2012/03/13 City Council Ordinance 844
ORDINANCE NO. 844
AN O:RDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA,
APPROVING AMENDMENTS TO TITLE 17 ZONING OF THE ROHNERT PARK
MUNICIP AL CODE
WHEREAS, the City of Rohnert Park updated its General Plan Housing Element in
2010, as required by State Law. The City Council adopted the Negative Declaration prepared for
the Housing Element Update Project on May 11,2010;
WHEREAS, the adopted Housing Element has been certified by the California
Department of Housing and Community Development subject to the implementation of the
housing programs approved by the City Council;
WHEREAS, several of the programs included in the Housing Element require an
amendment to Title 17 Zoning of the City of Rohnert Park Municipal Code (hereinafter referred
to as the "Zoning Ordinance") to implement the policies and achieve the goals of the Housing
Element. The proposed amendments to the Zoning Ordinance, which are attached as Exhibit A,
would serve to implement those housing programs included in the General Plan Housing
Element;
WHEREAS, pursuant to California State Law and the RPMC, a quarter page public
hearing notice was published for a minimum of 10 days prior to the first public hearing in the
Community Voice;
WHEREAS, on October 27, 2011, the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support or opposition to the
proposal;
WHEREAS, consideration of the proposal was continued from the October 27, 2011
Planning Commission hearing to December 8, 2011.
WHEREAS, on December 8, 2011, the Planning Commission held a public hearing at
which time interested persons had an opportunity to testify either in support or opposition to the
proposal;
WHEREAS, on February 14,2012, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposed
Zoning Ordinance amendments; and
WHEREAS, the City Council has reviewed and considered the information contained in
the staff report and the Zoning Ordinance Amendment materials.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert
Park does ordain as follows:
SECTION 1. Findings for Approval of Zoning Ordinance Amendments
The City Council of has reviewed Planning Application No. PL2011-032MC,
Amendments to the Zoning Ordinance, and hereby makes the following findings:
A. A duly noticed public hearing regarding the Zoning Ordinance amendments was
held by the Planning Commission on October 27, 2011, continued to December 8, 2011, in
conformance with the notice provisions of Government Code SS 65090 and 65091 and the
requirements of the RPMC.
B. A duly noticed public hearing regarding the Zoning Ordinance amendments was
held by the City Council on February 14, 2012 in conformance with the notice provisions of
Government Code SS 65090 and 65091 and the requirements of the RPMC.
C. The proposed amendments to the Zoning Ordinance have been reviewed and
considered by the City Council. The proposed text amendments are necessary for implementing
programs contained in the City's General Plan Housing Element.
SECTION 2. Approval of Zoning Ordinance Amendments
The City hereby approves the amendments to portions of the text of the Zoning
Ordinance in substantially similar form as attached hereto and incorporated herein as Exhibit A
which is incorporated by reference as if set forth in full.
SECTION 3. Compliance with the California Environmental Quality Act.
In accordance with the California Environmental Quality Act, an Initial Study was
prepared to determine whether the City of Rohnert Park General Plan Housing Element update
and its included goals, policies, programs, and objectives would have a significant adverse effect
on the environment. On the basis of that study, it was determined that the update of the Housing
Element would not have a significant adverse effect on the environment without implementation
of mitigation measures, and a Negative Declaration was prepared. The Negative Declaration was
circulated for public review between August 31, 2009 and September 29, 2009 and adopted by
the City Council on May 11, 2010.
SECTION 4. Severability.
The City Council hereby declares that every section, paragraph, sentence, clause, and
phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this
ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses, or phrases.
SECTION 5. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption, and shall be
published and posted as required by law.
This ordinance was introduced by the Council ofthe City of Rohnert Park on February 14,2012,
and was adopted on March 13,2012, by the following roll call vote:
AYES:
Four (4) Councilmembers Ahanotu, Belforte, Stafford and Mayor
Mackenzie
NOES:
None -CO)
ABSENT:
Absent(l) Councilmember Callinan
ABSTAIN:
None (0)
CITY OF ROHNERT PARK
~J),.J~=-(
. Mayor /"
APPROVED AS TO FORM:
c~ )v. rJ\:.
(.\<v-s \-. City Attorney
EXHIBIT A
Section 17.04.030 of the Rohnert Park Municipal Code is amended to read as follows:
"Off-Campus Student Housing" means a living arrangement for Student Tenants within an
off-campus dwelling unit or portion thereof, except if all the Student Tenants are family of the
owner of the dwelling or the,dwelling is leased and used only by a family as the family's primary
residence. Off-campus Student Housing shall not include dormitories owned and operated by a
university, college or trade school.
"Single-room occupancy (SRO) living unit facility" means a residential development
containing secure rooms, of a smaller size than normally found in multiple dwellings, which are
rented to a one or two person household. SRO living units are provided for a weekly or monthly
period of time, in exchange for an agreed payment or a fixed amount of money or other
compensation.
"Student Tenant" means an individual who is enrolled or has made application to and been
accepted at a university, college, or trade school and who is residing in a dwelling unit governed
by this ordinance.
"Supportive Housing" means a residential use that provides housing with no limit on length
of stay to adults with low incomes having one or more disabilities, including mental illness, HIV
orAIDS, substance abuse, or other chronic health conditions, or individuals eligible for services
provid~d under the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code) and may, among other
populations, include families with children, elderly persons, young adults aging out of the foster
care system, individuals exiting from institutional settings, veterans, or homeless people.
Supportive Housing is linked to on-site or off-site services that assist the tenants with the
retention of the housing, improving his or her health status, and maximizing their ability to live
and, when possible, to work in the community. Supportive housing shall be considered a
residential use and only subject to those restrictions that apply to other residential uses of the
same type in the same zone.
"Transitional Housing" means temporary housing provided for a longer term (generally up
to twenty-four months) with varying degrees of support services (e.g., life skills training,
financial management, job hunting skills, as well as case management and counseling) to
enable homeless persons to successfully transition to and maintain permanent housing.
Transitional housing shall be considered a residential use and only subject to those restrictions
that apply to other residential uses of the same type in the same zone.
Section 17.06.030 of the Rohnert Park Municipal Code is amended to read as follows:
Affordable Housing Density Bonus (H) A A A A
Agricultural Uses
. Pasturing and Grazing (small scale) P
. Other C
Bed & Breakfast Inn (D) C C
Community Center C C C C
Communication Facilities (F) Z/C Z/C Z/C ZfC
Day Care Center C C C C
Day Care Home, Family (G)
. Small (8 or fewer children) P P P P
. Large (9 or more children) C C C C
Equestrian Uses
.. Stables, Private P
. Stables, Commercial C
Family Care Home/Community Care
. Small (6 or less persons) P P P P
. Large (7 or more persons) C
Farmworker Housing P P
Homeless Shelters (M)
. Small (6 or less persons) P P P P
. Large (7 or more persons) P
Kennel (Commercial and Noncommercial) (0) C
Manufactured Housing (Q) Z Z Z Z
Mobile Home Park or Subdivision C C
(see Section 17.06.120)
Multi-Family Housing
. duplexes-single story P P
. other P
Private/Public Utility Facility (F)
. Minor Z/C Z/C Z/C Z/C
. Major C C C C
Private Schools
. Elementary and Secondary C C C C
. High School C C
. V ocational/Trade Schools C C
Public Facility-Non-city owned or proposed (see also C C C C
Public Utility)
Public Facility-City owned or proposed (subject to P P P P
Planning Commission review on referral from City
Council)
Rooming or Boarding House
. Single Room Occupancy Living Unit Facility (Z) A A
. Fraternity/Sorority C
Recovery Facility
. Small (6 or less persons) P P P P
. Large (7 or more persons) C
Religious Assembly C C C C
Residential Care Facility (Congregate Care/Assisted
Living)
. Small (6 or less persons) P P P P
. Large (7 or more persons) C C C C
Second Residential Unit (e.g., in-law units) (X) Z Z Z Z
Single Family Dwellings P P P C
. Accessory Uses/Structures
. Antenna, Vertical/Satellite Dish (F) PIC PIC PIC PIC
. Accessory Structure (see Sectionsl7.1 0.020 and P P P P
17.1 0.060)
. Home Occupation (L) Z Z Z Z
Temporary Use/Event (EE, see also DD)
. Arts & Crafts Shows/Outdoor T T T T
. Outdoor Exhibit T T T T
. Religious Assembly C C C C
. Seasonal Lots/Activity (e.g., Christmas trees, T T T T
pumpkins)
. Recreation Event
Small (e.g., one or two day skateboard demo or T T T T
remote control car races)
Large C C C C
(Ord. 739 S2 (part), 2005; Ord. 695 S3, 2003)
Section 17.06.060 of the Rohnert Park Municipal Code is amended to read as follows:
. Large P
Hardware Store P P
Health Club C C P
Home Improvement Store P
Homeless Shelter (M)
. Small (6 or less persons) P P P
. Large (7 or more persons) P P P
Hospital C C
Hotel/Motel (No in-room food preparation unless applied P
for and approved as part of project approval or
separately. )
Interior Decoratpr C P P
Kennel (Commercial) (0) C
Laboratory
. In conjunction with a medical, dental or 0 tical use pel) P(I) P(I)
. As a primary use P
Laundromat P C
Liquor Store (Off-Sale) (R) C C
Live Entertainment C C
Live/Work (P) C C
Massage Therapy (see Chapter 9.80) P(I) C P
Medical Clinic P C P
Microbrewery with restaurant C
Nursery (Horticulture) P
Office
. Professional and Administrative P P P
. Medical and Dental P P P
Paint Store P
Parking Lot (Commercial) A C A
Pawn Shop C
Pharmacy (see Drive-Through Window) (I) (Does not P(I) P P
include a Medical Marijuana Dispensary, which is a
prohibited use within the City.)
Photography Studio P P
Printing & Blueprinting
. Small Copy Center P(I) P P
. Print Shop C P
Private/Public Utility Facility (F)
. Minor Z/C Z/C Z/C
. Major C C C
Public Assembly C C C
Public Facility-Non-city owned or proposed (see also C C .C
Public Utility)
Public Facility-City owned or proposed (subject to P P P
Planning Commission review on referral from City
Council)
Recovery Facility
. Small (6 or less persons) C C C
. Large (7 or more persons) C C
Recycling Facility (V)
. Reverse Vending Machines P P
. Small Collection Facility C C C
. Large Collection Facility C
Religious Assembly C C C
Research and Development (Office Type Uses) P
Residential Care Facility
. Congregate Care/Assisted Living C C C
. Convalescent Hospital C C C
. Senior Housing (Independent Living) C C C
Residential uses as a part of a mixed use project when C C C
located in the same building as a nonresidential use.
Restaurant
. General P P P
. Fast Food (see also Drive-Through Window-9) C C C
. Outdoor & Sidewalk Cafe (S) A A A
. Take Out/Delivery P P P
. With Bar & Live Entertainment (R) C C
Retail, General and Specialty P(I) P P
. Department or Big Box Retail P
Retail Warehouse Store (e.g., big box) P
School C C C
. Elementary or Secondary C C
. High School C C
. Trade School C C
College . C
.
Self-Storage Facility (y) C
Sign Shop
. Small (e.g., typically located in a small office/retail P P
space)
. Large P C
Single Room Occupancy Living Unit Facility (Z) A
Single Room Occupancy Residential.Hotel (Z) A
Studio (e.g. Dance, Martial Arts) C C C
Tailor P(I) P P
Tattoo/Piercing Studio C C
Telecom Hotel C
Section 17.06.130 of the Rohnert Park Municipal Code is amended to read as follows:
Religious Assembly
· Homeless shelter (6 or less persons)
Residential Facility
· Congregate Care/Assisted Living
· Convalescent Hospital
· Single Room Occupancy Living Unit Facility (Z)
· Single Room Occupancy Residential Hotel (Z)
· Senior Housing (Independent Living)
Residential Use
· Live/Work (16)
· Multi-Family
. Townhouse
Restaurant
· General
· Outdoor & Sidewalk Cafe (19)
· Take Out/Delivery (drive-through windows not permitted)
· With Bar & Live Entertainment (18)
Retail, General and Specialty
School
· Elementary or .Secondary
· High School
· Trade School
· College
Studio (e.g. Dance, Martial Arts)
Tailor
Tattoo/Piercing Studio
Temporary Use/Event (31; see also 30)
· Arts & Crafts Show
· Circus/Carnival
· Flea Market/Swap Meet
· Live Entertainment
· Outdoor Exhibit
· Recreational Event
· Religious Assembly
· Retail Sales
· Seasonal Lot/Activity (e.g. Christmas trees, pumpkins)
· Trade Fair
Theater (under 500 seats)
C
P
C
C
C
P
P
P
P
P
P
P
A
P
C
P
C
C
C
C
C
P
C
T
T
C
C
T
C
C
T
T
T
C
. Subsection H(4)(b)(1) of Section 17.07.020 of the Rohnert Park Municipal Code is amended
to read as follows:
b. Housing density bonus and incentive(s) or concession(s) application and approvaL
(1) The request for approval of a density bonus and incentive(s) or concession(s) shall be made
by applying for an Administrative Use Permit. The procedures applicable to the processing
of an Administrative Use Permit shall apply to the request for approval of a density bonus
and incentive(s) or concession(s). The findings required by Section 17.25.053 do not apply
. to Administrative Use Permits granted pursuant to this Section 17.07.020(H).
The request for approval of a density bonus and incentive(s) or concession(s) pursuant to this
section shall be made along with other applicable related planning action requests for the
project as specified in the Rohnert Park zoning ordinance, except for projects for which one
or more approvals has been sought prior to the adoption of this section.
Subsections M(2) and M(3) of Section 17.07.020 of the Rohnert Park Municipal Code is
amended to read as follows:
M. HOMELESS SHELTER
2. Applicability. A homeless shelter for six or fewer persons may be located in
conjunction with an existing Church or other places of religious assembly, and in
any portion of the City zoned for residential or commercial development. To ensure
that a concentration of persons within a single site is compatible with the
neighborhood and. adequate for the persons living on-'site, homeless shelters for
seven or more persons may be permitted in conjunction with an existing Church or
other places of religious assembly, and in any portion of the City zoned for high-
density residential or commercial development.
3. Physical characteristics. Persons seeking to establish homeless shelters shall be
required to demonstrate:
a. The facilities have adequate private living space, shower and toilet facilities, and
secure storage areas for its intended residents.
b. The facility shall have at least one room, which has 120 square feet of floor
area. Other habitable rooms shall have an area not less than 70 square feet.
Where more than two persons occupy a room used for sleeping purposes, the
required floor area shall be increased at the rate of 50 square feet for each
occupant in excess of two. (Source: Uniforn1 Housing Code.) Rooms used for
sleeping shall meet requirements of the California Building Code and minimum
health and safety requirements.
c. The facility has an enclosed yard area, especially if the facility is located on a
major thoroughfare.
d. There shall be a minimum distance requirement of 600 feet between such
facilities as measured between the closest points on the exterior property lines
or area boundaries of the parcels or areas involved.
e.Facilities for seven or more persons shall have two off-street parking spaces plus
one space for every two employees.
Subsection Z of Section 17.07.020 of the Rohnert Park Municipal Code is amended to read
as follows:
Z. Single Room Occupancy.
I. Single Room Occupancy (SRO) living unit facility. An SRO living unit facility may be permitted
or permitted with approval of an administrative permit in indicated districts subject to the
following conditions:
a. Excludingthe closet and the bathroom area, a SRO living unit shall be a minimum of one
hundred fifty sq.ft. in floor area. The average unit size in a living unit facility shall be no
greater than two hundred seventy-five sq.ft. and no individual unit may exceed 400
sq.ft;
Q. Each SRO living unit shall be designed to accommodate a maximum of two persons;
c. An SRO living unit may contain partial kitchen facilities that are built-in and approved by
the Building Department;
d. Individual SRO living units shall not have separate external entryways;
e. An SRO living unit shall be provided with a kitchen equipped with a kitchen sink;
however, an SRO unit may contain partial kitchen facilities so long as a sink is provided
and kitchen facilities are provided on each floor accessible from a public hallway; all
complete and partial kitchen facilities shall be built-in and approved by the Building
Department;
f. An SRO living unit shall be provided with a separate closet and a bathroom equipped
with facilities consisting of a water closet, lavatory, and either a bathtub or shower;
g. The SRO living unit facility shall have a management plan approved by the Development
Services Director. The management plan shall contain management policies, operations,
rental procedures, and maintenance plans, staffing needs and security procedures. An on-
site, twenty-four hour manager is required in every living unit project. The rental
procedures must allow for both weekly and monthly tenancies and specify deposit
requirements for each type of tenancy. A manager's unit shall be a complete dwelling
unit and so designated on all plans;
h. Laundry facilities shall be provided in a separate room at the ratio of one washer and one
dryer for every twenty units or fractional number thereof. The laundry facility shall be
located near the interior common space. Washers and dryers shall be coin operated;
I. A closet and separate storage space, as approved by the Development Services Director,
is required in every SRO living unit facility;
J. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot
and cold running water shall be provided on each floor of the living unit building.
k. TheSRO living unit facility shall provide interior common space at a minimum of four
sq.ft. per unit. An SRO living unit facility must provide at least two hundred sq.ft. in area
of interior common space, excluding janitorial storage, laundry facilities, and common
hallways.
The Planning Commission or Development Services Director shall deny an application for a
SRO living unit facility hereunder where the information submitted by the applicant and/or
presented at the public hearing fails to substantiate that the project will comply with these
criteria.
2. Single Room Occupancy (SRO) residential hotel. An SRO residential hotel may be permitted or
permitted with approval of an administrative permit in indicated districts subject to the following
conditions:
a. . Excluding the closet and the bathroom area, an SRO residential hotel unit shall be at least
seventy sq.ft. in floor area;
b. An SRO residential hotel unit designed to accommodate a maximum of one person shall
not exceed one hundred fifty sq.ft.in floor area, and SRO residential hotel unit designed
to accommodate a maximum of two persons shall be between one hundred fifty and two
hundred nineteen sq.ft. in floor area;
c. An SRO residential hotel unit shall be provided with a kitchen equipped with a kitchen
sink; however, an SRO residential hotel unit may contain partial kitchen facilities so long
as a sink is provided and kitchen facilities are provided on each floor accessible from a
public hallway; all complete and partial kitchen facilities shall be built-in and approved
by the Building Department;
d. An SRO residential hotel unit shall be provided with a bathroom equipped with facilities
consisting of a water closet, lavatory, and either a bathtub or shower; however, an SRO
residential hotel unit may contain partial bathroom facilities if common bath facilities are
provided as follows:
I. Where private water closets, lavatories and baths are not provided, there shall be
provided on each floor, for each sex, at least one water closet and lavatory and
one bath, accessible from a public hallway.
II. Additional water closets, lavatories and baths shall be provided on each floor for
each sex at the rate of one for every additional ten guests or fractional number
thereof in excess of ten.
Ill. Such facilities shall be clearly marked for "men" or "women."
IV. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and
cold running water necessary for its normal operation.
e. Individual SRO residential hotel units may not have separate external entryways;
f. The SRO residential hotel shall have a management plan approved by the Development
Services Director. The management plan shall contain management policies, operations,
rental procedures, and maintenance plans, staffing needs and security procedures. An on-
site, twenty-four hour manager is required in every SRO residential hotel. The rental
procedures must allow for daily, weekly and monthly tenancies and specify deposit
requirements for each type of tenancy. A manager's unit shall be a complete dwelling
unit and so designated on all plans.
g. Laundry facilities shall be provided in a separate room at the ratio of onewasher and one
dryer for every twenty units or fractional number thereof. The laundry facility shall be
located near the interior common s'pace. Washers and dryers shall be coin operated;
h. A closet and separate storage space, as approved by the Development Services Director,
is required in every SRO residential hotel;
J. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot
and cold running water shall be provided on each floor of the SRO residential hotel.
J. The SRO residential hotel shall provide interior common space at a minimum of four (4)
sq.ft. per unit. An SRO residential hotel shall provide at least 200 sq.ft. in area of interior
common space, excluding janitorial storage, laundry facilities, and common hallways.
The Planning Commission or Development Services Director shall deny an application for a
SRO residential hotel hereunder where the information submitted by the applicant
Section 17.10.080 of the Rohnert Park Municipal Code is added to read as follows:
17.10.080 - Reasonable Accommodation
A. Purpose
It is the purpose of this section to provide reasonable accommodations in the City's zoning
and land use regulations, policies, and practices when needed to provide an individual with a
disability an equal opportunity to use and enjoy a dwelling.
This section provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act and the
California Fair Employment and Housing Act (the Acts) in the application of zoning laws
and other land use regulations, policies and procedures.
B. Reasonable Accommodation
A request for reasonable accommodation may be made by any person with a disability, their
representative or any entity, when the application of a zoning law or other land use
regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a
qualifying disability under the Acts. Generally, a person with a disability is a person who has
a physical or mental impairment that limits or substantially limits one or more major live
activities, anyone who is regarded as having such impairment or anyone who has a record of
such impairment. The proceeding definition of a person with a disability and this section are
intended to apply to those persons who are defined as disabled under the Acts as they may be
amended from time to time.
A request for reasonable accommodation may include a modification or exception to the
rules, standards and practices for the siting, development and use of housing or housing-
related facilities that would eliminate regulatory barriers and provide a person with a
disability equal opportunity to housing of their choice. Requests for reasonable
accommodation shall be made in the manner prescribed by Section 17.10.080 (C) (Process).
C. Process
(1) Applicant. A request for a reasonable accommodation may be made by any
person with a disability, his or her representative, or a developer or provider of
housing for individuals with a disability.
(2) Application. An application for a reasonable accommodation shall be made on an
application form provided by the Planning Division. If an individual needs
assistance in making the request for reasonable accommodation, the City will
provide assistance to ensure that the process is accessible.
(3) Review with other land use applications or discretionary permits. If the project for
which the request for reasonable accommodation is made requires another
discretionary permit or approval (including but not limited to; conditional use
permit, design review, general plan amendment, zone change, etc.), the applicant
may file the request for reasonable accommodation together with the application
for the other discretionary permit or approval. The processing procedures of the
discretionary permit shall govern the joint processing of both the reasonable
accommodation and the discretionary perinit.
(4) Required Submittals. An application for a reasonable accommodation shall
include the following:
a. Documentation that the applicant is: (i) a person with a disability; (ii)
applying on behalf of one or more persons with a disability; or (iii) a
developer or provider of housing for one or more persons with a
disability.
b. The name and address of the individual(s) requesting the reasonable
accommodation.
c. The name and address of the property owner(s).
d. The address of the property for which accommodation is requested.
e. The current use of the property.
f. A description of the reasonable accommodation requested by the
applicant and why the reasonable accommodation is necessary to make
the specific property accessible to the individual.
g. Where applicable, documentation that the requested accommodation is
designed and constructed pursuant to Title 24 of the California Code
of Regulations to allow access, circulation and full use of the building
and facilities by persons with disabilities.
(5) The Plaiming Director may request additional information from the applicant if
the application does not provide sufficient information for the City to make the
findings required in Section E.
D. Review Authority.
(1) Development Services Director. Requests for reasonable accommodation shall be
reviewed by the Development Services Director (Director), or his designee if the
request for reasonable accommodation is not filed concurrently with another
discretionary permit or approval.
(2) Other Review Authority. Requests for reasonable accommodation submitted for
concurrent review with another discretionary land use application shall be
reviewed by the authority reviewing the discretionary land use application.
E. Review Procedure.
(1) Director Review. The Director, or his designee, shall make a written
determination within 45 days and either grant, grant with modifications, or deny a
request for reasonable accommodation in accordance with Section 17.10.080 (F)
(Findings and Decision).
(2) Other Reviewing Authority. The written determination on whether to grant or
deny the request for reasonable accommodation shall be made by the authority
responsible for reviewing the discretionary land use application in compliance
with the applicable review procedure for the discretionary review. The written
determination to grant or deny the request for reasonable accommodation shall be
made in accordance with Section 17.10.080 (F) (Findingsand Decision).
F. Findings and Decision.
(1) Findings. The written decision to grant or deny a request for reasonable
accommodation will be consistent with the Acts and shall be based on the
following findings, all of which are required for approval:
a. The housing that is the subject of the request will be used by an
individual with a disability under the Acts.
b. The request for reasonable accommodation is necessary to make
specific housing available to an individual with a disability under the
Acts.
c. The requested reasonable accommodation would not impose an undue
financial or administrative burden on the City as "undue financial or
administrative burden" is defined in the Acts.
d. The requested reasonable accommodation would not result in a
fundamental alteration in the nature of a City program or law,
including but not limited to land use and zoning, as "fundamental
alteration" is defined in the Acts.
e. The requested reasonable accommodation will not, under the specific
facts of the case, result in a direct threat to the health or safety of other
individuals or substantial physical damage to the property of others.
(2) Conditions of Approval. In granting a request for reasonable accommodation, the
reviewing authority may impose any conditions of approval deemed reasonable
and necessary to ensure that the reasonable accommodation would comply with
the findings required by subsection (1) above. In making the findings in
subsection (1) above, the reviewing authority may approve alternative reasonable
accommodations which provide an equivalent level of benefit to the applicant.
G. . Appeal of Determination.
A determination by the reviewing authority to grant or deny a request for reasonable
accommodation may be appealed to the Planning Commission. However, if the reviewing
authority was the Planning Commission, a decision to grant or deny a request for a
reasonable accommodation may be appealed to the City Council.
Subsection A of Section 17.16.030 of the Rohnert Park Municipal Code is amended to read
as follows:
A. Residential uses.
Convalescent Home
Da Care, Residential
Mobile Home Park
Multifamily Residential
1 per 3 patient beds
1 per assistant (driveway acceptable)
1.5 spaces per unit, one of which must be covered
1 space per studio or 1 bedroom unit;
2 spaces per 2 bedroom unit;
2.5 spaces per 3 bedroom unit;
Plus I additional space per bedroom for units :::: 4
bedrooms and I guest arking s ace for every 4 units.
.75 spaces per bedroom unit or occupant, whichever is
greater
I per500 square feet of gross floor area
Off-Campus Student Housing
Residential Care Facility
Senior Housing
I covered space per unit, plus I space per 4 units for guest
parking
2 spaces per unit, one of which must be covered, plus I
space per 4 units for guest parking
2 spaces per unit in a garage
Single-Family Residential (Attached)
Single-Family Residential (Detached)