Santa Rosa Zoning Code Ch. 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.