2022/12/13 City Council Ordinance 972 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 972.
Ordinance No. 972, an Ordinance of the City Council of the City of Rohnert Park,
California, Amending Rohnert Park Municipal Code Title 17 — Zoning, Section
17.07.020 (Footnotes) Regulating Accessory Dwelling Units and Junior Accessory
Dwelling Units was published on 12/2/2022 and 12/16/2022 as required by law, and posted
in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 12/2/2022 and 12/16/2022.
The summary of Ordinance No. 972 was published in the Community Voice on 12/2/2022 and
12/16/2022 as required by law.
Sylvia Lopez uevas, ity Clerk
Subscribed and sworn to before me this January 10, 2023
r7 q
Elizabeth Machado, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 972
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park" Summary
of Ordinance No. 972" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 16" day of December, 2022 and ending on the 16" day of December, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 16" day of December, 2022 at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE" CITY Ct-
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 972
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park" Summary
of Ordinance No. 972" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 2"' day of December, 2022 and ending on the 2"a day of December, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 2"a day of December, 2022 at Rohnert Park, California.
Signed
Claudia Smith
Chief Clerk
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24
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ORDINANCE NO. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 17—
ZONING, SECTION 17.07.020 (FOOTNOTES) REGULATING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the State of California has established that a local agency may, by
ordinance, regulate the creation of accessory dwelling units and junior accessory dwelling units
in single family and multi-family residential zones, subject to certain state standards;
WHEREAS, the proposed amendments are in response to Assembly Bill-345 adopted in
the 2021 California legislative session, as well as Assembly Bill-2221 and Senate Bill-897,
adopted in the 2022 California legislative session, and which mandate specific changes to local
regulations that apply to accessory dwelling units;
WHEREAS, these modifications to state law, and by extension the RPMC, are intended
to incentivize the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs)by reducing of processing timelines, removing owner-occupancy requirements,
and establishing state-wide development standards for ADUs;
WHEREAS, the proposed changes to Title 17 Zoning(attached hereto as Exhibit A) are
consistent with the goals, policies, and implementation measures in the General Plan and
necessary to comply with state law;
WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing; and
WHEREAS, on November 10, 2022, the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support of or opposition to the
revised proposal; and
WHEREAS; the Planning Commission reviewed and considered the Ordinance and
adopted a resolution recommending approval of the proposed amendments to Title 17 Zoning of
the Municipal Code with respect to ADUs and JADUs;
WHEREAS; the City Council received and considered the Planning Commission
recommendation on November 22, 2022 and conducted a Public Hearing.
NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert
Park as follows:
Section 1. The above recitations are true and correct.
Section 2. Findings. The City Council hereby makes the following findings with
respect to adoption of this Ordinance:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
OAK#4855-4197-8171 vi
Criteria Satisfied. The new state law included in Government Code 65852.2,
explicitly states that accessory dwelling unit conforming to state standards shall, by
law, be deemed to be a residential use that is consistent with the existing general plan
and zoning designations for the lot, and shall not be considered to exceed the
allowable density for the lot upon which it is located.
In addition to this state declaration, the proposed amendments to the Municipal Code
are consistent with the General Plan 2020 Goals of maintaining a compact urban
form, and providing a range of housing types and prices. Specifically, Goal LU-A
(compact urban form) is promoted by a more efficient utilization of land, housing
stock, and infrastructure. Goal CD-H (variety of housing types and sizes) is promoted
by allowing smaller units in well-established neighborhoods. Goal HO-2 (diversity of
housing types) is promoted by the allowance for smaller residences. Goal HO-3
(affordable housing) is encouraged by allowing smaller accessory units.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the municipal code are intended to
address public health, safety and welfare concerns created by the statewide housing
crisis. The changes will help improve community health outcomes, by reducing
overcrowding, providing additional workforce housing closer to job center and
reducing homelessness by expanding the availability of rental units. In addition, the
minimum standards for setback, unit size, and unit design ensure that ADUs
constructed in compliance with the municipal code will provide residents with safe
and habitat living space.
Section 3. Environmental Review. No California Environmental Quality Act
(CEQA) analysis is required for this action. The ordinance and amendments are statutorily
exempt from CEQA pursuant to Public Resources Code Section 21080.17 which exempts
adoption of an ordinance to implement regulations for accessory dwelling units pursuant to
Government Code Section 65852.2.
Section 4. Amendment of Municipal Code 17.07.020 — Footnotes. The City Council
hereby repeals and replaces Footnote X of Rohnert Park Municipal Code 17.07.020 — Footnotes,
to read in entirety as shown in Exhibit A attached hereto.
Section 5. 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 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 7. Publication and Submission to Housing and Community Development. The
City Clerk is directed to cause this ordinance to be published in the manner required by law, and
Ordinance No. 972
2
to submit it to the Department of Housing and Community Development within 60 days after
adoption in the manner required by law.
This Ordinance was introduced by the Council of the City of Rohnert Park on November 22,
2022 and DULY AND REGULARLY ADOPTED on December 13, 2022, by the following Roll
Call Vote:
i V S coy^c.(. e•.�L ✓5 Col trol;ce, l-fal C•. w O#1 1 , s-} y"
AYES: f f ( ) 0ce ►,t�o� (L-4,d�+gvet cal �l rsr El
U �JJJJJ
NOES: 2e ru 6-0
ABSENT:7—E-'1' Css)
ABSTAIN: Ze ru C95)
CITY/OF ROHN RT PARK
kie Elw , ayor
ATTEST:
Sylvia Lopez Cueva Clerk -
AP OVED S TO F RM:
c e le archetta - enyon, City Attorney
I, SYLVIA LOPEZ CUEVAS, CITY CLERK of the City of Rohnert Park, California, do hereby
certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 13th day of December, 2022 by the following vote:
C ou►1t.'(.rvre^'‘6.c.-s Co 1 v c c e-i H )l t '�`�t�f-)°41.► 04-ctc 's, S-f �
41
AYES: -Pt v-e (SJ vizt J c� 2 f,011,ez_ cncQ 6A, Elw
NOES: 2Xo(75.)
ABSENT: 7 vv (cz)
ABSTAIN: Z c (fb)
Ordinance No. 972
3
Exhibit A
17.07.020 — Footnotes.
X. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
STANDARDS
1. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be
permitted with a certificate of zoning compliance, on any lot zoned to allow for a single-
family or multi-family residential uses, including mixed-use zones, subject to the
requirements of this subsection.
2. ADUs or JADUs shall not be sold separately from the primary structure on the lot nor
shall any subdivision of the land separating the ADU and the primary structure be
permitted by the City, except for a separate sale or conveyance as authorized under
Government Code section 65852.26. No separate sale of a JADU from the primary
structure, nor subdivision of the land separating a JADU and the primary structure be
permitted by the City.
3. The application for an ADU or JADU shall be considered ministerially without
discretionary review or a hearing within 60 days after receiving the application if there is
an existing single family or multi-family dwelling on the lot, unless the applicant requests
a delay. If the application for the ADU or JADU is proposed in conjunction with an
application for a new single-family dwelling or multi-family dwelling,the application
will be processed ministerially after the application for such dwelling unit(s) has been
acted on.
4. General Design Requirements
The following standards shall apply:
a. The ADU or JADU shall also comply with any objective standards in the City's
adopted design guidelines for residential development.
b. The maximum square footage limit for either an attached or detached ADU shall
be:
i. 850 square feet for an ADU with 1 bedroom or less.
ii. 1,000 square feet for an ADU with 2 bedrooms or more.
iii. For an attached ADU over 800 square feet constructed on a lot with an
existing primary dwelling unit, the total floor area of the attached accessory
dwelling unit shall not exceed 50 percent of the floor area of that existing
dwelling.
c. For ADUs larger than 800 square feet, the ADU together with the primary
residence shall not cover more than fifty percent of the lot area. No lot coverage
requirement shall be applied to an ADU of 800 square feet or less.
d. No passageway shall be required in conjunction with the construction of an ADU.
e. Fire sprinklers are only required in ADUs where they would also be required
under this Code for the primary dwelling. The construction of an accessory
Ordinance No. 972
4
dwelling unit shall not trigger a requirement for fire sprinklers to be installed in
any existing dwelling.
f. The following height limits shall apply:
a. A height of 16 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit.
b. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed single family or multifamily dwelling unit that is within
one-half of one mile walking distance of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, subject to an additional two feet in height to accommodate a
roof pitch on the accessory dwelling unit that is aligned with the roof pitch of
the primary dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed multifamily, multistory dwelling.
d. A height of 25 feet or the height limitation specified in Chapter 17.10 that
applies to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling.
g. Any standard that does not allow for the construction of at least one ADU of at
least 800 square feet that meets four-foot side and rear setback requirements and
applicable height limits shall be not be imposed, including any minimum or
maximum size for an ADU, any setback requirement (including front yard
setback), size based on percentage of the proposed or existing primary dwelling
unit, or limits on lot coverage, floor area ratio, open space, lot size, or
landscaping. Only the minimum deviation needed to construct an 800 square foot
ADU shall be considered
h. Notwithstanding anything in this code to the contrary, any procedural requirement
such as zoning clearance or separate zoning review that does not allow for the
construction of at least one ADU of at least 800 square feet shall not be imposed.
5. Streamlining Provisions and Exemptions
Except as provided for in this section 17.07.020.X(5), no more than one ADU and one
JADU shall be permitted per single-family, multi-family or mixed use lot in
compliance with all other requirements in this section. Notwithstanding the foregoing
limitation or anything in this code to the contrary, the Zoning Administrator and
Building Official shall cause certificates of zoning compliance and building permits to
be ministerially approved for the following projects:
a. For any lot with a proposed or existing single-family dwelling, one attached
ADU and one JADU shall be permitted when all of the following apply:
i. The ADU or JADU is within the existing or proposed single-family
dwelling or accessory structure. The limits of the "existing structure"
may include an expansion of not more than 150 square feet to
accommodate ingress and egress.
ii. The ADU or JADU has exterior access that is separate from the exterior
entrance for the proposed or existing single-family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety.
Ordinance No. 972
5
iv. The JADU, if applied for, meets all the requirements for JADUs
outlined in this section.
b. For a lot with a proposed or existing single family dwelling, one detached
ADU shall be permitted when all of the following apply:
i. Four-foot side and rear yard setbacks are maintained.
ii. The total height complies with the requirements of this section.
iii. The detached ADU may be combined with the JADU, described in
section 17.07.020.X(5)(a), provided all requirements for JADUs
outlined in this section are met.
c. For a lot with an existing or proposed multi-family dwelling, not more than
two detached ADUs shall be permitted when all of the following apply:
i. Four foot side and rear yard setbacks are maintained.
ii. The total height limit does not exceed 18 feet.
d. Conversion of portions of existing multi-family dwelling structures which are
not currently used as livable space (e.g. storage rooms, boiler rooms, attics)
shall be permitted to ADUs provided that each ADU complies with state
building standards for dwellings. At least one new ADU created from such
conversions shall be permitted per existing multi-family structure, up to a
maximum of a 25 percent increase in the total number of units in the structure.
6. Additional Requirements for Junior Accessory Dwelling Units
a. The maximum square footage of a JADU shall be no more than 500 square feet,
and a JADU shall be contained entirely within an existing or proposed dwelling
unit except that an expansion to accommodate an entrance may be permitted
under section 17.07.020.X (5)(a). For purposes of this paragraph, enclosed uses
within the residence, such as attached garages, are considered a part of the
proposed or existing single-family residence.
b. Utilities may be shared with the primary dwelling unit.
c. A JADU may include interior entry to the main living area. A second interior
door may be included for sound attenuation. A separate entrance from the main
entrance to the proposed or existing single-family residence is required.
d. A JADU shall include an efficiency kitchen, with the following minimal
requirements:
i. a sink with a maximum waste line diameter of 1.5 inches,
ii. a cooking facility with appliances that do not require electrical service
greater than 120 volts, natural gas, or propane gas, and
iii. a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the dwelling unit.
e. Owner occupancy shall be required for each JADU. The owner shall reside
either in the primary dwelling unit or the newly created JADU. Owner-
occupancy shall not be required if the owner is another governmental agency,
land trust, or housing organization.
Ordinance No.972
6
f. Each JADU shall be subject to a deed restriction, in a form approved by the City
and recorded prior to issuance of certificate of occupancy,with provisions
specifying that:
i. Owner occupancy of either primary dwelling or JADU shall be required.
ii. The JADU is restricted to the size and attributes approved by the City.
iii. A prohibition on sale of the JADU separate from the primary dwelling,
and notice to future purchasers regarding the enforcement of this
restriction.
iv. No JADU shall be rented for a period of fewer than 30 consecutive days.
v. Restrictions requiring that on purchase, any subsequent owner either
remove the JADU (including obtaining all required permits) or
demonstrate compliance with owner-occupancy requirements specified
in this section, except such requirements shall not apply to an owner who
is a governmental agency, land trust, or housing organization.
7. Parking Requirements
a. No parking shall be required for a new ADU or JADU.
b. Notwithstanding other provisions of this code, when a garage, carport, or covered
parking structure is demolished or converted in conjunction with the construction
of an ADU or JADU, there shall be no requirement imposed to replace the off-
street parking spaces.
8. Capacity, Connection and Impact Fees
a. Except for the case where an ADU or JADU is constructed within an existing
single family dwelling unit in accordance with Chapter 17.07.20.X (5)(a), a
new, separate or upgraded utility connection may be required between the
primary residence/ADU and the public water or sewer utility if site specific
conditions necessitate a new connection in order to provide minimum levels of
utility service. Connection fee or capacity charges may be calculated
proportionate to the burden of the proposed ADU based upon either its square
feet, the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association
of Plumbing and Mechanical Officials, or any other method that reasonably
estimates the proportional impact of the ADU.
b. Before obtaining a certificate of occupancy for an ADU or JADU, the applicant
shall demonstrate adequate water and sewer service available to serve the ADU
or JADU, as determined by the city engineer.
c. For the purposes of providing services for water, sewer, or power, including a
connection fee, a JADU shall not be considered a separate or new dwelling unit.
An ADU shall not be considered a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service, unless the ADU is constructed with a new single-family dwelling.
d. No impact fee shall be assessed upon the development of an ADU less than 750
square feet or any JADU, and impact fees charged for an accessory dwelling unit
Ordinance No.972
7
of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
9. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of
occupancy has been issued for the primary dwelling.
10. No ADU or JADU shall be rented for a period of fewer than 30 consecutive days.
11. Enforcement. In addition to other requirements of this code, notices issued to correct a
violation of a building standard pertaining to an ADU or JADU shall comply with
Section 17980.12 of the Health and Safety Code.
Ordinance No. 972
8