Chapter 19.03 — LAND USE PERMIT REQUIREMENTS

Sections:

• 19.03.010 Purpose of chapter.

• 19.03.020 Requirements for development and new land uses.

• 19.03.030 Exemptions from land use permit requirements.

• 19.03.040 Temporary uses.

• 19.03.050 Additional permits or approvals may be required.

• 19.03.060 Indemnification agreement.

• 19.03.070 Indemnification applicable irrespective whether applicant enters into agreement.

This chapter describes the general requirements of this development code for the approval of proposed development and new land uses by the city. Land use permit requirements for specific land uses are instead established by SMC 19.10.050, Allowable land uses and permit requirements, and Division IV, General Site Planning and Development Standards. (Ord. 2003-02 § 3, 2003).

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements:

A. Allowable Use. The land use shall be identified by SMC 19.10.050, Allowable land uses and permit requirements, as being allowable in the zoning district applied to the site. The city planner may determine whether a particular land use is allowable, in compliance with SMC 19.02.020, Rules of interpretation.

B. Land Use Permit Requirement. Any land use permit or other approval required by this development code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in SMC 19.03.030, Exemptions from land use permit requirements. The land use permit requirements of this development code are established by SMC 19.02.020(D), Rules of interpretation – Allowable Uses of Land).

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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C. Development Standards. The use and/or structures shall comply with all other applicable requirements of this development code, including the development standards of Division II, Community Design, and Division III, Project Design, and the requirements set forth in Division IV, General Site Planning and Development Standards.

D. Conditions of Approval. The use and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit.

E. Legal Parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Division VI of this development code, as applicable at the time the parcel was created.

F. Development Agreements. The use and/or structures shall comply with all applicable development agreements approved by the city council. (Ord. 2003-02 § 3, 2003).

The land use permit requirements of this development code do not apply to the activities, and/or structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

A. General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection (B) of this section, are exempt from the land use permit requirements of this development code only when:

1. The activity or use is established and operated in compliance with all applicable standards of this development code;

2. The activity or use is not part of a larger project for which a discretionary permit is required;

3. The activity or use is not restricted or controlled by a previously granted discretionary permit;

4. Any permit or approval required by regulations other than this development code is obtained in compliance with SMC 19.03.050, Additional permits or approvals may be required.

B. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this development code when in compliance with subsection (A) of this section, except that a zoning clearance (SMC 19.54.020) is required whenever a building permit is required for any of these activities or uses.

1. Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are:

   • a. Not required to have a building permit or grading permit by SMC Title 14, Buildings and Construction;

   • b. Not over 30 inches above natural grade and not over any basement or story below; and

   • c. Unenclosed except for a safety railing with a maximum height of 42 inches.

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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2. Fences – Residential Zoning Districts. Fences in the residential zoning districts are exempt from land use permit requirements as provided by Chapter 19.46 SMC, Fences, Hedges and Walls.

3. Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure, or change the permitted use of the structure.

4. Portable Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, and similar structures, that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth, and are outside required front and street-side setbacks. These facilities shall be located at least three feet from side or rear property lines.

5. Repairs and Maintenance. Ordinary repairs and maintenance, if:

   • a. The work does not change the approved land use of the site or structure, or add to, enlarge or expand the area occupied by the land use, or the floor area of the structure; and

   • b. Any exterior repairs employ the similar materials and design as the original construction (commercial uses, only).

6. Small Residential Accessory Structures (Portable). A single portable structure per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that:

   • a. Are exempt from building permit requirements in compliance with SMC Title 14 and the Uniform Building Code;

   • b. Are less than 120 square feet in gross floor area and no more than eight feet in height; and

   • c. Are outside required front and street-side setbacks.

7. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are subject to Chapter 5.30 SMC, Wireless Telecommunications Facilities.

8. Walls, Retaining Walls. Wooden, concrete and masonry walls less than 30 inches in height located in compliance with subsection (B)(2) of this section, and retaining walls (retaining earth only) that result in grade changes of 30 inches or less and are not required to have a grading permit. (Ord. 07-2018 § 3, 2018; Ord. 2003-02 § 3, 2003).

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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Requirements for establishing a temporary use and/or activity (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, and similar uses and activities) are in SMC 19.54.030, Temporary use permits. (Ord. 2003-02 § 3, 2003).

A land use that complies with the permit requirement or exemption provisions of this development code may still be subject to the permit requirements of other municipal code provisions, or other agencies, before the use is constructed, or otherwise established and put into operation. Nothing in this development code shall eliminate the need to obtain any permits or approvals required by:

A. Sonoma Municipal Code. Any other municipal code provisions, including: building, grading, or other construction permits if they are required by SMC Title 14; or a business license if required by SMC Title 5; or

• B. Other Jurisdictions. Any applicable county, or any regional, state or federal agency regulations.

All necessary permits shall be obtained before starting work or establishing a new use. The applicant shall be responsible for determining whether any additional permits are necessary. (Ord. 2003-02 § 3, 2003).

A. All applications for the permits, approvals and development agreements described in SMC 19.03.020(B), all appeals provided for under SMC, all requests for determinations or interpretations under Chapters 19.56 and 19.02 SMC, respectively, and all applications for any type of subdivision or other approval filed under SMC Title 19, Division VI (the application, appeal and request shall collectively be referred to as “application”) (the entitlement or decision sought by the application shall collectively be referred to as “approval”) shall include provisions requiring the applicant/appellant/requester (collectively referred to as “applicant”), the owner and their successors in interest to agree, as part of the application, to defend, indemnify, and hold harmless the city and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

1. Any such approval of the city; and/or

2. An action taken to provide environmental clearance under the California Environmental Quality Act (CEOA) by its advisory agencies, appeal boards, or city council.

B. The indemnification agreement shall be in a form acceptable to the city attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the owner, the city, and/or the parties initiating or bringing such proceeding. The agreement shall also include a

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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provision obligating the applicant and owner to indemnify the city for all of the city’s costs, fees, and damages which the city incurs in enforcing the indemnification provisions of this section.

C. Also at the time of submitting an application, the applicant and owner shall agree, as part of the application, to defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or General Plan amendment) if made necessary by said proceeding and if the applicant and/or owner desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

D. In the event that a proceeding described in subsection (A)(1) or (A)(2) of this section, or in SMC 19.03.070, is brought, the city shall promptly notify the applicant and owner of the existence of the proceeding and the city will cooperate in the defense of the proceeding. Nothing in this section shall prohibit the city from participating in the defense of any proceeding.

E. In the event that the applicant and/or owner is required to defend the city in connection with any proceeding described in subsection (A) of this section, or in SMC 19.03.070, the city shall retain the right to approve:

1. The counsel to so defend the city;

2. All significant decisions concerning the manner in which the defense is conducted; and

3. Any and all settlements, which approvals shall not be unreasonably withheld.

F. The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant and/or owner in the defense of the proceeding.

G. If the city chooses to participate in the defense of the proceeding and have counsel of its own defend any proceeding where the applicant or owner has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Where the city chooses to participate in the defense of the proceeding, the city shall defend the proceeding in good faith. Notwithstanding the foregoing to the contrary, if the city attorney’s office participates in the defense, all city attorney fees and costs shall be paid by the applicant and/or owner.

H. At the time that the application is first filed with the city, the city planning director is authorized to require that the applicant and/or owner pay an amount to the city not to exceed $100,000 to act as a deposit against any liability that the city may have as a result of a proceeding described above. If no proceeding is brought against the city the deposit shall be returned to the applicant and/or owner, without interest, within 45 days after the applicable statute of limitations has passed without a proceeding having been filed. If a proceeding is timely brought against the city, the city may use the deposit to pay for costs and fees it incurs in defending the proceeding and should the city expend more than 50 percent of the deposit, the applicant and/or owner shall be required to replenish the deposit to its original amount within 30 days of receipt of a notice from the city to do so.

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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I. If the applicant or the owner is not a person, but is an entity, then, as part and parcel of a complete application, the managing member, majority shareholder or other principal of the entity must execute an agreement personally guaranteeing the entity’s obligations under this section.

J. Notwithstanding anything to the contrary stated above, to the extent an approval concerns a subdivision, then as to that approval the applicant and owner shall be required to agree to indemnify, defend and hold the city harmless pursuant to and to the extent provided under Cal. Government Code Section 66474.9(b).

K. If at the time that this section becomes effective, an application for any of the approvals or clearances covered by this section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant and owner to indemnify the city in a form and with language substantially in conformance with subsections (A) through (J) of this section, as the same may be applicable. (Ord. 01-2021 § 1(1), 2021).

A. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, the applicant, the owner and their successors in interest shall, as a condition to and as part of any of the approvals described in SMC 19.03.060(A) defend, indemnify and hold harmless the city and its agents, officers, attorneys and employees from any proceeding (as defined in SMC 19.03.060(A)) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

1. Any such approval of the city; and/or

2. An action taken to provide environmental clearance under the California Environmental Quality Act (CEOA) by its advisory agencies, appeal boards, or city council.

B. The indemnification obligation shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the owner, the city, and/or the parties initiating or bringing such proceeding. The condition shall also obligate the applicant and owner to indemnify the city for all of the city’s costs, fees, and damages which the city incurs in enforcing the indemnification provisions of the condition.

C. The indemnification obligations shall also require the applicant and owner to defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or General Plan amendment) if made necessary by said proceeding and if the applicant and/or owner desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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D. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, in the event that a proceeding is brought, the city shall promptly notify the applicant and owner of the existence of the proceeding and the city will cooperate in the defense of the proceeding. Nothing in this section or the condition of approval shall prohibit the city from participating in the defense of any proceeding.

E. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, in the event that the applicant and/or owner is required to defend the city in connection with any proceeding, the city shall retain the right to approve:

1. The counsel to so defend the city;

2. All significant decisions concerning the manner in which the defense is conducted; and

3. Any and all settlements, which approvals shall not be unreasonably withheld.

F. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, the city shall also have the right not to participate in the defense, except that the city will cooperate with the applicant and/or owner in the defense of the proceeding.

G. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, if the city chooses to participate in the defense of the proceeding and have counsel of its own defend any proceeding where the applicant or owner has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Where the city chooses to participate in the defense of the proceeding, the city shall defend the proceeding in good faith. Notwithstanding the foregoing to the contrary, if the city attorney’s office participates in the defense, all city attorney fees and costs shall be paid by the applicant and/or owner.

H. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, at the time that the application is first filed with the city, the city planning director is authorized to require that the applicant and/or owner pay an amount to the city not to exceed $100,000 to act as a deposit against any liability that the city may have as a result of a proceeding described above. If no proceeding is brought against the city the deposit shall be returned to the applicant and/or owner, without interest, within 45 days after the applicable statute of limitations has passed without a proceeding having been filed. If a proceeding is timely brought against the city, the city may use the deposit to pay for costs and fees it incurs in defending the proceeding and should the city expend more than 50 percent of the deposit, the applicant and/or owner shall be required to replenish the deposit to its original amount within 30 days of receipt of a notice from the city to do so.

I. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, if the applicant or the owner is not a person, but is an entity, then the managing member, majority shareholder or other principal of the entity shall be personally liable for the entity’s obligations under this section.

The Sonoma Municipal Code is current through Ordinance 13-2025, passed December 3, 2025.

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J. Notwithstanding anything to the contrary stated above, to the extent an approval concerns a subdivision, then as to that approval the applicant and owner shall be required to indemnify, defend and hold the city harmless pursuant to and to the extent provided under Cal. Government Code Section 66474.9(b). (Ord. 01-2021 § 1(1), 2021).