§ 26-67

The purpose of this article is to advance the protection, preservation, and enhancement of oak trees and oak woodlands in Sonoma County for the benefit of present and future generations and to implement Sonoma County General Plan Policies OSRC-7l, related to oak woodlands, and OSRC-7m, related to valley oak habitat. This article achieves these purposes by prohibiting the removal of oaks within oak woodlands, with limited exceptions for certain listed land uses that the county has determined promote public, health, safety, and welfare, including uses related to hazard reduction or removal, conservation, agriculture, pest control, and residential maintenance. Where proposed valley oak or oak woodland removal is subject to a discretionary permit process, mitigation measures to address loss of trees would apply, such as measures to ensure no net loss of oak woodlands or, for the highest quality woodlands, would provide a unique public benefit equal to or greater than the value associated with removed oaks.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-020. - Applicability.

(1)

The provisions of this article shall be liberally construed to effectuate the purpose of this article. Where a provision of this article conflicts with another provision of this chapter or this code, the more restrictive provision shall prevail.

(2)

Location. This article applies to the entirety of each parcel that intersects the Valley Oak Habitat combining zone and the entirety of each parcel containing at least one-half (0.5) acre of the Oak Woodland combining district.

(3)

Prohibition. No person shall cause a woodland impact or type conversion of oak woodlands as defined herein, located wholly or partially within the unincorporated county unless expressly permitted by this chapter and where any applicable permit(s) are first secured, and requirements of this chapter are met. Compliance with this article does not alleviate the need to comply with other local, state, or federal rules or regulations which may also be applicable to tree removal.

(4)

VOH Combining District. Valley oak tree removal in the VOH combining district that does not meet the definition of woodland impact or type conversion remains subject to the provisions of this chapter that apply to the VOH combining district.

(5)

Other laws. Compliance with this chapter does not alleviate the need to comply with other local, state, or federal rules, or regulations which may also be applicable to tree removal, including but not limited to the California Professional Forester's Law (commencing at California Public Resources Code section 750). Oak tree removal that does not impact oak woodlands, or that is not otherwise subject to this chapter, may still be subject to other provisions of this code, or state or federal law.

(6)

Preemption. This article shall apply except to the extent preempted by state or federal law.

(7)

Utility Line Maintenance. Oak tree removal associated with maintenance, by a public utility company regulated by the California Public Utilities Commission, of existing public utility lines and related infrastructure that causes type conversion of oak woodland within the boundaries of an applicable utility easement, right of way, or other property interest held by the utility, is exempt from this article.

(8)

Timber Harvest. Tree removal authorized under a timber harvest plan or other harvesting permit issued by the California Department of Forestry and Fire Protection is exempt from this article.

(9)

By-right housing. By-right housing in an urban service area is exempt from this article.

(10)

Affordable Housing. Projects that are considered a "housing development project" for very low, low-, or moderate-income households, as defined in Government Code Section 65589.5 are not subject to this ordinance.

(11)

Forestry. Certain uses and activities regulated by this article may constitute "forestry" as defined in the professional forester's law (California Public Resources Code Sections 750-783). Where actions or requirements of this ordinance meet this definition, the applicable requirements in the professional forester's law shall apply in addition to this code. See subsection (5) of this section.

(12)

This section shall not be applied in a manner that would reduce allowable density lower than that permitted by applicable state laws or regulations or by other county ordinances, or that would render a property undevelopable or uninhabitable. The director may waive standards that are otherwise applicable to an application under this section upon findings that such waiver is necessary to comply with this subsection.

(13)

Determination of Woodland Boundaries. The designated Oak Woodland combining zone represents the approximate location of Oak Woodlands. Actual oak woodland boundaries, or existence thereof, shall be determined by a qualified professional or qualified county staff using on the ground observations and based on at least one and one-half (1.5) times the distance between trunk and outer extent of canopy of existing native oak trees.

Where oak woodland was present as of the 2013 VegMap data but native oak trees are no longer present due to factors such as wildfire, satellite imagery or other remote sensing data shall be used to approximate the historical dripline of trees to determine the area of historically occurring woodlands.

(14)

Determination of Oak Ecological Categories. Unless exempted by this article, all discretionary applications for conversion of oak woodland must identify and classify oak woodland habitat present on the parcel(s), including oak woodlands or portions thereof where removal is not proposed. To satisfy this requirement, an application must include a written report identifying oak woodland ecological categories as determined by a qualified professional, whose determination shall be based on the quality of the oak woodland and its ecological services, sensitivity to disturbance, rarity, and potential to be adequately compensated for by mitigation and consistent with the categories described below in subsection a. through c., and county guidelines maintained by the permit and resource management department. As an alternative and in lieu of submitting an oak woodland ecological categories report and determination by a qualified professional, an applicant may elect to have all oak woodland present on the parcel(s) treated as superior oak habitat, as described in subsection c. below. Notwithstanding this paragraph, where an oak woodland has been degraded or destroyed without prior authorization, the oak woodland shall be considered superior oak habitat, unless the applicant demonstrates by a preponderance of the evidence to the satisfaction of the department that it is more likely than not that a different category applies based on information including, but not limited to, adjacent vegetation, aerial photographs, vegetation maps, on-site inspections prior to disturbance, previous stand or plant community characterization, or other evidence.

Oak woodland ecological categories are described for purposes of this article as follows:

a.

Class III or limited quality Oak habitat category is an Oak Woodland type that is seriously degraded, marginally capable of supporting Oak woodlands, or has a reasonable potential for regaining the capability of supporting and maintaining a balanced, integrated, adaptive community having a species composition, diversity, and organization characteristic of that type of oak woodland. Limited quality oak habitat category has one (1) or more of the following characteristics:

i.

Minimal to fair wildlife functions, values, or ecological services;

ii.

Does not provide or may provide minimal habitat or critical habitat for threatened or endangered species or contain rare, threatened, or endangered species; or

iii.

May be typified by some, or all, of the following qualities: isolation, low species diversity, herbaceous cover without any native California grass or forb species; no significant habitat or wildlife use; or limited potential to achieve beneficial ecological services, e.g., water storage, carbon sequestration, or similar benefits.

b.

Class II or oak habitat category is an oak woodland type that is capable of supporting and maintaining a balanced, integrated, adaptive community having a species composition, diversity, and functional organization characteristic of that type of oak woodland. Oak habitat category has one (1) or more of the following characteristics:

i.

Moderate to good functions, values, or ecological services;

ii.

Stand(s) that include valley oak (quercus lobata), blue oak (quercus douglasii), Oregon oak (quercus garryana), or black oak (quercus kelloggii). Stands without these species may still qualify as class II if other qualifying characteristics are present.

iii.

Oak habitat that typically provides habitat for native plant or animal species but general without the presence of habitat or critical habitat for threatened or endangered species or contain rare, threatened, or endangered species; or

iv.

May be typified by some or all of the following: good connectivity, good species diversity, herbaceous cover usually with native California grass or forb species; moderate to significant habitat or wildlife use; or full potential to achieve beneficial ecological services.

c.

Class I or superior oak habitat category is an oak woodland type that is capable of supporting and maintaining a high quality balanced, integrated, and adaptive community having a species composition, diversity, and functional organization characteristic of the best examples of that type of oak woodland. Superior oak habitat have one (1) or more of the following characteristics:

i.

high to very high functions, values, or ecological services;

ii.

Species composition includes more than fifty percent (50%) valley oak (quercus lobata), blue oak (quercus douglasii), Oregon oak (quercus garryana), or black oak (quercus kelloggii). Stands without these species may still qualify as class 1 if other qualifying characteristics are present.

iii.

Provide high quality habitat for native plant or animal species and often with the presence of habitat or critical habitat for threatened or endangered species, or contain rare, threatened or endangered species; or

iv.

Typified by some, or all, of the following: high connectivity, high species diversity, herbaceous cover usually with thirty percent (30%) or more cover of native California grass or forb species; significant habitat or wildlife use; or high potential to achieve beneficial ecological services.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-030. - OAK summary of allowed and permitted uses.

Table 1 identifies the allowed uses and permit requirements for the OAK combining district. Note that all uses may be subject to additional standards as described in this section.

Key of symbols for Table 1:

E = Exempt use

ZP = Permitted use, subject to zoning permit

ZP* = Zoning permit may be required in certain circumstances

CUP = Conditional use, subject to conditional use permit

Table 1:

Allowed Uses in the OAK Combining District

Sec. 26-67-040. - OAK uses exempt from oak woodland permit requirements.

Unless otherwise provided by this article, the following uses that could remove native oak trees are exempt from oak woodland permit requirements under this chapter, provided they do not result in type conversion of an oak woodland:

(1)

Health and Safety.

i.

Fire Risk Reduction. These activities include:

1.

Native oak tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A. and California Public Resources Code Section 4291.

2.

Native oak tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.

3.

Fire risk reduction activities that may result in native oak tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

4.

Fire risk reduction activities that may result in native oak tree removal when the activity or tree removal is undertaken by the county, CAL FIRE, or other public agencies. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

5.

Protected tree removal associated with a plan, program, project, entitlement, or other activity subject to oversight by a governmental agency.

ii.

Emergency Operations. Native oak tree removal or activities that may result in tree removal undertaken by public agencies during emergency operations or in post-disaster remediation. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

iii.

Hazardous, Dead, Dying, or Diseased Trees.

1.

Removal of hazardous, dead, dying, or diseased native oak trees is exempt from this article if either of the following criteria are met:

a.

The removal of the hazardous, dead, dying, or diseased native oak tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space; or

b.

The removal of the hazardous, dead, dying, or diseased native oak tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot be remedied.

2.

Removal of a hazardous, dead, dying, or diseased native oak tree that would otherwise require a use permit for tree removal, requires a ministerial zoning permit, and is exempt from mitigation required by this article, if the following criteria are met:

a.

The hazardous, dead, dying, or diseased tree is over thirty-six inches (36") dbh;

b.

Tree removal will occur outside of the defensible space zone of a structure as defined by county code Chapter 13A and state law applicable to defensible space;

c.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

3.

The removal of a hazardous, dead, dying, or diseased native oak tree subject to a ministerial zoning permit is exempt from mitigation required by this article, if the following criteria are met:

a.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the native oak tree removal is necessary to protect life or property from the threat of harm caused by the tree.

4.

An application for a permit for removal of the hazardous, dead, dying or diseased native oak tree may be submitted within a reasonable time after hazardous tree removal, where immediate removal was necessary for public health or safety reasons.

5.

The Director may waive standards that are otherwise applicable to a permit application for removal of a hazardous, dead, dying, or diseased native oak tree, upon findings that such waiver is necessary to comply with subsection (12) of section 26-67-020.

(2)

Stewardship and Resource Management.

i.

Resource conservation, restoration, or enhancement projects. Protected tree removal for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work or has approved or funded the work. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

ii.

Removal of native oak trees that is consistent with a county approved oak woodland management plan, forest management plan, natural communities conservation plan, habitat conservation plan, streamside conservation plan, or similar conservation management plan as determined by the director.

(3)

Forest Management Activities. Removal of native oak trees that meets any of the following criteria:

i.

Timber Harvest. The tree removal occurs as part of activities that are the subject of a valid timber harvesting permit approved by the state of California, notwithstanding that type conversion may occur;

ii.

Timber Management. The tree removal occurs as part of activities that meet the definition of timber management on RRD or TP zoned parcels ;or

iii.

Forestry Activities. The tree removal occurs as part of activities defined in California Public Resources Code Sections 750 through 781 as forestry conducted on forested landscapes overseen by a registered professional forester.

(4)

Pest Control. Selective vegetation removal as part of an integrated pest management program administered by a state licensed pest control advisor.

(5)

Property Maintenance.

i.

Residential maintenance activities. Native oak tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.

ii.

Nuisance trees. Removal of a native oak tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.

iii.

Septic. Native oak tree removal to allow an existing on-site sewage disposal system that poses a threat to human health or safety to be repaired or replaced, so long as no alternative option exists that would both cure the threat to human health and safety and avoid the native oak tree removal.

(6)

Agriculture Activities Maintenance.

i.

Removal of native oak trees no more than necessary to maintain existing grazing, livestock management, or similar agricultural production, not involving cultivation or structures. Incidental native oak tree removal associated with existing grazing or livestock operations is exempt. The intentional clearing of native oak trees for the purposes of establishing new grazing or livestock areas is not exempt.

ii.

Removal of native oak trees no more than necessary to maintain an existing cultivated agricultural crop area, as follows: (1) maintenance of existing access roads; (2) maintenance of drainage or drainage infrastructure; (3) maintenance of irrigation or irrigation infrastructure; (4) activities necessary to maintain agricultural use of the existing agricultural crop cultivation area, including planting, seeding, fertilizing, weeding, tree trimming, and harvesting.

iii.

Native oak tree removal is not exempt from permit requirements if it is for the expansion of existing cultivation areas or the establishment of new cultivation areas into land not used for agricultural crop cultivation at the time this provision became effective, and no other exemption applies.

(7)

Individual Tree Removal. Oak tree removal that is not located within an oak woodland is exempt from the Oak Woodland combining district but may be subject to other provisions of this code, including but not limited to the Section 26-88-015, Tree Protection Ordinance, or Valley Oak Habitat combining district. Individual native oak tree removal within an oak woodland is subject to this ordinance, unless otherwise exempt by this section. The removal of other protected tree species may be subject to the tree protection ordinance.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-050. - OAK combining district allowed uses with a zoning permit.

(1)

The one-time woodland impact or type conversion of up to one-half (0.5) acres of oak woodland on a parcel to accommodate a use permitted by the underlying zoning district shall be permitted with a zoning permit, once per parcel, subject to the below conditions. Subsequent woodland impact or type conversion of oak woodlands shall be subject to discretionary review. This section shall not be applied in a manner that would reduce allowable density lower than that permitted by the underlying zoning. To achieve this end, adjustments may be made to accommodate the minimum disturbance necessary to achieve allowable densities.

(2)

A ministerial type conversion shall be subject to the following standards and requirements:

(a)

All woodland impact or type conversion activities shall be completed within two (2) years of approval of the zoning permit.

(b)

No sites of rare, threatened or endangered plants or animals shall be disturbed, threatened or damaged, as determined by a qualified professional.

(c)

The project shall not impact significant historical or archeological sites, as determined by a cultural resources study. If project has potential to impact historical or archaeological sites, as determined by a cultural resources study, avoidance measures shall be recommended and incorporated into project design or project shall be redesigned to avoid impacts.

(d)

No ministerial oak woodland conversion shall include the cutting or removal of any native oaks greater than thirty-six inches (36") DBH unless a registered professional forester or arborist certifies in writing that the tree poses a serious danger to persons or property.

(e)

No conversion activities shall be conducted during the wet weather period or during wet conditions.

(f)

No ministerial oak woodland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(g)

The department may develop policies and procedures related to this section including requirements to provide notice to subsequent purchasers which may include recordation of notice.

(3)

The applicant shall submit any other information that the director deems necessary to make a decision on the application. Such information may include grading permits, building permits, design drawings, forest inventories, and other material.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-060. - OAK combining district use permit requirements.

Any oak woodland impact or type conversion that is not exempt from the requirement to obtain an oak woodland permit for an allowed use specified in this ordinance, or that would not qualify for a ministerial permit under Section 26-67-050, requires a discretionary permit under this section, subject to the following requirements:

(1)

A use permit and associated permit fee shall be required.

(2)

Application Materials. The application shall include the items specified in the application and application checklist on file with the permit and resource management department.

(3)

Notice. Notice shall be provided to all properties within three hundred feet (300′) of the subject property, including those parties which have requested notification of all oak woodland permits.

(4)

Oak Ecological Categories. The application shall include a determination of the ecological category of the oak woodland, as defined in this ordinance.

(5)

Alternatives Analysis. A sequenced alternatives analysis review shall be provided by the applicant. The review shall consist of an examination, in the following order, of avoidance, minimization, and mitigation.

(6)

Mitigation: The application shall include an oak woodland conservation plan, including mitigations at ratios consistent with the determined oak woodland ecological category and as necessary to offset the impacts identified through review of the application. The following conditions or mitigation measures may be imposed through the discretionary permit process:

(a)

Conservation Easement: An executed and recorded conservation easement for double the mitigation rations specified for replanting. Areas under easement must be located in Sonoma County, must contain woodland of equal or greater oak woodland ecological category, and must contain similar species composition.

(b)

Replanting: Replanting of woodland on-site or within Sonoma County consistent with replacement ratios specified below. Replanting shall include replanting of associated vegetative strata of the converted area including canopy, subcanopy, shrub, herb and bryophyte. Replanting shall have a planning horizon for the establishment of the woodland within twenty-five (25) years, or other timeline if recommended by a qualified professional and approved by the applicable decision-maker. An annual report shall be prepared and submitted by the applicant to the department. Any mortality that occurs during the reporting period shall be replaced.

(c)

Alternative equivalent mitigation may be considered if it will achieve equal or greater benefit than other mitigation measures.

(d)

Payment of replacement in-lieu fees may be permitted by the county if replacement or mitigation is infeasible as determined by the county for physical, ecological, legal, or economic reasons. Replacement fees, if applicable, shall be valued using the most recent version of Council of Tree and Landscape Appraisers' Guide for

Plant Appraisal. In-lieu fees may be used to acquire and protect stands of native oak trees in-fee title or through conservation easements; or place and maintain native oak trees and associated woodland vegetation on lands within the county of Sonoma.

(e)

Any other condition or measure that the director deems necessary to meet the objectives of this chapter.

(7)

An applicant shall submit all information the director deems necessary to make a decision on the application or any required associated environmental review. Such information may include biological studies, cultural resource studies, forest inventories, and other material.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-070. - OAK combining district findings for approval.

Findings for Approval. Discretionary permits for oak woodland conversion shall not be approved unless the following findings are made:

(i)

There is no feasible less environmentally damaging alternative;

(ii)

Any proposed oak woodland to be removed will not result in the creation of two (2) or more separate oak woodlands as defined by this chapter; and

(iii)

If class I oak woodlands are proposed for conversion, the conversion provides a clear public need that outweighs the loss of the oak woodland.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-080. - VOH combing district permitted uses.

All uses permitted within the respective district with which the VOH district is combined shall be permitted in the VOH district, subject to the provisions of this article.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-090. - VOH combining district mitigation required—exceptions.

(a)

Except as provided in subsection (b), when any person cuts down or removes any valley oak over six inches (6") DBH on any property within the VOH district, a zoning permit shall be required and such person shall mitigate the resulting valley oak loss by one (1) of the following measures: (1) planting replacement valley oaks on the subject property or on another site in the county having the geographic, soil, and other conditions necessary to sustain a viable population of valley oaks at mitigation ratios specified in the tree protection ordinance (Section 26-88-015) multiplied by a factor of one and one-half (1.5), (2) paying an in-lieu payment amount determined using Arboreal Value Chart No. 1 in the tree protection ordinance. In-lieu payments shall be used exclusively for valley oak planting programs in the county. Such person shall have the sole discretion to determine which mitigation measure to use to mitigate the valley oak loss. The selected mitigation measure shall be undertaken and completed within one (1) year after the valley oak or valley oaks are cut down or removed in accordance with guidelines established by resolution or ordinance of the board of supervisors. The removal of valley oak trees with a single stem over thirty-six inches (36") DBH shall require a use permit, per the tree protection ordinance (Section 26-88-015).

(b)

This section shall not apply to the cutting down or removal of any valley oak within the VOH district that is (1) determined necessary by emergency personnel engaged in emergency procedures, (2) dead or irretrievably damaged or destroyed by causes beyond the property owner's control, including, without limitation, fire, flood, wind, lightning, or earth movement, or (3) part of a development project subject to the provisions of Section 26-67-100.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-100. - VOH combining district design review approval.

Where any development project within the VOH district is subject to design review pursuant to another provision of this chapter, the design review approval shall include measures to protect and enhance valley oaks on the project site in accordance with guidelines adopted by resolution or ordinance of the board of supervisors. Such measures shall include, but not be limited to, a requirement that valley oaks shall comprise a minimum of fifty percent (50%) of the required landscape trees for the development project.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-110. - Penalty for violation of article.

Any person who knowingly fails to comply with the mitigation or design review requirements of this article shall be required to mitigate any valley oak or oak woodland loss at five (5) times the rate otherwise required by this article. If calculating the penalty under this section, the in-lieu fee shall be used. This provision does not preclude pursuit of any other remedy, including those in Chapter 1.

Article 68. - HD Historic Combining District.

Sec. 26-68-005. - Purpose.

Purpose: to protect those structures, sites and areas that are remainders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the county and its communities.

(Ord. No. 4643, 1993.)

Sec. 26-68-010. - Designation of historic structures and historic districts.

Pursuant to the normal zoning procedures:

(a)

An individual structure or an integrated group of structures on a single lot or lots having a special historical, architectural or aesthetic interest or value as a historic structure may be designated; and

(b)

An area having special historical, architectural or aesthetic interest or value as a historic district may be designated. Before creating a historic district the advice of local citizens and committees may be sought.

(Ord. No. 4643, 1993.)

Sec. 26-68-020. - Alterations of designated historic structures and new construction within a historic district.

No zoning permit authorizing alterations (including demolition) in the exterior of a structure within the boundaries of a historic district and no zoning permits authorizing construction of a new building within the boundaries of a historic district shall be granted unless approval has been granted by the county landmarks commission. Minor alterations may be reviewed and approved by staff in conformance with adopted design guidelines and standards. In all cases where the request for a zoning permit involves demolition alone, however, the county landmarks commission shall take action on such request within six (6) months of the date of application for the permit. It is not intended by this chapter to grant the county landmarks commission jurisdiction over zoning or use permit matters other than in the area of design review.

(Ord. No. 4643, 1993; Ord. No. 6020, § I, 3-12-2013.)

Sec. 26-68-025. - Conformance with historic district design guidelines.

Alterations to existing structures and construction of new structures within historic districts shall be consistent with the historic district design guidelines adopted by the board of supervisors including:

1.

Bodega Historic District Design Guidelines.

2.

Freestone Historic District Design Guidelines.

3.

Occidental Historic District Design Guidelines.

(Ord. No. 6020, § I, 3-12-2013.)

Sec. 26-68-030. - Standards governing decisions of county landmarks commission.

In determining whether to approve or to disapprove an application for a zoning permit required by Section 26-68-020, the county landmarks commission shall apply the standards:

(a)

Described in the purpose of this article, set out in the ordinance codified in this chapter; and

(b)

Such additional standards as may be specifically delineated upon the particular sectional district map establishing the historic zoning district for a particular area.

(Ord. No. 4643, 1993.)

Sec. 26-68-040. - Appeal to planning commission and/or board of supervisors.

(a)

Any interested person(s) may appeal the decision of the county landmarks commission under this article to the Sonoma County planning commission in the manner required by Section 26-92-040.

(b)

Any interested person(s) may appeal the decision of the planning commission under this article to the Sonoma County board of supervisors in the manner required by Section 26-92-160.

(Ord. No. 4643, 1993.)

Article 70. - G Geologic Hazard Area Combining District.

Sec. 26-70-005. - Purpose.

Purpose: to reduce unnecessary exposure of people and property to risks of damage or injury from earthquakes, landslides and other geologic hazards in the Alquist-Priolo Special Studies Zone and to implement the provisions of Section 2.3 of the general plan public safety element.

(Ord. No. 4643, 1993.)

Sec. 26-70-010. - Location and boundaries.

The G district may be applied to properties which are located within the Alquist-Priolo Special Studies zone.

(Ord. No. 4643, 1993.)

Sec. 26-70-020. - Permitted uses.

All uses permitted within the respective district with which the G district is combined shall be permitted, except that no structure intended for human occupancy or otherwise defined as a project in the Alquist-Priolo Special Studies Zone Act, shall be permitted to be placed across the trace of an active fault or within fifty feet (50′) of the surface trace of any fault.

(Ord. No. 4643, 1993.)

Sec. 26-70-030. - Geologic reports required.

Geologic reports shall be required for development of properties within the G district and shall describe the hazards and shall include mitigation measures to reduce risks to acceptable levels.

(Ord. No. 4643, 1993.)

Article 72. - MR Mineral Resource Combining District.

Sec. 26-72-005. - Purpose.

Purpose: to conserve and protect land that is necessary for future mineral resource production. The MR district is intended to be applied only where consistent with the aggregate resources management plan and combined with base zoning within the general plan's land intensive agriculture, land extensive agriculture, diverse agriculture and resources and rural development land use categories. This zone allows mining with the issuance of a surface mining use permit and the approval of a reclamation plan, but restricts residential and other incompatible uses. Its uses supersede those allowed in the applicable base district.

(Ord. No. 4643, 1993: Ord. No. 2862)

Sec. 26-72-010. - Permitted uses.

(a)

Geotechnical studies involving no grading or construction of new roads or pads;

(b)

Timber management including planting, raising and harvesting of trees and logs for lumber or fuel woods subject to requirements of California Department of Forestry and Fire Protection;

(c)

Raising, grazing, maintaining and breeding of horses, cattle, sheep, goats and similar animals;

(d)

The outdoor growing and harvesting of plants, flowers, fruits, vegetables, shrubs, vines, trees, hay, grain and other similar food and fiber crops. Except as noted below, agricultural cultivation shall not be permitted in the following areas:

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors.

Agricultural cultivation may be allowed as set out in subsections (d)(1) through (3) of this section upon approval of a management plan which includes appropriate mitigation for potential erosion, bank stabilization and biotic impacts. This plan may be approved by the planning director or by use permit pursuant to Section 2672-020(k);

(e)

The indoor growing and harvesting of shrubs, vines, trees, hay, grain and similar food and fiber crops provided that the greenhouse or similar structure for indoor growing is less than eight hundred (800) square feet;

(f)

Incidental cleaning, grading, packing, polishing, sizing or similar preparation of crops which are grown on the site but not including agricultural processing;

(g)

Temporary or seasonal sales and promotion, and incidental storage of crops or fuel woods which are grown on the site;

(h)

Temporary or seasonal sales and promotion of livestock which have been raised on the site;

(i)

Beekeeping.

(j)

Attached commercial telecommunication facilities subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130;

(k)

Minor freestanding commercial telecommunication facilities that are consistent with any applicable mining and reclamation plan, and subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130, and subject to approval of a zoning permit, including environmental review, for which written notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section.

(l)

Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26-88-130. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section.

(Ord. No. 4973 § 13(a), 1996; Ord. No. 4643, 1993.)

Sec. 26-72-020. - Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

Mineral extraction and production as described below. In addition to meeting the requirements of this chapter, every use permit issued hereunder shall meet the requirements for a surface mining permit under the surface mining and reclamation ordinance, Chapter 26A of the Sonoma County Code and as such, when approved, shall constitute the surface mining permit required by Chapter 26A-3.

(1)

Hardrock quarry operations; defined as processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

(i)

Asphalt batch plants incidental to hardrock quarries,

(ii)

Cement concrete batch plants incidental to hardrock quarries,

(iii)

Equipment storage yards incidental to resource management, including packing, repairing and storage of equipment so used,

(iv)

Accessory structures, offices or other uses incidental to hardrock quarry operations,

(2)

River terrace operations, defined as sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

(i)

Sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand, gravel, overburden, and topsoil,

(ii)

Equipment storage yards incidental to resource management, including parking, repairing and storage of equipment so used,

(iii)

Accessory structures, offices or other uses incidental to river terrace operations,

(3)

Instream operations; defined as sand and gravel operations which entail the extraction and sale of sand, gravel, and overburden from streams and rivers. Processing shall be limited to the removal and placement of oversized (+3″) particles;

(b)

The raising, feeding, maintaining and breeding of poultry, fowl, rabbits, fur-bearing animals or animals such as veal calves, pigs, hogs and the like, which are continuously confined in and around barns, corrals and similar areas for other than domestic purposes. Incidental processing of such animals which are raised on site. This subsection shall not be interpreted so as to require a use permit for animals allowed by Section 26-72-010(c);

(c)

Geotechnical studies which involve grading or construction of new roads or pads;

(d)

Commercial harvesting and sales of off-site fuel woods not subject to the requirement of the California Department of Forestry and Fire Protection;

(e)

Controlled burns undertaken for purposes of fuel load management and wildlife habitat enhancement;

(f)

Oil and gas wells;

(g)

Unpaved private landing strips;

(h)

Accessory structures, or uses incidental and appurtenant to any use for which a use permit has been granted or is required;

(i)

Water conservation dams and ponds;

(j)

Minor public utility buildings and public service or utility uses (transmission and distribution lines and telecommunication facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which are otherwise exempt by state law;

(k)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26-72-010(d).

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors;

(l)

Game preserves and refuges;

(m)

Intermediate and major freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria for such facilities in the C2 district set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(n)

Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(Ord. No. 4973 § 13(b), (c), 1996; Ord. No. 4643, 1993.)

Sec. 26-72-030. - Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article and the applicable regulations of this chapter. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a)

Density. Residential density shall be as shown in the general plan land use element, or that density permitted by a B combining district, whichever is more restrictive. There shall be no minimum lot size for inclusion into the MR district.

(b)

Minimum Yard Requirements for Uses Other than Mineral Extraction and Production:

(1)

Front Yard Required. Ten percent (10%) of the depth of the lot, but not more than one hundred feet (100′) nor less than thirty feet (30′).

(2)

Side Yard Required. Ten percent (10%) of the width of the lot, but not more than fifty feet (50′).

(3)

Rear Yard Required. Fifty feet (50′).

(c)

Maximum Building Height.

(1)

Fifty feet (50′), provided that additional height may be permitted where special structures are required if a use permit or use permit waiver is first secured in each case.

(2)

Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.

(d)

Parking Requirements.

(1)

On-site parking shall be screened where practical from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.

(2)

On-site parking shall not block emergency vehicle accessways and turnarounds.

(Ord. No. 4973 § 13(d),1996; Ord. No. 4643, 1993; Ord. No. 2862.)

Article 75. - WH Workforce Housing Combining District.

Sec. 26-75-005. - Purpose.

The purpose of the Workforce Housing (WH) Combining District is to implement policies and programs of the Sonoma County Housing Element by increasing the supply of housing for the local workforce in close proximity to job centers or major transit services.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-010. - Applicability.

The WH combining district may be applied to properties within designated urban service areas with the following base zones:

(a) LC (Limited Commercial) District; (b) C2 (Retail Business and Service) District; (c)

MP (Industrial Park) District;

(d)

M3 (Rural Industrial) District; (e)

M1 (Limited Industrial); and

(f)

PF (Public Facilities) District (Ord. No. 6247, § II(Exh. F), 10-23-2018) Sec. 26-75-020. - Designation criteria. Parcels proposed for rezoning to add the Workforce Housing Combining District must meet all of the following criteria:

(a)

Parcel must be located within an Urban Service Area.

(b)

There is adequate sewer and water capacity to serve the projected residential development.

(c)

The proposed parcel would accommodate housing for on-site commercial or industrial uses; or the parcel is located within three thousand feet (3,000′) from any one (1) of the following:

(1)

A passenger rail or transit station with headways of sixty (60) minutes or less during peak hours;

(2)

An employment node that encompasses an aggregate of:

i.

Three (3) acres of commercial-zoned land;

ii.

Ten (10) acres of industrial-zoned land; or iii.

Any combination of (i) and (ii) that provides an equivalent ratio;

(d)

The proposed rezoning is consistent with the overall goals, objectives, policies and programs of the general plan and any applicable area or specific plans as amended from time to time;

(e)

The proposed rezoning is consistent with the allowable residential densities and other limitations of the Comprehensive Airport Land Use Plan (CALUP) as amended from time to time.

(f)

Parcel is not adjacent to incompatible land uses that emit noxious levels of noise, odor, and other pollutants, nor adjacent to lands zoned for such uses.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-030. - Permitted uses.

The following uses are permitted in addition to those allowed by the underlying base zone, in compliance with all applicable provisions of Article 89 (Affordable Housing Program) and subject to design review:

(a)

Multi-family housing projects providing at least ten percent (10%) of the total units affordable to very low- and extremely low-income households;

(b)

Multi-family housing projects providing at least fifteen percent (15%) of the total units affordable to low- and very low-income households;

(c)

Planned developments and condominiums providing at least twenty percent (20%) of the total units affordable to low- and moderate-income households;

(d)

Housing opportunity rental (Type A) projects providing at least forty percent (40%) of the total units affordable to very low- and low-income households;

(e)

Housing opportunity ownership (Type C) projects providing at least twenty percent (20%) of the total units affordable, with one-half of the total number of required affordable units shall be provided as affordable to low-income households; the remaining affordable units may be provided as affordable to households with moderate or low incomes;

(f)

Mixed-use projects in compliance with Section 26-88-123 (Mixed Use Developments) providing at least twenty percent (20%) of the total residential floor area affordable to lower-income households.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-040. - Uses permitted with a use permit.

(a)

Multifamily, mixed-use, or ownership housing projects providing less than the minimum affordable units required of Section 26-75-030;

(b)

Multifamily, mixed-use, or ownership housing projects that do not meet all of the development criteria or design standards.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-050. - Residential densities, building intensity and development criteria.

Workforce housing projects shall conform to the residential densities and development standards listed in Section 26-18-030 (R3 High Density Residential), except as set forth below:

(1)

Workforce housing projects shall have a minimum residential density of sixteen (16) units per acre and a maximum residential density of twenty four (24) units per acre based on the calculation of density unit equivalents for High Density Residential provided in Section 26-18-030. Additional density may be granted in compliance with Article 89 (Affordable Housing Program).

(2)

Vacation rentals or other transient occupancies are prohibited in workforce housing.

(3)

As a condition of approval, workforce housing projects must notify prospective tenants of the potential for noise disturbance or future noise disturbance.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6247, § II(Exh. F), 10-23-2018)

Article 76. - Z Accessory Dwelling Unit Exclusion Combining District.[[31]]

Footnotes:

--- ( 31 ) ---

Editor's note— Ord. No. 6191, § VI(Exh. E), adopted Jan. 24, 2017, amended the title of Article 76 to read as herein set out. The former Art. 76 was titled, "Z Second Unit Exclusion Combining District."

Sec. 26-76-005. - Purpose.

Purpose: the purpose of this district is to provide for the exclusion of accessory dwelling units in the following areas:

(a)

Areas where there is an inadequate supply of water for drinking or firefighting purposes;

(b)

Areas where there are inadequate sewer services or danger of groundwater contamination;

(c)

Areas where the addition of accessory dwelling units would contribute to existing traffic hazards or increase the burden on heavily impacted streets, roads or highways; and

(d)

Areas where, because of topography, access or vegetation, there is a significant fire hazard.

(Ord. No. 6191, § VI(Exh. E), 1-24-2017; Ord. No. 4643, 1993.)

Sec. 26-76-010. - Permitted uses.

All uses permitted in the respective district with which the Z district is combined shall be permitted in the Z district, except for the establishment, placement or construction of an accessory dwelling unit otherwise authorized by Section 26-92-040.

(Ord. No. 6191, § VI(Exh. E), 1-24-2017; Ord. No. 4643, 1993.)

Article 77. - VR Visitor Residential Combining Zone.[[32]]

Footnotes:

--- ( 32 ) ---

Editor's note— Ord. No. 6145, § VI(Exh. B), adopted March 15, 2016, amended the title of Article 77 and certain provisions contained therein to reflect provisions related to the VR Visitor Residential Combining Zone. Formerly, Article 77 pertained to X Mixed Occupancy Zone.

Sec. 26-77-005. - Purpose.

The purpose of the VR combining district is to provide flexibility in types and terms of occupancy for residential units on lands zoned for recreation and visitorserving uses. The VR combining district may be applied where surrounding uses or zoning are compatible with uses allowed in the VR combining district.

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-010. - Applicability.

The VR combining district may be applied to the following base zones:

Recreation and visitor-serving commercial (K).

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-015. - Designation prohibited.

The VR combining district may not be applied to any property containing a residential unit protected under a long-term affordability agreement, nor when a rezone to a different base zone would better reflect the proposed land use or the project objectives.

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)