Loading...
2013/07/09 City Council Ordinance 854ORDINANCE NO. 854 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA AMENDING SPECIFIED SECTIONS OF THE CHAPTER 17.06 (LAND USE REGULATIONS) AND CHAPTER 17.07 (LAND USE FOOTNOTES /SPECIAL PROVISIONS OF THE ZONING ORDINANCE) TO STREAMLINE PERMITTING REQUIREMENTS FOR CERTAIN BUSINESS USES WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No. PL2013 -007Z0 proposing to amend specified sections of the Rohnert Park Municipal Code ( "RPMC ") by amending Chapter 17.06 the Land Use Regulations and Chapter 17.07 Land Use Footnotes /Special Provisions of the City of Rohnert Park Zoning Ordinance; WHEREAS, the proposed amendments to Articles 1 through V of Chapter 17.06 Land Use Regulations and Chapter 17.07 Land use Footnotes /Special Provisions of the Zoning Ordinance would make certain uses that currently require a conditional use permit be permitted uses or uses permitted with an administrative permit, simplifying the approval process for those uses that have been found consistent with neighboring uses in the zoning districts where they are located; WHEREAS, the proposed changes to Articles I through Article V of Chapter 17.06 and Chapter 17.07 Land Use Footnotes /Special Provisions of the Zoning Ordinance are attached hereto as Exhibit A; WHEREAS; regarding California Environmental Quality Act, an Initial Study was prepared for the project and on the basis of substantial evidence in the whole record, there is no substantial evidence that the project will have a significant effect on the environment, therefore a Negative Declaration has been prepared and adopted on June 25, 2013. WHEREAS, on April 25, 2013, the Planning Commission held a public workshop on the proposed amendments to the proposed Land Use Regulations sections of the Zoning Ordinance. WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a public notice was published in the Press Democrat for a minimum of 20 days prior to the first public hearing; and WHEREAS, on May 23, 2013, 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 and forwarded a recommendation to City Council; and WHEREAS, the City Council has reviewed and considered the information contained in the staff report and the Zoning Ordinance Amendment materials. NOW, THEREFORE, 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. PL2013- 007ZC, 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 May 23, 2013 with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. B. A duly noticed public hearing regarding introduction of the Zoning Ordinance amendments was held by the City Council on June 25, 2013 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. C. A duly noticed public hearing regarding adoption of amendments to the Zoning Ordinance was held by the City Council on July 9, 2013 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. SECTION 2. Approval of Zoning Ordinance Amendments The City hereby approves the amendments to specified sections 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. 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 4. 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 adopted by the Council of the City of Rohnert Park on July 9, 2013, by the following roll call vote: AYES: FOUR (4) COUNCILMEMBERS: AHANOTU, BELFORTE, MACKENZIE AND MAYOR STAFFORD NOES: NONE (0) ABSENT: ONE (1) COUNCILMEMBER CALLINAN ABSTAIN: NONE (0) (2) OAK #4812 - 6031 -5655 v400 ATTEST: Anne Buergler, City Clerk fill (3) OAK #4812- 6031 -5655 v400 CITY OF ROHNERT PARK Pam Stafford, Mayor EXHIBIT A Attached (4) OAK #4812 - 6031 -5655 v400 (5) OAK 44812- 6031 -5655 v400 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts Article I. - Residential Zoning Districts 17.06.010 - Purpose. The residential districts are intended to achieve the following purposes: A. Reserve residential areas for a broad range of dwelling types and densities, which meet the diverse economic and social needs of the residents consistent with sound standards of public health and safety. B. Ensure the provision of light, air, privacy, and open space. C. Protect residential neighborhoods from excessive noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. D. Minimize congestion and avoid the overloading of public services and utilities. (Ord. 695 § 3, 2003) 17.06.020 - Districts. A. R -R: Rural Residential. This district is intended for very low- density residential development on large lots of typically forty thousand sq. ft. or more that convey a "rural" or agricultural character. These districts are located at the perimeter of the city and provide a transition from the more urban development to the open space /agricultural areas outside of the city. This district is consistent with the "Estate Residential" general plan designation. B. R -E: Estate Residential. This district is intended for very low- density residential development on large estate size lots of typically seventeen thousand sq. ft. or more. This district also is located at the perimeter of the city to provide a transition from the more urban development to the open space /agricultural areas outside the city. This district is consistent with the "Estate Residential" general plan designation. C. R -L: Residential -Low Density. This district is comprised of four sub - districts: R- L- 5,000, R -L- 6,000, R- L- 8,000, and R -L- 10,000 (Note: numbers represent minimum lot size). These sub - districts are intended to promote the development of single - family detached dwellings in a suburban setting with a variety of minimum lot sizes. This district is consistent with the "Low Density" general plan designation. The floor area ratio for this district is 0.40. D. R -M: Residential- Medium Density. This district is intended for attached and detached single - family housing and duplexes as part of a planned residential development with a minimum lot size of three thousand seven hundred sq. ft. Multi- family housing is not permitted. Side -by -side duplexes not separated by a property line or without individual heating systems are permitted. This district is consistent with the "Medium Density" general plan designation. The floor area ratio for this district is 0.55. E. R -H: Residential -High Density. This district is comprised of two sub - districts: R -H -2,000 and R -H- 1,800 (Note: numbers represent minimum lot area per unit). These subdistricts are intended to permit a wide range of housing types, ranging from single - family attached to multi - family, and are intended for specific areas where higher densities may be appropriate. This district is consistent with the "High Density" general plan designation. The floor area ratio for this district is 1.15. (Ord. 695 § 3, 2003) Rohnert Park, California, Code of Ordinances Page 1 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts 17.06.030 - Permitted uses. The following is a list of land uses and the residential districts within which they are permitted as follows: P = permitted C = conditionally - permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category !R -R /R -E R -L R -M Districts Districts District Affordable Housing Density Bonus (H) Agricultural Uses R -H Districts A • Pasturing and Grazing (small scale) • Other :Bed & Breakfast Inn (D) Community Center Communication Facilities (F) C/A Day Care Center Day Care Home, Family (G) • Small (8 or fewer children) • Large (9 or more children) Rohnert Park, California, Code of Ordinances Page 2 :Equestrian Uses • Stables, Private Stables, Commercial Family Care Home /Community Care Small (6 or less persons) • Large (7 or more persons) Farmworker Housing Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts P Homeless Shelters (M) Small (6 or less persons) P • Large (7 or more persons) Kennel (Commercial and Noncommercial) (0) Manufactured Housing (Q) Mobile Home Park or Subdivision (see Section 17.06.120 C Multi- Family Housing •duplexes - single story • other Private /Public Utility Facility (F) • Minor Z/C ;Z /C lZ /C jZ Rohnert Park, California, Code of Ordinances Page 3 Major Private Schools Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts c C IC • Elementary and Secondary • High School • Vocational /Trade Schools Public Facility- Non -city owned or proposed (see also Public Utility) Public Facility -City owned or proposed (subject to Planning :Commission review on referral from City Council) Rooming or Boarding House • Single Room Occupancy Living Unit Facility (Z) • Fraternity /Sorority Recovery Facility Small (6 or less persons) • Large (7 or more persons) 1 Religious Assembly C C ;Residential Care Facility (Congregate Care /Assisted Living) Small (6 or less persons) Large (7 or more persons) Second Residential Unit (e.g., in -law units) (X) Rohnert Park, California, Code of Ordinances Page 4 Single Family Dwellings • Accessory Uses /Structures Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article I. - Residential Zoning Districts P P P Antenna, Vertical /Satellite Dish (F) Accessory Structure (see Sections17.10.020 and 17.10.060 Home Occupation (L) :Temporary Use /Event (EE, see also DD) • Arts & Crafts Shows /Outdoor • Outdoor Exhibit Religious Assembly Seasonal Lots /Activity (e.g., Christmas trees, pumpkins) Recreation Event Small (e.g., one or two day skateboard demo or remote control car races) Large (Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003) (Ord. No. 844, § 2(Exh. A), 3 -13 -2012) Rohnert Park, California, Code of Ordinances Page 5 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Article 11. - Commercial Zoning Districts 17.06.040 - Purpose. The commercial districts are intended to provide appropriate areas for office uses and retail and service establishments that serve the needs of the city and area communities, as well as for mixed residential /commercial development where appropriate. The districts are designed to provide for the effective integration of commercial areas with adjacent uses, so that impacts related to traffic, noise, illumination and other potential concerns are minimized. The commercial districts are also intended to foster the development of employment - generating uses that will benefit existing and future residents of the city and the surrounding region. (Ord. 790 § 4, 2007: Ord. 695 § 3, 2003) 17.06.050 - Districts. A. C -O: Professional /Administrative Office District. This district allows for the development of administrative, financial, business, professional, medical and public offices. Retail uses within this district are generally limited to those that provide support services to the office uses. This district is consistent with the "Office" general plan designation. The floor area for this district is 1.0. B. C -N: Neighborhood Commercial District. This district is intended to accommodate businesses that provide goods and services to nearby residential neighborhoods, generally within an area of a one - mile radius or less. Typical uses found in this district include limited commercial offices, and retail stores and service establishments that are compatible with, and dependent upon, nearby residential developments. This district is consistent with the "Neighborhood Commercial" general plan designation. The floor area ratio for this district is 0.4. C. C -R: Regional Commercial District. This district allows operations that provide goods and services that serve the community and outlying areas within an eight to twenty mile radius. It is primarily reserved for larger shopping centers and can accommodate "big box" retailers. This district is consistent with the "Regional Commercial" general plan designation. The floor area ratio for this district is 0.4, and 1.5 for hotel and motel projects. (Ord. 695 § 3, 2003) 17.06.060 - Permitted uses. The following is a list of land uses and the commercial districts within which they are permitted as follows: P = permitted C = conditionally - permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically Rohnert Park, California, Code of Ordinances Page 1 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category 'Adult Entertainment (includes adult bookstores) (A) ;Appliance Repair Service * Minor (e.g. computers, televisions) C -O I C -N District District T C -R District C P Amusement Center (e.g. miniature golf, golf driving range, bowling alley, cyber cafe) (B) * Small (e.g., indoors; commercial shopping center) Large (e.g., indoors or outdoors; stand alone facility) Animal Hospital /Veterinary Clinic Antique Store Arcade Games /Cybercafes (B) A Automobile Service Station (C) Bakery (Retail Sales) Bank /Savings & Loan /Credit Union (see Drive - Through Windows) (I) Bar /Nightclub (R) P C Barber /Beauty Shop /Tanning Salon Bath House /Spa P(I) Rohnert Park, California, Code of Ordinances Page 2 Bed and Breakfast Inn (D) Billiards Parlor (R) Broadcasting Studio Car Wash ;Clubs & Lodges Commercial Filming Studio Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts C C Communication Facility (F) Convention Center Cultural Institution (e.g. museums) Day Care Center (Non - Residential) Drive- Through Window (any use) (I) C/A IC /A Drive- Through Window (pharmacy) (I) Dry Cleaning Outlet Firearm Dealers and Firearm Ammunition Dealers (J) Florist Food Store * Convenience Store * Supermarket Funeral Parlor /Mortuary P Rohnert Park, California, Code of Ordinances Page 3 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Furniture Store * Small /Custom Order P Large Hardware Store Health Club Home Improvement Store Homeless Shelter (M) SmalI (6 or less persons) * Large (7 or more persons) Hospital Hotel /Motel (No in -room food preparation unless applied for and approved as part of project approval or separately.) Interior Decorator Kennel (Commercial) (0) Laboratory In conjunction with a medical, dental or optical use As a primary use Laundromat Liquor Store (Off -Sale) (R) Rohnert Park, California, Code of Ordinances Page 4 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Live Entertainment Live /Work (P) Massage Therapy (see Chapter 9.80 Medical Clinic Microbrewery with restaurant Nursery (Horticulture) Office * Professional and Administrative * Medical and Dental Paint Store Parking Lot (Commercial) Pawn Shop P C C A Pharmacy (see Drive - Through Window) (I) (Does not include a Medical Marijuana Dispensary, which is a prohibited use within the City.) Photography Studio Printing & Blueprinting * Small Copy Center Print Shop Private /Public Utility Facility (F) P(I) Rohnert Park, California, Code of Ordinances Page 5 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Minor 1Z /C z Major Public Assembly A Public Facility- Non -city owned or proposed (see also Public Utility) Public Facility -City owned or proposed (subject to Planning Commission review on referral from City Council) Recovery Facility Small (6 or less persons) IA Large (7 or more persons) •Recycling Facility (V) Reverse Vending Machines * Small Collection Facility Religious Assembly C Research and Development (Office Type Uses) Residential Care Facility Congregate Care /Assisted Living Convalescent Hospital * Senior Housing (Independent Living) Residential uses as a part of a mixed use project when located in the :same building as a nonresidential use. Rohnert Park, California, Code of Ordinances Page 6 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts r !Restaurant * General . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * Fast Food (see also Drive - Through Window -9) * Outdoor & Sidewalk Cafe (S) *� Take Out /Delivery * With Bar & Live Entertainment (R) Retail, General and Specialty * Department or Big Box Retail Retail Warehouse Store (e.g., big box) School * Elementary or Secondary High School Trade School College Sign Shop P P P(I) P * Small (e.g., typically located in a small office /retail space) * Large Single Room Occupancy Living Unit Facility (Z) Single Room Occupancy Residential Hotel (Z) P Rohnert Park, California, Code of Ordinances Page 7 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Studio (e.g. Dance, Martial Arts) Tailor !Tattoo /Piercing Studio Telecom Center Temporary Use /Event (EE, see also DD) • Arts & Crafts Show • Circus /Carnival • Flea Market /Swap Meet A • Live Entertainment • Outdoor Exhibit ....................................................... ............................... • Recreation Event • Religious Assembly • Retail Sales • Seasonal Lot /Activity (e.g. Christmas trees, pumpkins) T A A A IA A T A IA T T T C P • Trade Fair Theater Thrift Shop ............................................. ............................... Transit Facility Upholstery Shop Rohnert Park, California, Code of Ordinances Page 8 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article II. - Commercial Zoning Districts Vehicular Dealerships /Rentals (incl. boats, RVs & Farm & Construction Equipment (FF) Vehicular Repair, (including boats) (GG) C (Ord. 790 § 5, 2007; Ord, 781 § 5, 2007; Ord. 751 § 2 (part), 2005; Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003) (Ord. No. 813, § 48, 4 -28 -2009; Ord. No. 844, § 2(Exh. A), 3 -13 -2012) 17.06.070 - Miscellaneous provisions. A. In any commercial district, all operations shall be conducted entirely within a completely enclosed structure, except for off- street parking and loading areas, exhibits of goods sold or manufactured on the premises, automobile service stations, outdoor dining areas, nurseries and garden shops, temporary uses /events, utility substations, and equipment installations. B. In the C -N district all products produced on the site of any of the permitted uses shall be sold primarily as retail on the site where produced. C. In the C -N district any retail and /or entertainment commercial uses that are within five hundred feet of any residential district, measured from the property lines, whose hours of operation are before 6:00 a.m. and /or after 10:00 p.m. must obtain a conditional use permit. (Ord. 695 § 3, 2003) Rohnert Park, California, Code of Ordinances Page 9 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Article III - Inclustrial Zoning Districts 17.06.080 - Purpose. The industrial district is intended to provide appropriate areas for businesses that manufacture, process, assemble, repair, or otherwise create and maintain goods, merchandise and equipment. The district is designed to provide for the effective integration of industrial areas with adjacent uses, so that impacts related to traffic, noise, illumination, smoke, hazardous materials and other potential concerns are minimized. The industrial district is also intended to foster the development of an industrial base that will benefit existing and future residents of the city and the surrounding region. (Ord. 695 § 3, 2003) 17.06.090 - Districts. I -L: Limited Industrial District. This district allows for campus -like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, warehousing, storage and distribution, and service commercial type use. Retail activities are generally limited to those that support the industrial type uses. This district is consistent with the "Industrial" general plan designation. The floor area ration for this district is 0.5, or 1.0 for projects that meet specific criteria specified in the city's design guidelines. (Ord. 695 § 3, 2003) 17.06.100 - Permitted uses. The following is a list of land uses and the Limited Industrial district within which they are permitted as follows: P = permitted C = conditionally - permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category IL District Rohnert Park, California, Code of Ordinances Page 1 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Agricultural Processing (includes viticulture) Agricultural Services Aircraft Related Industry Animal Hospital /Veterinary Clinic Ambulance Service Appliance Repair Service `Auto Parts Sales & Installation Automobile Service Station (C) Beverage Bottling Plant P Boat, RV, and Outdoor Storage Facility (S}(E) .Boat Building Brewery/Distillery /Winery (R) Broadcasting Studio Car Wash Clubs & Lodges Commercial Filming Studio Communication Facility (F) Contractors' Storage Yard Convention Center P IC /A Rohnert Park, California, Code of Ordinances Page 2 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Cooperage 'Cultural Institution (e.g. museums) Dairy Products Processing Day Care Center (Non - Residential) Dry Cleaning Plant Exterminator Food Processor Fuel Storage Funeral Parlor /Mortuary P co) Health Club =P(I) Household Hazardous Waste Facility Household Services /Contractors (e.g. plumbing, painting, electrical, interior decorating) Kennel (Commercial) (0) Laundries /Linen Supply Service Light Manufacturing and /or Assembly (Laboratory requirements to Biosafety Levels 1 and 2) Lumber Yard Massage Therapy (see Chapter 9.80 Medical Laboratory Microbrewery Rohnert Park, California, Code of Ordinances Page 3 • with restaurant • without restaurant Nursery (Horticulture) Office Parking Lot (Commercial) Parcel Delivery Service Personal Services • As a Principal Use Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts C sP A • • As an Incidental Use Photographic Plant Printing & Blueprinting Private /Public Utility Facility (F) • Minor • Major Public Assembly P P 'Public Facility— Non -City owned or proposed (see also Public Utility) Public Facility -City owned or proposed (subject to Planning Commission review on referral 1P from City Council) Publishing Rohnert Park, California, Code of Ordinances 1 Page 4 Recycling Facility (V) • Reverse Vending Machines • Small Collection Facility • Large Collection Facility • Light Processing Facility Religious Assembly Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Research and Developme nt (Laboratory requirements to Biosafety Levels 1 and 2 only) Restaurant (I) • • As an Incidental Use :Retail Use • As an Incidental Use Retail Warehouse School • Trade School • High School (Security Guard Residence -Self- Storage Facility (Y) .Sign Shop Stone Works Rohnert Park, California, Code of Ordinances jP Page 5 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Studio (e.g. Dance, Martial Arts) Taxidermist Telecom Center :Temporary Use /Event (EE, see also DD) • Arts & Crafts Show • Circus /Carnival • Flea Market /Swap Meet • Live Entertainment • • • Outdoor Exhibit A • Recreational Event • Religious Assembly • Retail Sales • Seasonal Lot /Activity (e.g. Christmas trees, pumpkins) • Trade Fair Towing Service /Impound Yard :Trucking Terminal (including moving & storage) Upholstery Shop Vehicle Storage Yard Vehicular Dealerships /Rentals (incl. boats, farm & construction equip.) (FF) Rohnert Park, California, Code of Ordinances IA IA Page 6 Vehicle Repair /Body Shops (GG) Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article III - Industrial Zoning Districts Warehousing /Wholesaling (Ord. 751 § 2 (part), 2005; Ord. 739 § 2 (part), 2.005; Ord. 695 § 3, 2003) Rohnert Park, California, Code of Ordinances Page 7 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article IV. - Mixed -Use Zoning Districts Article IV. - Mixed -Use Zonh g Districts 17.06.110 - Purpose. The Mixed Use District encourages the siting of compatible businesses, stores, institutions, service organizations, and residences in dose proximity to one another so as to create self- sufficient neighborhoods within the city. The district promotes such neighborhood development in order to minimize reliance on the automobile, resulting in a reduction in vehicle miles traveled and traffic congestion. The Mixed Use District is intended to create pedestrian- oriented environments that provide access to residents' basic everyday requirements, foster an active street life, enhance the vitality of local businesses, and provide employment opportunities close to home for residents of the city. The preferred pattern of development will be ground floor commercial uses, with residential and /or office uses located on the upper floor(s). Special urban design amenities (pedestrian facilities, landscaping, public spaces, etc.) would be included in the district to create recognizable, pedestrian friendly activity centers. On -site parking would be provided for residential uses and parking for businesses would generally be on- street and in parking garages or off -site parking lots. Convenient vehicular and pedestrian /bicycle access from surrounding neighborhoods and transit service would also be components of this district. (Ord. 695 § 3, 2003) 17.06.120 - District. M -U: Mixed Use District. This district allows for the development of integrated centers that combine a supportive mix of land uses, either within the same building or in clusters of buildings. This district is consistent with the "Mixed Use general plan designation. The floor area ratio for this district is 1.5 for non - residential projects, and 2.0 for mixed residential /non - residential projects. (Ord. 695 § 3, 2003) 17.06.130 - Permitted uses. The following is a list of land uses and the Mixed Use District within which they are permitted as follows: P = permitted C = conditionally - permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Rohnert Park, California, Code of Ordinances Page 1 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article IV. - Mixed -Use Zoning Districts Land Use Category Amusement Center (e.g. video games, other indoor amusements) :Animal Hospital /Veterinary Clinic `Antique Store `Bakery (Retail Sales) Bank /Savings & Loan /Credit Union (drive- through windows not permitted) Bar /Nightclub (R) Barber /Beauty Shop Bath House /Spa Bed & Breakfast Inns (D) Billiards Parlor (R) !Clubs & Lodges M -U District P :Communication Facility (F) Cultural Institutions (e.g. museums) Day Care Center (Non - Residential) Dry Cleaning Outlet Florist Food Store Rohnert Park, California, Code of Ordinances Page 2 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article IV. - Mixed -Use Zoning Districts Under 15,000 square feet * Between 15,000 sq. ft. and 40,000 sq. ft. Hardware Store Health Club Hotel (100 rooms or less) (No food preparation unless applied for and approved as part of project approval or separately.) Interior Decorator Laboratory In conjunction with a medical, dental or optical use Laundromat Liquor Store (Off -Sale) (R) Live Entertainment (R) Massage Therapy (see Chapter 9.80 Medical Clinic }Microbrewery (with restaurant) Office * Professional and Administrative * Medical and Dental Parking Lot (Commercial) C P P C P P Rohnert Park, California, Code of Ordinances Page 3 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article IV. - Mixed -Use Zoning Districts Pharmacy (drive- through windows not permitted) (Does not include a Medical Marijuana Dispensary, which is a prohibited use within the City.) Photography Studio Printing * Small Copy Center Public Assembly Public Facility (e.g. police and fire stations, community centers, government offices) Religious Assembly Homeless shelter (6 or less persons) Residential Facility Congregate Care /Assisted Living Convalescent Hospital C P Single Room Occupancy Living Unit Facility (Z) * Single Room Occupancy Residential Hotel (Z) * Senior Housing (Independent Living) Residential Use Live /Work (16) '* Multi - Family P P Rohnert Park, California, Code of Ordinances Page 4 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Restaurant General Outdoor & Sidewalk Cafe (19) Article IV. - Mixed -Use Zoning Districts P Take Out /Delivery (drive- through windows not permitted) With Bar & Live Entertainment (18) !C 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 T Rohnert Park, California, Code of Ordinances Page 5 Title 17 ZONING Chapter 17.06 LAND USE REGULATIONS Article IV. - Mixed-Use Zoning Districts | 1* Outdoor Exhibit |T I* Recreational Event I* Religious Assembly |* Retail Sales * Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) T T * Trade |T - ' :Theater (under 500 seats) Transit Facility (e.g. bus or train station) Visitor Center (Ord. 781 §0.2O07; Ord. 695 § 3, 2003) (Ord. No. 844, § 2(Exh. A), 3-13-2012) p Rohnert Park, California, Code of Ordinances Page 6 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article V. - Public /Institutional Zoning Districts Article V. - Public /Institu.tionarl Zoning Districts 17.06.140 - Purpose. The public /institutional district is intended to provide sites for public uses, such as government centers and educational facilities. This district also allows for public and private facilities that are necessary to the functioning of the city, such as water and wastewater treatment plants, well sites, and other infrastructure. (Ord. 695 § 3, 2003) 17.06.150 - District. PI: Public /Institutional District. This district allows for schools, government offices, transit sites, religious facilities, and other land uses that have a unique public character, as well as Sonoma State University. Public infrastructure facilities are also permitted in this district. This district is consistent with the "Public /Institutional" general plan designation. (Ord. 695 § 3, 2003) 17.06.160 - Permitted uses. The following is a list of land uses and the Public /Institutional district within which they are permitted as follows: P = permitted C = conditionally - permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category Arboretum 'Clubs & Lodges Rohnert Park, California, Code of Ordinances Page 1 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article V. - Public /Institutional Zoning Districts (Cemetery, Crematory, Columbarium Communication Facility (F) :Cultural Institution (e.g. museums, libraries) Day Care Center (Non - Residential) :Golf Course Homeless Shelter (M) Hospital :Medical Clinic Parking Lot (Commercial) :Parks 'Private/Public Utility Facility (F) • Minor • Major Public Assembly 'Public Facility- Non -city owned or proposed (see also Public Utility) P :Public Facility -City owned or proposed (subject to Planning Commission review on referral (C from City Council) :Recreational Facility (e.g. public swimming pool, sports center) Religious Assembly Rohnert Park, California, Code of Ordinances Page 2 Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article V. - Public /Institutional Zoning Districts Residential Use on a site of Religious Assembly (see also Homeless Shelter) € C(I) School • Elementary and Secondary • High School • Vocational /Trade Schools • Colleges Temporary Use /Event (EE, see also DD) • Arts & Crafts Show • Circus /Carnival • Flea Market /Swap Meet • Live Entertainment • Outdoor Exhibit • Recreational Event • Religious Assembly • Seasonal Lot (e.g. Christmas trees, pumpkins) • Trade Fair Theater Transit Facility (e.g. bus or train station) Visitor Center P IT T T 1 Rohnert Park, California, Code of Ordinances Page 3 (Ord. 695 § 3 2003) Title 17 - ZONING Chapter 17.06 - LAND USE REGULATIONS Article V. - Public /Institutional Zoning Districts Rohnert Park, California, Code of Ordinances Page 4 F. COMMUNICATION FACILITIES. 1. 2. Purpose and intent. The purpose and intent of this section is to establish development standards to regulate the placement and design of communication facilities so as to preserve the unique visual character of the city; to establish development standards which are consistent with federal law related to the development of communication facilities; to acknowledge the community benefit associated with the provision of communication services within the city; and to provide incentives for well designed and well placed facilities. Definitions. For the purposes of this section, the following words, phrases, and terms shall have the meanings set forth herein. Words not defined shall be given their common and ordinary meaning. "Antenna" means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals. "Collocation" means the location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures. "Communication facility" means an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and /or transmits electromagnetic waves, light waves, radio frequencies or other types of signals. "Equipment cabinet" means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility. "Monopole" means a single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility. "Multipoint distribution service" means a microwave communication service that delivers video programming, data and /or voice communication directly to subscribers, including multichannel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission. "Service provider" means any authorized provider of communication services. "Tower" means any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade. Applicability. This section shall apply to all proposed communication facilities, except as provided for in subsection D below. A conditional use permit is required for the following uses: a. A communications facility that does not meet the applicable site development criteria, general development standards, and operation and maintenance standards outlined in subsections E, and G below. b. A tower in a non - residential and non - mixed -use zoning district over thirty -five feet in height; provided, however, that a tower of any height shall be prohibited in all residential and mixed -use zoning districts, except as set forth in Section 17.08.040D below; c. A communications facility, with a backup generator, located in a commercial or residential zoning district and a communication facility, in any zoning district, with an ancillary fuel storage tank(s) to support the backup power supply. d. A communications facility or tower that would not otherwise be permitted by this chapter but that is necessary for the adequate development of facilities to serve all areas within the city, to promote competition and achieve open access if the planning commission can make the findings set forth in Chapter 17.25, Article I. All proposed communication facilities that require a conditional use permit shall also require environmental review in accordance with the California Environmental Quality Act. 4. Exemptions. A conditional use permit shall not be required for communication facilities meeting the follow criteria: a. b. Antennas that are installed, placed, or maintained under the roof, or do not extend above the roof, or are behind and below an approved roof screen and do not protrude above the highest point of the building or are camouflaged in such a way as to not be visible from a public right -of -way or other property. However, staff approval from the planning department shall be required to ensure that such antennas comply with the standards set forth in this subsection. Historically significant buildings and structures listed on the National Register of Historic Places or the California Register, identified as an historic structure in a local historic survey or registry or as determined by a qualified architectural historian as having significant historic contribution to the area shall not be exempt. The following communication facilities also shall not require a conditional use permit provided that the antenna is mounted on a mast less than twelve feet high, is not located on an historic building, and is not readily visible from a public right -of -way: (1) (2) (3) (4) Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission. Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed for subscribing to a multipoint distribution service. c. Any antenna that is designed and used solely to receive television broadcast transmission. Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission) provided there is no more than one structure on a single parcel and that the antenna structure does not exceed maximum building height limits of the zoning district. d. Any modification to the antennas located on an antenna structure that does not increase the height of the structure shall be subject to Administrative Review. Site development criteria. The following development standards shall apply to the development of all new communication facilities within the city of Rohnert Park: a. Spacing and collocation. (1) New communication facilities shall be collocated with existing facilities and with other planned new facilities whenever feasible and aesthetically desirable. In addition, where feasible and aesthetically desirable, service providers are encouraged to collocate with other facilities such as water tanks, light standards, and other utility structures where the collocation, is found to minimize the overall visual impact. Service providers shall exhaust all reasonable measures to co- locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities prior to applying for new communication facility sites. The service provider shall provide evidence that the provider has contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and has offered to participate in a joint installation project on reasonable terms. In order to facilitate collocation, conditions of approval for conditional use permits for new facilities shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable. (2) (3) Height. (1) (2) (3) (4) A minimum distance of one thousand feet shall be provided between towers. There shall be a maximum of two towers per assessor's parcel or developed site. A service provider shall not locate more than one antenna in any one neighborhood unless the planning commission approves additional antennas. All ground mounted communication equipment, antennas, poles or towers shall be of a minimum functional, height. The height of a tower located on the ground shall not exceed thirty -five feet. However, if a tower is located in a district with a height limit greater than thirty -five feet, then the tower may exceed thirty -five feet if a conditional use permit is first approved by the planning commission. A tower, however, shall not exceed sixty -five feet when located adjacent to residentially zoned properties and shall be setback at a ratio of two horizontal feet for every one -foot in height and shall not be readily visible to the nearest residentially zoned property. Under no circumstances shall a tower be higher than seventy - five feet. If it is determined that a tower requires hazard lights to meet the safety requirements of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the California Highway Patrol (CHP), then the tower shall be deemed too high. The height of a Communications Facility located on a building shall not exceed fifteen feet above the maximum height limit for that district. Antennas mounted on the side of a building shall not extend above the building parapet. Colors and materials. All antennas, poles, towers or equipment, including ancillary support equipment, shall have a non - reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color. All ground- mounted equipment shall be covered with a clear anti - graffiti type material of a type approved by the planning director or shall be adequately secured to prevent graffiti. Screening. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation, to the extent feasible. Ground mounted facilities are encouraged to be located within buildings, underground, or in areas where substantial screening by existing buildings or vegetation can be achieved. Additional new vegetation or other screening may be required by the planning director or by the planning commission if a conditional use permit is required. The applicant shall use the smallest and least visible antennas possible to accomplish the owner /operator's coverage objectives. (See also subsection e Siting, below.) Siting. (1) (2) (3) (4) Communication facilities located on the roof of a building of legally conforming height shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of ten feet, whichever is greater. Towers and antennas shall be setback at a ratio of two horizontal feet for every one foot in height and shall not be readily visible to the nearest residentially zoned property. Towers and antennas shall be set back from any site boundary or public right -of -way by a minimum of twenty -five feet. No part of any tower shall extend into any required front yard or beyond the property lines of the development site. In order of preference, ancillary support equipment for a communication facility shall be located either within a building, underground, in a rear yard or on a screened roof top area. Ground mounted facilities that are located within the front or side yard or public right -of -way shall be located so as f. g. to be screened by landscaping, in close proximity to existing above ground utilities (such as electrical tower or utility poles), light poles, trees of comparable height, water tanks, and other areas where the ground mounted facility will not detract from the image or appearance of the city. (See also subsection d, Screening, above.) Power lines. All power lines to and within a communications site shall be underground. Backup Power Supplies. All backup power supplies (e.g., generators) located in an industrial zoning district shall be enclosed within an equipment enclosure and operated in accordance with this section. Backup power supplies for communication facilities located in commercial or residential zoning districts shall require the approval of a conditional use permit by the planning commission. In any zoning district, ancillary fuel storage tank(s) to support backup power supplies shall require approval of a conditional use permit by the planning commission. General development standards. a. b. c. d. Each facility shall comply with any and all applicable provisions of the Rohnert Park Municipal Code and any state or federal agency including, but not limited to, the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and /or radio frequency radiation. Interference with city communication systems is prohibited. All proposed facility applications shall include reports, as required by the Department of Public Safety, to evaluate for potential interference (e.g., HF, UHF, VHF, eight hundred mHz). The applicant shall be responsible for any costs incurred by the city, including the costs of retaining consultants, to review and analyze the reports. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. Applicant shall notify city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following: (1) (2) (3) Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility; Name, address and telephone number of a local contact person for emergencies; and Type of service provided. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites. As part of project review, the planning commission, the city council (on appeals), or staff may require additional screening and /or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size or relationship to public right -of -ways. Discontinuation of use. All equipment associated with a communication facility shall be removed within thirty days of the discontinuation of the use and the site shall be restored to its original pre- construction condition. In addition, the service provider shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation. For facilities to be located on public property, this removal requirement, and appropriate bonding requirement, shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease. A communication facility shall not adversely affect the public health, peace, safety or welfare. h. For service providers, who plan to establish multiple wireless communication facilities within the city, the service provider is encouraged to apply for approval of all facilities under a master use permit application. Under this approach, all proposed facilities may be acted upon by the city as a single application. In the event that the planning director or planning commission needs assistance in understanding the technical aspects of a particular proposal, services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be at the applicants expense. Operations and maintenance standards. a. b. c. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instances more than forty -eight hours from the time of notification by the city. Each communication facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times in accordance with the approved landscape plan, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the planning director. Each communication facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10 p.m. and 7 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of sixty dB at the property line. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section. Chapter 17.04 - DEFINITIONS „wu> Sections: 17.04.010 - Purpose. purpose of this chapter is to ensure precision and consistency in interpretation of this title. The meaning and construction of words and phrases defined in this chapter applies throughout this title, except where the context of such words or phrases clearly indicates a different meaning or construction. Refer to Title 24, California Building Standards Code, Parts II, III, IV, and V, and any ordinance of the city of Rohnert Park's Municipal Code, Title 15, for more complete definitions. If any of these definitions are in conflict with the provisions of Title 24 of the State of California Building Code, then the provisions of Title 24 shall govern. (Ord. 695 § 3, 2003) 17.04.020 - Rules for construction of language. The following rules of construction shall apply: A. B. C. D. E. The specific shall control the general. The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary. In the case of difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. 2. 3. "And" indicates that all connected items or provisions shall apply. "Or" indicates that all connected items or provisions may apply singly or in any combination. ' Either...or" indicates that the connected items or provisions shall apply singly but not in combination. F. The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized. G. All references to departments, commissions, boards or other public agencies pertain to those of the city of Rohnert Park, unless otherwise indicated. H. All references to public officials pertain to those of the city of Rohnert Park and include designated deputies of such officials, unless otherwise indicated. All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day. J. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Ord. 695 § 3, 2003) 17.04.030 - Definitions of words and terms. Where terms, phrases and words are not defined below, they shall have their ordinary accepted meanings within the context which they are used. Random House Webster's College Dictionary, copyright 2000 by Random House Inc. shall be considered as providing ordinarily accepted meanings. "Telecom Center" means facilities made to house equipment instead of people.