2023/08/10 Planning Commission Agenda Packet
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City of Rohnert Park
Planning Commission
NOTICE IS HEREBY GIVEN THAT A REGULAR AND ADJOURNED REGULAR
MEETING
will be held on Thursday, August 10, 2023 6:00 P.M.
CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
To any member of the audience desiring to address the Planning Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to
speak at the scheduled time, you may do so upon recognition from the Chairperson.
Please fill out a speaker card prior to speaking.
1. CALL TO ORDER
2. ROLL CALL
(Austin-Dillon_____ Epstein____ Lam____ Orloff____ Striplen____)
3. READING OF THE LAND ACKNOWLEDGEMENT
The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards
of the land. Let it be acknowledged that the City of Rohnert Park is located within the
traditional homeland of the Federated Indians of Graton Rancheria, comprised of Coast
Miwok and Southern Pomo peoples.
4. PLEDGE OF ALLEGIANCE
5. PUBLIC COMMENT – Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time. Please see above for details on how
to submit public comments.
6. CONSENT CALENDAR - ADOPTION OF MINUTES
6.1 Approval of the Draft Minutes of the Planning Commission Meeting of
July 13, 2023.
Commissioner Motion/Roll Call Vote:
(Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____)
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7. AGENDA ITEMS
7.1 DISCUSSION – FLAVORED TOBACCO LAW
7.2 PUBLIC HEARING – MUNICIPAL CODE AMENDMENT, SPECIFIC
PLAN AMENDMENTS – PLMC23-0001 – Consideration of a Resolution
recommending to the City Council amendments to the Municipal Code,
Northwest Specific Plan, and Wilfred Dowdell Specific Plan. The amendments
will affect all Commercial and Industrial Zoning Districts Citywide (Various
APNS):
1. Resolution No. 2023-18 recommending City Council approval of amendments to the
Municipal Code, Northwest Specific Plan, and Wilfred Dowdell Specific Plan
CEQA: The approval of this ordinance is exempt under Sections 15060(c(2) of the
CEQA Guidelines, as the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment, and also exempt under
Section 15061(b)(3) of the CEQA Guidelines because it can be seen with
certainty that there is no possibility that the adoption of this ordinance may
have a significant effect on the environment. Additionally, this action is exempt
pursuant to CEQA Guidelines section 15308 (actions taken by regulatory
agencies as authorized by state law or local ordinance to assure the
maintenance, restoration, enhancement, or protection of the environment), and
CEQA Guidelines section 15268 (processing and approval of ministerial
projects).”
Commissioner Motion/Roll Call Vote:
(Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____)
8. ITEMS FROM THE PLANNING COMMISSION
9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF
10. ADJOURNMENT
NOTE: If you challenge the nature of the proposed action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing(s) described in this agenda, or in written
correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s).
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5:00 p.m. on August 21, 2023.
Minutes of the Planning Commission Meeting
of the City of Rohnert Park
Thursday, July 13, 2023
6:00 P.M.
130 Avram Avenue, Rohnert Park
1. CALL TO ORDER
Commissioner Marc Orloff called the regular meeting to order at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Led by Acting Chairperson Commissioner Orloff.
3. READING OF THE LAND ACKNOWLEDGEMENT
The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards
of the land. Let it be acknowledged that the City of Rohnert Park is located within the
traditional homeland of the Federated Indians of Graton Rancheria, comprised of Coast
Miwok and Southern Pomo peoples.
4. ROLL CALL
Present: Marc Orloff, Commissioner
Fanny Lam, Commissioner
Charles Striplen, Commissioner
Absent: Tramaine Austin-Dillion, Chairperson
Matt Epstein, Vice Chairperson
5. PUBLIC COMMENT
None.
6. CONSENT CALENDAR - ADOPTION OF MINUTES
6.1 Approval of the Draft Minutes of the Planning Commission Meeting of June 22, 2023.
ACTION: Moved/Seconded (Striplen/Lam) to adopt the Minutes of the Planning Commission
Meeting of June 22, 2023.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, Striplen; and;
NOES: None; ABSENT: Austin-Dillion, Epstein; ABSTAIN: None.
7. AGENDA ITEMS
7.1 PUBLIC HEARING – (CONTINUED FROM THE JUNE 22, 2023 PLANNING
COMMISSION MEETING) - GENERAL PLAN AMENDMENT, SPECIFIC PLAN
AMENDMENT, DEVELOPMENT AREA PLAN AMENDMENT, DEVELOPMENT
AGREEMENT AMENDMENT, AND APPROVAL OF AN AMENDED TENTATIVE
MAP - PROJ22-0003, Ben VanZutphen/Penn Grove Mountain Willowglen – Consideration of
the following Resolutions recommending to the City Council amendments to the Southeast
Specific Plan Project. The project is located south of the Canon Manor Specific Plan Area, west
of Petaluma Hill Road, east of Bodway Parkway, and north of Valley House (Various APNS):
Jeffrey Beiswenger, Planning Manager, introduced Associate Planner, Elliott Pickett who
presented the Southeast Specific Plan staff report with a PowerPoint presentation. Beiswenger
also acknowledged the presence of Mary Grace Pawson, Director of Development Services, and
Marcela Piedra, City Manager.
Commissioner Orloff opened questions for Staff.
Commissioner Striplen asked if there were going to be any HOA’s as part of this development
and what would be the entry price.
Commissioner Lam asked for an explanation of the parkland in lieu of fees and Elliott explained
the Municipal Code formula for how to meet the parkland needs of residents.
Commissioner Orloff opened Public Hearing
Sarah Sparks, a Willowglen resident, was invited to the podium. Sarah Sparks who lives at 7706
Wildrose Way, read her statement concerning the Parks and Recreation Department’s approval
of the Builder’s plan to build more homes and pay a fee in lieu of building an additional park.
She stated that there was insufficient notice of the proposed plan and she did not receive a notice
that the developer proposed to pay a fee in lieu of building an additional park. Ms. Sparks
proposes an alternative to a pocket park for residents to walk and sit, by preserving a habitat
space located on the Northeast Corner of Phase 4, which houses native plants, birds, and other
mammals and would be accessible to persons with disabilities.
Commissioner Orloff invited the applicant Ben VanZutphen of Penn Grove Mountain LLC to
speak. Ken McNab, came to the podium in his his place. He represents Willowglen Homes, the
developer of this project. He thanked Elliott and Jeff for their work on the Willowglen Phase 4
report and Mary Grace Pawson for her guidance throughout the process. He stated that the
existing HOA will include the new lots and is looking forward to the Commission’s approval of
the project.
Commission Lam had no questions. Commissioner Striplen asked the Ken McNab to comment
on resident, Sarah Sparks’ concerns about the parkland. Ken stated that they concur with the
Parks and Rec’s Commission decision and that a pocket park would be too small to meet the
needs of the additional Willowglen residents.
Commissioner Orloff closed Public Hearing.
ACTION: Moved/seconded (Lam/Striplen) to adopt Resolution No. 2023-13
recommending City Council approval of amendments to the
General Plan for the Southeast Specific Plan Project.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, and Striplen;
NOES: None; ABSTAIN: None; ABSENT: Austin-Dillion and Epstein.
ACTION: Moved/seconded (Striplen/Lam) to adopt Resolution No. 2023-14
recommending City Council approval of an amended Specific Plan.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, and Striplen;
NOES: None; ABSTAIN: None; ABSENT: Austin-Dillion and Epstein.
ACTION: Moved/seconded (Striplen/Lam) to adopt Resolution No. 2023-15
recommending City Council approval of an amended Development Area Plan for the
Southeast Specific Plan Project.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, and Striplen;
NOES: None; ABSTAIN: None; ABSENT: Austin-Dillion and Epstein.
ACTION: Moved/seconded (Lam/Striplen) to adopt Resolution No. 2023-16
recommending City Council approval of an amendment to the Development Agreement
between the City of Rohnert Park and Penn Grove Mountain LLC for the Southeast
Specific Plan Project.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, and Striplen;
NOES: None; ABSTAIN: None; ABSENT: Austin-Dillion and Epstein.
ACTION: Moved/seconded (Striplen/Lam) to adopt Resolution No. 2023-17
recommending City Council approval of an amended Tentative Map and Conditions.
Motion carried by the following (3-0-2) roll call vote: AYES: Orloff, Lam, and Striplen;
NOES: None; ABSTAIN: None; ABSENT: Austin-Dillion and Epstein.
8. ITEMS FROM THE PLANNING COMMISSION
Commissioner Striplen stated that he has been appointed to the California Coastal Commission as an
Alternate and may have to miss some Planning Commission meetings.
Commissioner Lam had no comments.
Commissioner Orloff had no comments.
9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF
Planning Manager Beiswenger stated that there may not be a July 27th meeting and code amendments
would be presented to the Commission in August.
10. ADJOURNMENT
Chairperson Orloff adjourned the regular meeting at 6:38 p.m.
________________________________ ___________________________________
Chairperson Recording Secretary – Clotile Blanks
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AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs
accommodations should email the ADA Coordinator at jcannon@rpcity.org or by calling 707-588-2221.
The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as
much accessibility as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests. Information about reasonable accommodations is
available on the City website at:
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
CERTIFICATION OF POSTING OF AGENDA
I, Clotile Blanks, Community Development Technician, for the City of Rohnert Park, declare that the
foregoing notice and agenda for August 10, 2023, Planning Commission Meeting of the City of Rohnert
Park was posted and available for review on July 28, 2023, at Rohnert Park City Hall, 130 Avram
Avenue, Rohnert Park, California 94928. The agenda is available on the City of Rohnert Park’s website
at www.rpcity.org.
Signed this 28th day of July 2023 at Rohnert Park, California.
Clotile Blanks
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CITY OF ROHNERT PARK
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 10, 2023
Item No: 7.2
Prepared By: Elliott Pickett, Associate Planner
Jeffrey S. Beiswenger, AICP, Planning Manager
Agenda Title: Termination of the City’s moratorium on new or expanded automobile service
station uses, and amendments to the Municipal Code, the Northwest Specific
Plan, and the Wilfred Dowdell Specific Plan to permit hydrogen fueling stations
and clarify requirements for expedited electric vehicle charging station review.
Location: Citywide; all Commercial and Industrial Zoning Districts
RECOMMENDED ACTION: Based on the analysis and findings of this report and the attached
resolution, staff recommends that the Planning Commission, by motion, adopt Planning Commission
Resolution No. 2023-18 recommending that the City Council adopt an ordinance terminating the
City’s moratorium on new or expanded automobile service stations and amending Rohnert Park
Municipal Code Chapter 15.34 “Electric Vehicle Charging Station Review Process,” Section
17.070.20.C (Automotive Service Stations), Chapter 17.04 (Definitions), Section 17.06 (Land Use
Regulations), the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan, to permit
hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station
review pursuant to Government Code Section 65850.7.
BACKGROUND: At the January 25, 2022 meeting the Council adopted a 45-day moratorium on new
or expanded automobile service stations involving fuel sales, intended to provide time for staff to draft
the municipal code changes required to implement any Council direction. On March 8, 2022, the Council
enacted an extension to the ordinance for twenty-two (22) months and fifteen (15) days to provide
adequate time for review and possible amendment of zoning and other regulations (set to terminate on
January 23, 2024).
On March 22, 2023, the City Council adopted Ordinance 960 which:
(1)Amended zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service
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Stations) to prohibit the installation of any new petroleum fueling facilities or the expansion of
existing gas stations;
(2) Amended the Wilfred Dowdell and Northwest Specific Plans will ensure that the changes to
zoning code section 17.07.020 are fully implemented in these two specific plan areas;
(3) Amended zoning code section 17.06.840 (Sonoma Mountain Village Planned Development
Zoning District) to add a land use category of “Fueling Stations (Alternative Fueling only)” to
allow for alternative fuels while prohibiting new petroleum fueling facilities. The land use
category of “Fueling Station (including alternative fuels)” will remain in the land use table in
section 17.06.840 to reflect the SOMO Village, Development Agreement (DA) adopted by the
City in early 2021.
ANALYSIS: The moratorium should be terminated and new code provisions adopted based on changes
in law. With the adoption of Ordinance 960, the moratorium is no longer needed and the municipal code
is inconsistent with new state laws related to hydrogen fueling. As listed above, the City zoning
ordinance and specific plans have been amended to effectively ban all new gas stations and any potential
expansion of existing gas stations for the purposes of petroleum fueling.
Since the moratorium prevents the expansion of fueling stations and therefore prevents the installation
of new hydrogen fueling stations, the moratorium is inconsistent with SB 1291 (which became effective
January 1, 2023). This Senate Bill requires all jurisdictions to approve the installation of hydrogen-
fueling facilities with a ministerial process, similar to existing procedures for electric vehicle charging
stations. Under the provisions of this statute, the City’s review is limited to health and safety
requirements. A use permit can only be required if the station could have a specific, adverse impact upon
public health or safety, and the conditions would be limited to actions that mitigate the identified impact
at the lowest cost possible.
In addition, Assembly Bill 970 (which became effective January 1, 2023 for Rohnert Park and other
jurisdictions with fewer than 200,000 residents) requires jurisdictions to respond to applications for
electric vehicle charging stations within a specified time, as shown in Table 1.
Table 1 Electric Vehicle Charging Station – Review Requirements (AB 970)
Size Review Application Completeness Approve/ Deny Application
1-25 EV
Charging
Stations
Within 5 business days of application Within 20 business days of completeness
26+ EV
Charging
Stations
Within 10 business days of application Within 40 business days of completeness
SB 1291 and AB 970 require additional amendments to the municipal code and specific plans that were
not anticipated by Ordinance 960. The proposed ordinance will terminate the moratorium and
incorporate additional provisions related to hydrogen fueling and electric vehicle charging stations into
the Municipal Code and Specific Plans, including:
• Retitle Chapter 15.34 “Electric Vehicle Charging Stations Review Process” to “Electric
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Vehicle Charging and Hydrogen Fuel Station Permitting” and amend the section to encompass
both alternative fuel types and clarify required timelines to process electric vehicle charging
station applications;
•Amend Wilfred-Dowdell Specific Plan to add “Hydrogen Fueling Stations” to the list of
permitted uses;
•Amend the Northwest Specific Plan to add “Hydrogen Fueling Stations” to the table of
permitted uses;
•Amend the zoning ordinance (section 17.04.030) to include definitions for “Electrical Vehicle
Charging Station” and “Hydrogen Fuel Station;” and
•Amend the zoning ordinance (section 17.06.060) to include “Electrical Vehicle Charging
Station” and “Hydrogen Fueling Station” as permitted uses in the Commercial Zoning District
•Amend the zoning ordinance (section 17.06.100) to include “Electrical Vehicle Charging
Station” and “Hydrogen Fueling Station” as permitted uses in the Industrial Zoning District
•Amend the zoning ordinance (section 17.06.640) to include “Electrical Vehicle Charging
Station” and “Hydrogen Fueling Station” as permitted uses in the Commercial Overlay District
•Amend the zoning ordinance (section 17.06.840) to include “Electrical Vehicle Charging
Station” and “Hydrogen Fueling Station” as permitted uses in most transects in the SOMO
Village form-based code; and
•Amend the zoning ordinance (section 17.07.020 (Footnotes), C. (Automotive Service Station))
to include hydrogen fueling stations.
ENVIRONMENTAL REVIEW DETERMINATION: Termination of the moratorium and text
amendments to the municipal code and specific plans are not subject to CEQA pursuant to sections
15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378 of the CEQA
Guidelines, because it has no potential for resulting in a physical change to the environment, directly or
indirectly). Additionally, this action is exempt pursuant to CEQA Guidelines section 15308 (actions
taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance,
restoration, enhancement, or protection of the environment), and CEQA Guidelines section 15268
(processing and approval of ministerial projects).
PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this
hearing was published in the Community Voice on July 28, 2023, and the notice was posted pursuant to
State law.
STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission adopt the
resolution included as Attachment 1, which would recommend the City Council adopt an ordinance to
terminate the City’s moratorium on new or expanded automobile service station uses and amend the
Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan to permit hydrogen
fueling stations and clarify requirements for expedited electric vehicle charging station review pursuant
to Government Code Section 65850.7.
Planning Manager Approval Date: July 26, 2023
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Attachments (list in packet assembly order):
1. Resolution recommending City Council adoption of an ordinance terminating the moratorium
on the approval of new or expanded automobile service station uses and amending the Rohnert
Park Municipal Code, Northwest Specific Plan, and Wilfred Dowdell Specific Plan to permit
hydrogen fueling stations and specify electric vehicle charging station review timelines
pursuant to Government Code Section 65850.7.
Exhibit A: Proposed Amendments to the Rohnert Park Municipal Code
Exhibit B: Proposed Amendments to the Wilfred Dowdell Specific Plan
Exhibit C: Proposed Amendments to the Northwest Specific Plan
Exhibit D: Proposed City Council Ordinance
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PLANNING COMMISSION RESOLUTION NO. 2023-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
AN ORDINANCE TERMINATING CITY’S MORATORIUM ON NEW OR EXPANDED
AUTOMOBILE SERVICE STATION USES, AMENDING THE ROHNERT PARK
MUNICIPAL CODE CHAPTER 15.34 “ELECTRIC VEHICLE CHARGING STATION
REVIEW PROCESS,”, SECTION 17.04 (DEFINITIONS), SECTION 17.070.20.C
(AUTOMOTIVE SERVICE STATIONS), SECTION 17.06.060 (PERMITTED USES),
SECTION 17.06.100 (PERMITTED USES), SECTION 17.06.640 (PERMITTED USES),
SECTION 17.06.840 (PERMITTED LAND USES), THE NORTHWEST SPECIFIC
PLAN, AND THE WILFRED DOWDELL SPECIFIC PLAN, TO PERMIT HYDROGEN
FUELING STATIONS PURSUANT TO GOVERNMENT CODE SECTION 65850.7
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to
adopt local police, sanitary, and other ordinances not in conflict with general laws; and
WHEREAS, Government Code Section 65858 provides that a city legislative body may,
in order to protect public safety, health and welfare, adopt as an urgency measure an interim
ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan,
or zoning proposal that the legislative body is considering or studying or intends to study within
a reasonable time, provided such urgency measures are adopted by four-fifths vote of the
legislative body and include findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result in that
threat to public health, safety, or welfare; and
WHEREAS, On January 25, 2022, pursuant to Government Code section 65858,
following notice and a public hearing, the City Council adopted an Urgency Ordinance
establishing a 45-day moratorium on the approval of new or expanded automobile service station
uses involving sale of gasoline or diesel fuel products (the “Interim Ordinance”); and
WHEREAS, On March 8, 2022, pursuant to Government Code section 65858, following
notice and a public hearing the Interim Ordinance was extended for an additional period of 22
months and 15 days; and
WHEREAS, on March 22, 2022 the City Council adopted Ordinance 960 to: (1) amend
zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service Stations) to
prohibit the installation of any new petroleum fueling facilities, or allowing the expansion of
existing gas stations; (2) amend the Wilfred Dowdell and Northwest Specific Plans will ensure
that the changes to zoning code section 17.07.020 are fully implemented in these two specific
plan areas; amend zoning code section 17.06.840 (Sonoma Mountain Village Planned
Development Zoning District) to add a land use category of “Fueling Stations (Alternative
Fueling only)” to allow for alternative fuels while prohibiting new petroleum fueling facilities;
and
WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change
Element for the Rohnert Park General Plan, which documents that 67% of the greenhouse gas
emissions in Rohnert Park are associated with the transportation sector; and
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WHEREAS, California state law requires that all electric vehicle charging stations and
hydrogen fueling stations are permitted with ministerial approval processes; and
WHEREAS, changes to the Municipal Code that reduce fossil fuel use in the
transportation sector, and promote expansion of electric vehicle charging infrastructure,
hydrogen fueling stations, and greater adoption of electric and hydrogen vehicles are consistent
with State law and the City’s developing General Plan;
NOW THEREFORE, BE IT RESOLOLVED that the Planning Commission of the
City of Rohnert Park makes the following findings and determinations with respect to the
proposed amendments to the Rohnert Park Municipal Code and Specific Plans
Section 1. Recitals. The above recitals are true and correct.
Section 2. Environmental Review. The approval of this ordinance is exempt under
Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment, and also exempt under
Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is
no possibility that the adoption of this ordinance may have a significant effect on the
environment. Additionally, this action is exempt pursuant to CEQA Guidelines section 15308
(actions taken by regulatory agencies as authorized by state law or local ordinance to assure the
maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines
section 15268 (processing and approval of ministerial projects).
Section 3. Findings for Amendment of Northwest and Wilfred-Dowdell Specific
Plans. With respect to the findings required under section 17.06.390 of the Rohnert Park
Municipal Code and Government Code section 65454 for amendment of the Wilfred-Dowdell
Specific Plan and Northwest Specific Plan, having considered the materials in the staff report
and the testimony of the public and staff, the Planning Commission finds with respect to the
proposed amendments to each specific plan as follows:
1. Each specific plan amendment is consistent with the City's general plan.
Criteria Satisfied: Each of the specific plan amendments are consistent with both the
current 2020 General Plan and the proposed Climate Change policies with the draft 2040
General Plan. The majority (67%) of greenhouse gas emissions in Rohnert Park are
associated with the transportation sector and the draft Climate Change Element sets forth
goals and policies to reduce the City’s greenhouse emissions which include support for
broader adoption of alternative energy vehicles Changes to the specific plans that reduce
fossil fuel use in the transportation sector, and promote expansion of alternative
infrastructure are consistent with the draft General Plan. Additionally, the revisions are
simply to implement requirements for hydrogen fueling station permitting mandated by
state law.
2. Each specific plan amendment will not adversely affect the public health and safety or
result in incompatible land uses.
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Criteria Satisfied: The intent of the amendments to each specific plan is to improve the
city’s response to climate change which would result in the long-term benefit to public
health. Additionally, the revisions are simply to implement requirements for hydrogen
fueling station permitting mandated by state law.
3. Each specific plan amendment provides the framework to phase and pace growth within
the specific plan area so as to ensure completion of all necessary public facilities
concurrently with completion of the specific plan.
Criteria Satisfied: Each amendment does not impact the phasing of the respective specific
plans. The amendments do not impact the phasing of growth in each specific plan, and
the specific plan requirements under each plan with respect to phasing and pacing of
growth remain in place.
4. Each specific plan amendment identifies adequate financing mechanisms for the
infrastructure and public facilities required to support the development.
Criteria Satisfied: Each proposed amendment does not impact the financing mechanisms
of the respective specific plan.
5. Each proposed specific plan amendment will not create internal inconsistencies within
the specific plan and is consistent with the purpose and intent of the specific plan it is
amending.
Criteria Satisfied: Each specific plan amendment does not create internal inconsistencies,
and is being adopted to maintain consistency with the municipal code.
Section 4. The Planning Commission does hereby recommend that the City Council adopt
the Findings hereinabove; terminate the moratorium prohibiting the issuance of any entitlements
or permits for the sale of motor fuel, amend the Municipal Code as shown in Exhibit A, amend
the Northwest Specific Plan as shown in Exhibit B, and amend the Wilfred Dowdell Specific Plan
as shown in Exhibit C.
DULY AND REGULARLY ADOPTED on this 10th day of August, 2023 by the City of
Rohnert Park Planning Commission by the following roll call vote:
AYES: _____ NOES: _____ ABSENT:_____ ABSTAIN:_____
AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____
_________________________________________________________________
Chairperson, Rohnert Park Planning Commission
Attest: ________________________________
Clotile Blanks, Recording Secretary
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Exhibit A – Amendments to the Rohnert Park Municipal Code
Rohnert Park Municipal Code Section 15.34 (Electric Vehicle Charging Stations), is to be
retitled “Electric Vehicle Charging and Hydrogen Fueling Station Permitting” and amended to
read as follows:
15.34.010 Definitions.
The following words and phrases as used in this section are defined as follows:
A. "Electric vehicle charging station (EVCS)" or "charging station" means any means any of the
following:
1. Any level of electric vehicle supply equipment station that is designed and built in
compliance with Article 625 of the California Electrical Code, as it reads on the
effective date of the ordinance from which this chapter is derived, and delivers
electricity from a source outside an electric vehicle into a plug-in electric vehicle.
2. One or more electric vehicle charging spaces served by electric vehicle charger(s) or
other charging equipment allowing charging of electric vehicles. Electric vehicle
charging stations are not considered parking spaces.
B. "Electric vehicle (EV)" means an automotive-type vehicle for on-road use, such as passenger
automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and
the like, primarily powered by an electric motor that draws current from a rechargeable
storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in
hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the
California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks,
hoists, lifts, transports, golf carts, airline ground support equipment, "electric vehicle (EV)
charger" means off-board charging equipment used to charge an electric vehicle.
C. "Electric vehicle (EV) charger" means off-board charging equipment used to charge an
electric vehicle.
D. "Electric vehicle charging space (EV space)" means a space intended for future installation of
EV charging equipment and charging of electric vehicles.
E. "Electric vehicle infrastructure training program (EVITP)" means the training program
developed by automobile manufacturers, utilities, energy storage device manufacturers,
electrical contractors, state and local electrical inspectors, the national fire protection agency
and electrical workers that incorporates technical requirements, safety imperatives and
performance integrity for the installation of electric vehicle supply equipment or EV charging
stations, electric recharging points, charging points, as such program may be modified from
time to time.
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F. "Electric vehicle supply equipment (EVSE)" means the conductors, including the
ungrounded, grounded, and equipment grounding conductors and the electric vehicle
connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for the purpose of transferring energy between the premises wiring and
the electric vehicle.
G. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
H. "Electronic submittal" means the utilization of one or more of the following:
1. Electronic mail or email.
2. Through an online permitting system.
3. Facsimile.
I. "Electric vehicle (EV) checklist" means a document containing objective requirements for
the installation of an electric vehicle charging station and a process for electronic submittal of
permit applications. The content of the checklist requires the permit applicant to evaluate the
features of the existing electrical service such as rating in amperes, system voltage,
connected or calculated load, spare capacity in amperes, voltage and ampere rating of the
electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment,
location of the electric vehicle supply equipment, if ventilation is/or is not required, and
clearances of the charging equipment to comply with all applicable building and fire safety
laws. The checklist also assists the applicant in confirming that the location of the electric
vehicle supply equipment will comply with any vehicle clearance requirements in the city's
zoning ordinance.
J. “Hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to
vehicles according to industry codes and standards that is open to the public.
15.34.020 Purpose.
The purpose of this chapter is to provide an expedited, streamlined permitting process for
issuance of building permits for EVCS and hydrogen fueling stations as required by California
Government Code Section 65850.7.
15.34.030 Hydrogen fueling station requirements.
A. Notwithstanding anything in this code to the contrary, hydrogen-fueling stations shall be
considered a permitted use, provided that they are located on a parcel that satisfies either of
the following:
1. It is zoned for industrial or commercial development and does not contain any
residential units.
Page 3 of 23
2. It was previously developed with service station or similar establishment which offers
for sale or sells gasoline or other motor vehicle fuel to the public.
B. A hydrogen-fueling station shall meet all of the following, as applicable:
1. Safety and performance standards established by the Society of Automotive
Engineers and accredited nationally recognized testing laboratories.
2. Any rules established by the State Air Resources Board, Energy Commission, or
Department of Food and Agriculture regarding safety, reliability, weights, and
measures.
3. Guidance established by the Governor’s Office of Business and Economic
Development, as outlined in the Hydrogen Station Permitting Guidebook.
C. A hydrogen-fueling station must report hazard materials storage, as applicable, to the
Sonoma County Certified Unified Program Agency.
D. These provisions shall apply to the construction of new hydrogen fueling station, the
conversion of existing automobile service stations, or the expansion of existing automobile
service stations to add hydrogen fueling capabilities.
15.34.040 EVCS requirements.
A. All EVCSs shall meet applicable health and safety standards and requirements imposed by
the state and the city.
B. EVCSs shall meet all applicable safety and performance standards established by the
California Electrical Code as modified by this title, the Society of Automotive Engineers, the
National Electrical Manufacturers Association, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission
regarding safety and reliability.
C. Installation of electric vehicle charging stations and associated wiring, bonding,
disconnecting means and overcurrent protection devices shall meet the requirements of
Article 625, as may be subsequently modified, and all applicable provisions of the California
Electrical Code.
D. Installation of electric vehicle charging stations shall be incorporated into the load
calculations of all new or existing electrical services and shall meet the requirements of the
California Electrical Code. Electric vehicle charging equipment shall be considered a
continuous load.
E. As part of an application submittal, the applicant shall submit information sufficient to
demonstrate to the building official that the installation of an electric vehicle charging station
will not have specific, adverse impact to public health and safety and building occupants.
Verification by the applicant includes, but is not limited to: Electrical system capacity and
Page 4 of 23
loads; electrical system wiring, bonding and overcurrent protection; building infrastructure
affected by charging station equipment and associated conduits; areas of charging station
equipment and vehicle parking.
15.34.050 Applications and required documents.
A. All documents required for the submission of an expedited EVCS or hydrogen fueling station
application shall be made available on the city's website.
B. Applications for EVCS or hydrogen fueling station permits, and any supporting documents,
may be submitted by email, facsimile, or through an online permitting system.
C. An applicant's electronic signature shall be accepted on all forms, applications, and other
documents in lieu of a wet signature.
D. The city manager or designee shall implement an EV checklist with all of the requirements
for which EVCS shall comply to be eligible for expedited review.
E. The EVCS permit process, standard plans and checklist shall substantially conform to
recommendations for expedited permitting contained in the most current version of the
"Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission
Vehicles in California: Community Readiness Guidebook" as published by the Governor's
Office of Planning and Research, in effect at the time of permit application.
E. The hydrogen fueling station permit process, standard plans and checklist shall substantially
conform to recommendations for expedited permitting contained in the most current version
of the "Hydrogen Station Permitting Guidebook" as published by the Governor's Office of
Business and Economic Development, in effect at the time of permit application.
15.34.060 Permit review and inspection requirements.
A. An application for a building permit for an EVCS that satisfies the information requirements
in the checklist provided under Subsection 15.34.050(e) and (f), as determined by the
building official, shall be deemed complete.
B. If the building official receives an incomplete application, the building official shall issue a
written correction notice detailing all deficiencies in the application and any additional
information required to be eligible for expedited permit issuance.
1. This notice shall be provided no more than five business days after submission of the
application if the application is for at least 1, but not more than 25 electric vehicle
charging stations at a single site.
2. This notice shall be provided no more than ten business days after submission of the
application to the city, county, or city and county, if the application is for more than
25 electric vehicle charging stations at a single site.
Page 5 of 23
C. Upon confirmation by the building official of the application and supporting documentation
being complete, the building official shall review the application for an EVCS or hydrogen
fueling station. The building official's review of the application shall be limited to whether
the application meets local, state, and federal health and safety requirements.
1. The results of the review shall be provided no more than twenty business days after
submission of the application to if the application is for at least 1, but not more than
25 electric vehicle charging stations at a single site.
2. This notice shall be provided no more than forty business days after submission of the
application to the city, county, or city and county, if the application is for more than
25 electric vehicle charging stations at a single site.
D. The building official may deny the building permit if the building official makes a finding
based on substantial evidence that the EVCS or hydrogen fueling station could have a
specific, adverse impact upon the public health and safety, and may require application for a
conditional use under Chapter 17.25, Article I – Conditional Use Permits. The decision to
deny the building permit and require a use permit may be appealed to the building board of
appeals.
E. The city may not deny an application for a conditional use permit to install an EVCS or
hydrogen fueling station unless it makes written findings based upon substantial evidence in
the record that the proposed installation would have a specific, adverse impact upon the
public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact. The findings shall include the basis for the rejection of potential
feasible alternatives of preventing adverse impact.
F. Upon confirmation that the application is complete and that the EVCS or hydrogen fueling
station will not have a specific, adverse impact upon the public health or safety, the building
official shall approve the application and issue all the necessary permits and authorizations.
G. Any condition imposed on any application for an EVCS or hydrogen fueling station shall be
designed to mitigate the specific, adverse impact upon health and safety at the lowest
possible cost.
H. The city shall not condition approval of an application on the approval of a property-owner's
association, as defined in Section 4080 of the Civil Code.
I. EVCS and hydrogen fueling stations are subject to inspection in accordance with applicable
provisions of the California Building Code. Construction shall remain visible and able to be
accessed for inspection until approved.
J. If an EVCS or hydrogen fueling station fails inspection, a subsequent inspection shall be
required by the building official.
15.34.070 Contractor requirements for city-funded projects.
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A. All electrical vehicle infrastructure work on projects which are constructed with funds
provided or administered by the city, in whole or in part, shall be installed by contractors
holding the appropriate license classification required by the Contractors State License
Board, and electricians performing such work shall hold certification from the electric
vehicle infrastructure training program in accordance with the following:
1. All of the installation, commissioning, and maintenance of electric vehicle charging
stations, equipment and related infrastructure (the "EV work") shall be performed in
accordance with the following requirements:
a. At a minimum, one job-site supervisor or job-site foreman supervising the EV
work at each job site shall hold EVITP certification and be a licensed
electrician.
b. The EV work shall be performed only by duly licensed electricians.
Apprentices may assist.
c. A minimum of fifty percent of the licensed electricians performing the EV
work on each job site shall hold EVITP certification.
d. The ratio of journeymen to apprentices shall comply with applicable
requirements under state law.
e. No EVITP certification shall be required of apprentices.
f. All apprentices assisting on the EV work shall be registered in an
apprenticeship program compliant with California Department of Industrial
Relations regulations and approved by the Division of Apprenticeship
Standards, and which has a graduation rate of at least sixty percent.
2. Contractors performing EV work shall maintain written or electronic records
regarding the performance of EV work, including the names of all EVITP
electrician(s) who performed the EV work. Said records shall be made available to
EVITP, and/or city upon request.
Rohnert Park Municipal Code section 17.06.060 (Permitted Land Uses), identifying
permitted land uses in the Commercial Zoning District, is amended to read in its entirety as
follows:
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.
Page 7 of 23
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 C-O
District
C-N
District
C-R
District
Appliance Repair Service
* Minor (e.g., computers, televisions) P P
Amusement Center (e.g., miniature golf, golf driving range, bowling alley, cyber cafe) (B)
* Small (e.g., indoors; commercial shopping center) A A
* Large (e.g., indoors or outdoors; stand alone facility) C
Animal Hospital/Veterinary Clinic C C C
Antique Store P P
Arcade Games/Cybercafes (B) P/C P/A P/A
Automobile Service Station (C) C C
Bakery (Retail Sales) P(I) P P
Bank/Savings and Loan/Credit Union (see Drive-Through
Windows) (I)
P P P
Bar/Nightclub (R) C
Barber/Beauty Shop/Tanning Salon P(I) P P
Bath House/Spa C C
Bed and Breakfast Inn (D) C
Billiards Parlor (R) C
Broadcasting Studio C C
Car Title Loan Business C
Car Wash C C
Check Cashing Store P
Clubs and Lodges C C C
Commercial Filming Studio P C
Communication Facility (F) C/A C/A C/A
Convention Center C C
Cultural Institution (e.g., museums) C C C
Day Care Center (Nonresidential) C C C
Drive-Through Window (any use) (I) C
Drive-Through Window (pharmacy) (I) C C C
Dry Cleaning Outlet P P P
Electric Vehicle Charging Stations* (subject to the
provisions of Chapter 15.34)
P P P
Firearm Dealers and Firearm Ammunition Dealers (J) C
Florist P(I) P P
Food Store
* Convenience Store P P P
* Supermarket C P
Funeral Parlor/Mortuary C
Furniture Store
Page 8 of 23
* Small/Custom Order P P
* Large P
Hardware Store P P
Health Club A A A
Home Improvement Store P
Homeless Shelter (M)
* Small (6 or less persons) P P P
* Large (7 or more persons) P P P
Hospital C C
Hotel/Motel (No in-room food preparation unless applied
for and approved as part of project approval or separately.)
P
Hydrogen Fueling Station* (subject to the provisions of
Chapter 15.34)
P P P
Interior Decorator P P
Kennel (Commercial) (O) C
Laboratory
* In conjunction with a medical, dental or optical use P(I) P(I) P(I)
* As a primary use P
Laundromat P
Liquor Store (Off-Sale) (R) C C
Live Entertainment C C
Live/Work (P) C C
Massage Therapy (see Chapter 8.36) P P P
Medical Clinic P P P
Microbrewery with restaurant C C
Nursery (Horticulture) P
Office
* Professional and Administrative P P P
* Medical and Dental P P P
Paint Store A P
Parking Lot (Commercial) A C A
Pawn Shop C
Payday Loan Establishment P
Pharmacy (see Drive-Through Window) (I) (Does not
include a Medical Marijuana Dispensary, which is a
prohibited use within the City)
P(I) P P
Photography Studio P P
Printing and Blueprinting
* Small Copy Center P P P
* Print Shop P P
Private/Public Utility Facility (F)
* Minor Z/C Z/C Z/C
* Major C C C
Public Assembly A A A
Public Facility—Non-city owned or proposed (see also
Public Utility)
C C C
Public Facility—City owned or proposed (subject to
Planning Commission review on referral from City Council)
P P P
Recovery Facility
Page 9 of 23
* Small (6 or less persons) A A A
* Large (7 or more persons) C C
Recycling Facility (V)
* Reverse Vending Machines P P
* Small Collection Facility A A A
Religious Assembly C C C
Research and Development (Office Type Uses) P
Residential Care Facility
* Congregate Care/Assisted Living C C C
* Convalescent Hospital C C C
* Senior Housing (Independent Living) C C C
Residential uses as a part of a mixed use project when
located in the same building as a nonresidential use
C C C
Restaurant
* General P P P
* Fast Food (see also Drive-Through Window) (I) C C C
* Outdoor and Sidewalk Cafe (S) A A A
* Take Out/Delivery P P P
* With Bar and Live Entertainment (R) C C
Retail, General and Specialty P(I) P P
* Department or Big Box Retail P
Retail Warehouse Store (e.g., big box) P
School
* Elementary or Secondary C C
* High School C C
* Trade School C C
* College C
Sign Shop
* Small (e.g., typically located in a small office/retail
space)
P P P
* Large P C
Single Room Occupancy Living Unit Facility (Z) A
Single Room Occupancy Residential Hotel (Z) A
Studio (e.g., Dance, Martial Arts) P P P
Tailor P(I) P P
Tattoo/Piercing Studio C C
Telecom Center A
Temporary Use/Event (EE, see also DD)
• Arts and Crafts Show T T T
• Circus/Carnival T T T
• Flea Market/Swap Meet A A A
• Live Entertainment A A A
• Outdoor Exhibit T T T
• Recreation Event A A A
• Religious Assembly A A A
• Retail Sales T T T
• Seasonal Lot/Activity (e.g., Christmas trees, pumpkins) T T T
• Trade Fair T T T
Theater C
Page 10 of 23
Thrift Shop P P P
Tobacco store (retail or wholesale) and private smoker's
lounge when attached to a tobacco store (regulated by
Municipal Code Chapters 8.32 and 8.33)
C
Transit Facility C C
Upholstery Shop A A
Vehicular Dealerships/Rentals (incl. boats, RVs and Farm
and Construction Equipment (FF)
C
Vehicular Repair (including boats) (GG) C
Page 11 of 23
Rohnert Park Municipal Code section 17.06.100 (Permitted Uses), identifying permitted land
uses in the Industrial Zoning District, is amended to read in its entirety as follows:
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.
Page 12 of 23
Land Use Category I-L District
Adult Business (subject to the provisions and limitations of Chapters 8.37, 8.38, and 8.39)
(A)
C
Agricultural Processing (includes viticulture) C
Agricultural Services A
Aircraft Related Industry A
Animal Hospital/Veterinary Clinic A
Ambulance Service A
Appliance Repair Service P
Auto Parts Sales and Installation P
Automobile Service Station (C) C
Beverage Bottling Plant P
Boat Building P
Brewery/Distillery/Winery (R) A
Broadcasting Studio A
Car Wash P
Clubs and Lodges C
Commercial Filming Studio P
Communication Facility (F) C/A
Contractors' Storage Yard C
Convention Center C
Cooperage P
Cultural Institution (e.g. museums) C
Dairy Products Processing P
Day Care Center (Nonresidential) C(I)
Dry Cleaning Plant A
Electric Vehicle Charging Stations* (subject to the provisions of Chapter 15.34) P
Exterminator P
Food Processor C
Fuel Storage C
Funeral Parlor/Mortuary C
Health Club P(I)
Household Hazardous Waste Facility C
Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) P
Hydrogen Fueling Station* (subject to the provisions of Chapter 15.34) P
Kennel (Commercial) (O) C
Laundries/Linen Supply Service P
Light Manufacturing and/or Assembly (Laboratory requirements to Biosafety Levels 1 and
2)
P
Lumber Yard P
Massage Therapy (see Chapter 8.36) P(I)
Medical Laboratory A
Microbrewery
• with restaurant C
• without restaurant P
Nursery (Horticulture) P
Office A
Parking Lot (Commercial) C
Parcel Delivery Service P
Page 13 of 23
Personal Services
• As a Principal Use A
• As an Incidental Use I
Photographic Plant P
Printing and Blueprinting P
Private/Public Utility Facility (F)
• Minor Z/C
• Major C
Public Assembly C
Public Facility—Non-City owned or proposed (see also Public Utility) C
Public Facility—City owned or proposed (subject to Planning Commission review on referral
from City Council)
P
Publishing P
Recycling Facility (V)
• Reverse Vending Machines P
• Small Collection Facility A
• Large Collection Facility C
• Light Processing Facility C
Religious Assembly C
Research and Development (Laboratory requirements to Biosafety Levels 1 and 2 only) P
Restaurant (I)
• As an Incidental Use A
Retail Use
• As an Incidental Use A
Retail Warehouse C
School
• Trade School A
• High School C
Security Guard Residence I
Sign Shop P
Stone Works P
Studio (e.g. Dance, Martial Arts) A
Taxidermist A
Telecom Center A
Temporary Use/Event (EE, see also DD)
• Arts and Crafts Show T
• Circus/Carnival T
• Flea Market/Swap Meet A
• Live Entertainment A
• Outdoor Exhibit A
• Recreational Event A
• Religious Assembly A
• Retail Sales A
• Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) T
• Trade Fair T
Towing Service/Impound Yard A
Trucking Terminal (including moving and storage) A
Upholstery Shop P
Vehicular Dealerships/Rentals (incl. boats, farm and construction equip.) (FF) A
Page 14 of 23
Vehicle Repair/Body Shops (GG) P
Warehousing/Wholesaling P
Rohnert Park Municipal Code section 17.06.640 (Permitted Uses), identifying permitted land
uses in the Commercial Overlay District, is amended to read in its entirety as follows:
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 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 Additional Uses Permit in "C" Overlay
Amusement Center - Small (e.g., indoors; commercial
shopping center)
A
Antique Store P
Arcade Games/Cybercafes (B) P/A
Bakery (Retail Sales) P
Bank/Savings and Loan/Credit Union (see Drive-
Through Windows) (I)
P
Bar/Nightclub (R) C
Barber/Beauty Shop/Tanning Salon P
Bath House/Spa C
Billiards Parlor (R) C
Check Cashing Store P
Day Care Center (Nonresidential) C
Drive-Through Window (any use) (I) C
Dry Cleaning Outlet P
Electric Vehicle Charging Stations* (subject to the
provisions of Chapter 15.34)
P
Florist P
Food Store - Convenience Store P
Food Store - Supermarket P
Furniture Store - Small/Custom Order P
Furniture Store - Large P
Hardware Store P
Health Club A
Page 15 of 23
Home Improvement Store P
Hotel/Motel (No in-room food preparation unless
applied for and approved as part of project approval
or separately.)
P
Hydrogen Fueling Station* (subject to the provisions
of Chapter 15.34)
P
Interior Decorator P
Liquor Store (Off-Sale) (R) C
Live Entertainment C
Live/Work (P) C
Massage Therapy (see Chapter 8.36) P
Medical Clinic P
Microbrewery with restaurant C
Paint Store P
Pharmacy (see Drive-Through Window) (I) (Does not
include a Medical Marijuana Dispensary, which is a
prohibited use within the City)
P
Photography Studio P
Restaurant C
Restaurant - General C
Restaurant - Fast Food (see also Drive-Through
Window) (I)
C
Restaurant - Outdoor and Sidewalk Cafe (S) P
Restaurant - Take Out/Delivery P
Restaurant - With Bar and Live Entertainment (R) C
Retail, General and Specialty A
Retail, Department or Big Box l P
Tailor A
Tattoo/Piercing Studio A
Rohnert Park Municipal Code section 17.06.840 (Permitted Land Uses), Table 1, “Land
Uses,” identifying permitted land uses in the Sonoma Mountain Village Planned Development
Zoning District, is amended to read in its entirety as follows:
Table 1. Land Uses
P Permitted
CUP Conditional Use Permit Required
A Administrative Use Permit Required
* Uses marked with an asterisk are subject to the applicable provisions of Rohnert Park Municipal Code Chapter
17.07.
T3 T4 T5 T6 CS CP CB T7
A. RESIDENTIAL
Accessory Building P P P
Dwelling, Multifamily P P1 P1
Dwelling, Single Family P P
Page 16 of 23
Guest House P P
Home Occupancy A A A A
Large Family Daycare (9-14) P P P P P
Live-Work Unit P P P P
Manufactured/Mobile Home A CUP
Recreational Courts* P P
Row House P P2 P1,2
Small Family Daycare Home (8 or Less) P P P P
Temporary Use see Section 17.06.030 for all transects
Water Storage Cisterns P P P P P P P
B. LODGING
Bed & Breakfast Inn (up to 5 rooms) P P P
Hotel (no room limit) P P
Inn (up to 12 rooms) P P
School Dormitory P P P
C. OFFICE
Office2 CUP P P P P
D. RETAIL, GENERAL
Alcoholic Beverage Establishment* CUP CUP CUP
Cinema CUP P CUP
Commercial Recreation - Indoor* A P P CUP
Bar/Tavern/Night Club* CUP CUP CUP
Farmer's Market (daily or weekly, year-round) A A A A A A
Groceries, Specialty Foods A P P P
Kiosk A A A A A A
Liquor Store* CUP CUP CUP CUP
Live-Work Unit P P P P CUP
Mobile Home, RV and Boat Sales
Market Hall3 P P P P
Outdoor and Sidewalk Cafes* A P P P A
Paraphernalia Store CUP4 CUP5
Plant Nursery CUP A P
Push Cart P P P P A
Restaurant, Cafe, Coffee Shop A P P CUP A
Retail, General A P P CUP A
Smoking/Tobacco Store CUP5 CUP7 CUP
Theater/Performing Arts (for Movies, see
"Cinema")
CUP P P P CUP
E. CIVIC
Art, Public (fountains, statues, kinetic,
participatory)
P P P P P P P P
Page 17 of 23
Amphitheater (outdoor) CUP CUP CUP P/
CUP6
CUP CUP
Club, Lodge, Private Meeting Hall P P P CUP
Auditorium (indoor) A P P P CUP
Library, Museum, Art Gallery A P P P P
Parking, Surface Lot P P P P P P P
Parking, Structured A P P P P
Parks P P P P P P P
Recycling Facility A* A* A* A
Religious Assembly A A P P P CUP
Temporary Use/Event A A A A A A A
F. AGRICULTURE, FOOD & ANIMALS
Beekeeping - Commercial Roof (up to 10
hives)7
P P P P P
Beekeeping - Residential Yard (up to 2 hives) P P
Chickens (up to 2 hens; no roosters) P P A P
Crop Production, Horticulture, Orchard,
Vineyard
P A A
Domestic Animals P P P P
Domestic Animal Daycare A P P
Animal Rescue CUP CUP
Garden, Private or Community (less than 2
acres)
P P P P P P P
Garden, Private or Community (more than 2
acres)
A A A A A
Goats (up to 2 females; no males) P P A
Green Roof/Green Balcony P P P P P P P P
Greenhouse8 (commercial) CUP CUP CUP CUP CUP CUP CUP
Kennel CUP CUP
Plant Nursery CUP A P P
Slaughterhouse not allowed in any transect
Trees - Fruit or Nut P P P P P P P P
Vertical Garden/Green Wall P P P P P P
G. RENEWABLE ENERGY SYSTEMS
Solar Photovoltaic System (pole mounted) A P P P P
Solar Photovoltaic System (roof mounted) P P P P P P P P
Solar Water Heater (roof, wall or ground
mounted)
P P P P P P P
Wind Farm CUP
Windmill (horizontal axis - propeller type) P P P P
Windmill (vertical axis - cylindrical type) P P P P P P P P
H. SERVICES
Page 18 of 23
Adult Day Program A P P CUP P
Automated Teller Machine (ATM) - no drive-
thru
P P P P P
Bank, Financial Services P A P P P
Business Support Services P P P P P
Catering P P P P
Child Day Care Facility A P P CUP
Health Care Facility P A P P P CUP
Incinerator (waste, medical waste, cremation) not allowed in any transect
Laboratory - Animal Testing not allowed in any transect
Laboratory - Medical, Analytical and Research A A P P
Laundry, Coin-Operated P A
Laundry, Dry Cleaning Plant A A P
Maintenance Repair Service - Client Site
Services
P P P
Maintenance Repair Service - Equipment,
Appliances
P P P
Meals Assembly P P P P P
Media Production A P P P
Medical Service - Major P P CUP CUP
Medical Service - Minor CUP P P P P
Mortuary, Funeral Home A A A
Office - Business, Service, Government P P P P P
Office - Professional, Administrative,
Processing
A P P P
Personal Services P A P P P
Personal Services - Restricted A P P A
Printing and Publishing P P P P P
Seasonal Services CUP A
Storage - Outdoor Storage Yard CUP CUP A P
Storage - Warehouse/Indoor A P P
Studio - Art, Dance, Martial Arts, Music, etc. P P P P CUP
Veterinary Clinic, Animal Hospital CUP P P CUP
I. AUTOMOTIVE
Auto Vehicle Sales & Rental CUP
Carshare/Bicycleshare Stations P P P P P P
Electric Vehicle Charging Stations (subject to
the provisions of Chapter 15.34)
P P P P P P
Fueling Station (alternative fuels only)* CUP CUP
Hydrogen Fueling Station (subject to the
provisions of Chapter 15.34)
P P P P P P
Fueling Station CUP9
Page 19 of 23
Vehicle Services CUP CUP
J. CIVIL SUPPORT
Cemetery CUP
Public Safety Facility A A A A P CUP
Residential Care Facilities for the Elderly
(RCFE)
A A A CUP
Residential Care Facilities for the Chronically Ill
(RCFCI)
A A A CUP
Homeless Shelter* CUP CUP P
Telecommunication Facility CUP CUP CUP CUP CUP CUP
Transitional Housing CUP CUP CUP
K. EDUCATION
College CUP CUP CUP
Elementary School - Private CUP CUP CUP CUP
Elementary School - Public P P P P
Junior High and High School - Private CUP CUP CUP CUP
Junior High and High School - Public P P P P
Childcare Center A A A A P A
Research and Development (R&D) A P P P
School - Specialized Education and Training A A P P P P
L. INDUSTRY, MANUFACTURING AND WHOLESALE
Commercial Food Processing CUP CUP CUP
Furniture/Fixtures Manufacturing, Cabinet
Shop
P P P
Manufacturing/Processing - Light CUP CUP CUP P
Manufacturing/Processing - Heavy CUP CUP
Wholesale Operations A A P
1 Only allowed on the ground floor where shop front or gallery is not required.
2 For Live -work units, see the Residential category.
3 A single story building with a taller story of up to twenty-five feet is allowed for this use.
4 Paraphernalia stores are subject to Municipal Code 8.33.
5 Smoking/tobacco stores are subject to Municipal Code 8.32.
6 Permitted at Village Center Civic Space only. Requires CUP elsewhere.
7 Minimum twenty feet away from property line.
8 For residential greenhouse, see Accessory Building under Residential. Note that the minimum two-story requirement does
not apply to the greenhouse use.
9 Only if and when subject to an effective Development Agreement. Otherwise, the use is prohibited.
Page 20 of 23
Rohnert Park Municipal Code Section 17.07.020 (Footnotes), Subsection C, “Automobile
Service Station,” is amended to read in its entirety as follows:
C. AUTOMOBILE SERVICE STATION.
1. Service station uses may be permitted in indicated districts only with approval of a
conditional use permit and subject to the following provisions, with the exception of hydrogen
fueling stations permitted pursuant to Government Code section 65850.7 and Chapter 15.34. The
provisions of this section shall apply to all new service stations. The provisions of this section
shall also apply to the expansion of thirty percent or greater in floor area, or a remodeling or any
on-site development that would cost more, than fifty percent of the value of the improvements on
the parcel at the time of remodeling, excluding land value, except that the provisions prohibiting
the expansion, enlargement, reconstruction, or relocation of features related to the sale of
gasoline, diesel, or other motor vehicle fuels shall apply to all service stations. The provisions of
this section shall also apply to a service station which after being closed for more than one
hundred eighty days is to be reopened.
2. Combustion engine fuel sale uses prohibited.
a. No automobile service station may be established, or re-established for stations closed
in excess of 180 days, that involves the sale or distribution of gasoline, diesel, or other
motor vehicle fuels for use in vehicles with combustion engines. Hydrogen fueling
stations shall be permitted pursuant to Chapter 15.34.
b. All existing automobile service station uses involving the sale or distribution of
gasoline, diesel, or other motor vehicle fuels for combustion engines, shall not be
enlarged, extended, or moved to a different portion of the lot or parcel occupied by such
use, with respect to the portion of such use dedicated to the sale of gasoline or diesel, or
other motor vehicle fuels for use in combustion engines, including those site features
such as storage tanks, pumps, and fuel dispensers. However, this prohibition shall not
apply to hydrogen fueling stations permitted pursuant to Chapter 15.34.
3. Minimum site standards.
a. No service station shall be constructed or operated on a lot having a depth or width less
than one hundred fifty feet.
b. No building or structure (including canopies) shall be located within twenty feet from
any curb face, or within ten feet of any interior parcel. No service station building shall
be located nearer than thirty-five feet from any street property (such setback shall be
measured at the building foundation).
c. No facility for dispensing fuel, and no dispenser in which the same is or may be
located, shall be nearer than twenty feet from any property line nor nearer than thirty-five
feet from any parking space. Further, no dispenser, pump, or facility for dispensing fuel
shall be located on a residential street frontage serving as a secondary access to the
service station site.
Page 21 of 23
d. All outdoor storage shall be screened as provided for in this ordinance, however, a
display rack for automobile products no more than four feet wide may be maintained at
each dispenser area of a service station. If display racks are not located on dispenser
areas, they shall be placed within three feet of the principal building, and shall be limited
to one per street frontage. The location of display racks and vending machines shall be
specified by the use permit. The storage of inoperative vehicles is prohibited.
e. Gas tank vent pipes or venting equipment for other fuels shall be incorporated into the
structures and concealed from public view.
4. Site Development Standards.
a. If a lot upon which a service station is constructed or maintained abuts a residential use
or a residentially zoned parcel, a six foot high solid masonry wall shall be constructed
along the full length of each property line abutting such properties; provided, however,
such wall height shall be reduced to three feet adjacent to the front yard of each adjacent
residential property or residentially zoned property.
b. All restroom entrances, unless interior to a main building, shall be screened from the
view of all adjacent properties and streets by means of decorative screens six feet in
height. The bottom of such screens shall be raised no less than twelve inches and no more
than eighteen inches above the finished grade for visibility and ventilation. Public
restrooms that are accessible to the general public and physically handicapped shall be
provided during all hours that the service station is open to the public.
c. All outside trash, garbage, refuse and recycling storage areas shall be enclosed by a
gated masonry structure not less than six feet in height, ten feet in width (outside
dimension), and ten feet in length (outside dimension). Openings to the storage areas
shall be designed so as to prevent a view of trash or materials stored from the street or
adjacent properties. Provisions for adequate vehicular access for the collection of such
trash and materials shall be provided to and from such areas.
d. Provisions shall be made in the area where Class II flammable liquids may be spilled
to prevent liquids from flowing into the interior of the service station buildings. Such
provisions may include grading driveways, raising doorsills, or other equally effective
means. Crankcase drainings and flammable liquids shall not be dumped into sewers but
shall be stored in tanks or tight drums outside buildings in a designated screened area
until removed from the premises by a licensed disposal company.
e. Tanks installed for crankcase drainings shall be installed in accordance with the
requirements for flammable liquid storage. In addition thereto, drainage lines terminating
inside a building shall be equipped with a suitable trap or check valve.
f. Service stations constructed in areas that are predominantly of residential character
shall be designed to maintain a residential atmosphere.
Page 22 of 23
g. A water and air supply station, if provided for public use, shall be located out of traffic
flow areas and be shielded so to not create noise audible beyond the property line and
shall be kept in working condition.
h. Any loudspeaker system shall not be audible above daytime ambient noise levels
beyond the property boundaries. The system shall be designed to compensate for ambient
noise levels in the immediate area, and shall be directed away from, and not be located
within thirty feet of, any residential uses or residential districts.
i. Car wash facilities located next to residential uses or residential districts shall not be
operated between the hours of 10:00 p.m. and 7:00 a.m. More restrictive time
requirements may be established as a condition of any conditional use permit.
5. Landscaping standards.
a. Planters shall be installed and maintained adjacent to every street frontage for the full
length thereof except for driveways. The street frontage landscaping shall be bermed to
be of sufficient height to help screen the dispenser areas from passing motorists.
b. A planting area shall be installed and maintained at the intersection of property lines at
a street corner to conform to the radius of such corner; provided, however, at no time
shall such planting area be less than one hundred fifty square feet. All plants shall respect
the visibility triangle provided in this ordinance.
c. All planting areas shall be separated from adjacent asphalt paving by concrete curbing
at least six inches in height. The site shall be entirely paved, except for buildings and
landscaped areas.
d. Planters shall comply with the parking lot landscaping requirements of this ordinance.
e. All plants in any planter adjacent to a perimeter wall shall, when required by the
planning commission, be of a variety capable of growing to the height of such wall.
f. Permanent underground sprinkler systems shall be installed and maintained for every
landscaped area, and all such landscaped areas shall be planted and maintained in a neat,
orderly, and healthy manner.
6. Surface drainage. Flow lines shall be shown on all service station plans. Sheet flow
shall not be permitted across property lines. Surface runoff shall be carried under sidewalks into
the gutter or other drainage facility by means of a drainage structure approved by the city
engineer.
7. Utilities. All utilities, including electrical, telephone, C.A.T.V., and similar service
wires or cables which provide direct service to the property, shall, within the exterior boundaries
of the station property, be installed underground. Related electrical equipment, such as, but not
limited to, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets,
may be placed above ground if they are enclosed and screened by fencing and/or landscaping as
appropriate.
Page 23 of 23
8. Equipment. All hydraulic hoists and pits and equipment for lubrication, greasing,
automobile washing, and permitted repairs shall be enclosed entirely within a building.
9. Exterior lighting. All exterior lighting shall be so arranged and shielded as to prevent
any glare or reflection upon and cause any nuisance, inconvenience, or hazardous interference of
any kind with adjoining streets or properties.
10. Architectural control. All exterior walls should be constructed of rock, brick, stucco,
wood, treated metal or any combination thereof. All exterior elevations shall be compatible in
design with adjacent structures. Service bays should be oriented to have minimal visibility from
adjacent roadways. Service stations within shopping centers/business parks or similar complexes
shall be designed to reflect the architectural theme of the complex. Signage and exterior
elevations shall be subject to review and approval by the planning commission.
11. Access, parking, and circulation.
a. No such site shall have more than two driveways or means of access to any one street.
b. Each driveway shall be separated from adjacent residential property by a full height
curb extending at least five feet in length from the residential property line.
c. No driveway shall exceed a width of twenty feet at the sidewalk.
d. No driveway shall be permitted to encroach onto the return or curve of a street corner.
A distance of twenty feet, or more if needed for vehicle stacking distance, shall be
maintained between the return point and the beginning of the driveway depression.
e. Every service station shall have access to a collector or arterial standard street.
f. All deliveries shall be made on the service station site itself.
g. If a towing service is combined with a service station, a storage area completely
screened from public view, by a six foot high solid wall or fence, shall be provided at the
rear of the site. The size of the storage area, and extent of screening, shall be determined
through the use permit process. This area shall be added to the minimum lot size
requirements.
h. No vehicles, trailers, or campers on any service station premises may be advertised or offered
for sale. There shall be no permanently disabled, junked, or wrecked vehicles stored on site,
except in cases of a tow service. Towed permanently disabled, junked, or wrecked vehicles shall
be stored on-site no longer than one week and they shall be stored within the designated storage
area.
54 November 2014 Northwest Specific Plan
CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS
Land Use Category C-R
Amusement Center (e.g. miniature golf, golf driving
range, bowling alley, cyber cafe) (B)
Small (e.g., indoors; commercial shopping center) A
Large (e.g., indoors or outdoors; stand alone fa-
cility)C
Animal Hospital/Veterinary Clinic C
Antique Store P
Arcade Games/Cybercafes (B) P/A
Automobile Service Station (C) C
Bakery (Retail Sales) P
Bank/Savings & Loan/Credit Union (see Drive-Through
Windows) (I) P
Bar/Nightclub (R) C
Barber/Beauty Shop/Tanning Salon P
Bath House/Spa C
Billiards Parlor (R) P
Broadcasting Studio C
Clubs & Lodges C
Commercial Filming Studio C
Communication Facility (F) C/A
Convention Center C
Cultural Institution (e.g. museums) C
Day Care Center (Non-Residential) C
Drive-Through Window (any use) (I) C
Drive-Through Window (pharmacy) (I) C
Dry Cleaning Outlet P
Electric Vehicle Charging Station (see RPMC Chapter
15.34) P
Firearm Dealers and Firearm Ammunition Dealers (J) C
Florist P
Food Store
Convenience Store C
Supermarket C
Furniture Store
Small/Custom Order C
Table 5-1: PERMITTED USES
COMMERCIAL-R
Uses not shown are prohibited
unless determined by the
Planning Director to be
consistent with the Specific
Plan.
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
If the listed land use is
followed by a letter or a
section reference in
parenthesis, that number or
reference directs the reader to
the corresponding land use
footnote or special provision in
Municipal Code Sections
17.07.020 or 15.34.
Exhibit B
55
Northwest Specific Plan November 2014
CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS
Land Use Category C-R
Large C
Health Club A
Homeless Shelter (M)
Small (6 or less persons) P
Large (7 or more persons) P
Hotel/Motel (No in-room food preparation unless applied
for and approved as part of project approval or separate-
ly.)
P
Hydrogen Fueling Station (see RPMC Chapter 15.34) P
Interior Decorator P
Kennel (Commercial) (O) C
Laboratory
In conjunction with a medical, dental or optical
use P(I)
Laundromat
Liquor Store (Off-Sale) (R) C
Live Entertainment C
Massage Therapy (see Chapter 9.80 of Zoning Code) P
Microbrewery with restaurant P
Office
Professional and Administrative C
Medical and Dental C
Parking Lot (Commercial) C
Pharmacy (see Drive-Through Window) (I) (Does not
include a Medical Marijuana Dispensary, which is a pro-
hibited use within the City.)
P
Photography Studio P
Printing & Blueprinting
Small Copy Center P
Print Shop P
Private/Public Utility Facility (F)
Minor Z/C
Major C
Public Assembly A
Public Facility-Non-city owned or proposed (see also P
COMMERCIAL-R
Uses not shown are prohibited
unless determined by the
Planning Director to be
consistent with the Specific
Plan.
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
If the listed land use is
followed by a letter or a
section reference in
parenthesis, that number or
reference directs the reader to
the corresponding land use
footnote or special provision in
Municipal Code Sections
17.07.020 or 15.34.
61
Northwest Specific Plan November 2014
CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS
Land Use Category I-L
Agricultural Processing (includes viticulture) C
Agricultural Services A
Aircraft Related Industry A
Animal Hospital/Veterinary Clinic A
Ambulance Service A
Appliance Repair Service P
Auto Parts Sales & Installation P
Automobile Service Station (C) C
Beverage Bottling Plant P
Boat, RV, and Outdoor Storage Facility (E) C
Boat Building P
Brewery/Distillery/Winery (R) A
Broadcasting Studio A
Car Wash P
Clubs & Lodges C
Commercial Filming Studio P
Communication Facility (F) C/A
Contractors' Storage Yard C
Convention Center C
Cooperage P
Cultural Institution (e.g. museums) C
Dairy Products Processing P
Day Care Center (Non-Residential) C(I)
Dry Cleaning Plant A
Electric Vehicle Charging Station (see RPMC Chapter
15.34) P
Exterminator P
Food Processor C
Fuel Storage C
Funeral Parlor/Mortuary C
Health Club P(I)
Household Hazardous Waste Facility C
Household Services/Contractors (e.g. plumbing, painting,
electrical, interior decorating) P
Hydrogen Fueling Station (see RPMC Chapter 15.34) P
INDUSTRIAL
Uses not shown are prohibited
unless determined by the
Planning Director to be
consistent with the Specific
Plan.
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
If the listed land use is
followed by a letter or a
section reference in
parenthesis, that number or
reference directs the reader to
the corresponding land use
footnote or special provision in
Municipal Code Sections
17.07.020 or 15.34.
SEPTEMBER 2008 ROHNERT PARK WILFRED/DOWDELL VILLAGE SPECIFIC PLAN PAGE 18
Table 3.3-1
Permitted and Conditionally Permitted Uses*
Permitted Uses Conditionally Permitted Uses
Region-Serving Retail Sales
Examples:
•Department stores
•Furniture stores
•Appliance stores
•Hardware stores
•Paint stores
•Sporting goods stores
•Office supply stores
•Food stores
•Apparel and shoes
•Books and recorded music
•Home furnishings
•Kitchenware
•Jewelry, gifts and toys
•Personal care products
•Art and antiques
•Flowers
•Stationery and cards
•Computers and software
•Professional and medical/dental offices
•Personal services including hair and nail salons
Auto-Related and Outdoor Businesses
Examples:
•Auto sales, services and supply
•Service Station
Financial Services
Examples:
•Banks
•ATM facilities
•Brokerages
Outdoor Uses
Examples:
•Garden nursery with outdoor display and sales
Small Hotel/Motel (100 rooms or less) Large Hotels and Conference Facilities
(associated with a hotel)
Food Service
Examples:
•Sit-down restaurants
•Indoor and outdoor cafes
Coffee shops
Drive-Through Restaurant less than 5000 sq.-ft. in
area including play and accessory structures
Alcoholic Beverage Service in conjunction with
entertainment
Dining-Related Services
Examples:
•Live entertainment for dining patrons
Alternative Fueling Stations
•Hydrogen Fueling Stations
•Electric Vehicle Charging Stations
Commercial Recreation
Examples:
•Health clubs
•Skating rinks
•Movie theater
*Refer to the City’s Zoning Ordinance – C-R (Regional Commercial) District for uses not listed in the table.
Exhibit C
Page 1 of 6
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, TERMINATING THE MORATORIUM ON THE APPROVAL OF NEW
OR EXPANDED AUTOMOBILE SERVICE STATION USES AND AMENDING THE
ROHNERT PARK MUNICIPAL CODE CHAPTER 15.34 “ELECTRIC VEHICLE
CHARGING STATION REVIEW PROCESS,” SECTION 17.070.20.C (AUTOMOTIVE
SERVICE STATIONS), CHAPTER 17.04 (DEFINITIONS), SECTION 17.06 (LAND USE
REGULATIONS), THE NORTHWEST SPECIFIC PLAN, AND THE WILFRED
DOWDELL SPECIFIC PLAN TO PERMIT HYDROGEN FUELING STATIONS AND
SPECIFY ELECTRIC VEHICLE CHARGING STATION REVIEW TIMELINES
PURSUANT TO GOVERNMENT CODE SECTION 65850.7.
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to
adopt local police, sanitary, and other ordinances not in conflict with general laws; and
WHEREAS, Government Code Section 65858 provides that a city legislative body may,
in order to protect public safety, health and welfare, adopt as an urgency measure an interim
ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan,
or zoning proposal that the legislative body is considering or studying or intends to study within
a reasonable time, provided such urgency measures are adopted by four-fifths vote of the
legislative body and include findings that there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of additional entitlements would result in that
threat to public health, safety, or welfare; and
WHEREAS, On January 25, 2022, pursuant to Government Code section 65858,
following notice and a public hearing, the City Council adopted an Urgency Ordinance
establishing a 45-day moratorium on the approval of new or expanded automobile service station
uses involving sale of gasoline or diesel fuel products (the “Interim Ordinance”); and
WHEREAS, On March 8, 2022, pursuant to Government Code section 65858, following
notice and a public hearing the Interim Ordinance was extended for an additional period of 22
months and 15 days; and
WHEREAS, on March 22, 2022 the City Council adopted Ordinance 960 to: (1) amend
zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service Stations) to
prohibit the installation of any new petroleum fueling facilities, or allowing the expansion of
existing gas stations; (2) amend the Wilfred Dowdell and Northwest Specific Plans will ensure
that the changes to zoning code section 17.07.020 are fully implemented in these two specific
plan areas; amend zoning code section 17.06.840 (Sonoma Mountain Village Planned
Exhibit D
Page 2 of 6
Development Zoning District) to add a land use category of “Fueling Stations (Alternative
Fueling only)” to allow for alternative fuels while prohibiting new petroleum fueling facilities;
and
WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change
Element for the Rohnert Park General Plan, which documents that 67% of the greenhouse gas
emissions in Rohnert Park are associated with the transportation sector; and
WHEREAS, California state law requires that all electric vehicle charging stations and
hydrogen fueling stations are permitted with ministerial approval processes; and
WHEREAS, changes to the Municipal Code that reduce fossil fuel use in the
transportation sector, and promote expansion of electric vehicle charging infrastructure,
hydrogen fueling stations, and greater adoption of electric and hydrogen vehicles are consistent
with State law and the City’s developing General Plan;
WHEREAS, the proposed changes to the Rohnert Park Municipal Code (attached hereto
as Exhibit A), the Northwest Specific Plan (attached hereto as Exhibit B), and the Wilfred
Dowdell Specific Plan (attached hereto as Exhibit C) 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 August 8, 2023, the Planning Commission held a public hearing at which
time interested persons had an opportunity to 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 the Rohnert Park
Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan with
respect to hydrogen fueling stations and specify electric vehicle charging stations;
WHEREAS; the City Council received and considered the Planning Commission
recommendation on August 22, 2023 and conducted a Public Hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert
Park as follows:
Page 3 of 6
Section 1. The above recitations are true and correct.
Section 2. Findings. The City Council hereby makes the following findings with
respect to the adoption of this Ordinance:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
2.
Criteria Satisfied. Each of the specific plan amendments are consistent with both
the current 2020 General Plan and the proposed Climate Change policies with the
draft 2040 General Plan. The majority (67%) of greenhouse gas emissions in Rohnert
Park are associated with the transportation sector and the draft Climate Change
Element sets forth goals and policies to reduce the City’s greenhouse emissions which
include support for broader adoption of alternative energy vehicles Changes to the
specific plans that reduce fossil fuel use in the transportation sector, and promote
expansion of alternative infrastructure are consistent with the draft General Plan.
Additionally, the revisions are simply to implement requirements for hydrogen
fueling station permitting mandated by state law.
3. 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 improving the city’s
response to climate change, which would result in the long-term benefit to public
health. Additionally, the revisions are simply to implement requirements for hydrogen
fueling station permitting mandated by state law.
4. Each specific plan amendment is consistent with the City's general plan.
Criteria Satisfied. Each of the specific plan amendments are consistent with both the
current 2020 General Plan and the proposed Climate Change policies with the draft
2040 General Plan. The majority (67%) of greenhouse gas emissions in Rohnert Park
are associated with the transportation sector and the draft Climate Change Element
sets forth goals and policies to reduce the City’s greenhouse emissions which include
support for broader adoption of alternative energy vehicles Changes to the specific
plans that reduce fossil fuel use in the transportation sector, and promote expansion of
alternative infrastructure are consistent with the draft General Plan. Additionally, the
revisions are simply to implement requirements for hydrogen fueling station
permitting mandated by state law.
Page 4 of 6
5. Each specific plan amendment will not adversely affect the public health and safety
or result in incompatible land uses.
Criteria Satisfied. The intent of the amendments to each specific plan is to improve
the city’s response to climate change which would result in the long-term benefit to
public health. Additionally, the revisions are simply to implement requirements for
hydrogen fueling station permitting mandated by state law.
6. Each specific plan amendment provides the framework to phase and pace growth
within the specific plan area so as to ensure completion of all necessary public
facilities concurrently with completion of the specific plan.
Criteria Satisfied. Each amendment does not impact the phasing of the respective
specific plans. The amendments do not impact the phasing of growth in each specific
plan, and the specific plan requirements under each plan with respect to phasing and
pacing of growth remain in place.
7. Each specific plan amendment identifies adequate financing mechanisms for the
infrastructure and public facilities required to support the development.
Criteria Satisfied: Each proposed amendment does not impact the financing
mechanisms of the respective specific plan.
8. Each proposed specific plan amendment will not create internal inconsistencies
within the specific plan and is consistent with the purpose and intent of the specific
plan it is amending.
Criteria Satisfied: Each specific plan amendment does not create internal
inconsistencies, and is being adopted to maintain consistency with the municipal code.
Section 3. Environmental Review. The approval of this ordinance is exempt under
Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment, and also exempt under
Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is
no possibility that the adoption of this ordinance may have a significant effect on the
environment. Additionally, this action is exempt pursuant to CEQA Guidelines section 15308
(actions taken by regulatory agencies as authorized by state law or local ordinance to assure the
maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines
section 15268 (processing and approval of ministerial projects).
.
Page 5 of 6
Section 4. Amendment of Municipal Code. The City Council hereby terminates the
moratorium prohibiting the issuance of any entitlements or permits for the sale of motor fuel,
amends the Municipal Code as shown in Exhibit A.
Section 5. Amendment of Northwest Specific Plan. The City Council hereby amends
the Northwest Specific Plan as shown in Exhibit B.
Section 6. Amendment of Wilfred Dowdell Specific Plan. The City Council hereby
amends the Wilfred Dowdell Specific Plan as shown in Exhibit C.
Section 7. 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 8. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
This Ordinance was introduced by the Council of the City of Rohnert Park on August 22, 2023
and DULY AND REGULARLY ADOPTED on September 12, 2023, by the following Roll
Call Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
____________________________________
Samantha Rodriguez, Mayor
ATTEST:
____________________________________
Sylvia Lopez Cuevas, City Clerk
Page 6 of 6
APPROVED AS TO FORM:
____________________________________
Michelle Marchetta Kenyon, 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 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: