2016/02/25 Planning Commission Resolution (4)PLANNING COMMISSION RESOLUTION NO. 2016-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
ZONING ORDINANCE AND MAP AMENDMENTS FOR THE CENTRAL ROHNERT
PARK, PRIORITY DEVELOPMENT AREA PLAN LOCATED SOUTH OF GOLF
COURSE DRIVE, WEST OF THE SMART RAILROAD TRACKS, EAST OF
HIGHWAY 101 AND NORTH OF AVRAM DRIVE /SANTA ALICIA DRIVE
WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No.
PLRZ2016-0001 proposing to amend the Zoning Map and the Rohnert Park Municipal Code
("RPMC") by amending Chapter 17.06 (Land Use Regulations), Chapter 17.07 (Land Use
Footnotes/Special Provisions), and Chapter 17.10 (Development Standards) of the City of
Rohnert Park Zoning Ordinance; and
WHEREAS, the proposed map amendments and amendments to Chapter 17.06 (Land
Use Regulations), Chapter 17.07 (Land Use Footnotes/Special Provisions), and Chapter 17.10
(Development Standards) would help implement the Central Rohnert Park, Priority Development
Area Plan; and
WHEREAS, the proposed zoning map changes are attached hereto as Exhibit A and the
proposed amendments to Chapter 17.06, Chapter 17.07 and Chapter 17.10 are attached hereto as
Exhibit B; and
WHEREAS, the Planning Commission reviewed the EIR prepared for the Plan;
recommended its approval by the City Council; and has otherwise carried out all requirements
for the Plan pursuant to CEQA; and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice; and
WHEREAS, on February 25, 2016, the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support or opposition to the
proposal: and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the Zoning Map and Municipal Code Amendment application for the proposal;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed map and municipal code amendments;
Section 1. The above recitations are true and correct.
Section 2. The Planning Commission recommends City Council approval of the
Final EIR for this Plan, as described in Planning Commission Resolution No. 2016-04 approved
on February 25, 2016 concurrently with the Planning Commission's approval of this Resolution.
Section 3. Findings for Enactment of Amendments to Zoning Map and Zoning
Ordinance. The Planning Commission hereby makes the following findings concerning
amendments to the Zoning Map and Chapters 17.06 (Land Use Regulations), 17.07 (Land Use
Footnotes/Special Provisions) and 17.10 (Development Standards) of the Zoning Ordinance:
1. That the proposed amendments to the Zoning Map and Zoning Ordinance are
consistent with the General Plan 2020.
Criteria Satisfied. The proposed amendments are consistent with General Plan 2020
as amended by Resolution 2016-06, which will be adopted prior along with these
proposed amendments. The general plan amendments amend general plan land use
diagrams which are consistent with the proposed zoning map changes and with the
Central Rohnert Park, Priority Development Area plan. The general plan
amendments also add goals and policies to General Plan 2020 which are supportive of
the zoning ordinance text amendments, these include:
1. Adding a Downtown District Amenity Zone (DDAZ) to create new
development standards within the designated DDAZ boundary.
2. Adding a Station Center Planned Development (SCPD) to rezone the State
Farm site from its previous "Office" designation and allow for a mix of land
use appropriate adjacent to the new SMART train platform.
3. Rezoning certain "Mixed -Use" designations on the zoning map to
"Downtown Mixed -Use" and amending the zoning ordinance to encourage
more commercial development within a walkable downtown environment.
4. Rezoning certain "High Density Residential" designations on the zoning map
to "Downtown High Density Residential" to allow for up to 30 dwelling units
per acre and amending the zoning text accordingly.
5. Amending the 17.06 to add development standards for the new Regional
Commercial Overlay, DDAZ and SCPD zone.
6. Amending 17.07 (Land Use Footnotes/Special Provisions) to require
standards for residential development within the Downtown Mixed Use
designation.
7. Amending 17.10 (Development Standards) to add standards for the DTR -H
and DRM-U zoning districts.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments will implement the vision for a
walkable, mixed-use downtown area established by Central Rohnert Park, Priority
Development Area plan and will be beneficial to the public health, safety and welfare
by creating more development activity, living and shopping opportunities in the
central part of Rohnert Park. An EIR was complement to demonstrate that the plan
will have minimal negative impacts to the public health, safety or welfare.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt Findings stated hereinabove and adopt an
ordinance amending the zoning map and the RPMC to amend Chapter 17.06 (Land Use
Regulations), Chapter 17.07 (Land Use Footnotes/Special Provisions) and Chapter 17.10
(Development Standards) of the Zoning Ordinance, in the form provided in Exhibit A and
Exhibit B.
DULY AND REGULARLY ADOPTED on this 25th day of February, 2016 by the City
of Rohnert Park Planning Commission by the following vote:
AYES: � NOES: ",Z— ABSENT: 0 ABSTAIN: 0
ADAMS BLA Q BORBA _ GIUDICE HAYDON / Y
V
John Bor a, airpe o i,,Rohnert Park Planning Commission
V
Attest: Qw7"
usan A edo, Recording Secretary
Exhibit A
Amendments to Zoning Map
strict
I (DDAZ)
Exhibit B (part 1 of 3)
Chapter 17.06 - LAND USE REGULATIONS
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)
(Ord. No. 854, § 2(Exh. A), 7-9-2013)
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
Page 1
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)
F. DTR -H: Downtown Residential -High Density. This district is located within the Central Rohnert Park
PDA planning area as identified in the general plan and is intended to allow for residential
development proximate to the downtown area. This district is consistent with the "High Density"
general plan designation.
(Ord. No. 854, § 2(Exh. A), 7-9-2013)
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
Affordable Housing Density Bonus (H)
Agricultural Uses
• Pasturing and Grazing (small scale)
• Other
Bed & Breakfast Inn (D)
Community Center
R-R/R-E
DiStFoGtS
R -L
D tF*Gt
R -M
DmstFmGt
R -H
D*stF;Gts
DTR -H
A
A
A
A
A
0
C
C
C C
C C
C
C C
Page 2
Communication Facilities
Day Care Center
Day Care Home, Family (c
• Small (8 or fewer childr
• Large (9 or more childr
Equestrian Uses
• Stables, Private
• Stables, Commercial
Family Care Home/Communit,
• Small (6 or less person
• Large (7 or more persol
Farmworker Housing
Homeless Shelters (M)
• Small (6 or less person.
• Large (7 or more persor
Kennel (Commercial and Noncomrr
Manufactured Housing (0
Mobile Home Park or Subdivi
(see Section 17.06.120)
Multi -Family Housing
F)
C/A
C/A
C/A
C/A
C/A
C
C
C
C
C
i)
'n)
'n)
P
C
P
C
P
C
P
C
P
C
P
C
r Care
P
P
P
P
�)
P
P
is)
C
P
—I
C
P
�)
P
P
P
P
P
S)
P
P
ercial) (0)
C
Sion
Z
Z
Z
C
Z
C
Z
C
Page 3
• duplexes -single story
■ other
Private/Public Utility Facility (F)
• Minor
• Major
P
P
P
P
Z/C
Z/C
Z/C
Z/C
Z/C
C
C
C
C
C
Private Schools
• Elementary and Secondary
• High School
C
C
C
C
C
C
C
CC
C
C
• Vocational/Trade Schools C
Public Facility -Non -city owned or proposed
C
(see also Public Utility)
Public Facility -City owned or proposed (subject
to Planning Commission review on referral P
from City Council)
Rooming or Boarding House
• Single Room Occupancy Living Unit Facility
(Z) A
f
• Fraternity/Sorority
Recovery Facility
• Small (6 or less persons) P
• Large (7 or more persons)
Religious Assembly C �I
C
C
C
P
P
P
P
A
C
P
P
P
P
C
C
C
C
C
C
Page 4
Residential Care Facility (Congr
Care/Assisted Living)
• Small (6 or less persons
• Large (7 or more person
Second Residential Unit (e.g., in-law
Single Family Dwellings
• Accessory Uses/Structur,
• Antenna, Vertical/Satellite D
• Accessory Structure (see Sections
and 17.10.060)
• Home Occupation (L)
Temporary Use/Event (EE, see a[
• Arts & Crafts Shows/Outd(
• Outdoor Exhibit
• Religious Assembly
• Seasonal Lots/Activity (e.g., Ch
trees, pumpkins)
• Recreation Event
Small (e.g., one or two day skateboar
remote control car races)
Large
agate
P
P P - P
�.P -
s)
C
C C C
1 i
C
units) (X)
Z
Z
I Z
I Z
I Z
P
P
P
C
�s
sh (F)
P/C
P/C
P/C
P/C
P/C
17.10.020
P
Z
P
Z
P
Z
Pr—
Z
1
P
Z
;o DD)
)or
T
T
T
T
T
T
T
T
T
T
C
C I
C
C
C
istmas
T
T
T
T
T
I demo or
T
T
T
T
T
I
T-
T
T
T —I
T
Page 5
(Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003)
(Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013)
Article II. - Commercial Zoning Districts [No proposed changes to sections 17.06.040 through 17.06.070]
Article III. - Industrial Zoning Districts [No proposed changes to sections 17.06.080 through 17.06.100]
Article IV. - Mixed -Use Zoning Districts
17.06.110 - Purpose.
The Mixed Use District and the Downtown Mixed Use District encourage-, the siting of compatible
businesses, stores, institutions, service organizations, and residences in close 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. These districtsMixed Use r-ic" are 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)
(Ord. No. 854, § 2(Exh. A), 7-9-2013)
17.06.120 — District Descriptions.
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/Pere-residential projects. (Ord. 695 § 3,
2003)
DTM-U: Downtown 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 "Downtown 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/residential
projects. Non-residential development is required within this designation and residential development is
only permitted as part of a mixed use project.
(Ord. No. 854, § 2(Exh. A), 7-9-2013)
17.06.130 - Permitted uses.
Page 6
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.
Land Use Category M -U District � DTM-U District
Amusement ement Center (e.g. video games, other indoor amusements)
C I C
Animal Hospital/Veterinary Clinic I A I A
Antique Store
Bakery (Retail Sales)
Bank/Savings & Loan/Credit Union (drive-through wii
permitted)
Bar/Nightclub (R)
Barber/Beauty Shop
Bath House/Spa
Bed & Breakfast Inns (D)
Billiards Parlor (R)
Clubs & Lodges
Page 7
Communication Facility (F)
C/A
C
Cultural Institutions (e.g. museums)
A
A
Day Care Center (Non -Residential)
C
C
Dry Cleaning Outlet
P
P
Florist
P
P
Food Store
* Under 15,000 square feet
P
P
* Between 15,000 sq. ft. and 40,000 sq. ft.
C
C
Hardware Store
P
P
Health Club
P
P
Hotel (199-FG9FAS F'e_ ` (No food preparation unless applied for
C
C
and approved as part of project approval or separately.)
Interior Decorator
P
P
Laboratory
* In conjunction with a medical, dental or optical use only
P(I)
P(1)
Laundromat
P
N
Liquor Store (Off -Sale) (R)
C
C
Live Entertainment (R)
C
C
Massage Therapy (see Chapter 9.80)
P
P
Medical Clinic
A
A
Page 8
Microbrewery (with restaurant)
Office
* Professional and Administrative
* Medical and Dental
Parking Lot (Commercial)
i
I
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
* Single Room Occupancy Living Unit Facility (Z)
* Single Room Occupancy Residential Hotel (Z)
C
P
P
C, P(I)
P
P
P
C
C
A
P
A
A
P
P
A
P
P
C, P(I)
P
P
P
C
C
I�1
i
Page 9
* Senior Housing (Independent Living)
P
C (JJ)
Residential Use
* Live/Work (P36)
P
P
* Multi-Family
P
C (JJ)
* Townhouse
P
C (ii)
Restaurant
* General
P
P
* Outdoor & Sidewalk Cafe (S44)
A
A
* Take Out/Delivery (drive-through windows not permitted)
P
P
* With Bar & Live Entertainment (1148)
C
C
Retail, General and Specialty
P
P
School
* Elementary or Secondary
C
N
* High School
C
N
* Trade School
C
N
* College
C
N
Studio (e.g. Dance, Martial Arts)
A
A
Tailor
P
P
Tattoo/Piercing Studio
C
C
Temporary Use/Event (EE31;5«-also40)
Page 10
* Arts & Crafts Sho
* Circus/Carnival
* Flea Market/Swap �
* Live Entertainmei
* Outdoor Exhibit
* Recreational Evei
* Religious Assemb
* Retail Sales
* Seasonal Lot/Activity (e.g. Christmi
* Trade Fair
Theater (under 500 seg
Transit Facility (e.g. bus or tra
Visitor Center
(Ord. 781 § 6, 2007; Ord. 695 § 3, 2003)
(Ord. No. 844, § 2(Exh. A), 3-13-2012; Ord. No. 854, § 2(Exh. A), 7-9-2013)
Article V. - Public/Institutional Zoning Districts [No proposed changes to section 17.06.140 through
17.06.160]
Article VI. - Open Space and Recreational Zoning Districts [No proposed changes to section 17.06.170
through 17.06.190]
Article VII. - Planned Development Zoning District
17.06.200 - Purpose.
Page 11
The Planned Development Zoning District is intended to accommodate a wide range of residential,
commercial and industrial land uses, which are mutually -supportive and compatible with existing and
proposed development on surrounding properties. P -D zoning districts shall encourage the use of
flexible development standards designed to appropriately integrate a project into its natural and/or
man-made setting and shall typically be intended for projects that provide for a mix of land uses to serve
identified community needs. Furthermore, the P -D zoning process may be used to implement the
various specific plans adopted by the city. Once established, the P -D zoning district becomes, in effect
the zoning for the area within its respective boundaries.
(Ord. 695 § 3, 2003)
17.06.210 - General provisions.
A. P -D zoning districts with commercial and/or industrial components may be established on a parcel
or parcels of land having a contiguous area of at least three acres or, if in a M -U District, at least
one and one-half acres. P -D zoning districts for residential developments may be established on a
parcel or parcels of land having a contiguous area of at least one acre. Within a specific plan area, a
P -D zoning district may be designated for properties totaling less than three acres in size, provided
the district is consistent with the specific plan.
B. Each P -D zoning district shall include specific development standards designed for that particular
district, including minimum lot sizes, setbacks and open space requirements, architectural and
landscaping guidelines, and maximum building heights and lot coverage. In establishing these
standards, the requirements for existing zoning and P -D zoning districts may be reviewed and
modifications to these standards may be made as appropriate. Varying residential densities may be
established for specific areas within each district. Once approved, as part of a final development
plan (see Section 17.06.250), all standards, densities, and other requirements shall remain tied to
that plan and to the property designated by that district, unless formally amended by city council
action (see Section 17.06.280.) If no specific standards are proposed for any or all portions of a P -D
district, the applicable general standards of the zoning ordinance shall apply.
C. A P -D zoning district may include a combination of residential, industrial, and commercial uses
within either the same or adjacent buildings within the district, so long as such mixed uses are
consistent with the general plan and any applicable specific plan. Industrial, commercial and
residential components within the same P -D districts shall share a similar or compatible
architectural theme and maximize pedestrian access between the two.
D. In situations where a subdivision of land (e.g. a tentative map) is undertaken in conjunction with
the establishment or implementation of a P -D zoning district, such subdivisions shall be processed
concurrently.
(Ord. 695 § 3, 2003)
17.06.220 - Uses permitted.
Any and all uses otherwise permitted in the city of Rohnert Park may be included in a P -D zoning
district, provided such uses are permitted or conditionally -permitted by the zoning ordinance and are
shown on the approved final development plan for that district.
Page 12
(Ord. 695 § 3, 2003)
17.06.230 - Relationship to existing general and specific plans.
All standards, requirements, densities, land use designations and other contents of an approved
final development plan shall be consistent with the city's general plan and any applicable specific plan.
(Ord. 695 § 3, 2003)
17.06.240 - Application.
Application for a P -D zoning district shall be made by a person, or the authorized agent of a person,
having a legal or equitable interest in the affected property. In addition to the required application
submittal forms available from the planning department and specified supporting materials including
the fee pre scribed by the city council, the following shall also be required for all requests to establish a
P -D zoning district and shall be submitted at the preliminary development plan and final development
plan stages, as outlined in Section 17.06.250:
A. A listing of the development standards proposed for the P -D zoning district (e.g., setbacks, lot
sizes, building heights);
B. A listing of the uses that will be permitted and/or conditionally -permitted in the P -D zoning
district;
C. A phasing plan indicating the approximate date when construction of the first development
phase of the P -D zoning district is scheduled to begin and tentative completion dates for the
remaining phases.
(Ord. 695 § 3, 2003)
17.06.250 - Procedure.
A. Preliminary Development Plan. In establishing a P -D district, a preliminary development plan shall
be prepared for the proposed P -D zoning district.
1. Parks and Recreation Commission Recommendation. The preliminary development plan shall
be submitted to the parks and recreation commission for a recommendation with regards to
any proposed parkland dedication. The recommendation of the parks and recreation
commission to the planning commission shall be based upon the criteria listed in Section
16.14.020(K)(1)(a) of this code.
2. Planning Commission Approval. The planning commission will hold a public hearing to consider
the preliminary development plan, the recommendation of the parks and recreation
commission with regard to any dedicated parkland, and whether the land uses proposed and
their interrelationships are generally acceptable and consistent with the general plan and any
applicable specific plan. The commission shall indicate conceptual approval or disapproval of
the preliminary development plan. Such conceptual approval shall not bind the planning
commission to approval of the final development plan, which shall be subject to
environmental analysis and public hearings.
Page 13
B. Final Development Plan. Once a preliminary development plan has been approved by the planning
commission, a final development plan to rezone the property to P -D district may be submitted to
the city. If subdivision within the district is necessary, then a tentative map may also be applied for
at this time.
1. Parks and Recreation Commission Review. If any changes to dedicated parkland have been
proposed since preliminary development plan approval, staff will schedule a public hearing
before the parks and recreation commission after receipt of a complete application. The
recommendation of the parks and recreation commission to the planning commission shall be
based upon the criteria listed in Section 16.14.020(K)(1)(a) of this code.
2. Planning Commission Approval. Following appropriate environmental review of the plan, the
planning commission shall consider the application for a final development plan at a public
hearing. After the hearing, the planning commission shall forward any new recommendation
of the parks and recreation commission with regard to any dedicated parkland. The planning
commission will also make a recommendation to the city council based on a review of the
environmental impacts of the plan, the appropriateness and interrelationships of the proposed
uses, any effects on traffic circulation due to development of the plan, the quality of the
suggested site plan design, consistency with the general plan and any applicable specific plan,
and other details of the proposed district. A favorable recommendation must include the
findings listed in this title for a final development plan (see Section 17.06.260).
3. City Council Approval. At the city council's public hearing, it may approve or deny the final
development plan or return the matter to the planning commission for further evaluation. If
the application for a final development plan is approved, the property shall be rezoned as a P-
D zoning district and so indicated on the zoning map for the city.
C. A use permit shall be required prior to the construction of any phase of an approved P -D zoning
district. A use permit for any or all phases of the development may be processed concurrently with
the final development plan. It is the intent of the use permit to further clarify the details of the
development phase being considered and to ensure that each component complies with the
established provisions of the district. The use permit is intended to refine the final development
plan and implement the conditions of approval attached to the final development plan. Use permit
approval shall be required prior to final map recordation for all projects within a P -D zoning district.
The planning commission may grant a use permit, provided that the proposed development phase
is in substantial conformance with any approved final development plan for that property and the
conditions thereof. In approving a use permit for a phase of the P -D zoning district the planning
commission may add conditions of approval, which are consistent with the intent and provisions of an
approved P -D zoning district and help to implement that district. For P -D zoning districts containing
commercial and/or industrial components, a Master Use Permit may be approved which will generally
or specifically describe those tenants that may utilize those components.
(Ord. 787 § 4, 2007; Ord. 695 § 3, 2003)
17.06.260 - Findings.
The planning commission shall recommend approval of a final development plan to the city council,
provided the planning commission finds the following:
Page 14
A. Each individual component of the development can exist as an independent unit capable of
creating an environment of sustained desirability and stability, and the uses proposed will not
be detrimental to present and potential surrounding uses but instead will have a beneficial
effect which could not be achieved under another zoning district;
B. The streets and thoroughfares proposed meet the standards of the city and adequate
infrastructure can be supplied to all phases of the development;
C. Any commercial component complements other uses in the development;
D. Any residential component will be in harmony with the character of the surrounding
neighborhood and community and will result in densities within the P -D district that are no
higher than that permitted by the general plan;
E. Any industrial component conforms to applicable desirable standards and will constitute an
efficient, well -organized development with adequate provisions for railroad and/or truck
access and necessary storage and will not adversely affect adjacent or surrounding
development;
F. Any deviation from the standard zoning requirements is warranted by the design and
additional amenities incorporated in the final development plan, which offer certain unusual
redeeming features to compensate for any deviations that may be permitted;
G. The P -D zoning district is consistent with the general plan of the city and any applicable specific
plan.
(Ord. 695 § 3, 2003)
17.06.270 - Lapse of approval extension and renewal.
A. A final development plan shall expire two years after date of approval or at an alternate time
specified as a condition of approval, unless there has been any activity in that P -D zoning district
(e.g. a use permit has been approved or a building permit issued for any development phase of the
P -D zoning district) or an extension has been granted. Preliminary development plans shall expire
one year after date of approval unless application for final development plan approval is submitted.
If a final development plan expires and is not extended, the property shall revert to its prior zoning.
B. A final development plan approval may be extended by the planning commission for a two-year
period at a noticed planning commission public hearing, if the findings required remain valid and
application is made at least thirty days prior to expiration. The planning commission may modify
the final development plan and/or add conditions of approval at this time based on this review.
(Ord. 695 § 3, 2003)
17.06.280 - Changed plans and new applications
A. A request for modifications to the conditions of approval for an approved final development plan
shall be treated as a new application, unless the planning and community development director
finds that the changes proposed do not involve substantial alterations or additions to the plan, and
are consistent with the original approval and the general plan and any applicable specific plan.
Page 15
B. If an application for a final development plan is denied, no new application for the same, or
substantially the same, final development plan shall be filed within one year of the date of last
denial, unless the denial was made without prejudice.
(Ord. 695 § 3, 2003)
Article VIII. - Specific Plan Zoning District [no proposed changes to sections 17.06.290 through
17.06.450]
Article IX. - Mobile Home Park Overlay District [no proposed changes to sections 17.06.460 through
17.06.510]
Article X. - Office Overlay District [no proposed changes to sections 17.06.520 through 17.06.550]
Article XI. — Commercial Overlay District
17.06.620 - Purpose.
The Commercial Overlay District is intended to permit additional commercial development with
existing industrial areas which are proximate to Highway 101, such as the Commerce Boulevard. The
district would ensure that there are locations for new commercial users within such areas and would
allow for their timely approval as principally -permitted uses, while continuing to allow for uses that are
more industrial in nature.
17.06.630 - Overlay districts.
A Commercial Overlay District may be combined with an Industrial Zoning District by a change of
district to include the overlay in accordance with the provisions of Chapter 17.25.070 of this title. A
Commercial Overlay District shall be designated by the letter "C" following the industrial district
designation.
17.06.640 - Permitted uses.
In addition to the uses allowed in the underlying zoning district, the following is a list of permitted
land uses within the commercial overlay designation. 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
Page 16
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.
Additional Uses Permit
Land Use Category It 11
Amusement Center — Small (e.g. indoors; commercial shopping center)
Antique Store
i Arcade Games/Cybercafes (B)
f Bakery (Retail Sales)
Bank/Savings and Loan/Credit Union (see Drive -Through Windows) (1)
Bar/Nightclub (R)
Barber/Beauty Shop/Tanning Salon
IBath House/Spa
v
Billiards Parlor (R)
Check Cashing Store
Day Care Center (Nonresidential)
Drive -Through Window (any use) (1)
u
IDry Cleaning Outlet
Florist
Food Store - Convenience Store
Food Store - Supermarket
Furniture Store - Small/Custom Order
in C Overlay
A
P
Page 17
Furniture Store - Large
Hardware Store
Health Club
Home Improvement Store
Hotel/Motel (No in -room food preparation unless applied for and approved
as part of project approval or separately.)
Interior Decorator
Liquor Store (Off -Sale) (R)
P
Live Entertainment
C
Live/Work (P)
Massage Therapy (see Chapter 8.36)
Medical Clinic
Microbrewery with restaurant I
Paint Store
Pharmacy (see Drive -Through Window) (1) (Does not include a Medical
Marijuana Dispensary, which is a prohibited use within the City)
Photography Studio
Restaurant
Restaurant - General
Restaurant - Fast Food (see also Drive -Through Window) (1)
Restaurant - Outdoor and Sidewalk Cafe (S) f
C
P
P
4
C
P
P
P
11
C
C l
C
P
Page 18
Restaurant - Take Out/Delivery
Restaurant - With Bar and Live Entertainment (R) I C
Retail, General and Specialty
Retail, Department or Big Box I
Tailor
Tattoo/Piercing Studio
Article XII Station Center Planned Development District Zoning District
17.06.700 - General provisions.
A
P
A
A
A. Authority. The adoption of the Station Center Planned Development District is authorized under
the Zoning Ordinance of the City of Rohnert Park (Rohnert Park Municipal Code Title 17, the "Zoning
Ordinance"). Specifically, Chapter 17.06, Article VII.
B. Purpose. The district is intended to create a well-designed, pedestrian -oriented commercially
focused downtown environment.
C. Procedure. Prior to any development within the Planned Development the procedures within
Article VII, sections 17.06.200 through 17.06.280, shall be followed to establish the required Final
Development Plan and Development Area Plan(s).
D. Applicability. All property within the boundaries of the Station Center Planned Development as
designated on the City of Rohnert Park, zoning map, shall be subject to the provisions contained within
this Article and any subsequent Final Development Plan and Development Area Plan approvals.
17.06.710 Consistency with Central Rohnert Park Priority Development Area Plan.
A. All development within the Station Center PD shall be consistent with the Central Rohnert Park,
Priority Development Area (PDA) Plan. Any subsequent approvals including the Final Development Plan
and Development Area Plan(s) shall be consistent with the PDA, specifically all entitlements and related
development shall be:
1. Supportive of the Downtown District Amenity Zone (Section 4.3.6 of PDA).
2. Consistent with Table 4.1 (PDA Zoning Designations and Development Standards) of
PDA.
Page 19
3. Consistent with Figure 4.6 (Station Center Subarea Land Use Designations).
Modifications to street layout, block layout and size, acreage of each land use are
permitted subject to the review and approval of a Final Development Plan.
4. Implementation of relevant street designs in Chapter 5 (Circulation and Connectivity) in
the PDA, specifically State Farm Drive (Figure 5.7).
5. Implementation of the Community Design guidelines (Chapter 6) in the PDA, with
particular attention to:
a. Urban Streetscape Condition (Table 6.1 and Figure 6.3 in the PDA).
b. Street Furnishings and Lighting
c. Building Setbacks and Building Orientation (Section 6.2.3 (Building Setbacks),
Section 6.2.4 (Building Orientation), Figure 6.4 (Building Setback Diagram) and
Figure 6.5 (Streetwall Diagram) in the PDA plan).
d. Mixed -Use Guidelines for the Downtown District (Section 6.3.2 in PDA plan).
-1-.6. Other requirements from the PDA plan or from PDA plan implementation that may
apply.
Article Xlll Downtown District Amenity Zone (DDAZ)
A. Purpose. The DDAZ is intended to guide downtown -style within a portion of Central
Rohnert Park. Development in the DDAZ should be well-designed and supportive of an active,
pedestrian -oriented, commercially focused downtown streetscape environment.
B. Applicability. All development within the designation DDAZ boundary as indicated on
the City of Rohnert Park, zoning map.
C. Consistency with PDA Plan. All development within the DDAZ shall comply with relevant
provisions within the Central Rohnert Park, Priority Development Area Plan (PDA), specifically:
1. Downtown District Amenity Zone (Section 4.3.6 of PDA).
2. Table 4.1 (PDA Zoning Designations and Development Standards) of PDA.
3. Figure 4.6 (Station Center Subarea Land Use Designations). Modifications to street
layout, block layout and size, acreage of each land use are permitted subject to the
review and approval of a Final Development Plan.
4. The relevant street designs in Chapter 5 (Circulation and Connectivity) in the PDA,
specifically State Farm Drive (Figure 5.7).
5. Community Design guidelines (Chapter 6) in the PDA, with particular attention to:
a. Urban Streetscape Condition (Table 6.1 and Figure 6.3 in the PDA).
b. Street Furnishings and Lighting
c. Building Setbacks and Building Orientation (Section 6.2.3 (Building Setbacks),
Section 6.2.4 (Building Orientation), Figure 6.4 (Building Setback Diagram) and
Figure 6.5 (Streetwall Diagram) in the PDA plan).
d. Mixed -Use Guidelines for the Downtown District (Section 6.3.2 in PDA plan).
6. Other requirements from the PDA plan or from PDA plan implementation that may
apply.
C. Limitations on Residential Development. All residential development and mixed-use
development within the DDAZ shall comply with the relevant provisions of Chapter 17.07 (Land Use
Page 20
Footnotes/Special Provisions), Footnote A (Residential Development in Downtown District Amenity
Zone (DDAZ).
Article XV — Form -Based Codes for Special Areas [no changes to sections 17.06.800 through 17.06.870]
Page 21
Exhibit B (part 2 of 3)
Chapter 17.07 - LAND USE FOOTNOTES/SPECIAL PROVISIONS
17.07.010 - Purpose.
The purpose of this chapter is to establish standards for the approval, conditional approval or
disapproval of particular uses that typically have unusual site development features or operating
characteristics requiring the establishment of standards to ensure that the use is designed, located, and
operated compatibly with uses on adjoining properties and in the surrounding area.
17.07.020 - Footnotes.
The following standards apply to the land use indicated by corresponding number in the zoning
district use charts:
Footnote A (ADULT ENTERTAINMENT) through HH (CONDOMINIUM CONVERSIONS) are unchanged.
JJ. Residential Development in Downtown District Amenity Zone (DDAZ)
A. Purpose. The purpose of the restrictions is to ensure that a minimum amount of active commercial
or service uses are building within the DDAZ. This is intended to create a vibrant environment with
restaurants, shops, services and other active uses that create downtown foot -traffic and activity. To
accomplish the type of environment desired it is necessary to limit the amount and configuration of
residential development.
B. Standards. Residential development shall only be permitted within the Downtown District Mixed -
Use designation as follows:
1.. A minimum of fifty percent (50%) of the total building square footage shall be used for non-
residential purposes, unless at least seventy-five (75%) of the ground floor building square
footage is utilized for active retail or service uses, then the percentage of building square
footage used for residential purposes may increase.
2. Parking structures do not qualify as building square footage for the purposes of the 50%
calculation.
3. The number of residential units shall not exceed the maximum permitted within the zoning
district prior to the application of any density bonus provision.
Page 1
Exhibit B (part 3 of 3)
Chapter 17.10 - DEVELOPMENT STANDARDS
17.10.010 - Purpose.
The purpose of this chapter is to establish the development standards for the zoning districts within
the city of Rohnert Park. The development standards table gives the required site area and dimensional
requirements for lots within each district, including maximum building heights, minimum building setbacks,
minimum open space requirements, floor area ratios, and maximum lot coverages. Following the table are
additional standards, dimensional requirements and exceptions.
17.10.020 - Development standards table.
The following table and text are adopted as the city's basic development standards for the zoning
districts within the city of Rohnert Park. To use the chart, find the appropriate zoning district on the left-
hand side of the table. Read across the row for the zone in question and the development standards for
that zone will appear in the corresponding columns. If a number appears in parentheses in the table, a
further qualifier, requirement, or exception is listed by that number in the following listing of footnotes.
DEVELOPMENT STANDARDS FOR ZONING DISTRICTS
Minim Minimum Minim
Minim Minim Minim um Side Yard um Maxim Maximum Minim Maxi Maxi
um um Building um mum mum
Zoni um um Front Setback Open
ng
Lot Lot Lot Residen Height (Feet) Yard (Feet) Rear Space Floor Lot
Size tial Yard Area Cover
Distr Width Depth Setba Per
(Sq. Density Setba Ratio age
ict Ft.) (Feet) (Feet) (Units/ Prim Acces ck Inter Cor ck Unit (FAR) (Perce
(3) (4) (5) Ft.)
(1) (1)(2) (1) Acre} ary sort' (Feet) for ner (Feet) (Sq. Factor nt)
40,00
100 150 1.0 35 12 50 10 20 50 N.A. N.A. 30
0
17,00
R -E
100
150
2.0
35 12
25
10
20
25
N.A.
N.A.
40
0
5,000
0.4
R -L
50
100
6.0
35 12
20
5
10
N.A.
50
(10)
5
20
20
500
0.
R -M 3,700
40
80
12.0
35 12
20
10
40
(10)
(13)
(14)
(18)
5
10,00
20
400
1.15
R -H
60
100
2438.0
45 12
20
(10)(
10
40
0
(13)
(14)
(18)
11)
Page 1
DTR 10,00
60
100 30.0
60
15
I
20
5
( 10)(
I
10
20
400
1.15
I
40
-H 0
(13)
(14)
(18)
C -O 100 0
60
100 N.A.
45
N.A.
15
(1°)
15
10
N.A.
1.0
50
C -N 10,00
0
50
100 N.A.
35
N.A.
15
10
(12)
15
10
N.A.
0.4
60
C-R 20,00
0
50
100 N.A.
65
N.A.
15
10
(12)
15
10
N.A.
0.4
(15)
60
I -L 2000
100
100 N.A.
45
N.A.
15
10
15
10
N.A.
0.5
60
M -U 10,00
0
60 (9)
100 24 (7)
(9)
45
12
10 (9)
10
(9)
10
(9)
10 (9)
200
1.5
(17)
80
DT 10100
M -U 0
60 (9)
100 0 /35
(9) (7)(19)
60
12
10 (9)
10
(9)
10
(9)
10 (9)
200
1.5
(17)
80
� 10,00
PI 0
N.A.
N.A. N.A.
45
N.A.
15
10
15
10
N.A.
0.5
50
OS- N.A.
N.A.
N.A. 1.0 (8)
N.A. N.A.
35
35
N.A.
N.A.
N.A.
N.A.F2O
20 125
25
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
OS-
EC
N.A.
N.A.
(1) The lot minimums listed do not apply to the condominium parcelization of a project where land
is being divided for individual building envelopes. Further, for lots within subdivisions approved prior
to January 2003, the minimum lot size shall be that shown on the approved subdivision map.
(2) The minimum width of a residential corner lot shall be ten percent greater than the minimum lot
width for a given district.
(3) Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, and similar
structures and necessary mechanical appurtenances covering not more than twenty percent of the
top floor roof area may exceed by eight feet the maximum permitted height in the underlying zoning
district by conditional use permit.
(4) See Section 17.10.060 for additional requirements for accessory structures.
Page 2
(5) Front porches may project up to five feet into the front yard setback. Front yard and street side
setbacks shall be reserved for landscaping only, excluding driveways for ingress and egress and
front porch projections. For lots within subdivisions approved prior to January 2003, front yard
setbacks shall be as shown on the approved subdivision map.
(6) A minimum lot size of four thousand five hundred square feet may be allowed in the R -L District
for projects that utilize design features such as clustering and common open space areas.
(7) Maximum density within the M -U District shall be dependent on the dimensional requirements of
the property (e.g. setbacks, FAR, parking).
(8) Applies only to the developable portion of any property within the OS -ARC District.
(9) In the M -U District, front, rear, and/or side yard setbacks may be reduced or eliminated if
approved by the planning commission and if structures remain outside of an easement and comply
with city approved design guidelines.
(10) The interior side yard setback may be eliminated for attached dwelling units in the R -M and R -
H Districts, provided the applicable building code requirements can be met.
(11) In the R -H and C -O Districts, interior side yards shall be increased by one foot for every foot of
building over thirty-five feet.
(12) The interior side yard setback may be eliminated for attached commercial units in the C -N and
C-R Districts, provided the applicable building code requirements can be met.
(13) The rear yard setbacks may be reduced to ten feet for one-story building additions that are no
wider than fifty percent of the buildable width of the lot.
(14) This shall include private open space of a minimum area of one hundred square feet when on
ground level and/or sixty square feet if equal to or greater than six feet above ground.
(15) F.A.R. of 1.5 is allowed for hotel and motel projects in the C-R District.
(16) F.A.R. of 1.0 is allowed for industrial projects that are approved by the planning commission
and meet criteria set forth in city approved design guidelines.
(17) F.A.R. of 1.5 is the maximum for non-residential projects; an F.A.R. of 2.0 is allowed for mixed
residential/Peen-residential projects.
(18) The maximum sizes for housing units shall be as provided for in Section 17.10.070 of this
chapter.
(19) Residential units are only permitted in the DTM-U if 50% or more of the total building square
footage is non-residential or if 75% or more of the ground floor is designed for an active retail or
service use (e.g. restaurant, shop, beauty salon, etc.)
Yard Diagram
Page 3
L Rear Yard r Rear Yard {
"-- f
PUBUC Sr�c Yard
- — - -
STREET S deS!de PU9LIC
F Rear I Side &de I "Ord Yard I STREET
YArd
Yard
YON vara —
{
Sitle Yard Front Yard Front Yarp
� � —�
Corner LC iMerior LC Cornar LO'.
PUBLIC STREET
(Ord. 695 § 3, 2003)
17.10.030 - Legally established yard setbacks.
On any property line where there is a legally established side or rear yard building setback line less
than that required by the standards established by this ordinance, that setback may be continued when
expanding a structure for a use permitted by the zoning district in which the property is located, provided
maximum lot coverage is not exceeded and all other required setbacks apply. This provision does not
apply to expansions into front yard setbacks.
(Ord. 695 § 3, 2003)
17.10.040 - Projections into yards.
Projections into required yard setbacks shall be permitted as follows, provided that no projection
shall extend into a public utility easement:
A. Projecting features such as balconies, sills, chimneys, fireplaces, bay windows, covered
porches, awnings, cornices, eaves, and ornamental features may extend into a required side
yard or a space between structures that is five feet or more in width not more than two feet and
may extend into a required front or rear yard not more than four feet.
B. Open, unenclosed, uncovered balconies, landings, platforms, patios, decks, porches, stairways,
terraces, and vehicular access drives and parking and loading areas, no part of which is more
than four feet above the grade of the ground, may extend into a required rear or side yard to
within three feet of the property line or the required space between buildings.
C. Attached patio covers may feature supporting members that encroach to within ten feet of a rear
property line and to within five feet of a side property line, with eaves allowed to extend an
additional two feet into these setbacks.
Yard Projections
Page 4
►fes n.ry �y'.
r • lrr+.
(Ord. 695 § 3, 2003)
17.10.050 - Required separations between structures.
A. The minimum separation between main structures or between main structures connected by a
breezeway shall be ten feet, with an additional one foot of separation required for every foot that a
structure exceeds a height of thirty-five feet.
B. The minimum distance between any main structure and any detached accessory structure shall be
five feet. Any structure that is set back five feet or less from a main structure shall be considered an
attached structure for setback purposes and must comply with all dimensional requirements that
pertain to the main structure.
Separations between Buildings/Accessory Building Setbacks
5'
(Ord. 695 § 3, 2003)
17.10.060 - Accessory structures.
A. Detached/attached. Detached accessory structures (i.e. structures separated from the main structure
by five feet or more) shall be located behind the front elevation of the main structure and shall cover
no more than ten percent of the rear yard area, with total lot coverage for all structures on-site not to
exceed that listed in Section 17.10.020 for the applicable zoning district. In the event an accessory
building is attached to the main building or less than five feet from the main structure, it shall be
considered structurally a part of the main building and shall comply in all respects with the
development standards applicable to the main building.
B. Setbacks for accessory structures. The minimum side and rear yard setback for carports is five feet
and for all other accessory structures the setback is three feet.
C. Accessory building as a second unit. If the accessory building is a second residential unit, a ten foot
rear yard setback and five foot side yard setbacks must be provided. In the case of a corner lot
Page 5
adjacent to a reversed frontage lot, accessory buildings shall not project beyond the front yard
required or existing on the adjacent reversed frontage lot.
D. Building permits requirements. Building permits are not required for detached accessory structures
that are one hundred twenty-eight square feet or less in size, that are no greater than twelve feet in
height, that are not habitable, and that do not require utilities. Accessory structures shall not include
kitchens, unless part of an approved second unit.
(Ord. 695 § 3, 2003)
17.10.070 - Maximum size of housing units.
A. The maximum square footage of housing units (including garages and accessory structures) shall be
determined by the following formulas for the respective zoning districts. (Note: These maximums do
not apply to units allowed through a density bonus arrangement.):
R -L (Low Density Residential): I 600 sq. ft. + F.A.R. Factor (0.40) x Net Lot Area
R -M (Medium Density Residential): 400 sq. ft. + F.A.R. Factor (0.40 for detached; 0.55 for attached) x
Net Lot Area
R -H (High Density Residential) F.A.R. Factor (1.15) x Net Lot Area
DTR -H (Downtown High Density
Residential) Not applicable
B. The planning commission may allow an increase in the floor area ratio factor (FAR) for a residential
property within an R -L or R -M district, subject to the granting of a use permit, in accord with the
provisions of Section 17.25.010, Conditional Use Permits, if the following findings can be made:
1. The maximum lot coverage for the property would not exceed that permitted for the zoning
district;
2. The required setbacks and height limitations of the zoning district can be met for all structures;
3. A usable outdoor area (at least one minimum dimension of fifteen feet) for residents would be
maintained on the lot;
4. The issuance of the use permit would not infringe on the privacy or light and air easements of
adjacent properties;
5. The total FAR for the lot would not exceed .55.
(Ord. 695 § 3, 2003)
17.10.080 - Reasonable accommodation.
A. Purpose.
Page 6
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 permit.
(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.
Page 7
E
A
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.
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 planning 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.
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.
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 17.10.0805, Findings and Decision.
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.
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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.
(Ord. No. 844, § 2(Exh. A), 3-13-2012)
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