§ 26-89

Each housing unit that is constructed to provide affordable housing in compliance with this Article shall comply with all of the following standards.

A.

Design and construction.

1.

Timing of construction. Affordable units shall be constructed concurrently with the other units in the project. Where construction phasing is necessary, each phase shall provide the same ratio of lower-or moderate income units to the market rate or other unrestricted units in the phase as that required for the development as a whole.

2.

Location within overall development. Affordable units shall be integrated into the overall project design and distributed throughout the development.

3.

Unit size.

a.

The average floor area of the affordable units shall be at least 75 percent of the average floor area of the other units in the development.

b.

The mix of unit sizes and numbers of bedrooms in the affordable units shall be similar to the mix of unit sizes and bedroom counts provided in the development as a whole; except that the affordable units may have less floor area than the market rate units to assist in achieving affordability, provided the units comply with the average floor area requirement in Subsection 26-89-070.A.3.a, above.

4.

Amenities.

a.

Interior amenities. To assist in achieving affordability, affordable units may have fewer interior amenities than the market rate units in the development.

b.

Exterior appearance. Exterior appearance and quality of the affordable units shall generally be similar to the market-rate units, with exterior materials and appointments similar to, and architecturally compatible with, the market-rate units in the development.

c.

Upgrades. A developer shall not offer upgrades of materials to renters or buyers of affordable dwelling units where the upgrades would increase the total price paid by the buyer to the developer, or total rent paid by the tenant, for the affordable dwelling unit to above the specified affordable rent or sales price.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-080 - Ownership Unit Occupancy and Long-Term Restrictions

Each affordable ownership unit constructed in compliance with this Article shall comply with all of the requirements of this Section.

A.

Ownership unit occupancy requirements.

1.

Eligibility requirements. An affordable housing unit shall be sold, and to the extent required by Subsection 26-89-080.C (Affordable Housing Agreement required), resold, only to a household certified by the CDC as extremely-low, very low-, low-, or moderate-income, and where applicable as a senior, disabled or large family household, as designated by the terms of project approval, and which also complies with all of the following requirements.

a.

The purchaser shall be an eligible household as defined by the CDC and specified in the Sonoma County Affordable Housing Program Homeownership Policies, maintained by CDC.

b.

The purchaser shall reside in the unit as their principal residence and may not rent the unit in its entirety to another party.

2.

Buyer certification and selection. Affordable housing units shall be sold, and to the extent required by Subsection D. below resold, only to households certified by the CDC as satisfying eligibility requirements specified in Subsection 26-89-080.A.1, above, and in compliance with all of the following procedures:

a.

Initial buyers eligible to purchase affordable housing units shall be selected by the developer in compliance with a marketing program approved, in advance, by the Executive Director of the CDC. Subsequent buyers shall be selected by the CDC in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

b.

The marketing program shall identify and detail an equitable selection process to be used for the marketing and sale of the affordable units.

c.

Selection criteria may include household income and assets, household size, and, in cases where units are dedicated for low-income senior, disabled, or large family households, the size or special needs features of the available unit(s).

3.

Preferences. Preference in the sale of affordable housing units shall be given first to persons currently employed in the County, and then to current County residents, to the extent allowed by law.

B.

Ownership units - sales price restrictions. Affordable ownership units as designated in the terms of project approval shall be offered at sales prices that are considered affordable to very low-, low-, or moderate-income households, as applicable, as defined in Article 04 (Glossary). CDC shall calculate sales prices for each of these income categories in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

C.

Affordable Housing Agreement required.

1.

The CDC shall record an Affordable Housing Agreement with the eligible buyer concurrently with the recording of each grant deed transferring title to an affordable unit subject to this Section to an eligible household. The Affordable Housing Agreement shall provide the CDC, for the term specified in Subsection 26-89-080.C.5 below, with a first right to purchase the unit upon resale in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

The Affordable Housing Agreement shall permit CDC to assign its rights to purchase the unit under the Agreement to an eligible buyer to purchase the unit.

3.

In all cases where the CDC exercises or assigns its rights to purchase the unit, the unit shall be conveyed to or purchased by an income-eligible buyer in compliance with the designation of the unit in project approvals and as determined by the CDC in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

4.

The Affordable Housing Agreement shall contain provisions further restricting the resale of an affordable ownership unit to the extent required by the Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC.

5.

The Affordable Housing Agreement for each affordable ownership unit shall reserve the unit for purchase by the CDC or its assignee and for resale only to eligible households, as defined by this Section and the project approvals, for a minimum term of thirty (30) years, or for a longer time if required by the project approvals, construction or mortgage financing assistance program, or mortgage insurance program. A new term shall commence on the recording date of each new Affordable Housing Agreement recorded concurrently with a grant deed transferring title of the designated unit to an eligible household.

D.

Alternative financing programs and affordability guarantees.

1.

Where the Executive Director of the CDC determines, after consultation with County Counsel, that one (1) or more federal, State, and/or local financing programs applicable to a project will achieve results that are equivalent to, or more restrictive than the affordability and/or financing requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies, and that the financing programs otherwise comply with applicable federal, State and local laws, the Executive Director may authorize the relevant provisions of those programs to replace or supersede the affordability and/or financing requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies.

2.

When authorized by the Executive Director of the CDC in compliance with Subsection 26-89-080.D.1, the Affordable Housing Agreement required by Section 2689-100 for a project shall incorporate the affordability and/or financing provisions of the relevant federal, State, and/or local programs, that will replace the corresponding or similar requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies. The CDC shall record an Affordable Housing Agreement in compliance with Subsection 26-89-080.C, above, for each unit sold under this Subsection 26-89-080.D.

E.

Administrative fees. The CDC may collect an administrative fee, as the Board may establish from time to time, at close of escrow of the sale and resale of each affordable ownership unit, to recover the costs of its obligation under this Section.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-090 - Rental Unit Occupancy and Long-Term Restrictions

Each affordable rental unit constructed in compliance with this Article shall comply with all of the requirements of this Section.

A.

Rental unit - occupancy requirements.

1.

Eligibility requirements.

a.

No household shall be allowed to occupy an affordable rental unit constructed in compliance with this Article unless the annual household income, adjusted for household size, is equal to or less than:

(1)

30 percent of median income for the County, for units restricted to extremely low-income households;

(2)

50 percent of median income for the County, for units restricted to very low-income households; and

(3)

80 percent of median income for the County, for units restricted to low-income households.

Tenant certification and selection. Affordable rental units shall be rented only to households meeting the eligibility requirements of Subsection 26-89-090.A.1 above, and in compliance with all of the following procedures.

a.

Renters eligible to rent the affordable units shall be selected by the developer or owner in compliance with a tenant selection and marketing program approved, in advance, by the Executive Director of the CDC.

b.

At least once annually and no more often than semi-annually, owners of affordable rental units shall provide to the CDC compliance reports on forms provided or approved by CDC, certifying that all tenants occupying the designated rental units are eligible under the terms of this Section and the Affordable Housing Agreement applicable to the development.

3.

Preferences. Preference in the rental of affordable housing units shall be given first to persons currently employed in the County, and then to current County residents, to the extent allowed by law.

B.

Affordable rental unit restrictions. Each affordable rental unit shall be offered at a rent level that is considered affordable to extremely low-, very low- or low-income households, as established annually by the Executive Director of the CDC based upon income limits that the U.S. Department of Housing and Urban Development (HUD) issues annually for the County. A utility allowance will be deducted from the maximum affordable rent so that monthly housing costs (rent plus tenant-paid utilities) are equal to or less than:

1.

For units restricted to low-income households, 30 percent of 60 percent of median area income, as established annually by HUD, adjusted for assumed household size;

2.

For units restricted to very low-income households, 30 percent of 50 percent of median area income, as established annually by HUD, adjusted for assumed household size; and

3.

For units restricted to extremely low-income households, 30 percent of 30 percent of median area income, as established annually by HUD, adjusted for assumed household size.

C.

Term of rental restrictions—Minimum term for continued affordability. Each required affordable rental unit shall be reserved for eligible extremely low-, very low- or low-income households, and as applicable to senior, disabled, and large family households, at the applicable affordable rent for a minimum of 55 years or for a longer time if required by the project approvals, construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, or as otherwise allowed by law. The affordability term shall commence on the date of issuance of the Certificate of Occupancy for the affordable unit.

D.

Rental unit monitoring. The CDC shall monitor the rental of affordable units for compliance with the Affordable Housing Agreement and the provisions of this Article. On an annual basis, the owner shall pay to the CDC a fee for monitoring each unit subject to the Affordable Housing Agreement, which fee shall be established by resolution of the Board of Directors of CDC from time to time.

(Ord. No. 6458, § XXI, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-100 - Affordable Housing Agreements

The obligations assumed by an applicant or property owner in exchange for subsidies or incentives for the construction of affordable housing in compliance with this Article shall be secured by a recorded Affordable Housing Agreement executed by the property owner and by the CDC on behalf of the County, and recorded before the recordation of a final map or issuance of a Building Permit, whichever occurs first.

A.

Review and approval. Subject to review and approval by County Counsel as to form, the Executive Director of the CDC is authorized to sign and record Affordable Housing Agreements required by this Section and to sign and record documents subordinating Affordable Housing Agreements to acquisition, construction, bridge, and long-term permanent financing associated with the development of the project in which the affordable units will be located.

B.

Agreement contents. An Affordable Housing Agreement shall contain provisions that implement all requirements of Chapter 26, as applicable to the specific project. The agreement shall also include the following provisions, and/or any additional requirements required by the review authority.

Occupancy standards. The agreement shall include provisions that specify:

a.

Income eligibility criteria for defining housing unit affordability;

b.

The actual affordable sales prices or rents for affordable units, as determined by the CDC in accordance with this Article. The agreement shall also provide that the CDC may from time to time revise the sales prices and rent limits in response to changes in income limits, monthly housing costs, and the real estate market. Monthly housing costs for affordable ownership units shall include mortgage payments, property taxes, homeowners insurance and, as applicable, homeowner's association dues and private mortgage insurance. Monthly housing costs for affordable rental units shall include the rent plus any tenant-paid utilities;

c.

Criteria for the certification and selection of buyers or renters, as applicable. Selection criteria may include the amount of household income and assets, household size, and the size or other special needs features of units reserved for senior, disabled or large family households; and

d.

A fair and equitable marketing and buyer or tenant selection process submitted by the applicant and approved in advance by the Executive Director of the CDC, to ensure the selection of eligible buyers or tenants.

2.

Sale, resale and rental restrictions. The agreement shall include provisions that specify:

a.

A guarantee of sale or rent and continuing availability of all units designated as moderate income units to eligible moderate income households, and a guarantee of sale or rent and continued affordability of all units designated as affordable to low-, very low-, and extremely low-income households to eligible low-, very lowor extremely low-income households for a minimum of 30 years or as otherwise provided by this Article, or for another term as may be authorized by the project approvals and allowed by law;

b.

A provision restricting the sale of all affordable ownership units to eligible buyers as defined by the CDC in accordance with this Article and specified in the Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC; and

c.

A provision that the sale of a dwelling designated as affordable to a moderate, low- or very low-income household shall include an assignable Affordable Housing agreement granting the CDC the first right of refusal to purchase the unit at the time of subsequent sale as specified in the Sonoma County Affordable Housing Program Homeownership Policies.

3.

Fees. The agreement shall include a provision that the CDC and the Department receive all applicable fees as may be established by resolution of the CDC or Board from time to time, including but not limited to monitoring fees for rental units and administrative fees at sale and resale of ownership units subject to this Article.

4.

Enforcement and recovery of costs. The agreement shall include a provision that provides for enforcement of the agreement by the County and/or the CDC and that entitles the County and the CDC to recover reasonable attorney's fees (including County Counsel fees), investigation and litigation expenses, and any related staff costs associated with enforcing the Agreement.

(Ord. No. 6129, § IIIB(Att. C), 8-18-2015; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Article 90. - Local Area Development Guidelines.[[37]]

Footnotes:

--- ( 37 ) ---

Editor's note— Ord. No. 6057, § III(a), Exh. A, adopted Feb. 4, 2014, repealed the former Art. 90, §§ 26-90-005—26-90-050, and enacted a new article as set out herein. The former Art. 90 pertained to similar subject matter and derived from Ord. No. 4643, adopted in 1993; Ord. No. 5120, adopted in 1998; Ord. No. 5132, § 4, adopted in 1999; Ord. No. 5676, § 1, adopted in 2006; Ord. No. 5920, § I, adopted Dec. 14, 2010; Ord. No. 5921, § I, adopted Dec. 14, 2010; and Ord. No. 5935, § I, adopted May 10, 2011.

Sec. 26-90-010. - Purpose.

Purpose. The purpose of these guidelines and standards are to implement General Plan Land Use Element policies and programs to protect and enhance the unique character of specific unincorporated communities and areas, as designated by the Board, while allowing for land uses and development authorized in the General Plan Land Use Element. This division provides a greater level of detail for the desired character of development in a local area.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-020. - Applicability.

(a)

Applicable Areas. The provisions of this division apply within the boundaries of the following local areas of the LG (Local Guidelines) combining zone in the Zoning Database:

(1)

Canon Manor West (LG/CMW).

(2)

Glen Ellen (LG/GE1), (LG/GE2).

(3)

Highway 116 Scenic Corridor (LG/116).

(4)

Penngrove Main Street (LG/PNG).

(5)

Russian River Corridor (LG/RRC).

(6)

Sebastopol Road Urban Vision Plan (LG/SVP).

(7)

The Springs, Highway 12 (LG/SPR).

(8)

Taylor/Sonoma/Mayacamas Mountains (LG/MTN).

(9)

Lance Drive (LG/LAN).

(b)

Applicable Projects. Within the LG zone, provisions of this division apply to the following types of projects:

(1)

Discretionary Projects. This division applies to each proposed development and new land use that is subject to a discretionary land use permit under this Development Code; and

(2)

Ministerial Projects. This division applies to each building permit or other ministerial permit, unless an exemption is contained in the section herein specific to that local area.

The table below summarizes the permit requirements of each area:

(c)

In the event of conflict. In the event of any conflict between the provisions of this Division and other requirements of this Development Code, the provisions of this Division shall control.

(Ord. No. 6458, § XXII, 12-5-2023; Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-030. - Adoption/amendment of Local Area Guidelines and Standards.

New Local Area Guidelines and Standards and amendments shall be reviewed and approved in compliance with Chapter 26, Article 96 (Zoning Code Amendments). Concurrent with the establishment of any new Local Area Guidelines and Standards area, all subject properties shall be rezoned to the LG (Local Guidelines) combining zone with an appropriate title and suffix referencing specific area. Local Area Guidelines and Standards shall be listed in Chapter 26, Article 63 (Local Guidelines Combining Zone).

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-040. - Permit requirements for all Local Area Guidelines and Standards.

(a)

Design and Site Plan Review Required. Unless specifically exempt within this Division, each discretionary land use permit and ministerial permit that results in exterior modifications or new development within a LG (Local Guidelines) combining zone shall be reviewed and approved in compliance with Chapter 26, Article 82 (Design Review), and a Design and Site Plan Review or Administrative Design and Site Plan Review Permit shall be required prior to construction permit issuance to implement the provisions of the applicable Local Area Guidelines and Standards. This design and site plan review requirement is in addition to any other required permits (Building Permit, Zoning Permit, Conditional Use Permit, Subdivision, etc.).

(b)

Review Authority. The review authority shall be the highest review authority designated by Section 26-92-060 (Concurrent Processing of Related Applications). Where only a Building, Grading, or Drainage Permit is required, the Director shall be the review authority for the Administrative Design Review.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-050. - Canon Manor West (CMW).

(a)

Purpose. The purpose of the Canon Manor West Subdivision Local Area Guidelines and Standards is to implement water conservation mitigation measures required with the formation of a sewer and water assessment district for the Canon Manor West area.

(b)

Additional Permit Requirements or Exemptions. Only a Planning Clearance is required for the following ministerial actions require compliance with this Division prior to connection, permit final or resale, with the water conservation standards of Subsection (c) herein:

(1)

Connection to sewer and/or water.

(2)

A Building Permit for:

a.

Construction of a new dwelling; or

b.

Major renovation (more than thirty percent (30%) increase in square footage based on linear footage of altered walls method (Department Policy 9-2-29) of an existing home (a Building Permit and inspection is required).

(3)

The resale of an existing dwelling:

a.

Before sale the seller shall perform a water system audit utilizing the approved form provided by the Department and repair leaks as necessary. This is a selfmonitoring process and does not require a Building Permit or inspection; and

b.

Owners shall file the water system audit with the Department and the records shall be maintained in the well and septic files for the subject property.

(c)

Standards. The standards of this section are limited to the following water conservation measures:

(1)

Low flush toilets (1.6-gallon or less) (installation of a toilet requires a Building Permit);

(2)

Low-flow showerheads (2.5 gallons per minute (gpm) or less); and

(3)

Low-flow faucet aerators (2.2 gpm or less); or

(4)

If the dwelling is already equipped with low flush toilets, replace leaking toilet flappers as needed.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/CMW (Local Guidelines/Canon Manor West) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-060. - Glen Ellen Development and Design Guidelines (GE1) (GE2).

(a)

Purpose. The purpose of the Glen Ellen Development and Design Guidelines is to direct development in a way that the character of Glen Ellen is enhanced and its rural character and scenic quality are maintained. The design guidelines encourage the use of forms and materials that are human in scale.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Ministerial projects within the Glen Ellen Subarea 2 are exempt from the provisions of the Glen Ellen Design Guidelines.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Glen Ellen Development and Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this section apply to all properties within the boundary shown in the Zoning Database as being within the LG/GE1 (Local Guidelines Glen Ellen Subarea 1) or LG/GE2 (Local Guidelines/Glen Ellen Subarea 2) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-070. - Highway 116 Scenic Corridor (116).

(a)

Purpose. The purpose of the Highway 116 Scenic Corridor Study is to provide for the protection and enhancement of the scenic corridor along State Route 116 in Sonoma County.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Projects that require only ministerial approval, such as building permits, are exempt from the requirements of this section.

(2)

Discretionary projects within the Highway 116 Scenic Corridor Study boundary, but not visible from Highway 116 are exempt from the requirements of this section upon approval of a Zoning Permit with sufficient documentation to verify that the project would not be visible from Highway 116.

(3)

As authorized by the Scenic Highway 116 Guidelines, Cal-trans highway projects, County public works projects, and public utility projects shall use the Scenic Highway 116 Guidelines protective measures in the design and construction of public projects in the Scenic Highway 116 boundaries.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of Sonoma Highway 116 Scenic Highway Corridor Study on file at the Permit and Resource Management Department.

(d)

Boundaries. The guidelines established by this Section apply to all properties shown in the Zoning Database as being within the LG/116 (Local Guidelines/Highway 116 Scenic Corridor) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-080. - Penngrove Main Street (PNG).

(a)

Purpose. The purpose of the Penngrove Main Street Design Guidelines is to preserve the historic resources and traditional character of Penngrove's Main Street and promote a walkable, mixed-use, and economically viable commercial zone.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(2)

Signage and exterior lighting shall comply.

(3)

Historic structures identified in the Sonoma County Historic Resources Inventory and sites in the HD (Historic) combining zone require review by the Sonoma County Landmarks Commission or designated Landmarks Commission staff in compliance with Chapter 26, Article 82 (Design Review) and Article 68 (Historic District), and such review shall occur concurrently with the Design Review or Administrative Design Review Permit.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Penngrove Main Street Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/PNG (Local Guidelines/Penngrove) combining zone.

Sec. 26-90-090. - Russian River Corridor (RRC).

(a)

Purpose. The purpose of the Russian River Design Guidelines is to provide clear, concise design guidance in order to preserve and enhance the built environment of the Russian River area and to promote new development that respects the context of its unique setting and is appropriately integrated into the fabric of the existing community.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Signage and exterior lighting shall comply.

(2)

Single family and multi-family ministerial projects of 3 or less units are exempt from the provisions of the Russian River Corridor Design Guidelines, unless the site contains historic resources listed in subsection (b)(3) below.

(3)

Historic resources identified in the Russian River Corridor Appendix B (Historic Resources), the Sonoma County Historic Resources Inventory, and sites in the HD (Historic) combining zone require review by the Sonoma County Landmarks Commission or designated Landmarks Commission staff in compliance with Chapter 26, Article 82 (Design Review), and such review shall occur concurrently with the Design Review or Administrative Design Review Permit.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Russian River Corridor Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/RRC (Local Guidelines/Russian River Corridor) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-100. - Sebastopol Road Urban Vision Plan (SRV).

(a)

Purpose. The Sebastopol Road Urban Vision Plan advocates mixed use development along the Sebastopol Road corridor, with new structures placed at the edge of the public sidewalk and parking located behind the structure(s). The purpose of the Sebastopol Road Urban Vision Plan is to provide design parameters for current and new land uses to meet the following objectives:

(1)

Stimulate economic revitalization.

(2)

Provide more green spaces.

(3)

Facilitate pleasant and safer pedestrian connectivity.

(4)

Help decongest traffic.

(5)

Provide public spaces for socializing.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Sebastopol Road Urban Vision Plan on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/SRV (Local Guidelines/Sebastopol Road Urban Vision Plan) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-110. - The Springs Highway 12 (SPR).

(a)

Purpose. The purpose of the Springs Highway 12 Design Guidelines is to provide a vision and design standards that will lead to the beautification of the Highway 12 Corridor linking the communities of Fetters Hot Springs, Agua Caliente, Boyes Hot Springs and El Verano - collectively referred to as "The Springs."

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Signage and exterior lighting shall comply.

(2)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of The Springs Highway 12 Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards established by this Section applies to any parcel with frontage on Highway 12 from its intersection at Verano Avenue, north, to its intersection at Agua Caliente Road, and shown in the Zoning Database as being within the LG/SPR (Local Guidelines/The Springs Highway 12) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-120. - Taylor/Sonoma/Mayacamas Mountains (MTN).

(a)

Purpose. These standards are intended to reduce the visual impacts of residential related development within the Scenic Landscape Units of Taylor, Sonoma, and Mayacamas Mountain areas as visible from public roads.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Deed Restriction. A deed restriction shall be recorded stating the conditions of the Design Review or Administrative Design Review approval.

(2)

Structures and Site Development. These standards apply to single-family dwellings, second dwelling units, residential accessory structures, and other associated site development including but not limited to roadways, site grading, and utilities (collectively referred to in this Section as "site development"), except as otherwise exempt, that are or would be visible from public roads.

(3)

Board Appointed Citizen Advisory Committee Referral. These standards shall be utilized by the Department and applicable Board appointed local citizen's advisory committees in compliance with Chapter 26, Article 64 (Scenic Resources Combining Zone) to evaluate any Building Permit applications for proposed single-family dwellings, second dwelling units, and any other associated site development.

(4)

Effect on Existing Structures. Legal single-family dwelling(s) or appurtenant structure(s) existing on the effective date of this Section shall be deemed to comply with this Section. Expansions to existing single-family dwelling(s) and/or appurtenant structure(s) shall be required to comply with this Section.

(5)

Exempt Structures. The requirements of this section shall not apply to:

a.

Accessory structure(s) that do not require a Building Permit;

b.

Agricultural structure(s) or use;

c.

Farm family, agricultural employee, and farmworker housing; and

d.

Structure(s) that are not or would not be visible at the time of construction from public roads. Nothing in this section shall apply to the appearance of a singlefamily dwelling(s) or appurtenant structure(s) where viewed from a non-vehicular pedestrian, bicycle, or equestrian trail open to the public.

(6)

Exemption for sites rendered unbuildable. One or more of the requirements of this Section may be waived or modified where the applicable review authority determines that strict compliance with these standards would render a legal parcel unbuildable, provided that the review authority shall first find that:

a.

A single-family dwelling or second dwelling unit and each appurtenant structure, road, driveway, and utility line will be located where the least visual impact would result; and

b.

The proposed development will not conflict with Chapter 26, Article 64 (Scenic Resources Combining Zone).

(c)

Standards. The following standards apply:

(1)

Site Planning Standards.

a.

Applicability. The provisions of this subsection apply to all proposed site development which, for the purposes of this Subsection includes each proposed dwelling, appurtenant structure, and any related utility line, access road, and driveway except on a site where a building envelope was previously established by way of a recorded subdivision map or recorded open space or conservation easement, in which case the structure shall be located within the established building envelope.

b.

Siting Criteria. All features of site development that are subject to these standards shall, to the extent feasible, be located to be substantially screened when viewed from public roads. The term "viewed" shall mean what is visible to a person of normal eyesight from public roads.

c.

Alternative Siting. The location of site development in compliance with this Section shall be feasible based on the factors of fire, safety, on-site sewage disposal, drainage, geologic, and other constraints. Where these constraints make it infeasible to substantially screen the structures and related site development, they shall be located in the least visible location on the parcel and shall be subject to the architectural and landscaping standards in specified in subsections e. and f., below.

d.

Use of existing vegetation and site features.

1.

Existing vegetation or existing topographic features shall be used, where feasible, to substantially screen site development as seen from public roads.

2.

Grading and removal of trees and other mature vegetation should be minimized. Avoid removal of specimen trees, tree groupings, and windbreaks.

3.

The applicant shall provide the Department with a site plan indicating if any vegetation is proposed, or topographic features proposed to be removed as well as vegetation to be retained and used to substantially screen the site development.

4.

Where existing topography and vegetation would not screen structures from view from public roads, landscaping shall be installed consisting of native vegetation in natural groupings that fit with the character of the area in order to substantially screen structures from view.

e.

Ridge-line Development. On hills and ridges, no portion of a single-family dwelling, appurtenant structure(s), or any portion of a structure shall appear against the sky when viewed from public roads.

f.

Roads and Driveways. The grade and alignment of each new access road, including any driveway, related to the construction of any single-family dwelling and/or appurtenant structure(s) shall be located and designed to minimize the visibility of each road and road cut, as viewed from public roads.

g.

Grading.

1.

All exposed slopes and disturbed soil resulting from site development shall be graded so as to be gently sloping and blend with the natural topography.

Regraded slopes and disturbed soils shall be revegetated with indigenous plants, or other plants with similar massing and coverage characteristics suitable to minimize soil erosion.

(2)

Architectural Standards. Each single-family dwelling and appurtenant structures, including fences, shall comply with the following standards, except as may be exempted in compliance with subsection (b)(5) (Exempt Structures), above.

a.

Rural Character.

1.

All new structures shall be designed to respect the rural character of the surrounding environment.

2.

The architectural form of the structure(s) and site development shall utilize appropriate form and massing to reduce the visual impact and blend with the environmental setting.

b.

Building Materials and Exterior Colors.

The exterior colors of the structure shall be local earth tones blending with the natural environment of the site and have a low reflectivity value.

An exterior color may be changed to another new color, provided that the new color is consistent with these standards.

3.

Building materials (e.g., bricks, natural wood, or stone) may be considered, provided the material used is an appropriate color and has a low reflectivity value.

c.

Windows. Window glazing shall be nonreflective.

d.

Lighting, Exterior.

1.

Exterior lighting shall be downward facing, fully shielded, and located at the lowest possible point to the ground to prevent glare and light pollution.

Light fixtures shall not be located at the periphery of the property and shall not spill over onto adjacent properties or into the night sky.

Luminaires shall have a maximum output of 1000 lumens per fixture.

Total illuminance beyond the property line created by simultaneous operation of all exterior lighting shall not exceed 1.0 lux.

All roadway, parking, and driveway lights shall be low profile utilizing full cut-off fixtures.

6.

Flood lights are not allowed.

7.

If security lighting is necessary, it shall be motion-sensor activated only.

(3)

Landscaping. Site development in compliance with this section shall require landscaping as follows, consistent with Section 7D-3 (Water Efficient Landscape Regulations), County Code Chapter 13 (Fire Safety Ordinance), and Emergency Services Department Vegetation Management Guidelines, except as provided by Subsection (c)(3)c., below.

a.

Size and Density of Plant Materials. Landscaping necessary to accomplish substantial screening shall be of sufficient size and density to screen the structure within ten (10) years following installation.

b.

Plant Species. Plant species used for any screening and revegetation required by these standards shall be indigenous, or of a similar character as determined by the review authority. Planting shall also comply with the fire safe standards.

c.

Waiver or Modification of Landscaping Requirements. Where the Director determines that because of soil, climatic conditions, or topographic conditions, the landscaping otherwise required by this Subsection would not be feasible, the Director may waive the landscaping requirements, provided that the dwelling and/or appurtenant structure(s) is constructed in the least visible location on the building site. The Director shall not waive the landscaping requirements unless the Director has first determined that the applicant has:

1.

Explored all reasonable alternative measures to screen or otherwise reduce the visibility of the structures, and associated site development, to the same degree as the landscaping requirements that would be waived; and

2.

Proposed an alternative or demonstrated that landscaping is not necessary and/or feasible for the particular structure and/or site development at issue.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/MTN (Local Guidelines/Taylor Sonoma Mayacamas Mountains) combining zone.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-130. - [Lance Drive local guidelines.]

(a)

Purpose. The purpose of the Lance Drive Local Guidelines is to implement the vision of the City of Santa Rosa's North Santa Rosa Station Area Specific Plan for a multi-modal, transit-oriented community and provide for development standards that are consistent with the Specific Plan and the City's pre-zoning for specified unincorporated island parcels adjacent to Lance Drive and Guerneville Road in the City of Santa Rosa. The site design for this area shall include:

(1)

New residential neighborhoods that feature sidewalks on both sides of the street;

(2)

An urban plaza located at the corner of Lance Drive and Guerneville Road; and

(3)

Community gardens incorporated into neighborhood design.

(b)

Definitions. The following definitions apply in this section:

(1)

Activity-generating use: a land use that is intended to attract a high volume of pedestrian traffic. An activity-generating use provides high customer turnover and social interaction, such as retail, entertainment and dining establishments, personal services, theaters, and galleries, and may include a lobby for upper-floor multifamily residential units.

(2)

Encroachment: a portion of a building that extends beyond the limits determined by the setbacks.

(3)

Stepback: the number of feet a building recedes from the build-to line of the floor below it.

(c)

Standards.

(1)

For properties designated as medium density residential (R2) or high density residential (R3), the development standards in Table 1 apply in addition to the development standards of the applicable base zoning district. Where conflicts exist, the standards in this section shall control.

Table 1. Development Standards — Residential

(2)

For properties designated as retail business and service (C2), the development standards in Table 2 apply in addition to the development standards of the applicable base zoning district. Where conflicts exist, the standards in this section shall control.

Table 2. Development Standards — Commercial

(3)

Parking Requirements. Notwithstanding conflicting requirements of Article 86 (Parking Regulations), the following parking requirements apply:

Table 3. Parking Requirements

(1)

In anticipation of annexation, developments should be guided by the Design Guidelines applicable to the sites as provided in the City of Santa Rosa's North Santa Rosa Station Area Specific Plan.

(2)

Development abutting the Northwest Community Park shall provide a direct pedestrian or bicycle connection to the park.

(3)

In anticipation of annexation, all multifamily and commercial development on these properties shall comply with the City of Santa Rosa's adopted Design and Construction Standards for Streets, Traffic, Street Lights, Storm Drains, Water, Sewer, and Landscaping, or successor standards.

(d)

Boundaries. The standards established by this section apply to all properties within the boundary shown in the zoning database as being within the LG/LAN (Local Guidelines/Lance Drive) combining zone.

(Ord. No. 6458, § XXIII, 12-5-2023)

Article 92. - Administrative and Public Hearing Procedures.