Chapter 20-16 — (RESERVED)

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2018-012; Ord. 2018-019; Ord. 2019-001; Ord. 2020-002; Ord. 2020-017; Ord. 2021-012; and Ord. 2023-015, 11/28/2023, was repealed by Ord. 2025-014, 11/18/2025.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.

(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)

Chapter 20-21 DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS (§ 20-21.010 – § 20-21.050)

This Chapter describes the City's requirements for the approval of proposed development and new land uses. The Permit requirements established by this Zoning Code for specific land uses are in Chapters 20-22 through 20-24.

(Ord. 3677 § 1, 2004)

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

A.

Allowable use. The land use shall be allowed by this Zoning Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 20-21.030 (Allowable Land Uses and Permit Requirements).

B.

Permit and approval requirements. Any land use permit or other approval required by Section 20-21.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 20-21.040 (Exemptions from Land Use Permit Requirements).

C.

Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Chapter, the provisions of Division 3 (Site Planning and General Development Standards), and any applicable conditions imposed by a previously granted land use permit. D.

Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the Title 19 of the City Code (Subdivisions). E.

Consistency with Design Guidelines. A proposed development shall be consistent with the City's Design Guidelines as applied to the project through the Design Review process, or through the approval of a Conditional Use Permit or Minor Conditional Use Permit.

(Ord. 3677 § 1, 2004)

A.

Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Chapters 20-22, 20-23, and 20-24, together with the type of land use permit required for each use.

1.

Establishment of an allowable use.

a.

Any one or more land uses identified by the tables as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the land use permit requirements of Subsection B, and compliance with all applicable requirements of this Zoning Code.

b.

Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B for any individual use. For example, Table 2-6 in Section 20-23.030 would require that a new building proposed in the CN zoning district with a bar/tavern on the ground floor and professional offices on the second floor would require Conditional Use Permit (CUP) approval because Table 2-6 requires Conditional Use Permit approval for "Bar/Tavern," even though "Office—Business/Service" is listed in the CN zone as a permitted use, requiring only a Zoning Clearance.

2.

Use not listed. A land use that is not listed in tables or is not shown in a particular zoning district is not allowed, except as otherwise provided in Subsection A.3, or Section 20-21.040 (Exemptions from Land Use Permit Requirements).

3.

Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this Division is allowable as follows:

a.

Required findings. The Director may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first making all of the following findings:

(1)

The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the district;

(2)

The use will be consistent with the purposes of the applicable zoning district;

(3)

The use will be consistent with the General Plan and any applicable specific plan;

(4)

The use will be compatible with the other uses allowed in the applicable zoning district; and

(5)

The use is not listed as allowable in another zoning district.

A determination that a use qualifies as "a similar use" and the findings supporting the determination shall be in writing.

b.

Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

c.

Referral for determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.

d.

Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 20-62 (Appeals).

B.

Permit requirements. Tables 2-2, 2-6, and 2-10 within Chapters 20-22, 20-23, and 20-24 provide for land uses that are:

1.

Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Zoning Clearance (Section 20-52.020). These are shown as "P" uses in the tables;

2.

Allowed subject to the approval of a Minor Conditional Use Permit (Section 20-52.050), and shown as "MUP" uses in the tables;

3.

Allowed subject to the approval of a Conditional Use Permit (Section 20-52.050), and shown as "CUP" uses in the tables;

4.

Allowed subject to the type of City approval required by a specific provision of Chapter 20-42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and

5.

Not allowed in particular zoning districts.

Note: a land use authorized through the approval of a Zoning Clearance, Minor Conditional Use Permit, or Conditional Use Permit may also require Design Review approval (Section 20-52.030), a Building Permit, or other permit required by the City Code.

(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.

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

(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.

Notes:

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.

Chapter 20-23 COMMERCIAL ZONING DISTRICTS (§ 20-23.010 – § 2023.080)

This chapter lists the land uses that may be allowed within the commercial 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)

The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows:

A.

CO (Office Commercial) district. The CO zoning district is applied to areas appropriate for administrative, business, financial, medical, professional, and public office uses, together with similar and related compatible uses. Residential uses may also be accommodated as part of mixed use projects. The CO zoning district is consistent with and implements the Office land use classification of the General Plan.

B.

CN (Neighborhood Commercial) district. The CN zoning district is applied to areas within and adjacent to Residential neighborhoods appropriate for limited retail and service centers for convenience shopping. Uses in these centers are intended to provide for the day-to-day needs of local neighborhoods and workplaces, but not to be of such scope and variety as to attract substantial traffic volumes from outside the neighborhood. New development is encouraged to include both a residential and nonresidential component as noted by Section 20-23.030 (Commercial district land uses and permit requirements). The CN zoning district is consistent with and implements the Neighborhood Shopping Center land use classification of the General Plan.

C.

CG (General Commercial) district. The CG zoning district is applied to areas appropriate for a range of retail and service land uses that primarily serve residents and businesses throughout the City, including shops, personal and business services, and restaurants. Residential uses may also be accommodated as part of mixed use projects, and independent residential developments. The CG zoning district is consistent with the Retail and Business Services land use classification of the General Plan.

D.

CV (Motor Vehicle Sales) district. The CV zoning district is applied to areas appropriate for a concentration of new and used motor vehicle sales establishments and related support uses.

The CV zoning district is consistent with the Retail and Business Services land use classification of the General Plan.

E.

CMU (Core Mixed Use) district. The CMU zoning district is applied to areas within downtown Santa Rosa to foster a mix of residential and nonresidential uses to activate the greater Old Courthouse Square area and key transit corridors. The principal objectives of the CMU designation are to strengthen the role of this area as a business, governmental, retail, tourism, entertainment, and cultural hub for the region, and to accommodate significant new residential development. New residential development will serve as a catalyst for increased activity and create a built-in market for retail, service, and entertainment uses. High-rise

development in all residential or mixed-use buildings is envisioned in a walkable, bikeable environment with public gathering places such as plazas, courtyards, or parks and easy access to public transit. The CMU zoning district implements and is consistent with the Core Mixed Use land use classification of the General Plan.

F.

SMU (Station Mixed Use) district. The SMU zoning district is applied to areas within downtown Santa Rosa to provide for a range of visitor-serving uses, including retail, restaurants, entertainment, cultural amenities, and hotels in proximity to the Downtown SMART station. While commercial uses are emphasized, new multifamily housing will also be allowed to support the daytime and evening vitality of the Downtown Station Area. New development will be required to respect the historic character of the Railroad Square area, adding to the mix of uses and enhancing the walkable, pedestrian-oriented streets and public spaces that attract locals, SMART train riders, and visitors from the wider region. The SMU zoning district implements and is consistent with the Station Mixed Use land use classification of the General Plan.

G.

MMU (Maker Mixed Use) district. The MMU zoning district is applied to areas within downtown Santa Rosa to emphasize a balanced mix of residential, creative, and maker-oriented uses, including artisan shops, studios, media production, printing and publishing, distilleries and micro-breweries, cannabis, tech start-ups, research and development facilities, limited light industrial uses, and other home-based businesses. Multifamily residential and live/work units are encouraged in all-residential or mixed-use buildings. Supportive uses that contribute to a vibrant village atmosphere, such as bodegas, specialty food stores, cafés, coffee shops, performing arts venues, theatres, restaurants, schools, and educational facilities are also permitted. The MMU zoning district implements and is consistent with the Maker Mixed Use land use classification of the General Plan.

H.

NMU (Neighborhood Mixed Use) zoning district. The NMU designation is applied to areas within downtown Santa Rosa to allow for new multi-family residential development in all-residential or mixed-use buildings, together with a broad mix of uses that primarily serve local residents, including professional office, retail, entertainment, service, and other neighborhood-scale supporting uses. Permitted housing developments

include low and mid-rise apartments and condominiums, as well as small-lot single-family attached dwellings (e.g., duplexes, triplexes, townhomes.) Live-work spaces and maker-oriented uses are permitted subject to performance standards. The NMU zoning district is consistent with and implements the Neighborhood Mixed Use land use classification of the General Plan.

I.

CSC (Community Shopping Center) district. The CSC zoning district is applied to areas appropriate for complexes of retail establishments, anchored by a large grocery store, serving clients from the community as a whole and in particular surrounding residential neighborhoods. These centers are intended to be designed to facilitate pedestrian and bicycle access in addition to vehicular access. Proposed commercial development is required to include a residential component when significant additions or reconstruction is proposed as noted by Section 20-23.030 (Commercial district land uses and permit requirements), Table 2-6 and Section 20-23.080. The CSC zoning district is consistent with and implements the Community Shopping Center land use classification of the General Plan.

J.

TV-M (Transit Village-Mixed) district. The TV-M zoning district is applied to areas within approximately onequarter mile of a transit facility outside of the Downtown Station Area that are appropriate for a mix of higher density residential, office and commercial uses. Development is designed and oriented to create a central

node of activity at or near the transit facility. The minimum allowable density is 40 dwellings per acre; there is no maximum density. The TV-M zoning district is consistent with and implements the Transit Village Mixed Use land use classification of the General Plan.

(Ord. 3677 § 1, 2004; Ord. 3950 § 8, 2010; Ord. 3987 § 2, 2012; Ord. 2020-014 § 9; Ord. 2021-012 § 11; Ord. 2025-014, 11/18/2025)

Table 2-6 identifies the uses of land allowed by this Zoning Code in the commercial zoning districts, 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.

P - Permitted Use, Zoning Clearance Required

TABLE 2-6 Allowed Land Uses P - Permitted Use, Zoning Clearance Required and Permit Requirements for MUP - Minor Conditional Use Permit Required Commercial Districts CUP - Conditional Use Permit Required S - See Specific Use Regulations for Permit*

P - Permitted Use, Zoning Clearance Required

TABLE 2-6 Allowed Land Uses P - Permitted Use, Zoning Clearance Required and Permit Requirements for MUP - Minor Conditional Use Permit Required Commercial Districts*

P - Permitted Use, Zoning Clearance Required

TABLE 2-6 Allowed Land Uses P - Permitted Use, Zoning Clearance Required and Permit Requirements for MUP - Minor Conditional Use Permit Required Commercial Districts*

CUP - Conditional Use Permit Required S - See Specific Use Regulations for Permit

P - Permitted Use, Zoning Clearance Required

TABLE 2-6 Allowed Land Uses P - Permitted Use, Zoning Clearance Required and Permit Requirements for MUP - Minor Conditional Use Permit Required Commercial Districts*

CUP - Conditional Use Permit Required S - See Specific Use Regulations for Permit

Sales

Center

Notes:

(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.

(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.

==> picture [518 x 368] intentionally omitted <==

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.

==> picture [393 x 319] intentionally omitted <==

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.

==> picture [518 x 326] intentionally omitted <==

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.

==> picture [460 x 324] intentionally omitted <==

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.

==> picture [515 x 239] intentionally omitted <==

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.

==> picture [501 x 157] intentionally omitted <==

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)

Chapter 20-24 INDUSTRIAL ZONING DISTRICTS (§ 20-24.010 – § 2024.050)

This chapter lists the land uses that may be allowed within the industrial 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)

The purposes of the individual industrial zoning districts and the manner in which they are applied are as follows.

A.

BP (Business Park) district. The BP zoning district is applied to areas appropriate for planned, visually attractive centers for business that do not generate nuisances (noise, clutter, noxious emissions, etc.). This zone accommodates campus-like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, incubatorresearch facilities, testing, repairing, packaging, and printing and publishing. Warehousing and distribution, retail, hotels, and residential uses are permitted on an ancillary basis. Restaurants and other related services are permitted as accessory uses. Outdoor storage is not permitted. The BP zoning district is consistent with and implements the Business Park land use classification of the General Plan.

B.

IL (Light Industrial) district. The IL zoning district is applied to areas appropriate for some light industrial uses, as well as commercial service uses and activities that may be incompatible with residential, retail, and/or office uses. Residential uses may also be accommodated as part of work/live projects. The IL zoning district is consistent with the Light Industry land use classification of the General Plan. C.

IG (General Industrial) district. The IG zoning district is applied to areas appropriate for industrial and manufacturing activities, warehousing, wholesaling and distribution uses. Uses may generate truck traffic and operate 24 hours. Retail and business service uses that could be more appropriately in another zone are not permitted. Land uses allowed in the IG zoning district have the potential for creating objectionable noise, smoke, odor, dust, noxious gases, glare, heat, vibration, or industrial wastes. The IG zoning district is consistent with the General Industry land use classification of the General Plan. (Ord. 3677 § 1, 2004)

A.

General land use permit requirements. Table 2-10 identifies the uses of land allowed by this Zoning Code in the industrial zoning districts, 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.

B.

Re-occupancy with less intensive use. The re-occupancy of a building that was authorized by Minor Conditional Use Permit or Conditional Use Permit, with a use allowed in the same industrial zoning district by Table 2-10 as a permitted or conditional use, may occur with a Zoning Clearance where noted by Table 2-10, and where the Director determines that the proposed use is similar to or less intense than the previous use. The determination shall be based on the following criteria, and other relevant considerations as identified by the Director.

1.

Pedestrian and vehicular traffic;

2.

Parking requirements;

3.

Number of employees and clients;

Nuisance factors, including noise, odors, fumes, dust, dirt, litter, vibrations, etc.

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.

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)

Chapter 20-26 SPECIAL PURPOSE ZONING DISTRICTS (§ 20-26.010 – § 20-26.060)

This Chapter lists the land uses that may be allowed within the Special Purpose 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)

The purposes of the individual Special Purpose zoning districts and the manner in which they are applied are as follows.

A.

OSR (Open Space—Recreation) district. The OSR zoning district is applied to public park and recreation sites and areas within the City. The OSR zoning district is consistent with and implements the Parks & Recreation land use classification of the General Plan.

B.

OSC (Open Space—Conservation) district. The OSC zoning district is applied to important open space areas of the City including wetlands, waterways, hillsides, ridgelines, scenic areas, significant vegetation areas, wildlife habitat and corridors, community separators, watersheds, geologic features, natural hazards areas, agricultural land, and areas that functionally link open space areas. The OSC zoning district is consistent with and implements the Open Space land use classification of the General Plan. More specific purposes of the open space District are to:

1.

Provide a zoning district for permanently protected open space areas; 2.

Preserve as open space parcels from which development potential has been sold, transferred, dedicated, donated, or otherwise removed from the parcel as recorded on deed, map, development plan, policy statement, easement, private covenant, or any other legal mechanism;

3.

Provide for limited development up to one unit per 40 acres or legally existing parcel in a manner that will preserve and maintain open space benefits;

4.

Protect rare, threatened, and endangered plants and animals;

5.

Protect and enhance wildlife habitat;

6.

Provide sites for education and scientific research;

7.

Control alteration of the natural environment and terrain in areas of environmental and scenic significance to the community;

Protect people and property from geologic, hydrologic, and other natural hazards;

9.

Enhance and maintain for public welfare and well-being, the public amenities accrued from the preservation of scenic beauty and environmental quality;

10.

Provide opportunities for low intensity uses and recreational activities compatible with open space benefits, which may include bird watching, playing fields for team sports, nature photography and study, wildlife observation, and scientific research and education.

C.

PI (Public and Institutional) district. The PI zoning district is applied to areas appropriate for public facilities, utilities, hospitals, and public assembly facilities including: public schools, libraries, government offices, etc. The PI zoning district is consistent with and implements the Public/Institutional land use designation of the General Plan.

D.

PD (Planned Development) district. The PD district is intended to recognize the advantage that integrated community offers over conventional zoning techniques in implementing General Plan goals through specific site developments. The PD district is specifically envisioned as a mechanism to preserve and/or create

distinctive, high quality, single or mixed use developments that meet or exceed the goals of the General Plan. The requirements of this district are intended to encourage preservation of existing amenities and creation of new amenities; provide for a variety of housing types and densities; and achieve superior relationships among uses, both within and surrounding the district. The PD district is intended to be used only where the other zoning districts established by this Zoning Code cannot achieve these goals. (Ord. 3677 § 1, 2004; Ord. 4002 § 7, 2012)

encourage preservation of existing amenities and creation of new amenities; provide for a variety of housing types and densities; and achieve superior relationships among uses, both within and surrounding the district. The PD district is intended to be used only where the other zoning districts established by this Zoning Code cannot achieve these goals. (Ord. 3677 § 1, 2004; Ord. 4002 § 7, 2012)

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3766 § 1 Exh. A, 2006; Ord. 3968 § 5, 2011; Ord. 3997 § 4, 2012; Ord. 4001 § 5, 2012; Ord. 4002 § 5, 2012; Ord. 4042 § 2, 2015; Ord. 2017-024 § 4; Ord.

2018-012 § 3; Ord. 2019-009 § 3; Ord. 2020-001 § 6; Ord. 2021-012 § 16; Ord. 2024-012, 11/19/2024; Ord. 2025-014, 11/18/2025)

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 2-13, 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.

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)

Chapter 20-28 COMBINING DISTRICTS (§ 20-28.010 – § 20-28.100)

This Chapter regulates new and existing structures and land uses in the combining districts established by Section 20-20.020 (Zoning Map and Zoning Districts). The provisions of this Chapter provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning. (Ord. 3677 § 1, 2004)

The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. Any perceived conflict between the provisions of this Chapter and any other provision of this Zoning Ordinance shall be resolved in compliance with Section 20-12.020.D (Rules of Interpretation—Conflicting requirements).

A.

Mapping of combining districts. The applicability of any combining district to a specific site is shown by the combining district Zoning Map symbol established by Section 20-20.020 (Zoning Map and Zoning Districts), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map. The combining districts are applied to property through the rezoning process (Chapter 20-64), subject to any specific rezoning Requirements of the applicable combining district.

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific combining district:

1.

Any land use normally allowed in the primary zoning district by this Division may be allowed within a combining district, subject to any additional requirements of the combining district; 2.

Development and new land uses within a combining district shall obtain the land use permits required by this Division for the primary zoning district; and

3.

Development and new land uses within a combining district shall comply with all applicable development standards of the primary zoning district, except as modified by this Chapter. (Ord. 3677 § 1, 2004)

A.

Purpose. The Gateway (-G) combining district is intended to identify areas designated by the General Plan as visual entries into the City, and to provide special design criteria for proposed development at each entry.

B.

Applicability. Implementation of the design criteria shall be through private and public development and improvement plans. Landscaping features may be a requirement of private development while signing and other public improvements shall be provided by public resources and completed on a phasing or priority basis.

C.

Locations of combining district. The standards of this Section apply to the following identified entry ways; affected properties are designated within the -G combining district on the Zoning Map.

1.

Major entries:

North—Highway 101 at the at the northern Urban Boundary; South—Highway 101 at the intersection of Santa Rosa Avenue and 101; East—Highway 12 at the intersection of North Melita Road; West—Highway 12 Urban Boundary, i.e., Fulton Road.

Minor entries:

a.

Urban arterials:

Old Redwood Highway;

Guerneville Road;

Santa Rosa Avenue.

b.

Rural roads:

Petaluma Hill Road; Calistoga Road; Bennett Valley Road; Piner Road; Fulton Road; Stony Point Road; Hall Road.

D.

Development standards and guidelines. The following standards apply to public and private development proposed within the -G combining district, as noted. 1.

Major entries—Highway 101. The northern entry along Highway 101 should be at the urban boundary line and will be a stark transition where rural countryside abuts the urban edge. Significant setbacks and dense landscaping will soften the visual transition.

The southern entry shall occur at the urban boundary when Santa Rosa Avenue meets Highway 101. The community separator shall divide this area from the north end of Rohnert Park. The transition from rural to

urban will be assisted by significant setbacks and dense landscaping. The triangular, remnant Caltrans property shall be landscaped by the City and have a sign introducing Santa Rosa at its foreground.

a.

Setbacks. Setbacks to buildings for new projects along Highway 101, at both the north and the south entries to the City shall be 100 feet from the freeway right-of-way. Substantial landscaping and parking (if adequately screened), may be used in the setback areas. Entry length shall be the equivalent of one parcel or approximately 200 feet in length.

b.

Landscaping. Landscaping within setbacks shall provide a minimum of 20 feet of on-site planting in addition to any existing or proposed freeway landscaping.

c.

Screening. Rear service yards, project storage areas, and parking lots adjacent to Highways 101 shall be adequately screened. Screening may be by landscaped berms and dense tree planting or combination of fences and landscaping.

2.

Major entries—Highway 12. The eastern entry shall occur at Highway 12, at the urban boundary line, approximately North Melita Road. A sign denoting entrance to Santa Rosa should be placed here.

The western major entry is at the urban boundary where Highway 12 meets Fulton Road. The entry is emphasized by the community separation to the west and the abrupt urban edge at Fulton Road. Setbacks to structures are the primary design criteria to be considered at this City entrance. Setbacks to structures on the north side of Highway 12 are controlled by the frontage road (Occidental Road). Setbacks on the south side have been significant due to the non-development of the old railroad right-of-way. Should the railroad right-of-way be in public use, it should be appropriately landscaped and a sign installed to denote entrance to Santa Rosa. Signing and area landscaping would then occur on State property with State permission.

a.

Setbacks. Setbacks to buildings for new projects along Highway 12 east and west shall observe a minimum 50-foot setback. A minimum of 20 feet of dense landscaping shall also be required from the highway rightof-way.

b.

Landscaping. Landscaping within setbacks shall provide a minimum of 20 feet of on-site planting in addition to any existing or proposed freeway landscaping.

c.

Screening. Rear service yards, project storage areas, and parking lots adjacent to Highway 12 shall be adequately screened. Screening may be by landscaped berms and dense tree planting or combination of fences and landscaping.

3.

Minor entries.

a.

Bennett Valley Road. The secondary eastern entry to the City is from Bennett Valley Road. The entry point on Bennett Valley Road shall occur at the urban boundary which is adjacent to the Bennett Valley Golf Course. This entry, like the other secondary City entries is dramatic in its change from urban to rural. It is a natural to man-made demarcation that should remain for many years to come. Like the other entry treatments, special landscape and sign features announcing the entrance to the City should occur.

b.

Hall Road—Guerneville Road—Piner Road. The City entry from the west, other than Highway 12, is by way of Hall, Guerneville or Piner Roads. Each entry should occur at the urban boundary which is either at Fulton Road or just gradually west of Fulton Road. At each location the distinction of City entry should be discernable due to the sharp change that occurs between rural and urban land use, and development improvements. Guerneville and West Third Street (opposite Hall Road) are slated to have landscape median strips. The design criteria for each of these entry ways shall be to have a special landscape feature, including signing at the intersection where each intersects with Fulton Road.

c.

Old Redwood Highway. Entering the city from Old Redwood Highway presently has no clear presence. This is primarily due to the absence of urban level development. Existing development is rural in nature. The entry should occur at the urban boundary, which is located at the north end of the former Stevenson Equipment property. Urban level landscaping at the street frontage, signing announcing entering Santa Rosa.

d.

Santa Rosa Avenue. As one enters the City on Santa Rosa Avenue, a landscape median shall be provided down the center of the street. Twenty feet of landscape setbacks shall be required along each property frontage. A dual row of unified street trees shall be planted across the frontage as required by the County's South Santa Rosa Avenue Design Guidelines.

e.

Stony Point Road and Petaluma Hill Road. Secondary southern entry ways should occur at Stony Point Road and Petaluma Hill Road, each at the urban boundary line. Each are rural roads that connect to outside communities and towns. Each, like other rural roads, transitions sharply as one enters the City from the

County area. Design criteria for each of these entry ways is to feature landscaped yards and signing announcing Santa Rosa. Landscape setbacks of at least 15 feet should be provided along each street frontage with common street trees provided.

(Ord. 3677 § 1, 2004)

A.

Purpose. The -H combining district is intended to recognize, preserve, and enhance Santa Rosa's locally designated historic resources.

B.

Applicability. The -H combining district shall apply to all properties within designated preservation districts, including both contributing and non-contributing parcels. Additionally, the -H combining district shall apply to all locally designated landmark properties. The -H combining district may be combined with any primary zoning district established by Section 20-20.020 (Zoning Map and zoning districts).

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 -H combining district, subject to the land use permit requirements of the primary district, the procedural requirements of Chapter 20-58 (Historic and Cultural Preservation), and any district specific standards as outlined below.

D.

Character defining elements.

1.

Purpose. Character defining elements are specific to each preservation district and are intended to identify those physical aspects that represent the historical significance of the district and are essential to maintaining and enhancing the unique character of the individual district. On March 15, 2006, Cultural Heritage Board Resolution No. 209, adopted character defining elements for the Burbank Gardens, Cherry

Street, Ridgway, McDonald, Olive Park, St. Rose, West End and Railroad Square Preservation Districts, reflected in the subsections below.

2.

Applicability. The character defining elements provide an outline of the historic context for each preservation district to project sponsors such as developers, property owners, architects, and designers. These district specific frameworks will be used by City staff, boards and commissions, and the City Council when

evaluating project proposals that impact properties or existing buildings within designated preservation districts. Although each individual element may not be appropriate to each project, each project shall enhance the contextual framework of the district.

3.

Elements to consider in all preservation districts include:

a.

Architecture.

• Residential structures relate to each other in terms of size, scale, mass and rhythm. • Buildings in preservation districts utilize traditional building materials. • In general, buildings do not exceed 35 feet in height. • Houses have articulated, pedestrian-friendly frontages and are not dominated by garages. • Most houses have front porches.

b.

Hardscape.

• Residential driveways are generally single wide rather than double wide. • Concrete sidewalks are scored in one- to two-foot squares. • Traditional light standards are found in each preservation district. c. Landscape. • Mature landscape predominates in preservation districts. • Landscaping typically does not obscure buildings.

d.

Site planning.

• Garages and parking are located to the rear of the property. • Houses are typically set back from the sidewalk a minimum of 15 feet. • Houses typically maintain a minimum of five-foot side yard setback. • Each preservation district offers a community-serving facility within a short walking distance.

E.

Site planning and development standards. Development within the -H combining district shall comply with the following standards, and the requirements of Chapter 20-58 (Historic and Cultural Preservation). In the event of any conflict between the following standards and those of the primary zoning district, those applicable to the -H combining district shall apply.

Processing Review Procedures. The Processing Review Procedures for Owners of Historic Properties were adopted by the City Council as Santa Rosa's local guidelines for alterations to properties within designated preservation districts or individually designated landmark properties. These guidelines are referred to in findings for approval of a Landmark Alteration Permit and provide a basis for objective and consistent decision-making by the review authority.

2.

Secretary of the Interior's Standards. The Secretary of the Interior's Standards for Rehabilitation are the accepted standards used on the national, state, and local level for assessing the impacts of alterations to historic resources and their significance. These standards have been adopted by reference within the Processing Review Procedures, and consistency with applicable standards is a required finding for approval of a Landmark Alteration Permit.

3.

Height limits.

a.

Purpose. In an effort to preserve and enhance neighborhood character within designated preservation districts, height limits within the combining district are more restrictive than the height limits of the primary zoning district.

b.

Height limit. No structure within the -H combining district shall exceed a maximum height of 35 feet and two stories, except as provided in Subsection E.3.c.

c.

Increased height. A structure may be approved with a height over 35 feet or two stories provided that:

(1)

The review authority finds that the increased height does not detract from the character of the preservation district or any adjacent contributing properties; and

(2)

The review authority may require conditions of approval that pertain to the placement of screens, the location and type of openings, the location and projections of sun decks, porches, balconies, patios, and similar architectural amenities, to enhance or preserve the residential privacy of the proposed structures and of any adjacent existing or anticipated residential structures or uses.

4.

Setbacks.

a.

Purpose. The historic development pattern is a unique and defining feature in each of the City's preservation districts and on each landmark property. Standard setback requirements may not be sensitive to such unique attributes and therefore it is important to allow flexibility in determining appropriate setbacks to preserve and enhance existing conditions or character.

b.

Applicability. Reduced setbacks may be applied to development within a designated preservation District or on a designated local landmark. The reduced setback may be applied to new buildings as well as the addition or expansion of an existing building.

c.

Reduced setbacks. A reduction of setbacks required by the primary zoning district may be approved provided that:

(1)

The review authority first finds that the reduced setback will not significantly impair the Residential privacy of the proposed structures or any adjacent existing or anticipated residential structures or use; and

(2)

The review authority first finds that the reduced setback enhances and protects the historic development pattern of the preservation district or any adjacent contributing properties and that approving a reduced setback facilitates a superior project.

F.

West End Preservation District.

1.

Designation. The West End Preservation District was designated by the City Council on August 13, 1996 (Resolution #22811) after recommendation by the Cultural Heritage Board on May 28, 1996 (Resolution #0063).

2.

Boundaries. The West End Preservation District is bounded by West 9th Street on the north; Santa Rosa Creek and West 6th Street on the south; Northwestern Pacific Railroad tracks on the east; and North Dutton Avenue on the west. See Figure 2-2.

==> picture [370 x 294] intentionally omitted <==

Figure 2-2—West End Preservation District

3.

Context statement. The West End Preservation District is significant for architecture as a large and reasonably intact 19th and early 20th century working-class residential district comprised of small houses on the "wrong side of the tracks," and for its ethnic history as Santa Rosa's large and long-standing Italian neighborhood. The large 'Italian Town' in and around the West End district is Santa Rosa's only historic ethnic neighborhood. Besides representing a good cross section of very modest residential architecture of the 1870s through the 1940s, the West End shows traces of its heritage in its rustic landscaping, stonework and folk art, and the generally handmade character of the home improvements.

The residential development of the District can be seen in the architectural progression of West 6th, 7th, and 8th Streets. Early construction can be found on West 6th Street, examples of the late 1890s on West 7th Street, and earth 20th century styles are visible on West 8th Street. These streets combined with others in the District are an important part of the historic building fabric. The DeTurk Winery and the Burris Distillery buildings are important early commercial/industrial buildings. The DeTurk Round Barn, which is unusual in its design and one of few in the country, is currently used as a public assembly facility.

4.

Period of significance. 1870s to1940s.

5.

Neighborhood character. The West End Preservation District is significant as a predominantly single-family residential neighborhood made up of modest houses on narrow, deep lots. Although a variety of architectural styles are found within the neighborhood, as listed below, homes are predominately bungalows and Queen Anne or Colonial cottages. Although not uniform, front setbacks are generally similar, with some articulation on any given blockface.

Commercial buildings including Franco American Bakery, Starks Steakhouse, Western Farms Center, and community facilities including CHOPS, DeTurk Round Barn, and DeMeo Park contribute to the character of the neighborhood.

6.

Character defining elements.

a.

Architectural style.

b.

Types of buildings.

c.

Building materials

• Predominantly horizontal lap siding. • Stucco.

d.

Neighborhood elements.

G.

Railroad Square Preservation District.

1.

Designation. The Railroad Square Preservation District was designated by the Cultural Heritage Board on

November 14, 1990 (Resolution #0026). The Railroad Square National Register Historic District was listed on the National Register of Historic Places in 1979.

2.

Boundaries. The Railroad Square Preservation District is bounded by 6th Street on the north; 3rd Street on the south; U.S. 101 Freeway on the east; and Santa Rosa Creek on the west. The locally designated

Preservation District encompasses and expands the boundaries of the National Register District. See Figure 2-3.

==> picture [479 x 371] intentionally omitted <==

Figure 2-3—Railroad Square Preservation District

Context statement. The Railroad Square Preservation District is a homogeneous mixture of building styles and construction techniques, not found elsewhere in the City, that reflect its commercial development during the railroad era, and the final onslaught of post World War II freeway systems which effectively divided the district from the central downtown area and allowed it to retain its links with transportation systems of the past. The district maintains most of its original composition and the commercial storefronts, hotels, and remaining warehouses represent a fairly accurate snapshot of Railroad Square during the height of rail travel and commerce and its rebirth after the 1906 earthquake.

Fourth Street, the main thoroughfare through the District, begins as a tree shaded park located next to a 1904 Railroad Depot (4th Street and Wilson Street) constructed from locally quarried basalt. The Depot is one of four such blue basalt buildings located within the District, all of which are of significant historic and architectural value (Western Hotel at 10 4th Street, LaRose Hotel at 100 5th Street, and REA Express Building at 9-11 5th Street). Along 4th Street is a series of one-story brick commercial buildings built from 1915 to 1925. Adjacent to the railroad tracks, which form a ribbon through the western end of the District, is a series of brick warehouses built from 1888 to 1914. The commercial brick buildings located in the District are of particular importance because the 1906 and 1969 earthquakes, as well as urban renewal, destroyed most of those found within Santa Rosa City limits.

4. Period of significance. 1888 to1923.

District character. Railroad Square is comprised of five distinct architectural areas which reflect the evolution of this historic commercial district: west of the tracks with brick warehouses and wooden loading docks (1888 to 1915); 3rd Street between Wilson and Davis Streets with newer buildings; South side of 4th Street with predominately painted brick storefronts built after the 1906 earthquake; and the north side of 4th Street with Mission Revival Style false front buildings built between 1911 and 1913. The signature blue basalt buildings built between 1903 and 1915 and surrounding Depot Park are the architecturally significant buildings that qualified the District for its National Register designation.

Existing buildings in the District are typically single-story, with heights ranging from 22 to 27 feet. The dominant building materials are brick, painted and unpainted, stone masonry (basalt), and stucco. The color palette of the district is generally muted. Glass transoms and large storefront windows are typical of storefronts. Historic window types are generally wood, painted metal, or copper.

Roof parapets are found on most commercial storefronts, obstructing flat or low pitched roofs and screening roof equipment from street level view. Although the heights of the parapets vary, they are usually harmonious with adjacent buildings. Windows on the upper façades are regularly spaced.

Buildings reflect a commercial theme with simple detailing and human scale. In addition to the commercial brick buildings on the south side of 4th Street and the four basalt buildings in the district, common architectural themes are rooted in the Mission Revival and Spanish Revival architectural styles.

Character defining elements.

a.

Architectural style.

b.

Building types.

c.

Building materials.

d.

Neighborhood elements.

• Building placement is at zero setbacks. • Typically constructed at 100 percent lot coverage. • Historic color pallet of the district is generally muted. • Windows on the upper façades are regularly spaced. • Large building façades are divided into multiple storefront bays. • Storefronts are typically divided into 20-foot wide increments with a uniform pattern. • Large storefront windows are 10 feet with transoms above and a wood panel or glazed tile kickplate beneath. • Storefront have single light wood framed entry doors that are recessed. • Glazed decorative tile detailing and wood paneling below windows is typical. • Heights of the parapets vary, but they are usually harmonious with adjacent buildings. • Signage appropriate to the era. • Period light fixtures. • Sidewalks with brushed cement and two-foot squares.

7.

Signs. Retaining and restoring original signs which have traditionally linked Railroad Square buildings to their environment is a primary goal. New signs shall be designed to be compatible with the character of Railroad Square in size, scale, material, and color. In approving sign permits for Railroad Square, the review authority shall make the consider the following criteria:

a.

The original signs and building graphics have been restored wherever possible. The size, type, location and quantity shall be calculated in compliance with Zoning Code Chapter 20-38, which regulates signs;

b.

The proposed signs are compatible with the character of the building and the district in terms of scale, materials, and color;

c.

The proposed sign adheres to Railroad Square's overall design concept of retaining and enhancing the distinctive architectural character that existed between 1900 and the1930s;

d.

The proposed signage is oriented to the pedestrian as the primary user of the Railroad Square historic specialty shopping area; and

e.

Signage for upper story tenants is comprised of painted lettered window signs similar to the gold-leaf type or similarly compatible.

H.

St. Rose Preservation District.

1.

Designation. The St. Rose Preservation District was designated by the Cultural Heritage Board on November 28, 1990 (Resolution #0027).

2.

Boundaries. The St. Rose Preservation District is bounded by Lincoln Street (properties on both sides) on the north; 6th and 7th Streets on the south; B Street (properties on both sides) on the east; and Morgan Street on the west. See Figure 2-4.

==> picture [447 x 473] intentionally omitted <==

Figure 2-4—St. Rose Preservation District

3.

Context statement. The St. Rose Preservation District is significant for its architecture as a cross-section of Santa Rosa's residential building types and some institutional and commercial types. Though primarily

residential, the district has this variety because it is adjacent to Santa Rosa's commercial core, and because similar variety, perhaps less intense, used to exist in most residential neighborhoods prior to the advent of zoning restrictions. Dates of construction vary from 1872 to 1948, but the big growth came in the early 1920s with nearly 40 new houses, all single-story, mostly bungalows along Lincoln St. Notable exceptions to the modest residences are some of Santa Rosa's grandest surviving 19th century residences.

The district grew up around St. Rose Church and school, but its main cohesiveness today results from its surroundings. In addition to the houses, the residential building types found in the district include duplexes, small apartment buildings, and a small late bungalow court. Commercial types include three Art Deco office buildings. The most prominent institution is St. Rose Church, a Romanesque Revival stone structure built by local Italian stone masons in 1900. The large St. Rose School is on another face of the same block. The Santa Rosa Post Office relocated to the St. Rose Preservation District in 1979 and is listed on the Na-tional Register; it is one of more than 12 buildings that have been moved into the district.

Period of significance. 1872 to 1948.

5.

Neighborhood character. The St. Rose Preservation District is primarily residential with a wide range of architectural styles as shown below. The northern portion of the district has vernacular versions of the architecture reflective of residential growth in the 1920s. Houses in the southern portion of the district were built in the 1800s and reflect an older period of development.

Residential parcels are generally 40 to 50 feet wide. Single car detached garages are located on rear lot lines with narrow driveway access. Generally uniform front setbacks are found on any given block face. When

found, front yard fences are typically three-foot tall picket. St. Rose has maintained the traditional two-foot sidewalk squares within the public right-of-way.

Houses are typically small, simple, and one story with stylistic elements appropriate to their dates of construction. There are several large and elaborate houses sprinkled throughout the district (Italianate, Stick, and Queen Anne). Houses are generally wood framed with narrow clapboard or shingle exteriors, although some examples of stucco exterior are found. Full or partial width porches with orientation toward the street are typical. Double hung wood sash windows in simple rectangular form are common. Multi-pane windows are also typical. Front doors generally include windows.

6.

Character defining elements.

a.

Architectural styles.

b.

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.

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.

==> picture [478 x 283] intentionally omitted <==

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.

b.

Building materials.

• Predominantly wood siding. • Stucco.

c.

Building heights.

• Predominantly single-story.

• Two-story.

d.

Neighborhood elements.

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.

==> picture [461 x 373] intentionally omitted <==

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.

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.

d.

Neighborhood elements.

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.

==> picture [420 x 498] intentionally omitted <==

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.

b.

Building materials.

• Predominantly wood siding (shingle, shiplap, and clapboard). • Stucco. c. Building height. • Predominantly single-story. • Two-story.

d.

Neighborhood elements.

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.

==> picture [478 x 351] intentionally omitted <==

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.

b.

Building materials.

• Predominantly wood siding (shingle, shiplap, and clapboard). • Stucco.

c.

Building height.

• Predominantly single-story. • Two-story.

d.

Neighborhood elements.

• 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.

==> picture [312 x 514] intentionally omitted <==

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.

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.

(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).

==> picture [518 x 297] intentionally omitted <==

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:

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.

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.

==> picture [491 x 220] intentionally omitted <==

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.

==> picture [496 x 383] intentionally omitted <==

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.

nning 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.

(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.

==> picture [518 x 232] intentionally omitted <==

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

==> picture [249 x 116] intentionally omitted <==

==> picture [260 x 121] intentionally omitted <==

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

==> picture [342 x 251] intentionally omitted <==

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

==> picture [342 x 237] intentionally omitted <==

Key

Design Site Line/Property Public Realm Boundary

Figure 2-21

Height MMH Small (-MMH-S) MMH Medium (-MMH-M)

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.

==> picture [306 x 103] intentionally omitted <==

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

==> picture [247 x 212] intentionally omitted <==

==> picture [262 x 226] intentionally omitted <==

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.

==> picture [281 x 225] intentionally omitted <==

==> picture [228 x 186] intentionally omitted <==

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

==> picture [239 x 237] intentionally omitted <==

==> picture [245 x 237] intentionally omitted <==

Key

Design Site Building Setback Line

Key

Design Site Frontage Type Setback Line 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

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

==> picture [260 x 196] intentionally omitted <==

==> picture [249 x 188] intentionally omitted <==

Key

Design Site Building Setback Line

Key

Design Site Frontage Type Setback Line Open Space

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.)

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

==> picture [171 x 235] intentionally omitted <==

==> picture [179 x 237] intentionally omitted <==

Key

Design Site Building Setback Line

Key

Design Site Frontage Type Setback Line Open Space

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

==> picture [243 x 185] intentionally omitted <==

==> picture [237 x 207] intentionally omitted <==

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

==> picture [254 x 187] intentionally omitted <==

==> picture [238 x 214] intentionally omitted <==

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

==> picture [265 x 200] intentionally omitted <==

==> picture [239 x 235] intentionally omitted <==

Key Key Design Site Line Design Site Line Setback Line Setback Line

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

==> picture [265 x 198] intentionally omitted <==

==> picture [239 x 211] intentionally omitted <==

Key Key Design Site Line Design Site Line Setback Line Setback Line

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

==> picture [265 x 197] intentionally omitted <==

==> picture [237 x 211] intentionally omitted <==

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

==> picture [265 x 196] intentionally omitted <==

==> picture [224 x 212] intentionally omitted <==

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

==> picture [260 x 200] intentionally omitted <==

==> picture [237 x 214] intentionally omitted <==

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.

==> picture [530 x 243] intentionally omitted <==

----- Start of picture text -----
Block Perimeter Design Site Line Development Site Boundary
Figure 2-52 - Block Size Standards
----- End of picture text -----

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.

==> picture [254 x 235] intentionally omitted <==

==> picture [18 x 17] intentionally omitted <==

==> picture [18 x 16] intentionally omitted <==

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.

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.

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

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.

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.

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.

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.

==> picture [349 x 307] intentionally omitted <==

----- Start of picture text -----
W Width
D Depth
Figure 2-58 — Measurement of Wing(s) and Accessory Structures
----- End of picture text -----

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.

==> picture [330 x 259] intentionally omitted <==

----- Start of picture text -----
W Width
----- End of picture text -----

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.

==> picture [330 x 243] intentionally omitted <==

----- Start of picture text -----
W Width
D Depth
Figure 2-60 — Measurement of Courtyard(s)
----- End of picture text -----

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).

==> picture [237 x 310] intentionally omitted <==

==> picture [237 x 290] intentionally omitted <==

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

==> picture [223 x 262] intentionally omitted <==

==> picture [205 x 260] intentionally omitted <==

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.

==> picture [518 x 276] intentionally omitted <==

Figure 3-1 – Setback with defined bank (see exceptions Section 20-30.040.D.4.)

==> picture [518 x 201] intentionally omitted <==

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.

==> picture [258 x 208] intentionally omitted <==

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.

==> picture [518 x 607] intentionally omitted <==

==> picture [176 x 11] intentionally omitted <==

----- Start of picture text -----
Figure 3-4—Allowed Fence Height
----- End of picture text -----

==> picture [325 x 222] intentionally omitted <==

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.

==> picture [518 x 203] intentionally omitted <==

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.

==> picture [386 x 310] intentionally omitted <==

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.

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.

==> picture [306 x 219] intentionally omitted <==

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.

==> picture [239 x 125] intentionally omitted <==

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.

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)

Chapter 20-31 DENSITY BONUS AND OTHER DEVELOPER INCENTIVES (§ 20-31.010 – § 20-31.110)

This chapter is intended to provide incentives for the production of Affordable Housing, Specialized Housing, Senior Housing and the development of Child Care Facilities. In enacting this chapter, it is the intent of the City of Santa Rosa to implement the goals, objectives, and policies of the General Plan and applicable specific plans, implement the Santa Rosa Housing Action Plan to address housing needs in the community, and ensure consistency between local regulations and California Government Code Section 65915 (State Density Bonus Law).

hild Care Facilities. In enacting this chapter, it is the intent of the City of Santa Rosa to implement the goals, objectives, and policies of the General Plan and applicable specific plans, implement the Santa Rosa Housing Action Plan to address housing needs in the community, and ensure consistency between local regulations and California Government Code Section 65915 (State Density Bonus Law).

State Density Bonus law shall apply city-wide to eligible projects as defined in this chapter and in State law. In addition, a Supplemental Density Bonus is available for eligible projects located within the North Station Specific Plan and Downtown Station Specific Plan as outlined in this chapter.

In the event that any provision in this chapter conflicts with State law, State law shall control. (Ord. 2019-002 § 1; Ord. 2021-014 § 3; Ord. 2023-006, 6/6/2023)

The following terms used in this chapter shall be defined as follows:

Affordable Housing. A housing unit which is available for rent or sale to households with income levels at the extremely low-, very low-, low-, or moderate-income level as those terms are defined in this Section. Affordable Housing (100% affordable). One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

Affordable Rent. Monthly rent charged to extremely low-, very low-, low-, and moderate-income households for housing units as calculated in accordance with Section 50053.b of the California Health and Safety Code. Base Project. The number of housing units included in the Housing Development prior to the inclusion of any units granted through a Density Bonus.

Bedroom. A habitable space within a dwelling unit in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. A bedroom shall include two methods of ingress and egress, and be a minimum of 70 square feet, with no linear dimension smaller than 7 feet.

Child Care Facility. A facility that provides non-medical care and supervision of minor children for periods of

less than 24 hours and is licensed by the California State Department of Social Services, further subject to the definition in California Government Code Section 65915(h)(4).

Common Interest Development. Defined in California Civil Code Section 4100 to mean: (a) a community apartment project; (b) a condominium project; (c) a planned development; or (d) a stock cooperative.

Density Bonus Housing Agreement. A legally binding agreement between an Applicant and the Housing Authority of the City of Santa Rosa (Housing Authority) to ensure that continued affordability of the affordable housing units required by this Chapter persists and the units are maintained in accordance with this Chapter. Density Bonus Units. Those additional residential units granted pursuant to the provisions of this chapter. Density Bonus. See Division 7 (Glossary)

Development Costs. "Development costs" means the aggregate of all costs incurred in connection with a Housing Development which are approved by the City as reasonable and necessary, including, but not limited to, those costs listed in California Health and Safety Code Section 50065.

Development Standard. A site or construction condition, including, but not limited to, minimum lot area per unit requirement, height limits, required setbacks, maximum floor area ratio, onsite open-space requirement, or required parking that applies to a residential development pursuant to any ordinance, General Plan, Specific Plan, charter, or other local condition, law, policy, resolution, or regulation. Downtown Station Area Specific Plan. See Zoning Ordinance Section 20-28.060 (Downtown Station Area (-DSA) combining district).

Eligibility Points. The number of Eligibility Points that is calculated pursuant to Section 20-31.070

(Supplemental Density Bonus) must be earned by an applicant for a Housing Development to establish eligibility for a Supplemental Density Bonus. Eligibility Points are earned through the provision of affordable housing units, or through the provision of affordable housing together with approved community benefits as provided in this chapter.

Equivalent Size . Equivalent size for the purposes of enforcing affordable housing replacement unit provisions outlined in this chapter shall mean that replacement units must contain at least the same total number of bedrooms as the units being replaced.

Family-Size Units. A dwelling unit with three or more bedrooms.

Housing Authority of the City of Santa Rosa An appointed body of the City authorized to engage in or assist in the development or operation of affordable housing.

Housing Development. A development project of five or more residential units, including mixed-use developments. For the purposes of this chapter, "Housing Development" also includes projects defined in California Government Code Section 65915(i), including a subdivision or Common Interest Development, as defined in Section 4100 of the California Civil Code, approved by a City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

ntial units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

Incentives or Concessions. Regulatory Incentives or Concessions which include, but are not limited to, the reduction of site development standards or Zoning Code requirements, approval of mixed-use zoning in conjunction with the Housing Development, or any other regulatory Incentives or Concessions proposed by the Applicant or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for affordable rents as outlined in this Chapter.

Income (Household), Extremely Low. A household whose gross income does not exceed 30 percent of the area median income for the Santa Rosa Metropolitan Area, adjusted for family size, as published and periodically updated by the U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development, pursuant to Section 50079.5 of the California Health and Safety Code.

Income (Household), Low. A household whose gross income does not exceed 80 percent of the area median income for the Santa Rosa Metropolitan Area, adjusted for family size, as published and periodically updated by the U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development, pursuant to Section 50079.5 of the California Health and Safety Code.

Income (Household), Lower. A household whose gross income falls under the categories or extremely low-, very low-, or low-income as those terms are defined in this Section.

Income (Household), Moderate. A household whose gross income does not exceed 120 percent of the area median income for the Santa Rosa Metropolitan Area, adjusted for family size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Sections 50079.5 and 50052.5 of the California Health and Safety Code.

Income (Household), Very Low. A household whose gross income does not exceed 50 percent of the area median income for the Santa Rosa Metropolitan Area, adjusted for family size, as published and periodically updated by U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

Income (Household), Very Low.** A household whose gross income does not exceed 50 percent of the area median income for the Santa Rosa Metropolitan Area, adjusted for family size, as published and periodically updated by U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

Initial Subsidy. The fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (e.g., X (fair market value of the home to be purchased) Y (the price the moderate-income family paid for the home) + Z (amount of any down payment assistance) = Initial Subsidy).

Located within one-half mile of a Major Transit Stop. Means that any point on a proposed development, for which an applicant seeks a Density Bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this chapter, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit

authority or other local agency operating a major transit stop. A different definition of "located within one-half mile of a major transit stop," found in Section 20-70.020, may apply if the project falls under certain provisions of Section 65915, subdivision (p), paragraph (2) of the Government Code pertaining to moderate income projects.

Lower Income Student. Students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student for this income level shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution(s) of higher education involved in the proposed Density Bonus Housing Development, or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government.

Major Transit Stop. Defined in Section 20-70.020. However, for the purposes of this chapter, a major transit stop also includes major transit stops that are included in the applicable regional transportation plan. See above definition of "located within one-half mile of a major transit stop."

Maximum Allowable Density. The maximum number of dwelling units under the zoning ordinance, specific plan, or land use element of the General Plan, or if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan or land use element of the General Plan applicable

to the project. 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 a Housing Development located in a General Plan Land Use Designation and Zoning District without a defined residential density limit, the Maximum Allowed Density shall be imputed

by the Housing Development plan, submitted by the Applicant and subject to approval by the Director, which demonstrates the maximum number of dwelling units, without the inclusion of Density Bonus Units or associated Incentives, Concessions, waivers, and reductions, that can be developed on the site in substantial conformance with General Plan policies, and applicable Development Standards and Design Guidelines.

North Santa Rosa Station Area Specific Plan. See Zoning Ordinance Section 20-28.070 (North Station Area (-SA) combining district).

Proportionate Share of Appreciation. The ratio of the local government's initial subsidy as defined above to the fair market value of the home at the time of initial sale. (e.g., X (initial subsidy) ÷ Y (fair market value) = Proportionate Share of Appreciation).

Qualified Nonprofit Housing Corporation. For purposes of this section, a qualified nonprofit housing corporation means a nonprofit corporation that meets all of the following requirements:

Replacement Unit. Housing units that are constructed to replace rental dwelling units that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lowerincome; subject to any other form of rent or price control through a valid exercise of police power; or occupied by lower-income households. Replacement unit requirements also apply to dwelling units subject

to these affordability restrictions that have been vacated or demolished in the five-year period preceding the application. Units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-income do not require replacement units to be eligible for a Density Bonus. Residential Density. Notwithstanding Section 20-12.020.C (Calculations), the residential density associated with a Housing Development is the ratio of the number of dwelling units on a lot to the gross lot area in acres, rounded up to the nearest whole number.

s to levels affordable to persons and families of moderate-income do not require replacement units to be eligible for a Density Bonus. Residential Density. Notwithstanding Section 20-12.020.C (Calculations), the residential density associated with a Housing Development is the ratio of the number of dwelling units on a lot to the gross lot area in acres, rounded up to the nearest whole number.

School Facility. A school facility as used in this chapter includes public institutions operated by local, state, and federal governments; chartered schools; magnet schools; private schools; parochial or religious schools. School facilities associated with virtual or online schools; after-school learning and tutoring centers or similar facilities; and private home schools are not considered school facilities for the purposes of this chapter. Senior Citizen Housing Development. A residential development restricted for senior citizen residents developed, substantially rehabilitated, or renovated, that has at least 35 dwelling units in compliance with the requirements of Section 51.3 and 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

Shared Housing Building. A residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by

its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. A shared

housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or level of the shared housing building closest to the street or sidewalk of the shared housing building.

Shared Housing Unit. One or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that means the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

bitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that means the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

Significant, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact to public health and safety, or the physical environment, or on any real property that is listed or eligible for listing, in the California Register of Historical Resources, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to lower-income and moderate-income households. Inconsistency with the Zoning Ordinance or General Plan Land Use Designation shall not constitute a specific, adverse impact upon the public health or safety. In Santa Rosa, specific, adverse impacts include, but are not limited to:

• Development within a Preservation District wherein a proposed development Concession or Incentive would irreparably alter a historic resource, either individual or a district, in a manner that is inconsistent with the Secretary of The Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings .

• • Development on land which does not currently have adequate water or wastewater facilities to service the development, or the provision of such services is infeasible at the level of residential density proposed in the development.

Specialized Housing. A Housing Development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

Total Units or Total Dwelling Units. A calculation of the number of units* that:

Unobstructed Access. Unobstructed access means a resident of a Housing Development has pedestrian access to a Major Transit Stop or a fixed bus route without encountering natural or constructed impediments including freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

(Ord. 2019-002 § 1; Ord. 2021-014 §§ 4–10; Ord. 2023-006, 6/6/2023; Ord. 2025-001, 1/28/2025)

At the time the Applicant of a proposed Housing Development, seeking a Density Bonus and Concessions or Incentives under this chapter, files a Density Bonus application with the Department the Applicant is required to submit a Density Bonus Worksheet and the following information:

A.

State Density Bonus applications. For a project seeking a Density Bonus pursuant to State law, the following information is required:

1.

Signed and completed Density Bonus application form.

2.

Signed and completed Density Bonus application Submittal checklist.

3.

The location, acreage, residential density, and the maximum number of base units allowed under the Zoning and the Land Use Designation under the General Plan without the Density Bonus.

4.

The total number of the following:

a.

Market rate units in the Base Project;

b.

Affordable Housing units and their targeted income level or other provisions (e.g. land donation), which will demonstrate eligibility for a State Density Bonus under this chapter; and

c.

Density Bonus units to be received, if any (see Section 20-31.040.B (Processing of Density Bonus application))

5.

The requested Concessions or Incentives that will result in identifiable and actual cost reductions to provide for affordable housing costs. This requirement at the time of application does not prevent the applicant from substituting a different Incentive or Concession from what is initially proposed at a later phase of the application.

A clear statement of how the requested Concessions or Incentives result in identifiable and actual cost reductions to provide for affordable housing costs. The information should be sufficiently detailed to enable City staff to examine the conclusions reached by the Applicant.

7.

Projects in areas with no maximum density. The General Plan and Zoning Code include Land Use Designations and corresponding Zoning Districts with no applicable residential density limit. To derive the "maximum allowable density" in these areas, applicants must complete the Maximum Allowable Density Worksheet available in the Planning Division.

B.

Supplemental Density Bonus applications.

1.

A Housing Development requesting a Supplemental Density Bonus shall apply for a Minor Conditional Use Permit pursuant to Chapter 20-52 and subject to the additional findings required by Section 20-31.070.J.

a.

All Supplemental Density Bonus provisions and requirements shall be an in addition to the State Density Bonus provisions outlined in this chapter.

b.

All Supplemental Density Bonus Housing Development projects shall provide affordable housing and other community benefits sufficient to earn the requisite number of Eligibility Points pursuant to Section 20-31.070 (Supplemental Density Bonus).

c.

Supplemental Density Bonuses granted to a Housing Development subject to a Development Plan and Policy Statement shall comply with the requirements of this section, but shall not require a Minor Conditional Use Permit and shall be considered as part of the Development Plan and Policy Statement approval process pursuant to Section 20-26.060 (PD zoning district standards).

2.

Application requirements. In addition to the State Density Bonus application requirements as outlined in subsection A, the Supplemental Density Bonus application shall clearly identify the total number of the following:

a.

Housing units in the Base Project;

b.

Affordable Housing units and the targeted income level provided as a share of the units in the Base Project to qualify for a State Density Bonus, or identification of other qualifying criteria for the State Density Bonus;

c.

Affordable Housing units and the targeted income levels provided as a share of the units in the Base Project in addition to those provided in subsection A, to generate at least 60 percent of the required Eligibility Points for the requested Supplemental Density Bonus as outlined in Section 20-31.070 (Supplemental Density Bonus).

d.

Any additional Affordable Housing units and the targeted income levels provided as a share of the units in Base Project, or specified community Benefits pursuant to Section 20-31.070 (Supplemental Density Bonus) to generate the remaining 40 percent of the required Eligibility Points for the requested Supplemental Density Bonus as outlined in Section 20-31.070 (Supplemental Density Bonus).

Housing Developments requesting a Supplemental Density Bonus that generate the requisite number of Eligibility Points shall receive a total of three Incentives or Concessions inclusive of Incentives and Concessions received under State Density Bonus provisions. No Housing Development requesting a Supplemental Density Bonus shall receive more than three Incentives or Concessions. Applications for a Supplemental Density Bonus shall identify any additional Concessions or Incentives that will result in identifiable and actual cost reductions to provide for affordable housing costs associated with the Supplemental Density Bonus, if not already identified in the State Density Bonus application.

a.

Requested Incentives or Concessions to qualify for a State Density Bonus can be utilized to offset the cost of affordable housing associated with establishing eligibility for a Supplemental Density Bonus.

b.

Projects that qualify for a State Density Bonus but are not entitled to Incentives or Concessions, such as land donations and senior citizen projects, shall be eligible for three Incentives or Concessions if eligible for a Supplemental Density Bonus.

c.

Cost Reduction Statement. A clear statement of how requested Concessions or Incentives result in identifiable and actual cost reductions to provide for affordable housing costs, if not already defined in the application for a State Density Bonus. The information should be sufficiently detailed to enable City staff to examine the conclusions reached by the Applicant.

(Ord. 2019-002 § 1; Ord. 2021-014 §§ 11–14; Ord. 2023-006, 6/6/2023)

A.

Concurrent processing. Once deemed complete, the Density Bonus application shall be processed, and determinations made concurrent with the planning entitlement(s) for the Housing Development. B.

Applicants are entitled to accept a lesser percentage of Density Bonus, including, but not limited to, no increase in density than they are otherwise eligible to receive pursuant to this chapter and California Government Code Section 65915. The amount of density increase, if any, that is accepted by the applicant shall not reduce or otherwise impact eligibility for requested Incentives and Concessions, waivers or reductions associated with an eligible project.

C.

Review authority. A request for a Density Bonus will be reviewed by the Director, or the same review authority as the Housing Development's other entitlements, if applicable. The reviewing authority shall not grant the Density Bonus and requested Incentive(s) or Concession(s) unless the findings in Section 20-31.090.B (Available Incentives and Concessions) are made.

D.

Priority processing. A Housing Development including at least 20 percent of total units affordable to lower income households, with the affordability maintained through an agreement with the Housing Authority or another governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the Housing Development and all associated applications as mutually agreed to by the City and the Applicant.

E.

Application for Density Bonus Housing Agreement. Once the proposed Housing Development has received its approval for a State or Supplemental Density Bonus, as described above, the Applicant shall file an application, including the payment of any processing fees with the Housing Authority, for approval and

finalization of the Density Bonus Housing Agreement in compliance with the requirements set forth in Section 20-31.100 (General Provisions for Density Bonuses and Incentives or Concessions).

(Ord. 2019-002 § 1; Ord. 2023-006, 6/6/2023; Ord. 2025-001, 1/28/2025; Ord. 2025-011, 9/30/2025)

A.

The City shall consider a Density Bonus and provide Incentives or Concessions, as described in Section 2031.090 (Available Incentives and Concessions), when an Applicant for a Housing Development seeks and agrees to construct a Housing Development that will contain at least one of the following.

1.

Low-income projects. Ten percent of the total units of a Housing Development, including a shared housing building development, strictly for low-income households as defined herein;

2.

Very low-income projects. Five percent of the total units of a Housing Development, including a shared housing building development, strictly for very low-income households as defined herein.

3.

Senior housing projects. A Senior Citizen Housing Development, as defined herein. For purposes of this paragraph, "development" includes a shared housing building development.

For-sale projects. Ten percent of the total dwelling units in a Common Interest Development for persons and families of moderate-income households as defined herein, provided that all units in the development are offered to the public for purchase.

5.

Specialized housing projects. Ten percent of the total units of a Housing Development for Specialized Housing, as defined in Section 20-31.020. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very lowincome units.

6.

Commercial projects. When an applicant of an approved commercial project has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the Applicant development intensity bonuses relative the maximum allowances defined in the General Plan, or Zoning Ordinance if the General Plan does not provide a maximum allowance, as prescribed in California Government Code Section 65915.7 that may include:

a.

Up to a 20 percent increase in maximum allowable intensity in the General Plan. b.

Up to a 20 percent increase in maximum allowable floor area ratio.

c.

Up to a 20 percent increase in maximum height requirements.

d.

Up to a 20 percent reduction in minimum parking requirements.

e.

Use of a limited-use elevator for upper floor accessibility.

f.

An exception to a Zoning Code or other land use regulation.

Redevelopment of existing dwelling units. A Housing Development shall be ineligible for a Density Bonus, and any associated Incentives or Concessions, if the Housing Development involves the redevelopment of existing dwelling units, or dwelling units that have been vacated or demolished in the five-year period preceding the application, that have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to lower-income households or that have been occupied by lower or very low income households, unless the project provides replacement units, and either of the following applies:

a.

The proposed Housing Development, inclusive of the replacement units, contains Affordable Housing units at the percentages required to establish eligibility for a Density Bonus as set forth in Section 20-31.040 (Processing Density Bonus Application); or

b.

Each unit in the Housing Development, exclusive of a manager's unit or units, is affordable to, and occupied by a lower-income household.

8.

Student housing development. A student housing development that sets aside 20 percent of the total units for lower income students, subject to the following requirements:

a.

All units in the Student Housing Development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the Applicant for the Housing Development shall, as a condition of receiving a Certificate of Occupancy, provide evidence to the City that the Applicant has entered into an Operating Agreement or Master Lease with one or more institutions of higher education for the institution(s) to occupy all units of the Student Housing Development with students from that institution(s). An Operating Agreement or Master Lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in the institution(s) to fill all units in the Student Housing Development.

b.

The applicable 20-percent of units in the Housing Development will be used for Lower Income Students.

c.

The applicable 20-percent of units shall be subject to a recorded affordability restriction of 55 years. d.

The rent provided in the applicable units for Lower Income Students shall be calculated at 30 percent of 65 percent of the Area Median Income for a single-room occupancy unit type.

e.

The Housing Development will provide priority for the applicable affordable units for Lower Income Students experiencing homelessness. A Homeless Service Provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless. f.

For purposes of calculating a Density Bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. 9.

One Hundred Percent Lower- and Moderate-Income Projects. One hundred percent of all units in the development, including total units and Density Bonus units, but exclusive of a manager's unit or units, are for

lower income households, as defined herein, except that up to 20 percent of the units in the development, including total units and Density Bonus units, may be for moderate-income households, as defined herein. For purposes of this subparagraph, "development" includes a shared housing building development.

B.

Rental projects and replacement units. If the proposed development is rental units, the replacement units shall be subject to the provisions of California Government Code Section 65915(c):

1.

Fractional units. All replacement calculations resulting in fractional units or number shall be rounded up to the next whole number.

2.

Rental affordability term. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction of at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to Section 20-31.110 (Density Bonus Agreement and Terms). C.

For-sale projects and replacement units. If the Housing Development is for-sale units, the units replaced shall be subject to all the following:

1.

The initial occupant of all for-sale units that qualified the applicant for the award of the Density Bonus shall be persons and families of very low, low, or moderate income, as defined herein for density bonus eligibility.

2.

The units are offered at an affordable housing cost at the appropriate income level as defined in Section 2031.020 (Definitions).

3.

The applicant and City shall establish an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source as outlined in Section 20-31.110 (Density Bonus Agreement and Terms).

D.

Subsections B, C, and D do not apply to an applicant seeking a density bonus for a proposed Housing Development if its application was submitted or processed before January 1, 2015.

E.

When an applicant proposes to construct a housing development that conforms to the requirements of paragraph 1 or 2 of subsection A of this section that is a shared housing building, the City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with permissible Shared Housing Buildings and Shared Housing Units, as defined in this chapter.

(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.

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.

(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:

1. 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.

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:

==> picture [518 x 75] intentionally omitted <==

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.

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.

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.

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.

• 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)

Chapter 20-32 HILLSIDE DEVELOPMENT STANDARDS (§ 20-32.010 – § 20-32.060)

The provisions of this Chapter are intended to:

A.

Preserve and enhance Santa Rosa's scenic character, including its natural waterways, hillsides, and distinctive districts;

B.

Conserve the City's open spaces and significant natural features;

C.

Respect natural features in the design and construction of hillside development; and

D.

Design hillside development to be sensitive to existing terrain, views, and significant natural landforms and features.

(Ord. 3677 § 1, 2004)

A.

Applicability of Chapter. The requirements in this Chapter, and Section 4.5 (Hillside Considerations) of the City's Design Guidelines apply to proposed subdivisions, and all other proposed development or a new land use on that portion of a site with a slope of 10 percent or greater.

B.

Limitations on hillside development. Development proposed on a hillside identified by the visual analysis required by Section 20-32.060 as having significant natural landforms or features shall:

1.

Minimize the alteration of the topography, drainage patterns and vegetation on land with slopes of 10 percent or more;

2.

Not be located on a hillside or ridgeline where a structure would interrupt the view of the skyline from a major public viewpoint identified by the visual analysis; and

3.

Not alter a slope that is greater than 25 percent and identified by the visual analysis as significant and

visually sensitive. Alterations determined by the review authority to be minor may be approved:

a.

For road or driveway construction across slopes greater than 25 percent but determined by the visual analysis to be insignificant;

b.

Over previously constructed slope; or

c.

Within terrain areas determined by the visual analysis to be visually insignificant and/or hidden.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)

A proposed project that is subject to this Chapter shall be authorized by a Hillside Development Permit in compliance with Section 20-32.060 (Hillside Development Permit), in addition to any other permit required by this Zoning Code.

(Ord. 3677 § 1, 2004)

A proposed hillside subdivision shall be designed and constructed in compliance with the City of Santa Rosa Design Guidelines. A proposed subdivision shall also comply with the following standards.

A.

Parcel and building site slope. The average slope of each proposed lot shall not exceed 25 percent. The review authority may exclude what it determines to be significant, permanent, private open space areas from the calculation of average slope.

B.

Roads. Each new road shall be located and designed to follow natural terrain contours to the maximum extent feasible, minimize grading, and minimize the visibility of streets from other areas within the City. Proposed driveways shall comply with the requirements of Section 20-32.050.

(Ord. 3677 § 1, 2004)

Each structure shall be located in the most accessible, least visually prominent, most geologically stable, portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site to the maximum extent feasible. Siting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.

A.

Site access. Each driveway shall be located and designed to follow natural terrain contours to the maximum ex-tent feasible, minimize grading, and comply with the following standards.

1.

Shared driveways that serve more than one parcel are encouraged, and may be required, to reduce the total amount of grading and pavement.

2.

Drainage from a driveway shall be directed in a controlled manner to the drainage facilities of the nearest road wherever feasible, subject to the approval of the City Engineer.

3.

A driveway shall not have a grade steeper than five percent within 10 feet of a garage or carport entry. Driveway finished grade shall not exceed an average of 15 percent.

B.

Setbacks. A proposed structure shall comply with the following setback requirements instead of those of the applicable zoning district, except Accessory Dwelling Units, as stated in Section 20-42.120.E.

C.

Side and rear setback from slope. Where 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; provided that the distance from the base of the structure to the toe of the slope shall be a minimum of five feet. See Figure 3-9.

==> picture [408 x 260] intentionally omitted <==

Figure 3-9 – Side Setback Measurement

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 3)

A.

Purpose. The Hillside Development Permit provides a review process for the City to consider the appropriateness of proposed development on hillside parcels, to ensure that a proposed project minimizes its visual and environmental impact.

B.

Applicability. A Hillside Development Permit is required to authorize any proposed development that is subject to the requirements of this Chapter.

C.

Application filing and processing. An application for a Hillside Development Permit shall be filed and processed in compliance with Chapter 20-50 (Permit Application Filing and Processing). A Hillside Development Permit application shall include all information and materials required by Section 20-50.050 (Application Preparation and Filing), and the following additional information.

1.

Site topography. A topographic map of the entire parcel with a contour interval of two feet, which shall also identify the proposed building site, and all areas of the site with slopes of less than 10 percent, all areas of the site with slopes between 10 percent and 25 percent, and all areas of the site that are more than 25 percent.

2.

Geotechnical report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, the review authority may also require a final geotechnical report.

3.

Visual analysis. An application for a subdivision, multiple dwellings, and non-residential projects shall include a visual analysis prepared in compliance with Section 20-50.090 (Visual Analysis), and shall include identification of:

a.

Significant natural landforms on the site. These shall include slopes greater than 25 percent, groves of trees, and/or open meadows, that are highly visible from multiple public viewpoints within the city; and

b.

Major public viewpoints from which the site contributes to community character, which include Highways 101, 12, and other vantage points.

D.

Review authority.

1.

Commission approval. The following shall require the approval of a Hillside Development Permit by the Commission.

a.

Subdivision. A proposed subdivision shall require a Hillside Development Permit in addition to the approval of a Tentative Map, and Parcel Map or Final Map in compliance with Title 19 (Subdivisions) of the City Code.

b.

Multiple dwellings. The construction of two or more dwellings in the same subdivision by the same developer.

c.

Nonresidential projects. The construction of a non-residential project.

2.

Zoning Administrator approval. The Zoning Administrator may approve a Hillside Development Permit for: a.

Single dwelling. The construction of one dwelling on an existing parcel; and b.

Addition to existing dwelling. An addition to an existing dwelling that increases floor area by more than 10 percent. The 10 percent calculation shall also include all porch and deck additions. The Zoning Administrator may also choose to refer the matter to the Commission for a decision. (An addition that increases existing floor area by 10 percent or less shall require a Zoning Clearance (Section 20-52.020).)

E.

Project review, notice, and hearing. Each application shall be analyzed by the Director to ensure that the proposed project is consistent with the purpose and intent of this Section.

1.

Commission review. Where Subsection D.1 requires that a Hillside Development Permit application be considered by the Commission:

a.

The Director shall submit a staff report and recommendation to the Commission;

b.

The Commission shall conduct a public hearing on an application for a Hillside Development Permit prior to the approval or disapproval of the permit; and

c.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).

2.

Zoning Administrator review. Where Subsection D.1 requires that a Hillside Development Permit application by considered by the Zoning Administrator, public notice shall be provided in compliance with Chapter 20-66 (Public Hearings), and as follows.

a.

Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Hillside Development Permit 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, conditionally approve, or disapprove a Hillside Development Permit application, and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first finding that:

1.

Site planning minimizes the visual prominence of hillside development by taking advantage of existing site features for screening, including tree clusters, depressions in topography, setback hillside plateau areas, and other natural features;

2.

Site development minimizes alteration of topography, drainage patterns, and vegetation on land with slopes of 10 percent or more;

3.

Site development does not alter slopes of greater than 25 percent, except in compliance with Section 2032.020.B (Applicability—Limitations on hillside development);

4.

Project grading respects natural features and visually blends with adjacent properties;

5.

Building pad location, design, and construction avoids large areas of flat pads, and building forms are instead "stepped" to conform to site topography;

6.

The proposed project complies with the City's Design Guidelines;

7.

The proposed project complies with the requirements of this chapter and all other applicable provisions of this Zoning Code;

8.

The proposed project is consistent with the General Plan and any applicable specific plan; and

9.

The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the public health, safety, or general welfare. G.

Conditions of approval. In approving a Hillside Development Permit, the review authority may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F.

H.

Post approval procedures. The procedures and requirements in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Division 6 (Zoning Code Administration), shall apply following the decision on a Hillside Development Permit.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 8, 2011)

Chapter 20-33 RESIDENTIAL DEVELOPMENT ON COMMERCIAL OR EDUCATIONAL LANDS (§ 20-33.010 – § 20-33.030)

The "Middle-Class Housing Act of 2022" (Chapter 4 Section 65852.24 of Division 1 of Title 7 of the Government Code) and the "Affordable Housing and High Road Jobs Act of 2022" (Chapter 4.1, commencing with Section 65912.100, of Division 1 of Title 7 of the Government Code) are hereby adopted by reference and incorporated into this code except as expressly superseded, amended, or not adopted by the local amendments set forth in this chapter.

Government Code Section 65852.24 deems a housing development project to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements related to density, public notice, comment, hearing or other procedures, site location and size, consistency with a sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.

Government Code Section 65912.100 et seq. authorizes a development proponent to submit an application for a housing development that meets specified objective standards, affordability, and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one or two streamlined, ministerial processes. Further, those Government Code sections require that certain wage and labor standards be met, including a requirement that all construction workers will be paid at least the general prevailing rate of wages.

(Ord. 2023-006, 6/6/2023)

The following terms used in Section 20-33.030 shall be defined as follows:

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.

Qualifed 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)

Chapter 20-34 LANDSCAPING STANDARDS (§ 20-34.010 – § 2034.070)

This chapter establishes landscape standards to mitigate the effects of urbanization on the environment and to provide for an aesthetically pleasing urban setting. It is the intent of this section to establish a measure of consistency in landscaping for new projects as well as providing a mechanism to require updating and upgrading of existing landscaping in existing developments when improvements are proposed. It is also the intent of this chapter to encourage optimum use of drought-tolerant plant materials in conjunction with water-conserving automatic irrigation systems.

(Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007)

The provisions of this chapter apply to all land uses as follows. See also Section 4.1 (Landscaping) of the City's Design Guidelines.

A.

New projects. New nonresidential projects, multi-family residential projects, and single-family residential projects shall provide landscaping in compliance with the requirements of this chapter. B.

Existing development. The approval of any permit for physical alterations and/or changes in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter. When landscaping is required, the landscape and irrigation improvements shall be installed prior to final building inspection.

C.

Alternatives to requirements. Modifications to the standards of this section may be approved by the appropriate authority to accommodate alternatives to required landscape materials or methods, where it is first determined that the proposed alternative will be equally effective in achieving the intent of this section. D.

When in conflict with City Code Chapter 14-30, Water Efficient Landscape, Chapter 14-30 shall control. (Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007; Ord. 2021-012 § 21)

Each application for approval of a project subject to this chapter shall not be approved until plans and written material showing how the landscaping requirements are to be met are reviewed and approved.

A.

Plan preparation. Landscape plans shall be prepared by a landscape architect or other person qualified by education and experience to prepare landscape plans.

B.

Plan content. The degree of specificity of landscape plans and written material shall relate to the type of permit or request for approval being sought. Landscape plans shall include the information and materials required by the City of Santa Rosa Landscape Ordinance (City Code Chapter 14-30).

C.

Water-efficient landscape criteria. Landscape and irrigation plans shall comply with the requirements and guidelines of the City's Water Efficient Landscape Ordinance (WELO), pursuant to City Code Chapter 14-30.

D.

Changes to approved plans. Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the Director.

E.

Compliance with required plans. The construction/installation of landscape and irrigation improvements shall

be accomplished in compliance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

(Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007; Ord. 2021-012 § 22)

Landscaping shall be provided as follows.

A.

Setbacks. The setback and open space areas required by this Zoning Code that are visible from public streets, and easements for utilities and drainage courses shall be landscaped, except where:

Occupied by allowed structures or paving;

2.

A required setback is screened from public view; or

3.

The Director determines that landscaping is not necessary to fulfill the purposes of this Section.

B.

Unused areas. All areas of a project site not intended for a specific use, including pad sites in shopping centers intended for future development, shall be landscaped unless the Director determines that landscaping is not necessary to fulfill the purposes of this chapter.

C.

Expansion of structure, change in use.

1.

Expansion of structure. When existing conforming or nonconforming structures, other than single-family dwellings, are enlarged or increased in capacity by more than 10 percent, or when an expansion in use requires more parking than is presently provided, parking spaces shall be provided in accordance with Table 3-4.

2.

Change in use. When a building's use changes to a new use, for example a retail use to a restaurant, without enlarging the space in which the use is located, there shall be no additional parking required for the new use, except that the new use shall comply with current ADA standards for parking, provided that any deficiency in

parking is no more than 10 spaces, or a 25 percent overall reduction from standard parking requirements, whichever is greater. The determination for no additional parking is made by the Director of Planning and Economic Development.

D.

Measurement of required landscape areas. Wherever this Zoning Code requires landscaping areas of a specified width, the width shall be exclusive of curbs or walls.

(Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007; Ord. 2021-012 § 23) Landscaped areas shall comply with the following standards.

A.

Minimum dimensions. Landscaped areas shall have a minimum interior width of three feet. Landscaped areas containing trees shall have a minimum interior width of four feet.

B.

Height limits. Proposed landscape materials shall be designed to:

1.

Comply with the height limits for landscaping within vision triangles established by Section 20-30.070(E) (Height Measurement and Exceptions—Vision Triangles); and

2.

Not interfere with the proper operation of solar collector devices on adjacent parcels. C.

Protective curbing. Required landscaping on sites within the R-3 and non-residential zoning districts shall be protected with a minimum six-inch high concrete curb, except adjacent to bicycle paths, adjacent to a landscape area designed to receive site drainage, or where deemed unnecessary by the review authority. D.

Irrigation system required. All landscaped areas, except areas to be maintained with intentionally unirrigated native plants, shall be provided an automatic irrigation system in compliance with Section 20-34.060 (Irrigation System Design).

E.

Safety requirements. Landscape materials shall be located so that at maturity they do not:

1.

Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic;

2.

Conflict with overhead utility lines, overhead lights, or walkway lights; or

3.

Block pedestrian or bicycle ways.

F.

Landscape design.

1.

Plant selection and grouping.

a.

Plants with similar water requirements shall be grouped together in distinct hydrozones. b.

Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged.

c.

Properties in the Wildland-Urban Interface Fire Areas (WUI) must adhere to California Fire Code requirements for WUI Fire Areas. Fire prevention shall be addressed on sites in areas identified by the Safety Element of the General Plan as being fire prone by providing fire-resistant landscaping buffers between development areas and naturally vegetated areas, as identified by the Director.

2.

Water features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

G.

Plant materials. Required landscape areas shall include trees, shrubs, and groundcovers, as follows: See also the City's landscape guidelines and plant lists,. available from the Department.

1.

General requirements.

a.

Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to the Santa Rosa environment; color, form, and pattern; ability to provide shade; soil retention, and fire resistiveness. The overall landscape plan shall be integrated with all elements of the project (e.g., buildings, parking lots, and streets) to achieve desirable microclimate and minimize energy demand.

b.

Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees, five-gallon container for specimen shrubs and a one-gallon for mass planting, unless otherwise approved on the basis that the alternate size will achieve the desired immediate effect equally well.

2.

Trees. Tree planting shall comply with the following standards:

a.

Existing trees shall be retained and preserved whenever feasible.

b.

Trees shall not be planted under any eave, overhang, balcony, light standard or other structure that may interfere with normal growth.

c.

Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be provided with root barriers.

d.

Trees shall be staked in compliance with standards provided by the Department.

e.

Number of trees:

(1)

Parking areas: Trees shall be provided within parking areas at a minimum ratio of one tree for each five parking spaces.

(2)

Street setbacks: One per 200 square feet of landscaped area.

(3)

Balance of site: One per 600 square feet of landscaped area.

(4)

Street trees: One per 20 feet of commercial frontage and one per 30 feet of residential frontage. Trees shall maintain 30 feet of distance from any curb return. The Director may modify this requirement depending on

spread of tree at maturity. See Section 1.3 of the City's Design Guideline (Streetscapes).

3.

Groundcover and shrubs.

a.

The majority of areas required to be landscaped shall be covered with groundcover, shrubs, drought tolerant turf, or other types of plants that are predominantly drought tolerant.

b.

Five-gallon size shrubs shall be planted and appropriately spaced in accordance with their size at maturity.

c.

One-gallon size groundcover shall be planted and appropriately spaced in accordance with their size at maturity.

d.

Artificial groundcover or shrubs shall not be allowed.

e.

Crushed rock pebbles, stone, and similar materials shall be allowed up to 15 percent of the total required landscape area. Artificial or synthetic ground covers are not allowed.

f.

Non-turf areas (e.g., shrub beds) shall be top dressed with a bark chip mulch or approved alternative." (Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007; Ord. 2024-012, 11/19/2024)

A.

Control system. All landscaped areas shall be provided with an approved irrigation system that shall include an automatic master control with multi-calendar, timer, and multi-station capabilities.

B.

Runoff and overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including repeat cycles, shall be used to closely match application rates to infiltration rates to minimize runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas in median strips.

(Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007)

A.

Landscape completion certification required. Evidence of the completion of required landscaping and irrigation improvements shall be supplied to the Department by the author of the landscape and irrigation plan, the installer of the landscape or the owner of the property. All landscaping shall have an approved landscape inspection prior to Building Permit Final approval. B.

Maintenance. Landscaping shall be properly maintained at all times.

1.

Irrigation equipment shall be in working condition at all times. 2.

Litter shall be removed from all landscaped areas in a timely fashion.

3.

Turf areas shall be mowed on a regular basis and be kept green. Accumulation of leaves, twigs, bark, and other similar materials shall be removed on a regular basis. Planting areas shall be kept in a weed-free fashion at all times.

Landscaping maintenance shall include:

a.

Pruning, cultivating, weeding, fertilizing, replacement of plants, and watering on a regular basis;

b.

Pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or otherwise be detrimental to neighboring properties; and

c.

The removal of dead, decayed, diseased, or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance.

5.

All landscaping (trees, shrubs, ground cover, turf, etc.) which, due to accident, damage, disease, lack of maintenance, or other cause, fail to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the Director.

(Ord. 3677 § 1, 2004; Ord. 3812 § 2 Att. A, 2007)

Chapter 20-35 RESILIENT CITY STANDARDS (§ 20-35.010 – § 2035.090)

The Resilient City Standards are intended to facilitate the reconstruction and resiliency of areas impacted by a Hazard by addressing housing, economic development, and other crisis related needs within the City. (Ord. 2024-012, 11/19/2024)

A.

This Chapter shall apply to Property Owner(s) with Damaged Property and/or Eligible Property and Displaced Person(s) following declaration of an emergency by City, state, or federal governmental officials relative to a Hazard within the Santa Rosa city limits.

B.

These standards shall apply to parcels within the Santa Rosa City limits that were impacted by the Tubbs and Nuns fires of 2017 as documented by a post disaster assessment for one year following the effective date of the ordinance codified in this chapter, or until December 31, 2025.

C.

These standards shall apply to parcels within the Santa Rosa City limits that were impacted by the Glass fire of 2020 as documented by a post disaster assessment for six years following the declaration of emergency, or until October 28, 2026.

(Ord. 2024-012, 11/19/2024)

A.

These standards shall apply for a period not to exceed six years from the date of the Hazard. These standards shall no longer apply to Eligible Property when a Primary Structure has been constructed, has received final building permit inspections, and has been granted occupancy.

(Ord. 2024-012, 11/19/2024)

A.

Reconstruction and repair of damaged or destroyed structures on an Eligible Property shall be consistent with all applicable zoning regulations and General Plan land use designations in effect as of the date of declaration of the Hazard, with the exception of non-conforming uses, addressed in Subsection E.

B.

In the event of a Hazard, the City Council shall determine if Building permits for Primary Structures on Eligible Property shall be prioritized over building permits in other areas of the City.

C.

Reconstruction of conforming structures. Conforming residential or nonresidential structures on an Eligible Property may be reconstructed as originally permitted (including permitted additions), but shall comply with State and local building, fire and other State and local code standards in effect at the time of building permit application.

D.

Reconstruction of legal nonconforming structures. Notwithstanding Zoning Code Section 20-61.030.B, Structures on an Eligible Property that were legally established, but do not conform to current City standards, and have been damaged or destroyed may be reconstructed or repaired in-kind, meeting current State and local building and fire code standards, provided that:

1.

The building is reconstructed in the same configuration, square footage, height, and use as originally permitted (including permitted additions).

2.

Building overhangs in public and private easements shall adhere to the following:

a.

Public easements. Any portions of the building overhanging into an existing public service or access easement are determined by the City Engineer to have existed prior to becoming Damaged Property, and no expansion of the pre-existing encroachment is proposed. The City Engineer will render a final determination regarding the approval of the easement encroachment in consultation with the Director of the City Department that is charged with the responsibility for any and all City activities within the easement area.

b.

Private easements. Any portions of the building overhanging into an existing private service or access easement are determined by the City Engineer to have existed prior to the Hazard, and no expansion of the pre-existing encroachment is proposed. The City Engineer will render a final determination regarding the approval of the easement encroachment upon receiving written permission from the easement beneficiaries supporting the encroachment; and

c.

Required covenant. The property owner(s) shall execute and record a covenant acknowledging that the City shall have no obligation, responsibility, or liability for the repair, replacement, erection, installation, or

reconstruction of any portions of the structure overhanging a public service easement that are damaged or removed by the City as part of the installation, repair or maintenance of public utilities within or around the easement corridor.

E.

Continuance of nonconforming uses. Notwithstanding Zoning Code Section 20-61.020(D), legal

nonconforming uses of structures on an Eligible Property may be reconstructed or repaired in-kind, meeting current building and fire code standards, and reoccupied with a similar or less intense use, provided that:

1.

Enlargement or expansion of the use is not allowed.

F.

Planned Development zoning districts. An Eligible Property that has a base zoning district of Planned Development shall comply with the development standards of the Policy Statement for that district. Where the development standards in the Policy Statement are silent, the implementing Zoning District consistent with the General Plan Land Use Classification shall apply for the Eligible Property. For implementing Zoning Districts, see Table 2-1 in Chapter 20-20.

G.

Landscaping. When required, Landscape Plans to replace any damaged landscaping shall be submitted with a building permit application for rebuild, repair, and reconstruction. Landscape Plans must adhere to Chapter 14-30, Water Efficient Landscape (WELO) and Chapter 20-34, Landscaping Standards. Properties within the Wildland-Urban Interface Fire Areas (WUI) must meet California Fire Code Requirements. All damaged landscaping must be rehabilitated and/or replaced to the maximum extent feasible as determined by the Director.

H.

Weed Abatement. Eligible Property and Damaged Property must adhere to City Code Chapter 9-08, Weeds and Rubbish and Chapter 18-20 Section 302.4, Weeds. (Ord. 2024-012, 11/19/2024)

A.

Final map requirements. New structures on an Eligible Property that would otherwise be subject to discretionary review with public hearing per the conditions of a Final Subdivision Map, are hereby subject to review and approval by the Director of Planning and Economic Development. Applicable discretionary permit application fees shall be waived.

B.

Final maps may contain setbacks on the face of the map that are more restrictive than those published within the base zoning development standards in effect at the time of building permit application. Final maps may be amended through a Certificate of Correction to reduce the setbacks to align with the base zoning requirements, provided that the original setbacks were not a condition of the original unit construction and intended to mitigate an impact created by the original site development. (Ord. 2024-012, 11/19/2024)

A.

Hillside development. New structures on an Eligible Property that replicate pre-Hazard footprint and building height and are designed in compliance with development standards set forth in Zoning Code Chapter 20-32, Hillside Development Standards, are hereby subject to review and approval by the Director of Planning and Economic Development.

1.

New structures on an Eligible Property that include one of the following shall receive Zoning Administrator Review:

a.

Increase in pre-Hazard footprint by 10 percent or more on slopes 10 percent or greater. b.

Increase in building height.

c.

A new land use on that portion of a site with a slope of 10 percent or greater

d.

New structures on an Eligible Property that would otherwise require Planning Commission review for hillside development.

B.

Design Review. New structures on an Eligible Property that are designed to replicate pre-Hazard footprint and building height, and which are in compliance with applicable design and development standards pursuant to Zoning Code Section 20-52.030 and Section 20-39.030 for Residential Structures, and that further would otherwise be subject to Zoning Administrator review pursuant to Zoning Code Section 2052.030.C, are hereby subject to review and approval by the Director of Planning and Economic Development.

1.

New structures on an Eligible Property that include one of the following shall receive Zoning Administrator Review:

a.

Increase in pre-Hazard footprint by 10 percent or more.

b.

Increase in pre-Hazard building height by 10 percent or more.

c.

New structures and development on an Eligible Property that would otherwise require Design Review and Preservation Board review.

C.

Landmark Alteration. New structures on an Eligible Property within the Historic (-H) Combining District requires architectural compatibility and preservation of damaged structures that will not negatively impact the historic character within the Preservation District while following safety regulations for use and habitation. New structures on an Eligible Property in the Historic Combining District must follow the applicable standards within this section as well as the Secretary of the Interior Standards for Rehabilitation, Restoration, and Reconstruction for Treatment of Historic Properties. See Section 20-58.060, Landmark Alteration Permits, for Landmark Alteration exemptions. New structures on an Eligible Property that involve nonconforming uses and nonconforming structures are subject to the provisions of this Chapter. Landmark Alteration involving local, State, and Federally recognized Landmarks including but not limited to the Church of the One Tree, the McDonald Mansion, and the Luther Burbank Home & Gardens, require a Major Landmark Alteration Permit.

1.

Landmark Alteration on an Eligible Property that is considered a contributor in the Historic Combining District shall be delegated to review by the Zoning Administrator through the Minor Landmark Alteration process in Section 20-58.060. Concept Review by the Design Review and Preservation Board shall be required prior to Zoning Administrator action, subject to the City requirements of Section 20-50.040, Concept Review.

2.

Landmark Alteration on an Eligible Property that is considered a non-contributor in the Historic Combining District are hereby subject to review and approval by the Director of Planning and Economic Development. Concept Review by the Design Review and Preservation Board is required prior to Building Permit submittal, subject to the City requirements of Section 20-50.040, Concept Review.

3.

Architectural compatibility with the Historic District and neighboring properties shall be demonstrated with the preparation of a historical report on the proposed architecture and site plan by a qualified professional that concludes the proposed project will not negatively impact historic resources, the historic character of the district, and is consistent with the Secretary of the Interior Standards for Treatment of Historic Properties.

In the event of a Hazard, the Planning and Economic Development Department shall conduct a study of the damages to determine the necessity to alter or remove the boundary of Preservation Districts and the Historic Combining District and provide recommendations from their findings to the Design Review and Preservation Board and City Council.

D.

Creekside Development. New structures on an Eligible Property within Creekside setbacks, as stated in Section 20-30.040, Creekside Development, that replicate pre-Hazard footprint and building height and are consistent with Section 4.4 (Creeks, Riparian Corridors, and Storm Drainage) of the Design Guidelines, are permitted and are hereby subject to review and approval by the Director of Planning and Economic Development.

1.

New structures on Eligible Property that change the pre-Hazard footprint or building height must follow Creekside setbacks.

2.

New structures on an Eligible Property within Creekside setbacks that replicate pre-Hazard footprint and building height and are consistent with Section 4.4 (Creeks, Riparian Corridors, and Storm Drainage) of the

Design Guidelines that also require Design Review, Hillside Review, or Landmark Alteration shall follow the provisions in Section 20-35.060, Discretionary land use and zoning approvals, for their applicable entitlements.

E.

At least 10 calendar days prior to taking action on any Design Review, Hillside Development, or Landmark Alteration Permit applications for replacement structures that vary from originally permitted footprint or building height, the Director of Planning and Economic Development shall notify, by mail, all persons or entities as set forth in Section 20.66.020.C.1. No public hearing shall be required.

(Ord. 2024-012, 11/19/2024; Ord. 2025-014, 11/18/2025)

A.

Temporary Housing is a permitted use on residential or nonresidential parcels. Temporary Housing is not permitted on Damaged Property. Temporary Housing applicants and permitted users must be one of the following:

1.

Displaced Person.

2.

Property Owner(s) with Damaged Property and/or Eligible Property.

B.

Application filing and processing.

1.

General. Applications for Temporary Housing shall be filed and processed in compliance with Chapter 20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section 20-50.050, Application Preparation and Filing, and provided that the application is following standards listed in this section. 2.

for Temporary Housing shall be filed and processed in compliance with Chapter 20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section 20-50.050, Application Preparation and Filing, and provided that the application is following standards listed in this section. 2.

Ministerial Temporary Use Permit Application. The approval of a Temporary Use Permit for Temporary Housing on Eligible Property shall be considered a ministerial act.

3.

Discretionary Temporary Use Permit Application. The approval of a Temporary Use Permit for Temporary Housing on a property not affected by a Hazard shall be considered a discretionary act for the purpose of the California Environmental Quality Act (CEQA).

4.

Application processing:

a.

Duration. The duration of a Temporary Housing shall not exceed three years from the date of approval of the Temporary Use Permit.

b.

It shall be the responsibility of the property owner to ensure that Temporary Housing units are vacated in accordance with law on or before expiration of the Temporary Use Permit.

c.

A Temporary Use Permit for Temporary Housing can only be acquired once.

d.

Extensions of Temporary Use Permits are prohibited per Section 20-52.040.

5.

Building Permit Application. A Building Permit is required for all temporary housing.

C.

Development and Performance Standards.

1.

Development Standards.

a.

Setbacks. Temporary Housing 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 Temporary Housing unit that complies with all other development standards in this section may be located within the front yard setback of a lot if it is otherwise physically infeasible to locate the Temporary Housing 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.

Temporary Housing shall not exceed 16 feet in height.

c.

Temporary Housing shall not exceed 1,200 square feet. d.

Lot coverage shall not apply to a Temporary Housing unit. 2.

Number of units permitted. The number of temporary housing units, either individual, single-family units, or multi-bed/multi-tenant units, permitted on a parcel shall be consistent with the allowable density established by the General Plan. Zoning Districts that do not have a density established by the General Plan shall follow applicable density requirements listed in Section 20.22.030, Section 20-23.040, Section 20-24.040, or Section 20-26.040. Parcels that do not have a density established by the General Plan, Zoning Code, or are regulated through Floor Area Ratio (FAR) will be allowed 1 unit maximum per parcel. 3.

Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 2030.080, Outdoor lighting.

Temporary Housing Local Contact. For proposals that include group quarters or multiple temporary housing units with five or more units, at least one Temporary Housing Local Contact shall be required. The City will provide mailed notice of permit issuance, local contact information, and applicable Temporary Housing regulations to property owners and tenants within 600 feet of the Temporary Housing site.

5.

Sanitation facilities. The number of bathrooms and showers required on site shall be determined through the building permit process and shall be consistent with the California Building Code.

6.

Parking. Each temporary housing unit shall demonstrate on a site plan the number of automobile parking spaces and bicycle parking spaces required below, except where a greater or lesser number of spaces is required through conditions of approval or state law.

7.

Water and wastewater services. Water and wastewater service shall be available on the site proposed for temporary housing structures unless an alternative source is approved by Santa Rosa Water and complies with any applicable provisions of the California Building Code and California Health and Safety Code.

a.

Water. To protect the public water system, the appropriate approved backflow device shall be required. Initial testing certification of backflow devices is required and shall be performed by an entity as determined by the Director of Santa Rosa Water.

b.

Wastewater. To protect public health, connection to the wastewater system is required. The Director of Santa Rosa Water will determine the appropriate connection requirement.

c.

Santa Rosa Water will require an agreement from owner of the underlying property to assure termination of the connections at the expiration of the temporary use.

8.

Electrical service. Electrical services shall be available on the site proposed for temporary housing structures unless an alternate source is approved by the Planning and Economic Development Director and is in accordance with any applicable provisions of the California Building Code. All temporary or permanent electrical service shall be located on the subject site.

Noise limits. The operation of the site is subject to Santa Rosa Municipal Code Section Chapter 17-16, Noise.

10.

The site shall be cleaned-up and returned to its original condition following termination of the Temporary Housing use.

11.

Temporary Housing shall be located outside the boundaries of any easements.

D.

Multiple Temporary Housing units. For proposals that include group quarters or multiple temporary housing units on a single residential or nonresidential parcel, the application shall also include details of the operations of the use, including, but not limited to, a description of the following:

1.

Number of proposed beds/occupants.

2.

Cooking facilities.

3.

Sanitation facilities and management thereof.

4.

Power source and associated noise mitigation.

5.

Site lighting.

6.

Site security and management, including the number of staff on site at any given time.

7.

Location of proposed parking.

8.

On-going site maintenance.

9.

Duration of temporary housing.

10.

Pedestrian and vehicular circulation, including how units will be moved on and off-site during operation. E.

Rental requirements. Temporary housing shall not be used for rentals with terms of less than 30 days. F.

Findings and decision. A Temporary Use Permit for Temporary Housing may be approved by the Director pursuant to Section 20-52.040(G), Findings and decision. The approval of a Temporary Use Permit for Temporary Housing on property not affected by a Hazard shall be considered a discretionary act for the California Environmental Quality Act (CEQA).

G.

Post approval procedures. Post approval procedures for a Temporary Use Permit for temporary housing shall be as provided by Section 20-52.040(H), Post approval procedures.

1.

Termination of Connection. Termination proceedings for utilities shall initiate within 30 days after expiration of the Temporary Use Permit. The Temporary Housing use shall terminate after utilities have been terminated. (Ord. 2024-012, 11/19/2024)

A.

Temporary Storage is a permitted use on residential and nonresidential parcels only on Eligible Property. Temporary Storage applicants and permitted users must be one of the following:

1.

Displaced Person.

2.

Property Owner(s) with Damaged Property and/or Eligible Property.

B.

Application filing and processing.

1.

General. Applications for Temporary Storage shall be filed and processed in compliance with Chapter 20-50, Permit Application Filing and Processing.

2.

Temporary Use Permit Application. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section 20-50.050, Application Preparation and Filing, and provided that the application is following standards listed in this section. The approval of a Temporary Use Permit for Temporary Storage shall be considered ministerial.

a.

Duration. The duration of Temporary Storage shall not exceed three years from the date of approval of the Temporary Use Permit.

b.

It shall be the responsibility of the property owner to ensure that Temporary Storage is vacated and removed on or before expiration of the Temporary Use Permit.

c.

A Temporary Use Permit for Temporary Storage can only be acquired once.

d.

Extensions of Temporary Use Permits are prohibited per Section 20-52.040.

3.

Building Permit Application. A Building Permit is required for Temporary Storage.

C.

Development and Performance Standards.

1.

Development Standards.

a.

Setbacks. Temporary Storage 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. A Temporary Housing unit that complies with all other development standards in this section may be located within the front yard setback of a lot if it is otherwise physically infeasible to locate the Temporary Housing 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.

Structure height cannot exceed 16 feet and a single story.

c.

Structure square footage cannot exceed 400 square feet.

d.

Lot coverage shall not apply to a Temporary Housing unit.

2.

Number of structures permitted. A maximum of one Temporary Storage structure is allowed per parcel. 3.

Lighting. Lighting is not required. Any external lighting provided shall be in compliance with Section 2030.080, Outdoor lighting.

4.

Parking. Parking is not required. Any provided parking shall comply with Chapter 20-36, Parking and Loading Standards.

5.

Electrical service. Electrical service connection is allowed for Temporary Storage and is in accordance with any applicable provisions of the California Building Code. All temporary or permanent electrical service shall be located on the subject site.

6.

The site shall be cleaned up and returned to its original condition within 30 days following termination of the use.

7.

At all times, the Temporary Storage structure shall be located outside the boundaries of any easements. 8.

Temporary Storage shall not be used for cooking or habitation purposes. D.

Rental requirements. Temporary Storage cannot be rented or used by anyone not listed on the Temporary Use Permit.

E.

Post approval procedures. Post approval procedures for a Temporary Use Permit for temporary storage shall be as provided by Section 20-52.040(H).

1.

Termination of Connection. Termination proceedings for utilities shall initiate within 30 days after expiration of the Temporary Use Permit.

(Ord. 2024-012, 11/19/2024)

Other than City Code provisions within the jurisdiction of the Director of Santa Rosa Water or the Board of Public Utilities, the Director of Planning and Economic Development, and the Director of Transportation and Public Works, shall have the authority to make determinations regarding the applicability of any land use, zoning or related City Code provision not addressed in this Chapter.

(Ord. 2024-012, 11/19/2024)

Chapter 20-36 PARKING AND LOADING STANDARDS (§ 20-36.010 – § 20-36.100)

This Chapter establishes regulations to ensure that sufficient off-street parking facilities are provided for all uses and that automobile and bicycle parking facilities are properly designed, attractive, and located to be unobtrusive yet meet the needs of the specific use.

(Ord. 3677 § 1, 2004; Ord. 3972 § 3, 2011)

Each land use and structure, including a change or expansion of a use or structure, shall provide parking and loading areas in compliance with this Chapter.

A.

A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed.

See also Section 2.4 (Downtown Station Area Site and Building Design), Section 2.6 (Downtown Station Area Parking) and Section 4.2 (Off-Street Parking) of the City's Design Guidelines.

(Ord. 3677 § 1, 2004; Ord. 3972 § 3, 2011; Ord. 2020-014 § 19)

A.

Parking spaces to be permanent. Parking spaces shall be permanently available, marked and maintained for parking purposes for the use they are intended to serve. The Director may approve the temporary reduction of parking spaces in conjunction with a seasonal or intermittent use.

B.

Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation of a premises for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

C.

Restriction of parking facility use. Required off-street parking facilities shall be used exclusively for the temporary parking of vehicles and bicycles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Zoning Code, except where temporary outdoor display is allowed in compliance with Section 20-42.110 (Outdoor Display and Sales).

(Ord. 3677 § 1, 2004; Ord. 3972 § 3, 2011)

Each principally or conditionally permitted use shall provide at least the minimum number of off-street automobile and bicycle parking spaces required by this section, except where parking requirements are adjusted in compliance with Section 20-36.050 (Adjustments to parking requirements). Also see Section 2036.090 (Bicycle parking requirements and design standards).

A.

Parking requirements by land use. Each land use shall be provided the number of automobile and bicycle

parking spaces required by Table 3-4, except where a greater or lesser number of spaces is required through conditions of approval.

B.

Basis for calculations.

1.

Floor area. Where Table 3-4 establishes a parking requirement based on the floor area of a use in a specified number of square feet (e.g., one space per 1,000 square feet), the floor area shall be construed to mean gross floor area.

2.

Fractions. Where application of the requirements in Table 3-4 results in a fractional requirement, a fraction of 0.5 or greater shall be increased to the next higher number and a fraction of less than 0.5 shall be reduced to the next lower number.

C.

Expansion of structure, change in use.

1.

Expansion of structure. When existing conforming or nonconforming structures, other than single-family dwellings, are enlarged or increased in capacity by more than 10 percent, or when an expansion in use requires more parking than is presently provided, parking spaces shall be provided in accordance with Table 3-4.

2.

Change in use. When a building's use changes to a new use, for example a retail use to a restaurant, without enlarging the space in which the use is located, there shall be no additional parking required for the new use, except that the new use shall comply with current ADA standards for parking, provided that any deficiency in parking is no more than 10 spaces, or a 25 percent overall reduction from standard parking requirements, whichever is greater.

D.

Reduction of capacity. No existing parking or loading facility may be reduced incapacity unless sufficient replacement capacity is provided in compliance with this Chapter or a reduction is approved in compliance with Section 20-36.050 (Adjustments to parking requirements). Parking and loading facilities required by this Chapter shall remain available for the loading and parking of motor vehicles. Bicycle parking shall remain available for bicycles. Any contrary use of such facilities shall constitute a violation of this Code. E.

Multi-use sites. A site with multiple uses shall provide the aggregate number of parking spaces required for each separate use, except where:

1.

The site was developed comprehensively as a shopping center, the parking ratio shall be that required for the shopping center as a whole regardless of individual uses listed in Table 3-4; or

2.

The site qualifies for shared parking in compliance with Section 20-36.050 (Adjustments to parking requirements).

F.

Uses not listed. A land use not specifically listed in Table 3-4 shall provide parking as determined by the Director. The Director shall use the requirements of Table 3-4 for similar uses as a guide in determining the minimum number of parking spaces to be provided and may require the applicant to fund a parking study to determine parking demand.

G.

Bench or bleacher seating. Where fixed seating is provided (e.g., benches or bleachers), a seat shall be construed to be 18 inches of bench space for the purpose of calculating the number of required parking spaces.

(Ord. 3677 § 1, 2004; Ord. 3711 § Exh. A, 2005; Ord. 3760 § 3 Exh. A, 2006; Ord. 3950 § 15, 2010; Ord. 3972 §§ 4, 5, 2011; Ord. 3985 § 5, 2012; Ord. 3992 § 4, 2012; Ord. 3995 § 7, 2012; Ord. 3997 § 5, 2012; Ord. 4001 § 7, 2012; Ord. 2017-024 § 6; Ord. 2017-025 § 5; Ord. 2020-001 § 7; Ord. 2020-014 § 20; Ord. 2021-012 §§ 24–26; Ord. 2023-006, 6/6/2023; Ord. 2024-012, 11/19/2024)

A.

Shared on-site parking for residential mixed uses. In a mixed use project, parking may be shared by the different uses. A mixed use project composed of residential and retail uses may reduce the required vehicle parking up to 50 percent of the required parking for either the residential or retail use, whichever is smaller. A mixed use project composed of residential and office or institutional uses may reduce the required vehicle parking up to 75 percent of the required parking for either the residential or office/institutional use, whichever is smaller.

Example: If the separate parking requirements for the residential and retail uses in a mixed use project were 12 spaces and 14 spaces respectively (for a total of 26), the 12 residential spaces (the smaller of the two

requirements) could be reduced by 50 percent, to six for a revised project requirement of 20 spaces. B.

Shared on-site parking for nonresidential uses. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed through Minor Conditional Use Permit approval. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity.

C.

Shared underutilized parking. Underutilized parking for any land use may be shared through a shared parking agreement in accordance with California Government Code Section 65863.1. A shared parking agreement shall be allowed through a Minor Conditional Use Permit approval. Underutilized parking is when 20 percent or more of a development's parking spaces are not occupied during the period in which shared parking is proposed.

A reduction in spaces shall be allowed if a parking analysis prepared by professionals in the planning or parking fields determines the number of spaces that can be shared will fulfill parking requirements. Shared parking arrangements shall be formalized through an agreement recorded against the parcels that are part of the agreement.

D.

Increase or decrease in required parking. Parking requirements may be reduced through the following processes:

1.

Where an applicant requests or where the Director determines that, due to special circumstances, any particular use requires a parking capacity which deviates from the requirements in Table 3-4, the Director shall refer the matter to the appropriate review authority for imposition of an appropriate parking requirement. Parking requirements may be reduced through the following processes:

a.

Minor adjustment (Section 20-52.060). Allows for parking reduction up to 25 percent for projects that do not need a Minor or Major Conditional Use Permit. Examples are when a parking reduction up to 25 percent is needed to approve a Zoning Clearance or a Design Review Application. The Director of Planning and Economic Development may, as a condition of project approval, approve an increase or decrease in parking spaces after first making the following findings:

(1)

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2)

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

b.

Project approval. If the project already requires a Minor Use Permit or Conditional Use Permit, these applications may be used to reduce the amount of parking spaces by any amount. The review authority Zoning Administrator for a Minor Use Permit or Planning Commission for a Conditional Use permit may, as a condition of project approval, approve an increase or decrease in parking spaces after first making the following findings:

(1)

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2)

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

c.

Minor Use Permit. Is used for reductions of over 25 percent when the project does not already include a Minor or Major Conditional Use Permit. Examples are Design Review Applications that request a reduction of over 25 percent and Zoning Clearance with a reduction of over 25 percent. The Zoning Administrator may, as a condition of a Minor Use Permit, approve an increase or decrease in parking spaces after first making the following findings:

(1)

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2)

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

2.

Parking requirements for projects located within the North Santa Rosa Station Area Specific Plan boundaries (see Figure 3-13) may be reduced by the review authority, as a condition of project approval or Minor Conditional Use Permit, when supported by a parking study. The review authority may approve a decrease in parking spaces after first making the following finding:

a.

The number of parking spaces approved will be sufficient for its safe, convenient and efficient operation of the use, and will be compatible with the neighboring properties.

3.

The location of several types of uses or occupancies in the same building or on the same site may constitute a special circumstance warranting the reduction of parking requirements in compliance with this section.

4.

Alternative methods of providing required parking is encouraged within the Downtown and North Santa Rosa Station Area Specific Plan boundaries (see Figures 3-12 and 3-13). Examples of alternative parking methods include:

a.

Tandem parking;

b.

Garage/parking lifts;

c.

Unbundled parking in residential developments;

d.

Parking cash-out and transit incentive programs for businesses;

e.

Projects that are unable to provide the total number of required on-site parking spaces may consider paying for the use of shared spaces within other parking facilities, in-lieu of applying for a parking reduction or variance. A parking study shall be submitted verifying that use of shared spaces in another parking facility shall not create a parking shortage for the business associated with that facility.

Any change in the use or occupancy or any change in the special circumstances described in Subsection C.1.a shall constitute grounds for revocation of the Minor Conditional Use Permit issued in compliance with this section.

==> picture [518 x 345] intentionally omitted <==

Figure 3-12—Downtown Station Area Specific Plan Boundaries (College Avenue to the north, Brookwood Avenue to the east, Sebastopol Road and Highway 12 to the south, and Dutton Avenue and Imwalle Gardens to the west)

==> picture [507 x 387] intentionally omitted <==

Figure 3-13—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)

(Ord. 3677 § 1, 2004; Ord. 3950 § 16, 2010; Ord. 3968 § 9, 2011; Ord. 3972 § 6, 2011; Ord. 3992 § 5, 2012; Ord. 2020-014 § 21; Ord. 2021-012 § 27; Ord. 2025-001, 1/28/2025)

A.

General. In accordance with Section 1129 B of the California Code of Regulations Title 24, Part 2 (Uniform Building Code), each lot or parking structure where parking is provided for the public as clients, guests, or employees, shall provide parking for disabled persons. Disabled parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, disabled parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, disabled parking spaces shall be dispersed and located closest to the accessible entrances. Table 3-5 establishes the minimum number of disabled parking spaces required. More disabled parking spaces shall be required if mandated by subsequent amendments to the Uniform Building Code.

Exception: This subsection shall not apply to existing facilities where compliance with local ordinances precludes satisfying the above requirements or providing equivalent facilitation unless a change of occupancy or expansion occurs.

The following Table 3-5 establishes the minimum number of disabled parking spaces required.

B.

Standard when less than five spaces provided. When there are less than five spaces provided at buildings, one shall be 14 feet wide and lined to provide a nine-foot parking area and a five-foot loading area. However, there is no requirement that the space be reserved exclusively or identified for use by persons with disabilities only.

C.

Parking space size. Disabled parking spaces shall be located as near as practical to a primary entrance and shall be of the dimensions and design provided by the Building Official.

D.

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 parking space.

Exceptions:

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.

==> picture [319 x 278] intentionally omitted <==

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.

==> picture [518 x 205] intentionally omitted <==

Figure 3-12—Minimum Parking Space and Aisle Dimensions

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).

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.

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)

Chapter 20-38 SIGNS (§ 20-38.010 – § 20-38.110)

The regulations established by this Chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs. The purposes of

these limitations and requirements are to:

A.

Promote and maintain economically viable commercial enterprises for the benefit of Santa Rosa's citizens; B.

Encourage signing which identifies businesses in a fair and equitable manner;

C.

Ensure that signs safely attract and direct persons to various destinations;

D.

Protect public and private property values and investment;

E.

Reduce hazards to motorists and pedestrians which result from excessive, confusing, and distracting signs; and

F.

Preserve and enhance the aesthetic quality of the entire community.

(Ord. 3677 § 1, 2004; Ord. 4028 § 2, 2014)

A.

Signs regulated. The requirements of this Chapter shall apply to all signs in all zoning districts, except on a site for which a specific plan has established separate sign regulations.

B.

Applicability to sign content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial. C.

Definitions. Definitions of the specialized terms and phrases used in this Chapter may be found in Division 7, Definitions under "Sign."

D.

Permission of property owner. No sign shall be placed on public or private property without first obtaining permission from the property owner.

E.

Maintenance—Continuing. Each sign in the City shall be maintained in good structural condition at all times. All painted signs shall be kept neatly painted, including all metal parts and supports. The Code Enforcement Officer shall inspect and have the authority to order the painting, repair, alteration, or removal of signs that become dilapidated or are abandoned, or which constitute a hazard to the public safety.

F.

Building Permits required. A building permit is required for any sign that exceeds six feet in height or requires an electrical connection.

G.

Design Guidelines. See Section 4.8 (Signs) of the City's Design Guidelines. (Ord. 3677 § 1, 2004; Ord. 4028 § 2, 2014)

No sign shall be installed, constructed, or altered unless a Sign Permit and, where applicable, a Sign Program approval is first obtained in compliance with this Section, or the sign is allowed without Sign Permit approval (see Section 20-38.040 below). A Building Permit may also be required. After approval of a Sign Permit and/or Sign Program, each sign installed and maintained on the subject site shall comply with the Permit and Program.

A.

Sign Permit application. An application for a Sign Permit shall be prepared, filed and processed, in compliance with Chapter 20.50, Permit Application Filing and Processing. The application shall include required application fees, architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site.

B.

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.

C.

Sign Programs. A Sign Program shall be required for any multiple occupancy commercial office building or business park complex or medical complex where the individual tenant spaces are not the location or adjacent to the location of the proposed individual tenant signs. Sign Programs for other development types such as shopping centers, industrial complexes, and/or business parks where the sign locations are on the tenant spaces themselves, are optional at the owners' discretion. A Sign Program may also be proposed to

provide identity and directional signage for a City recognized neighborhood or district. A Sign Program shall be approved by the Director, or elevated to the appropriate review authority, at the discretion of the Director.

1.

The purpose of the Sign Program shall be to establish signing for all tenants and users of a complex,

neighborhood or district as described above. An approved Sign Program shall prescribe the standards for all signs within the complex, building, neighborhood or district.

2.

A Sign Program shall comply with all provisions of this chapter and is not intended to provide special or additional signing. The Sign Program shall prescribe the standards of size, number, location and types of signing permitted.

D.

Findings for approval. The approval of a Sign Permit or Sign Program shall require that the review authority first make all the following findings:

1.

The proposed signs do not exceed the standards of Section 20-38.060, Zoning District Sign Standards, and 20-38.070, Standards for Special Category Signs, and are of the minimum size and height necessary to enable motorists and pedestrians to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site;

2.

The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street; and

3.

The proposed signs are in substantial conformance with the design criteria in the City Design Guidelines. E.

Approval period, expiration, and time extension of Sign Permits. A Sign Permit approval shall expire one year from its date of issuance, unless the sign has been installed within the period or a later expiration date is stated in writing at the time of approval.

Prior to the expiration of a Sign Permit, the applicant may apply to the Director for an extension of up to one additional year.

2.

A Sign Permit shall become null and void if circumstances occurring prior to the installation of the sign change significantly so that the sign would not be permitted under the new circumstances.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 2, 2014; Ord. 2024-005, 4/9/2024; Ord. 2025-003, 2/25/2025)

The following types of signs and sign changes are permitted without a Sign Permit, provided that they comply with City Design Guidelines and any required Building Permit is obtained.

A.

Agricultural signs. Signs in agricultural zones advertising sale of products or other items raised or produced on-site are allowed without a Sign Permit, providing there is no more than one sign per parcel and the sign does not exceed 20 square feet in area.

B.

Commemorative plaques. Signs commemorating an historical building name register and/or erection date, when cut into or affixed to a permanent surface and not exceeding four square feet per building are allowed without a Sign Permit.

C.

Construction signs. One sign per construction site announcing a construction project, architect, builder/developer, engineer, etc., and not exceeding 32 square feet is allowed without a Sign Permit.

D.

Credit cards, trading stamps, association membership. Up to six signs per business identifying credit cards, trading stamps, or association membership not exceeding one square foot per sign are allowed without a Sign Permit.

E.

Directional signs and notices. Signs showing the location of public facilities such as public telephones, restrooms, and underground utilities are allowed without a Sign Permit.

F.

Garage sale signs. Up to one sign located at the residence where the garage sale sign is being conducted and not exceeding four square feet is allowed without a Sign Permit.

G.

Governmental signs. Signs installed or authorized by the City, or a Federal or State governmental agency within a public right-of-way; and any sign, posting, notice, or similar sign placed by, allowed by or required by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare, installed on City owned property, are allowed without a Sign Permit.

H.

Interior signs. Signs located in excess of five feet inside exterior windows, walls or doors of any building, mall, court, stadium or enclosed lobby, when such signing is intended for interior viewing only are allowed without a Sign Permit.

I.

Non-profit organization signs. Signs and notices containing the identification of nonprofit service clubs, religious organizations, charitable organizations or associations and containing information relating to their meetings, fund raising, other nonprofit activities and not exceeding 12 square feet and occurring no more than four times within a 12-month period are allowed without a Sign Permit.

J.

Nonstructural modifications, and maintenance. The following maintenance or modifications to signs are allowed without a Sign Permit:

1.

Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs;

2.

Nonstructural modifications of the face or copy of an existing conforming sign installed in compliance with a Sign Program, provided that the modifications are consistent with the Sign Program approved in compliance with Subsection C;

3.

The normal maintenance of conforming signs.

K.

Official flags. Up to three flags per site identifying national, State, or local governments, or nationally recognized religious, fraternal, or public service agencies are allowed without a Sign Permit, provided that the length of the flag shall not exceed one-fourth the height of the flag pole. The maximum allowed height of a flag pole in a residential zoning district shall be 12 feet; the maximum height of a flag pole in a non-

residential zoning district shall be 30 feet. Additional height may be authorized by the Zoning Administrator through the Minor Design Review process. No flag shall be located within the public right-of-way unless placed by, allowed by or required by a governmental agency.

L.

On-site signs required for city public hearing notification. On-site signs for public hearing notification before a City agency are allowed without a Sign Permit but shall comply with the following specifications and operational procedures:

1.

Sign area. Each sign shall be of the following minimum and maximum area, based on the size of the subject parcel.

2.

Height limit. Sign height shall not exceed six feet.

3.

Location. The sign shall be located not less than five feet inside the property line in residential zones, not less than one foot inside the property line for commercial and industrial zones, not within the vision triangle, and in areas most visible to the public.

4.

Other restrictions:

a.

No sign shall be illuminated;

b.

One sign shall be displayed per public street frontage of the subject property; and

c.

Removal is required within 15 days after the noticed public hearing.

5.

Verification. On or before the required date of posting, the applicant or applicant's representative shall submit to the Department a signed affidavit of the installation of an on-site sign.

M.

Private directional signs. Directional or informational signs not exceeding five square feet in area, bearing no advertising message, and located wholly on the site to which the sign pertains are allowed without a Sign Permit. These signs shall not impede vehicular and/or pedestrian visibility in any way.

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.

==> picture [518 x 156] intentionally omitted <==

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.

==> picture [240 x 236] intentionally omitted <==

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.

==> picture [211 x 113] intentionally omitted <==

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.

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.

==> picture [518 x 603] intentionally omitted <==

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.

==> picture [518 x 353] intentionally omitted <==

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.

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)

Chapter 20-39 OBJECTIVE DESIGN STANDARDS FOR BY-RIGHT HOUSING (§ 20-39.010 – § 20-39.030)

This chapter establishes objective residential design standards that are sourced from the City's Design Guidelines. Typically, new residential development is required to go through the City's discretionary Design Review process, which includes review for compliance with the City's Design Guidelines. The Design Guidelines are subjective in nature and demonstrate preferences while allowing discretion and flexibility, and as such, cannot be enforced through a streamlined ministerial process. The proposed Objective Design Standards for Streamlined and Ministerial Residential Developments aim to incorporate the intent of the Santa Rosa Design Guidelines to the greatest extent possible, while complying with the intent of State legislation to facilitate and expedite the construction of housing in Santa Rosa.

(Ord. 2019-018 § 2)

The provisions of this chapter apply to all residential projects which upon applicant request and demonstration of eligibility, qualify for streamlined and ministerial processing.

(Ord. 2019-018 § 2)

Consistent with existing State law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Residential developments that are subject to this chapter must be consistent with each of the standards below:

A.

Neighborhood compatibility.

1.

Residential 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. Parking lot areas and carports shall not be located along single-family neighborhood street frontages.

2.

Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include individual front doors and interior stairs (when stairs are needed).

3.

When determined necessary by a noise assessment, sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of protected common space avoiding long continuous walls for the entire length of a project site.

B.

Building design.

1.

Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

3.

Blank walls (façades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

4.

Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a street, adjacent public park or public open space.

5.

Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.

6.

At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.

7.

A minimum of 5/8 inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

C.

Massing/articulation.

1.

A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.

2.

A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.

3.

Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.

4.

Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.

5.

Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

D.

Outdoor/common space.

1.

Each multifamily unit outside the Downtown Station Area Specific Plan boundary shall have a minimum of 40 square feet of private outdoor space directly adjacent to the unit. For the purposes of this standard, private

outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public.

2.

Common useable open space is required for all multifamily projects with more than 10 units outside the Downtown Station Area Specific Plan boundary.

3.

A minimum of 60% of the common usable open space shall be provided as a landscaped green area or garden, with the remaining area in hardscape.

4.

Outdoor seating shall be provided at common usable open space areas and outside of laundry facilities.

5.

Multifamily developments (except Senior restricted multifamily developments) outside the Downtown Station Area Specific Plan boundary exceeding 22 bedroom units shall have two outdoor areas, one for adults and one for a child play area. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating.

6.

Multifamily developments (except Senior restricted multifamily developments) outside the Downtown Station Area Specific Plan boundary exceeding 100 units shall have three open space areas, one for adults, one for teenagers, and one for younger children. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating, and teenage outdoor areas include sports fields, age-appropriate park equipment, or other recreational equipment.

7.

Play equipment for children under the age of five shall be included in child play areas. The play area must be visible to as many units as possible to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.

E.

Site design.

1.

When dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area.

2.

Garages and carports shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, roof materials, and colors.

3.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

4.

Where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

5.

Screen all parking areas, covered and uncovered, from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes must shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.

F.

Accessory elements.

1.

Perimeter fencing utilized along public street shall be constructed of decorative iron, pre-painted welded steel, or wood picket material.

2.

The height of solid fencing between private yards and common open spaces shall be limited to four and onehalf feet in height. If a six-foot fence is desired, the top 18 inches should allow for vision in and out of the yard.

3.

Screen roof top equipment from visibility. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet. If the roof structure does not provide this screening, include an equipment screen in the design.

4.

Screen all exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers. 5.

Refuse containers.

a.

Four units or less may be served by individual garbage containers. When individual garbage cans are used, they must either fit in the garage or into a special enclosure.

b.

When there are five units or more, provide dumpsters for garbage collection within a special enclosure.

c.

When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. A rule of thumb is to allow for between 30 and 90 gallons per unit per week, depending on size of the unit.

d.

Shield all dumpsters within an enclosure a minimum of six feet tall. Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be detailed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.

e.

Make allowances within the enclosure for stacking recycling crates (in small projects) and recycling dumpsters (in large projects)

f.

Provide an opening so that pedestrians can access the dumpsters without opening the large gates.

g.

Provide lighting at trash enclosures for night time security and use.

h.

Locate dumpster enclosures so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

G.

Additional objective standards within Zoning Code. Projects subject to this chapter must comply with all other applicable objective standards within this Zoning Code including, but not limited to:

Development Standards as indicated in Sections 20-22.040, 20-22.050, 20-23.040, 20-24.040, and 2026.040, as may be amended.

2.

Combining District Standards as indicated in Sections 20-28.030, 20-28.040, 20-28.050, 20-28.060, 2028.070, 20-28.080, 20-28.090, and 20-28.100, as may be amended.

Landscaping Standards as indicated in Sections 20-34.040, 20-34.050, 20-34.060, and 20-34.070, as may be amended.

4.

Parking and Loading Standards as indicated in Sections 20-36.030, 20-36.040, 20-36.050, 20-36.060, 2036.070, 20-36.080, and 20-36.090, as may be amended, unless otherwise superseded by State law. 5.

Creekside Development Standards as indicated in Section 20-30.040.B.1, B.2, C, D, and E, as may be amended.

6.

Outdoor Lighting Standards as indicated in Section 20-30.080, as may be amended.

7.

Fences, Walls and Screening Standards as indicated in Section 20-30.060.B, C, and G, as may be amended. 8.

Height Measurement and Exception Standards as indicated in Section 20-30.070, as may be amended. 9.

Hillside Development Standards as indicated in Section 20-32.050, as may be amended. (Ord. 2019-018 § 2; Ord. 2021-012 § 43)

Chapter 20-40 ADULT ENTERTAINMENT BUSINESSES (§ 20-40.010 – § 20-40.040)

The provisions of this Chapter are intended to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of sexually-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, parks and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of sexually-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas. (Ord. 3677 § 1, 2004)

A.

Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), existing and proposed adult entertainment businesses shall comply with the standards of this Chapter.

B.

A business constitutes a sexually-oriented business where the business offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as defined in Division 7 (Glossary).

(Ord. 3677 § 1, 2004)

No sexually-oriented business shall be established or located in the City unless:

A.

The business is located 500 feet or more from any residence or residential use or zone, park, church or school existing at the time an application for a permit to open a sexually oriented business is filed with the City; or

B.

The business is located in a shopping center of more than 300,000 square feet gross building area, and the business is established or located more than 500 feet from any other sexually oriented business.

The distance referred to in Subsection A shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. The distance referred to in Subsection B shall be measured from the primary entrance of one business to the primary entrance of the other without regard to intervening structures. Therefore it is possible that more than one sexually-oriented business may occur within the same described shopping center so long as the 500 feet distance between them is achieved.

(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)

Chapter 20-42 STANDARDS FOR SPECIFIC LAND USES (§ 20-42.010 – § 20-42.210)

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. (Ord. 3677 § 1, 2004)

The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. A.

Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Land Uses).

B.

Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Division 2, except where a land use permit requirement is established by this Chapter for a specific use.

C.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Divisions 2 or 3, the requirements of this Chapter shall control.

• (Ord. 3677 § 1, 2004)

This Section provides standards for specific retail sales and service uses, including restaurants, pharmacies, and the sale of retail merchandise, which are allowed accessory to a primary commercial, industrial, or institutional use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A.

General standard. There shall be no external evidence of any commercial activity other than the primary use

of the site (e.g., no signs, windows with merchandise visible from adjoining streets, etc.), nor access to any space used for the accessory retail or service use other than from within the primary structure.

B.

Review and approval requirements. In order to approve an accessory retail or service use, the review

authority shall first find that there will be no adverse effects on adjacent existing or potential residential uses from excessive traffic, noise or other effects of the accessory use.

(Ord. 3677 § 1, 2004)

Accessory uses and structures shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). This Section does not apply to accessory dwelling units, which are instead subject to Section 20-42.130 (Accessory dwelling units).

A.

General requirements for all accessory structures and uses.

1.

Relationship to principal use.

a.

An accessory structure or use is permitted only when it is clearly incidental, subordinate and accessory to the principal use of the same lot, and does not alter the character of the site with respect to the principal use.

b.

An accessory structure or use, to be permitted, must be compatible in all aspects with the principal permitted uses of the zoning district in which it is situated.

c.

An accessory structure or use shall not be located on a separate lot from the principal use to which it incidental and subordinate.

2.

Zoning district setback requirements. An accessory structure or use shall comply with the setback requirements of the applicable zoning district, and shall not be closer to the street than the primary structure, unless specifically authorized by this Section, or allowed by Variance, Minor Variance, or Minor Adjustment.

3.

Combining district requirements. The provisions of any -G (Gateway), -H (Historic), or -SR (Scenic Road) Combining District shall take precedence over any provision of this Section regulation accessory structures and uses.

4.

Roof overhang. An accessory structure shall not overhang any property or drain onto any adjacent parcel.

5.

Building Code and Fire Code requirements. An accessory structure shall meet all construction standards and minimum distancing between buildings for fire protection purposes.

B.

Accessory structures and uses in non-residential districts.

1.

Attached accessory structures. If an accessory structure is attached to the primary structure, it shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.

2.

Detached accessory structures. No detached accessory structure shall be closer than that permitted by the Uniform Building Code to the primary structure on the same lot or closer than 10 feet from the primary structure on an adjoining lot unless a lesser distance is specifically allowed by other provisions of this Zoning Code.

C.

Accessory structures and uses in residential zoning districts. Accessory structures and uses within a residential zoning district shall comply with the following requirements:

General requirements.

a.

Setbacks. An accessory structure on a parcel that is 50 feet or more in width shall not be placed closer than five feet to a property line. An accessory structure may be located up to the property line on a parcel less than 50 feet in width or 100 feet in depth that is developed with a single-family dwelling or duplex, except where the accessory structure would abut another building on an adjacent parcel. In these cases, the accessory structure shall be located a minimum of three feet from the property line.

b.

Maximum site coverage. One or more roofed accessory structures shall not occupy more than 50 percent of the required rear setback, provided that the Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site, provided that:

(1)

The Director determines that the usability and location of the substitute area is equally satisfactory; and

(2)

The substitute area does not exceed a slope of 10 percent, and has no dimension less than 15 feet. The dimensions may include required side setback areas, but the required setback shall not be included when computing equivalent replacement area.

c.

Height limit. No accessory structure shall exceed a height of 16 feet and one story. 2.

Requirements for attached structures. Habitable (e.g., living space) and non-habitable (e.g., attached garages, etc.) attached structures shall comply with the following standards.

a.

An accessory structure attached to the primary structure shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.

b.

The face of any attached garage or carport with street access from the front or corner side of the lot shall be a minimum of 19 feet from the property line, back of curb, or back of sidewalk, whichever is greater. The face of an attached garage or carport shall be three to five feet from the edge of a public or private alley, property line, back of sidewalk, or back of curb whichever is greater.

3.

Requirements for detached structures.

a.

Habitable structures.

(1)

A guest house shall not be located within any required setback area, shall not exceed 400 square feet or a height of 16 feet, and shall not contain kitchen or other cooking facilities.

(2)

No detached habitable accessory structure shall be closer to the primary structure than permitted by the Uniform Building Code, or closer than 10 feet from a primary structure on an adjoining lot, unless a lesser distance is specifically allowed by other provisions of this Zoning Code.

b.

Non-habitable structures.

(1)

Exempt structures. The following structures are exempt from the accessory structure setback requirements:

(a)

Planters. Planter boxes and masonry planters with a maximum height of 42 inches are allowed within all required setbacks.

(b)

Play equipment, pet shelters. Children's play equipment, movable dog houses, and similar structures may be placed within a required rear setback without limitation on location.

(c)

Residential rain harvesting tanks. Rain harvesting tanks that do not exceed eight feet in height may be placed within a rear or side yard setback without limitation on location. Rain harvesting tanks that exceed eight feet in height may be allowed within a rear or side yard setback, subject to Design Review. Rain harvesting tanks of any height shall not be permitted within a front yard setback.

(d)

Trash enclosures. Trash enclosures may be placed within a required rear setback without limitation on location.

(2)

Sheds, patio covers, trellis. A shed, patio cover, or trellis less than 12 feet in height may be allowed within a side or rear yard setback, subject to Design Review.

(3)

Garages and carports. To ensure design compatibility and to maintain the off-street parking supply in residential neighborhoods, the following standards shall apply to the construction, modification, or

replacement of a garage or carport serving any residential use.

(a)

Height. The garage or carport shall not exceed a height of 16 feet.

(b)

Setback. The face of a garage or carport shall be:

i.

A minimum of 19 feet from the property line, back of curb, or back of sidewalk, whichever is greater; and

ii.

Between three and five feet, or 19 feet or more, measured from an alley or private driveway property line, back of sidewalk, or back of curb, whichever is greater.

(4)

Driveways, walkways, patios, and wood decks. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 50 percent of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50 percent of all setback areas shall consist of permeable surface. The Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site.

(5)

Guard railings, safety fences. A guard railing or safety fence for protection around depressed ramps may be placed within any required setback provided that:

(a)

An open-work railing or fence is used; and

(b)

The railing or fence does not exceed 42 inches in height.

(6)

Mechanical equipment. Ground-mounted air conditioners, swimming pool pumps, and related and similar equipment may be placed within a required side or rear setback, provided that the equipment is:

(a)

Not closer than 30 inches to any property line;

(b)

Six feet or less in height; and

(c)

Constructed and/or insulated so that audibility beyond the property line is limited to the maximum extent feasible.

(7)

Satellite dish antennas. Satellite antennas shall comply with the requirements of Chapter 20-44 (Telecommunications Facilities).

c.

General design requirements.

(1)

On a corner lot, the structure shall not project beyond the front yard required for an adjacent lot. (2)

The structure shall not be closer to any street than the primary structure, unless authorized by Minor Conditional Use Permit. When reviewing a Minor Conditional Use Permit application, the review authority

shall consider the predominant placement of accessory structures in the site vicinity, the consistency of the proposal with the established and/or desired character of the surrounding area, and the visual impact of the structure given its proposed placement.

(3)

The structure shall not have a door or window opening to an alley or to a side or rear property line unless the structure is at least three feet from the alley or property line.

(4)

Notwithstanding any other requirements of this Zoning Code for a detached accessory structure in a residential zoning district, no side or rear yard setback shall be required for a structure of 12 feet or less in height provided that:

(a)

The structure has received Design Review approval; or

(b)

A Hillside Development Permit if the structure is subject to the Hillside Development Standards Ordinance (Chapter 20-32); or

(c)

A Landmark Alteration Permit if the structure is subject to Historic and Cultural Preservation (Chapter 20-58);

and

(d)

Complies with the following standards:

i.

The structure is not used for human habitation, unless permitted in compliance with Section 20-42.130 (Accessory dwelling units) and is at least 10 feet from any building used for human habitation on the same or an adjacent lot;

ii.

The structure complies with the Uniform Building Code and has been approved by the Building Division; and iii.

No part of the structure overhangs a property line or drains onto an adjacent lot.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 13, 2011; Ord. 2017-024 § 10) Alcoholic beverage sales shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A.

Applicability. In addition to the regulations of the applicable zoning district, any establishment under 10,000 square feet that sells alcohol for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, and bars shall be permitted only by Conditional Use Permit. A large retailer of 10,000 square feet or greater, such as a supermarket that sells alcoholic beverages as a normal part of the

business, is a permitted use. These provisions shall not apply to a winery, tasting room, and/or brewery that sells alcoholic beverages as a normal part of business, when these uses are permitted uses. Applicable provisions of these use regulations shall only apply to winery, tasting room, and/or brewery uses when conditionally permitted.

B.

Operating standards. An establishment that is subject to the requirements of this section shall comply with the following standards. In considering a Conditional Use Permit application, the review authority may choose to waive any of the following standards, and/or to impose revised or additional standards as conditions of approval.

Customer and site visitor management.

a.

The operator of the establishment shall take all 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 alcoholic beverage outlet.

(1)

"Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request.

(2)

"Nuisance" includes disturbances of peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.

b.

The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.

c.

The operator shall ensure that the hours of operation shall not be a detriment to the surrounding area. 2.

Trash, litter, graffiti.

a.

The operator shall clear the sidewalks adjoining the premises plus 10 feet beyond property lines along the street as well as any parking lots under the control of the operator as needed to control litter, debris and trash.

b.

The operator shall install and maintain one permanent, non-flammable trash container on the property's exterior.

c.

The operator shall remove all graffiti from the premises and parking lots under the control of the operator within 72 hours of its application.

3.

Staff training. Within 90 days from issuance of a certificate of occupancy or if no Building Permit is required, within 90 days of issuance of the Conditional Use Permit, all owners, managers and employees selling alcoholic beverages shall complete a certified training program in responsible method and skills for selling alcoholic beverages. The certified program shall meet the standards of the ABC or other certifying/licensing body which the state may designate. New owners, managers and employees shall complete the training course within 30 days of the date of ownership or employment. Records of successful completion for each owner, manager and employee shall be maintained on the premises and presented upon request by a representative of the City.

4.

Staffing, surveillance, and security.

a.

Signs and displays on the premises shall not obstruct the sales counter, cash register and customer from view from the exterior.

b.

The operator shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum the external cameras shall monitor the entrance to the premises and vicinity of at least 20 feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes from these cameras shall be retained for at least 10 days from date of recording before destruction or reuse. The tapes shall be made available to the Police Department upon request.

c.

A monitored robbery alarm system shall be installed and maintained in good working condition. An alarm permit shall be obtained from the Police Department prior to operation.

d.

Restrooms shall remain locked and under the control of the cashier.

e.

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

5.

Limitations on product sales and display.

a.

The operator shall not sell, furnish or give away empty cups, glasses or similar receptacles commonly used for the drinking of beverages in quantities of less than 24 count in their original packaging.

b.

Coolers, tubs and other storage containers holding alcoholic beverage shall be equipped with a locking mechanism which shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited.

c.

No beer or wine shall be displayed within five feet of the cash register or front door of the premises.

d.

No video or arcade type games are permitted on the property. California State Lottery games are permitted. 6.

Signs, postings.

a.

Premises identification shall comply with City Code Section 18-16.034 and Fire Department Illuminated Address Signs bulletin.

b.

A copy of the conditions of approval for the Conditional Use Permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized City official upon request.

c.

Signs shall be posed on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

7.

Compliance with other requirements.

a.

The operator shall comply with all provisions of all local, state or federal laws, regulations or orders, including those of the ABC, as well as any condition imposed on any permits issued pursuant to applicable laws,

regulations or orders.

b.

The operator shall comply with all provisions of the City Code and conditions imposed by City issued permits.

c.

Any change in ABC license type including, but not limited to, a change from a Type 20 to a Type 21 license, or a substantial physical change or character of premises as defined in Title 4 of the California Code of Regulations Section 64.2(b), shall require a new Conditional Use Permit to continue operation.

C.

Criteria for review. In granting a Conditional Use Permit for the sales of alcoholic beverages for offsite consumption and making the findings required for Conditional Use Permit approval by Section 20-52.050, the review authority shall consider the following:

1.

Whether the use serves public convenience or necessity;

2.

The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City; 3.

The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average;

4.

The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts;

5.

The proximity of the alcoholic beverage outlet to residential districts, day care center, park and recreation facilities, places of religious assembly, and schools;

6.

Whether the site plan and floor plan incorporated design features to assist in reducing alcohol related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior.

D.

Grounds for modification or revocation. In addition to the grounds in Section 20-54.100 (Permit Revocation or Modification), the Commission may require modification, discontinuance or revocation of a Conditional Use Permit if the Commission finds that the use is operated or maintained in a manner that it:

Adversely affects the health, peace or safety of persons living or working in the surrounding area; or 2.

Contributes to a public nuisance; or

3.

Has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests; or

4.

Violates any provision of the City Code or condition imposed by a City issued permit, or violates any provision of any other local, State or Federal law, regulation, or order, including those of the ABC, or violates any condition imposed by permits issues in compliance with those laws.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3766 §§ 2, 3, 2006; Ord. 3968 § 14, 2011; Ord. 3989 § 5, 2012; Ord. 2021-012 § 32)

Animal keeping shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A.

The care and keeping of any animal shall comply with the provisions of City Code Title 7 and all applicable provisions of this Zoning Code.

B.

On any lot in a residential zoning district, or in conjunction with any residential use in any other district, a total of five animals (domestic or exotic) may be kept on one lot, of which not more than three may be dogs, and not more than one may be a pot-bellied pig. In addition to the five animal total, hens may be kept in accordance with the limitations of Table 4-1 and the development standards below.

C.

Development standards for hen keeping. All hen keeping shall be in compliance with all of the following development standards and requirements.

1.

Roosters are prohibited.

2.

Hens shall be kept in a securely fenced area within the rear yard of the residential property. A coop and pen are required.

3.

The coop and pen shall comply with the following development standards:

a.

Setbacks. For keeping of six or fewer hens, the coop shall be set back a minimum of five feet from side or rear property lines. For keeping of more than six hens, the coop shall be set back a minimum of 10 feet from side or rear property lines. For all hen keeping, the coop shall be located a minimum of 20 feet from habitable structures on adjacent properties; greater distances are encouraged where practicable.

b.

Coop height. Coops shall be no taller than eight feet in height.

c.

Coop and pen design and maintenance. The coop and pen shall be designed, constructed, and maintained such that the hens are securely contained.

d.

Ongoing maintenance and care. The coop and pen shall be maintained in a clean and sanitary condition. All enclosures shall be constructed and maintained to prevent rats or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with hen keeping shall be managed to minimize contact with rodents.

D.

Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), livestock farming shall be limited to the raising, feeding, maintaining, and breeding of livestock, subject to a minimum 20,000 square foot gross lot area and the following cumulative limitations and conditions:

1.

One hog or pig per each 20,000 square feet of gross lot area; or

2.

One horse or mule or cow or steer per each 20,000 square feet of gross lot area; or

3.

Twenty-five chickens per each 20,000 square feet of gross lot area; or

Three goats or sheep or similar livestock per each 20,000 square feet of gross lot area; or

Ten ducks or rabbits or similar livestock per each 20,000 square feet of gross lot area; or

Twenty-five pigeons or 50 ornamental or song birds per each 20,000 square feet of gross lot area.

The development standards for hen keeping are not applicable to livestock farming. The lot area used to justify one class of animals shall not be used concurrently to justify another class of animals.

(Ord. 3677 § 1, 2004; Ord. 3994 § 2, 2012)

Outdoor automated teller machines (ATMs) shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). A drive-through ATM shall also comply with the requirements of Section 20-42.064 (Drive-Through Retail and Service Facilities).

A.

Location requirements. An outdoor ATM shall be:

1.

Set back from an adjacent street curb by a minimum of eight feet;

2.

Located a minimum of 30 feet from any property line corner at a street intersection;

3.

Located not to eliminate or substantially reduce any landscaped areas; and

4.

Located not to result in undue traffic congestion.

B.

Architectural design. All construction and modifications to the exterior of the structure housing an ATM shall

be completed in a manner consistent with the architectural design of the structure and in compliance with all applicable City design standards and guidelines.

C.

Parking. Off-street parking shall be provided in compliance with Section 20-36.040 (Number of Parking Spaces Required), provided that an ATM may utilize on-street loading spaces, rather than on-site parking spaces, with the approval of the Director of Transportation and Parking.

D.

Trash disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

E.

Lighting. Each outdoor ATM shall be provided with lighting in compliance with Section 20-30.080 (Outdoor Lighting) or State law, whichever is most restrictive.

(Ord. 3677 § 1, 2004)

Child day care centers shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). Small and large family day care homes are not subject to the requirements of this section.

A.

Purpose. The availability and affordability of quality, licensed childcare is beneficial to the well-being of parents and children within this community. The purpose of regulating child day care facilities within the City shall be to:

1.

Facilitate and encourage the establishment of licensed child day care, by streamlining the permit process and making fees as economical as possible;

2.

Specify standards to avoid any adverse effects of such facilities upon surrounding properties; and

Avoid the over-concentration of childcare facilities in any neighborhood.

B.

Application requirements. The following shall be included in each application for a child day care facility Zoning Clearance or Minor Conditional Use Permit:

1.

The application shall indicate the number of children to be cared for, including the applicant's children under 10 years of age; the number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show compliance with applicable standards.

2.

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.

Standards for childcare facilities allowed with a Zoning Clearance.

1.

The operation of any childcare center shall comply with all provisions of the City's Noise ordinance. 2.

A facility on a regional street shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway.

The facility shall comply 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.

D.

Conditions of approval for child day care centers which require a Minor Conditional Use Permit. The operation of a child day care center, 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 center is proposed. The scope of permit review and approval shall be limited as required by state law to the following.

1.

Noise. The operation of any child care center shall comply with all provisions of the City noise ordinance. The review authority may require conditions of approval to reduce noise impacts including: solid fencing or other sound attenuating devices; restrictions on outside play hours; location of play areas; and placement of outdoor play equipment.

2.

Traffic circulation. The traffic circulation plan for all child day care facilities shall be designed to diminish traffic safety problems. A facility on a regional street (as shown on the General Plan Circulation Map) shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The care provider may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems.

E.

Required findings for approval for child day care centers which require a Minor Conditional Use Permit. No Minor Conditional Use Permit for a child day care center 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.

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. F.

Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the Minor Conditional Use Permit application, the City shall provide public notice in compliance with Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits) to the applicant, and all owners of property within a 600-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. 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.

==> picture [490 x 513] intentionally omitted <==

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.

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.

10. 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

==> picture [518 x 244] intentionally omitted <==

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.

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.

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)

Chapter 20-44 TELECOMMUNICATIONS FACILITIES (§ 20-44.010 – § 20-44.070)

The provisions of this Chapter are intended to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of antennas. It is further intended that these regulations accomplish the following:

A.

Protect residential neighborhoods and the visual character of the City from the potential adverse visual effects of telecommunication facility development and antenna installation; B.

Ensure that all telecommunication facilities comply with the Federal Communication Commission's (FCC) exposure standards for non-ionizing electromagnetic radiation (NIER);

C.

Protect environmental resources of the City;

D.

Ensure that a broad range of telecommunication facilities is provided to serve the community and to serve as an important part of the City's emergency response network; and E.

Provide a comprehensive, objective, and efficient process for reviewing applications for telecommunication facilities while at the same time protecting the interests of citizens.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)

A telecommunications facility shall require a Minor Conditional Use Permit or a Conditional Use Permit approval in compliance with this Chapter, if not considered exempt. Design Review is required for any nonexempt facility.

A.

Design Review required. Design Review is required for all telecommunication facilities, except those listed by this Chapter as exempt. The review authority conducting Design Review for minor facilities is the Zoning Administrator and the review authority conducting Design Review for major facilities is the Design Review and Preservation Board.

B.

Minor Conditional Use Permit required. A Minor Conditional Use Permit is required for all minor telecommunication facilities. The review authority for Minor Conditional Use Permits is the Zoning Administrator.

C.

Conditional Use Permit required. A Conditional Use Permit is required for all major telecommunication facilities. The review authority for Conditional Use Permits is the Planning Commission.

D.

Exceptions. Exceptions to the requirements of this Chapter may be granted through Conditional Use Permit approval by the Commission. A Conditional Use Permit may only be approved if the Commission finds, after receipt of substantial evidence, that failure to adhere to the standards under consideration is consistent with the purpose and intent of this Chapter. Tower setback requirements may be waived under the following circumstances:

1.

The facility is proposed to be co-located on an existing, legally established telecommunication tower; or

2.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2025-003, 2/25/2025)

Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.

A.

The antenna shall be accessory to the primary use of the property which is not a telecommunications facility. B.

No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel. C.

Telecommunications towers shall not be located within any setback area required by the applicable zoning district.

D.

Freestanding antenna towers shall be located within a fenced yard or be anti-climbing equipped.

E.

Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.

F.

No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded in the office of the Sonoma County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.

G.

The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.

H.

All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.

I.

Satellite dishes shall be painted a color that blends with their surroundings.

J.

Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.

K.

Each facility shall comply with all Federal, State, and City codes, including Federal Communication Commission and Federal Aviation Administration standards.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)

Amateur radio and citizen's band facilities shall comply with the following standards, and all other applicable provisions of this Chapter.

A.

Exempt facilities. The following amateur radio and citizen band facilities are exempt from Design Review and Minor Conditional Use Permit requirements:

1.

An antenna facility that is not within the public view as defined in Division 7 (Glossary) is exempt 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.

No more than six ground mounted antennas per parcel, not to exceed 12 feet in height.

3.

No more than six building mounted antennas per parcel, not to exceed 12 feet in height above the highest part of the building.

4.

No more than six building mounted tower antennas per parcel when the antennas and support structure do not exceed 30 feet above the highest part of the building to which it is attached.

5.

No more than six freestanding tower mounted antennas per parcel when the antennas and support structure do not exceed 40 feet in height and provided the support structure is setback a minimum of 20 feet from property lines, unless otherwise approved by Design Review.

B.

Minor facilities. The following amateur radio and citizen band facilities shall require Minor Conditional Use Permit and Design Review approval.

1.

No more than six building mounted tower antennas, or freestanding tower antennas, per parcel when the antennas and support structure do not exceed 75 feet in height.

2.

No more than six freestanding tower antennas per parcel when the antennas and support structure are at least 40 feet but do not exceed 75 feet in height and are setback less than 20 feet from property lines. C.

Major facilities. The following amateur radio and citizen band facilities require Conditional Use Permit and Design Review approval:

1.

Any building mounted tower antennas when the antennas and support structure exceed 75 feet in height above the highest part of the building to which the antenna is attached.

2.

Any freestanding tower antennas when the antennas and support structure exceed 75 feet in height. 3.

More than six amateur radio antennas per parcel.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)

Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this Chapter.

A.

Exempt facilities. The following facilities are exempt from Design Review and Conditional Use Permit requirements provided that they comply with Subsections B and C.

1.

An antenna that is not within the public view as defined in Division 7 (Glossary) is exempt from Minor Conditional Use Permit and Design Review requirements 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.

Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter; or an antenna that is no more that 12 feet in height.

3.

Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter or an antenna that is no more that 12 feet in height above the building on which it is mounted. B.

Minor facilities. The following receive-only TV and radio antenna facilities require Minor Conditional Use Permit and Design Review approval:

1.

No more than three ground mounted antennas per parcel in residential districts or areas, or more than six ground mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height.

2.

No more than three building mounted antennas per parcel in residential districts or areas, or more than six building mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height above the building on which it is mounted.

3.

No more than three freestanding tower antennas per parcel when the antennas and support structure do not exceed 45 feet in height.

C.

Major facilities. The following receive-only TV and radio antenna facilities require Conditional Use Permit and Design Review approval:

1.

Any building mounted tower antennas or freestanding tower antennas when the antennas and support structures exceed 45 feet in height.

2.

More than three antennas per parcel in a residential district or more than six antennas per parcel in a commercial district.

(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)

Chapter 20-46 CANNABIS (§ 20-46.010 – § 20-46.100)

This Chapter provides the location and operating standards for Personal Cannabis Cultivation and for Cannabis Businesses (Medical and Adult Use) to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine and provide opportunities for economic development.

(Ord. 2017-025 § 6)

A.

Compliance with City Code. Personal Cannabis Cultivation and Cannabis Businesses shall only be allowed in compliance with this Chapter and all applicable regulations set forth in the City Code, including, but not limited to, the cannabis business tax ordinance and all regulations governing building, grading, plumbing, septic, electrical, fire, hazardous materials, nuisance, and public health and safety.

B.

Compliance with State laws and regulations. All Cannabis Businesses shall comply with all applicable State laws and regulations, as may be amended, including all permit, approval, inspection, reporting and operational requirements, imposed by the State and its regulatory agencies having jurisdiction over Cannabis and/or Cannabis Businesses. All Cannabis Businesses shall comply with the rules and regulations for Cannabis as may be adopted and as amended by any State agency or department including, but not limited to, the Bureau of Cannabis Control, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, and the Board of Equalization.

C.

Compliance with local and regional laws and regulations. All Cannabis Businesses shall comply with all applicable Sonoma County and other local and regional agency regulations, including, but not limited to, regulations issued by the Regional Water Quality Control Board, the Sonoma County Agricultural Commission, and the Sonoma County Department of Public Health.

D.

Cannabis Businesses shall provide copies of State, regional and local agency permits, approvals or certificates upon request by the City to serve as verification for such compliance. (Ord. 2017-025 § 6)

Personal Cannabis Cultivation for medical or adult use shall be permitted only in compliance with the provisions of Division 2 (Zoning Districts and Allowable Uses) and shall be subject to the following standards and limitations.

A.

Medical and adult use cannabis maximum limitation. The personal cultivation of medical and/or adult use cannabis is limited to no more than six mature plants per a primary residence, regardless of the number of residents and regardless of the presence of an accessory or junior accessory dwelling unit. B.

Residency requirement. Cultivation of cannabis for personal use may occur only on parcels with an existing legal residence occupied by a full-time resident responsible for the cultivation. C.

The following operating requirements are applicable to outdoor cultivation for personal use:

1.

Maximum limitation. Outdoor cultivation for personal use is limited to no more than two mature plants. 2.

Cannabis plants shall not be located in a front or street side yard, unless fully screened from public view.

3.

Outdoor cultivation for personal use is prohibited on parcels located adjacent to a school property; "School" as defined by the Health and Safety Code Section 11362.768.

D.

The following operating requirements are applicable to personal cannabis cultivation:

1.

Visibility. No visible markers or evidence indicating that cannabis is being cultivated on the site shall be visible from the public right-of-way at street level, or from school property.

2.

Security. All enclosures and structures used for cannabis cultivation shall have security measures sufficient to prevent access by children or other unauthorized persons.

3.

Prohibition of volatile solvents. The manufacture of cannabis products for personal non-commercial consumption shall be limited to processes that are solvent-free or that employ only non-flammable, nontoxic solvents that are recognized as safe pursuant to the Federal Food, Drug and Cosmetic Act. The use of volatile solvents to manufacture cannabis products for personal consumption is prohibited.

4.

All structures used for Personal Cannabis Cultivation (including accessory structures, greenhouses, and garages) must be legally constructed with all applicable Building and Fire permits (including grading, building, electrical, mechanical and plumbing) and shall adhere to the development standards within the base zone.

5.

Odor Control. All structures used for cultivation shall be equipped with odor control filtration and ventilation systems such that the odors of cannabis cannot be detected from outside of the structure.

6.

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:

a.

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).

b.

Interior light systems shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.

7.

Noise. Use of air conditioning and ventilation equipment shall comply with Chapter 17-16 (Noise). The use of generators is prohibited, except as short-term temporary emergency back-up systems. 8.

All personal cannabis cultivation shall comply with the Best Management Practices for Cannabis Cultivation issued by the Sonoma County Agricultural Commission for management of waste, water, erosion control and management of fertilizers and pesticides.

(Ord. 2017-025 § 6)

Cannabis Businesses (Medical and Adult Use) shall be permitted only in compliance with the provisions of Division 2 (Zoning Districts and Allowable Uses) and shall be subject to the following standards and limitations.

A.

Land use. For purposes of this Chapter, Cannabis Businesses shall include the following land use classifications, all of which are further defined in Chapter 20-70 (Definitions):

1. Cannabis – Commercial Cultivation up to 5,000 sf

2.

Cannabis – Commercial Cultivation 5,001 sf or greater

3.

Cannabis – Retail (Dispensary) and Delivery

Cannabis – Distribution

5.

Cannabis – Manufacturing – Level 1 (non-volatile)

Cannabis – Manufacturing – Level 2 (volatile)

Cannabis – Microbusiness

8.

Cannabis – Testing Laboratory

B.

Where allowed. Cannabis Businesses (Medical and Adult Use) shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Uses) and as designated on Tables 2-6 and 2-10 of the Zoning Code. With regard to required setbacks of a cannabis business to another land use, the City asserts its right to establish different radius requirements than what is provided by Business and Professions Code Section 26054(b).

C.

Land use permit requirements. The uses that are subject to the standards in this Chapter shall not be established or maintained except as authorized by the land use permit required by Division 2. D.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Division 2 or 3 or other applicable provisions of this Code, the requirements of this Chapter shall control. (Ord. 2017-025 § 6)

The following general operating requirements are applicable to all Cannabis Businesses. In addition, requirements specific to each Cannabis Business subtype are set forth in Sections 20-46.060 (Cannabis Cultivation), 20-46.070 (Cannabis Support Uses) and 20-46.080 (Cannabis Retail and Delivery). A.

Dual licensing. The City recognizes that State law requires dual licensing at the State and local level for all Cannabis Businesses (Medical and Adult Use). All Cannabis Operators shall therefore be required to diligently pursue and obtain a State cannabis license at such time as the State begins issuing such licenses, and shall comply at all times with all applicable State licensing requirements and conditions, including, but

not limited to, operational standards such as, by way of illustration but not limitation, background checks, prior felony convictions, restrictions on multiple licenses and license types, and locational criteria.

1.

Operators in good standing. Cannabis Businesses which have received land use permit approval pursuant to this Chapter prior to or within 10 months of date the State begins issuing State licenses shall be considered "operators in good standing". Operators in good standing shall be allowed to obtain building occupancy permits and commence operations in compliance with City permit approvals while diligently pursuing all necessary State licenses and subject to any deadlines established by the State. Operators in good standing shall demonstrate to the City that complete applications for all necessary State licenses and agency permits have been filed and are being pursued by the applicant in compliance with deadlines established by the State.

2.

New operators. Cannabis Businesses which have received land use permit approval pursuant to this Chapter after the State begins issuing State licenses and after the 10-month transition period noted in Subsection A.1 above, shall not be allowed to commence operations until the Cannabis Business can demonstrate that all necessary State licenses and agency permits have been obtained in compliance with any deadlines established by the State.

3.

Existing permitted operators. Cannabis Businesses which have received land use permit approval prior to the adoption of this Chapter shall be required to comply with all operational requirements set forth in this Chapter. In addition, a Cannabis Business that has obtained a valid land use permit for medical use issued prior to the adoption of this Chapter may incorporate adult use into their land use permit upon issuance of a Zoning Clearance by the Department. The Zoning Clearance shall, as a condition of issuance, require compliance with all operational provisions of this Chapter. The Zoning Clearance to incorporate adult use in addition to or in place of medical use shall not authorize any physical or operational expansion of the facility unless determined in compliance with this Chapter.

4.

Grounds for revocation. Once State licenses and agency permits become available, failure to demonstrate dual licensing in accordance with this Chapter and within any deadlines established by State law shall be grounds for revocation of City approval. Revocation of a local permit and/or a State license shall terminate the ability of the Cannabis Business to operate until a new permit and/or State license is obtained. B.

Minors. Medical Cannabis Businesses shall only allow on the premises a person who is 18 years of age or older and who possesses a valid government-issued photo identification card. Adult Use Cannabis Businesses shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.

C.

Inventory and tracking. Cannabis Operators shall at all times operate in a manner to prevent diversion of Cannabis and shall promptly comply with any track and trace program established by the State. D.

Multiple permits per site. Multiple Cannabis Businesses proposed on any one site or parcel shall be granted permit approval only if all of the proposed Cannabis Businesses and their co-location are authorized by both local and State law. Cannabis Operators issued permits for multiple license types at the same physical address shall maintain clear separation between license types unless otherwise authorized by local and State law.

E.

Building and fire permits. Cannabis Operators shall meet the following requirements prior to commencing operations:

1.

The Cannabis Operator shall obtain a building permit to conform with the appropriate occupancy classification and be in compliance with Chapter 18 of the City Code.

2.

The Cannabis Operator shall obtain all annual operating fire permits with inspections prior to operation. 3.

The Cannabis Operator shall comply with all applicable Health and Safety Code and California Fire Code requirements related to the storage, use and handling of hazardous materials and the generation of hazardous waste. Cannabis Operators shall also obtain all required Certified Unified Program Agency (CUPA) permits including completing a California Environmental Reporting System (CERS) submission for hazardous materials inventory that meet or exceed State thresholds and any waste generation for accountability.

4.

Access with a Fire Department lock box for keys to gates and doors shall be provided. F.

Transfer of ownership or operator. A permittee shall not transfer ownership or operational control of a Cannabis Business or transfer a permit for a Cannabis Business to another person unless and until the transferee obtains a zoning clearance from the Department stating that the transferee is now the permittee. The zoning clearance shall commit the transferee to compliance with each of the conditions of the original permit.

G.

Security. Cannabis Businesses shall provide adequate security on the premises, including lighting and alarms, to insure the public safety and the safety of persons within the facility and to protect the premises from theft. Applications for a Cannabis Business shall include a security plan that includes the following minimum security plan requirements:

1.

Security cameras. Security surveillance video cameras shall be installed and maintained in good working order to provide coverage on a 24-hour basis of all internal and exterior areas where Cannabis is cultivated, weighed, manufactured, packaged, stored, transferred, and dispensed. The security surveillance cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and shall be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for 60 days.

2.

Alarm system. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. Section 6-68.130 of the City Code requires that an alarm permit be obtained by the Santa Rosa Police Department prior to installing an alarm system. The alarm system shall include sensors to detect entry and exit from all secure areas and all windows. Cannabis Operators shall keep the name and contact information of the alarm system installation and monitoring company as part of the Cannabis Business's onsite books and records. Cannabis Operators shall identify a local site contact person who will be responsible for the use and shall provide and keep current full contact information to the Santa Rosa Police Department dispatch database as part of the alarm permitting process.

3.

Secure storage and waste. Cannabis Products and associated product waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.

4.

Transportation. Cannabis Businesses shall implement procedures for safe and secure transportation and delivery of Cannabis, Cannabis Products and currency in accordance with State law.

5.

Locks. All points of ingress and egress to a Cannabis Business shall be secured with Building Code compliant commercial-grade, non-residential door locks or window locks.

6.

Emergency access. Security measures shall be designed to ensure emergency access in compliance with the California Fire Code and Santa Rosa Fire Department standards.

H.

Odor control. Cannabis Businesses shall incorporate and maintain adequate odor control measures such that the odors of Cannabis cannot be detected from outside of the structure in which the Business operates. Applications for Cannabis Businesses shall include an odor mitigation plan certified by a licensed professional engineer that includes the following:

1.

Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;

2.

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)

Chapter 20-48 SHORT-TERM RENTALS (§ 20-48.010 – § 20-48.080)

This chapter provides a regulatory framework for the Short-Term Rental of residential units so that ShortTerm Rental activities do not become a nuisance or threat to the public peace, welfare, health, or safety of neighboring properties; to preserve the City's limited housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of Transient Occupancy Taxes (TOT) and Business

Improvement Area (BIA) assessments. In order to monitor the success of Chapter 20-48 in reaching these goals and objectives, City Council has directed staff to provide the Council with an opportunity to review Chapter 20-48, in its entirety, in or about August 2024. Council shall use that opportunity to determine if any revisions are necessary or appropriate. In the event that Council determines that no revisions are necessary or appropriate, or if no such Council review takes place, Chapter 20-48 shall remain in full force and effect as written.

(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 Ofcial.

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.

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)

Chapter 20-49 MASSAGE REGULATION AND MASSAGE ESTABLISHMENT REGISTRATION (§ 20-49.010 – § 20-49.120)

A.

In enacting this chapter, the city council acknowledges the valuable health and therapeutic services that commercial Massage Therapy can provide to the public. However, the council also recognizes the potential for unlawful activities associated with Massage Therapy, which can threaten the quality of life in the community if not properly regulated. Therefore, the purpose of this chapter is to protect public health, safety, and welfare by establishing clear regulations for Establishments providing Massage Therapy services, prohibiting prostitution and other illegal activities conducted under the guise of Massage Therapy, and setting specific sanitation, health, and operational standards for Massage Establishments.

B.

Additionally, this chapter aims to mitigate neighborhood blight and protect the integrity of both residential and commercial districts. It also seeks to strengthen enforcement of criminal laws pertaining to illegal activities conducted by Massage Establishment operators and employees. C.

It is the council's further purpose to implement the statewide regulations governing Massage Therapists and Establishments, as outlined in Business and Professions Code Section 4600 et seq. These regulations, enacted in 2008 and subsequently amended, will be used to restrict commercial massage practice in the city to only those Individuals certified by the California Massage Therapy Council. Additionally, the chapter will establish provisions for the registration and regulation of Massage Establishments to ensure public health and safety, within the limits of applicable law.

(Ord. 2025-004, 3/18/2025)

Unless the context indicates otherwise, the definitions provided in this section shall apply to the interpretation and application of terms used in this chapter. Any term not specifically defined herein or in chapter 20-70 of this Code shall be given its ordinary and commonly understood meaning. Where differing definitions may be found in this Code, the definitions contained in this section shall apply for purposes of this Chapter. As used in this Code, the following terms shall have the meanings specified below:

"Administrative Adjustment"

means the process by which certain Massage Related Uses, as defined in this Title, may receive use-specific relief from certain strict regulations contained in Sections 20-49.040, 20-49.050, and 20-49.060 of this Chapter, offering flexibility while maintaining the code's overall intent. Administrative adjustments have Director level review authority but may be deferred to the Planning Commission.

"Business Owner"

refers to any of the following Individuals:

1.

The sole proprietor of a Massage Business or Establishment;

2.

Any general partner of a partnership that owns and operates a Massage Business or Establishment; or

3.

Any Individual who has an ownership interest in a corporation that owns and operates a Massage Business or Establishment.

"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.

"Certifed Massage Establishment Certifcate"

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.

"Certifed 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.

"Certifed Massage Therapist Certifcate"

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.

"Certifed 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 Ofcer"

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 Ofcer"

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)

Chapter 20-50 PERMIT APPLICATION FILING AND PROCESSING (§ 20-50.010 – § 20-50.100)

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code.

(Ord. 3677 § 1, 2004)

A.

Zoning Code. Table 5-1 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of permit application required by this Zoning Code. The following standards apply to the use of Table 5-1.

1.

The Zoning Administrator may defer action on any decision assigned to the Zoning Administrator by Table 5- 1, and refer the request to a higher review authority, so that a higher review authority may instead make the decision.

2.

The Subdivision Committee may defer action on any decision assigned to the Subdivision Committee by Table 5-1, and refer the request to the Commission, so that the Commission may instead make the decision. B.

Other City approvals. Other City approvals may be required beyond those identified in Table 5-1. Examples include the following:

1.

Environmental Protection—Chapter 17-04; and

2.

Surface Mining and Reclamation—Chapter 17-32.

Table 5-1 - Review Authority

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3995 § 10, 2012; Ord. 2021-012 § 38; Ord. 2023-006,

6/6/2023; Ord. 2025-003, 2/25/2025; Ord. 2025-004, 3/18/2025; Ord. 2025-014, 11/18/2025)

A prospective applicant is strongly encouraged to request a pre-application review with the Department before permit application submittal.

A.

The purpose of this review is to inform the applicant of City requirements as they apply to the proposed project, review the City's permit review process, possible project alternatives or modifications, and to identify necessary technical studies and required information relating to the environmental review of the project. B.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application/project by Department representatives.

C.

The Council may establish a required fee for a pre-application review, to recover costs to the City to provide the service.

See also Section 20-50.050.D (Pre-application neighborhood meeting required).

(Ord. 3677 § 1, 2004)

A.

Purpose and intent. Concept review is intended to provide an opportunity for non-binding comments from the Design Review and Preservation Board (DRPB) to the applicant and interested citizens, as to how an application may meet the City's development priorities. Concept review is designed to offer advice and suggestions only, and shall not result in conclusions by the DRPB.

B.

Applicability. Concept review may occur when clarification or interpretation is needed regarding the application of City policies (e.g., the General Plan, Zoning Code, applicable design guidelines, etc.) or when it is agreed that guidelines or standards may not be clear. Typically, concept review may be conducted with large complex projects or when locations, or conditions of significant local concern are involved. C.

Review authority. The DRPB shall conduct concept review for projects in all Zoning Districts, including within the -H overlay.

D.

Application requirements. A request for concept review shall include the application form provided by the Department, the information required by the Department handout on concept review, and any required filing

fee.

E.

Scheduling of review. Concept review shall occur prior to the submittal of a development application. Scheduling shall depend on submittal of the necessary information, availability of staff resources, and available agenda time.

F.

Noticing of review.

1.

Mailed notice. Concept review shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the concept review.

2.

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 concept review, as indicated in Section 20-66.020.C.3.b.

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.

4.

Electronic notice.

a.

Notice shall be emailed to the Community Advisory Board (CAB).

b.

Notice shall be posted to an electronic distribution list for City public notices.

5.

Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size. G.

Form of review. Concept review shall:

1.

Be conducted as a public forum, open to interested citizens, and shall include an opportunity for citizens to comment; and

2.

Not include environmental review, referral comments, or staff analysis, and shall not substitute for development review and formal review by the DRPB.

H.

Role of DRPB. During concept review, the DRPB shall not take action or make decisions; comments made by members of the DRPB are not binding on future DRPB actions. Individual DRPB members are not required to comment or participate in concept review items.

(Ord. 3677 § 1, 2004; Ord. 2019-003 § 2; Ord. 2025-003, 2/25/2025)

A.

Pre-application neighborhood meeting required. Each discretionary project shall require a pre-application neighborhood meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.

1.

When neighborhood meetings are required:

a.

A development proposal that is a discretionary project, requires a public hearing, and that may affect a residential neighborhood shall require one or more neighborhood meetings in compliance with this Section. b.

A discretionary project is one that requires a decision based on the application of judgment by the Council, Commission, DRPB, Director, or the Zoning Administrator.

2.

When neighborhood meetings are not required:

a.

Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether or not a public hearing is required.

b.

Neighborhood meetings are not required for "ministerial" projects.

c.

Ministerial proposals include the issuance of Building Permits, or other applications where the discretionary approval or permit has been granted.

3.

When a neighborhood meeting may be required. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting, if there is significant controversy or if interest has been expressed by the neighborhood regarding the proposal. In these cases, the Director shall determine whether to hold a meeting.

4.

Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood is established and/or recent contact indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.

5.

Timing of neighborhood meeting.

a.

When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 3, above.

b.

If the neighborhood meeting is not held before submittal of the application for development, the application shall be deemed incomplete until the neighborhood meeting has been held.

6.

Follow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold a follow-up neighborhood meeting to explain project changes to the neighborhood, before the public review by the DRPB or Commission.

7.

Notification required.

a.

A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the development proposal.

b.

The applicant shall install a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled neighborhood meeting, as indicated in Section 20-66.020.C.3.b.

c.

The City shall post notices in at least two public places within the City boundary as specified by the Director.

d.

Notice shall also be given by posting on the Department's City webpage. Alternative online postings, including but not limited to social media are encouraged and at the discretion of the Director.

e.

Notice shall be emailed to the Community Advisory Board (CAB) and posted to an electronic distribution list for City public notices.

f.

Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

8.

Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain City policies, including provisions of the General Plan and this Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal, but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator, and take meeting notes.

9.

Applicant responsibilities at meeting. The applicant or representative is required to attend the neighborhood meeting and provide basic information including the following:

a.

Site analysis, graphically depicting existing conditions and the neighborhood context; b.

Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions;

c.

Conceptual building design information and the proposed density of the project;

d.

Purpose of the project and its target market.

Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.

B.

Application contents. Land use permit applications shall be filed with the Department using the forms provided by the Department. Applications shall include all necessary fees and/or deposits, and all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required by Chapter 20-52 (Permit Review Procedures) for the approval of the permit or other approval being requested.

C.

Eligibility for filing. Applications may only be filed by the owner of the subject property, or other person with the written consent of the property owner. If filed by another person, the property owner signature shall be on the application form.

D.

Filing date. The filing date of any application described in this Chapter shall be the date when the Department receives the last submission of information or materials required by subsection B, above, in compliance with Section 20-50.080 (Initial Application Review), below.

E.

Notice of application. All applications requiring a public hearing, and minor projects that received concept design review, shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the boundaries of the subject Assessor's parcels, posted to the Department's webpage, emailed to the Community Advisory Board (CAB), and posted to an electronic distribution list for City public notices within 45 days of the application submittal. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

rcels, posted to the Department's webpage, emailed to the Community Advisory Board (CAB), and posted to an electronic distribution list for City public notices within 45 days of the application submittal. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

(Ord. 3677 § 1, 2004; Ord. 2019-003 § 3; Ord. 2025-003, 2/25/2025)

A.

Fee Schedule. The Council shall set, by resolution, and may amend and revise from time to time, a schedule of fees for the processing of the permit applications required by this Zoning Code, hereafter referred to in this Zoning Code as the Council's Fee Schedule.

B.

Multiple applications. The City's processing fees are cumulative. For example, if an application for a Design Review also includes a Conditional Use Permit or a Zoning Map Amendment also includes a Tentative Map, both fees shall be charged.

C.

Timing of payment.

1.

Payment of fees required. All required fees shall be paid at the time an application is filed and no processing shall commence until all fees and deposits have been paid in full.

2.

Not deemed complete. The application shall not be deemed complete, in compliance with Section 20-50.080 (Initial Application Review), below, until all fees and deposits have been paid in full. D.

Refunds and withdrawals. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refunds due to a denial are allowed. In the case of a withdrawal, the Director shall have the sole discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal. (Ord. 3677 § 1, 2004)

A.

Agree to defend, indemnify, and hold harmless.

When submitting an application for a discretionary approval in compliance with this Zoning Code, except for those identified in Subsection B, below, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City of Santa Rosa and its agents, officers, and employees from any action, claim, or proceeding brought against the City or its agents, officers, or employees which challenges the validity of any approval by the City, its agencies, boards, Commission, or Council.

2.

The indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses awarded against the City, its agents, officers, and employees in connection with the action. B.

Discretionary approvals exempt from indemnification. Indemnification is not required for the following: 1.

Concept Review by the DRPB;

2.

Minor Conditional Use Permits for fences;

Minor Conditional Use Permits for home occupations;

Design changes which do not alter existing setbacks or the footprint of the structure (e.g., addition or modification of windows or a skylight);

5.

Sign permits;

6.

Temporary Use Permits for seasonal outdoor sales (e.g., Christmas trees);

Tree Permits; and

Other minor applications that are exempted in writing by the Director. C.

Notification to applicant. In the event that an action, claim, or proceeding described in Subsection A, above, is initiated against the City, the City shall promptly notify the applicant and property owner of the existence of the action, claim, or proceeding, and shall cooperate fully in the defense. D.

City may choose to participate. Nothing in this Section shall prohibit the City from participating in the defense of any claim.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

An application filed with the Department in compliance with this Zoning Code shall be processed in compliance with State law (Government Code Section 65943) and the following maximum time limits, as

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)

Chapter 20-52 PERMIT REVIEW PROCEDURES (§ 20-52.010 – § 2052.060)

A.

Permit review procedures. This chapter provides procedures for the final review, and approval or denial of the land use permit applications established by this Zoning Code.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 19 (Subdivisions) of the City Code. C.

Application filing and initial processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 20-50 (Permit Application Filing and Processing), for each application. (Ord. 3677 § 1, 2004)

A.

Purpose. A Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure is allowed in the applicable zoning district, and that the project complies with the development standards of this Zoning Code that apply to the use, consistent with the General Plan.

B.

Applicability.

When required. Where Division 2 (Zoning Districts and Allowable Land Uses) or other provision of this Zoning Code require a Zoning Clearance as a prerequisite to establishing a new or modified land use, authorizing a change in ownership, or the issuance of a Business Tax Certificate, the Zoning Clearance shall be required at the time of Department review of any change in use or occupancy authorization required by this Zoning Code.

a.

Land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

b.

Change of use. Whenever a use is proposed to be changed from an activity for which a Zoning Clearance has been issued, or which is exempt under Subsection B.1 (When required), whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.

c.

Change of tenancy or ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use or activity being conducted on the subject property.

d.

Residential use. The provisions of this section shall not apply to any residential land use or residential accessory land use within a residential zoning district.

C.

Form of Zoning Clearance. A Zoning Clearance may take the form of a Zoning Clearance Certificate, an authorized signature on another City approval document, a stamp or authorized signature on a set of building plans, or other form determined by the Director to be appropriate.

D.

Issuance. The Director shall issue the Zoning Clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed use.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2025-014, 11/18/2025)

A.

Purpose. This section establishes procedures for the City's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs), in compliance with the City's Design Guidelines.

B.

Applicability.

1.

Private Projects. Design Review approval is required for all projects requiring a Building Permit and all exterior physical changes to existing structures that may or may not require a Building Permit except for the following:

a.

Landscaping repair or replacement; b.

Parking lot repaving;

c.

Repainting, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building;

d.

Single-Family Residential accessory structures;

e.

Detached Single-Family dwellings;

f.

Up to two detached dwellings on one parcel resulting in no more than two units;

g.

Duplex, and Half-plex dwellings that do not result in more than two units;

h.

Missing Middle Housing developments designed in accordance with the standards listed in Section 2028.100;

i.

Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues;

j.

Activities subject to a Temporary Use Permit; and

k.

Electric Vehicle supply equipment.

2.

City Projects. The DRPB shall review conceptual plans for all development projects that are visible from the public right-of-way by any City agency or department that 1) exceed 10,000 square feet of building area; or 2) include new above-ground projects, such as bridges (at-grade roadways and sidewalks are exempt) or park improvements which include full park redesigns or the development of park master plans; or 3) any other public project as determined by the Director. Notwithstanding other provisions of this section, the review shall be for the purposes of providing feedback to the Council or Housing Authority. C.

Review authority. Table 5-2 identifies the review authority and notice requirements for Design Review.

D.

Design Review process. The stages of Design Review established by this chapter are as follows:

1.

Conceptual Design Review. Conceptual Design Review is highly advised and provides the applicant with the review authority's tentative reaction to the general design concept of a proposed project. The review shall not include a formal decision on the application by the review authority. This review is optional, except within an -H combining district (see Section 20-58.060) and for projects utilizing Streamlined Design Review, as described in subsection 3.

2.

The Design Review and Preservation Board or Zoning Administrator shall adopt a formal resolution approving the design.

a.

The Design Review Board or Zoning Administrator shall adopt a formal resolution approving the design. 3.

Streamlined Design Review. Subject to the provisions of Subsection 3.b below, Design Review approval for new development and major remodels, with the exception of projects located within the Historic (-H)

combining district, that meet the categories outlines in Subsection 3.a, are hereby delegated to the Zoning Administrator, through a streamlined process.

a.

Categories. Categories of Streamlined Design Review are as follows:

(1)

Priority Development Areas (PDAs). Design Review approval for new development and major remodels in one of the City's PDAs, which include childcare, lodging, mixed-use developments, multifamily residential, or single-room occupancy facility uses.

(2)

Affordable Housing. Design Review approval for new development and major remodels for projects where 100% of the units, excluding managers' units, within the development are dedicated as affordable to households making 60% or less of area median income (AMI), adjusted for family size. The development is subject to a recorded affordability agreement with the City's Housing and Community Services Department. b.

Requirements.

(1)

Pre-application Concept Design Review. Prior to submittal of an application for Streamlined Design Review, Concept Design Review by the Design Review Board, as described in Section 20-50.040, shall be required.

(2)

Pre-application neighborhood meeting. Prior to submittal of an application for Streamlined Design Review, a pre-application neighborhood meeting shall be required in compliance with Section 20-50.050.A.

c.

Review authority referral. The Zoning Administrator may defer any decision and refer the request to the Design Review Board, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.

d.

Appeals. Any appeal of a decision by the Zoning Administrator for Streamlined Design Review shall be heard and determined by the City Council.

E.

Application requirements. An application for Design Review approval 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 Design Review approval applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection J (Findings and decision), below.

F.

Project review. The review authority shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general. Review shall be conducted by comparing the proposed project to the General Plan, any applicable specific plan, applicable Zoning Code standards and requirements, consistency of the project with the City's Design Guidelines, architectural criteria for special areas, and other applicable City requirements (e.g., City policy statements and development plans).

G.

Review with other entitlements. Final Design Review approval for projects that also require the approval of a discretionary permit (e.g., Conditional Use Permit, Variance, etc.) shall be acted upon following land use approval by the review authority in compliance with Table 5-1 (Review Authority). H.

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.

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.

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

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)

Chapter 20-54 PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS (§ 20-54.010 – § 20-54.100)

This Chapter provides requirements for implementing or "exercising" the land use permits required by this Zoning Code, including time limits, and time extensions.

(Ord. 3677 § 1, 2004)

The permits required by this Zoning Code shall become effective on the 11th day following the date of the decision of the review authority, provided that no appeal has been filed in compliance with Chapter 20-62 (Appeals). Effective dates regarding subdivision matters are identified in Title 19 (Subdivisions).

(Ord. 3677 § 1, 2004)

City approval of a land use permit in compliance with Chapter 20-52 (Permit Review Procedures) or other provision of this Zoning Code (e.g., a Hillside Development Permit—Section 20-32.060) shall require that the subject land use and/or development be designed, constructed, and operated over the life of the project in compliance with the approved plans, all conditions of approval, and all applicable provisions of this Zoning Code. Changes to an approved project may be considered by the City in compliance with Section 20-54.060 (Changes to an Approved Project).

(Ord. 3677 § 1, 2004)

An applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any conditions of approval imposed by the review authority. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official. The guarantee shall be in a form acceptable to the City Attorney. (Ord. 3677 § 1, 2004)

A.

Time limits.

1.

Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any permit or approval not exercised within 24 months following the date on which the permit or approval was granted shall automatically expire and shall be void, except when associated with an approved Tentative Map in compliance with Subsection (A)(2), or where an extension of time is approved in compliance with Subsection B.

2.

All approved project entitlements, such as a Conditional Use Permit or Hillside Development Permit, associated with an approved Tentative Map shall remain effective concurrent with the period of time the Tentative Map is in effect. If an extension of time is requested for the associated Tentative Map, a similar extension of time for all associated entitlements shall be required and shall be processed concurrently with the Tentative Map extension request.

3.

The permit or approval shall not be deemed "exercised" until the permittee has substantially commenced the approved use on the site in compliance with the conditions of approval or a Building Permit has been issued involving the permit or approval and construction under the permit has commenced and is diligently pursued toward completion on the subject property.

4.

The permit or approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been granted.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit or approval, or the permit or approval shall automatically expire and shall be void, except where an extension of time is approved in compliance with Subsection B.

6.

If a land use that was established in compliance with a Conditional Use Permit ceases operation for six months or more, the Conditional Use Permit shall expire.

B.

Extensions of time. Upon written request by the applicant, the Director may extend the time limit established by Subsection A for a permit or approval to be exercised.

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or approval, together with the filing fee required by the Council's Fee Schedule. Expiration of the permit or approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.

2.

The Director shall determine whether the applicant has made a good faith effort to exercise the permit or approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.

3.

The Director may grant up to four 12-month extensions to the expiration date of the original approval only upon the Director's determination that conditions of the site and in the vicinity are substantially the same as when the permit or approval was originally granted.

C.

Effect of expiration. After the expiration of a permit or approval in compliance with Subsection A (Time limits), above, no further work shall be done on the site until a new permit or approval is first obtained.

(Ord. 3677 § 1, 2004; Ord. 3995 §§ 13, 14, 2012)

Development or a new land use authorized through a permit or approval granted in compliance with Chapter 20-52 (Permit Review Procedures) of this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved as follows.

A.

Application. An applicant shall submit an application requesting desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

1.

Design Review. Changes may be requested either before or during construction. 2.

Use Permit. Changes may be requested prior to or following the establishment and operation of the approved activity.

B.

Review Authority. Table 5-5 identifies the review authority and notice requirements for Changes to an approved project. The Zoning Administrator or the Director may choose to refer any requested change to the

original review authority for review and final action.

C.

The Director or Zoning Administrator action. The Director or Zoning Administrator, in compliance with Table 5-5, may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the Director or Zoning Administrator first finds that the changes:

1.

Are consistent with all applicable provisions of this Zoning Code;

2.

Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was a basis for conditions of approval by the review authority (i.e., the Commission or Council) in the project approval; and

4.

Do not result in an expansion of the land use and/or activity.

D.

Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection C, above, shall only be approved by the original review authority for the project through an amended project application processed in compliance with this Zoning Code utilizing the appropriate application checklist for the original review authority.

E.

Notice of pending action. Prior to taking action on any Director level review for this Section, the Director shall notify by mail nearby property owners and others as set forth in Section 20-66.020C.1. The notice shall state that the Director will decide whether to approve or disapprove the application on a date specified in the notice and shall state the ten-day appeal period window of that decision in accordance with Chapter 20-62, Appeals.

(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)

Chapter 20-56 DEVELOPMENT AGREEMENTS (§ 20-56.010 – § 2056.090)

A.

Purpose and intent of a development agreement. A development agreement is a contract between the City and an applicant for a development project. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further important Citywide goals and policies which have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.

B.

Procedures. This Chapter provides procedures and requirements for the review, approval, and amendment of development agreements.

(Ord. 3677 § 1, 2004)

A.

Initiation. Consideration of a development agreement may be initiated by:

The Council;

The Commission; or

3.

Property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.

B.

Interpretation of provisions. In construing the provisions of any development agreement executed in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the specific language of this Zoning Code and the agreement itself. C.

Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:

The terms of the development agreement itself; and

The provisions of this Chapter. (Ord. 3677 § 1, 2004)

An application for a development agreement shall be considered by the Commission and Council in compliance with Section 20-56.040 E. (Notice and public hearings), below.

(Ord. 3677 § 1, 2004)

A.

Application requirements. An owner of real property may request and apply through the Director to enter into a development agreement provided the following:

1.

The development agreement, if approved, would be in the best interests of the City;

2.

The status of the applicant as an owner of the property is established to the satisfaction of the Director;

3.

The application is made on forms approved, and contains all information required, by the Director; and 4.

The application is accompanied by all lawfully required documents, information, materials, and applicable fees, in compliance with Subsection C, (Processing and review fees) below.

B.

Review and processing. The Director shall receive, review, process, and prepare, together with

recommendations for Commission and Council consideration, all applications for development agreements. C.

Processing and review fees.

1.

Processing fees. Processing fees, as established by the Council's Fee Schedule, shall be collected for any application for a development agreement made in compliance with this Chapter.

2.

Periodic reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 20-56.070 (Periodic Review), below.

D.

Contents of development agreement.

1.

Mandatory contents. A development agreement shall specify the duration of the agreement, the allowed uses of the property, the density or intensity of the use, the maximum height and size of the proposed structures, and provisions for reservation or dedication of land for public purposes.

2.

Permissive contents. The development agreement may also include the following:

a.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and the density or intensity of development identified in the agreement;

b.

A requirement that construction shall be commenced within a specified period of time and that the project, or any phase of the project, be completed within a specified time; and

c.

Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

E.

Public notice and hearings.

1.

Notice. Notice of the hearings, identified in Subparagraphs 2 and 3, below, shall be given in the form of a notice of intention to consider approval of a development agreement.

2.

Commission. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 20-66 (Public Hearings). Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, conditionally approve, or deny the application.

3.

Council. Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before the Council in compliance with Chapter 20-66 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application in compliance with Subparagraph 7 (Findings), below.

4.

Terms and conditions. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the terms and

conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the Mayor.

5.

Ordinance. The ordinance shall contain the findings identified in Subparagraph 7 (Findings), below, and the facts supporting them.

6.

Evidence. It is the responsibility of the applicant to establish evidence in support of the required findings. 7.

Findings. The development agreement shall be approved only after first finding that:

a.

The development agreement is in the best interests of the City;

b.

The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Zoning Code;

c.

The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;

d.

The project will further important Citywide goals and policies that have been officially recognized by the Council; and

e.

The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.

8.

Referendum. The ordinance may be subjected to referendum.

(Ord. 3677 § 1, 2004)

A.

Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Subparagraph E.5, above, becomes effective.

B.

Mutual consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.

C.

Conditioning approval. The provisions of this Chapter shall not be construed to prohibit the Director, Commission, or Council from conditioning approval of a discretionary permit or approval on the execution of a development agreement where the condition is otherwise authorized by law.

D.

Recordation. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed.

(Ord. 3677 § 1, 2004)

The approval or conditional approval of a development agreement in compliance with this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code.

(Ord. 3677 § 1, 2004)

A.

Periodic review required.

1.

Every development agreement, approved and executed shall be subject to periodic review, as specified in the agreement, by the Director during the full term of the agreement.

2.

Appropriate fees to cover the City's costs to conduct the periodic review shall be collected from the applicant or contracting party in compliance with Subsection C, (Processing and review fees), above. B.

Purpose of review.

1.

The purpose of the review shall be to determine whether the applicant or contracting party or the successors-in-interest has complied in good faith with the terms and conditions of the development agreement.

2.

The burden of proof shall be on the applicant or contracting party or the successors-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the Director. C.

Compliance with the terms or conditions. If the Commission finds, on the basis of substantial evidence, that the applicant or contracting party or the successors-in-interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with Chapter 20-66 (Public Hearings), the agreement to be terminated or modified.

(Ord. 3677 § 1, 2004)

A.

Amendments or cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors-in-interest.

B.

Processing procedures. The requested amendment or cancellation shall be processed in the same manner identified by this Chapter for the adoption of a development agreement. (Ord. 3677 § 1, 2004)

A.

Rules, regulations, and policies. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement. B.

Rights of the City. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

(Ord. 3677 § 1, 2004)

Chapter 20-58 HISTORIC AND CULTURAL PRESERVATION (§ 2058.010 – § 20-58.120)

The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the community by providing procedures for the identification, protection, enhancement, perpetuation and use of buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features, and significant permanent landscaping, that have special historical, archaeological, cultural, or architectural value in the City that will allow development to proceed while maintaining historic resources for the following reasons:

A.

To safeguard the City's heritage as embodied and reflected in such resources;

B.

To encourage public knowledge, understanding, and appreciation of the City's past; C.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources;

D.

To promote the use and enjoyment of cultural resources beneficial to the education and welfare of the people of the City;

E.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history and to encourage complementary, contemporary design and construction; F.

To protect or enhance property values and to strengthen the economy of the City and the financial stability of its inhabitants;

G.

To protect and enhance the City's attraction to tourists and visitors, thereby stimulating business and industry;

H.

To identify as early as possible and resolve possible conflicts between the preservation of cultural resources and alternative land uses;

I.

To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes;

J.

To conserve valuable material and energy resources by the ongoing use and maintenance of the existing built environment;

K.

To foster and encourage the preservation, restoration and rehabilitation of structures, areas and neighborhoods and thereby prevent future urban blight.

(Ord. 3677 § 1, 2004; Ord. 2020-014 § 31; Ord. 2025-003, 2/25/2025)

A.

Relationship to CEQA. Decisions by the City in compliance with this Chapter are "discretionary" and relate to

"discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a Building Permit, or other City approval that would authorize any change in the exterior of any proposed or designated landmark, or the exterior of any structure, building or significant feature within a designated preservation district, is a discretionary permit or approval within the meaning of CEQA, except as otherwise allowed or directed by the State of California.

B.

Exceptions. Exceptions to the provisions of this Chapter in cases of dangerous conditions or economic hardship may be granted in compliance with Section 20-58.070 (Exceptions).

C.

Design guidelines. See Section 4.7 (Historic Properties and Districts) of the City's Design Guidelines in addition to the requirements of this Chapter.

D.

Review materials:

1.

Processing Review Procedures for Owners of Historic Properties.

2.

Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (2017 Revision).

(Ord. 3677 § 1, 2004; Ord. 3942 § 2, 2010; Ord. 3955 § 2, 2010; Ord. 2020-014 § 32; Ord. 2025-003,

2/25/2025)

Definitions of the technical terms and phrases used in this Chapter may be found in Division 7 (Glossary), under "Historic and Cultural Preservation."

(Ord. 3677 § 1, 2004)

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). (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Initiation or termination of designation. A rezoning (Chapter 20-62) to designate a landmark or preservation district, or to repeal or modify a landmark or preservation district designation, may be initiated by resolution of the DRPB, the Council, the Commission, or by property owner application.

1.

Where the initiation is by the property owner, the application shall include the forms and other information required by the Planning and Economic Development Department, to ensure the fullest practical presentation of the facts for proper consideration of the application.

2.

Where the initiation is by the City Council, or the DRPB or Commission at the direction of Council, the Department shall collect and compile the data and information that otherwise would have been required with an application.

3.

Once the information has been compiled and reviewed by the Department, the initiating resolution shall be processed in the same manner as an application that has been determined to be complete.

A proposal or application to terminate or modify a landmark or preservation district designation shall be processed under the same rules and procedures required to designate a landmark or preservation district, and shall require the submittal of a historic resource survey/evaluation prepared by a qualified professional.

B.

DRPB review. The DRPB shall review the application, the site and its surroundings, and any related information, to ensure that the decision of the DRPB in response to the proposal will be consistent with the intent and purposes of this Chapter. The review may be conducted by members of the DRPB or the Director.

C.

Public notice and hearing. Upon completion of the review required by Subsection A(3), the matter shall be

set for public hearing before the DRPB. Public notice shall be provided, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings).

D.

DRPB decision. The DRPB may, by resolution, recommend to the Council the approval or denial of a proposed designation as follows.

1.

Approval of designation. After first making one or both of the following findings, the DRPB may recommend to the Council that:

a.

A specific site, place, building, structure, street, street furniture, sign, work of art, natural feature or other object be designated a landmark, if the DRPB first finds that the feature to be designated has specific historical, archaeological, cultural or architectural value in the City and that the purposes of this Chapter would be furthered by the designation; or

b.

An area of the City be designated a preservation district, if the DRPB first finds that the proposed area has historical significance or represents one or more architectural periods or styles typical to the history of the City and that the purposes of this Chapter would be furthered by the designation. 2.

Denial of designation. The DRPB may recommend to the Council that an application or proposal to designate a landmark, or a preservation district, be denied based upon the evidence presented, or lack thereof. E.

Council hearing. The Council shall schedule a public hearing on a proposed landmark or preservation district designation, or termination, upon receipt of a recommendation from the DRPB. Notice shall be given, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings). Following the closing of the hearing, the Council, based upon the information presented, shall act on the DRPB recommendation by either making the recommended designation, in whole or in part, or denying the application or proposal.

F.

Council decision. A landmark or preservation district shall be designated by the Council through the rezoning of the site to apply the Historic (-H) combining district (Section 20-28.030), in compliance with Chapter 20-64 (Amendments).

1.

A copy of the ordinance designating a landmark or preservation district shall be sent to the landmark owners, or all owners of property within the preservation district, as applicable.

2.

A denial by the Council shall preclude reconsideration of the proposal for a period of one year from the date of the denial, unless the denial was specifically made without prejudice to the filing of a new application or proposal at any time, pursuant to Section 20-54.080. G.

Notice of designation. Notice of the designation of a landmark or preservation district shall be transmitted by the City Clerk to the Sonoma County Assessor, the Sonoma County Recorder, and any other interested agencies.

H.

Effective date of designation. The provisions of this Chapter regulating landmarks and preservation districts shall apply from the effective date of the rezoning to apply the Historic (-H) combining district to the site and shall become inapplicable only as of the effective date of a rezoning to remove the Historic (-H) combining designation.

I.

Duty to maintain.

1.

Each person in possession or control and every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of the landmark and premises. Good repair is defined as the level of maintenance and repair that clearly insures the continued availability of the landmark and premises for lawful reasonable uses and prevents deterioration, dilapidation and/or decay of the landmark and premises.

2.

Each person in possession or control and every owner of property located within a designated Preservation District shall maintain and keep in good repair the exterior of any structure, building and premises located within the district. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of the structures, buildings and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of the structures, buildings and premises. (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Applicability.

1.

Landmark Alteration Permit required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any designated landmark, or any structure, building

or significant feature within a preservation district without having obtained a Landmark Alteration Permit in compliance with this section.

2.

Exemptions from permit requirement. A Landmark Alteration Permit is not required for the following, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties:

a.

Repair, renovation or restoration involving the replacement of broken or damaged materials for structures identified as a contributor to a Preservation District, where original materials are proposed, and the repair, renovations or restorations do not include a change to the design of the structure;

b.

Repair, renovation or restoration using similar materials for structures identified as a non-contributor to a Preservation District;

c.

Repainting of previously painted exterior materials, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building. Painting of previously unpainted exterior materials requires the approval of a Minor Landmark Alteration Permit, as identified in subsection (C)(2);

d.

Installation of rain gutters or downspouts;

e.

Installation of roof ventilators or skylights on areas of the roof that are not visible from the public right-ofway;

f.

Installation of a window air conditioning unit, on a side or rear elevation only;

g.

Demolition or removal of a non-historic building;

h.

Re-roofing a structure with materials determined to be similar to the original era, and that do not change the original roofline, except where original materials are no longer allowed by Building Code (e.g. asphalt or composition shingles in place of wood shingles);

i.

Replacement windows and doors that match the original location, size and configuration, and utilize original materials to the era;

j.

Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues; k.

Alterations or additions to structures that are identified as non-contributors to their respective Preservation District, if the alterations or additions are not readily visible from the public right-of-way; l.

Installation of new landscaping and site features, including walkways and fences that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar features

within the Preservation District; or

m.

Accessory dwelling units in compliance with Section 20-42.130.

B.

Application requirements. Landmark Alteration Permit application preparation, filing, and processing shall comply with all applicable requirements of Chapter 20-50 (Permit Application Filing and Processing).

C.

Review authority. A Director Level Landmark Alteration Permit shall be approved or denied by the Director of the Planning and Economic Development Department. A Minor Landmark Alteration Permit shall be approved or denied by the Zoning Administrator. A Major Landmark Alteration Permit shall be approved or denied by the DRPB. All Landmark Alteration Permit actions shall be subject to the findings including in Section 20-58.060(F).

1.

Director Level Landmark Alteration Permit. A Director Level Landmark Alteration Permit shall be required for the following, and similar activities as determined by the Director, if the project is found consistent with applicable 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.

Non-Contributor: Any alterations or additions to a property identified as a non-contributor to a Preservation District when the alterations or additions are found to be compatible with the streetscape within the District. The applicant shall provide documentation through photographs, plans or other means to demonstrate compatibility with the streetscape;

b.

Contributor: The following alterations or additions to a property identified as a contributor to a Preservation District:

(1)

Renovation or restoration involving the replacement of broken or damaged materials, where a change in design or materials is proposed;

(2)

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 are not readily visible from the public right-of-way;

(3)

Additions to existing single-family residential, multi-family residential or non-residential structures involving less than 500 square-feet and that are not readily visible from the public right-of-way;

(4)

An accessory structure, less than 500 square-feet in size, located in the rear yard of a non-corner lot, or otherwise not readily visible from the public right-of-way, including a garage, carport, storage shed, or other small structure, in compliance with all other applicable requirements of this Zoning Code;

(5)

New fences, or replacement fences proposed with different materials or a different design, that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar fences within the Preservation District;

(6)

Installation of roof ventilators or skylights, where visible from the public right-of-way;

(7)

Re-roofing a structure with materials other than the original era of the structure (e.g. tar and gravel roof), that do not otherwise qualify for an exemption;

(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

ve 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)

Chapter 20-60 ADMINISTRATIVE RESPONSIBILITY (§ 20-60.010 – § 2060.090)

This Chapter describes the authority and responsibilities of City staff and official bodies in the administration of this Zoning Code, in addition to the Council.

(Ord. 3677 § 1, 2004)

The functions of a Planning Agency shall be performed by the Santa Rosa City Council, Planning Commission, Design Review and Preservation Board, Zoning Administrator, Director of Planning and Economic Development, and the Planning Division of the City's Planning and Economic Development Department, in compliance with Title 2 of the City Code. Each shall perform Planning Agency functions as assigned or delegated by the Council.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

The Santa Rosa City Council, referred to in this Zoning Code as the Council, shall perform the duties and functions identified in this Zoning Code in matters related to the City's planning process. (Ord. 3677 § 1, 2004)

A.

Appointments. The Council shall appoint members of the Planning Commission and DRPB as follows:

1.

Each Council member shall appoint one member of the Commission ("appointee"), whose term shall coincide with the term of the appointing Council member.

2.

The full Council shall appoint each member of the DRPB, whose term shall be indicated by the full Council, or until a successor has been appointed, pursuant to Council Policy 000-06.

3.

Each appointee shall serve at the pleasure of the appointing Council member or full Council.

4.

All appointees shall be residents of the City at all times during their respective terms.

5.

No appointee shall be an officer or employee of the City.

B.

Removal of appointee. Removal of an appointee by the appointing Council member shall only occur at a Council meeting and shall be recorded in the minutes of that meeting.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Establishment. The seven-member Santa Rosa Planning Commission, referred to in this Zoning Code as the Commission, is hereby established in compliance with City Code Section 2-12.010.

B.

Rules for transaction of business and records.

1.

The Commission may adopt rules and procedures for the purpose of implementing City ordinances, Council policies relating to planning matters, and this Zoning Code and for the purpose of conducting the business and exercising the powers of the Commission.

2.

The Commission shall keep a public record of all determinations, findings, resolutions, and transactions.

3.

A summary of all pertinent evidence offered at a public hearing and the names of persons testifying shall be recorded and made a part of the permanent Commission file.

C.

Terms of office. Each member of the Commission shall be appointed for a term that coincides with the term of the appointing Council member, in compliance with Section 2-12.020 of the City Code.

D.

Regular meetings. The Commission shall schedule at least two regular meetings each month. The meetings shall be held on the second and fourth Thursday of each month at the City Hall.

E.

Organization.

1.

Appointment of Chairperson. The Mayor shall appoint the Chairperson of the Commission, with the concurrence of the Council, prior to the first regular annual meeting of the Commission in January. The term of the Chairperson shall expire upon the appointment of a replacement in compliance with this schedule, or upon the appointment of a new Chairperson. The Chairperson shall preside at meetings of the Commission

and shall represent the Commission at functions and perform other duties as are appropriate or as may be assigned by the Commission or the Council.

2.

Election of Vice-Chairperson. The Commission shall annually elect a Vice-Chairperson from its membership at its first regular meeting in January. The term of the Vice-Chairperson shall expire upon the election of a replacement in compliance with this schedule, or upon the election of a new Vice Chairperson. The ViceChairperson shall preside at meetings and perform the duties of the Chairperson in the Chairperson's absence.

F.

Authority and duties. The Commission shall have the authority to perform the duties and functions identified by Section 20-50.020, Table 5-1 (Review Authority).

G.

Quorum.

1.

Four members of the Commission shall constitute a quorum.

2.

A member who is present, but is disqualified from participating in a matter, shall not be counted in determining whether a quorum is present for that matter.

3.

For all recommendations on legislative acts and decisions on Variances, four affirmative votes are required. 4.

For all other actions, a vote by a majority of the quorum is required. H.

Removal or vacancy.

1.

A member of the Commission may be removed by the affirmative vote of at least four members of the Council, or the appointing Council member.

2.

A vacancy shall be filled in the same manner as the original appointment.

3.

A person appointed to fill a vacancy shall serve for the remainder of the unexpired term. (Ord. 3677 § 1, 2004)

A.

Establishment. The seven-member Santa Rosa Design Review and Preservation Board, referred to in this Zoning Code as the DRPB, which shall also serve as the City of Santa Rosa's historic and cultural preservation review authority, is hereby established.

B.

Qualifications. DRPB members shall be qualified as follows. The full membership of the DRPB shall be in compliance with the following qualifications on or before February 28, 2026, with each Board member filling only one of the identified qualifications.

1.

At least two members shall be licensed architects.

2.

At least one member shall be a licensed landscape architect or licensed landscape contractor, or shall have a college degree or applicable professional experience in the field of landscaping.

At least one member shall be an archaeologist, architectural historian, or historian.

4.

The remaining members shall be representative of the community at large, preferably involved in the design, construction, civil or structural engineering, and/or historic preservation industry.

5.

All members shall demonstrate knowledge or interest in the quality of architectural design and historic preservation of the City.

C.

Rules for transaction of business and records. The DRPB shall adopt rules and procedures for the transaction of its business. The Department shall keep a public record of all determinations, findings, resolutions, and transactions of the DRPB.

D.

Terms of office. Except as provided in Subsection I (Removal or vacancy), the term of office for each DRPB member shall coincide with the term of the appointing Council member; provided, the term shall be automatically extended until a successor has been appointed, qualified, and seated.

E.

Regular meetings. The DRPB shall hold at least two regular meeting each month. The regular meetings shall be held on the first and third Thursday of each month at the City Hall. F.

Organization.

1.

Appointment of Chairperson. The Mayor shall appoint the Chairperson of the DRPB, with the concurrence of the Council, prior to the first regular annual meeting of the DRPB in January. The term of the Chairperson shall expire upon the appointment of a replacement in compliance with this schedule, or upon the appointment of a new Chairperson. The Chairperson shall preside at meetings of the DRPB and shall represent the DRPB at functions and perform other duties as are appropriate or as may be assigned by the DRPB or the Council.

2.

Election of Vice-Chairperson. The DRPB shall annually elect a Vice- Chairperson from its membership at its first regular meeting in January. The term of the Vice-Chairperson shall expire upon the election of a replacement in compliance with this schedule, or upon the election of a new Vice- Chairperson. The ViceChairperson shall preside at meetings and perform the duties of the Chairperson in the Chairperson's absence.

G.

Authority and duties.

1.

The DRPB shall have the authority to perform the duties and functions identified by Section 20-50.020, Table 5-1 (Review Authority), and Section 20-52.030 (Design Review).

2.

The DRPB shall review and recommend revisions to the Design Guidelines as appropriate.

3.

As it relates to historic and cultural preservation, the DRPB shall perform its duties in compliance with this Chapter and Chapter 20-58 (Historic and Cultural Preservation) and shall:

a.

Review surveys of neighborhoods, objects, places, sites, and structures within the City that may qualify or be eligible for designation as a landmark or preservation district;

b.

Recommend designations of landmarks and preservation districts to the Council and as to each recommended designation:

(1)

Recommend the environmental determination that should be made for the designation, and

(2)

Recommend the determination that should be made with respect to the designation's consistency with the General Plan;

c.

Review and make determinations on alteration, development, demolition, rehabilitation, and restoration proposals for landmarks and preservation districts;

d.

Review and make determinations on alterations and enlargements of nonconforming structures of historical significance in compliance with Section 20-52.050 (Minor Conditional Use Permits) and Subsection 2061.050 A. (Historic structures);

e.

Compile and maintain a current register of all designated landmarks and preservation districts within the City;

f.

Work for the continuing education of the citizens of the City about the heritage of the City and the designated landmarks and preservation districts within the City;

g.

Seek means for the preservation, protection, and retention of any landmark and preservation district, including suggesting appropriate legislation, seeking financial support from individuals and local, State, and Federal governments, and establishing a private funding organization;

h.

Coordinate its activities, where practical and advantageous to do so, with the Sonoma County, the State and Federal governments; and

i.

Consult with and advise the Council in connection with the exercise of the DRPB's duties and functions. 4.

The DRPB may:

a.

Prepare and adopt plans for the preservation of landmarks and preservation districts within the City; and b.

Recommend General Plan and Zoning Map amendments to the Commission and Council for the purpose of preserving landmarks and preservation districts.

H.

Quorum. Four members of the DRPB shall constitute a quorum. A vote by a majority of the quorum is required for all decisions except for sign Variances, which require four affirmative votes.

I.

Removal or vacancy.

1.

A member of the DRPB may be removed by the affirmative vote of at least four members of the Council, or the appointing Council member.

2.

A vacancy shall be filled in the same manner as the original appointment.

3.

A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

Prior History: Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 34; repealed by Ord. 2025003, 2/25/2025.

A.

Appointment. The Santa Rosa Director of Planning and Economic Development, referred to in this Zoning Code as the Director, shall be appointed by the City Manager.

B.

Duties and Authority. The Director shall:

1.

Acting directly, or through a subordinate employee designated as Zoning Administrator in compliance with Section 20-60.090 (Zoning Administrator), perform the duties and functions identified in this Zoning Code,

including the initial review of land use applications, in compliance with Section 20-50.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's environmental review procedures identified in Title 17 of the City Code (Environmental Protection), giving of notices, preparing reports, issuing Certificates of Zoning Compliance, receiving and processing appeals, terminating incomplete applications, and receiving and accounting for fees;

Perform other responsibilities assigned by the City Manager, DRPB, Commission, and Council;

3.

Supervise Department staff members assigned to the Department's administration;

4.

Maintain the sections of this Zoning Code, Zoning Map, and all records of zoning actions and cases; 5.

Approve site plans as provided by this Zoning Code;

6.

Attend meetings and serve as principal advisor to the Commission and DRPB. The Director shall also serve as secretary to the Commission and DRPB and in this capacity shall prepare and keep minutes and all other records of these review authorities;

7.

Report regularly to the Commission on actions taken by the Department, including the number of cases handled, and their disposal and recommendations for amendments of this Zoning Code; and

8.

Refer, at the Director's sole discretion, any of the above or other matters to the Commission for its review and action, and to notify the applicant or other affected person of the referral. C.

Delegation and Supervision. The Director may delegate the responsibilities of the Director to assigned Department staff under the supervision of the Director. This delegation shall be confirmed in writing. When the Director designates a Department staff person, the staff person shall perform the duties assigned by the

Director, in addition to those listed in Subsection B. above, as appropriate to the personnel title of the designee.

D.

Any project reviewed as a Zoning Administrator Public Meeting may be elevated by the Director to the Zoning Administrator Public Hearing. The applicant shall be responsible for the Zoning Administrator Public Hearing fee identified in the current Planning and Economic Development Department Fee Schedule.

E.

Consolidated Review. The intent of this section is to allow the Director to elevate projects with requests for multiple entitlements to the highest review authority required.

1.

Any project that requires multiple entitlements where at least one entitlement requires review by the Zoning Administrator (including, but not limited to, Minor Use Permit, Minor Hillside Development Permit, Minor Variance, Request for Reasonable Accommodation, Sign Variance, and Small Lot Use Permits in Priority Development Areas), and where at least one entitlement requires review by the Planning Commission, may hereby be elevated by the Director to the Planning Commission for review.

ew by the Zoning Administrator (including, but not limited to, Minor Use Permit, Minor Hillside Development Permit, Minor Variance, Request for Reasonable Accommodation, Sign Variance, and Small Lot Use Permits in Priority Development Areas), and where at least one entitlement requires review by the Planning Commission, may hereby be elevated by the Director to the Planning Commission for review.

2.

Any project that requires multiple entitlements where at least one entitlement requires review by the

Subdivision Committee and where at least one entitlement requires review by the Planning Commission. (Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024; Ord. 2025-003, 2/25/2025; Ord. 2025-014, 11/18/2025)

A.

Appointment. The Santa Rosa Zoning Administrator, referred to in this Zoning Code as the Zoning Administrator, shall be appointed by the Director.

B.

Duties and authority. The Zoning Administrator shall:

1.

Have the responsibility and authority to take action on applications for all administrative permits and approvals issued by the Department;

2.

Perform other responsibilities assigned by the Director, Commission, and Council; and

3.

Perform the duties and functions identified in this Zoning Code, including Section 20-50.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's environmental review procedures identified in Title 17 of the City Code (Environmental Protection), giving notices, preparing reports, issuing Certificates of Zoning Compliance, receiving and

processing appeals, terminating incomplete applications, and receiving and accounting for fees;

Review authority referral. The Zoning Administrator may defer any decision and refer the request to the respective higher Review Authority, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.

C.

Delegation and supervision. The Director may delegate the responsibilities of the Zoning Administrator to assigned Department staff under the supervision of the Director.

(Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024)

Chapter 20-61 NONCONFORMING USES, STRUCTURES, AND PARCELS (§ 20-61.010 – § 20-61.070)

A.

Purpose. This Chapter provides regulations for nonconforming uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code, or future amendments.

B.

Intent. It is the intent of this Chapter to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this Chapter.

C.

Detrimental to orderly development. The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the City and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any nonconformity.

D.

Illegal use or structure. Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this Zoning Code, is not a nonconforming use or structure, and the use or structure is in violation of this Code.

(Ord. 3677 § 1, 2004)

A.

Continued, transferred, or sold. Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.

B.

Replacing nonconforming uses with similar uses.

1.

A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of the nonconformity.

2.

The replacement nonconforming use shall serve as the "new bench mark" in terms of establishing the acceptable level of nonconformity.

3.

Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

C.

Enlargement or expansion of use not allowed.

1.

Nonconforming use of land. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area, or increased in intensity. "Accessory structures," as used in this Subsection, include driveways, fences, parking areas, signs, walls, or minor structures less than 400 square feet in area.

Nonconforming use of a structure. Changes to a nonconforming use of a structure by addition, enlargement, extension, reconstruction, or relocation, may be allowed only if the changes comply with all of the regulations of the applicable zoning district and the following provisions:

a.

A nonconforming use of a structure may only be expanded or enlarged in size or capacity, or extended to occupy a greater area, or increased in intensity through the approval of a Minor Conditional Use Permit in compliance with Section 20-52.050.

b.

In approving the Minor Conditional Use Permit, the review authority shall make the following finding, in addition to those identified in Section 20-52.050 G. (Findings and decision): The enlargement, expansion, extension, or increase would not increase the degree or the detrimental effects of the nonconformity.

D.

Loss of nonconforming status.

1.

If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six months, the rights to legal nonconforming status shall terminate. The time limit for maintaining a legal nonconforming status for properties located along the north side of Sebastopol

Road to Highway 12, between Stony Point Road and Dutton Avenue, as illustrated in Figure 6-1, shall be 24 months, for existing nonconforming uses and structures, to maintain a vibrant and thriving industrial area until such time as the area is ready to convert to residential and mixed residential and retail uses. 2.

The nonconforming use shall not be resumed once the use has been terminated for at least six months, or 24 months for properties located along the north side of Sebastopol Road, between Stony Point Road and Dutton Avenue.

3.

The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation.

4.

Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

==> picture [518 x 265] intentionally omitted <==

Figure 6-1 - Sebastopol Road north to Highway 12, between Stony Point Road and Dutton Avenue

E.

Gas station modifications.

1.

Gas stations and related fossil fuel infrastructure shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use except as outlined below or as required for compliance with local, state, or federal law, or as approved by the CUPA. Fossil fuel infrastructure subject to this provision includes, but is not limited to, structures, features, and facilities related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers). A Minor Use Permit shall be required for any modifications to existing gas stations and fossil fuel infrastructure unless proposed modifications are subject to review by a higher review authority pursuant to City Code Section 20-50.020, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority. Land use entitlements required pursuant to this section are in addition to applicable CUPA permitting requirements. a.

Modifications to improve air, soil, groundwater, and stormwater quality. Gas stations may be modified to conform to current air or stormwater quality control regulations or to remediate contamination of soil or groundwater.

b.

Modifications to improve traffic safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a gas station may be modified to improve public safety.

c.

Modifications to enable zero emission vehicles (battery charging station). Gas stations may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for battery charging stations.

d.

Temporary and permanent closure of gas stations. The temporary and permanent closure of gas stations shall be subject to City Code Title 17, Environmental Protection, Chapter 17-34, Certified Unified Program

Agency (CUPA), and California Code of Regulations Title 23, Chapter 16, Article 7, Underground Storage Tank Closure Requirements, Sections 2670-2672, Temporary and Permanent Closure, and as outlined in the Santa Rosa Fire Department Underground Storage Tank Closure Policy and Guidelines.

F.

Nonconforming uses affected by a Hazard. See Chapter 20-35, Resilient City Standards.

(Ord. 3677 § 1, 2004; Ord. 4074 § 6, 2016; Ord. 2022-010 § 5; Ord. 2024-012, 11/19/2024)

A.

Continued, transferred, or sold. Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.

B.

Nonconforming structures and involuntary damage. This section shall not apply to destroyed nonconforming single and multi family dwelling units as provided by Section 20-61.050.C declared Hazards as provided by Chapter 20-35, Resilient City Standards. The nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) provided that the structure may be repaired and reoccupied only in the following manner:

1.

Damage up to 50 percent of market value. A nonconforming structure involuntarily damaged up to 50

percent of its current market value (as defined in Subparagraph D.b, below) may be reconstructed, repaired, restored, and used as before; provided that the restoration is initiated (as defined in Subparagraph D.a, below) within 12 months, and is substantially completed within 24 months from the date of application for the required Building Permit.

2.

Damage to 50 percent or more of market value. A nonconforming structure involuntarily damaged to 50 percent or more of its current market value (as defined in Subparagraph D.b, below) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the subject zoning district.

C.

Nonconforming structures and voluntary repair and maintenance. The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this Subparagraph. A nonconforming structure may undergo ordinary and normal repair and maintenance only in the following manner:

1.

Minor repair. Minor normal repair and maintenance may be made to a nonconforming structure:

a.

Provided that no structural alterations are made (exception: see Subparagraph (C)(1)(b), immediately below), and the work does not exceed 50 percent of the current market value of the structure during any calendar

year;

b.

For purpose of this Subparagraph the cost of any required foundation work shall not be counted within the 50 percent limitation.

2.

Major repair. Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current market value of the structure, before damage or destruction, may occur with Conditional Use Permit approval, where the review authority first determines that the major repairs are necessary to correct potential hazards to public health or safety.

Other voluntary modifications. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed with Conditional Use Permit approval; provided that the review authority determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with Subparagraphs (C)(1) and (C)(2), above.

D.

Definitions.

a.

Restoration is initiated. As used in this Section, "restoration is initiated" requires that, at a minimum, a complete Building Permit application has been filed. b.

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)

Chapter 20-62 APPEALS (§ 20-62.010 – § 20-62.030)

This Chapter establishes procedures for the appeal and review of decisions and determinations of the Director, Zoning Administrator, DRPB, and Commission.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

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:

A.

Director decisions. A determination or decision by the Director may be appealed to the DRPB, Commission, or Council as applicable to the decision.

B.

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.

C.

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.

D.

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. (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Eligibility. Any action by the Director, Zoning Administrator, DRPB, or the Commission in the administration or enforcement of the provisions of this Zoning Code may be appealed by any aggrieved person in compliance with this Chapter. (See Table 5-1 (Review Authority) in Division 5 (Land Use and Development Permit Procedures).

B.

Timing and form of appeal.

1.

General appeals. Appeals shall be submitted in writing, and filed with the Department on a City application form within 10 calendar days after the date of the decision. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.

2.

Review authority. The review authority for appeals is shown in Table 6-1.

a.

Historic structures. Nonconforming structures of historical significance may be altered or enlarged with

Landmark Alteration Permit approval, in compliance with Section 20- 58.060, Landmark Alteration Permits, without conforming to current setback provisions; provided, the historic structure is:

(1)

Within an -H combining district (Section 20-28.040) or is a designated Santa Rosa landmark;

(2)

Has been certified to be an historic resource by the City, County, or State, or in the Federal Register of Historic Places; or

(3)

To be altered or enlarged as an authentic replica of the original structure.

(4)

For damage to Historic structures in relation to a declared Hazard see Chapter 20-35, Resilient City Standards.

3.

Appeal of Commission denial of amendment. An appeal of a Commission denial of an amendment shall be filed with the City Clerk within 10 days following the date of the Commission action.

4.

Place for filing.

a.

Appeals from the determinations or decisions of the Director shall be addressed to the Zoning Administrator, DRPB, or Commission, as applicable to the decision, and filed with the Department.

b.

Appeals from the determinations or decisions of the Zoning Administrator shall be addressed to the DRPB or Commission, as applicable to the decision, and filed with the Department.

c.

Appeals from the decisions of the DRPB, Zoning Administrator Streamlined Design Review, or Commission shall be addressed to the Council and filed with the City Clerk.

5.

Pertinent facts. The written appeal shall state the pertinent facts of the case and shall specify the following:

a.

The decision appealed from (e.g., City assigned case number);

b.

The basis for the appeal;

c.

The specific action which the appellant wants taken in the appeal;

d.

Each and every ground upon which the appellant relies in making the appeal.

6.

Filing fee. Appeals shall be accompanied by the required filing fee, in compliance with the Council's Fee Schedule.

C.

Joining an appeal.

1.

Appellants. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal.

2.

Procedures for joining an appeal. Any person who wishes to join an appeal shall follow the same procedures for an appellant.

3.

No joining after appeal period. No person shall be allowed to join an appeal after the end of the specified appeal period.

D.

Delay of proceedings. Timely filing of a written appeal shall automatically stay all proceedings associated with the matter subject to the appeal (e.g., issuance of a Certificates of Occupancy, Building or Grading Permit, etc.), and put in abeyance all permits or approvals which may have been granted, and neither the applicant nor any enforcing agency may rely upon the approval, decision, denial, or other action, until the appeal has been resolved.

E.

Report and scheduling of hearing.

1.

Director's report.

a.

When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for consideration by the applicable review authority identified in Section 20-62.020, above. b.

The hearing on the appeal shall be scheduled for the earliest regular meeting following the date on which the appeal was accepted as filed. The applicable review authority may continue the hearing from time to time until its determination on the appeal, in compliance with Section 20-66.040 (Hearing Procedure.) 2.

The hearing on the appeal shall be scheduled for the earliest regular meeting following the date on which the appeal was accepted as filed. The applicable review authority may continue the hearing from time to time until its determination on the appeal, in compliance with Section 20-66.040 (Hearing Procedure). Appeal to the DRPB or Commission. An appeal to the DRPB or the Commission shall be scheduled by the Director, at

its earliest regular meeting, consistent with agenda preparation procedures, meeting schedules, and notice requirements, if applicable.

3.

Appeal to the Council. An appeal to the Council shall be scheduled by the City Clerk, at its earliest regular meeting, consistent with Council agenda preparation procedures, Council meeting schedules, and notice requirements, if applicable.

4.

Public hearing.

a.

Public hearing required. If one or more of the situations identified in Subparagraph 5.b, immediately below, applies, a public hearing shall be held.

b.

Public hearing not required. The Commission or Council need not hold a public hearing in considering a matter on appeal, unless:

(1)

A public hearing was required before making the decision appealed from; or

(2)

The review authority deems a public hearing desirable.

c.

Public hearing notice. When a public hearing is required, or deemed desirable under this Subsection, notice shall be given, in compliance with Chapter 20-66 (Public Hearings), and by mailing a copy of the notice by first class mail, postage prepaid, to the applicant, the appellant, and to any other person who has filed a written request for the notice with the Director or City Clerk, as applicable to the decision. F.

Action. The review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

1.

The review authority may:

a.

Affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal; b.

Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; or

c.

Deny the land use permit or approval granted by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.

2.

If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission for further consideration.

(Ord. 3677 § 1, 2004;Ord. 2024-012, 11/19/2024; Ord. 2025-003, 2/25/2025; Ord. 2025-004, 3/18/2025)

Chapter 20-63 REQUESTS FOR REASONABLE ACCOMMODATION (§ 20-63.010 – § 20-63.070)

This Chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. 3677 § 1, 2004)

A.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section 20-63.030 (Application Requirements). (Ord. 3677 § 1, 2004)

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the Department, or in the form of a letter, to the Zoning Administrator, and shall contain the following information:

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including Conditional Use Permit, Design Review, General Plan Amendment, Zone Change, Annexation, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval.

(Ord. 3677 § 1, 2004)

A.

Zoning Administrator. A request for reasonable accommodation shall be reviewed by the Zoning Administrator if no approval is sought other than the request for reasonable accommodation.

B.

Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. 3677 § 1, 2004)

A.

Zoning Administrator review. The Zoning Administrator shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in compliance with Section 20-63.060 (Findings and Decision).

B.

Other review authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in compliance with Section 20-63.060 (Findings and Decision).

(Ord. 3677 § 1, 2004)

A.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

5.

Potential impact on surrounding uses;

6.

Physical attributes of the property and structures; and

7.

Other reasonable accommodations that may provide an equivalent level of benefit.

B.

Conditions of approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A.

(Ord. 3677 § 1, 2004)

A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed to the Commission in compliance with Chapter 20-62 (Appeals).

(Ord. 3677 § 1, 2004)

Chapter 20-64 AMENDMENTS (§ 20-64.010 – § 20-64.060)

This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare. (Ord. 3677 § 1, 2004)

A.

Applicability.

1.

General Plan. A General Plan amendment may include revisions to text or diagrams.

2.

Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.

3.

Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.

a.

A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

B.

Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with the following:

1.

Eligibility for initiation of amendment. A General Plan, Zoning Map, and/or Zoning Code text amendment may be initiated by:

a.

A resolution of the Council or Commission;

b.

The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or

c.

A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

2.

Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.1.b, 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 amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20-64.050 (Findings), below.

3.

Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C.

Public hearings required.

1.

After the initial processing of a proposed amendment in compliance with Chapter 20-50 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2.

Notice of the hearings shall be given in compliance with Chapter 20-66 (Public Hearings).

3.

Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D.

Continuance of hearing.

1.

The Commission or Council may continue a hearing on a proposed amendment from time to time, but the continuances shall not exceed a total of 100 days from the date of the initial opening of a public hearing before the applicable review authority.

2.

Following the closing of the hearing the Commission or Council may continue its discussion and action on the matter for a period of time not to exceed 60 additional days.

If determined necessary by a majority vote of the members present, the Commission or Council may continue the discussion and action for a period of time not to exceed 60 additional days.

4.

No further continuances shall be allowed, unless expressly approved by the applicant.

(Ord. 3677 § 1, 2004; Ord. 2020-001 § 9)

A.

Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of at least four Commission members; otherwise the proposal shall be deemed denied.

B.

Modification of amendments.

1.

The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, 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. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission reconsideration.

2.

The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council. C.

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)

Chapter 20-66 PUBLIC HEARINGS (§ 20-66.010 – § 20-66.080)

The Director is authorized to give notice of public hearings to be held by the Zoning Administrator, DRPB, or Commission, under the provisions of this Zoning Code.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

When a land use permit, Variance, or other matter is required by State law or this Zoning Code to have a public hearing, the public shall be provided notice of the hearing in compliance with the provisions of this Chapter.

A.

Authority to give notice.

1.

The Director is authorized to give notice of public hearings to be held by the Zoning Administrator, DRPB, or Commission, under the provisions of this Zoning Code.

2.

The City Clerk is authorized to give notice of public hearings to be held by the Council, under the provisions of this Zoning Code.

3.

A defect (failure) in the notice procedure shall not affect the jurisdiction or authority of a review authority to take action on a matter, unless otherwise provided by law applicable to and binding upon a charter city.

B.

Contents of notice. The contents of a notice of a public hearing shall be as follows, except where another provision of this Zoning Code requires that a notice provide different information.

1.

Hearing information. The notice shall provide the following information about a scheduled public hearing, except in the case of a Minor Conditional Use Permit (see Section 20-52.050.E.2), Minor Variance or Minor Adjustment (see Section 20-52.060.F).

a.

The date, time, and place (e.g., address, room, etc.) of the hearing and the name of the review authority holding the hearing;

b.

A brief description of the City's general procedure concerning the conduct of hearings and decisions;

c.

A statement that:

(1)

Any interested person is invited to appear and be heard on the request or proposal,

(2)

Anyone so requesting in writing filed with the Department shall be notified of the action taken on the application in question, and

(3)

In the case of a Minor Conditional Use Permit, 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 date for the decision;

d.

The phone number and street address of the Department, where an interested person could call or visit to obtain additional information; and

e.

Any additional information as may be required by State or Federal law applicable to and binding upon the City, including information required under the City's implementation of the Americans with Disabilities Act (ADA).

2.

Project information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered); and a general description, in text and by diagram, of the location of the property that is the subject of the hearing; and

3.

Statement on environmental document. If a draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code, the hearing notice shall include a statement that the hearing body would also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. C.

Method of notice distribution. Notice of a public hearing required by this Chapter for a land use permit, Variance, or other matter shall be given as follows:

1.

Mailed notice.

a.

Who shall receive notice. Notice shall be mailed or delivered, at least 10 days before the date of the scheduled public hearing, via first class mail with postage prepaid, to the following:

(1)

The applicant, if any, or the applicant's agent as designated and authorized in writing by the applicant as part of the project application;

(2)

The owner of the subject property, if different from the applicant or if there is no applicant; or the owner's agent as designated and authorized in writing by the owner as part of the project application;

(3)

Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

(4)

All owners and occupants of real property that is located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the hearing, as shown on the last equalized assessment roll and its master index update. The 600-foot radius shall be measured from the exterior boundaries of the subject parcels to the exterior boundaries of the neighboring parcels, without reference to structures existing on either parcels;

(5)

Any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Schedule for the notice; and

(6)

Any additional persons as may be deemed appropriate by the Director, Commission, or Council. 2.

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.

(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.

4. 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)