aisle shall be 12 feet for oneway traffic and 20 feet for two-way traffic except where parking necessitates a larger backup dimension per Table 3-6. Reductions or modifications may be permitted by Minor Conditional Use Permit.
B.
Single-family uses. Each single-family dwelling shall provide a continuous paved driveway from the street to the required parking area. Driveways shall be kept free and clear of stored materials, including inoperable vehicles.
C.
Multifamily and nonresidential uses. Drive aisles within multifamily residential and nonresidential parking facilities shall be designed and constructed in compliance with the standards in Table 3-6.
D.
Residential planned developments. Driveways less than 19 feet in depth may be approved by the review authority as a part of a Planned Development project. Attached garages or carports that include tandem parking areas require a minimum 19-foot setback from back of sidewalk or back of curb, whichever is applicable. Attached garages and carports that do not include tandem parking shall have driveways that are not greater than five feet in depth. A driveway providing access from an alley need only be three feet deep.
E.
Clearance from obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standard, or other similar facility.
F.
Visibility. Drive aisles shall be designed and located so that adequate visibility is ensured for pedestrians, bicyclists, and motorists when entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Bicycle parking shall be provided for all multifamily projects and nonresidential uses in compliance with this Section.
A.
Number of bicycle spaces required. Each land use shall be provided the number of bicycle parking spaces required by Table 3-4, and in accordance with Section 20-36.040 (Number of parking spaces required) except where a greater or lesser number of spaces is required through conditions of approval. A minimum of two shortterm bicycle parking spaces and one long-term bicycle parking space shall be provided for new nonresidential development. When the bicycle parking required for a nonresidential land use is based on
square footage, at least 25 percent of the bicycle parking spaces shall be provided in long-term bicycle parking facilities and at least 50 percent shall be provided in short-term bicycle parking facilities.
1.
When part or all of the bicycle parking spaces required for a nonresidential land use is based on the number of employees, that portion shall be provided in long-term bicycle parking facilities.
2.
Bicycle parking spaces for residential uses shall be provided as long-term bicycle parking facilities except that up to 15 percent may be provided as short-term facilities to accommodate visitors.
B.
Bicycle parking design and devices. There are two types of bicycle parking.
1.
Bicycle parking—Short term. Short term bicycle parking is typically in the form of bicycle racks. Bicycle racks must meet the following criteria:
a.
Supports the bicycle upright by its frame in two places;
b.
Prevents the wheel of the bicycle from tipping over;
c.
Enables the bicycle frame and at least one wheel to be secured to the rack with a U-lock;
d.
Rack is constructed of materials that resist cutting by manual tools such as bolt cutters, hand saws, abrasive cutting cables and pipe cutters;
e.
Rack is securely anchored to the ground.
2.
Bicycle parking—Long term. Long term bicycle parking protects the entire bicycle and its components from theft, vandalism, and inclement weather.
a.
Bicycle lockers. A bicycle locker is a fully enclosed space for one bicycle, accessible only to the owner of the bicycle. A bicycle locker must be equipped with an internally mounted key-actuated or electronic locking mechanism, and not lockable with a user-provided lock. Groups of internal-lock bicycle lockers may share a common electronic access mechanism provided that each locker is accessible only to its assigned user. Bicycle lockers shall be constructed of molded plastic/fiberglass, solid metal or perforated metal. b.
Restricted-access bicycle enclosure. A restricted-access bicycle enclosure is a covered or indoor locked area containing within it one bicycle rack space for each bicycle to be accommodated and accessible only to the owners of the bicycles parked within it.
C.
Bicycle parking layout.
1.
General guidelines.
a.
All bicycle parking spaces provided shall be on a hard and stable surface.
b.
All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.
c.
All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles.
d.
Short-term bicycle parking facilities are subject to and shall meet all the following requirements:
(1)
The facilities shall be located at least three feet away from any wall, fence, or other structure.
(2)
When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other.
(3)
The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles.
(4)
Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.
2.
Bicycle parking space location.
a.
Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible and well lighted area within 50 feet of a building entrance and within view of pedestrian traffic.
b.
Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and shall be at least as convenient and close to building entrances as the nearest non-disabled automobile parking space.
D.
Required shower facilities. All new buildings and additions to existing buildings that result in a total floor area as shown in the following table shall be required to provide employee showers and dressing areas for each gender as shown in the following Table 3-7 (See General Plan Policy T-L-8).
| TABLE 3-7—NUMBER OF SHOWERS REQUIRED | ||
|---|---|---|
| Type of Land Use | Number of Showers Required for Specified Building Floor Area | |
| 1 Shower for Each Gender | 1 Additional Shower for Each Gender |
|
| Office Uses(business, professional) |
50,000 to 149,999 sf. | Each 100,000 sf. or portion thereof over 150,000 sf. |
| Retail Trade, Service Uses | 50,000 to 299,999 sf. | Each 200,000 sf. or portion thereof over 300,000 sf. |
| Manufacturing and Industrial Uses |
50,000 sf. to 299,000 sf. | Each 200,000 sf. or portion thereof over 300,000 sf. |
E.
Required locker and dressing room facilities. Land uses required by this Section to provide showers shall also provide dressing rooms for each gender and one locker for each required long term bicycle parking space. Required lockers shall be located in relation to required showers and dressing areas to permit access to locker areas by either gender.
(Ord. 3677 § 1, 2004; Ord. 3972 §§ 7, 8, 2011)
A.
Loading spaces to be permanent. Loading spaces shall be permanently available, marked and maintained for loading purposes for the use they are intended to serve. The Director may approve the temporary reduction of loading spaces in conjunction with a seasonal or intermittent use.
B.
Number of loading spaces required. The number of loading spaces to be required shall be determined by the review authority based upon the requirements set forth in Table 3-8. Land uses not specifically listed in Table 3-8 shall provide loading spaces as determined by the Director. The Director shall use the requirements of Table 3-8 for similar uses as a guide in determining the minimum number of loading spaces to be provided and may require the applicant to fund a loading space study to determine loading space demand. C.
Combination of uses or occupants. Where more than one type of use listed in Table 3-8, or more than one occupant is located in the same building or on the same site in such a manner that all such uses or occupants can be served by a common loading area, the guidelines in Table 3-8 may be applied to the combination of all such uses and occupants.
| TABLE 3-8—LOADING SPACE REQUIREMENTS | |||
|---|---|---|---|
| Type of Land Use | Total Gross Floor Area | Loading Spaces Required (1) |
|
| Industrial, manufacturing, research and development, and institutional uses |
less than 20,000 sf | 1 space | |
| 20,000 sf or more | 2 spaces | ||
| Office uses | Less than 10,000 sf | none | |
| 10,000 to 30,000 sf | 1 space | ||
| 30,000 to 50,000 sf | 2 spaces | ||
| 50,000 to 75,000 | 3 spaces | ||
| greater than 75,000 | 4 spaces | ||
| Commercial, retail, service, restaurant and other allowed commercial uses |
less than 5,000 sf | none | |
| 5,000 sf or more | 1 space | ||
| Note: | |||
| (1) | The Review Authority may increase these requirements where it determines that additional loading spaces will be needed. |
D.
Loading area design standards. Loading areas shall be designed and constructed as follows. 1.
Location. Loading spaces shall be located based on the operating characteristics of the proposed use to:
a.
Ensure that the loading facility is screened from adjacent streets as much as possible;
b.
Ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other traffic areas on-site;
c.
Ensure that vehicular maneuvers occur on-site; and
d.
Minimize adverse impacts upon neighboring residential properties.
2.
Dimensions. Minimum loading space dimensions shall be 12 feet in width, 45 feet in length, and with 14 feet of vertical clearance. Loading spaces for office facilities and nonresidential land uses of less than 10,000 square feet may be 10 feet in width by 30 feet in length, and may be combined with parking spaces. The Director may increase or decrease the dimensions where it is clear that larger or smaller loading spaces are warranted due to the nature of the proposed project.
3.
Lighting. Loading area lighting shall comply with Section 20-30.080 (Outdoor Lighting).
4.
Loading doors and gates. Loading bays and roll-up doors shall be painted to blend with the exterior structure walls. Loading bays and doors, and related trucks shall be adequately screened from view from adjacent streets as determined by the Review Authority.
5.
Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 20-30.060 (Fences, Walls, and Screening).
6.
Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "Loading Only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. Curb-adjacent loading areas shall be identified by a yellow painted curb and the words "Loading Only."
E.
Waiver of loading space requirements. The Director may waive all or part of the requirement to provide loading spaces if he or she first finds that unusual circumstances unique to the proposed project make the requirement unattainable or unnecessary.
F.
Review Authority to review and approve. Prior to the issuance of a building permit for any loading facility, or any project which includes a loading facility, the Review Authority shall review and approve each such facility or project to assure that the proposed loading areas are designed and constructed in compliance with the following standards.
(Ord. 3677 § 1, 2004)
N.¶
Real estate for sale or lease signs. One real estate for sale or lease sign is allowed on any lot or parcel for each side with street exposure without a Sign Permit with the following provisions:
1.
Each sign is entirely within the property to which it applies;
2.
No sign is illuminated;
3.
No sign on a lot zoned for single-family residential shall exceed six square feet in area and six feet in height;
4.
A non-single-family residential lot that is 20,000 square feet or less shall be permitted a maximum of 12 square feet for each permitted freestanding or wall sign;
5.
Non-single-family residential lots in excess of 20,000 square feet shall be allowed up to 24 square feet for each permitted freestanding or wall sign;
6.
No freestanding sign shall exceed nine feet in height; and
7.
No wall sign shall exceed 20 feet in height.
O.¶
Seasonal decorations—Private property. Seasonal and/or holiday decorations and displays such as those related to Thanksgiving or the Fourth of July, not including advertising signs disguised as seasonal decorations, are allowed without a Sign Permit.
P.
Signs required by law. Signs displayed by private individuals, when required by law or regulations of any governmental agency, including, but not limited to, service station pricing signs when such signs are clearly secondary to identification signing, are allowed without a Sign Permit.
Q.¶
Street number, address, and/or name. Two signs for each building not exceeding one square foot each in single-family and duplex zoning districts and three square feet each in all other zoning districts are allowed without a Sign Permit.
R.
Temporary signs within commercial zoning districts. Temporary on-site, wall-mounted signs are allowed within commercial zoning districts without a Sign Permit for a maximum of 45 days after the opening of a
new business, provided that the area of the temporary signs shall not exceed 50 percent of the total sign area allowed on the site by Section 20-38.060, Zoning District Sign Standards.
S.¶
Temporary signs for City activities. Signs and notices containing the identification of city charitable activities, seasonal programs, special events, and/or City affiliated not-for-profit service clubs containing information relating to their meetings, fund raising, other nonprofit activities or seasonal programs offered, and not
exceeding 48 square feet and occurring no more than four times within a 12-month period at each location, are allowed without a Sign Permit.
T.
Drive-through menu boards excluding digital menu boards. Locations with approved drive through facilities are permitted a maximum of 30 square feet of menu reader board, with no portion of a menu board permitted to be over seven feet in height.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 2, 2014; Ord. 2020-014 § 23; Ord. 2021-012 § 29; Ord. 2024-005, 4/9/2024)
A.
Sign area measurement. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows.
1.
The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-13.
(Image not reproduced in this text.)
Figure 3-13—Sign Area Measurement
2.
Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
3.
The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed 18 inches and the two faces are parallel with each other.
4.
Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-14.
(Image not reproduced in this text.)
Figure 3-14—Dimensional Sign Measurement
5.
The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.
B.
Freestanding sign height measurement. The height of a freestanding sign shall be measured as the vertical distance from the lowest point of the base of the sign structure, to the highest point of the structure, where the lowest point of the base of the structure does not include fill, planters, or other material artificially placed to allow increased sign height. See Figure 3-15.
(Image not reproduced in this text.)
Figure 3-15—Sign Height Measurement
C.
Sign location requirements.
1.
All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this Chapter. A sign may project over an adjacent public right-of-way only when authorized by an encroachment permit as well as a Sign Permit.
2.
No sign shall be located within the public right-of-way, except as otherwise allowed by this Chapter. 3.
The location of all signs shall be evaluated to ensure:
a.
That the setback is appropriate for the height and area of a freestanding or projecting sign;
b.
That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and/or cover architectural features shall be discouraged;
c.
That signs do not unreasonably block the sight lines of existing signs on adjacent properties; and
d.
Pedestrian and vehicular safety.
(Ord. 3677 § 1, 2004; Ord. 4028 § 2, 2014)¶
Each sign shall comply with the sign type, area, height, and other restrictions provided by this Section, except as otherwise expressly provided in Section 20-38.040, Signs and Sign Changes Allowed Without a Sign Permit or Section 20-38.070 Standards for Special Category Signs.
A.
Residential zoning districts. Each sign in a residential zoning district established by Section 20-20.020 (Zoning Map and Zoning Districts), shall comply with the following requirements.
| TABLE 3-9—SIGN STANDARDS FOR RESIDENTIAL ZONING DISTRICTS | |||
|---|---|---|---|
| Allowed Sign Types | Maximum Sign Height | Maximum Number of Signs Allowed per Parcel |
Maximum Sign Area Allowed per Parcel |
| Wall or freestanding | Wall signs: below edge of roof; freestanding: 6 ft. |
1 of either allowed sign type per entrance or street frontage; one rental/ |
32 sf. maximum each wall or freestanding sign; up to 6 ft. for rental/ sf. total for all signs |
B.
Commercial and industrial zoning district sign standards. Each sign in the commercial and industrial zoning districts established by Chapter 2, Zoning Districts and Allowable Land Uses, shall comply with the requirements in Table 3-10, in addition to the provisions of Section 20-38.070 Standards for Special Category Signs, as applicable.
| TABLE 3-10—SIGN STANDARDS FOR | TABLE 3-10—SIGN STANDARDS FOR | COMMERCIAL & INDUSTRIAL ZONES | COMMERCIAL & INDUSTRIAL ZONES |
|---|---|---|---|
| Allowed Sign Types | Maximum Sign Height and Location |
Maximum Number of Signs Allowed per Business/ |
Maximum Sign Area Allowed per Business/ |
| Awning (1) | Below edge of roof or top of parapet (2) |
3 of any combination of allowed sign types per business except that only 1 freestanding sign per street entrance is allowed. |
1 sf. for each linear ft. of primary building or store frontage (for buildings with multiple frontages, 1 sf. for each linear foot of primary frontage plus 0.5 sf for each foot of secondary frontage). The total area of all signs on a single building frontage shall not |
| Allowed Sign Types | Maximum Sign Height and Location |
Maximum Number of Signs Allowed per Business/ |
Maximum Sign Area Allowed per Business/ |
| exceed the total linear feet in that frontage. At least 10 sf., and no more than 100 sf., are allowed for each business. |
|||
| Freestanding | 7.5 ft. in height; min. of 5 ft. behind sidewalk or property line, whichever is greater. Additional height up to 9 ft. may be added through the Minor Design Review process. |
Only 1 freestanding sign per street entrance is allowed. Sites with multiple tenants must accommodate all tenants on one freestanding sign. |
1 sf. for each linear ft. of primary building or store frontage (for buildings with multiple frontages, 1 sf. for each linear foot of primary frontage plus 0.5 sf. for each foot of secondary frontage). The total area of all signs on a single building frontage shall not exceed the total linear feet in that frontage. At least 10 sf., and no more than 100 sf., are allowed for each business. |
| Allowed Sign Types | Maximum Sign Height and Location |
Maximum Number of Signs Allowed per Business/ |
Maximum Sign Area Allowed per Business/ |
| Projecting, Wall | Below edge of roof or top of parapet (2) |
3 of any combination of allowed sign types except that only 1 freestanding sign per street entrance is allowed. |
1 sf. for each linear ft. of primary building or store frontage (for buildings with multiple frontages, 1 sf. for each linear foot of primary frontage plus 0.5 sf. for each foot of secondary frontage). The total area of all signs on a single building frontage shall not exceed the total linear feet in that frontage. At least 10 sf., and no more than 100 sf., are allowed for each business. |
| Suspended | Below eave/ least 8 ft. above a walking surface. |
3 of any combination of allowed sign types, except that only 1 freestanding sign per street entrance is allowed. |
1 sf. for each linear ft. of primary building or store frontage (for buildings with multiple frontages, 1 sf. for each linear foot of primary frontage plus 0.5 sf. for each foot of secondary frontage). The total area of all signs on a single building frontage shall not exceed the total linear feet in that frontage. At least 10 sf., and no more than 100 sf., are allowed for each business. |
| Temporary/ |
See Section 20-38.070(O) and |
(P). |
|
| Window | See Section 20-38.070(Q). |
| TABLE 3-10—SIGN STANDARDS FOR | TABLE 3-10—SIGN STANDARDS FOR | TABLE 3-10—SIGN STANDARDS FOR | COMMERCIAL & INDUSTRIAL ZONES | COMMERCIAL & INDUSTRIAL ZONES |
|---|---|---|---|---|
| Allowed Sign Types | Maximum Sign Height and Location |
Maximum Number of Signs Allowed per Business/ |
Maximum Sign Area Allowed per Business/ |
|
| Indoor Signs and Outdoor Signs Not Visible from a Street |
See Section 20-38.070,as applicable |
|||
| Notes: | ||||
| (1) | Limited to ground level and second story; awnings shall not be internally illuminated, except that lettering on the awning valance may be backlit; direct exterior lighting may be allowed; translucent materials are prohibited. |
|||
| (2) | At least one foot below the top of a parapet, and/ overhang, except that a sign that is designed into a building architecture, such as a dormer into a roof, may be permitted. |
|||
| (3) | For calculation purposes, the area of a two-sided sign shall be based on only one face of the sign. | |||
| (4) | A wall sign may be located on any primary or secondary building frontage; no sign shall project from the surface to which it is attached more than required for construction purposes, and in no case more than 12 inches (except projecting signs); and no sign shall be placed so as to interfere with the operation of a door or window. |
(Image not reproduced in this text.)
Figure 3-16—Examples of Sign Type"
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3968 § 10, 2011; Ord. 3995 § 9, 2012; Ord. 4028 § 2, 2014; Ord. 2024-005, 4/9/2024)
Proposed signs shall comply with the following standards where applicable, in addition to the sign area, height, and other requirements set forth in the City Design Guidelines and all other applicable provisions of this Chapter.
A.
New-car auto dealerships identification signs. The following requirements apply to new-car auto dealership identification signs:
1.
Identification signing. Two attached wall signs, and/or one freestanding sign are permitted for new-car automobile dealers are permitted. The maximum total sign area for identification signs shall not exceed 200 square feet. Used automobile dealers are subject to the same sign criteria as traditional retailers.
2.
Incidental window signing. Incidental window signing at auto sales agencies may be permitted up to 25 percent of window area. Window signing on vehicles for sale is permitted, provided that the signing does not exceed two square feet and is stationary. A Sign Permit is not required for incidental window signing.
3.
Temporary banners. Temporary banners, special events displays, etc., shall comply with Sections 20-38.050 and/or 20-38.080(P), as applicable.
4.
Dealership in the CV district. A dealership located in a CV zoning district shall comply with the design guidelines of that zone. (See also the CV zoning district requirements for signing.)
B.
Child day care facilities identification. Each facility is permitted two nameplate or identification signs, not to exceed 12 square feet each.
C.
Church and private school bulletin boards. Identification and directory signs shall comply with Section 2038.060 Zoning District Sign Standards. A public, service or religious facility may be permitted a notice board not over 16 square feet, when located on the same site, in addition to identification signing. See Table 3-9 for signs proposed in Residential Zoning Districts.
D.
Election campaign signs. Election campaign signs are permitted in compliance with all of the following requirements:
1.
Each candidate for a public office and each sponsor or group of sponsors for or against a ballot measure shall obtain a Sign Permit from the Department prior to installing any election campaign sign.
a.
The permit application shall be signed by the applicant and shall list the name of the person designated by the applicant for the installation and removal of election campaign signs for that applicant.
b.
The permit application shall contain a statement from the applicant promising to remove all of applicant's election campaign signs within 15 days after the election.
c.
The permit shall be issued without charge within 48 hours, weekends and holidays excepted, of the filing of a complete application.
d.
In the event the applicant does not remove the applicant's election campaign signs within the allowed time period, the Department may remove or cause to be removed any signs that remain. The applicant shall pay the cost of removal. The City shall give written notice to the applicant at least seven days prior to removing the signs.
After written notice to the affected property owner allowing the property owner to protest, the City may remove signs put up without permits. To the extent required by law, the City shall obtain a warrant before entering private property. Any candidate identified in a sign and the person or entity who installs the sign shall pay all costs of removal.
3.
No sign shall be erected earlier than 60 days prior to the election at which the candidate or measure will be voted upon and each sign shall be removed within 15 days after the date of the election.
4.
No sign shall be a roof sign.
5.
No sign supporting or opposing any one candidate or ballot measure shall be more than 16 square feet in area and, if detached, more than nine feet in height.
6.
No property owner shall approve or permit or install more than an aggregate of 80 square feet of election campaign signs per lot of record per election.
7.
No sign shall be erected on, under, above, or across any public property or any public right-of-way. 8.
No sign shall be placed without the permission of the owner of the property upon which the sign is placed. 9.
Each applicant for a Sign Permit in compliance with this Subsection shall obtain written permission from the property owner of any non-residential parcel or any vacant parcel prior to placing a sign on a non-residential or a vacant parcel. The applicant shall maintain the written permission until the sign is removed and shall furnish the written permission to the City upon request.
E.
Historic District signs. Signs located within a Historic District designated by the Council shall comply with the historic guidelines pertaining to that district, and all other development criteria associated with modifications to historic structures. The appropriate application for processing signs in Historic Districts is the Sign Application. A Landmark Alteration Permit is not required; however, individual sign permits may be referred to the Cultural Heritage Board for their review and decision at the discretion of the Director. F.
Motion picture theater identification signs. Changeable copy signs up to 65 square feet may be permitted by the Design Review Board in addition to the allowable number of signs in Section 20-38.060, Zoning District Sign Standards.
G.
Professional office building directory signs. Directory signing in addition to the allowable signs permitted in Section 20-38.060, Zoning District Sign Standards, may be approved by the Director, provided that the signing does not exceed 20 square feet.
H.
Public directional signs. Public directional signs may be permitted for wineries, ice arenas, hospitals, clinics, museums and/or similar uses which are unique tourist or community serving destinations for which the Council Director determines there is an extraordinary need because the public has difficulty locating or there is a public benefit provided by the use. The signs shall be off-site, located in the public right-of-way, identify only the type of use, and not include advertising or commercial identification. The signs shall not exceed a
maximum of one three square feet in area, two in number, and eight feet in height. The signs require Sign Permits and shall be installed and maintained by the city after approvals are obtained. The appropriate size, location and number of these signs shall be determined by the Director in consultation with the Public Works Department.
I.
Public service signs. Signs that provide a public service, such as civic center, performing arts center, special civic event holiday, and time and temperature, public transit schedules etc. when not promoting any product advertising message or business identification, may be allowed in addition to the signs permitted under Section 20-38.060, Zoning District Sign Standards. This subsection does not apply to Wayfinding Signs, see 20-38.080 Standards for Wayfinding Signs.
J.
School signs (public or private). Identification and directory signs may be permitted provided that all signing is located on site and does not exceed a maximum combined area of 100 square feet. K.
Service stations (permanent signing). Notwithstanding the signs permitted under Section 20-38.060, Zoning District Sign Standards, the following signs are permitted for service stations: 1.
Three identification signs, one of which may be freestanding and the others attached to the building or canopy below the eave line, not exceeding 100 square feet in combined area;
2.
The Director may approve additional signs, in excess of the three identification signs, describing hours of operations, self-serve, and related accessories (such as car wash, propane, etc.) provided that all signs do not collectively exceed the 100 square foot allowance;
3.
Two price signs in compliance with State of California requirements for wording and size, as well as individual brand labels on each pump limited to a maximum dimension of five inches, may be permitted in addition to the 100 square foot allowance.
L.
Decorations and events—Public property. Seasonal decorations and banners, decorations, and identification signs, containing not more than the name, logo, name or logo of sponsor (less than 20 percent of sign area), and date of an event may be displayed on public property at a height of greater than eight feet, if the event has been approved or recognized by resolution of the Council or their delegate. The proposed signing and decorations shall be reviewed and approved by the Director as to their design and placement on public property. "Event" as used in this Section means a major civic activity, which may be City-sponsored, and which involves expressly invited community-wide participation, such as the Santa Rosa Downtown Market, the Rose Parade, and First Night. Banners, decorations and signs may be placed up to 30 days before an event and shall be removed within five working days after the conclusion of an event. Temporary signs shall be allowed, during and within the boundaries of the event, which identify activities, features, services, facilities, goods, and food or beverages available at locations included within the event, whether or not on public property.
M.
A shopping center, business or industrial park may be identified by a common sign, provided that only one sign shall be located on each specific street frontage which provides access to the center, or at an intersection of two streets with access to the center. A shopping center sign should identify the entire center and shall not be named for individual tenants or major users.
N.¶
Subdivision signs—Permanent identification signs. Permanent identification signing attached to a permanent structure designed for the purpose of subdivision identification and located at the subdivision entry on private property, not exceeding a height of nine feet, nor two signs per entrance may be permitted. O.
Subdivision signs—Temporary identification and sales signs.
1.
Temporary on-site signs, each not exceeding 32 square feet in area and one in number per entrance to a subdivision, during the time of sales of subdivision lots. No sign shall exceed a maximum height of nine feet.
2.
Additional on-site model home signs may be permitted, provided that the signs do not exceed two square feet and a total of six signs. Other signs located on the subdivision site not exceeding two square feet each, or banners not exceeding 32 square feet, or similar displays are permitted provided that they are located entirely within the subdivision and are not visible from any street except those within or bordering the subdivision.
3.
Temporary off-site directional signs for a residential subdivision may be permitted providing they meet the
following criteria. For the purposes of this section, "temporary" shall mean signing that shall only be permitted during the time period of subdivision sales; however, in no case shall the signing remain more than nine months but may be renewed at the end of nine months.
a.
A maximum of two signs, each not exceeding 16 square feet in area (no dimension of which shall be longer than eight feet) and six feet in height, located entirely on private property with the property owner's permission and outside of the vision triangle or the vision clearance needed for safe access to and from any driveways or other roadways in the vicinity. No more than two signs shall be located on any parcel.
b.
It is the desire of the City that directional signs for subdivisions be located jointly in aggregate sign structures. To that end, in addition to the signs that may be permitted under Subsection (3)(a), a total of three aggregate subdivision sign structures, each not exceeding 24 square feet in total area nor six feet in height may be permitted. An aggregate sign structure shall contain space for at least four subdivision sign panels. Each sign panel shall be no larger than one foot by four feet. Only one sign panel for a particular subdivision shall be allowed in an aggregate sign structure. An aggregate sign structure shall be located entirely on private property, with the property owner's permission, and outside of the vision triangle or the vision clearance needed for safe access to and from any driveways or other roadways in the vicinity. An aggregate sign structure shall not be located on the same parcel that contains a Sign Permitted under Subsection (3)(a) or within 500 feet of a Subsection (3)(a) sign, and only one aggregate sign structure may be located on a single parcel.
4.
Flags displayed in conjunction with subdivision sales may be permitted in addition to temporary signing providing such flags do not exceed five in number, six square feet in area each, and are not displayed above 24 feet in height.
P.¶
Temporary signs. Temporary signs are any sign which is temporary, incidental, and is used for the purpose of conveying information concerning goods, services, or facilities available on the premises in addition to
permanent signs allowed under this chapter. Temporary signing shall be permitted to be displayed on site for a total of 14 consecutive days unless otherwise specified. The following temporary signs are permitted:
1.
Informational signs pertaining to events or activities occurring on the premises such as holidays, special sales and promotions. The signing shall only be permitted on four occasions throughout a calendar year, 32 square feet each in total sign area and not more than two in number;
2.
Temporary window signing, limited to a maximum of 25 percent of each window surface; 3.
Temporary service station signs, such as merchandise display, promotions, and signs located on gasoline pumps;
Q.¶
Window signs. The following standards apply to window signs in all zoning districts where allowed by Section 20-38.060, Zoning District Sign Standards.
1.
Maximum sign area. Permanent window signs shall not occupy more than 20 percent of the total window area.
2.
Permanent window signs.
a.
Signs shall be allowed only on windows located on the ground level and second story of a building frontage.
b.
Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.
Temporary window signs. Temporary window signs may be allowed provided that the signs:
a.
Are displayed inside a window for a maximum of 10 days;
b.
Shall only be located within the ground-floor windows of the structure.
R.
Business that sell hemp derived CBD products. Business that sell hemp derived CBD products shall not advertise or market hemp or hemp derived CBD products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground or youth center.
S.¶
Gateway signage. Gateway signage requires a Sign Program and Concept review with the applicable Review Authority. The signs may be off site and located in the public right-of-way and may not include advertising or commercial identification. The size, location, and number of signs shall be determined by the review authority. Signs must be provided in English and Spanish. T.
Informational Kiosks and Maps. Informational Kiosks and Maps are allowable within the -DSA Combining District, -SA Combining District, and Transit Hubs. A Sign Program is required for Informational Kiosks and Maps. Concept Review with the applicable Review Authority is required. The signs may be off site and located in the public right-of-way and may not include advertising or commercial identification. The size,
location, and number of signs shall be determined by the applicable review authority. Signs must be provided in English and Spanish.
U.¶
Transit Hub Signage. A Sign Program shall be required for Signage proposed within a Transit Hub and shall be reviewed for approval by the Director of Transportation and Public Works and the Director of Planning and Economic Development. Additional Concept Review may be required by the applicable Review Authority.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3968 § 11, 2011; Ord. 4028 § 2, 2014; Ord. 2021-012 § 30; Ord. 2024-005, 4/9/2024)
Proposed signs shall comply with the following standards where applicable or where there is a conflict with other sections of this chapter.
A.
Wayfinding Signs Program eligibility criteria. The proposed Wayfinding Signs Program would identify Business or Public/Civic Amenity locations within the boundaries of the Downtown Station Area or the North Station Area, as shown in Figure 3-17.
(Image not reproduced in this text.)
Figure 3-17—Wayfinding Locations
B.
General standards.
1.
Number of signs allowed.
a.
A Wayfinding Sign Program is required for proposals of three (3) or more new Sign Posts.
b.
Business Wayfinding. A maximum of six (6) Sign Plaques are allowed per Business. Each Sign's Plaque face shall count as one, including those on a double-faced signpost.
c.
Public/Civic Amenity Wayfinding. There is no maximum number of signs.
2.
Dimensions.
a.
Sign Plaque dimensions shall be measured from edge to edge of plaque, not within boundaries of lines surrounding text or logos.
| Table 3-11 - WAYFINDING SIGN DIMENSIONS | ||
|---|---|---|
| Sign Post | Sign Plaque | Font Size |
| Maximum of 8 feet in height unless placed on an approved City street furnishing |
Maximum of 12-inches in height by 24-inches in length |
Public/ 2-inches minimum, 6-inches maximum Business Wayfinding: Business names shall be 2- inches minimum and 6-inches maximum. Associated text may be smaller than 2-inches and shall be no larger than the business name. Logos do not have a size requirement. Businesses with the name as the logo shall follow the 2-inch minimum and 6-inch maximum requirement. |
3.
Standards for sign locations. Wayfinding Signs may be located in the public right-of-way or on private property.
a.
General location standards.
(1)
Maintain a 3-foot distance requirement from hydrants and other fire protection equipment.
(2)
All installations shall meet requirements of the Americans with Disabilities Act or California Building Code; whichever is applicable.
b.
Wayfinding Signs located within the public right-of-way shall comply with the following standards:
(1)
An encroachment permit shall be required for the installation of any signs in the public right-of-way, consistent with City Code Title 13.
(2)
The location of any sign placed within the public right-of-way shall be determined by the City Engineer, or designee, during review of an encroachment permit.
(3)
Sign Posts shall be incorporated with Street Furnishing in the Public Right-of-Way unless otherwise determined by the City Engineer.
(4)
Sign Posts shall not obstruct accessible path of travel unless the Sign Plagues are 80-inches above sidewalk elevation or behind a 27-inch-high barrier.
(5)
Placement of wayfinding signs shall be prohibited on traffic signals.
(6)
Wayfinding signs may be allowed on streetlights with approval from the City's Traffic Engineering Division for specific locations and orientation.
(7)
Wayfinding signs proposed on private property shall be located outside of easements and shall meet the setback requirements of the applicable zoning district.
C.
Design standards.
1.
General design standards.
a.
Signage may indicate walking time estimates to the location on the Sign Plaque but are not required.
b.
For Signs Plaques with varying font sizes, the primary text shall meet the font size requirements in Table 3- 11.
c.
Flashing or digital signs are prohibited.
d.
Directional arrows are required for each Sign Plaque.
e.
Sign Header shall be prominently located on the top of a Sign Post and shall be larger in size and font size than the Sign Plaques.
(1)
The Sign Header shall include the name and imagery of the location in which it is located. f.
Pictograms shall be used on the Sign Plaques when required by the California Building Code and the International Code Council.
2.
Public/civic amenities wayfinding.
a.
Iconography and directional arrows are required for each Sign Plaque. The icon shall be positioned on the side opposite the directional arrow.
b.
Language. Sign text shall be required in both English and Spanish.
c.
Uniform design required. Each Sign Plague shall include the same font type, size and color.
Business wayfinding.
a.
Iconography is optional but highly encouraged to provide clarity. Any icon shall be positioned on the side opposite the directional arrow.
b.
Logos for Businesses are optional but highly encouraged to display an individual business' character.
c.
One Public/Civic Amenity Wayfinding Sign is required for each Sign Post.
(1)
This standard shall not apply in areas where Public/Civic Amenities already have signage within 100 feet of a proposed Wayfinding Sign Post.
(2)
This standard shall not apply in areas where the nearest Public/Civic Amenity is more than 200 feet away from a proposed Wayfinding Sign Post.
d.
Business phone numbers, physical addresses, QR codes, and website address text are prohibited. D.
Application process.
1.
A Sign Program application shall be required for every Wayfinding Program submittal. A Sign Program application shall be submitted to the Planning and Economic Development Department, accompanied by a processing fee as required by resolution of the City Council.
a.
A Sign Program application shall consist of the following:
(1) Location Map.
(2)
Conceptual renderings scaled to each site location.
(3)
Color Palette.
(4)
Font Size.
(5)
Font Type.
(6) Iconography.
(7) Pictograms.
(8) Directional Arrows.
(9) Proposed Sign Plaques, Sign Header, and Sign Posts.
(10) Dimensions.
(11)
Materials
(12)
Physical mockup to scale.
i.
Mockup materials do not need to be exact.
ii.
Mockup dimensions and design shall be exact. iii.
Sign Post not required for Mockup. E.
Changes to an approved Wayfinding Sign Program.
1.
A Sign Permit shall be required for new Sign Plaques proposed to be installed on an existing approved Sign Program. A Sign Permit application shall be submitted to the Planning and Economic Development Department, accompanied by a processing fee as required by resolution of the City Council.
2.
Changes to an existing approved Sign Program shall be reviewed by the Director of Planning and Economic Development and an application shall be submitted to the Planning and Economic Development Department, accompanied by a processing fee as required by resolution of the City Council.
F.
Sign removal. Sign Plaques associated with a closed business shall be removed within 30 days after the business closes. Failure to do so may result in their removal by the City and the cost shall be paid by the business owner."
(Ord. 2024-005, 4/9/2024)¶
The following signs are not permitted within the City:
A.
Abandoned signs. No person shall maintain or permit to be maintained on any property owned or controlled by him or her, any sign which has been abandoned. Any such sign shall promptly be removed by the owner or persons controlling the premises. Any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which was erected for any occupant or business unrelated to the present occupant or his or her business, or any sign which pertains to a time, event, or purpose which no longer applies, shall be presumed to have been abandoned, except that permanent signs applicable to a business temporarily suspended by reason of a change of ownership or management of such business shall not be considered abandoned unless the property remains vacant for a period of six months.
B.
Signs on public property. The tacking, posting, painting, marking, writing, gluing, taping or otherwise affixing of signs, including, but not limited to, posters, flyers and handbills, to or on any tree, pole, post, or any other structure, whether publicly or privately owned, which is located on public property or within the public rightof-way, without the prior written authorization of the governmental entity owning or in control thereof, is a public nuisance and is prohibited. Signs posted in violation of this subsection are subject to immediate removal. Violation of this subsection shall be prosecuted as an infraction. Any person who owns an interest in or is an officer, partner or member of any business or association or venture, including performing arts groups, whether for profit or not for profit, which is advertised in a sign covered by this subsection or any person who tacks, posts, erects or otherwise affixes or procures the doing of same of a sign covered by this
subsection shall be strictly liable for such violations. The posting of each sign shall constitute a separate violation.
C.
Moving, flashing, electronic/digital and windblown signs. No moving, rotating, flashing, or changing of color intensity or signs with electronic/digitally created content (i.e., electronic reader board signs), and no windblown signs, such as posters, pennants, streamers, or strings of light bulbs, balloons, or other inflated
objects are permitted. The only exceptions to these requirements are time and temperature devices, digital service station price signs, digital drive-thru restaurant menu boards, and signs installed by a governmental agency in carrying out its responsibility to protect public health, safety and general welfare. D.
Freeway oriented signs. Signs primarily oriented toward freeways and highways are prohibited. Signs shall be oriented toward local streets and businesses entrances.
E.
Off-site signs (billboards).
1.
Unless specifically allowed by other provisions of this chapter, a sign of any kind which identifies, advertises or promotes a commercial use, enterprise, business, service, or product which is not located or sold on the property on which the sign is located is prohibited.
2.
The provisions of Subsection E.1 shall not apply to any nonconforming sign during its amortization period nor to an off-site sign that is not permitted to be removed under local regulations or laws without the
payment of just compensation as required under provisions of the California Outdoor Advertising Act that validly preempt this City's police power and other authority which has been granted to it by the State Constitution, the City's Charter, and/or general law; provided, however, that any off-site sign not permitted to be removed without the payment of compensation under such provisions of the Act, shall be removed under Subsection E.1, in the manner required by law, upon the adoption of a resolution by the Council authorizing the payment of such just compensation, as may be required by law, for its removal.
F.
Portable signs. An "A" frame sign or other sign attached to a device used to allow the sign to be rolled or moved around is prohibited. Included in this category are signs larger than three square feet affixed to a vehicle intended for the purpose of business identification, directional to a business, or advertisement of a business.
G.
Roof signs. No sign shall be installed upon, against or directly above a roof or on top of or above the parapet of a building. Exception: if found by the Design Review Board to qualify as an architectural element designed in conjunction with the building architecture the provisions of this subsection shall not apply.
H.
Cabinet signs. Internally illuminated cabinet signs which utilize two-dimensional plastic faces with the entire background illuminated are prohibited. Cabinet signs which incorporate three-dimensional textured faces, routed faced push-through copy and/or opaque (plastic/metal/wood) backgrounds are appropriate.
I.
Pole mounted signs. A freestanding sign mounted to a visible structural support structure is prohibited. J.
Temporary and portable signs. Temporary and portable signs, except as allowed by Sections 20-38.070.O and P, are prohibited.
K.
Vision triangle. Placement of any sign within a vision triangle is prohibited.
L.
Other signs. Signs that are obscene, illegal, hazardous to traffic, imitative of official government signs (i.e., Stop, Danger, Caution, etc.) or obstructive to public visibility, so as to create a hazard to the public are prohibited.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3995 § 8, 2012; Ord. 4028 § 2, 2014; Ord. 2021-012 § 31; Ord. 2024-005, 4/9/2024)
A.
General. Except as provided in Subsection E, any existing sign that was lawfully erected and maintained prior to the original adoption of this chapter on September 18, 1984, and which is in conflict with the provisions of this chapter, shall be deemed nonconforming as of October 19, 1984, the effective date of this chapter, and may be maintained only in compliance with the provisions of this chapter; provided, however, that during the period it is allowed to be maintained, the sign shall not be changed, modified, altered or relocated. Any change, alteration, modification, or relocation shall render the sign unlawful and the sign shall thereupon either be brought into compliance with the requirements of this chapter or be removed. B.
Signs made nonconforming by reason of annexation. Any lawfully erected and lawfully maintained sign which becomes nonconforming by reason of the annexation to the City of the property upon which the sign is located, or by the amendment of this chapter shall be subject to the provisions of this chapter. C.
Previously existing nonconforming signs. Any existing sign that was in a nonconforming status with respect to the provisions and requirements of Division 4, Chapter 17 of the City of Santa Rosa Zoning Code, as the same existed immediately prior to the original adoption of this chapter, on September 18, 1984, and to which the provisions of Sections 580 and 581 of the subject Zoning Code were applicable, shall continue to be governed by the amortization provisions of said Article 17, and upon the expiration of the applicable amortization period there set forth, the sign shall become illegal and shall be removed or modified to conform to all provisions of this chapter. Any nonconforming sign that was subject to abatement and removal under the provisions of Article 17 because the applicable amortization period required by Article 17 had expired, but which was not removed or brought into conformity with the provisions of Division 4, is hereby declared unlawful and a public nuisance, and the sign shall be subject to abatement in compliance with this chapter, unless the sign is in conformity with all applicable provisions of this chapter.
D.
Removal of a nonconforming sign. A nonconforming sign shall either be made to comply with the provisions of this chapter and the City Code, or shall be removed within the applicable time period set forth in this chapter. In the event that they are not, the Director shall order the sign removed by the property owner and/or by any person known to have control over or ownership of the sign. It shall thereafter be unlawful for the person to maintain the sign or permit the sign to be maintained on the property. E.
Manner of removal of nonconforming signs. Unless some other mode of removal is approved in writing by the Director, the removal of an unlawful, nonconforming sign shall be accomplished as follows. 1.
Painted signs. A sign painted on a building, wall, or fence shall be removed by the removal of the paint constituting the sign or by permanently painting over it in such a way that the sign shall not thereafter be visible.
Other signs. A sign other than a painted sign shall be removed by physically removing the sign, including its dependent structures and supports; or in compliance with an issued Sign Permit, by modification, alteration or replacement thereof in compliance with the provisions of this chapter and the City Code.
F.
Modification of nonconforming signs. The structure, advertising display matter, lettering or accessories of a non-conforming sign shall not be altered, modified, changed, reconstructed or moved without bringing the sign in all respects into compliance with this chapter, provided, however, that nothing herein shall prohibit the normal maintenance or repair of any nonconforming sign.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 2, 2014; Ord. 2024-005, 4/9/2024)
A.
Unlawful signs. Any sign placed in public view for which no Sign Permit has been issued, and that is not otherwise exempted from Sign Permit requirements by this Zoning Code, is unlawful. No person shall install, place, or maintain an unlawful sign and no person shall allow, or permit the installation, placement, or maintenance of an unlawful sign on property owned by the person. The Director shall enforce the provisions of this Chapter.
B.
Removal of unlawful, temporary or portable signs.
1.
The Director may remove, or cause the removal of a temporary or portable sign that is constructed, placed, or maintained on publicly owned property in violation of this chapter or other provisions of the City Code.
2.
The Director may remove, or cause the removal of a temporary or portable sign which is constructed, placed, or maintained on privately owned property in violation of this chapter or other provisions of the City Code after obtaining a warrant for removal.
3.
A sign removed by the Director in compliance with Subsection B.1 or B.2, shall be stored for a period of 20 days from the date written notice of such storage is given. If not claimed within that time period, the sign may be destroyed. Prior to the release of any stored sign, the owner shall pay a fee of $50.00, or other amount as the Council, by resolution, may authorize, to the City to defray a portion of the expenses of removing, storing, and handling the unlawful sign.
4.
Notice of the storage of a sign to be given in compliance with Subsection B.3 may be given by first class mail or personal delivery to the apparent owner of the sign as ascertained from the sign itself or from other information that has been obtained by the Director.
a.
The notice shall briefly describe the sign and what is on its face, and shall state the sign has been stored by the City and that it will be released to the owner, upon satisfactory proof of ownership and the payment of the fee, during a stated 20-day period.
b.
The notice shall state where the owner may obtain the release of the sign and contain such other information as the Director deems necessary or helpful.
c.
Notice is deemed given on the date the notice, addressed to the apparent owner, with first class postage affixed thereto, is placed in a mail depository of the U.S. Postal Service in Santa Rosa or personally delivered
to the owner or to the owner's office or home. If no apparent owner and/or no address of the apparent owner can be ascertained from the sign or other information obtained by the Director, no notice need be given in compliance with this subsection, but the sign shall be stored for at least 20 days from the date it is placed in storage before it may be destroyed.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 2, 2014; Ord. 2024-005, 4/9/2024)
(Ord. 3677 § 1, 2004; Ord. 3968 § 12, 2011)¶
A.
Amortization. Any use of real property existing on March 3, 2000, that does not comply with the provisions this Chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as nonconforming use that may be continued until one year or for one year after March 3, 2000. On or before that date, all nonconforming sexually-oriented business uses shall be terminated unless an extension of time has been approved by the Commission or delegated to staff in compliance Subsection D.
B.
Abandonment. Notwithstanding Subsection A, any discontinuance or abandonment of the use of any lot or structure as a sexually-oriented business shall result in the loss of the legal status of the use.
C.
Amortization—Property annexed into the City.
1.
Any sexually-oriented business that was:
a.
In operation and a legal use at the time of annexation of the property into the City; and
b.
Outside the City limits on the date of adoption of the ordinance codified in this Chapter and which is then annexed into the City shall be allowed to continue to operate as a sexually-oriented business so long as it complies with the requirements of City Code Section 6-80.200 et seq.
2.
Any sexually-oriented business situated on property outside the City limits that lawfully comes into operation after the adoption of this Chapter, and is a legal use at the time of annexation of the property into the City, but which does not comply with the provisions of this Chapter shall be terminated within one year of the date of annexation unless an extension of time is approved by the Commission or delegated to staff in compliance with Subsection D.
D.
Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this Section may apply under the provisions of this Section to the Commission for an extension of time within which to terminate the nonconforming use.
1.
Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Subsection A may be filed by the owner of the real property up-on which such use is operated or by the operator of the use. The application must be filed with the Commission at least 90 days but no more than 180 days prior to the time established by Subsection A for termination of the use.
2.
Content of application, fees. The application shall state the grounds for requesting an extension of time. The filing fee for the application shall be the same as that for a Variance in the City Fee Schedule.
3.
Approval of extension, findings. An extension in compliance with of this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Commission makes all of the following findings, and/or other findings required by law:
a.
The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and the investment was made prior to March 3, 2000;
b.
The applicant will be unable to recoup the investment as of the date established for termination of the use by Subsection A; and
c.
The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of Section 20-40.030 (Maximum Proximity Requirements).
E.
Judicial review. Anyone seeking judicial review of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of the administrative action in compliance with California Code of Civil Procedure Section 1094.8.
(Ord. 3677 § 1, 2004)
(Ord. 3677 § 1, 2004; Ord. 2020-001 § 8; Ord. 2024-012, 11/19/2024)¶
Community care and health care facilities shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this Section are intended to facilitate the integration of mentally and physically handicapped persons who are in family residential situations into community life, as mandated by state law applicable to a chartered city, while avoiding the over-concentration of these facilities in any particular
neighborhood. The purpose of regulating the location of community care and health care facilities is to permit these services to be available at locations within Santa Rosa, as mandated by state law applicable to
a charter city, that are convenient to the public, while requiring the mitigation of or avoiding any adverse effects of the facilities upon surrounding properties to the extent permitted by law.
B.
Application requirements. The following shall be included in an application for a community care facility Minor Conditional Use Permit:
1.
One copy of a completed Conditional Use Permit application form. The application shall indicate: number of persons to be cared for; number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show conformance to standards.
2.
One copy of a site plan (8-1/2″ x 11″) showing: location and dimensions of existing residence and other structures, including: fencing; outdoor play structures and equipment; distance to property line; parking areas and number of spaces both on-site and off-site spaces contiguous to property lines; access and traffic circulation.
3.
An accurate traffic circulation plan showing parking, circulation and drop-off areas. C.
Conditions of approval. The operation of a community care or health care facility serving seven or more persons, in compliance with a Minor Conditional Use Permit as required by Division 2, may be conditioned or limited by the permit, except as may be prohibited by State law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the facility is proposed. The scope of permit review and approval shall be limited as required by State law to the following.
1.
Spacing and concentration. No proposed community care/health care facility shall be located closer than 300 feet in all directions from any other community care facility, as measured from any point on the exterior walls of both structures. In no case shall a residential parcel be directly abutted by community care facilities on two or more sides.
2.
Over-concentration of facilities. The over-concentration of community care/health care facilities in an area shall constitute cause for the denial of a Minor Conditional Use Permit, where it is determined that overconcentration will not be mitigated by conditions that might be imposed upon the Minor Conditional Use Permit and other measures instituted by the applicant. As used in this Section, a condition of "overconcentration" arises wherever two or more community care facilities would be located at a distance of 1,000 feet or less from each other, as measured from any point upon the outside walls of the structures housing the facilities.
(Image not reproduced in this text.)
Figure 4-1—Overconcentration of Community Care Facilities
3.
Age-Restricted Housing or Age-Restricted Care Facilities for Qualifying Residents, as defined in 20-70, are exempt from the spacing and overconcentration requirement of Section 20-42.060 C.1. and C.2. D.
Required findings for approval. No Minor Conditional Use Permit for a community care/health care facility shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits): 1.
That the facility complies with all applicable requirements of this Section; and 2.
The facility complies with all applicable building and fire code provisions adopted by the State and administered by the City Fire Marshal, and California Department of Social Services licensing requirements. E.
Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the application, the City shall provide public notice in compliance with Section 20-52.050
(Conditional Use Permits and Conditional Minor Conditional Use Permits) to the applicant, and all owners of property within a 100-foot radius of the exterior boundaries of the proposed parcel. The notice shall state that no hearing on the application shall be held prior to the decision, unless requested by the applicant or owners of property described above.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2024-004, 2/27/2024)
Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), retail or service uses providing drive through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.
A.
Drive-through aisles shall have a minimum 20 foot radius at curves and a minimum width of 12 feet.
B.
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.
C.
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
D.
The adequacy of vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the review authority
E.
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities. (Ord. 3677 § 1, 2004)
Home occupations shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to allow limited business activity to occur within a residence, where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. Home occupations are also a means of promoting workplace alternatives consistent with General Plan goals. It is not the intent of this section to override lawful "residential use only" restrictions set forth in Conditions, Covenants, and Restrictions or similar provisions.
B.
Prohibited uses. The following uses and similar activities are prohibited as home occupations, except that welding, woodworking, or metal working shops are allowed within the Maker Mixed Use (MMU) zoning district, subject to required permits and compliance with all City Code performance standards: 1.
Animal hospitals;
2.
Automobile/vehicle repair shops;
Bee keeping;
4.
Kennels, including pet day care;
5.
Pet grooming shops;
6.
Raising of animals for commercial purposes;
7.
Weapons or ammunition sales;
8.
Welding shops;
9.
Woodworking or metal working shops.
C.
Permit requirements. A home occupation shall require Minor Conditional Use Permit or Conditional Use Permit approval in compliance with this subsection if it not considered exempt. The approval shall run with the parcel where granted and shall not be transferred to another location.
1.
Exempt home occupations. A home occupation that complies with the following requirements and standards, including a cottage food operation (CFO) for off-site sale, shall not require the approval of a Minor Conditional Use Permit or Conditional Use Permit:
a.
The occupation involves only the use of common household equipment, including, but not limited to, the computer/internet, telephone, and mail; or
b.
The occupation is conducted elsewhere, but some or all of the equipment and materials are kept in one vehicle garaged on the premises; or
c.
The occupation utilizes the home as an adjunct to a principal office located elsewhere, and no customers, clients, students, patients, or persons in similar relationships to the office's affairs visit the home as a regular business practice; or
d.
The occupation involves tutoring of no more than two students at one time.
2.
Standards for exempt home occupations.
a.
The home occupation is conducted only within the main dwelling; and
b.
The home occupation does not involve the direct transfer or sale of goods or commodities to clients upon or from the dwelling or any residential property; and
c.
The home occupation shall not generate vehicular or pedestrian traffic not normally associated with a singlefamily residential use. There shall be no employees other than resident of the dwelling, and no customers or clients shall visit the home as a regular business practice (excluding the tutoring of no more than two students at one time); and
d.
The home occupation shall occupy no more than 25 percent of the floor space of the main dwelling. The use of a garage in connection with a home occupation shall not interfere with vehicular storage; and
e.
There shall be no exterior indication of the home occupation. No exterior signs or other form of advertising which informs the public of the address of the home occupation shall be used; and
f.
The home occupation shall not generate noise, odor, dust, vibrations, fumes, smoke, glare, or electrical or electronic interference or other interference with the residential use of neighboring properties.
3.
Home occupations requiring Minor Conditional Use Permit approval. The Zoning Administrator may grant a Minor Conditional Use Permit for a home occupation that meets all of the following criteria: a.
The home occupation utilizes the services of no more than two nonresident employees or independent contractors;
b.
Parking shall be provided in compliance with the following standards:
(1)
One on-site parking space for each client and/or customer/employee arriving by vehicle,
(2)
Customers, clients, and/or employees shall be directed to park on site,
(3)
Parking required for customers/clients/employees may be: tandem; within a driveway; or some other on-site location other than within a required setback,
(4)
All proposed parking areas shall require Design Review approval prior to construction to ensure that the residential character of the neighborhood is maintained,
(5)
The required parking spaces for each residential unit (excluding visitor parking) shall be maintained and regularly utilized for daily parking by the resident occupants. The home occupation shall not cause resident occupants to park their vehicles in other locations, and
(6)
In lieu of on-site parking, the Commission may consider and approve the use of on-street parking if the Commission finds that sufficient parking exists on the neighborhood streets and the use of on-street parking will not adversely impact neighborhood residential parking availability nor create a nuisance for neighborhood residents;
c.
The use of an accessory structure may not be detrimental to adjoining residential properties and their residents.
D.
Standards for all home occupations. Each home occupation shall comply with all of the following standards: 1.
The home occupation is conducted by a resident occupant of the dwelling. 2.
There shall be no signs except for street address, and/or name identification as provided for in Chapter 2038 (Signs) and a three-by five-inch placard located on the front door or adjacent the doorbell that identifies the home occupation.
3.
There shall be no outdoor storage of supplies, merchandise, or other materials utilized in the home occupation.
4.
There shall be no routine or regular outside activities such as: truck loading/unloading (exclusive of occasional deliveries); preparation of work equipment or supplies; production, processing, repair or similar work.
5.
There shall be no advertising which informs the public of the address of the home occupation. 6.
The home occupation shall comply with all other applicable laws.
7.
The home occupation will not generate noise, odor, dust, vibrations, fumes, smoke, glare, electrical, or electronic interference with the residential use of adjacent properties.
E.
Microenterprise Home Kitchen Operation (MEHKO) is not considered a Home Occupation and is exempt from land use requirements as listed in Section 20-21.040, Exemptions from land use requirements.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 24; Ord. 2021-012 § 33; Ord. 2025-014, 11/18/2025)
Live/work and work/live units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. This section provides standards for the development of new live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who live in the same structure where the commercial activity or industry occurs. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.
B.
Limitations on use. The nonresidential component of a live/work or work/live project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations:
1.
Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:
a.
Adult businesses; or
b.
Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.).
2.
Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities:
a.
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
b.
Welding, machining, or any open flame work; except as permitted as Subsection B.1.e, below.
c.
Any use defined by Division 7 (Glossary) as "Manufacturing/Processing—Heavy";
d.
Any other activity or use, as determined by the Zoning Administrator to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes; and
e.
A live/work unit may be established in conflict with Subsections B.1.a and b, within the Maker Mixed Use (MMU) zoning district only, with necessary approvals from City fire and building officials, and subject to all performance standards within the City Code.
C.
Density/floor area ratio. Live/work and work/live units shall comply with the maximum density or floor area ratio requirements of the applicable zoning district, except that live/work and work/live units within the CSC, BP, IL, or IG zones shall not exceed a density of 30 dwelling units per acre.
D.
Design standards.¶
1.
Live/work floor area requirements. The minimum net total floor area of a live/workspace shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for work space. All floor area other than that reserved for working space shall be reserved and regularly used for living space.
2.
Work/live floor area requirements. The minimum net total floor area of a work/live space shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space.
3.
Separation and access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.
4.
Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
5.
Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or other similar private spaces.
6.
Mixed occupancy buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Building Official.
E.
Operating requirements.
1.
Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.
2.
Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the unit or as a residential space for any person not working in the same unit.
3.
Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
4.
Nonresident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Conditional Use Permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements.
5.
Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable Minor Conditional Use Permit or Conditional Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas or uses.
F.
Changes in use. After approval, a live/work or work/live unit shall not be converted to entirely residential use unless authorized through Minor Conditional Use Permit approval. Minor Conditional Use Permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. G.
Required findings. The approval of live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Minor Conditional Use Permit approval.
1.
The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection B (Limitations on use);
2.
The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; and
3.
Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 25)
Mixed use projects shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Design considerations. A mixed use project shall be designed to achieve the following objectives:
1.
The design shall provide for internal compatibility between the different uses.
2.
Potential noise, hours of operation, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3.
The design of the mixed use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.
4.
The design of a mixed use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site is maximized.
5.
The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.
6.
Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.
B.
Mix of uses. A mixed use project may combine residential units with any other use, or combination of uses allowed in the applicable zoning district; provided that where a mixed use project is proposed with a use that is otherwise required to have Minor Conditional Use Permit or Conditional Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement. C.
Maximum density/maximum FAR. The residential component of a mixed use projectshall comply with the maximum density requirements of the applicable zoning district. Mixed use projects located within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU) zoning districts shall comply with the designated maximum FAR unless as provided for in Table 2-8. D.
Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements:
1.
Loading areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible.
2.
Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses. E.
Performance standards.
1.
Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units.
2.
Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise, in compliance with the City's noise regulations.
3.
Hours of operation. Outside of the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU), a mixed-use project proposing a commercial component that will operate outside normal business hours (8:00 a.m. to 6:00 p.m.) shall require the Zoning Administrator's approval to ensure that the commercial use will not negatively impact the residential uses within the project. F.
Requirements for Conditional Use Permit projects. A mixed use project that requires Conditional Use Permit approval in compliance with Subsection B, or that is located in the CG or IL zoning districts may be subject to the following requirements, as determined by the review authority.
1.
Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to ensure the compatibility of uses and surroundings; or
2.
Less restrictive standards than required by the applicable zoning district, to the extent allowed by
Conditional Use Permit approval in other sections of these regulations, to make particular use combinations more feasible.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 26)
A mobile home/manufactured housing unit located outside of mobile home park shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). A.
Site requirements. The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.
B.
Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards.
1.
The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.
2.
The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 2.5:12.
3.
The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and 4.
The mobile home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Mobile home parks shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Location criteria. In determining the desirability of permitting the development of a mobile home park outside of the MH zoning district, the review authority shall be guided by the General Plan and by the following considerations:
1.
The relationship of proposed project to the existing and proposed street network;
2.
The relationship of the proposed project to public facilities, including existing or proposed shopping centers and schools;
3.
The effect of the proposed project on adjoining uses and the effect of adjoining uses on the project;
4.
The general impact of the proposed mobile home park on the immediate vicinity and terrain; and 5.
The compatibility of the proposed park to surrounding uses and land use densities.
B.
Development standards. A mobile home park shall be designed and constructed in compliance with the following standards, except as otherwise provided in this Zoning Code or as modified by Conditional Use Permit.
1.
Minimum site area. A mobile home park shall require a minimum site area of five acres.
2.
Residential density. A mobile home park shall comply with the residential density requirements of the General Plan.
3.
Setback requirements.
a.
Mobile home park boundaries.
(1)
Front. Each mobile home park shall have a front setback measured from the front property line to the nearest mobile home lot line not less than 20 feet for the full width of the parcel.
(2)
Sides and rear. Each mobile home park shall have a rear setback and side setbacks measured from the
property line to the nearest mobile home lot line, not less than 15 feet on all sides of the parcel, except where a side or rear setback abuts a street, in which case the setback shall not be less than 20 feet.
b.
Setbacks for individual mobile homes.
(1)
Front and rear. There shall be an aggregate front and rear setback width of at least 20 feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. No front or rear setback shall be less than five feet.
(2)
Sides. There shall be a minimum side setback of five feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. Where the side setback abuts an internal access road, public parking area, or walkway, that side setback shall be not less than 10 feet in width.
(3)
Separation between structures. Where a mobile home is located near any permitted building other than another mobile home, the minimum space between the mobile home and the other building shall be 20 feet.
4.
Height limit. No structure shall exceed a maximum height of two stories, or 35 feet.
5.
Access and street standards.
a.
Pedestrian access. Pedestrian access into the mobile home park shall be provided by connecting the interior pedestrian pathway network with sidewalks located in the rights-of-way of perimeter streets.
b.
Vehicular access. Vehicular access to mobile home parks shall be from abutting regional or transitional streets. Vehicular access to mobile home parks from local streets in the R-1 and R-2 zones shall be prohibited. One vehicular access to mobile home parks from each abutting regional or transitional street may be permitted.
c.
Internal access roads. Internal access roads shall be paved to a width of not less than 25 feet. Internal access roads of less than 25 feet may be permitted when mobile home orientation is toward interior open space. Internal access roads shall be 32 feet in width if car parking is permitted on one side, and 40 feet in width if car parking is permitted on both sides. Widths shall be measured from the flowline for both standard curb construction and rolled curb construction.
(1)
No mobile home park entrance shall be located closer than 100 feet to any intersection of any public streets. (2)
All internal access road cul-de-sacs shall have a minimum outside turning radius of 32 feet.
(3)
All internal corners shall have minimum 15-foot radii.
(4)
Curbs and gutters shall be installed on both sides of all internal access roads. Curbs may be roll-type rather than vertical.
(5)
All internal access roads shall be adequately lighted.
(6)
Each site shall have access directly to an internal access road.
(7)
Stop signs shall be provided at all intersections with public streets.
6.
Walls, fences and landscaping.
a.
Required fences and walls. A six-foot high solid masonry wall or such other decorative fencing or screening of a similar nature as determined by the review authority shall be constructed along all boundaries adjoining other properties and 15 feet back of the property line adjacent to any public street unless otherwise approved.
b.
Park perimeter landscaping. All setbacks and incidental open space areas shall be landscaped and maintained. Landscaping shall include trees not less than a number determined by dividing the number 25 into the number of linear feet of frontage abutting public streets. The trees shall be at least eight feet in height. An irrigation system shall be included within all landscaped areas, and other assurances given prior to the development of the mobile home park that all landscaping shall be adequately maintained.
c.
On-site landscaping. In the design of the mobile home park, the developer shall make every effort to retain existing trees. Not less than 20 percent of each mobile home space shall be landscaped with plant materials, including at least one tree at least eight feet in height with a trunk diameter of at least one inch measured one foot above ground level. Tree selection shall be a part of the landscape plan review process.
7.
Grading. Mobile home parks in areas of excessive slope may require additional lot area to minimize cut and fill slopes; however, where mobile home sites are graded into stepped pads, there shall be no more than a three-foot vertical elevation difference between adjoining pads whether separated by an internal access road or not.
8.
Required patio. A patio of wood, concrete or a combination thereof, having a minimum area of 160 square feet, shall be installed as part of each mobile home lot prior to occupancy of the unit. 9.
Storage.
a.
Tenant storage. A minimum of 75 cubic feet general storage locker shall be provided for each mobile home space. Storage lockers may be located on the mobile home lot or in locker compounds located within close proximity of the mobile home lot being served.
b.
RV storage areas. Areas of a minimum size of 10 by 20 feet for the storage of camping trailers, boats, campers, and other similar vehicles and recreational equipment shall be constructed of a dust free allweather surface and shall be enclosed by a six-foot, sight-obscuring decorative fence and gate.
- Accessory structures.
a.
All accessory structures, including carports, storage lockers, recreation and management buildings, cabanas and ramadas, shall be of a consistent design theme and shall be subject to Design Review.
b.
No accessory structure shall be constructed as a permanent part of a mobile home.
11.
Management office. Each mobile home park shall maintain a management office. Suitable facilities shall be provided for mail distribution.
12.
Storage of mobile homes. No mobile home shall be hauled to or stored within a mobile home park unless it is properly erected on a site approved for its use.
13.
Sanitary sewer. Each mobile home space shall be provided with a connection to a City sewer line, either directly or indirectly.
14.¶
Utilities. All utility service within a mobile home park shall be underground.
15.
Refuse disposal. Refuse disposal shall be by central collection containers located behind decorative screens. (Ord. 3677 § 1, 2004)
The provisions of this section apply to permanent outdoor display and sales activities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). See also Sections 20-36.030.C (Restriction of parking facility use), and 20-52.040 (Temporary Use Permits) for requirements applicable to temporary facilities. A.
Outdoor displays and sales on private property. The permanent outdoor display and sale of merchandise is allowed subject to the following standards.
1.
The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed by the review authority.
2.
Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed by the review authority.
3.
Displayed merchandise shall occupy a fixed, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, easements, required exits from existing buildings, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.
4.
The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the same parcel.
5.
Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.
Outdoor display and sales shall comply with Section 20-36.030.C (Restriction of parking facility use). B.
Outdoor eating areas on private property. A restaurant allowed by Division 2 may include both indoor and outdoor eating areas, provided that the outdoor eating area shall also comply with restaurant parking requirements of Chapter 20-36 (Parking and Loading Standards). See Section 20-42.160 for sidewalk café regulations. A Zoning Clearance is required for outdoor eating areas in the Core Mixed Use (CMU), Station Mixed Use(SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. A Minor Conditional Use Permit is required for all other zoning districts. C.
Business use of the public right-of-way within the CMU, SMU, MMU and NMU zoning districts. The display of merchandise, and news racks may be permitted on any public right-of-way within these zones subject to compliance with the following criteria, in addition to the requirements of Section 20-42.160 (Sidewalk cafés), where applicable.
1.
Location requirements, and sidewalk clear zone. A paved pedestrian walkway shall be maintained between property line and edge of curb, free and clear of and obstructions. a.
The display of merchandise, news racks shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb or create health or safety hazards.
b.
The placement of merchandise, news racks shall be limited to the sidewalk area frontage adjacent to the use.
c.
All merchandise, news rack, areas must be level with sidewalk, and handicap accessible.
Encroachment Permit required. The applicant shall obtain a revocable Encroachment Permit.
a.
An Encroachment Permit will not be approved for portable or other signs within the public right-of-way.
b.
Upon approval of the Encroachment Permit the applicant shall obtain all required building/electrical permits. 3.
Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in an amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of insurance shall be submitted prior to issuance of the Encroachment Permit and shall be provided annually thereafter. The applicant's insurance shall be primary.
4.
Issuance of permit. Once all requirements are met, the City shall provide the Encroachment Permit. (Ord. 3677 § 1, 2004; Ord. 2020-014 § 27)
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). A.
Reverse vending machines. Reverse vending machines shall comply with the following standards. 1.
Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.
Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.
3.
Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. All signs for reverse vending machines shall comply with the overall site sign area limitations in Chapter 20-38 (Signs).
4.
Lighting. Each machine shall be illuminated to ensure safe operation if the machine is accessible between dusk and dawn. Each outdoor light shall comply with the requirements of Section 20-30.080 (Outdoor Lighting).
B.
Small collection facilities. A small collection facility shall comply with the following standards.
1.
Location requirements. A small collection facility shall:
a.
Not be located within 50 feet of any parcel zoned or occupied for residential use; and
b.
Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.
2.
Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking
spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
3.
Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.
4.
Operating standards for small collection facilities. Small collection facilities shall:
a.
Not use power-driven processing equipment, except for reverse vending machines;
b.
Accept only glass, metal, or plastic containers, paper, and reusable items;
c.
Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and
d.
Be screened where determined by the review authority to be necessary because of excessive visibility.
5.
Signs. Non-illuminated signs may be provided as follows:
a.
Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
b.
Additional directional signs, consistent with Chapter 20-38 (Signs), may be approved by the review authority if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
6.
Parking requirements.
a.
No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.
b.
Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.
C.
Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.
1.
Location requirements. The facility shall not abut a parcel zoned for residential use.
2.
Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and
3.
Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
4.
Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
5.
Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.
6.
Operating standards.
a.
The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors. b.
Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. D.
Processing facilities. Processing facilities shall comply with the following standards.
1.
Location requirements. The facility shall not abut a parcel zoned or occupied for residential use. 2.
Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.
3.
Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.
4.
Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
5.
Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
6.
Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry
walls;
7.
Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
(Ord. 3677 § 1, 2004)
Accessory dwelling units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to set standards, in compliance with California Government Code Sections 66310, 66311, and 66312, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood.
B.
General requirements. An accessory dwelling unit:
1.
May be located on any lot that allows a single-family or multifamily residential use and includes a proposed or existing dwelling.
2.
Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
3.
Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places. 4.
Shall not be used for rentals with terms of less than 30 days.
5.
Shall not be sold or otherwise conveyed separate from the primary residence.
Shall be required to dedicate street right-of-way in accordance with Section 18-12.030 of the Santa Rosa City Code when the right-of-way is needed to support a circulation element identified in the General Plan or any associate specific plan, unless otherwise approved through a waiver process described in Section 1812.050.
C.
Permit requirements. An application for an accessory dwelling unit or junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially.
1.
If the Department, together with utility providers and County Environmental Health when a septic system is utilized, has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the Department denies an application for an accessory dwelling unit or junior accessory dwelling unit, it shall provide in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
2.
A permit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
3.
A permit shall not be denied for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, because, among other conditions, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the Department finds
that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure as identified in Health and Safety Code Section 17920.3 (Substandard Buildings).
4.
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant is not required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit.
D.
Accessory Dwelling Units—Application and processing requirements.
1.
Step one—Submittal. The application for an accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):
a.
Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
b.
Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
c.
Elevations. Architectural elevations of each side of the proposed structure showing all wall height dimensions, openings, exterior finishes (including siding and window materials), original and finish grades, paint color, and roof pitch. The color of the existing or proposed primary residence shall be included if necessary to demonstrate compliance with Subsection E.6 or E.14, below. Applications for accessory dwelling units which do not modify a building's exterior are not required to submit elevations per this Subsection c.
2.
Step two—Decision. The Department shall approve or deny an application for an accessory dwelling unit permit within 60 days of submittal of a complete application. The accessory dwelling unit permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this Section.
3.
Utility connections and fees.
a.
Except as provided in Subsection D.3.b, a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new accessory dwelling unit.
b.
No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or an accessory structure, or for accessory dwelling units that are 750 square feet or smaller. Any impact fee charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to square footage of the primary dwelling unit.
E.
Accessory Development standards. An accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:
1.
General. No development standards shall be applied that would prohibit up to an 800 square foot accessory dwelling unit that is no more than 16 feet in height with four-foot side and four-foot rear setbacks to be constructed in compliance with all other local development standards.
2.
Setbacks.
a.
Single-family residential districts including single-family PD districts. An accessory dwelling unit shall comply with the following setback requirements:
(1)
A new attached or detached 800 square foot accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, and a front setback consistent with that of the primary dwelling unit in a standard zoning district, or the most similar zoning district in the case of a PD. An 800 square foot accessory dwelling unit that complies with all other development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build an accessory dwelling unit on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this Subsection. Side-corner setbacks shall be a minimum of eight feet.
b.
Multifamily districts including multifamily PD districts. An accessory dwelling unit shall comply with the following setback requirements.
(1)
A new attached or detached accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, except when abutting an R-3 zoning district, in which case no minimum side or rear setback is required. The front setback shall be consistent with a primary dwelling unit in the applicable standard zoning district, or the most similar standard zoning district in the case of a PD. Side-corner setbacks shall be a minimum of eight feet.
(i)¶
If the existing multifamily dwelling exceeds height requirements or has a rear or side setback of less than four feet, the Department shall not require modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit.
c.
No setback shall be required for an existing legally constructed living area, garage, or other accessory structure that is converted to an accessory dwelling unit with independent exterior access from an existing or proposed residence. A setback of five feet from the side and rear property lines is required for an accessory dwelling unit constructed above an existing legally constructed or proposed garage.
d.
Any new attached accessory dwelling unit, detached accessory dwelling unit or expansion of the singlefamily dwelling to support the internal conversion for an accessory dwelling shall be designed to maintain appropriate setbacks, as described in Subsection E.2.a and b above, from the future width of any abutting public streets. Future street configurations shall be based on the widths, standards and right-of-way lines in the circulation element of the Santa Rosa General Plan, the City Street Design and Construction Standards, City street lists or specifically addressed in a resolution adopted by the City Council.
Maximum floor area.
a.
New detached unit. No newly constructed detached accessory dwelling unit may contain habitable space in excess of 1,200 square feet.
(1)
An automatic fire sprinkler system shall be installed throughout structures that exceed 1,200 square feet total floor area.
b.
New attached unit. No newly constructed attached accessory dwelling unit may contain habitable space in excess of 50 percent of the existing residential square footage except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be allowed for more than one-bedroom ADUs.
(1)
An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.
c.
Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing or proposed single-family dwelling shall not occupy more than 45 percent of the existing habitable space of the residence, excluding the garage, nor shall it exceed 1,200 square feet except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be
allowed for more than one-bedroom ADUs. An accessory dwelling unit created entirely by the internal conversion of a detached accessory structure shall not exceed a maximum of 1,200 square feet.
(1)
An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.
4.
Height limit.
a.
A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet, except as follows: (1)
The Department shall allow an additional two feet in height (up to 18 feet) to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch on the primary dwelling unit.
(2)
A detached accessory dwelling unit on a lot with an existing or proposed single family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor shall not exceed a height of 18 feet.
(3)
A height of 18 feet is also permitted for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. A height of 25 feet applies to an accessory dwelling unit that is attached to a primary dwelling. This provision does not require the Department to allow an accessory dwelling unit to exceed two stories.
b.
A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet. No accessory dwelling unit shall exceed 27 feet in height.
c.
When an accessory dwelling unit is located above an existing or proposed garage, carport or other accessory structure, the entire combined structure shall not exceed 27 feet in height. No accessory dwelling unit shall exceed 27 feet in height.
5.
Lot coverage. An accessory dwelling unit shall comply with the lot coverage requirements of the applicable zoning district or the most similar zoning district in the case of a PD, except as referenced in Subsection E.1, above.
6.
Architectural compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by matching one or more of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:
a.
Color;
b.
Siding material and style; or
c.
Architectural features.
7.
Exterior entrance. An accessory dwelling unit must include a separate exterior entrance.
Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.
9.
Residential development. A residential dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.
10.
Number per lot.
a.
A maximum of one detached or attached accessory dwelling unit, one accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, and one junior accessory dwelling unit shall be permitted on any single-family lot zoned for singlefamily uses.
b.
The number of accessory dwelling units allowed within a multifamily dwelling are limited to not more than 25 percent of the existing number of multifamily dwelling units on the property, except that at least one
accessory dwelling unit shall be allowed. These accessory dwelling units shall be allowed within the portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
c.
No more than two detached or attached ADUs are permitted on any multifamily lot developed with an existing or a proposed multifamily dwelling.
d.
No more than eight detached ADUs are permitted on any multifamily lot with an existing multifamily dwelling provided that the number of detached ADUs does not exceed the existing number of multifamily units on the lot.
e.
A maximum of one ADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.
(1)
The parcel is located outside of the City's Wildland Urban Interface (WUI).
(2)
The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.
No ADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.
11.
Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:
a.
The accessory dwelling unit is 750 square feet or less in area, or a studio unit.
b.
The accessory dwelling unit is located within one-half mile walking distance of public transit.
c.
The accessory dwelling unit is located within a historic preservation district.
d.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
e.
When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit. f.
When there is a car share vehicle located within one block of the accessory dwelling unit. g.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot. h.
To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.
i.
No replacement off-street parking spaces are required when an accessory dwelling unit is created through the conversion or demolition, of a garage, carport or covered parking structure or uncovered parking space. j.
The appointment, responsibilities, and other aspects of the Design Review and Preservation Board, which shall serve as the City of Santa Rosa's historic and cultural preservation review authority, hereafter referred to in this Chapter as the "DRPB," shall comply with Section 20-60.060 (Design Review and Preservation Board). k.
A detached accessory dwelling unit is permitted to include an attached garage. 12.
Standards for proposed accessory structures attached to an existing or proposed accessory dwelling unit. a.
A proposed accessory structure with a floor area less than 50 percent of the accessory dwelling unit floor area:
(1)
Shall be processed ministerially in conjunction with the accessory dwelling unit.
(2)
Shall comply with the lot coverage and setback requirements of this section.
(3)
Shall comply with the 16-foot height limit for an accessory structure as required by Zoning Code Section 2042.030.
b.
A proposed accessory structure with a floor area that exceeds 50 percent of the total floor area of the accessory dwelling unit:
(1)
Is subject to any discretionary review required by this Zoning Code.
(2)
Shall comply with lot coverage, height, and setback requirements for an accessory structure in the applicable standard zoning district or the most similar standard zoning district in the case of a PD.
(3)
Shall comply with any applicable hillside and/or creekside setbacks.
13.
Standards for hillside areas.
a.
Applicability. The development standards outlined below shall apply to accessory dwelling unit development on that portion of a site with a slope of 10 percent or greater.
b.
Development standards. An accessory dwelling unit exceeding the applicable maximum height for a onestory accessory dwelling unit indicated in Subsection E.4.a, or 800 square feet, shall observe 15-foot setbacks from side and rear property lines. When a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. Accessory dwelling units that are 800 square feet or less, and which comply with the maximum height requirements for a one-story accessory dwelling unit as
described in Subsection E.4.a, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.
14.¶
Standards for Historic Preservation Districts.
a.
Applicability. The requirements outlined below shall apply to new accessory dwelling units within the Historic (-H) Combining District.
b.
Architectural Compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by one of the following means:
(1)
Matching each of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:
(A)
Color,
(B)
Siding material and pattern, and
(C)
Architectural features; or
(2)
Through the preparation of a historic resource survey by a qualified professional that concludes the
proposed accessory dwelling unit will not negatively impact historic resources on the property, will be consistent with Secretary of the Interior Standards for Treatment of Historic Properties.
Standards for creekside development.
a.
Applicability. The development standards outlined below shall apply to accessory dwelling unit development within the specified distances to waterways as indicated in Section 20-30.040 – Creekside Development.
b.
Development standards. An accessory dwelling unit exceeding 16 feet in height, or 800 square feet, shall observe setbacks referenced in Section 20-30.040. Accessory dwelling units that are 800 square feet or less, and no greater than 16 feet in height, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.
16.¶
Fire sprinkler system. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling or an existing multifamily dwelling.
17.
Ownership. The Department shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
F.
Junior accessory dwelling unit. The following provisions are intended to set standards, in compliance with California Government Code Section 66333-66339, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains
compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
1.
General requirements. A junior accessory dwelling unit:
a.
May be located on any lot that allows single-family or multifamily dwellings and that contains only one existing or proposed single-family detached dwelling. Only one junior accessory dwelling unit shall be permitted per parcel.
b.
Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
c.
Shall not be used for rentals with terms of less than 30 days.
d.
A maximum of one JADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.
(1)
The parcel is located outside of the City's Wildland Urban Interface (WUI).
(2)
The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.
No JADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.
2.
Permit requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
3.
Application and processing requirements.
a.
Step one—Submittal. The application for a junior accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a junior accessory dwelling unit permit shall include all of the following:
(1)
Plot plan. If any expansion of the foundation is required for a junior accessory dwelling unit, a plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
(2)
Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall
be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.
(3)
Deed restrictions. Deed restrictions completed, signed and ready for recordation in compliance with Subsection G.
b.
Step two—Decision. The Department shall approve or deny an application for a junior accessory dwelling unit permit within 60 days of submittal of a complete application. A junior accessory dwelling unit permit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this Section. A permit for a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
c.
Utility connection fees.
(1)
No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit.
4.
Development standards. A junior accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:
a.
Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in total floor area. b.
Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing or proposed single-family dwelling, which includes the walls of an attached garage. However, an additional 150 square feet is permitted to allow for a separate entrance into the unit.
c.
Kitchen. The junior accessory dwelling unit must contain a kitchen with the following minimum criteria:
(1)
A kitchen sink having a clear working space of not less than 30 inches in front;
(2)
A cooking appliance having a clear working space of not less than 30 inches in front;
(3)
A refrigeration facility having a clear working space of not less than 30 inches in front;
(4)
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
d.
Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling. A separate bathroom facility shall be provided if the junior accessory dwelling unit does not include an interior entry into the primary residence.
e.
Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
f.
Parking. Off-street parking shall not be required for junior accessory dwelling units. No replacement off-street parking spaces are required when a junior accessory dwelling unit is created through the conversion or demolition, of an attached garage, carport or covered parking structure.
G.
Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
1.
The junior accessory dwelling unit shall not be sold separately from the single-family residence;
2.
The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization;
3.
The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval junior accessory dwelling unit and may result in legal action against the property owner;
4.
The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction;
5.
A junior accessory dwelling unit shall not exceed 500 square feet of total floor area and shall comply with the development standards in Subsection F.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 §§ 15, 16, 2011; Ord. 2017-024 § 7; Ord. 2018020 § 2; Ord. 2020-003 § 2; Ord. 2021-012 §§ 34, 35; Ord. 2023-003 §§ 2–6; Ord. 2025-001, 1/28/2025)
A small lot residential project shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to provide opportunities to increase the supply of smaller dwelling units and rental housing units by allowing the creation of subdivisions with smaller lots and dwellings, and to establish design and development standards for these projects to ensure that they are compatible with the surrounding neighborhood, where the General Plan anticipates no change to existing neighborhood character.
B.
Location. A small lot subdivision shall not be allowed where the review authority determines that public utilities and services are inadequate.
C.
Project review and approval. A proposed small lot subdivision shall be reviewed in compliance with Section 20-52.050 (Conditional Use Permit and Minor Conditional Use Permit), and a Tentative Map in compliance with the Subdivision Ordinance (City Code Title 19).
D.
Permit requirements. A Minor or Conditional Use Permit for a small lot project shall be reviewed and approved by the applicable review authority prior to the approval of a Tentative Map. Applications for a Minor or Conditional Use Permit and Tentative Map approval may be submitted and considered concurrently, provided that the Conditional Use Permit is first approved. The Minor or Conditional Use Permit shall be prepared, filed, processed, and approved or disapproved in compliance with Section 20-52.050 (Conditional Use Permit and Minor Conditional Use Permit).
E.
Allowable land uses and permit requirements. A small lot project may be developed with, and used for, only the land uses allowed by the zoning district applicable to the site, except as the range of allowed uses may be limited by a Minor or Conditional Use Permit approval.
F.
Site planning and project design standards.
1.
Allowed lot configurations. A small lot project may be designed to include zero lot lines, angled Z lots, zipper lots, alternate-width lots, quad lots, and motor court lots.
2.
Maximum density. A small lot project shall not exceed maximum density allowed by the applicable zoning district, or 18 units per acre, whichever is less.
3.
Minimum lot area. Except for attached single-family units (e.g., townhouses), or rowhouses, minimum lot area may range from 2,000 to 6,000 square feet. A project that is larger than three acres shall be designed to provide a variety of lot configurations and lot sizes.
4.
Setback requirements. Each small lot project shall comply with the following setback requirements, provided that an applicant may propose, and the review authority may approve different setbacks, if the review authority determines that the alternative approach is more appropriate to the characteristics of the site and
surroundings. Proposed setbacks shall be shown on the proposed site plan, including identification of proposed building areas, and areas for possible future additions to proposed housing units.
a.
Front setback. A minimum front setback of 10 feet shall be required, provided that a one-story covered porch may project up to six feet into the setback, and provided that no front porch shall have a depth of less than six feet. Front yard setbacks shall be varied along each block face.
b.
Side setbacks. Except for attached single-family, rowhouse, or zero lot line units, the one-story portions of a proposed structure shall be set back a minimum of four feet from side property lines, and the two-story portions of a structure shall be set back a minimum of eight feet from side property lines.
c.
Rear setbacks. A minimum rear setback of 15 feet shall be required, except as provided for garages in Subsection F.4.d, and except where a 10-foot setback is authorized by the review authority in compliance with Subsection F.5.
d.
Garage.
(1)
Garage facing or near the street. A garage entrance facing a street shall be set back as follows.
(a)
19 feet from the rear of the public sidewalk, or 19 feet from the street property line or street plan line, whichever is greater.
(b)
19 feet from the back of the driveway approach on a private lane with no sidewalks.
(2)
Garage near the rear lot line.
(a)
A garage entrance facing an alley shall be placed either at a point three to five feet from the edge of the alley, or at a point 19 feet from the edge of the alley.
(b)
A garage placed in a rear yard without alley access shall be paced a minimum of four feet from the rear or side property line.
5.
Private open space. Each single-family parcel shall provide a minimum of 400 square feet of usable private open space with no dimension less than 15 feet.
6.
Height limits. Proposed structures shall not exceed a maximum height of 35 feet for primary structures. Accessory structures shall comply with Section 20-42.030 (Accessory Structures and Uses). Proposed second dwelling units shall comply with Section 20-42.130 (Residential Second Dwelling Units).
7.
Site coverage. Proposed structures shall not cover more than 65 percent of the lot.
8.
Two-story structures. Proposed dwellings other than row houses and townhouses shall be designed so that: a.
The floor area of a second story is no more than 50 percent of all the roofed first floor area of the dwelling (including covered porch area and an attached garage, but not a detached garage); or
b.
25 percent of the dwelling units in the project are one-story; or
c.
All two-story units have one-story elements. Individual unit or project design alternatives other than those in Subsections F.8.a, b, and c above may be authorized by the applicable review authority as part of the Minor or Conditional Use Permit approval.
9.
Second dwelling units. A residential small lot subdivision may include second dwelling units, provided that the units comply with the standards in Section 20-42.130 (Residential Second Dwelling Units), except that a second unit over a garage in a small lot subdivision may instead comply with the setback requirements of Section 20-42.140.F.4.d(2)(b).
G.
Additions and changes to project or approved units. Subsequent expansions or additions to dwelling units and the construction of second dwelling units not shown on the approved site plan for the project may be allowed with Minor Conditional Use Permit approval, provided that any proposed expansion is in compliance with all applicable requirements of this Section, and is not in conflict with the approved site plan. (Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2024-012, 11/19/2024)
A.
Site requirements. A proposed vehicle services use shall be approved only on a site that complies with the following requirements:
1.
Site area and dimensions. The site shall have a minimum area of 15,000 square feet, at least 100 feet of frontage on an arterial street, a minimum width of 150 feet, and a minimum depth of 100 feet.
2.
Proximity to residential. The site shall not adjoin an existing R-1, R-2 or R-3 zoning district or single-family or two-family residential use at the time the vehicle services use is established, except a nonconforming singlefamily or two-family residential use, or a single-family or two-family residential use in a commercial zone. (Ord. 3677 § 1, 2004; Ord. 2022-010 § 4)
A.
Purpose. This section provides the conditions and requirements under which a sidewalk café, may be permitted to operate by Zoning Clearance or Minor Conditional Use Permit and encroachment permit on a public sidewalk within the City.
B.
Permit requirements. A sidewalk café is permitted through a Zoning Clearance approved by the Director within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG),
Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. All other zoning districts shall require the approval of a Minor Conditional Use Permit. An encroachment permit is required for all sidewalk cafés.
C.
Review authority. A sidewalk café may be approved by the Director or Zoning Administrator pursuant to Subsection B if it is determined that the proposed café is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the City Engineer. D.
Limitations and requirements. The following limitations and requirements shall apply to all sidewalk cafés:
Where permissible. A sidewalk café may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant and the sidewalk café's operation is incidental to and a part of the operation of such adjacent indoor restaurant. See Figure 4-1.
a.
A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the café, provided that the area in which the sidewalk café is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled; or
(Image not reproduced in this text.)
Figure 4-1—Allowable Sidewalk Café Locations
b.
A sidewalk café may be located on an area of the public sidewalk that is not immediately adjacent to and abutting the indoor restaurant which operates the café, provided the following requirements are met and all other applicable provisions of this section are fulfilled:
(1)
The service of alcoholic beverage to customers using the sidewalk café is prohibited; and
(2)
The majority of the sidewalk café area will be situated on the public sidewalk directly in front of the operating indoor food serving establishment, where directly in front is defined by that area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk.
2.
Number of sidewalk cafés. An indoor restaurant may operate only one sidewalk café and each sidewalk café shall be confined to a single location on the sidewalk.
3.
Sidewalk clearances. A sidewalk café may be permitted only where the sidewalk is wide enough to
adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed café. A sidewalk café shall not occupy more than 50 percent of the sidewalk's width at any point and the
sidewalk shall be kept clear and unimpeded for pedestrian traffic for the minimum distance indicated below. The following minimum sidewalk clearances shall be implemented within the Core Mixed Use, Station Mixed Use, Maker Mixed Use, Neighborhood Mixed Use, and Transit Village Mixed Use zones:
a.
Minimum clearance along 4th Street between B Street and E Street: Six feet.
b.
Minimum clearance for all other streets: Four feet.
4.
Table and chairs, location and requirements of furniture, signage.
a.
All tables and chairs comprising a sidewalk café shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop.
b.
The dining area shall not impede or diminish use of public furnishings such as lighting, benches, parking meters, etc.
c.
A minimum of 48 inches of unobstructed space shall be maintained for ingress/egress between all doorways and the pedestrian traffic corridor, or as required by the Uniform Building Code, whichever is greater.
d.
A minimum of 60 inches of unobstructed space shall be maintained between emergency exits and any furniture or fixtures related to outdoor dining, or as required by the Uniform Building Code, whichever is greater.
e.
All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable.
f.
Umbrellas must be secured with a minimum base of not less than 60 pounds, and shall leave a vertical clearance of seven feet from the sidewalk surface.
g.
Outdoor heaters, music, or speakers shall be prohibited.
h.
No signage shall be allowed at any outdoor café except for the name of the establishment on an awning or umbrella fringe or as required pursuant to Subsection D.6.b for those sidewalk cafés that have been granted Director or Zoning Administrator approval to serve wine and or beer.
5.
Maintenance. All outdoor dining furnishings shall be maintained in good condition, and all exterior surfaces within the outdoor dining area shall be kept clean and free of debris at all times.
6.
Food and beverages. A sidewalk café may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; unless the Director or Zoning Administrator has authorized the service of beer or wine, or both, solely for on-premises consumption by customers within the area of the sidewalk café subject to the following requirements:
a.
The sidewalk café is situated immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.
b.
The area in which the sidewalk café is authorized is identified in a manner that clearly separates and delineates it from the areas of the sidewalk which will remain open to pedestrian traffic.
c.
One or more signs are posted, during all times the sidewalk café is in operation, which shall give notice to the café's customers that the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk café.
d.
The sidewalk café operation is duly licensed, or prior to the service of any beer or wine at the café, will be duly licensed, by state authorities to sell beer or wine, or both, for consumption within the area of the sidewalk café.
7.
Service requirements. The outdoor preparation of food and busing or service stations are prohibited at sidewalk cafés. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the café shall be easily cleanable and shall always be kept clean by the permittee. Restrooms for the café shall be provided in the adjoining indoor restaurant and the café seating shall be counted in determining the restroom requirements of the indoor restaurant. Trash and refuse
storage for the sidewalk café shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.
8.
Days and hours of operation. Hours of operation shall be between 7:00 a.m. and10:00 p.m. Tables, chairs and all other furniture used in the operation of an outdoor café shall be removed from the sidewalk and stored indoors at night and whenever the café is not in operation.
E.
Power to prohibit operation of sidewalk café. The City shall have the right and power, acting through the City Manager or designee, to prohibit the operation of a sidewalk café at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohibit the café's operation at any particular time.
F.
Findings and conditions. In connection with granting approval for a Minor Permit for a sidewalk café, the Zoning Administrator shall make findings that the proposed operation meets the requirements of this section. The Zoning Administrator may impose conditions of approval to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that public safety and welfare will be protected. If a Zoning Clearance is required, the Director shall determine that the sidewalk café meets all objective criteria contained within this section. G.
Modification. If the Zoning Administrator determines that additional or revised conditions are necessary during the operation of an approved sidewalk café the matter shall be referred to the Planning Commission for public hearing and action in compliance with Section 20-54.100 (Permit revocation and modification).
H.
Revocation. The Minor Conditional Use Permit to operate a sidewalk café may be revoked by the Zoning Administrator in compliance with Section 20-54.100 (Permit revocation and modification), upon finding that one or more conditions of the permit or this section have been violated or if the sidewalk café is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk café unduly impedes the movement of pedestrians. The Zoning Administrator's decision to revoke a permit for a sidewalk café may be appealed to the Planning Commission in compliance with Chapter 20-62 (Appeals).
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3962 § 2, 2011; Ord. 2020-014 § 28)
A Single Room Occupancy (SRO) Facility shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this Section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
B.
Project review and approval. A proposed SRO shall require Design Review in compliance with Section 2052.030 and the approval of a Minor or Conditional Use Permit in compliance with Section 20-52.050.
C.
Development standards.¶
| B. Project review and approval. A proposed SRO shall require Design Review in compliance with Section 20- 52.030 and the approval of a Minor or Conditional Use Permit in compliance with Section 20-52.050. C. Development standards. |
|
|---|---|
| Single Room Occupancy Facilities. | |
| 1. | Density. A Single Room Occupancy Facility is not required to meet density standards of the General Plan. |
| 2. | Common area. Four square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways. |
| 3. | Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor. |
| 4. | Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility. |
| Single Room Occupancy Units. | |
| 1. | Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet. |
| 2. | Occupancy. An SRO unit shall accommodate a maximum of two persons. |
| 3. | Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/ common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor. |
| 4. | Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing |
at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
| at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. |
|
|---|---|
| 5. | Closet. Each SRO unit shall have a separate closet. |
| 6. | Code compliance. SRO units shall comply with all requirements of the California Building Code. |
D.
Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
E.
Management.
1.
Facility management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
2.
Management plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
F.
Parking. Off-street parking shall be provided consistent with Section 20-36.040. Secure bicycle parking shall be provided consistent with Section 20-36.090.
G.
Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
H.
Existing structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
(Ord. 3760 § 1, 2006; Ord. 2024-012, 11/19/2024)
All non-residential uses shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Limitations on location. A storage area shall be limited to the rear of a site, and shall not be located within 50 feet of the front property line.
B.
Enclosure required. An outdoor storage area shall be completely enclosed by a solid masonry wall and solid
gate. The Zoning Administrator may allow the substitution of a solid wood fence, after determining that the substitution would adequately comply with the provisions of this Section.
1.
The required wall or fence shall:
a.
Be not less than six feet nor more than 10 feet in height, provided that a fence higher than six feet shall require Minor Conditional Use Permit approval;
b.
Incorporate design elements to limit easy climbing and access by unauthorized persons; and
c.
Be subject to approval by the Zoning Administrator unless the wall or fence exceeds six feet, in which case a Minor Conditional Use Permit is required.
A wall abutting a right-of-way shall comply with Section 20-30.050 (Fences, Walls, and Screening). C.
Grading. All portions of outdoor storage areas shall have adequate grading, paving, and drainage and shall be continuously maintained.
D.
Operations. All raw materials, equipment, or finished products stored shall:
1.
Be stored in a manner that they cannot be blown by wind from the enclosed storage area;
2.
Not be stored above the height of the enclosing wall or fence within 10 feet of the wall or fence;
3.
Not be placed or allowed to remain outside the enclosed storage area; and
4.
If abutting a residential zoning district, be serviced between 8:00 a.m. and 6:00 p.m. to avoid being a nuisance to neighbors. Hours of operation between 6:00 p.m. and 11:00 p.m. may be authorized through Minor Conditional Use Permit approval.
E.
Landscaping. Landscaping shall be installed to lessen the visual impact of the outdoor storage area. The design, installation, and maintenance of the landscaping shall comply with Section 20-34.050 (Landscape Standards).
(Ord. 3677 § 1, 2004)
Personal storage facilities (mini-storage) shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Limitations on location. A mini-storage facility shall be approved only on a regional street as designated in the Circulation Element of the General Plan.
B.
Development standards. Each mini-storage project shall comply with all of the following standards.
1.
Setbacks. Each building shall be set back a minimum of 25 feet from an arterial street right-of-way when located in a commercial zoning district, and shall be set back a minimum of 20 feet from all other streets, unless a plotted building setback line would require a greater setback.
2.
Landscaping, fencing. Where the site is adjacent to a residential zoning district, a 20-foot landscaped setback shall be provided on the parcel adjacent to the residential district and a 20-foot landscaped front
yard shall be provided when within 100 feet of a residential district or across the street from a residential district. Landscaping shall be in addition to any architectural screening-type fence. A fence, when required, shall be solid or semi-solid, and constructed to prevent the passage of debris or light, and constructed of either brick, stone, architectural tile, masonry units, wood, or other similar material (not including woven wire) and shall not be less than five feet nor more than eight feet in height.
3.
Manager quarters. A mini-storage project may include residential quarters for a manager or caretaker. 4.
Aisle width. Aisle width shall be a minimum of 25 feet between buildings to provide unobstructed circulation.
(Ord. 3677 § 1, 2004)
An emergency shelter shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to provide opportunities for the development of permanent emergency shelters to provide temporary housing, with minimal supportive services for homeless persons, and to establish standards for these shelters.
B.
Location. An emergency shelter may be proposed in any zoning district, subject to the permit requirements of Section 20-42.190.C, provided that a minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
C.
Project review and approval.
1.
During declared Hazards, Emergency Shelters with up to 50 beds in the CG Zoning District shall not be limited with regard to the number of persons served, subject to occupancy limits of the Fire Department and the Uniform Building Code, so long as the operating conditions set forth in this Section are met.
2.
An emergency shelter with 50 beds or less in the CG Zoning District is exempt from Design Review. An emergency shelter with greater than 50 beds in any zoning district, including the CG Zoning District, shall require Design Review in compliance with Section 20-52.030.
D.
Development standards.
1.
Maximum number of beds. As determined by CUP, except that a maximum of 50 beds shall be permitted, by right, in the CG Zoning District.
2.
Length of stay. Temporary shelter shall be available to residents for no more than 180 days in any 12-month period.
3.
Intake/waiting area. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum of six-foot tall visually screening mature landscaping or a minimum six-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
4.
Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 2030.080.
5.
Security. Security personnel shall be provided during the hours that the emergency shelter is in operation.
6.
On-site management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.
(Ord. 3985 § 6, 2012; Ord. 2024-012, 11/19/2024)
A large grocery store use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses), shall comply with the requirements of this section.
A.
Applicability. In addition to applicable zoning district regulations any large grocery store to be located on a site that does not have a community shopping center General Plan land use designation and that is outside of the CMU, SMU, MMU, and NMU zoning districts, shall be permitted only by Conditional Use Permit.
B.
Criteria for review. In granting a Conditional Use Permit for a large grocery store on a site that is not a designated community shopping center, the review authority shall consider the following information in addition to the considerations included in Section 20-52.050 of the Zoning Code:
1.
An analysis examining the impacts of the proposed large grocery store to similar uses at existing and planned community shopping centers in the vicinity of the project site.
2.
Accessibility of the site to pedestrians and bicyclists originating from nearby residential areas.
3.
Frequency of and access to public transportation for future shoppers and employees.
(Ord. 3987 § 6, 2012; Ord. 2020-014 § 29)
A.
Purpose. The provisions of this Section are intended to provide conditions and requirements under which a Mobile Food Vending Facility may be permitted to operate by Minor Conditional Use Permit on private properties within certain areas of the City.
B.
Permit Requirements.
1.
Minor Conditional Use Permit. A Mobile Food Vending Facility shall require the approval of a Minor Conditional Use Permit where allowed by Division 2 (Zoning Districts and Allowable Land Uses). The permit and approval shall comply with Section 20-54.070, Permits to run with the land.
2.
Business License. A Mobile Food Vending Facility shall obtain a City business license prior to operation.
3.
Sonoma County Environmental Health. A valid permit from the Sonoma County Environmental Health Department is required for the duration of business operation.
4.
City Departments and Divisions. All necessary permits and approvals from the applicable City Departments and Divisions shall be obtained prior to operation of a Mobile Food Vending Facility.
5.
Permit and License Display. At all times while vending, a valid business license and Minor Conditional Use Permit shall be displayed at the Mobile Food Vending Facility site. C.
Location Criteria and Hours of Operation. The following location and hours of operation requirements shall apply to all Mobile Food Vending Facilities:
1.
Location. Operation of a Mobile Food Facility shall not be permitted on public property under this section unless authorized through a Special Event Permit. For Street Vending on public property see City Code
Section 6-48.050, Street Vendor Regulations, and applicable State legislation for Mobile Food Vending Facilities on public property. Mobile Food Vending Facilities on private property are allowed pursuant to Subsection B.1. above.
2.
Concentration. Multiple Mobile Food Vending Facilities may be permitted on a single parcel, as determined by the Minor Conditional Use Permit.
3.
Hours. Hours of operation for mobile food facility businesses shall be determined by Minor Conditional Use Permit.
D.
Standards and Design Criteria. The following standards and design criteria shall apply to all Mobile Food Vending Facilities:
1.
The proposed location is on an improved property, does not interfere with the operation of any approved uses on the site;
2.
The site on the property designated for the Mobile Food Vending Facility must be paved, including the area for associated parking and accessory structures;
3.
Mobile Food Vending Facilities shall maintain their immediate sales location in a clean and hazard free condition;
4.
Mobile Food Vending Facilities shall follow the Zero Waste Food Ware Ordinance, Chapter 9-30, including maintaining covered garbage, recycling, and compost containers immediately adjacent to the vending location for customer use; and other applicable Zero Waste regulations;
5.
Mobile Food Vending Facilities shall comply with Chapter 17-12, Storm Water Ordinance.
6.
Applications for a Mobile Food Vending Facility shall include the location and description of any proposed outdoor dining area, including tables, chairs and shade structures, number of Mobile Food Vending Facilities, and information pertaining to the related Food and Beverage Product Manufacturing site, Cottage Food Operation, or other affiliated commissary;
7.
The operation shall comply with Chapter 17-16, Noise Ordinance, and the Noise and Safety Element of the Santa Rosa General Plan;
8.
An agreement for the use of permanent properly operating restroom facilities within 200 feet of the Mobile Food Vending Facility's location shall be maintained at all times for employees;
9.
All signage shall be located on the vending equipment and is subject to the requirements of Chapter 20-38, Signs;
10.
Mobile Food Vending Facilities shall follow Local and State regulations for alcoholic beverages and cannabis products sales;
Mobile Food Vending Facilities cooking food shall at all times maintain a working fire extinguisher(s) of the appropriate type and rating at the vending location;
12.
Mobile Food Vending Facilities operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking spaces for the principal use on the property; and
13.
After the permitted hours of operation, all mobile vending equipment, including the mobile unit itself and any associated dining furniture, shall be stored off site or within an approved, enclosed structure on site unless otherwise approved through a Minor Use Permit. Associated temporary structures and dining furniture are subject to Fire Department review and approval.
E.
Sites with Multiple or New Mobile Food Vending Facilities.
1.
New Mobile Food Vending Facilities on sites with an approved Minor Conditional Use Permit that have no current Mobile Food Vendor operating, shall obtain a Zoning Clearance to operate on the site. The new Mobile Food Vending Facility must operate in the same location on site of the previous Mobile Food Vending Facility as indicated on the approved plans.
2.
Mobile Food Vending Facilities on sites with multiple facilities must stay in the locations indicated on the approved plans.
3.
Sites that have Mobile Food Vending Facilities that rotate throughout the day must operate within the same approved locations on site. An agreement between the rotating operators will be required for the timely transition between the different Mobile Food Vending Facilities. New Mobile Food Vending Facilities on sites with rotating facilities shall obtain a Zoning Clearance to operate under the Minor Conditional Use Permit.
4.
Changes to the existing Minor Conditional Use Permit, including increasing the number of Mobile Food Vending Facilities on a site, can be conducted through Section 20-54.060 (Changes to an Approved Project). F.
Existing Mobile Food Vending Facilities. Conditions of Approval on previously issued Minor Conditional Use Permits for Mobile Food Vending Facilities that required a new Minor Conditional Use Permit for a change in operator are not enforced and procedures shall follow Section 20-54.070, Permits to run with the land. G.
Exempt Compact Mobile Food Operation. Per Section 20-21.040, no land use approvals are required, per Section 20-21.040 (Exemptions from land use requirements) if the following requirements and standards are met:
1.
Shall obtain a Business Tax Certificate.
2.
Shall meet all requirements of the Sonoma County Environmental Health Department.
3.
Shall obtain an agreement with the property owner to operate.
Shall only operate between the hours of 6AM—11PM.
Shall not exceed a maximum of 25 square feet for the selling and display area.
6.
Shall provide food storage 6 inches from ground and overhead protection.
7.
Shall comply with the Zero Waste Food Ware Ordinance.
8.
Shall only sell and handle prepackaged food and whole uncut produce, as defined by the California Retail Food Code.
(Ord. 4074 § 5, 2016; Ord. 2021-012 § 36; Ord. 2024-012, 11/19/2024; Ord. 2025-014, 11/18/2025)
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)¶
Each commercial telecommunications facility shall comply with the following regulations. A.
Exempt facilities. The following are exempt from Design Review and Conditional Use Permit requirements: 1.
A telecommunications facility that is not within the public view as defined in Division 7 (Glossary), provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2.
Removal of transmission equipment.
3.
Replacement of transmission equipment with new equipment that is substantially the same size and in the same location as the existing equipment.
B.
Minor facilities. The following are subject to Minor Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter.
1.
Building or ground-mounted antennas located on non-residentially used parcels within R or PD zoning districts;
2.
Building or ground-mounted antennas located within any C, BP, or PI zoning district or within any office, commercial or industrial area of a PD zoning district;
3.
Minor modifications to existing legally established minor or major towers in any zoning district;
4.
Telecommunication towers with no more than two satellite dishes located within any CO, CN, or PI zoning district, or within any office or commercial area of a PD zoning district where the height does not exceed 45 feet;
5.
Telecommunication towers with no more than two satellite dishes located within any CG, CV, CSC, BP, IL, or IG zoning district, or within any industrial area of a PD zoning district where the height does not exceed 45 feet.
C.
Major facilities. The following facilities are subject to Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter:
1.
All commercial telecommunication facilities, other than exempt or minor facilities.
D.
Collocation on an existing telecommunications facility. Collocation of new transmission equipment on an existing, legally established, telecommunications facility is subject to Minor Design Review only, consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, or as
otherwise required by Federal Law, as may be amended from time to time, and shall comply with all applicable provisions of this Chapter. This section also applies to telecommunications facilities that were legal when they were originally constructed, but changes in this Zoning Code, or the applicable zoning district development standards, caused the structure to become legal nonconforming. E.
Application requirements for commercial facilities. In addition to the Conditional Use Permit application requirements specified in Chapter 20-50 (Permit Application Filing and Processing), the following information shall be submitted when applying for a minor or major commercial facility:
Area development, service area, and network maps;
2.
Alternative site or location analysis;
3.
NIER exposure information;
4.
Title reports; and
5.
Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures.
F.
Design guidelines for commercial facilities. To the greatest extent possible, minor and major commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.
1.
Innovative design solutions that minimize visual impacts should be utilized.
2.
Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.
3.
Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.
4.
Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.
5.
Telecommunication facilities shall be located and designed to avoid blocking and/or substantially altering scenic resources.
6.
Building mounted telecommunication facilities are encouraged over telecommunication towers. 7.
Building mounted telecommunication facilities should be integrated with existing structures. 8.
Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.
9.
Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
No telecommunication tower shall be installed on an exposed ridge line, unless it is found not to be readily visible from off site.
The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.
12.
Satellite dishes are encouraged to be of mesh construction.
13.
Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.
14.¶
Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is required where feasible and found to be desirable. 15.
All antenna towers should be monopoles or guyed/lattice towers except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.
16.
All utility lines serving the facility should be undergrounded.
17.¶
Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary. 18.
All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in R zoning districts or within residential areas of a PD zoning district. 19.
All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. The 75-foot Habitable Structure Setback is measured as the shortest distance from a major commercial
telecommunications facility to the nearest exterior wall of the closest habitable structure. Habitable structure as defined in this chapter means a structure for living, sleeping, eating, or cooking spaces occupied by one household or family on a long-term basis. Habitable structure does not include a guest house or any transient residential occupancy of structure including but not limited to hotel or motel.
G.
Commercial transmission tower location. The following regulations shall apply to the location of transmission towers.
1.
Analysis of alternative sites. The application for each commercial facility shall include an analysis shall be prepared by or on behalf of the applicant, which identifies reasonable, technically feasible, alternative locations and/or facilities which would provide comparable service. The intention of the alternatives analysis is to present alternative sites which would minimize the number, size and potential adverse environmental impacts of facilities necessary to provide services. The analysis shall address the potential for co-location at an existing or new tower site and shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making
body finding that the proposed site results in the least potentially adverse impacts than any feasible alternative site.
2.
Separation between facilities. No telecommunications tower, providing services for a fee directly to the public, shall be installed closer than two miles from another readily visible, uncamouflaged or unscreened telecommunication tower unless it is a co-located facility, situated on a multiple user site, not readily visible, or technical evidence acceptable to the Director or Commission, as appropriate, is submitted showing a clear need for the facility and the infeasibility of co-locating it on an existing tower. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
3.
Co-location.
a.
A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where lease arrangements fail.
b.
All properties and towers found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including parking areas, access roads, utilities and equipment buildings shall be shared by site users, when in the determination of the Director or Commission, as appropriate, this will minimize overall visual impacts to the community.
4.
Roads and parking. All commercial telecommunications facilities shall be served by the minimum roads and parking areas necessary. Existing roads and parking areas shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet City standards. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses and shall comply with City standards.
5.
NIER exposure. Commercial telecommunications facilities shall be operated in compliance with the Federal Communication Commission's (FCC) human exposure standards for non-ionizing electromagnetic radiation (NIER). The applicant for commercial telecommunication facilities shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any of the following ways:
a.
Provide evidence in the form of an FCC license or construction permit that has accepted the applicant's certification that the facility meets the FCC standard;
b.
Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 4026 §§ 2, 3, 2014; Ord. 2021-012 § 37) Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition. (Ord. 3677 § 1, 2004)
Staff training procedures; and¶
3.
Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.
I.
Lighting. Interior and exterior lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and the following standards:
1.
Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall be Building Code compliant and comply with Section 20-30.080 (Outdoor Lighting).
2.
Interior light systems shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.
J.
Noise. Use of air conditioning and ventilation equipment shall comply with the Chapter 17-16 (Noise). The use of generators is prohibited, except as short-term temporary emergency back-up systems. (Ord. 2017-025 § 6)
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional requirements for Cannabis Commercial Cultivation.
A.
Outdoor commercial cultivation prohibited. The cultivation of Cannabis for commercial use may only be cultivated within a fully enclosed space.
B.
Conditional use. Depending on the size of the facility, and in accordance with Table 2-10, a Conditional Use Permit or Minor Conditional Use Permit shall be required for Cannabis Commercial Cultivation. For purposes of determining the facility size, and thus the appropriate permit, square footage shall be defined by calculating the gross square footage of the structure or portion of the structure occupied by the Cannabis Business, not the canopy area.
C.
Microbusiness. In addition to compliance with permit and operating requirements set forth in this Chapter for Cannabis Cultivation, a Cannabis Microbusiness which includes cultivation, manufacturing distribution and/or retail within one State license shall comply with all permit and operating requirements set forth in this Chapter for Cannabis Manufacturing, Distribution, and/or Retail (Dispensary) and Delivery as applicable to the combination of uses within the license.
D.
Pesticides. The cultivation of Cannabis must be conducted in accordance with all applicable Federal, State, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging). (Ord. 2017-025 § 6)
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional operational requirements for Cannabis Manufacturing.
A.
Extraction processes. Cannabis Manufacturers shall utilize only extraction processes that are: (1) solvent-free or that employ only non-flammable, nontoxic solvents that are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act; and/or (2) use solvents exclusively within a closed loop system that meets the requirements of the Federal Food, Drug, and Cosmetic Act including use of authorized solvents only, the prevention of off-gassing, and certification by a California licensed engineer.
B.
Loop systems. No closed loop systems shall be utilized without prior inspection and approval of the City's Building Official and Fire Code Official.
C.
Standard of equipment. Extraction equipment used by the Cannabis Manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the City's Building Official and Fire Code Official.
D.
Annual re-certification required. Extraction equipment used by the Cannabis Manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on-site.
E.
Food handler certification. All owners, employees, volunteers or other individuals that participate in the production of edible Cannabis Products must be State certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the Cannabis Manufacturer's facility where that individual participates in the production of edible Medical Cannabis Products.
F.
Edible product manufacturing. Cannabis Businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County Health Permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq., and Sonoma County Health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.
(Ord. 2017-025 § 6)¶
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides location and operating requirements for Cannabis Retail (Dispensary) and Delivery. A.
Conditional use. A Conditional Use Permit shall be required to operate Cannabis Retail (Dispensary) and Delivery in accordance with Tables 2-6 and 2-10. The use permit application shall clearly specify if the use is for medical and/or for adult use retail.
B.
Delivery services. In addition to the requirements established in this Chapter for Cannabis Retail, the delivery of Cannabis and Cannabis Products shall be subject to the following requirements:
1.
Commercial delivery to patients at locations outside a permitted Cannabis Retail facility shall only be permitted in conjunction with a permitted Cannabis Retail facility that has a physical location and a retail storefront open to the public.
2.
A Cannabis Retail facility shall not conduct sales exclusively by delivery.
3.
Conditional Use Permit applications for Cannabis Retail shall include a statement as to whether the use will include delivery of Cannabis and Cannabis Products to patients located outside the Cannabis Retail facility.
4.
If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter and State law.
C.
Drive-through services. Drive-through or walk-up window services in conjunction with Cannabis Retail are prohibited.
D.
Location requirements. In addition to the requirements established in Tables 2-6 and 2-10, Cannabis Retail shall be subject to the following location requirements:
1.
Overconcentration. To avoid overconcentration, a Cannabis Retail use shall not be established within 600 feet of any other Cannabis Retail use established within and permitted by the City of Santa Rosa. The Department shall establish evaluation criteria and selection procedures as necessary to avoid overconcentration of Cannabis Retail uses where competing applications are submitted within a 600-foot radius of each other.
2.
Setback to schools. Cannabis Retail shall be subject to a 600-foot minimum setback from any K-12 "school," as defined by the Health and Safety Code Section 11362.768.
Measurement of distance. The distance between Cannabis Retail and a school shall be made in a straight line from the boundary line of the property on which the Cannabis Retail is located to the closest boundary line of the property on which a school is located.
4.
Location of a new school after permit issued. Establishment of a school within the required setback of a Cannabis Retail facility after such facility has obtained a Conditional Use Permit for the site shall render the Cannabis Retail facility legal non-conforming and subject to the protections and provisions of Chapter 20-61 (Non-Conforming Uses, Structures and Parcels).
5.
Visibility of entrance. The storefront entrance of a Cannabis Retail facility shall be in a visible location that provides an unobstructed view from the public right-of-way.
E.
Edible products. Cannabis Businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County Health Permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq., and Sonoma County Health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products. F.
Operational requirements. In addition to project specific conditions of approval, Cannabis Retail shall comply with the following operational requirements:
1.
Employees. The Cannabis Retail Operator shall maintain a current register of the names of all employees employed by the Cannabis Retailer, and shall disclose such register for inspection by any City officer or official for purposes of determining compliance with the requirements of this section.
2.
Recordkeeping. The Cannabis Retail Operator shall maintain patient and sales records in accordance with State law.
3.
Protocols and requirements for patients and persons entering the site. No person shall be permitted to enter a Cannabis Retail facility without government issued photo identification. Cannabis Businesses shall not provide Cannabis or Cannabis Products to any person, whether by purchase, trade, gift or otherwise, who does not possess a valid government-issued photo identification card and a valid physician's recommendation under Section 11362.712 of the Health and Safety Code.
4.
Hours of operation. Cannabis Retail may operate between the hours of 9:00 a.m. to 9:00 p.m. up to seven days per week unless the review authority imposes more restrictive hours due to the particular circumstances of the application. The basis for any restriction on hours shall be specified in the permit.
5.
Secured access. A Cannabis Retail facility shall be designed to prevent unauthorized entrance into areas containing Cannabis or Cannabis Products. Limited access areas accessible to only authorized personnel shall be established.
6.
Secured products. Cannabis and Cannabis Products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to
prevent diversion, theft, and loss.
7.
Sale and display of cannabis paraphernalia. No dispensary shall sell or display any cannabis related paraphernalia or any implement that may be used to administer Cannabis or Cannabis Products unless specifically described and authorized in the Conditional Use Permit. The sale of such products must comply with the City's zoning code and any other applicable State regulations.
8.
On-site physician restriction. Cannabis Retail shall not have an on-site or on-staff physician to evaluate patients and provide a recommendation for Cannabis.
9.
Site management. The Cannabis Retail Operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, "reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.
Advertising and signs. A Cannabis Retail facility shall not advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center.
11.
Display of permit. Cannabis Retail shall maintain a copy of its permit on display during business hours and in a conspicuous place so that the same may be readily seen by all persons entering the facility. G.
On-site consumption. In addition to the requirements established in this Chapter for Cannabis Retail, the consumption of Cannabis and Cannabis Products shall be subject to the following requirements:
1.
Patients or customers. Neither patients nor customers shall be permitted to consume cannabis on the site of a Cannabis Retail facility except as permitted in accordance with Chapter 9-20 (Smoking Regulations), in compliance with State law and as follows:
a.
Conditional Use Permit applications for Cannabis Retail shall include a statement as to whether the use will include on-site consumption by patients or customers of Cannabis and Cannabis Products. b.
If on-site consumption will be included, the application shall describe the operational plan and specific extent of such provision, security protocols, and how the consumption will comply with the requirements set forth in this Chapter and State law.
2.
Employees. Employees of a Cannabis Retail facility who are qualified patients may consume medical Cannabis or Cannabis Products on-site within designated spaces not visible by members of the public, provided that such consumption is in compliance with Chapter 9-20 (Smoking Regulations) and State law. 3.
Signs regarding public consumption. The entrance to a Cannabis Retail facility shall be clearly and legibly posted with a notice indicating that smoking and vaping of Cannabis is prohibited on site or in the vicinity of the site except as permitted in accordance with Chapter 9-20 (Smoking Regulations) and State law.
(Ord. 2017-025 § 6; Ord. 2018-002 § 3)¶
A.
Dual licensing. The City recognizes that State law requires Cannabis Businesses to obtain dual licensing at the State and local level for temporary special events that involve on-site cannabis sales to, and consumption by patients. Such events shall not be allowed to commence until the Cannabis Business can demonstrate that all necessary local permits, State temporary event licenses, and agency permits have been obtained in compliance with any regulations and deadlines established by the City and the State.
B.
Conditional use. Applications for a cannabis special event shall be filed in a timely manner in accordance with Section 20-52.040 (Temporary Use Permit) or Chapter 11-40 (Special Events) depending on the location of the event.
(Ord. 2017-025 § 6)¶
In addition to the grounds in Section 20-54.100 (Permit revocation or modification), the review authority may require modification, discontinuance or revocation of a Cannabis Business permit if the review authority finds that the use is operated or maintained in a manner that it:
A.
Adversely affects the health, peace or safety of persons living or working in the surrounding area;
B.
Contributes to a public nuisance; or
C.
Has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity,
diversion of Cannabis or Cannabis Products, public intoxication, smoking in public, harassment of passerby, littering, or obstruction of any street, sidewalk or public way; or
D.
Violates any provision of the City Code or condition imposed by a City issued permit, or violates any provision of any other local, State, regulation, or order, including those of State law or violates any condition imposed by permits or licenses issued in compliance with those laws. (Ord. 2017-025 § 6)
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)¶
This chapter applies to all Short-Term Rental uses as defined herein but is not intended to regulate hotels, motels, inns, the home exchange of a dwelling unit as defined herein, or other rental arrangements, including,
but not limited to, community care facilities, lodging or rooming houses, or supportive or transitional housing. Each Short-Term Rental Owner, Agent, Local Contact, Short-Term Renter, and Daytime Guest as defined herein shall comply with the requirements of this chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
Terms that are not defined in this chapter shall have the meanings ascribed to them in Chapter 20-70 of the Santa Rosa City Code. The following words and phrases shall have the meanings set forth below when used in this chapter unless the context plainly requires otherwise:
Agent.¶
A person, authorized in writing by the Short-Term Rental property owner to comply with the requirements of this chapter.
Daytime Guests.
Guests of Short-Term Renters who visit the Short-Term Rental between the allowed daytime guest hours of 8:00 a.m. and 9:00 p.m.
Dwelling Unit.
A single unit that provides complete independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Enforcement Official.
The City Manager, the Planning and Economic Development Director (Director), the Police Chief, the Fire Marshal, the Building Official, or one or more of their respective designees.
Home Exchange.¶
A type of accommodation in a legal dwelling unit in which two or more parties agree to offer exclusive use of each other's homes for living and sleeping purposes for a set period of time whereby the agreement involves the exchange of homes and may include use of the vehicles associated with those homes, with no additional monetary exchange or other consideration exchanged between the parties. Also known as home swapping. Host.
A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a ShortTerm Rental. Host includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Host is synonymous with Owner and Operator.
Hosted Short-Term Rental.¶
A Short-Term Rental where, throughout the Short-Term Rental period, the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, which parcel is the Owner's principal residence as defined herein. Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal Dwelling Unit except where allowed in an ADU pursuant to Section 20-48.040(A)(4)(b).
Local Contact.
A natural person identified in the Short-Term Rental Permit application who is available 24 hours per day, seven days per week, for the purpose of responding to complaints regarding the condition, operation, or conduct of the Short-Term Rental or its occupants, and for taking any remedial action necessary to resolve such complaints, including visiting the Short-Term Rental, if necessary, within 45 minutes after initial complaint. A Local Contact shall not be a call center where a call is not directly answered by a natural person or where the complainant is required to consent to being recorded.
New Operator.
Any Short-Term Rental owner who does not qualify as an Operator in Good Standing as defined herein. Non-Hosted Short-Term Rental.
A Short-Term Rental where the Host does not live and sleep in the Dwelling Unit or in another legal Dwelling Unit on the same parcel throughout the Short-Term Rental period.
Operator in Good Standing.¶
A Short-Term Rental Operator who was registered on or before October 27, 2021 to pay the City's Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (BIA) assessments; who submitted a Short-Term Rental Permit application prior to December 3, 2021, that was subsequently approved; and who has not lost Operator in Good Standing status pursuant to any of the reasons provided for in Section 20-48.040(H)(1-4).
Operator.
A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a ShortTerm Rental. Operator includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Operator is synonymous with Host and Owner.
Owner.¶
A natural person or persons who is/are the Short-Term Rental Owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Owner includes a personal or family trust whose beneficiaries consist solely
of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Owner is synonymous with Host and Operator.
Principal Residence.¶
The place where one resides for more than one-half of the year.
Renoticing Fee.
A fee set forth in the City of Santa Rosa Fee Schedule that is assessed to Short-Term Rental Owners if Local Contact, occupancy or parking information for the Short-Term Rental is changed during the life of the ShortTerm Rental Permit.
Short-Term Rental Permit Application — New.
A Short-Term Rental Permit application for a property that does not have an issued and active Short-Term Rental Permit, or where a prior Short-Term Rental Permit has expired or been revoked, or where an Owner no longer qualifies as an Operator in Good Standing.
Short-Term Rental Permit Application — Renewal.
A Short-Term Rental Permit application for a property that has an issued and active Short-Term Rental Permit, and where the Short-Term Rental Permit renewal application is submitted during the 60 calendar day period prior to expiration of the issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the issued Short-Term Rental Permit.
Short-Term Rental Permit Application Fee.¶
The fee assessed for a new or renewal Short-Term Rental Permit application as defined herein and as set forth in the City of Santa Rosa Fee Schedule.
Short-Term Rental.
A Dwelling Unit, or any portion thereof, utilized for residing, lodging, sleeping, or other occupancy purposes for less than 30 consecutive days, counting portions of days as full days. Short-Term Rentals may be Hosted
or Non-Hosted as defined herein.
Short-Term Renter.
A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full days. Short-Term Renters also include all persons who occupy the Short-Term Rental during the overnight hours of 9:00 p.m. to 8:00 a.m. Daytime Guests as defined herein are not considered Short-Term Renters.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
A Short-Term Rental Permit issued by the Director is required prior to renting, offering, or advertising a ShortTerm Rental within the City.
A.
Permit requirements.
1.
A Short-Term Rental Permit is required for each address where a Short-Term Rental is proposed.
2.
A Short-Term Rental Permit may be issued only to an Owner as defined herein.
3.
A Short-Term Rental Permit may be issued only for a fixed location and address and only for a habitable and permitted Dwelling Unit.
4.
A Short-Term Rental Permit shall not be issued for any of the following unit types or spaces:
a.
Income-restricted affordable housing.
b.
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); except an ADU where a ShortTerm Rental Permit has been issued and is in effect may continue to operate as a Short-Term Rental until or unless it is no longer compliant with any other section of this chapter. A Short-Term Rental Permit for an ADU which has been revoked or vacated or for which a Short-Term Rental Permit Renewal application has not been received pursuant to subsection (E) of this section, or for which a Short-Term Rental Permit Renewal application has been denied, may not be reissued.
c.
Student housing, dormitories, and single-room occupancy facilities.
d.
Senior housing.
e.
Transitional housing.
f.
Temporary housing units such as recreational vehicles, including, but not limited to, non-motorized travel trailers, tiny homes, yurts, tents, treehouses, and sleeping in vans or cars.
g.
Areas not designed or intended for human habitation, such as closets, laundry rooms, storage sheds, and similar areas.
B.
Location requirements and permit limits.
Hosted Short-Term Rental. Hosted Short-Term Rentals are allowed with a Short-Term Rental Permit in all City zoning districts.
a.
Short-Term Rental Permits may be issued for Hosted Short-Term Rentals citywide with no cap on the total number issued.
b.
There is no separation requirement between Hosted Short-Term Rentals.
c.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Hosted Short-Term Rental within city limits.
d.
Hosted Short-Term Rental Application Affidavit. All applications for a Hosted Short-Term Rental Permit shall require the submittal of an affidavit documenting that the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, one of which is which parcel is the Owner's principal residence as defined herein, throughout the Short-Term Rental period, as defined in Section 2048.030.
2.
Non-Hosted Short-Term Rentals are allowed with a Short-Term Rental Permit in the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Rural Residential (RR), Single-Family Dwelling (R-1), Residential Planned Development (PD) where not explicitly prohibited, Medium Density Multifamily Residential (R-2), Multifamily Residential (R-3), Transit Village Residential (TV-R), Office Commercial (CO), Neighborhood Commercial (CN), Community Shopping Center (CSC), General Commercial (CG), and Transit Village-Mixed (TVM) zoning districts. Non-hosted short-term rentals are prohibited in all other zoning districts.
a.
The maximum number of Short-Term Rental Permits issued for Non-Hosted Short-Term Rentals shall be 182 citywide. No new Non-Hosted Short-Term Rental Permit applications shall be accepted. The maximum number of Non-Hosted Short-Term Rental Permits citywide shall decrease through attrition when existing Non-Hosted Short-Term Rental Permits are vacated or revoked, or when properties are sold or transferred, with the exception of transfers allowed pursuant to Section 20-48.040(G)(1).
b.
Required separation between Non-Hosted Short-Term Rentals. A new Non-Hosted Short-Term Rental may not be proposed within 1,000 feet of another existing or proposed Non-Hosted Short-Term Rental as measured from property line to property line.
3.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Non-Hosted Short-Term Rental within city limits. Non-Hosted Short-Term Rental Permit Owners with more than one issued Non-Hosted Short-Term Rental Permit as of August 24, 2023 may continue to maintain all of their existing Non-Hosted Short-Term Rental Permits, provided that the Permits are maintained in good standing and have not otherwise been vacated or revoked. If a Non-Hosted Short-Term Rental Permit is not renewed pursuant to Section 20-48.040(E), the Owner shall lose the right to that Permit and their total number of Permits held shall be reduced.
C.
New application. A new Short-Term Rental Permit application accompanied by the appropriate application fee shall be filed with the Planning and Economic Development Department. The new Application shall
include all supporting materials, verifications, and signatures required by said application and any other information determined necessary by the Director, or the application shall be deemed incomplete and subject to expiration pursuant to Section 20-50.080, Initial application review.
D.
Duration of Short-Term Rental Permit. A Short-Term Rental Permit shall be valid for a period of no more than one year from date of issuance and is automatically void upon expiration, unless an application for a Renewal Short-Term Rental Permit has been submitted to the City pursuant to Section 20-48.040(E) below. A Short-Term Rental Permit may not be extended but may be renewed in accordance with subsection E, below.
E.
Annual renewal.
1.
A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Economic Development Department annually prior to expiration of the Short-Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.
2.
If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2023, the renewal Short-Term Rental Permit issuance date shall be January 1, 2024.
3.
If a Renewal Short-Term Rental Permit application is not received prior to the expiration of an issued ShortTerm Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit, including separation requirements between Non-Hosted Short-Term Rentals, shall apply.
F.
Neighbor notification.
1.
Upon issuance of a New Short-Term Rental Permit, the City will provide mailed notice of permit issuance, Local Contact information, and certain Short-Term Rental regulations to property owners and tenants within 600 feet of the Short-Term Rental.
2.
Renoticing requirement. Neighbor renoticing is required if the Local Contact, occupancy, or parking limits change during the life of the Short-Term Rental Permit. Where neighbor renotification is required, the applicant shall be responsible for all renotification costs including staff time, printing, and postage prior to Permit issuance or implementation of the requested changes, as set forth in the City of Santa Rosa Fee Schedule.
G.
Transferability. A Short-Term Rental Permit is non-transferrable, except as identified in subsection (G)(1) below. If a property with an approved Short-Term Rental Permit is sold or transferred to any other person, the Short-Term Rental Permit is void. Any subsequent reapplication shall be subject to all requirements of a New Short-Term Rental Permit application including the 1000-foot separation requirement for Non-Hosted ShortTerm Rentals. The following exception shall apply:
1.
In the event that a Short-Term Rental Permit Owner is incapacitated, deceased, or otherwise unable to carry out the terms of the Short-Term Rental Permit, a valid Short-Term Rental Permit may be transferred to a spouse or domestic partner.
H.
Loss of Operator in Good Standing status. Any owner of a property that applied for or was issued a ShortTerm Rental Permit as an Operator in Good Standing as defined herein, shall lose Operator in Good Standing status and all benefits accorded heretofore for any of the reasons outlined below and any subsequent reapplication shall be subject to all requirements for a new Short-Term Rental Permit, including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals.
1.
The Short-Term Rental, whether before or after Short-Term Rental Permit issuance, has accrued in any oneyear (12 consecutive months) period, three verified code enforcement violations; or
The New or Renewal Short-Term Rental Permit has been denied or revoked; or
3.
The property is sold or transferred to another person, with the exception of transfers allowed pursuant to subsection (G)(1) above; or
4.
The Owner does not submit a Renewal Short-Term Rental Permit application prior to or within 30 calendar days following the expiration of the issued Short-Term Rental Permit.
I.
Denial. The Director may deny a New or Renewal Short-Term Rental Permit application for any of the following reasons:
1.
The application or supporting materials, signatures, or verifications are incomplete, are not consistent with the requirements of this chapter, contain(s) false or misleading information or omission of a material fact; or
2.
The appropriate application fee has not been received; or
3.
The applicant has lost Operator in Good Standing Status and does not comply with the requirements of a new Short-Term Rental Permit, including the 1000-foot distance requirement between Non-Hosted ShortTerm Rentals; or
4.
The application seeks authorization at an address where a Short-Term Rental Permit:
a.
Has expired and a complete Short-Term Rental Permit renewal application has not been received prior to or within 30 calendar days following the expiration; or
b.
Is subject to revocation proceedings for violation of any of the provisions of this chapter or any other chapter of the City's Municipal Code, or any local, State, or Federal laws.
5.
The applicant is ineligible for a Short-Term Rental Permit due to a prior revocation pursuant to Section 2048.080(C); or
6.
The Owner has failed to remit TOT and/or BIA assessments in the amount(s) required based on the number of nights the Short-Term Rental has been occupied and the level of compensation received; or
7.
The Short-Term Rental Owner has unpaid code enforcement penalties or other City fees at the time of New or Renewal Short-Term Rental application submittal, unless said penalties or fees are paid within 30 days of the filing of a New or Renewal Short-Term Rental application.
J.
Appeals. Director determinations on New or Renewal Short-Term Rental Permit applications may be appealed to the Planning Commission. Appeals shall be submitted in writing on a City application and filed with the Planning and Economic Development Department with the appropriate fee within 10 calendar days after the decision date. The time limit will extend to the following business day where the last of the specified number of days falls on a day that City offices are not open for business.
(Ord. 2021-011 § 2; Ord. 2022-008 § 2; Ord. 2023-008, 6/20/2023; Ord. 2023-011, 7/25/2023)
A.
Transient Occupancy Tax. Short-Term Rental Owners shall impose, report, and remit Transient Occupancy Tax pursuant to City Code Chapter 3-28, Transient Occupancy Tax. Notwithstanding Section 3-28.050, Registration, Short-Term Rental Owners must register for TOT prior to submittal of a new Short-Term Rental Permit application. Any Short-Term Rental Owner who fails to accurately impose, report, and remit Transient Occupancy Tax shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 3-28 and Section 20-48.080 of this chapter.
B.
Santa Rosa Tourism Business Improvement Area Assessment. Short-Term Rental Owners shall report and remit Business Improvement Area Assessment pursuant to City Code Chapter 6-56, Article IV, Santa Rosa Tourism Business Improvement Area. Any Short-Term Rental Owner who fails to accurately report and remit Business Improvement Area Assessments shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 6-56 Article IV and Section 20-48.080 of this chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
A.
Occupancy limits. Maximum Short-Term Rental occupancy shall not exceed two Short-Term Renters per bedroom and shall in no instance exceed 10 Short-Term Renters in total, excluding children under the age of three. The number of bedrooms shall be determined by County Assessor's record. The Owner shall not allow the Short-Term Rental to be used for any gathering that exceeds the maximum number of Short-Term Renters and allowable Daytime Guests, or for any gathering that does not meet the minimum parking requirements specified herein.
B.
Daytime Guests. In addition to the maximum number of Short-Term Renters allowed, Daytime Guests shall be allowed to visit the property between the hours of 8:00 a.m. and 9:00 p.m. The maximum number of Daytime Guests shall be equal to one-half of the maximum number of Short-Term Renters allowed (e.g., if
the maximum number of Short-Term Renters is 10, then five Daytime Guests are allowed for a total occupancy to not exceed 15 people between the hours of 8:00 a.m. and 9:00 p.m.).
C.
Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsections (A) and
(B) above, the maximum occupancy of a Short-Term Rental shall not exceed the occupancy supported by the minimum parking spaces as required below, except for Short-Term Rentals located in CMU, SMU, MMU, and NMU zoning districts where maximum occupancies shall be determined by the number of bedrooms proposed for Short-Term Rental Use exclusively:
1.
Each Short-Term Rental shall provide one off-street parking space per bedroom proposed for Short-Term Rental use.
2.
Parking spaces within garages and carports shall have minimum dimensions of nine and one-half feet in width by 19 feet in length, clear of any obstructions (e.g. laundry or HVAC equipment).
3.
Standard parking spaces shall have a minimum dimension of nine feet in width by 19 feet in length. 4.
Parallel parking spaces shall be at least eight feet by 22 feet, except that spaces that are encumbered at one end may be reduced to eight feet by 20 feet.
5.
Where legal on-street parking is available, no more than one on-street parking space may count toward the minimum number of parking spaces required.
6.
A garage or driveway used to meet the Short-Term Rental minimum parking requirement must be available to the Short-Term Renter for that purpose.
7.
Parking shall not be located in a required front or street side setback except when located on a driveway.
8.
Parking shall not encroach into the roadway or obstruct fire apparatus access roads (Emergency Vehicle Access) or travel. This includes driveways where fire department access is required to come within 150 feet from the furthest point of the structure for firefighting purposes.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
Each Owner, Agent, and Short-Term Renter or Daytime Guest shall comply with all operational requirements and standard conditions established by this section.
A.
General.
1.
Compliance with other codes and laws. At the time of Short-Term Rental Permit issuance and at all times the Short-Term Rental Permit is active, the Short-Term Rental shall be in compliance with the provisions of the City Code, the California Fire Code, California Building Code, California Residential Code, International Property Maintenance Code, National Fire Protection Association Standards, local amendments to adopted codes or regulations, and any other applicable laws and codes.
Noise limits. Short-Term Renters and Daytime Guests shall comply with all requirements of City Code Section Chapter 17-16, Noise, with the following modification and addition:
a.
Quiet hours shall be enforced from 9:00 p.m. to 8:00 a.m.
b.
Outdoor amplified sound shall not be allowed at any time.
3.
Outdoor lighting. All exterior lighting shall be adequately shielded from adjacent properties to minimize light pollution impacts and shall comply with all other provisions of Section 20-30.080, Outdoor lighting.
4.
Trash and recycling facilities. Trash and refuse shall not be left stored within public view, except in the proper containers for the purpose of collection on scheduled trash days. Recycling and trash receptacles shall be removed from the street within 24 hours of trash pick-up.
5.
Permit posting. A copy of the Short-Term Rental Permit and accompanying Short-Term Rental Requirements shall be posted within the Short-Term Rental in a prominent place and shall be included as part of all rental agreements.
6.
Water conservation. During any City Council declared water shortage, the Owner shall provide Short-Term
Renters with information related to water reduction, how to report plumbing leaks to the Owner/Agent/Local Contact, and any City mandated water use prohibitions and restrictions.
7.
Events or gatherings. Events or gatherings including, but not limited to, weddings, receptions, and corporate events, are prohibited. Personal, private events hosted by the Owner of the Short-Term Rental, where the Owner is present at all times during the event, including overnight, are not subject to this provision.
8.
Advertising and listing requirements. Advertising may be conducted only for Short-Term Rentals operating under a valid Short-Term Rental Permit. All advertisements, flyers, internet listings, or other methods of offering the Short-Term Rental shall include the following:
a.
Maximum number of Short-Term Renters.
b.
Maximum number of Daytime Guests.
c.
Number of dedicated off-street parking spaces and whether there is one legal on-street parking space available for use by Short-Term Renters.
d.
Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.
e.
Notification that outdoor amplified sound is prohibited; and
f.
The Short-Term Rental Permit number for the property.
9.
Accessibility. The Short-Term Rental shall be made available by the Owner, Agent, or Local Contact for inspection by code enforcement, building, police, or fire personnel by request at any time. B.
Life, safety requirements.
Emergency communication. Each Short-Term Rental shall be equipped with landline telephone service
(POTS) or VoIP line with battery backup for the handset if a POTS isn't available. The POTS or VoIP shall be registered to receive SoCoAlert or the most current opt in form of "Reverse 911."
2.
Right to privacy. All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to Short-Term Renters.
3.
Evacuation preparation and signage. The following shall be posted in a visible location within each ShortTerm Rental:
a.
A City of Santa Rosa evacuation checklist;
b.
A "Know Your Alerts" flyer which provides the City's alert and warning systems for emergency notifications;
c.
A "Know Your Ways Out" map which reflects the recommended neighborhood travel routes to be used in the event of evacuation; and
d.
The evacuation zone for the Short-Term Rental location.
4.
Exit, fire, and emergency signage. Each Short-Term Rental shall have a clearly printed sign which shows the locations of all fire extinguishers, gas shut off valves, exits, and pull fire alarms in the unit and building (if applicable).
5.
Outdoor burning. Outdoor burning at Non-Hosted Short-Term Rentals shall be limited to outdoor firepits, fireplaces, barbeques/grills and heaters that generate an open flame through the use of a single five-gallon cylinder of liquid petroleum gas (LGP) or are fed by natural gas, provided that such outdoor burning shall not be located within 10 feet of combustible vegetation and overhanging trees limbs. No other outdoor burning shall be permitted at Non-Hosted Short-Term Rentals. Outdoor burning at Hosted Short-Term Rentals shall comply with all requirements of Santa Rosa Municipal Code Chapter 18-44 and the California Fire Code. (Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
It shall be unlawful for any person to violate any provision of, or to fail to comply with any requirement of this chapter, or of any other applicable local, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to, those outlined in Chapters 1-28, 1-30, 3- 28, 6-56 and Section 20-54.100 of this code. Enforcement as described herein may be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Short-Term Rental Permit. A.
Complaint procedure. Point-in-time complaints may be directed to the City's complaint hotline and may additionally be directed to the Local Contact as identified in the Short-Term Rental Permit application. Other complaints may be directed to Code Enforcement using the City's online portal. A failure of the Local Contact to respond as provided for herein, when verified by Code Enforcement, shall constitute a violation of a Short-Term Rental Permit.
B.
Penalties. Violation of any provision of this chapter shall result in the issuance of administrative citations and the assessment of enforcement penalties as provided for in Table 48.1, below. In no case shall such penalties exceed maximum fine amounts established pursuant to California Government Code Section 36900 et seq., or future amendments thereof.
| Table 48.1 - Fine Penalty Schedule For Short-Term Rental Violations | ||||||
|---|---|---|---|---|---|---|
| Major Categories | ||||||
| Section | Violation | 1st | 2nd* | 3rd+* | ||
| 20-48.040 | Operation or rental of a STR without a valid permit |
$1,500 | $3,000 | $5,000 | ||
| 20-48.060(A) | Exceeding occupancy limits [renters] | |||||
| 20-48.060(B) | Exceeding occupancy limits or daytime hours [guests] |
|||||
| 20-48.060(C) | Failure to observe parking requirements | |||||
| 20-48.070(A)(2)(a) | Failure to observe quiet hours | |||||
| 20-48.070(A)(2)(b) | Outdoor amplified sound | |||||
| 20-48.070(A)(7) | Operation of a prohibited event or gathering |
|||||
| 20-48.070(B) | Violation of life, safety requirements | |||||
| Minor Categories | ||||||
| Section | Violation | 1st | 2nd* | 3rd+* | ||
| 20-48.030 | Failure of Local Contact to respond as required |
$100 | $200 | $500 | ||
| 20-48.050 | Failure to pay TOT's or BIA's | |||||
| 20-48.070(A) | Violation of other codes or laws not directly relating to the STR regulation |
|||||
| 20-48.070(A)(3) | Nuisance lighting | |||||
| 20-48.070(A)(4) | Violation pertaining to trash, recycling, and receptacles |
|||||
| 20-48.070(A)(5) | Violation of posting standards | |||||
| 20-48.070(A)(8) | Violation of advertising and listing requirements |
|||||
| 20-48.070(A)(9) | Failure to provide inspection access | |||||
| * | Reflects subsequent violations occurring within 12 months of a first violation |
A citation issued for a first-time violation of Section 20-48.070(A)(8) pertaining to advertising or listing requirements shall not include a fine. The issuance of an administrative citation for any violation of this chapter, including a first-time violation of Section 20-48.070(A)(8) as described herein, or for a violation of any
other applicable local, State, or Federal law, shall constitute a verified violation for purposes of Section 2048.080(C).
C.
Revocation. Upon a third verified violation of this chapter within a 12 consecutive month period, a ShortTerm Rental Permit will be subject to revocation proceedings pursuant to Section 20-54.100. The Owner of a Short-Term Rental Permit that has been revoked for any reason shall be permanently ineligible for future consideration of a Short-Term Rental Permit on the property that was the subject of the revocation. (Ord. 2021-011 § 2; Ord. 2022-008 § 3; Ord. 2023-011, 7/25/2023)
"Business"¶
means any occupation, vocation, or calling, whether conducted for profit or not, that involves the time, attention, or labor of one or more persons.
"California Massage Therapy Council" or "CAMTC"
means the Massage Therapy organization formed pursuant to California Business and Professions Code Section 4602. CAMTC is considered a Certifying Body as defined in this Chapter.
"Certified Massage Establishment Certificate"
means the Registration Certificate issued by the city upon submission of satisfactory evidence that a Massage Establishment employs or uses only Certified Massage Therapists pursuant to this chapter and is
at all times operated in compliance with relevant sections of this Code and all other laws.
"Certified Massage Establishment" or "Establishment"
means a Massage Business, including, but not limited to, a sole proprietorship; a Massage Business operating under the benefit of a certified Massage Establishment Registration Certificate issued by the city;
and a Massage Business where each Business Owner, Employee, Independent Therapist, or other Individual who practices Massage Therapy for compensation, is a Certified Massage Therapist as defined herein.
"Certified Massage Therapist Certificate"
means the certificate issued by a Certifying Body, required by this chapter, authorizing a Certified Massage Therapist to practice Massage Therapy in conjunction with a Certified Massage Establishment.
"Certified Massage Therapist" or "Therapist"
means any Individual certified as a Certified Massage Therapist by CAMTC or another State certified body designated pursuant to California Business and Professions Code Section 4600 et seq. Pertaining to this chapter, the terms "masseur," "masseuse," "certified massage practitioner," or "Independent Therapist or Practitioner" shall have the same meaning as "Certified Massage Therapist" or "Therapist" when certified from or through a Certifying Body.
"Certifying Body"¶
means CAMTC or another State certified body designated pursuant to California Business and Professions Code 4600 et seq.
"Compensation" or "Compensated"
means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money, services, or anything else of value.
"Employee"
means any Individual employed by a Massage Establishment who may render any service to the
Establishment, and who receives any form of compensation from the Establishment, including but not limited to Individuals acting as Therapists and Independent Therapists.
"Health Officer"¶
means a representative from Sonoma County Environmental Health or their designee, and/or a Reviewing Officer as defined in this section.
"Home-Based"
means a use that is being conducted as or from:
1.
A Home Occupation, subject to Section 20-42.070 and the provisions of this Chapter; or
2.
A "live/work" or "work/live" unit, subject to Section 20-42.080 and the provisions of this Chapter.
Home-Based Massage services may be permitted, subject to Administrative Adjustment pursuant to Section 20-49.090(D) or (E) of this Chapter.
"Independent Therapist"¶
shall mean an Individual who holds a Certified Massage Therapist Certificate and provides services within a Massage Establishment for less than 10 cumulative days within any 30-day period, is not considered a permanent Employee, and is responsible for their own taxes and benefits;
"Manager"
means an Employee responsible for the day-to-day operations of the Massage Establishment, whose duties include but are not limited to the overseeing of staff; scheduling appointments; managing finances; and ensuring strict compliance with all local, state, and federal regulations. The Manager may or may not be a Business Owner or a licensed Massage Therapist but remains subject to the requirements of this chapter.
"Massage Business" or "Massage Establishment"
means any commercial operation having a fixed place of business where a Therapist, for any compensation, performs or engages in any act of Massage as defined in this section, regardless of whether other facilities or services are offered. Any Business that includes Massage Therapy services with adjacent uses such as bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools, and hot tubs, shall be deemed a Massage Business under this chapter. The term "Massage Business" also includes a sole Business Owner, operator or Employee operating as a sole proprietorship.
"Massage," and "Massage Therapy"
are used interchangeably in this chapter and refer to the professional application of touch by a Therapist for compensation. This includes, but is not limited to, techniques such as pressure, friction, stroking, kneading, rubbing, tapping, pounding, compressing, stimulating, or other movements of the external body surfaces. These techniques are used for remedial, health, or hygienic purposes to promote increased awareness,
relaxation, circulation, pain relief, injury rehabilitation, or neuromuscular reeducation. The term also includes, but is not limited to, treatments that utilize mechanical or electrical apparatus, supplemental aids like rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or similar preparations, as well as various types of baths, including Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, or fomentation baths.
"Mobile Massage Service"
means the engaging in or carrying on, either as a Certified Massage Establishment, Independent Therapist, or Sole Proprietor, of Massage for compensation at a location other than a Massage Establishment that has been permitted pursuant to this chapter or a Massage Business otherwise allowed to operate subject to section 20-49.090 of this chapter. Mobile Massage service may be permitted, subject to Administrative Adjustment pursuant to Section 20-49.090(C) of this Chapter.
"Non-Therapist Employee"
means a class of Employee who renders service to and receives compensation from the Establishment but is not a Business Owner or Manager and does not in any way practice Massage.
"Patron"
means a customer who is on the premises of a Massage Establishment for the purpose of receiving Massage Therapy services, in exchange for compensation, from a certified Massage Therapist while seeking relaxation, pain relief, or other health benefits.
"Person" or "Individual"¶
means any person or Individual as commonly defined, as well as any firm, association, partnership, corporation, joint venture, limited liability company, or combination thereof.
"Property Owner"
for purposes of this chapter means the responsible party, person or entity owning the real property upon which a Massage Business or Massage Establishment is located, as shown on the last equalized tax assessment roll maintained in the Sonoma County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered by a court of competent jurisdiction to take possession or control of the real property.
"Reception and Waiting Area"¶
means the area immediately inside the main entry door of the Massage Establishment dedicated to the reception and queuing of Patrons and visitors, and which is not a treatment area or otherwise used for the provision of Massage Therapy services.
"Registration"
means the Certified Massage Establishment Registration Certificate required by this chapter to operate a Massage Establishment.
"Reviewing Officer"
means the Code Enforcement Officer or other person, or persons designated by the City to conduct any application reviews or inspections as required or permitted under this chapter.
"School of Massage"¶
means any school or institution of learning that is recognized as an approved school pursuant to California Business and Professions Code Section 4600 et seq., as currently drafted or as may be amended.
"Sole Proprietor"
means a single individual who has the exclusive legal right or title to a massage business as the solitary owner/employee. A Sole Proprietor as used in this Chapter is subject to all of the provisions of Section 2049.030.
"Spa"
means any establishment or place of business that provides a variety of services focused on enhancing overall well-being through relaxation, rejuvenation, and the improvement of physical appearance or health.
"Treatment Area"¶
means the specific area or areas of an Establishment used for the provision of Massage Therapy services. "Visitor"
means any Individual not retained or employed by the Massage Business or Massage Establishment and not receiving or waiting to receive Massage Therapy services but excluding law enforcement personnel, Reviewing Officers, or other governmental officials performing governmental business. (Ord. 2025-004, 3/18/2025)
A.
Individuals. Within 180 days of the effective date of this chapter and at all times thereafter, except where a specific exemption is applicable pursuant to Section 20-49.090(A), it shall be unlawful for any Individual to practice Massage Therapy for compensation as a sole proprietorship or Employee of a Massage Business or
Establishment, or in any other capacity within the city unless that Individual is a currently Certified Massage Therapist.
B.
Establishments. Within 180 days of the effective date of this chapter, and at all times thereafter, it shall be unlawful for any Business or Establishment to provide Massage Therapy for compensation within the city unless all of the following apply:
1.
All Individuals performing Massage Therapy services are employed by the Massage Business or Establishment as an Employee, Independent Therapist, or sole proprietor;
2.
All Individuals performing Massage Therapy services are Certified Massage Therapists; and
3.
Said Business has obtained a valid certified Massage Establishment certificate from the City as provided in Section 20-49.040.
(Ord. 2025-004, 3/18/2025)
A.
Application. The Registration application for a Massage Establishment certificate shall include all of the following:
1.
Legal name, address, and telephone number of the Massage Establishment. The Establishment name shall correspond to the named lessor on any lease agreement, and with the entity named on the Zoning Clearance and Business Tax Certificate.
2.
Legal name(s), residential and business address(es), and telephone number(s) of all Business Owner(s). In the event that the owner is an LLC or other corporate business entity, documents attesting to the form of business under which the Massage Establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form) will be provided, along with the legal names, addresses and telephone numbers of all listed members of the entity.
3.
An approved Zoning Clearance, or Use Permit, for the proposed location, as required by Division 2 of this code, and a copy of a current business tax certificate issued pursuant to Chapter 6-04 of this code.
4.
A dimensioned digital plan, clearly detailing the entirety of the Massage Establishment and demonstrating compliance with all provisions of Section 20-49.050 of this chapter.
5.
A list of all of the Massage Establishment's Employees; Therapists; and Independent Therapists who are
engaged to perform Massage for more than 10 cumulative days within any 30-day period, along with their current proof of certification status.
6.
Each Business Owner and Employee of the Massage Establishment who is not a Certified Massage Therapist, Non-Therapist Employee, or Certified Massage Therapist who has not undergone a background check as part of their certification process shall:
a.
Obtain a "Request for Live Scan Service Form" from the Reviewing Officer, and submit the form and requisite fees to a California Live Scan Fingerprinting Services location; and
b.
Submit to the Reviewing Officer a written summary of the Individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any Massage Business or Establishment, spa, wellness facility, sauna, hot tub facility, bathhouse, or similar Business owned or operated by the Individual whether inside or outside the county of Sonoma and its incorporated cities.
7.
For all Business Owners and Non-Therapist Employees, a valid and current driver's license and/or identification issued by the state of California.
8.
For all Business Owners, a signed statement that all of the information contained in the application is true and correct under penalty of perjury; that all Business Owners shall be responsible for the conduct of the Business's Employees or Independent Therapists providing Massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this chapter may result in revocation of the Business's Massage Establishment certificate.
B.
Issuance. Upon complete provision by the Massage Establishment of the foregoing documentation, and approval thereof, the Reviewing Officer shall issue to the Massage Business a city Massage Establishment certificate, which shall be valid through December 31 of the second calendar year following issuance. Where any application or renewal is denied stemming from the revocation of an Establishment Certificate for
procedural violations of this chapter, pursuant to Section 20-49.120(A)(1), no reapplication will be accepted for a period of two (2) years. Where such denial or revocation stems from a gross violation of this chapter, pursuant to Section 20-49.120(A)(2), application or renewal will not be considered at any time. The Reviewing Officer may deny the issuance of an Establishment certificate if any of the required information is not true, complete, or correct, or if an Individual required to submit to a background check pursuant to subsection (A) (6) of this Section fails to pass such background check. City Massage Establishment certificates may not be issued to a Massage Business seeking to operate at a particular location if:
1.
Another Massage Business or Establishment is, or was, operating at that particular location and that Massage Business or Establishment is, or was, in the process of revocation for procedural violations pursuant to Sections 20-49.120(A)(1) and (E)(1), during the pendency of the revocation and one (1) year following revocation.
2.
Another Massage Business or Establishment is, or was, operating at that particular location and that Massage Business or Establishment is, or was, in the process of revocation for gross violations pursuant to Sections 20-49.120(A)(2) and (E)(2), during the pendency of the revocation and two (2) years following revocation.
C.
Amendment. A Massage Establishment shall apply to the city to amend its city Massage Establishment certificate within 10 days after any change in the Registration information, including, but not limited to, resignations, terminations, transfers (in or out), or hirings of Massage Therapists or Employees; or changes in the Business Owner's addresses and/or telephone numbers. All certifications and/or background check requirements as provided for in this chapter, and payment of all associated fees, shall be observed. D.
Renewal. A Massage Establishment shall apply to the city to renew its city Registration Certificate no sooner than 60 days prior to the expiration of said city Registration Certificate, and in no case will the renewal application be accepted if submitted after the expiration date. The purpose of the renewal process is to verify that no changes from the initial application and subsequent amendments have occurred; to post costs associated with annual inspections over the renewed Registration period; and to ensure that any outstanding fines or fees owing pursuant to this chapter are remitted. If an application for renewal of a city Registration Certificate and all required information is not timely received and the certificate expires, no right or privilege to provide Massage shall exist, until a new application is submitted to and approved by the Reviewing Officer.
E.
Fees. The Registration application, and any amendment to or renewal of an existing Massage Establishment certificate shall be accompanied by a fee, as established by City Council resolution. The provisions of this section shall not prevent the city from imposing supplemental inspection fees when multiple additional inspections are prescribed pursuant to Section 20-49.060, and for the background checks and fingerprinting fees for Business Owners and Employees of a Massage Business or Establishment who are not certified and who are subject to such background checks pursuant to this chapter. All City generated fees, including fees for appeal, are established by city council resolution.
(Ord. 2025-004, 3/18/2025)¶
General Operational Requirements. On or after 180 days from the effective date of this chapter, no person shall engage in, conduct, carry on, or permit any Massage within the city unless all of the following operational requirements are met:
A.
Establishment signage and on-site identification of personnel.
1.
All signage shall be in conformance with provisions of subsection (G)(2)(b)&(c) of this section and Chapter 2038 of this code. Neon/LED signage and the outlining of windows or architectural elements with neon tubing are specifically prohibited.
2.
Certification placards for every currently employed Massage Therapist shall be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area. Such placards must be original documents and shall not be laminated or altered in any way.
3.
Certification ID cards shall be kept in close proximity to every Massage Therapist's person at all times during their working hours and when engaged in providing Massage services. Such identification shall be immediately provided to any Reviewing Officer or any other person requesting it during business hours.
4.
Certificates of former Employees and/or Independent Therapists shall be removed immediately upon those Massage Therapists no longer being employed by or offering services through the Massage Establishment. 5.
A Massage Therapist shall operate only under their legal name as specified in their currently issued Certified Massage Establishment Certificate.
6.
A Massage Establishment shall operate only under the Business name specified in its Massage Establishment Certificate.
The city Massage Establishment Certificate and city Business Tax Certificate shall all be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area.
B.
Hours of operation.
1.
Massage shall only be provided between the hours of 7:00 a.m. and 8:00 p.m. daily. No Massage Establishment shall be open, and no Massage shall be provided between the hours of 8:00 p.m. and 7:00 a.m. The hours of operation of the Massage Establishment shall be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area and shall additionally be clearly and permanently posted in any front window so as to be visible to anyone outside of the Massage Establishment. Patrons and Visitors shall be permitted in treatment areas only during the hours of operation.
2.
A Massage commenced prior to 8:00 p.m. shall nevertheless terminate at 8:00 p.m., and, in the case of a Massage Establishment, all Patrons shall exit the treatment areas at that time.
3.
It is the obligation of the Massage Establishment to inform Patrons of the requirement that services must cease, and that the building must be completely vacated of all Patrons, by 8:30 p.m.
4.
During the hours of operation, except as otherwise provided herein, no Visitors shall be permitted in treatment areas, break rooms, dressing rooms, showers, or any other room or part of the Massage Establishment premises other than the bathrooms or Reception and Waiting Area.
5.
Other than actively working custodial, maintenance, or management staff, no persons shall be permitted within the premises of a Massage Establishment between the hours of 9:00 p.m. and 6:00 a.m., except in the event of an emergency where the Property Owner, Business Owner, or other Individuals need to be present. C.
Listing of services and costs.
1.
A comprehensive list of all services available and the cost of such services shall be clearly posted in the Reception and Waiting Area within the Massage Establishment and shall be described in readily understandable language.
2.
No Business Owner or Manager shall permit, and no Massage Therapist shall offer or perform, any services other than those specifically posted or listed as required herein.
No Business Owner, Manager, or Massage Therapist shall request or charge a fee for any service other than those on the list of services available and posted in the reception area of the Establishment. D.
Record keeping.
1.
For each Massage service provided, every Massage Establishment shall keep a complete and legible written record of the following information:
a.
The date and hour that the service was provided;
b.
The actual service or services provided;
c.
The name and contact information of the Individual receiving the service;
d.
The name or initials of the Employee entering the information; and
e.
The name and certification number of the Massage Therapist administering the service.
2.
Such records shall be open to inspection and copying by police officers or Reviewing Officers charged with enforcement of this chapter.
3.
These records shall not be used by any Business Owner, Manager, Massage Therapist, or any other Establishment Employee for any purpose other than as records of services provided and shall not be provided to other parties unless otherwise required by law.
4.
Such records shall be retained on the premises of the Massage Establishment for a period of three (3) years and shall be immediately available for inspection during business hours pursuant to section (2), above. E.
Clothing/Uniforming.
1.
All Massage Establishment Business Owners, Managers, Employees, and Massage Therapists shall wear clean, nontransparent outer garments.
2.
Said garments shall not expose, emphasize, or draw attention to the genitals, pubic areas, buttocks, chest, or undergarments, or be worn in a manner that constitutes a violation of Section 314 of the California Penal Code.
3.
Swim attire shall only be allowed to be worn by a Therapist in the course of providing an industry-approved, water-based massage modality.
F.
Hygiene. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all Massage Establishments located within the city:
1.
Massage Establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each Patron. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one Patron, unless they have first been laundered and disinfected by regular commercial laundering, or by a noncommercial laundering process acceptable to the Sonoma County Health Officer. Disposable towels and coverings shall not be used on more than one Patron. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
All bathrobes, bathing suits, and/or other garments that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be laundered after each use pursuant to subsection (F)(1) of this Section.
3.
All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be fully disinfected after each use in a manner acceptable to the Sonoma County Health Officer.
4.
Massage tables shall be waterproof by design, or covered in a waterproof material, and shall be cleaned and maintained between use by each Patron in a manner acceptable to the Sonoma County Health Officer.
5.
All walls, ceilings, floors, and other physical facilities for the Establishment shall be maintained in good repair and in a clean and sanitary condition.
6.
Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, pools and bathtubs shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with an appropriate disinfectant approved by the Sonoma County Health Officer. Bathtubs shall additionally be thoroughly cleaned after each use with a disinfectant approved by the Sonoma County Health Officer.
7.
Instruments utilized in performing Massage shall not be used on more than one Patron unless they have been sterilized, using approved sterilization methods approved by the Sonoma County Health Officer.
8.
A minimum of one wash sink for Employees shall be provided at all times. The sink shall be located within or as close as practicable to treatment areas. Hot and cold running water shall be provided at all times. Sanitary towels shall also be provided at each sink.
9.
Hand sanitizer dispensers shall be maintained in all treatment and reception areas.
10.
Adequate dressing and toilet facilities shall be provided for Patrons.
G.
Interior areas of the Massage Establishment.
1.
Generally.
a.
All Massage Establishments shall comply with all adopted building, safety, fire, property maintenance, and other code standards pursuant to Title 18 of this code;
b.
All Massage Establishments shall comply with all local, state, and federal laws and regulations for Patrons, Visitors, and Employees with accessibility needs;
c.
All interior doors, including to/from treatment areas or cubicles, but excluding to/from individual dressing rooms and bathrooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner treatment areas or cubicles;
d.
Except for a Patron who is inside a treatment area, no Patrons, Visitors, or Employees shall be permitted in or on the Massage Establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel;
e.
Any locker facilities that are provided for the use of Patrons shall be fully secured for the protection of the Patrons' valuables, and each Patron shall be given control of the key or other means of access;
f.
No Massage Establishment shall at any time have within its premises any sexual paraphernalia, including but not limited to sex toys; condoms, dental dams, internal condoms, and similar products; lubricants or personal care products which are specifically designed for sexual activities; bondage/restraint items; novelty items, such as costumes and games that are sexually based; pornographic materials of any kind; or other adult, sexually oriented objects or materials;
g.
Excepting Home Occupations or "Live/work" or "work/live" units that have received Administrative Adjustment approval pursuant to Section 20-49.090, no Massage Establishment shall allow any person to reside within the Establishment or in attached structures, trailers, recreational or passenger vehicles thereupon which are owned, leased, or controlled by the Massage Establishment.
2.
Reception and Waiting Areas.¶
a.
One (1) main entry door shall be provided for Patron entry to the Massage Establishment, which shall open directly into the interior Reception and Waiting Area of the Massage Establishment. Except during emergency egress situations, all Patrons, and any persons other than Individuals employed or retained by the Massage Establishment shall be required to enter and exit through the main entry door. The main entry door shall remain unlocked during business hours when the Establishment is open for business or when Patrons are present unless the Massage Establishment is a business entity owned by a sole proprietor and there is no additional staff available to assure security;
b.
No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, parking area or walkway (including interior common areas and hallways) shall, during business hours, block visibility into the interior Reception and Waiting Area through the use of curtains, closed blinds, tints, signage, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises;
c.
For the purpose of this subsection, there is an irrebuttable presumption that visibility is impermissibly blocked if more than 15 percent of the square footage of windows or more than 10 percent of the square footage of clear doors is covered so as to obstruct views of the interior Reception and Waiting Area. 3.
Treatment areas.
a.
Massage tables having a minimum height of eighteen (18) inches shall be used for all non-water-based modalities of Massage Therapy, with the exception of "Thai," "Shiatsu," and similar forms of Massage Therapy, which may be provided on a padded mat on the floor, provided the Patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment;
b.
Beds, floor mattresses, and waterbeds are not permitted on the premises of the Massage Establishment;
c.
During the designated hours of operation, Patrons shall be permitted in treatment areas only if at least one (1) duly authorized Certified Massage Therapist is present on the premises of the Massage Establishment. Patrons shall not be permitted in any Employee break room on the premises;
d.
During the designated hours of operation, Visitors shall not be permitted in treatment areas except as follows:
i.
The parents or guardian of a Patron who is a minor child may be present in the treatment area with that minor child;
ii.
The minor child of a Patron may be present in the treatment area with the Patron when necessary for the supervision of the child; or
iii.¶
The conservator, aide, or other caretaker of a Patron who is elderly or disabled may be present in the treatment area with that elderly or disabled person.
H.
Prohibited activities.
1.
No alcoholic beverages shall be sold, served, or furnished to any Patron; nor shall any alcoholic beverages be kept or possessed on the premises of a Massage Establishment unless a valid California Department of Alcoholic Beverage Control (ABC) license or exemption, and all required city approvals have first been obtained. No person shall be in possession of or using any drugs except pursuant to a prescription for such drugs. The Business Owner, Manager, or Massage Therapist shall not permit any such person violating these provisions to enter or remain upon such premises;
2.
No Massage Establishment shall operate as a School of Massage or use the same facilities as that of a School of Massage unless an Administrative Adjustment is granted pursuant to section 20-49.090(B) of this Chapter;
3.
No invasive procedures shall be performed on any Patron. Invasive procedures include, but are not limited to:
a.
Application of electricity that contracts the muscle;
b.
Penetration of the skin by metal needles;
c.
Abrasion of the skin below the nonliving, epidermal layers;
d.
Removal of skin by means of any razor-edged instrument or other device or tool;
e.
Use of any needle-like instrument for the purpose of extracting skin blemishes; or f.
Other similar procedures;
4.
No Massage Establishment shall place, publish, advertise, or distribute any sexually suggestive content relating to Massage services, or cause the same to occur, including but not limited to advertising that depicts any portion of the human body that reasonably suggests to prospective Patrons that any service is available other than those services listed as an available service pursuant to subsection (C) of this section and the provisions of this chapter. All advertising shall list the name and Registration number of the Establishment listed on the Registration Certification application, or, if a sole proprietor or Independent Therapist, the name under which the Therapist is certified as well as the Therapist's certification number;
5.
No Massage service shall be given unless the Patron's genitals are, at all times, fully covered. A Massage Therapist shall not, in the course of administering any Massage, make physical contact with the genitals, or anus, of any other person regardless of whether the contact is over or under the person's clothing. Providing Massage of female breasts without the written consent of the person receiving the Massage and a referral from a licensed California health care provider is prohibited.
(Ord. 2025-004, 3/18/2025)
The investigating and enforcing officials of the city, including, but not limited to, police officers; Reviewing Officers; and the county health department, shall have the right to enter the premises, unannounced, from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health and safety regulations; other applicable regulations, laws, and statutes; and the provisions of this chapter.
(Ord. 2025-004, 3/18/2025)
A.
The Business Owner, Manager, or sole proprietor of a Massage Establishment shall notify the Reviewing Officer, or their designee, of any changes requiring amendment of the Massage Establishment permit as described in Section 20-49.040(C), pursuant to the timelines specified therein;
B.
Additionally, the Business Owner, Manager, or sole proprietor of a Massage Establishment shall report to the Reviewing Officer any of the following within 72 hours of occurrence:
1.
Arrests of any Business Owner, Manager, sole proprietor, Massage Therapist, or Independent Therapist for any offense other than a misdemeanor traffic offense;
2.
Any event involving the Massage Establishment, or any Business Owner, Manager, sole proprietor, Massage Therapist, or Independent Therapist employed therein, that constitutes a violation of this chapter or state or federal law;
C.
This provision requires reporting to the Reviewing Officer even if the Business Owner, Manager, or sole proprietor of a Massage Establishment believes that the Reviewing Officer has or will receive the information from another source.
(Ord. 2025-004, 3/18/2025)
No Certified Massage Establishment shall advertise or operate under any name or conduct any Massage Establishment use under any designation or at any location not specified on the approved city Massage Establishment certificate.
(Ord. 2025-004, 3/18/2025)
The provisions of this chapter shall not apply to the following, as provided for below:
A.
Exempted classes of Individuals or businesses while engaged in the performance of their official duties: 1.
Physicians, surgeons, chiropractors, osteopaths, podiatrists, nurses, physical therapists, acupuncturists, or any other person duly licensed to practice any healing art in the state of California pursuant to Business and Professions Code, Division 2 (commencing with Section 500) or the Chiropractic Act, and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering Massage services subject to review or oversight by the licensed person;
2.
Barbers, estheticians and beauticians who are duly licensed under the laws of the state of California pursuant to Business and Professions Code, Division 3, Chapter 10 while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands and/or feet of the Patrons;
3.
Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the state of California, and Employees of those licensed institutions, while acting within the scope of their employment; 4.
Accredited high schools, junior colleges, colleges, or universities whose coaches, trainers and/or students of Massage are acting within the scope of their employment or training;
5.
Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event;
6.
Individuals administering Massages or health treatment involving Massage to persons participating in singleoccurrence athletic, recreational, or festival events, such as health fairs, farmer's markets, county fairs, road races, track meets, triathlons, and other similar events; provided, that all of the following conditions are satisfied:
a.
The Massage services are made equally available to all participants in the event;
b.
The event is open to participation by the general public or a significant segment of the public such as Employees of sponsoring or participating corporations;
c.
The Massage services are provided at the site of the event and either during, immediately preceding or immediately following the event; and
d.
The sponsors of the event have been advised of and have approved the provisions of Massage services. B.
Classes of Massage Businesses which are engaged in Massage services as only a minor or incidental component of a larger use, such as may be found in the operation of Spas; Fitness Centers and Gyms; Hotel/Motel; Salons and Barber Shops; Yoga Studios; Schools of Massage; and substantially similar uses as
determined by the Director or designee, may seek an Administrative Adjustment to obtain relief from certain Registration, Certification and Operational Standards contained in this Chapter.
1.
A request for Administrative Adjustment will be made to the Director of Planning and Economic Development or their designee.
2.
Such request will be accompanied by supporting documentation that the Massage component use is minor and incidental to the scope of the overall business.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services as a minor or incidental component of a larger use, thereby providing a Massage Business relief from some or all of the specific Registration, Certification and Operational Requirements provisions contained in Sections 20-49.040(A)(6,7); 20-49.050(B) (5); 20-49.050(C)(1); and 20-49.050(G)(2). If a finding for denial is made by the Director of Planning and Economic Development, or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(B)(3) above. 5.
The findings of the Director of Planning and Economic Development or their designee shall be considered final unless appealed to the Planning Commission in the manner provided for in Section 20-62.030. C.
Massage Businesses or Massage Therapists engaged in Mobile Massage services, whether as a minor or incidental component of a larger use or as a sole proprietor operating as a (exempt) Home Occupation pursuant to Section 20-42.070(C)(1) and (2), may seek an Administrative Adjustment to deviate from certain Registration, Certification, Operational and Inspection Standards contained in this Chapter.
1.
An Administrative Adjustment request for Mobile Massage will be made to the Director of Planning and Economic Development or their designee.
2.
Such request will be accompanied by supporting documentation that the Mobile Massage use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in Section 2049.090(C)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Mobile Massage services, thereby providing a Massage Business relief from some or all of the specific Registration, Certification, Operational and Inspection Requirements provisions contained in Sections 20-49.040(A)(3,4,5); 20-49.050(A)(1,2,4,7);20- 49.050(B)(5); 20-49.050(C)(1); 20-49.050(G); and 20-49.060. If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
Notwithstanding the relief provided from Section 20-49.040(A)(3), a Mobile Massage use will apply for and maintain a City business tax certificate.
Notwithstanding the relief provided from Section 20-49.050(C)(1), a Mobile Massage use will maintain a comprehensive list of all services available and the cost of such services, described in readily understandable language. No services other than those specifically listed shall be performed, and no fee shall be charged for any service other than those listed.
6.
A Mobile Massage use will demonstrate how, to the greatest extent practicable, they will comply with the hygiene provisions of Section 20-49.050(F).
7.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(C)(3) above.
8.
The findings of the Director of Planning and Economic Development or their designee shall be considered final unless appealed to the Planning Commission in the manner provided for in Section 20-62.030. D.
Massage Businesses or Massage Therapists wishing to operate as a (non-exempt) Home Occupation pursuant to Section 20-42.070(C)(3) may seek an Administrative Adjustment to deviate from certain Operational Standards contained in this Chapter.
1.
Minor Conditional Use Permit approval shall be obtained prior to consideration of an Administrative Adjustment. If approved, the use will be subject to additional standards, including but not limited to those contained in Section 20-42.070(D).
2.
An Administrative Adjustment request to operate a Massage Business as a Home Occupation will be made to the Director of Planning and Economic Development or their designee. Such request will be accompanied by supporting documentation that the use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in section 20- 49.090(D)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services as a Home Occupation, thereby providing a Massage Business relief from some or all of the specific Operational Requirements provisions contained in Sections 20-49.050(A)(1); 20-49.050(B)(5); and 20-49.050(G)(2). If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(D)(3) above. 5.
The findings of the Director of Planning and Economic Development or their designee shall be considered final unless appealed to the Planning Commission in the manner provided for in Section 20-62.030. E.
Massage Businesses or Massage Therapists wishing to operate from a "live/work" or "work/live" unit pursuant to Section 20-42.080 may seek an Administrative Adjustment to deviate from certain Operational Standards contained in this Chapter.
A Zoning Clearance, or Minor Use Permit as may be required pursuant to Sections 20-22.030, 20-23.030, 20-24.030, 20-28.090(D)(2)(b) and 20-42.080 shall be obtained prior to consideration of an Administrative Adjustment. If approved, the use will be subject to additional standards, including but not limited to those contained in Section 20-42.080.
2.
An Administrative Adjustment request to operate a Massage Business from a "live/work" or "work/live" unit will be made to the Director of Planning and Economic Development or their designee. Such request will be accompanied by supporting documentation that the use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in section 20-49.090(E)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services from a "live/work" or "work/live" unit, thereby providing a Massage Business relief from some or all of the specific Operational Requirements provisions contained in Sections 20-49.050(B)(5) and 20-49.050(G)(2)(a). If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(E)(3) above. 5.
The findings of the Director of Planning and Economic Development or their designee shall be considered final unless appealed to the Planning Commission in the manner provided for in Section 20-62.030. (Ord. 2025-004, 3/18/2025)
A.
Unless otherwise exempted by the provisions of this chapter, every Employee, Business Owner, Property Owner, Manager, Massage Therapist, Independent Therapist or other person who gives Massages or conducts a Massage Establishment in violation of this chapter; Certifying Body regulations; the most current version of the Massage Therapy Act; or any other applicable federal, state, county, or local law, shall be charged with a misdemeanor. The city attorney or their designee may reduce the penalty to an infraction;
B.
Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or
proceedings in the Superior Court of Sonoma County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorneys' fees and costs;
C.
Mobile Massage and Home-Based services are specifically prohibited unless an Administrative Adjustment has been previously approved pursuant to Section 20-49.090 of this Chapter. Any Individual conducting Mobile Massage or Home-Based services without first receiving Administrative Adjustment approval shall be charged with a misdemeanor.
D.
All remedies provided for in this chapter are cumulative and may be pursued individually or in combination with other enforcement tools.
(Ord. 2025-004, 3/18/2025)
A.
It shall be unlawful and a public nuisance for any Employee, Business Owner, Property Owner, Manager, Massage Therapist, Independent Therapist, or other person to violate any provision of, or to fail to comply with, any requirement of this chapter, or of any other applicable local, County, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to those outlined in Chapters 1-28 and 1-30 of this Code. Enforcement as described herein may be in addition to, and cumulative of, all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Massage Establishment certificate;
B.
Violations. Upon a finding by the Reviewing Officer that an Establishment has violated any provision of this chapter, the officer may issue an administrative citation and assess administrative fines pursuant to, but in no case exceeding, the maximum fine amounts established pursuant to California Government Code Section 36900 et seq, or subsequent amendments thereof;
C.
Separate violations. Each individual violation of any provision of this chapter may constitute a separate violation. Each Patron to whom Massage is provided or offered in violation of this chapter shall constitute a separate violation. Each day upon which a Massage Establishment remains open for business in violation of this chapter may also constitute a separate violation;
D.
Outstanding fines or fees. All outstanding fines or fees resulting from administrative citations or supplemental inspections conducted pursuant to sections 20-49.040(E) and 20-49.060 of this chapter shall be remitted prior to the issuance or renewal of any Registration;
E.
Order to cease and desist. Upon a finding of gross violation occurring upon or within an Establishment pursuant to section 20-49.120(A)(2), the Reviewing Officer shall issue an order to the Establishment to cease and desist from all operation pending review, appeal, and/or revocation. A failure of any Business Owner, Manager, or sole proprietor to comply with this order shall be deemed a misdemeanor.
F.
Appeals. Appeals of administrative citations may be made pursuant to the appeal procedures in Chapter 1- 30.
(Ord. 2025-004, 3/18/2025)
A.
Findings. City Massage Establishment Certificates may be revoked upon a finding that procedural or gross violations have occurred upon or relative to the premises of a Massage Establishment, or have been
committed by any Employee, Business Owner, Manager, Massage Therapist, Independent Therapist, NonTherapist Employee, or other person in the following manners:
Procedural violations. Within any consecutive two (2) year period, there have been three (3) or more instances of any combination of the following procedural violations being found to occur:
a.
An actively performing Massage Therapist not in possession of, or no longer in possession of, a current and valid Massage Therapist Certificate issued by an accepted Certifying Body;
b.
An active Massage Establishment not in possession of, or no longer in possession of, a current and valid Massage Establishment Certificate issued by the city;
c.
A Massage Establishment not in possession of, or no longer in possession of, as applicable, any required city Business tax certificate, Business improvement area tax certificate, zoning clearance, construction permit for prior or current tenant improvements, or other required city approvals;
d.
The city determines that a factual misrepresentation was included on the application for a registration or renewal of a Massage Establishment Certificate;
e.
Violation of any operational requirement pursuant to section 20- 49.050, excepting subsections (E)(1)&(2); (G) (1)(f); and (H)(1),(4)&(5);
f.
Failure to allow any inspection pursuant to section 20-49.060;
g.
Violation of any federal, state, or local law, including any provision of this chapter that is not otherwise referenced in this section.
2.
Gross violations. Within any period of time, there is a single (1) instance of any of the following gross violations occurring:
a.
A violation by any Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee or other person within a Massage Establishment of California Business and Professions Code Section 4609;
b.
Any violation by any Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee, or other person within a Massage Establishment of section 20-49.050(E) (1)&(2); (G)(1)(f); or (H)(1),(4)&(5);
c.
An Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, NonTherapist Employee, or other person being required to register under the provisions of California Penal Code Section 290 (sex offender registration);
d.
A Business Owner, Manager, or sole proprietor convicted of California Penal Code Sections 236.1(a) (Human Trafficking - Labor Trafficking); 236.1(b) (Human Trafficking - Sex Trafficking); 236.1(c) (Human Trafficking of a minor); 266h (pimping); 266i (pandering); 315 (keeping or residing in a house of ill-fame); 316 (keeping
disorderly house); 318 (prevailing upon person to visit a place for prostitution); 647(b) (engaging in or soliciting prostitution); or 653.23 (supervision of prostitute);
e.
A Business Owner, Manager, or sole proprietor having a Massage- related Business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state in response to a finding of any violation by such jurisdiction that is equivalent in severity to subsection (d) above; f.
A Business Owner, Manager, or sole proprietor subject to an injunction for nuisance pursuant to California Penal Code Sections 11225 through 11235 (red light abatement); California Health and Safety Code Section
11570 et seq. (Drug Abatement Act); or California Civ. Code 3480 (Public Nuisance);¶
g.
An Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, NonTherapist Employee or other person being convicted of a felony offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or any crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
h.
A Business Owner, Manager, or sole proprietor being convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision; or
i.
Any current disciplinary action by an accepted Certifying Body (not including nonpayment or insufficient education).
3.
Gross violations - multiple Establishments owned by same Business Owner. Upon any finding of gross violation at one of multiple Massage Establishments owned by the same Business Owner, comprehensive inspections of all of the additional Massage Establishments shall immediately be performed, with multiple inspections conducted when deemed necessary, pursuant to Section 20-49.060.
B.
Procedures. When notices of violation or administrative citations are issued upon findings that procedural or gross violations have occurred as provided by this section, and revocation of a Massage Establishment Certification and/or an Administrative Adjustment is indicated, the revocation procedure will be initiated in the manner prescribed by Section 20-54.100.
C.
Effective Date of Revocation. Revocation issued pursuant to subsection (B) of this section will be effective immediately upon the issuance of the order, unless an appeal is filed in accordance with subsection (D) of this section;
D.
Appeal. Appeals will be administered in accordance with Chapter 20-62 of this code;
E.
Reapplication. A Massage Establishment which has been subject to revocation proceedings may reapply for a Massage Establishment Registration Certificate as follows:
1.
Where revocation was the result of Procedural violations, reapplication by the Establishment will be considered two (2) years after the original certificate was revoked;
2.
Where revocation was the result of gross violations, reapplication by the Establishment will not be considered at any time, and an application for a different or new Establishment shall not be considered upon the same property for two (2) years.
(Ord. 2025-004, 3/18/2025)
follows.¶
A.
Completeness review. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the Department handout listing required application contents.
1.
Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, must be provided.
2.
Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 20-62 (Appeals).
3.
Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which
the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4.
4.
Expiration of application.
a.
If an applicant fails to provide the additional information specified in the Director's letter within 120 days following the date of the letter and has not requested an extension of time, the application shall expire and be deemed withdrawn.
b.
The Director may grant one extension of up to 90 days.
c.
After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
5.
Zoning Code violations on the site.
a.
The Director shall not find an application complete, and shall not process the application any further if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the project proposed in the application includes the correction of the violations.
b.
The Director's authority under this Subsection shall apply whether:
(1)
The current applicant was the owner of the site at the time the violation(s) occurred; or
(2)
The applicant is the current owner of the site with or without actual or constructive knowledge of the violation(s) at the time of acquisition of the site.
B.
Environmental information.
1.
Request for additional information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 20-50.090 (Environmental Assessment), below.
2.
Submitted within 120 days. The submittal of the required additional information shall occur within 120 days from the date of the Director's letter notifying the applicant that additional information is required.
3.
Failure to submit. Failure of the applicant to submit the additional information within the 120-day period identified in Subsection B.2, above, or as that period may be extended in compliance with Subsection B.4, below, will result in the Director scheduling the application for review and decision by the review authority with a recommendation for project disapproval.
4.
Allowable extensions. The Director may grant one extension of up to 90 days; the review authority may grant additional extensions of time as it deems appropriate.
C.
Referral. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
D.
Withdrawal of application. An applicant may withdraw an application at any time. The written request for withdrawal shall be filed with the Department.
(Ord. 3677 § 1, 2004)
A.
Review under CEQA. After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 (Environmental Protection) of the City Code.
B.
Level of environmental assessment. The City shall evaluate the proposed project to determine the level of environmental assessment which would be required under CEQA.
1.
If the project requires a Negative Declaration or Mitigated Negative Declaration, that work shall be conducted by the City staff as part of its Initial Study of the application.
2.
The requirement for an Environmental Impact Report may necessitate the employment of an independent and qualified consultant under the direction of the City staff with costs to be borne by the applicant. (Ord. 3677 § 1, 2004)
When this Zoning Code or the Director require that a visual analysis be submitted to the City with a project application, the visual analysis shall be prepared in compliance with this Section. A.
Purpose. The purpose of a visual analysis is to assist the City staff, the review authority, and interested citizens in understanding how a proposed structure and related site alteration will appear in the context of the site and surrounding properties and development.
B.
Content. A visual analysis shall consist of one or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers, viewing the project from public rights-of-way and other public areas near the site.
C.
Form. The three-dimensional visual depictions provided in a required visual analysis may take the form of one or more:
1.
Rendered perspectives;
2.
Photo-montages;
3.
Computer generated simulations; or
4.
Any other technique acceptable to the Director that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete. D.
Specific project requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Director in each case. Written analysis and/or design in addition to illustrations may also be required when determined by the Director to be necessary to clearly understand the potential visual impacts of the project. (Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005)
Public notice and hearing.¶
1.
Major Design Review—Public notice and hearing required. The Board shall conduct a public hearing on an application for Design Review before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or disapprove a Design Review application based on the findings required by subsection I (Findings and decision), below.
2.
Minor Design Review—Public notice required. Before a decision on a Minor Design Review, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Design Review application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b.
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
3.
Streamlined Design Review—Public notice and hearing required. The Zoning Administrator shall conduct a public hearing on an application for Streamlined Design Review before a decision on the application.
a.
The Chairperson of the Design Review Board or their designee from the Design Review Board shall be present for the Public Hearing to comment on applicant responses to the direction provided by the Design Review Board during Concept Review.
b.
Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or deny a Design Review application based on the findings required by subsection I (Findings and decision), below.
I.
Findings and decision. Design Review approval shall require that the review authority first find all of the following:
1.
The design and layout of the proposed development is of superior quality, and is consistent with the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans);
2.
The design is appropriate for the use and location of the proposed development and achieves the goals, review criteria and findings for approval as set forth in the framework of Design Review (Design Guidelines, Introduction, subsection C);
3.
The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments;
4.
The architectural design of the proposed development is compatible with the character of the surrounding neighborhood;
5.
The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors through the appropriate use of materials, texture, and color, and would remain aesthetically appealing and be appropriately maintained;
6.
The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and
7.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). J.
Time limit on approval. Design Review approvals shall be granted for the same period of time as other discretionary permit approvals, but in no case for more than a 24-month period.
1.
If construction in compliance with the Design Review approval has not been commenced within the approval period, the approval shall expire and be deemed automatically void.
2.
Upon request of the applicant, an extension of time may be granted by the same review authority which originally granted the Design Review approval.
3.
The extension shall not exceed 24 additional months.
K.
Modifications. Upon request of the applicant, the applicable review authority may authorize modifications of any application previously approved by the review authority in compliance with Section 20-54.060 (Changes to an Approved Project).
L.
Installation of landscaping and irrigation.
1.
Before issuance of a Building Permit for the subject project, final landscape and irrigation plans, where required, shall be approved by the Director as being consistent with the Final Design Review decision on the project.
2.
The landscape materials and irrigation equipment shown in the approved final landscape and irrigation plans shall be installed before final building inspection except where the Director has approved an extension of time for completion and has obtained from the applicant an agreement and adequate security, in compliance with Section 20-54.040 (Performance Guarantees).
M.
Conditions of approval. In granting Design Review approval, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the project would comply with the findings required by Subsection I (Findings and decision), above.
N.
Post approval procedures. The procedures relating to appeals, project changes, issuance of a Building Permit, performance guarantees, and revocation in Division 6 (Zoning Code Administration), and those in
Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following Design Review approval."
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3933 § 2, 2010; Ord. 3968 § 17, 2011; Ord. 3995 §§ 11, 12, 2012; Ord. 4026 § 4, 2014; Ord. 2019-003 § 4; Ord. 2020-014 § 30; Ord. 2021-012 § 39; Ord. 2024012, 11/19/2024; Ord. 2025-003, 2/25/2025; Ord. 2025-014, 11/18/2025)
A.
Purpose. This section establishes procedures for the granting of ministerial Temporary Use Permits for shortterm activities.
B.
Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection D (Allowed temporary activities), below that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. Temporary Use Permits are not subject to Design Review in compliance with Section 20-52.030.
C.
Exempt temporary activities. The following allowed temporary activities are exempt from the requirement for a Temporary Use Permit. Activities that do not fall within the categories defined below shall comply with Subsection D (Allowed temporary activities).
1.
Construction yards—On-site. On-site contractors' storage yards of less than one acre, including a work trailer, in conjunction with an approved construction project. The contractor's storage yard shall be removed within 30 days of completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.
2.
Emergency facilities. Emergency public health and safety needs/activities, as determined by the Council. 3.
Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as approved by the Director of Transportation and Parking.
4.
Garage sales. The sale of personal goods which are owned by the household residing on a residentially zoned property for up to three consecutive days and three times within a 12-month period.
5.
Public property. Activities conducted on public property that are approved by the Council.
D.
Allowed temporary activities. The following temporary activities and structures may be allowed within the specified time limits, but in no case for more than 12 months, subject to the issuance of a Temporary Use Permit by the Director. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.
1.
Car washes. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.
2.
Construction yards—Off-site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
3.
Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets for up to 21 consecutive days, or 36 weekend days, within a 12-month period, when conducted on non-residential properties.
4.
Outdoor displays and sales. The temporary outdoor display and sales of merchandise, in compliance with Section 20-42.110 (Outdoor Display and Sales) when conducted on non-residential properties.
5.
Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for up to 30 days and four times within a 12-month period.
6.
Temporary auto sales. The temporary outdoor sales of motorized vehicles may occur on any paved site within a CG, CV or CSC zone for a period of three consecutive days every three months not to exceed 36 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale.
7.
Temporary parking lots. Temporary, unpaved parking facilities are allowed subject to the following conditions:
a.
The temporary parking facility must be located on the same parcel or contiguous parcel as the principal use, and have access only through the principal use.
b.
The temporary parking facility may be located on a noncontiguous parcel when it serves certain public, semipublic, or educational land uses.
c.
The Temporary Use Permit may be granted for an initial period not to exceed three years with a possible oneyear extension.
d.
In reviewing the Temporary Use Permit, the review authority may attach conditions for fencing, drainage, dust control and other items as necessary to assure compatibility with surrounding uses and minimize potential adverse effects.
8.
Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.
9.
Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.
10.
Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business:
a.
During construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit, whichever first occurs; or
b.
Upon demonstration by the applicant that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained.
11.
Similar temporary activities. Similar temporary activities that the Director determines are compatible with the zoning district and surrounding land uses.
12.
Temporary uses and structures allowed under Chapter 20-35, Resilient City Standards. Temporary Housing and Temporary Storage are allowed uses and must follow standards and requirements listed in Chapter 2035.
E.
Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the
information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings and decision), below.
F.
Development criteria. The Director shall consider the following criteria based on the type and duration of the proposed temporary activity, using the requirements of the applicable zoning district and Division 3 (Site Planning and General Development Standards) for guidance:
1.
Floor areas, heights, landscaping, off-street parking, setbacks, signs, and other structure and property development features;
2.
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code; and
3.
Limitation on the duration of approved "temporary structures," to a maximum of 12 months, so that they shall not become permanent or long-term structures. G.
Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore the establishment,
maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. H.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration) shall apply following the approval of a Temporary Use Permit application.
1.
Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall
thereafter be used in compliance with the provisions of this Zoning Code. A performance security in a form and amount acceptable to the Director may be required before initiation of the activity to ensure cleanup after the activity is finished.
2.
Performance security for temporary structures. Before issuance of a Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.
3.
Extensions of Temporary Use Permits prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Subsection D (Allowed temporary activities) shall file for a Minor or Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section 20-52.050.
4.
Required lapse of time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit the for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs."
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3848 § 1, 2007; Ord. 2024-012, 11/19/2024) A.
Purpose. Conditional Use Permits and Minor Conditional Use Permits provide a process for reviewing land use activities that may be desirable in the applicable zoning district, but whose effect on the site and
surroundings cannot be determined before being proposed for a particular location.
B.
Applicability.
1.
When required. A Conditional Use Permit or Minor Conditional Use Permit is required to authorize proposed land uses identified by Division 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit or Minor Conditional Use Permit.
2.
Scope of review. The review of a Conditional Use Permit or Minor Conditional Use Permit application shall include all other land use activities occurring on the subject parcel.
C.
Review authority.
1.
Conditional Use Permits. The Commission may approve, conditionally approve, or deny an application for a Conditional Use Permit.
2.
Minor Conditional Use Permits. The Zoning Administrator may approve, conditionally approve, or deny an application for a Minor Conditional Use Permit.
D.
Application requirements. An application for a Conditional Use Permit or Minor Conditional Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Conditional Use Permit or Minor
Conditional Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings and decision), below.
E.
Project notice and hearing.
1.
Conditional Use Permits—Public notice and hearing required. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Conditional Use Permits—Public notice required. Before a decision on a Minor Conditional Use Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Conditional Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b.
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
F.
Findings and decision. The review authority may approve or deny an application for Conditional Use Permit or Minor Conditional Use Permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Conditional Use Permit or Minor Conditional Use Permit only after first finding all of the following:
1.
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the City Code;
2.
The proposed use is consistent with the General Plan and any applicable specific plan;
3.
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;
4.
The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;
5.
Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and
6.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). G.
Issuance and duration.
Issuance of the permit. Upon the approval of an application, the review authority shall authorize the issuance of a Conditional Use Permit or Minor Conditional Use Permit, with or without conditions, and one copy of which shall be forwarded to:
a.
The applicant;
b.
The Building Official;
c.
Any other department or agency the Zoning Administrator considers affected by the issuance of the permit; and
d.
The Department files for permanent retention.
2.
Duration. Conditional Use Permits and Minor Conditional Use Permits shall be in effect for the duration of the use, or for a time periods specified in the conditions of approval, or until the time a revocation of the permit is effectuated.
H.
Conditions of approval. In approving a Conditional Use Permit or Minor Conditional Use Permit, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) deemed reasonable and necessary to ensure that the approval would comply with the findings required by Subsection G (Findings and decision), above. I.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit or Minor Conditional Use Permit application.
(Ord. 3677 § 1, 2004)
A.
Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. B.
Intent. The intent of the Section is to allow relief, in certain situations, from the strict application of the regulations identified within this Zoning Code only by reason of:
1.
The exceptional narrowness, shallowness, or the unusual shape of a structure or parcel of property; 2.
The exceptional topographic conditions or other extraordinary situation of the structure or parcel; or 3.
The lawful use or development of property immediately adjoining the parcel in question. C.
Applicability.
Allowable Minor Adjustments.¶
a.
Minor Adjustments provide a simplified procedure for City review and decision on requests that propose only a very minor modification of applicable Zoning Code standards, and only when pertaining to existing structures and not the construction of new structures. The Minor Adjustments are subject to the special findings identified in Subsection G (Findings and decision), below.
b.
An application for a Minor Adjustment shall be considered by the Director governing only the development standards identified in the following Table 5-3.
| TABLE 5-3—SCOPE OF MINOR ADJUSTMENTS | |
|---|---|
| Types of Minor Adjustments Allowed | Maximum Adjustment |
| **1. Parking.**A decrease in the required number and design of parking aisles and spaces. |
25 percent |
| **2. Projections.**An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area. |
25 percent |
| **3. Setback areas.**A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. |
25 percent |
| 4. Structure height. An increase in the maximum allowable structure height. | 10 percent |
2.
Allowable Minor Variances.
a.
Minor Variances provide a simplified procedure for City review and decision on Variance requests that propose only a minor modification of applicable Zoning Code standards when the limitations established by the Minor Variance are otherwise subject to the same findings required for all Variances. (See Subsection G.)
b.
An application for a Minor Variance shall be considered by the Zoning Administrator governing only the development standards identified in the following Table, 5-4.
| TABLE 5-4—SCOPE OF MINOR VARIANCES | |
|---|---|
| Types of Minor Variances Allowed | Maximum Adjustment |
| **1. Projections.**An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the Uniform Building Code. |
25 percent |
| **2. Setback areas.**A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. |
25 percent |
| **3. Structure height.**An increase in the maximum allowable structure height. | 10 percent |
TABLE 5-4—SCOPE OF MINOR VARIANCES
Types of Minor Variances Allowed
Maximum Adjustment
4. Required Variance. A request which exceeds the limitations identified in this subsection shall require the filing of a Variance application in compliance with Subsection 3 (Allowable Sign Variances), below.
3.
Allowable Sign Variances. Sign Variances are intended to provide greater flexibility in the application of sign regulations to address varied needs and unusual circumstances of certain commercial uses and businesses in the City. A Sign Variance is similar to a Variance, except that a Sign Variance has different findings as shown in the Zoning Code.
a.
Sign Variances provide a procedure for City review and decision on Sign Variance requests that propose an alternative to applicable Zoning Code standards.
b.
An application for a Sign Variance shall be considered by the Zoning Administrator and govern only the development standards identified in Chapter 20-38.
4.
Allowable Variances. The Commission may grant an adjustment from the requirements of this Zoning Code governing only the following development standards:
a.
Development standards. Any development standard identified in Subsection C.1 (Minor Variances), above where the requested adjustment exceeds the maximum limits for a Minor Variance;
b.
Dimensional standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;
c.
Numerical standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;
d.
Other. Other standards including operational or performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
5.
Allowable Administrative Adjustments. Administrative Adjustments may be considered for certain classes of Massage Related Uses, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E). Administrative Adjustments are discretionary actions and not subject to the Project notice and hearing requirements of Section 20-52.060(F).
D.
Review authority. Minor Adjustments, Minor Variances, Sign Variances and Variances may be granted, with or without conditions, only in compliance with the following:
1.
Minor Adjustments. The Director may grant Minor Adjustments, or may defer action and refer the application to the Commission, in compliance with Subsection C.1 (Allowable Minor Adjustments), above; 2.
Minor Variances. The Zoning Administrator may grant Minor Variances, or may defer action and refer the application to the Commission, in compliance with Subsection C.2 (Allowable Minor Variances), above;
Sign Variances. The Zoning Administrator may grant Sign Variances, or may defer action and refer the application to the Design Review and Preservation Board, in compliance with Subsection C.3 (Allowable Sign Variances), above; and
4.
Variances. The Commission may grant Variances in compliance with Subsection C.3 (Allowable Variances), above.
5.
Administrative Adjustments. The Director may grant or deny Administrative Adjustments or may defer action and refer the application to the Commission, in compliance with Subsection 20-52.060(C)(5) (Allowable Administrative Adjustments), above.
E.
Application requirements. An application for a Minor Adjustment, Minor Variance, Sign Variance and Variance shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the applicable findings required by Subsection G (Findings and decision), below.
F.
Project notice and hearing.
1.
Major Variance. A public hearing shall be scheduled once the Director has determined the Variance application complete. The Planning Commission shall conduct a public hearing on an application for a Variance before the approval or denial of the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Variance and/or Sign Variance. Public notice required. Before a decision on a Minor Variance and/or Sign Variance, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Variance and/or Sign Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b.
Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 20-66, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter 20-66.
G.
Findings and decision.
1.
Special findings for Minor Adjustments. The review authority may approve a Minor Adjustment, with or without conditions, only after first making all of the following findings.
a.
The Minor Adjustment is necessary because the subject structure was legal when it was originally constructed, but changes in this Zoning Code or the applicable zoning district development standards caused the structure to become legal nonconforming.
b.
Granting the Minor Adjustment for the subject structure would not pose a serious hazard to the public health or safety of persons residing on or adjacent to the subject parcel.
c.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
2.
Findings for Sign Variances. The Review authority may approve a Sign Variance, with or without conditions, only after making all of the following findings.
a.
Strict compliance would preclude an effective design solution improving sign functionality, operational efficiency or appearance.
b.
Strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulations.
c.
The variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations.
d.
The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site, and adjacent sites and is compatible with the character of the established neighborhood and general environment.
e.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
3.
Findings for Minor Variances and Variances. The review authority may approve a Minor Variance or Variance, with or without conditions, only after first making all of the following findings.
a.
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable development standards.
b.
A non-self created hardship peculiar to the subject property does exist by reason of the conditions, and that these conditions are not common to all or most of the properties in the immediate area which are also within the identical zoning district. In this context, personal, family, or financial difficulties, loss of prospective profits, and existing zoning violations, or legal nonconforming uses or structures existing on neighboring properties shall not be deemed hardships justifying a Variance.
c.
Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity which are within the identical zoning district as the subject property, and that a Variance, if granted, would not constitute a special privilege to the subject property which is not held or enjoyed by neighboring properties within the identical zoning district. d.
The Variance would not be of substantial detriment to adjacent properties and would not be in conflict with the purposes and intent of this Zoning Code, the General Plan, any applicable specific plan, or the public interest or welfare.
e.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
4.
Findings for Administrative Adjustments. The review authority may approve an Administrative Adjustment for a Massage Related Use, with or without conditions, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E), only after first making the following findings.
a.
Unique Circumstances: There are unique circumstances applicable to the business, property and/or associated structure, so that the strict application of this Zoning Code denies the business owner privileges enjoyed by other similar uses in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable operational standards;
b.
Compatibility and Neighborhood Character: The proposed massage use is compatible with the existing character of the neighborhood;
c.
No Detriment to Public Welfare: The proposed massage use will not be detrimental to the public health, safety, or welfare.
H.
Precedent. The granting of a prior Variance shall not set a precedent for the granting of a further Variance, and each application shall be considered only on its individual merits.
I.
Recurrent conditions. A Variance shall not be granted if the review authority finds that the condition of the specific piece of property for which a Variance is sought, is so general or recurrent in the area as to make practicable the formulation anFindings for Administrative Adjustments. The review authority may approve an Administrative Adjustment for a Massage Related Use, with or without conditions, subject to the specific provisions and requirements of Sections 20-49.040(B), (C), (D), or (E), only after first making the following findings.d adoption of a general regulation (e.g., a Zoning Code amendment) to address and provide for the prevailing condition.
J.
Conditions of approval. In approving a Minor Adjustment, Minor Variance, or Variance, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, performance guarantees, screening, etc.) deemed reasonable and necessary to ensure that the approval would comply with the applicable findings required by Subsection G (Findings and decision), above and that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
K.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Variance application.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 3, 2014; Ord. 2025-003, 2/25/2025; Ord. 2025-004, 3/18/2025)
(Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024)¶
A permit or approval (e.g., Conditional Use Permit, Temporary Use Permit, Variance, etc.) granted in compliance with this Zoning Code shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit or approval application), provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval, and the approved use does not cease on the property for six months or more (see Section 20-54.040.A.5). (Ord. 3677 § 1, 2004)
A.
Purpose. The provisions of this Section determine whether an application required by this Zoning Code that has been denied by the City may be resubmitted immediately or can only be resubmitted after at least 12 months have elapsed since the date of denial.
B.
Types of denial. An application may be denied with or without prejudice.
1.
Denial with prejudice. An application may be denied with prejudice on the grounds that two or more similar applications have been denied in the past 24 months, or that other good cause exists for limiting the filing of applications with respect to the subject property.
2.
Denial without prejudice. A new application affecting or including all or part of the same property may be eligible for consideration within a 12-month period if the denial was made without prejudice. C.
Resubmittal prohibited within 12 months. If the denial with prejudice or revocation becomes effective, no further application for the denied request or revoked permit shall be filed, in whole or in part, for the ensuing 12 months, except as otherwise specified at the time of denial or revocation, for the same or substantially similar discretionary permit, entitlement, or amendment for the same site.
D.
Director's determination. The Director shall determine whether the new application is for a discretionary permit or other approval which is the same or substantially similar to the previously approved, denied, or revoked permit, entitlement, or amendment.
E.
Appeal. The determination of the Director may be appealed to the Commission, in compliance with Chapter 20-62 (Appeals).
F.
Council waiver. The Council may waive the prohibition in Subsection C, above if the Council finds that by reason of changed legal or physical circumstances, reconsideration would be in the best interests of the City. (Ord. 3677 § 1, 2004)
A.
Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City.
1.
A Covenant of Easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.
2.
The Covenant of Easement may be imposed as a condition of approval by the review authority.
B.
Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:
1.
Describe the real property to be subject to the easement;
2.
Describe the real property to be benefitted by the easement;
Identify the City approval or permit granted which relied on or required the Covenant; and
4.
Identify the purposes of the easement.
C.
Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.
D.
Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:
1.
Act as an easement, except that it shall not merge into any other interest in the real property; and
2.
Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
E.
Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any
person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
F.
Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter 20-66 (Public Hearings). 1.
The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2.
A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.
G.
Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council's Fee Schedule.
(Ord. 3677 § 1, 2004)
An approved land use permit or Variance may be revoked, or the conditions of approval or other provisions of the permit or Variance may be modified in compliance with this Section.
A.
Hearings and notice.
1.
The review authority shall hold a public hearing to revoke or modify an application, permit, or Variance granted in compliance with the provisions of this Zoning Code.
2.
Ten days before the public hearing, notice shall be mailed to the applicant and/or owner of the property for which the permit or Variance was granted, in compliance with Chapter 20-66 (Public Hearings). 3.
Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
B.
Review authority action.
1.
Land use permits. A land use permit may be revoked or modified by the review authority which originally approved the permit (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for permits originally approved by the County, after first making one or more of the following findings:
a.
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit can no longer be made; b.
Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;
c.
One or more conditions of approval have been violated, or have not been complied with or fulfilled; d.
The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 180 days, as defined in Chapter 20-61 (Nonconforming Uses, Structures, and Parcels);
e.
Failure or refusal to allow inspections for compliance; or
f.
Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute, or the use or structure is being operated or maintained in a manner which constitutes a nuisance.
2.
Variances. A Variance (including Minor Variances) may be revoked or modified by the review authority which originally approved the Variance (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for Variances originally approved by the County, after first making one or more of the following findings, in addition to those outlined in Subsection B.1 (Land use permits), above:
a.
Circumstances under which the Variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or
b.
One or more conditions of approval have been violated, or have not been complied with or fulfilled, and the grantee has not substantially exercised the rights granted by the Variance. 3.
Modification. Upon a finding that the land use or structure is operated or maintained in a manner constituting or causing a nuisance, the review authority which originally approved the permit or Variance, as an alternative to revocation, may modify the permit or Variance and impose additional conditions and/or may modify the existing conditions of the permit or Variance if the review authority finds that the grounds constituting or causing the nuisance would thereby be corrected or cured.
C.
Effect of revocation. The revocation of a land use permit or Variance shall have the effect of terminating the approval and denying the privileges granted by the original permit or Variance. (Ord. 3677 § 1, 2004)
(8)¶
Replacement windows and doors that utilize an alternative design and/or alternative materials that differ from the original design and materials; or
(9)
Installation of new landscape design elements including small entryway trellises, decks, or other small structures (not including plants, trees, ground cover, at-grade hardscape, or fences).
2.
Minor Landmark Alteration Permit. A Minor Landmark Alteration Permit shall be required for the following alterations or additions to a property identified as a contributor to a Preservation District, and similar activities as determined by the Director, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project:
a.
Painting of previously unpainted exterior materials (e.g. stone and brick), if it is found to have no impact to the structure or the surrounding Preservation District;
b.
Change to the historic roofline of a structure, if it is found to have no significant impact to the structure or the surrounding Preservation District;
c.
A fence taller than otherwise allowed by Section 20-30.060(C), Fences, Walls, and Screening. Where a Minor Use Permit is required for additional fence height pursuant to Section 20-30.060(D), only a Minor Use Permit application shall be required; a second application for a Landmark Alteration Permit shall not be required. While only a Minor Use Permit application and associated fees are required, all findings required for both approval of a Minor Landmark Alteration Permit by Section 20-58.060(F) and approval of a Minor Use Permit for additional fence height by Section 20-30.060(D) shall be met, and, if approved, both permits shall be issued;
d.
Removing or enclosing an existing porch or adding a new porch on the front elevation, if it is found to have no significant impact to the structure or the surrounding Preservation District;
e.
Minor modifications to structures, including, but not limited to, changing a window to a door or a door to a window, or changing the location of existing windows and doors, that do not otherwise qualify for a Director Level Landmark Alteration Permit;
f.
Additions to existing single-family residential structures involving less than 500 square-feet that are readily visible from the public right-of-way;
g.
Additions to existing non-residential or multi-family residential structures involving between 500 and 5,000 square-feet.
h.
The development of new non-residential or multi-family residential structures involving between 500 and 5,000 square-feet; or
i.
The construction of a new primary single-family dwelling.
3.
Major Landmark Alteration Permit. A Major Landmark Alteration Permit shall be required for the following alterations or additions to a property identified as a contributor to a Preservation District, and similar activities as determined by the Director, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project.
a.
Demolition or removal of an existing historic building;
b.
Additions to existing single-family residential structures involving 500 square-feet or greater that are readily visible from the public right-of-way, including second-story additions to a one-story house;
c.
Additions to existing non-residential or multi-family residential structures of 5,000 square-feet or greater, or smaller projects that have been found inconsistent with the Secretary of the Interior Standards for Treatment of Historic Properties; or
d.
The construction of new non-residential or multi-family residential structures of 5,000 square-feet or greater, or smaller projects that have been found inconsistent with the Secretary of the Interior Standards for Treatment of Historic Properties.
4.
Design Review. For projects that also require Design Review pursuant to Section 20-52.030, Design Review, a separate application for Design Review shall not be required; only a Landmark Alteration Permit application and associated fees shall be required. However, all findings required for both approval of a Landmark Alteration Permit by Section 20-58.060(F) and approval of Design Review by Section 20-52.030(I) shall be met, and, if approved, both permits shall be issued.
D.
Hearing and decision.
1.
Major Landmark Alteration Permit. The DRPB shall schedule a hearing on an application for a Major
Landmark Alteration Permit after the completion of the environmental determination on the proposed project, or the certification of an Environmental Impact Report. Notice shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Landmark Alteration Permit.
a.
Public notice. Before a decision on a Minor Landmark Alteration Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings); provided that the notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Landmark Alteration Permit application at a public meeting on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the date specified for the decision.
b.
Hearing. If a hearing is requested, notice of the hearing shall be provided, and the Zoning Administrator shall conduct the hearing, in compliance with Chapter 20-66.
c.
Review authority referral. The Zoning Administrator may defer any decision and refer the request to the DRPB, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.
3.
Director Level Landmark Alteration Permit. Notification. At least 10 calendar days prior to taking action on any proposed Director Level Landmark Alteration Permit, the Director shall notify, by mail as a Notice of Pending Action, all persons or entities as set forth in Section 20-66.020.(C)(1), except that the distance for the mailing shall be 300 feet from the exterior boundary of the subject property, or as otherwise determined by the Director. No public meeting or public hearing shall be required.
a.
Review authority referral. The Director may defer any decision and refer the request to the Zoning Administrator or DRPB, pursuant to Zoning Code Section 20-50.020, Authority for Land Use and Zoning Decisions.
E.
Actions by the Director, Zoning Administrator or DRPB on Landmark Alteration Permits.
1.
Application to restore, alter or change. When the application is to restore, rehabilitate, alter, develop, construct, or change the exterior appearance of any landmark, or any structure, building or significant feature within a preservation district, the review authority, based upon the evidence presented and the criteria for decisions in Subsection F, may, by resolution, approve, conditionally approve, or deny the application.
2.
Application to demolish or remove. When the application is to demolish or remove any landmark, or any structure, building or significant feature within a preservation district, the DRPB, based upon the evidence presented and the criteria for decisions in Subsection F, may, by resolution, approve, conditionally approve, or deny the proposed demolition or removal. The decision of the DRPB to deny a proposed demolition or removal may be appealed to the Council in compliance with Chapter 20-62(Appeals).
F.
Findings for decision. The review authority shall consider the following findings, in determining whether to grant or deny a Landmark Alteration Permit:
1.
The proposed changes are consistent with applicable zoning standards except as directed by Zoning Code Section 20-12.020;
2.
Whether the proposed change implements the General Plan and any applicable specific plan;
3.
The consistency of the proposed change with the original architectural style and details of the building; 4.
The compatibility of the proposed change with any adjacent or nearby landmark structures or preservation district structures that have been identified as contributors to the respective district;
5.
The consistency and/or compatibility of the proposed textures, materials, fenestration, decorative features and details with the time period of the building's construction;
Whether the proposed change will destroy or adversely affect important architectural features;
7.
Consistency with applicable Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; and
8.
Other matters, criteria and standards as may be adopted by resolution of the City Council.
G.
Notice of decision. A copy of the DRPB resolution documenting its decision shall be provided to the applicant.
(Ord. 3677 § 1, 2004; Ord. 3968 §§ 18, 19, 2011; Ord. 2017-024 § 8; Ord. 2020-014 § 33; Ord. 2025-003, 2/25/2025)
A.
Dangerous condition. The provisions of this chapter shall not prevent any construction, removal or demolition determined by the Building Official to be immediately necessary to correct an unsafe and dangerous condition, as identified and declared in writing by the Building Official, of any structure or building which has been designated a landmark or which is located within a Preservation District. Only the work that is
determined by the Building Official to be necessary to correct the dangerous and unsafe condition may be performed in compliance with this Section. In the event that any designated landmark or any structure or building within a Preservation District is damaged by fire or other calamity to such an extent that, in the written determination of the Building Official, it cannot feasibly be repaired or restored, it may be demolished in compliance with normal Building Permit procedures and applicable laws and regulations.
B.
Economic hardship. If the owner of a property that has been designated, or is proposed for designation as a landmark, or that is situated within a designated or proposed preservation district, believes that the burdens associated with the designation will cause an unreasonable economic hardship on their ownership and use of the property, the owner may apply to the DRPB for a certificate of economic hardship to alter, remove, or demolish the landmark or the improvements within a preservation district.
1.
Application requirements. An application for a certificate of hardship shall identify the landmark or proposed landmark or structure, building or significant feature within a designated or proposed Preservation District, describe what the owner wishes to do with the same, and shall include the following information:
a.
An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter; b.
A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;
c.
The estimated value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; and in the case of a proposed demolition, after renovation of the existing property for continued use;
d.
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of
rehabilitation or re-use of the existing structures on the property;
e.
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;
f.
If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
g.
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
h.
All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;
i.
Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;
j.
Assessed value of the property according to the most recent assessment;
k.
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;
l.
Any other information considered necessary by the DRPB to make a determination as to whether the property does yield or may yield a reasonable return to the owners;
m.
Any other information considered relevant by the owner on the issue of economic hardship.
2.
Determination of economic hardship. The DRPB shall review all evidence and information required of an applicant for a certificate of economic hardship and make a determination, by resolution, within 60 days of the completion of the environmental review of the application, as to whether the denial of a certificate of
economic hardship would deprive the owner of the property of the reasonable use of, or economic return on, the property. If the DRPB determines that a denial of the certificate would so deprive the property owner, then the DRPB shall, by resolution, issue the requested certificate subject to the fulfillment of such feasible mitigation measures as are set forth in the environmental documents for the proposed project. The DRPB
may solicit expert testimony on these issues, but may not incur costs in this regard without the prior appropriation of funds by the Council.
(Ord. 3677 § 1, 2004; Ord. 3955 § 2, 2010; Ord. 2025-003, 2/25/2025)¶
Any person aggrieved by a decision of the Director, Zoning Administrator or DRPB in compliance with this Chapter may appeal the decision in compliance with Chapter 20-62 (Appeals). An appeal shall be processed in compliance with Chapter 20-62.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
A.
Civil actions. At the request of the Zoning Administrator, the DRPB, or the Council, the City Attorney may file and maintain a civil action for injunctive relief to prohibit or enjoin any violation, or threatened violation of the provisions of this Chapter, and/or to compel the correction of any violation of this Chapter.
B.
Violation. Every person who violates any provision of this Chapter is guilty of a misdemeanor. (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
A.
A tree, as defined in Section 17-24.020, or group of trees which is not situated upon a designated landmark site or which has not been designated a "significant feature" on either a designated landmark site or within a designated preservation district shall not be subject to the provisions of this chapter, but shall be subject to the provisions of Municipal Code Title 17, Chapter 17-24 (Trees).
B.
A tree and each tree within a group of trees which has been designated a "significant feature" on a landmark site or within a preservation district are "heritage trees" as that term is used in Municipal Code Title 17, Chapter 17-24 (Trees) and each such tree shall come within and be subject to the provisions of Articles III through VII of Chapter 17-24 as a heritage tree; provided, however, that before the review authority considers an application to alter, remove, or relocate any such tree or group of trees, the application shall first be
referred to the Design Review and Preservation Board for its comments and recommendation(s), which shall be considered by the review authority before any determination is made on the application. (Ord. 2025-003, 2/25/2025)
On January 9, 2001, the Santa Rosa City Council adopted the Processing Review Procedures for Owners of Historic Properties, which was intended to assist property owners, designers and citizens in the preservation of Santa Rosa's historic resources. The Director of Planning and Economic Development is authorized to make any necessary edits to the Processing Review Procedures for Owners of Historic Properties to ensure that the document is maintained consistent with the City Municipal Code. Such amended procedures shall supersede the procedures adopted by Council on January 9, 2001 by Resolution No. 24694. (Ord. 2025-003, 2/25/2025)
Current market value.¶
(1)
As used in this Subsection, "current market value" is the market value of the structure immediately before the occurrence of the damage.
(2)
For purposes of administering the provisions of this Subsection, the applicant shall submit an appraisal from a licensed appraiser and the City's Building Official shall verify the appraiser's determination of the current market value of the damaged structure, which determination shall be final, unless appealed in compliance with Chapter 20-62 (Appeals).
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2024-012, 11/19/2024)
A.
Legal building site. A nonconforming parcel that does not comply with the applicable area or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.
1.
Approved subdivision. The parcel was created by a recorded subdivision;
2.
Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
3.
Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment;
4.
Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent; or
5.
Certificate of Compliance. A Certificate of Compliance has been issued, in compliance with Title 19 (Subdivisions) of the City Code, verifying that the parcel complies with the applicable provisions of Title 19 and the Subdivision Map Act.
B.
Subdivision or lot line adjustment of a nonconforming parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
(Ord. 3677 § 1, 2004)
A.
An applicant, other interested person, or an officer or official of a public entity, who considers an action (e.g., decision, determination, etc.) taken under the provisions of this Zoning Code by an official or City review authority to have been erroneously taken may appeal the action in compliance with the following:
1.
Director decisions. A determination or decision by the Director may be appealed to the DRPB, Commission, or Council as applicable to the decision.
2.
Zoning Administrator decisions. A determination or decision by the Zoning Administrator may be appealed to the DRPB, Commission, or Council as applicable to the decision.
3.
DRPB decisions. A decision by the DRPB may be appealed to the Council; provided that a member of the DRPB shall not be allowed to appeal a DRPB decision.
4.
Commission decisions. A decision by the Commission may be appealed to the Council; provided that a member of the Commission shall not be allowed to appeal a Commission decision.
B.
Attached and detached single-family dwellings. Single-family dwellings are exempt from the provisions of this Chapter as follows, and as provided by Subsection C (Destroyed nonconforming dwelling units).
1.
Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zoning district, shall not be required to comply with the provisions of this Chapter.
2.
Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this Section shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district.
3.
Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Zoning Code is exempt from requirements of this Chapter that would otherwise require compliance with the parking requirements of this Zoning Code.
C.
Destroyed nonconforming dwelling units.¶
1.
Where the review authority determines that a nonconforming single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided:
a.
The applicant provides documentation, satisfactory to the review authority, supporting the claim that the damage or destruction occurred involuntarily;
b.
No expansion of the gross floor area or number of dwelling units occurs;
c.
The replacement structure:
(1)
Is in compliance with the current Building Code, and
(2)
Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;
d.
A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion.
2.
If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required Building Permit.
3.
For damage involving a declared Hazard see Chapter 20-35, Resilient City Standards.
D.
Seismic retrofitting. Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted Building, Electrical, Plumbing Codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and Code compliance are limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements.
E.
Nonconforming upon annexation. Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this Chapter. F.
Nonconforming due to a lack of a Conditional Use Permit.
1.
Conformity of uses requiring Conditional Use Permits. A use lawfully existing without a Conditional Use Permit that would be required by this Zoning Code to have Conditional Use Permit approval, in compliance with Section 20-52.050, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.)
2.
Previous Conditional Use Permits in effect. A use that was authorized by a Conditional Use Permit but is not allowed by this Zoning Code in its current location may continue, but only in compliance with the original Conditional Use Permit (e.g., if the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.) G.
Previous permits. A use or structure which does not conform to the current regulations of the subject zoning district, but for which a Building Permit, or a permit or entitlement approved in compliance with this Zoning
Code, was issued and exercised before the applicability of this Zoning Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this Chapter. For the purposes of this Subsection, the provisions of Section 20-54.050 (Time Limits and Extensions) shall govern the determination of whether the permit or entitlement has been exercised in a timely manner. H.
Public utilities. The provisions of this Chapter, concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this Chapter be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features, that are used directly for the delivery of or distribution of the service. I.
Public acquisition.
1.
Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Chapter.
2.
Required reconstruction, remodeling, or repair. Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction, remodeling, or repair work shall be substantially completed within 12 months from the date of application for the required Building Permit.
(Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024; Ord. 2025-003, 2/25/2025)
Uses and structures that did not comply with the applicable provisions of this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning Code and are subject to the provisions of Chapter 20-68 (Enforcement). This Chapter does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Zoning Code and the City Code are first obtained.
(Ord. 3677 § 1, 2004)
A.
Not applicable to public nuisances. The provisions of this Chapter shall not apply to a use or a structure which is, or which becomes, a public nuisance.
B.
Continuance of public nuisances prohibited. The provisions of this Chapter do not allow, and shall not be interpreted to allow, the continuation of a use or structure which is deemed a public nuisance or which is prohibited or otherwise made unlawful, in whole or in part, by the City Code (including the Building Code, Fire Code, Zoning Code, etc.) or by laws enacted by the state or federal government which are applicable to this City.
C.
Enforcement actions. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with the City Code and Chapter 20-68 (Enforcement).
(Ord. 3677 § 1, 2004)
Denial of amendment.¶
1.
A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter 20-62 (Appeals).
2.
However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing.
D.
Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 20-64.050 (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.
(Ord. 3677 § 1, 2004)
A.
Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings in Section 20-64.050 (Findings), below.
General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
2.
Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.
B.
Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.
C.
Non-substantive changes by the Council.
1.
The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration.
2.
Before taking the action, the Council may refer the proposed non-substantive change to the Commission for a written recommendation.
3.
In this case, the Commission need not hold a public hearing, and shall report back to the Council within 60 days after the date of Council referral, or it shall be deemed to have approved the proposed non-substantive changes.
(Ord. 3677 § 1, 2004)
The proposed amendments are consistent with the goals and policies of all elements of the General Plan 2050 and applicable specific plans, including the Downtown Station
A.
Findings for General Plan amendments.
1.
The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3.
The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments; and 4.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). B.
Findings for Zoning Code/Map amendments.
1.
Findings required for all Zoning Code/Map amendments:
a.
The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
2.
Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
3.
Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
(Ord. 3677 § 1, 2004)
A.
Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
1.
A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
2.
Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map.
3.
A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.
B.
Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained in 20-64.050 (Findings), above.
C.
Council's action on prezoning.
1.
Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained in 20-64.050 (Findings), above.
2.
If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.
(Ord. 3677 § 1, 2004)
Newspaper publication.¶
a.
Notice shall also be given at least once by publication in a newspaper of general circulation within the City, at least 10 days before the scheduled public hearing.
b.
In prezoning matters, the notice shall be published in a newspaper of general circulation, circulated in the area proposed to be prezoned.
3.
Site posting. Notice shall also be given by:
a.
The City posting notices in at least two public places within the City boundary as specified by the Director; and
b.
The applicant installing a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled public hearing, as follows.
(1)
The size of the sign shall comply with Table 6-2.
| TABLE 6-2—PUBLIC HEARING NOTICE SIGN AREA REQUIREMENTS | |
|---|---|
| Parcel Size | Minimum Sign Area |
| Under 6,000 sq. ft. or store front | 6 sq. ft. |
| 6,000—20,000 sq. ft. | 12 sq. ft. |
| 20,001 sq. ft.—1 acre | 24 sq. ft. |
| Over 1 acre | 32 sq. ft. |
(2)
Sign height shall not exceed six feet.
(3)
The sign shall be placed not less than five feet inside the property line in residential zoning districts, and not less than one foot inside the property line for commercial and industrial zoning districts.
(4)
The sign shall be located in a position most visible to the public, but not within a required vision triangle.
(5)
Other restrictions:
(a)
The sign shall not be illuminated;
(b)
One sign shall be displayed on each public street frontage of the subject property; and
(c)
The sign shall be removed within 15 days after the public hearing.
(6)
On or before the required date of posting, the applicant shall submit to the Department a signed affidavit verifying installation of the sign.
(7)
The area of the sign copy shall comply with standards adopted by the DRPB.
- Online posting.
a.
Notice shall be given on the Department's webpage.
b.
Alternative online postings including, but not limited to social media are encouraged at the discretion of the Director.
5.
Electronic notice. Notice shall be emailed to the Community Advisory Board (CAB) and posted to an electronic distribution list for City public notices.
D.
Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with subsection C.1 above is more than 1,000, the City may, as an alternative to the mailing requirements of this Chapter, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days before the scheduled hearing. However, any site-specific development must include on-site posting consistent with subsection C.3.b above.
E.
Combined notices. A notice of public hearing required by this Chapter may be combined with a notice of public hearing required by other provisions of the City Code, or State or Federal law, applicable to or binding upon the City, provided the requirements of this Chapter relating to content, timing, or methods of giving notice, are complied with in the combined notice.
F.
Additional notice. In addition to the types of notice required by subsections C and D, further noticing may be required at the discretion of the Director, including, but not limited to, the use of a greater radius for notice for projects of particular interest, scale or size.
G.
Public notice of Zoning Administrator action. The Zoning Administrator is authorized by this Code to consider certain applications in the first instance, including applications for a Minor Conditional Use Permit, Minor Variance, and certain Hillside Development Permits and Design Review. Prior to taking action on any such application, the Zoning Administrator shall notify by mail nearby property owners and others as set forth in Section 20-66.020 C.1. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified dated of the decision. If a public hearing is thereafter requested in writing in a timely manner, notice of the public hearing shall be provided in accordance with this Chapter.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2019-003 §§ 5—9; Ord. 2025-003, 2/25/2025) After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code, the matter shall be scheduled for public hearing on a Zoning Administrator, DRPB, Commission, or Council agenda (as applicable).
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
A.
Conduct of hearing. Hearings shall be held at the date, time, and place described in the public notice required by this Chapter.
B.
Continuance. If it is necessary to continue the hearing or decision or any matter before the review authority,
the person presiding at the hearing may, before the adjournment or recess of the hearing, publicly announce the date, time, and place to which the hearing will be continued.
1.
Continuance with date announced. If a date is announced for a continued hearing, no additional notice for the continued hearing is required.
2.
Continuance with no date announced. A new notice of hearing is required in compliance with this Chapter if no date is announced for a continued hearing.
(Ord. 3677 § 1, 2004)
At the conclusion of any public hearing on an amendment (General Plan, Zoning Code, or Zoning Map), a development agreement, or a specific plan, the Commission shall forward a written recommendation, including all required findings, to the Council for final action.
(Ord. 3677 § 1, 2004)
A.
Decision.
1.
The review authority (Zoning Administrator, DRPB, Commission, or Council, as applicable) may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 20-66.040 (Hearing Procedure), above.
2.
At the conclusion of a hearing by the Zoning Administrator, the Zoning Administrator may instead refer the matter to the Commission for a decision.
B.
Notice of action. The notice of action shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and welfare.
C.
Mailing of notice of action.
1.
Within five days after the final decision, or recommendation, is rendered by the applicable review authority, a notice of action (e.g., decision or recommendation), any applicable conditions of approval, and the
reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application.
2.
A copy of the notice of action shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
A.
Zoning Administrator, DRPB, or Commission. The decision of the Zoning Administrator, DRPB, or Commission is final unless appealed in compliance with Chapter 20-62 (Appeals). B.
Council. The decision of the Council on any matter shall be final.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
A.
Zoning Administrator, DRPB, or Commission. A decision of the Zoning Administrator, DRPB, or Commission (other than a recommendation in compliance with Section 2066.050, above) shall become effective on the 11th day following the date of application approval by the applicable review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 20-62 (Appeals).
B.
Council.
1.
Other than amendments. The decision of the Council on any matter, other than an amendment, shall be effective immediately following the decision.
2.
General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, and after the close of the statute of limitations under the California Environmental Quality Act (CEQA).
3.
Zoning Code and Zoning Map. A Zoning Code and Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
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