Santa Rosa Zoning Code Ch. 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.

(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