2025/11/25 Planning Coimmission Agenda Packet ROHNERT PARK PLANNING COMMISSION
REGULAR MEETING Thursday, November 13, 2025
Open Session: 6:00 P.M.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER Address: 130 Avram Avenue, Rohnert Park, California PUBLIC PARTICIPATION: The Rohnert Park Planning Commission welcomes your attendance, interest and participation at its regular meetings scheduled on the Second and Fourth Thursday of each month at 6:00 p.m. in the Council Chambers.
Members of the public are encouraged to observe the meeting on Cable Channel 26, by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the
agenda, or on agenda items if unable to comment at the scheduled time. Speakers are encouraged to complete a Public Comment card and submit it to the Secretary at the time of the meeting. This helps ensure an orderly and efficient meeting, but it is not required. Members of the public may also provide advanced comments by email at Planning@rpcity.org.
Comments are requested by 5:00 p.m. on the day of the meeting. Email comments must identify the Agenda Item Number in the subject line of the email. The emails will not be read for the record but will be provided to the Planning Commission. Please note that all emails sent to the Planning Commission are considered to be public records and subject to disclosure under the California Public
Records Act.
Planning Commission agendas and minutes may be viewed at the City’s website: www.rpcity.org 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).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally
limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. 1. REGULAR MEETING CALL TO ORDER AND ROLL CALL ( Orloff___ Lam___ Epstein___ Austin-Dillon___ Campbell___ )
2. 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.
3. PLEDGE OF ALLEGIANCE
4. INTRODUCTION OF INTERIM DEVELOPMENT SERVICES DIRECTOR MARIO LANDEROS 5. PUBLIC COMMENT – Persons who wish to speak to the Commission on any Consent Calendar item or an item that is not on the agenda may do so at this time. Each speaker will be allotted three minutes. Please see page 1 for details on how to submit public comments. 6. CONSENT CALENDAR – All items on the Consent Calendar will be considered together
by one or more action(s) of the Commission, whichever is applicable, unless any Commission
Member or anyone else interested in a consent calendar item has a question about the item. Commissioner Motion/Vote: ( Orloff___ Lam___ Epstein___ Austin-Dillon___ Campbell___ ) 6.1 Approval of the Draft Minutes of the Planning Commission Regular Meeting of August 28, 2025 (This action is not a Project under the California Environmental Quality Act (CEQA)) 7. REGULAR ITEMS 7.1 Conduct a Public Hearing to Consider Adopting a Resolution Recommending to the City Council Revisions to the Rohnert Park Municipal Code Title 1, Title 16, and Title 17 to Implement Housing Element Programs, Comply with State Housing Law, Implement Transit-Oriented Communities Policies, and Make Minor Technical
Amendments and Clarifications (CEQA Status: Consistent with the Negative Declaration for the Housing Element; Exempt from CEQA under Government Code Section 65583(c), Public Resources Code Section 21080.17, and CEQA Guidelines Section 15061(b)(3)) 1. Staff Report
2. Conduct a Public Hearing 3. Commission Discussion/Direction 4. Commission Motion to continue Item 7.1 to Thursday, December 11, 2025/Vote: ( Orloff___ Lam___ Epstein___ Austin-Dillon___ Campbell___ ) 7.2 Conduct a Public Hearing to Consider Adopting a Resolution Recommending the City Council to Amend the Zoning District on Multiple Properties at 5435 Snyder Lane from Commercial Office to High Density Residential Consistent with the 2023-2031 Housing Element Adequate Sites Program (CEQA: Statutory Exemption under Public Resources Code Section 21080.085(a))
1. Staff Report 2. Conduct a Public Hearing 3. Commission Discussion/Motion to Adopt Resolution 2025-007 Recommending the
City Council to Amend the Zoning District on Multiple Properties at 5435 Snyder Lane from Commercial Office to High Density Residential Consistent with the 2023-2031 Housing Element Adequate Sites Program (CEQA: Statutory Exemption under Public Resources Code Section 21080.085(a))/Vote: ( Orloff___ Lam___ Epstein___ Austin-Dillon___ Campbell___ )
8. ITEMS FROM THE PLANNING COMMISSION 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF 10. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated, depending on the pace at which the meeting
proceeds. If you wish to speak on an item under discussion by the Commission that appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public that is not on the agenda and may require Commission action shall be automatically referred to staff for investigation and disposition, which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the
agenda within the meaning of Government Code Section 54954.2(b), the Commission is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon.
AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to
disclosure that relate to each item of business referred to on the agenda is available for public inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928.
Electronic copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to
disclosure that are provided to all, or a majority of all, of the members of the Planning Commission regarding any item on this agenda after the agenda has been distributed will be made available for inspection at City Hall and on our website at the same time. Any writings or documents subject to disclosure that are provided to the Planning Commission during the meeting will be made available for public inspection during the meeting and on our website following the meeting.
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's 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 agenda was posted and available for review on November 7, 2025, 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 7th day of November 2025, at Rohnert Park, California.
Clotile Blanks
Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, August 28, 2025 6:00 P.M. 130 Avram Avenue, Rohnert Park
1. CALL TO ORDER AND ROLL CALL
Chairperson Orloff called the regular meeting to order at 6:00 p.m. Present: Marc Orloff, Chairperson
Fanny Lam, Vice Chair
Tramaine Austin-Dillon, Commissioner Tim Campbell, Commissioner Matthew Epstein, Commissioner
Absent: None
2. READING OF THE LAND ACKNOWLEDGEMENT
Read by Chairperson Orloff. 3. PLEDGE OF ALLEGIANCE
Led by Chairperson Orloff. 4. PUBLIC COMMENT None.
5. CONSENT CALENDAR – ADOPTION OF MINUTES 5.1 Approval of the Draft Minutes of the Planning Commission Regular Meeting of May 2, 2025
ACTION: Moved/Seconded (Austin-Dillon/Campbell) to approve the Minutes of the Planning Commission Regular Meeting of May 8, 2025. Motion carried by the following 5-0-0 roll call vote: AYES: Orloff, Lam Austin-Dillon, Campbell, Epstein; NOES: None; ABSENT: None.
6. AGENDA ITEM
6.1 PRESENTATION – An Informal Presentation on the General Plan 2040 Update.
General Plan Consultant Barry Miller delivered a presentation on the 2040 General Plan update. The presentation covered a status report, a draft timeline for the Environmental Impact Report (EIR), and the upcoming steps for the plan. Mr. Miller also provided an overview of what a
General Plan entails, including its key components, public outreach efforts, and previous
timelines. He indicated that a draft of the General Plan is expected to be published in early fall, followed by a review period for feedback and comments. A 45-day review period for the Environmental Impact Report is also planned. Mr. Miller noted that a Planning Commission meeting could be convened during the EIR review process and clarified that the General Plan
development will continue until it is ready for adoption.
7. CODE COMPLIANCE ACTIVITY UPDATE for 2024
Code Compliance Program Manager Eric Stephens provided an update on the improved tracking
of code cases, facilitated by increased collaboration with the Planning and Building Departments.
Amendments to Title 1 were adopted to establish a clearer process for managing complaints and
issuing notices. In 2024, the City launched an Unpermitted Food Vendor Task Force, and
increased enforcement efforts were undertaken regarding sidewalk obstructions and graffiti
abatement. The Code Compliance team continued to focus on issues such as shopping cart
removal, hazardous weed abatement, homeless-related concerns, and business license compliance.
8. ITEMS FROM PLANNING COMMISSION
.
9. ITEM FROM DEVELOPMENT SERVICES STAFF
Director Ali Giudice informed the Commissioners and staff that the Planning Commission
meeting scheduled for September 11, 2025, will be canceled.
10. ADJOURNMENT
Chairperson Marc Orloff adjourned the Planning Commission Meeting at 7:05 p.m.
_____________________________ ________________________________ Marc Orloff, Chairperson Clotile Blanks, Recording Secretary
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City of Rohnert Park
Planning Commission Report
Meeting Date: November 13, 2025
Item No: 7.1
Prepared by: Elliott Pickett, Senior Planner
Agenda Title: Consider Amendments to the Rohnert Park Municipal Code to Implement Housing Element Programs, Comply with State Housing Law, Implement Transit-Oriented Communities Policies, and Make Minor Technical Amendments and Clarifications (CEQA Status: Consistent with the
Negative Declaration for the Housing Element; Exempt from CEQA under Government Code Section 65583(c), Public Resources Code Section
21080.17, and CEQA Guidelines Section 15061(b)(3))
Location: Citywide
RECOMMENDED ACTION:
Conduct a public hearing, consider recommendations to the City Council on changes to Titles 1 (General Provisions), 16 (Subdivisions), and 17 (Zoning) of the Rohnert Park Municipal Code (RPMC), including Chapters 17.01, User’s Guide to the Zoning Ordinance, 17.02, General
Provisions, 17.04, Definitions, 17.06, Land Use Regulations, 17.07, Land Use Footnotes/Special Provisions, 17.10, Development Standards, 17.14, Fence Wall, and Landscape Standards 17.16, Off-Street Parking Requirements, and 17.25, and Administrative and Enforcement Procedures, to modify allowed land uses, procedures, standards, and definitions to implement Housing Element
Programs, comply with State housing law, implement the regional transit-oriented communities
policy, and to make minor amendments and clarifications, provide direction to staff to finalize a resolution recommending the municipal code amendments, and continue the public hearing to December 11, 2025.
BACKGROUND:
State Housing Law
The State has defined the housing shortage in California as an issue of statewide significance and has passed laws in recent years intended to increase the supply of various housing types. The City’s Housing Element, adopted by the City Council in January 2023, analyzed discrepancies between
the municipal code and state housing law and committed to bring the code into compliance. The
primary purpose of the proposed code amendments is to implement this commitment.
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Relevant changes to State law include the following:
1. More residential uses are allowed “by right,” as follows:
• Housing developments when located on low-income sites identified in multiple housing elements, or rezoned to meet affordable housing needs identified in the housing element (AB 1397, 2017);
• Low Barrier Navigation Centers (a specific type of shelter) when located in zones
where multifamily or mixed use development are permitted (AB 101, 2019); and
• Supportive housing in all zones where multifamily and mixed-uses are permitted. (AB 2162, 2018).
A “by right” residential project cannot be required to obtain discretionary approvals, such
as a conditional use permit or discretionary design review. If a project requires a
subdivision, typical subdivision approval processes still apply.
2. Updates to State Density Bonus Law, as follows:
• Increased density bonus and added extra incentives for 100% affordable housing
projects, provided for increased height near transit (AB 1763, 2019);
• Increased maximum density bonus to 50% and decreased parking requirements (AB 2345, 2020);
• Increased density bonus for 100% affordable housing projects in very low vehicle
travel areas (AB 2334, 2022); and
• Added a second density bonus that can be used in addition to the primary density bonus (AB 1287, 2023).
3. Changes to requirements for Accessory Dwelling Units (ADUs):
• A separate Certificate of Zoning Compliance cannot be required for ADUs
(Government Code 66311);
• Lots with existing multifamily dwellings are now allowed up to eight detached ADUs, not to exceed the number of existing units on the lot (SB 1211, 2024);
• Size of ADUs are now mainly measured by interior livable space, instead of gross square footage (SB 543, 2025); and
• Junior ADUs (JADUs) that do not share sanitation facilities (restrooms) with the primary unit are no longer subject to owner-occupancy requirements (AB 1154,
2025).
4. Expanded State Enforcement:
• AB 72 (2017), AB 68 (2019), and AB 434 (2023) expanded the authority of the
California Department of Housing and Community Development (HCD) and the
Attorney General to monitor and enforce compliance with state housing law.
Technical Corrections and Minor Changes
The City’s last comprehensive update to the Zoning Code was in 2003. Individual sections of the code have been amended since that date. The code currently contains errors or omissions
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inadvertently codified during previous amendments. Several sections of the code also contain unclear or unenforceable language, outdated references, or requirements located in incorrect
chapters. The proposed code amendments include technical corrections and minor changes to
increase clarity and useability of the code.
Land Use Footnotes
The code currently includes a section titled “Land Use Footnotes,” which includes numerous
zoning regulations and is difficult to use and reference. The proposed code amendments create
new more easily accessible code sections and delete outdated regulations.
Transit-Oriented Communities (TOC) Policy
In 2022, the Metropolitan Transportation Commission (MTC) adopted Transit-Oriented Communities (TOC) to support the region’s transit investments and advance the goals of Plan Bay Area 2050. The TOC Policy applies to the half-mile area around certain transit stops, including
local SMART stations. In these areas, the TOC Policy establishes requirements related to density, affordable housing, parking management, and multimodal access. While compliance with the TOC Policy is voluntary, eligibility for future One Bay Area Grant (OBAG) funding cycles will be based on level of compliance with the TOC Policy.
OBAG funds are an important source of regional dollars to implement transportation
improvements and planning. In the past three rounds OBAG funded $941 million across the region. The next round of OBAG funds, OBAG 4, is planned for 2026. The City’s consistency with the TOC Policy requirements will be considered as part of OBAG 4 funding decisions. In the past three rounds, Rohnert Park secured over 6.5 million dollars of OBAG funds to support street preservation and rehabilitation, bicycle and pedestrian improvements, and studies for the proposed
Copeland Creek bicycle and pedestrian overcrossing at Highway 101.
Staff have been working with MTC to document policy areas where the City is currently in compliance with the TOC policy. The proposed code amendments include one change related to increasing bicycle parking requirements which would increase the City’s compliance with the TOC
policy and eligibility for OBAG funding.
ANALYSIS:
Staff have prepared proposed municipal code amendments to address the City’s Housing Element commitments, State housing law, technical corrections and minor changes, and the Transit-Oriented Communities (TOC) Policy. A summary of the proposed code amendments, organized
by chapter, is included as Attachment 1 to the staff report. The full text of the proposed code amendments is found in Attachment 2, Exhibit A, and the proposed amendments are analyzed below.
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Amendments to the Zoning Ordinance
Title 17 (Zoning) of the Rohnert Park Municipal Code (RPMC) outlines permitted land uses,
development and operational standards, and administrative procedures.
Definitions:
RPMC Chapter 17.04 provides the foundation for the implementation of the Zoning Ordinance. Several terms within this section must be defined or clarified to comply with state law. In addition
to these required changes, the proposed amendments include the addition of definitions where none
currently exist. These changes would ensure compliance with state housing law and would provide clarity for business owners, community members, and staff on what uses are permitted within a given area.
Permitted Uses:
RPMC Chapter 17.06 outlines permitted land uses for each zoning district. Certain land uses must
be added or changed to comply with State law and Housing Element commitments as described
above. The proposed amendments include the following changes:
• Add Low-Barrier Navigation Center as a permitted use in zones permitting multifamily and mixed-use development;
• Retitle “Homeless Shelter” to “Emergency Shelter” to align with State law;
• Remove the OS-ARM District that does not apply to any parcels;
• Change accessory dwelling units (ADUs) from permitted with a certificate of zoning compliance to permitted;
• Change manufactured housing from permitted with a certificate of zoning compliance to permitted; and
• Identify additional applicable standards by land use category.
These changes would ensure compliance with state housing law, implement Housing Element
commitments, and streamline approval of certain types of affordable housing, as required.
Land Use Footnotes:
RPMC Chapter 17.07 (Land Use Footnotes) currently contains a variety of regulations, processes,
clarifications, and references. The organization of this section is difficult to reference and
implement. As part of the proposed code amendments, this section would be modified as follows:
• Retitle Chapter 17.07 to “Site and Use Provisions;”
• Create new Chapter 17.08, “Housing Regulations,” for housing regulations currently
included within Chapter 17.07;
• Move provisions currently in Chapter 17.07 to more relevant sections of the code;
• Remove provisions currently located within Chapter 17.07 when duplicative, obsolete, or unenforceable; and
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These changes would make the Zoning Code more accessible for developers, business owners, community members, and staff by removing sections that are no longer relevant, consolidating
housing requirements within a dedicated chapter, and creating a specific, referenceable section for each set of requirements. With the proposed changes, applicants would be able to better locate and understand the requirements for their projects, providing additional surety and transparency.
By Right Review Process:
RPMC Chapter 17.25 Article III outlines the procedures for Site Plan and Architectural Review.
Currently, all applications for Site Plan and Architectural Review are reviewed against subjective findings, including findings of neighborhood compatibility and enhancement. These findings are not objective and could not be applied to projects eligible for a by-right processing procedure. The proposed amendments would create an alternative “by right” review process to meet state requirements.
A “by right” review process can only require that an application conform to the objective criteria within the Zoning Code, Design Guidelines, and any other applicable plans or standards, such as those within the Central Rohnert Park PDA Plan.
Pursuant to State law, the following types of development are eligible for a by-right review process.
• Housing development projects on lower-income sites identified in multiple Housing Elements, as shown in Figure 1 below, if 20% of units are affordable to lower-income
households;
• Housing development projects on lower-income sites identified for rezoning in the Housing Element, as shown in Figure 2 below, if 20% of units are affordable to lower-
income households;
• Supportive Housing meeting all requirements of Government Code Section 65651(a); and
• Low Barrier Navigation Centers.
The City may be required to use a by-right process for additional types of development applications in the future. For example, the City has not yet been subject to the Streamlined Ministerial Approval Process created by SB 35 (2017) for jurisdictions not making sufficient progress on their
RHNA, but this applicability is redetermined annually. Should the City be subject to this requirement, or other State streamlining requirements, having a procedure in the Zoning Code
would provide clarity on how to process these applications.
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Figure 1: Housing Element Sites for Low-Income RHNA Used in Multiple Planning Periods and Subject to By-Right Requirements if 20% of Units are
Affordable
Figure 2: Housing Element Sites for Lower-Income RHNA Identified for Rezoning and Subject to By-Right Requirements if 20% of Units are
Affordable
While state law sets forward the requirement for by-right processing of certain applications, state law does not define the exact process for these applications. These applications can be processed at the staff level, either in conjunction with building permit review, or as a separate administrative planning application. While projects could technically be taken to the Planning Commission for
review, the timeframe within which the City needs to make decisions on these applications does
not allow time to agendize and schedule a meeting on the applications. Further, these projects cannot be denied for subjective reasons like “character” or “compatibility”, only reviewed against objective code standards.
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Staff recommends establishing an Administrative Planning Review application process, as it is most suited to align with the state’s processing timelines and requirements. Review with a building
permit application is not recommended as new procedures would need to be added to the building
permit review process, and the project and timeline would be overseen by building division staff.
If the City does not officially approve or deny a housing development project within specified timelines, the project is considered automatically approved, even if it is inconsistent with City
standards. The proposed Administrative Planning Review option would allow the Planning
Division the most oversight over the project review process and timeline, reducing risk to the City.
Site Plan and Architectural Review:
In addition to the new by-right process, the proposed amendments include objective findings for residential projects that go through a typical Site Plan and Architectural Review process. These amendments implement a Housing Element program.
These changes would ensure compliance with state housing law, implement Housing Element
commitments, and streamline certain required types of affordable housing.
Through the implementation of another Housing Element program, the City is working towards the adoption of a more complete set of objective design and development standards, which will
allow City decisionmakers a venue for more input in and control over the design of projects as
State laws continue to expand the list of projects eligible for by-right processing.
Emergency Shelter and Low Barrier Navigation Center Standards:
The City's existing Emergency Shelter ordinance required significant updates to align with current State law requirements. The previous ordinance, which used the outdated term "homeless shelter," contained numerous subjective standards that no longer complied with State regulations. The
proposed revisions to this section include the following changes:
• Replace the term “homeless shelter” with “emergency shelter” in accordance with State law terminology;
• Incorporate provisions for "low barrier navigation centers" as required by State law; and
• Establish objective standards for both emergency shelters and low barrier navigation centers that comply with applicable State laws.
The 2023 Housing Element evaluated the need for emergency shelter space in Rohnert Park. Based on this evaluation, it was determined that the Regional Commercial (C-R) zone has
adequate and appropriate space to accommodate Rohnert Park’s emergency shelter need. Emergency shelters are currently permitted or conditionally permitted in Commercial, Mixed Use, Residential, and Public/Institutional zones, certain Planned Development and Specific Plan
zones, as well as being permitted on church sites.
As discussed above, the City has less discretion over how emergency shelters are approved and operated. Since there are ample and appropriate sites that permit emergency shelters in multiple zoning districts within the City, staff believes it is appropriate to remove emergency shelters as a permitted use from residential zones.
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Staff notes that there are no small emergency shelters in Rohnert Park, and one existing interim housing facility (Labath Landing).
These changes would ensure compliance with state housing law, implement Housing Element commitments, provide clarity and transparency around requirements for shelters, and facilitate the smooth and successful establishment and operation of these essential facilities in appropriate areas.
Transit-Oriented Communities (TOC) Policy
The City’s existing bicycle parking standard for multifamily residential development is for one
bicycle parking space per four residential units. The proposed code amendments would increase that requirement to one bicycle parking space for every residential unit. These spaces could be located at a secure bicycle rack or within a lockable garage or bicycle storage room.
These changes would increase the City’s compliance with the Metropolitan Transportation Commission TOC Policy, increasing the likelihood of funding eligibility for future OBAG grants,
which support planning and implementation of transportation infrastructure projects.
Technical Corrections and Minor Changes:
The proposed amendments also include several smaller changes, clarifications, and technical amendments, including the following:
• Correct typos and replace information missing due to clerical errors in previous
ordinances.
• Move existing standards into more applicable chapters;
• Remove or amend sections that are now unenforceable under state law;
• Renumber code references to ensure internal consistency;
• Provide additional flexibility into parking standards section; and
• Streamline extensions for site plan and architectural review approvals.
These changes would increase clarity about zoning requirements, ensure standards can be more easily found and understood by developers, business owners, and other interested parties, and allow for streamlining and flexibility. These changes would also enable the City to allow and regulate land uses that had inadvertently been removed from the code.
While future amendments will be needed to continue adding clarity around allowed land uses and standards, the proposed changes would be an impactful step in improving the City’s ability to
implement the Zoning Code in a consistent and streamlined manner.
Amendments to General Provisions Title and the Subdivision Ordinance
While most of the proposed code changes are located within Title 17 (Zoning), as outlined above,
several other sections of code reference Title 17 and must be amended to include the correct references. Specifically, the proposed code amendments include amendments to RPMC Sections 1.16.010, 16.10.030, and 16.14.035, updating references to align with the reorganization within Title 17.
These proposed changes would ensure the municipal code remains internally consistent and that
requirements are clear.
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Together, the proposed municipal code amendments would ensure that the City is compliant with state law, implementing its Housing Element, and increasing eligibility for state funding, and
would provide clarity and streamlining opportunities that provide an increased level of certainty
and understanding for applicants and community members.
ENVIRONMENTAL ANALYSIS:
Changes to Title 17 (Zoning) which implement the City’s adopted Housing Element, including
changes to certain allowed land uses and permitting levels, are statutorily exempt pursuant to Public Resources Code 21080.085, which exempts rezoning that implements the schedule of actions contained in an approved housing element pursuant to Government Code Section 65583(c).
Additionally, these amendments are consistent with the Negative Declaration adopted with the
City’s Housing Element on January 24, 2023 (SCH #2022110553).
The amendments to accessory dwelling unit regulations within this proposed ordinance are statutorily exempt pursuant to Public Resources Code Section 21080.17 which exempts adoption of an ordinance to implement regulations for accessory dwelling units pursuant to Government
Code Section 65852.2.
Additionally, a number of the changes are made to comply with State law, with the City must already implement. The changes also include technical corrections and minor changes. These changes are exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that would have a significant effect on the environment.
PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice on October 24, 2025, and the notice was posted pursuant to Government Code Section 65854.
Attachments:
1. Summary of Proposed Municipal Code Amendments
2. Resolution 2025-06 Recommending Approval of Municipal Code Amendments
a. Exhibit A: Proposed Municipal Code Amendments
Page 1 of 2
Attachment 1. Summary of Proposed Code Amendments
The proposed Municipal Code Amendment packet includes changes to several sections of the
Municipal Code, mainly within Title 17 (Zoning), as outlined below. Each symbol identifies the
purpose(s) for a given change.
Categories
������� Implement Housing Element/ State Housing Law
• Address local housing needs
• Remain in compliance with state housing law and our commitments
�����Technical Corrections and Code Cleanup
• Updating definitions to match current law and be clear
• Rearranging code sections for easier implementation
• Removing/clarifying unenforceable provisions of code
�������� Implement Transit-Oriented Communities Standards
• Ensure continued eligibility for State grants
• Promote transit-oriented development
Proposed Changes
Title 1 and Title 16
• Update section references to match updated code sections�����
Chapter 17.01, User’s Guide to the Zoning Ordinance
• Update section references to match updated code sections, fix clerical errors, clarify
applicability of state law �����
Chapter 17.02, General Provisions
• Fix clerical errors�����
Chapter 17.04, Definitions
• Add definitions for new housing types and processes �������
• Update definitions to align with state law �������
• Add or edit a number of missing/unclear definitions�����
Chapter 17.06, Permitted Uses
• Add Low-Barrier Navigation Center as a permitted use in multifamily/mixed-use zones�������
• Add Supportive Housing as a listed permitted use in multifamily/mixed-use zones�������
Page 2 of 2
• Retitle “Homeless Shelter” to “Emergency Shelter” to match state law �������
• Modify the inclusion of homeless shelters as permitted uses as allowed by state law �����
• Remove Cert. of Zoning Compliance requirement for ADUs/Manufactured Housing �������
• Remove AUP requirement for Density Bonus�������
• Remove the OS-ARM District that does not apply to any parcels������������
• Remove Religious Assembly as its own use; include under other assembly uses�����
• Allow family day care up to 14 children without a CUP per state law�����
• Simplify Temporary Uses sections �����
• Make technical corrections to fix errors from previous ordinances �����
• Update section references to match updated code sections �����
Section 17.07, Land Use Footnotes
• Update Density Bonus, Accessory Dwelling Unit, and Homeless Shelter sections to align
with state law�������
• Reorganize and number of sections for easier implementation; update references to match
updated code sections�����
• Remove or update obsolete/unenforceable sections �����
Section 17.10, Development Standards
• Update section references to match updated code sections �����
• Remove unenforceable sections �����
Section 17.14, Fence, Wall, and Landscape Standards
• Move landscape standards here from parking standards section �����
Section 17.16, Off-Street Parking Standards
• Align parking requirements for certain residential uses with state law allowances �������
• Clarify wording for easier implementation �����
• Provide flexibility for parking requirements�����
• Increase bike parking requirements for residential development��������
Section 17.25, Administrative and Enforcement Provisions
• Update required findings for residential projects �������
• Incorporate Temporary Conditional Use Permit requirements from elsewhere in code�����
• Streamline SPAR extension process�����
• Add Article XV for by-right processing provisions �������
PLANNING COMMISSION RESOLUTION NO. 2025-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE ROHNERT PARK MUNICIPAL CODE TITLE 1 (GENERAL PROVISIONS), TITLE 16 (SUBDIVISIONS), AND TITLE 17 (ZONING) OF THE ROHNERT PARK MUNICIPAL CODE (RPMC) TO IMPLEMENT HOUSING ELEMENT PROGRAMS, COMPLY WITH
STATE HOUSING LAW, IMPLEMENT TRANSIT-ORIENTED COMMUNITIES POLICIES, AND MAKE MINOR TECHNICAL AMENDMENTS AND CLARIFICATIONS WHEREAS, the California Legislature has found that “California has a housing supply
and affordability crisis of historic proportions (Government Code Section 65589.5.); and
WHEREAS, to comply with State Housing Element Law, the City adopted its Housing Element 2023-2031 on January 23, 2023, which was subsequently certified in compliance with State Housing Element Law on March 20, 2023; and
WHEREAS, the Housing Element includes a schedule of actions to implement adopted
policies and programs to address the City’s housing needs; and
WHEREAS, the proposed amendments would implement the adopted schedule of actions and amend the municipal code to comply with State Housing Law, including compliance with Accessory Dwelling Unit (ADU) law, State Density Bonus Law (SDBL), and allowing by-right development on certain identified Housing Element sites; and
WHEREAS, the proposed amendments include technical corrections and minor changes
which would make the zoning ordinance more accessible, enforceable, clear, and streamlined; and
WHEREAS, the Metropolitan Transportation Commission (MTC) adopted the Transit-Oriented Communities (TOC) Policy on September 28, 2022; and
WHEREAS, the TOC Policy incentivizes certain land use and zoning policies to support
the region’s transit investments and implement key GHG reduction strategies from Plan Bay Area
2050; and
WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and
WHEREAS, the proposed amendments would implement the TOC Policy and increase the
City’s likelihood of being eligible or prioritized for regional funding; and
WHEREAS, the proposed changes to the municipal code (attached hereto as Exhibit A) are consistent with the goals, policies, and implementation measures in the General Plan and necessary to comply with state law;
WHEREAS, pursuant to California Government Code Section 65854 and the RPMC, a
public hearing notice was published for a minimum of 20 days prior to the public hearing in the
Community Voice; and
WHEREAS, on November 13, 2025, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the
proposal; and
WHEREAS; the Planning Commission reviewed and considered the Ordinance and voted to adopt a resolution recommending approval of the proposed amendments to the municipal code;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings and determinations with respect to the proposed
ordinance revising Rohnert Park Municipal Code Titles 1 (General Provisions), 16 (Subdivisions),
and 17 (Zoning) of the Rohnert Park Municipal Code (RPMC), including Chapters 17.01, User’s Guide to the Zoning Ordinance, 17.02, General Provisions, 17.04, Definitions, 17.06, Land Use Regulations, 17.07, Land Use Footnotes/Special Provisions, 17.10, Development Standards, 17.14, Fence Wall, and Landscape Standards 17.16, Off-Street Parking Requirements, and 17.25, and
Administrative and Enforcement Procedures:
Section 1. Recitals. The above recitations are true and correct.
Section 2. Findings. The Planning Commission hereby makes the following findings pursuant to Rohnert Park Municipal Code Section 17.25.073, with respect to adoption of this resolution:
1. That the proposed amendments to the Municipal Code are consistent with the General
Plan 2020.
Criteria Satisfied. The proposed amendments to the municipal code are consistent with the General Plan 2020 and Housing Element goals of supporting housing development and streamlining approval procedures. Specifically, the amendments support Goal HO-1 (New Housing Development) by mitigating potential constraints,
Policy HO-1.5 (Clear Development Standards and Approval Procedures) by establishing procedures for a variety of housing types in accordance with state law, Policy HO-3.3 (Minimize Governmental Constraints) by establishing streamlined processes for development. The code amendments directly implement Program HO-1.C (Sites to Meet RHNA) by amending the code to address by-right approval
requirements, Program HO-1.D (Streamline Development Process) by establishing objective findings for Site Plan and Architectural Review approvals, and Program HO-2.C (Zoning for a Variety of Housing Types) by amending the code to address supportive housing, low barrier navigation centers, employee housing, Density Bonus Law, and emergency shelters.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public
health, safety or welfare.
Criteria Satisfied. The proposed amendments to the municipal code are intended to address public health, safety and welfare concerns created by the statewide housing crisis. The changes will help improve community health outcomes, by reducing overcrowding, providing workforce housing closer to job centers and reducing
homelessness by expanding the availability of rental units and minimizing constraints to developing low barrier navigation centers and supportive housing.
3. That with the proposed zoning and/or amendment adequate and available sites remain (refer to the quantified housing objectives in the city's housing element of the general
plan) to mitigate the loss of residential density on the subject property to accommodate
the city's "fair share" regional housing needs used by the State Department of Housing
and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b).
Criteria Satisfied: The proposed amendments do not create any loss of residential
density, but rather serve to implement the City’s housing goals and compliance with the
Housing Element Law and assist in accommodating the City’s regional housing needs.
Section 3. Environmental Review.
Changes to Title 17 (Zoning) which implement the City’s adopted Housing Element, including changes to allowed land uses and permitting levels, are statutorily exempt pursuant to Public
Resources Code 21080.085, which exempts rezoning that implements the schedule of actions
contained in an approved housing element pursuant to Government Code Section 65583(c).
Additionally, the amendments to accessory dwelling unit regulations within this proposed ordinance are statutorily exempt pursuant to Public Resources Code Section 21080.17 which exempts adoption of an ordinance to implement regulations for accessory dwelling units pursuant
to Government Code Section 65852.2.
Additionally, changes to conform to State law, technical corrections and minor changes proposed within this ordinance are exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that would have a significant effect on the environment.
Additionally, even if they were not exempt, changes to Title 17 (Zoning) which implement the
City’s adopted Housing Element, including changes to allowed land uses and permitting levels, are consistent with the Negative Declaration adopted with the City’s Housing Element on January 24, 2023 (SCH #2022110553).
Section 4. Recommendation. The Planning Commission does hereby recommend that the
City Council adopt an ordinance codifying the proposed amendments to the Rohnert Park
Municipal Code, in the form provided in Exhibit A, subject to minor changes approved the City Attorney or City Manager.
DULY AND REGULARLY ADOPTED on this 13th day of November, 2025 by the City of Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES:_____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ CAMPBELL_____ LAM_____
_________________________________________________________________ Chairperson, Rohnert Park Planning Commission
Attest: ________________________________
Clotile Blanks, Recording Secretary
Planning Commission Resolution 2025-06 - Exhibit A
Page 1 of 148
Municipal Code Section 1.16.010 - Violations; misdemeanors and infractions; acts include
causing, aiding and abetting.
G. Notwithstanding subsection E above, a violation of Section 17.07.020(KK), relating tothe
short-term rentalsrental regulations in Title 17 that is an infraction is punishable by the
following:
Municipal Code Section 16.10.030 - Public hearings - Notice.
C.3. If the proposed project is a conversion of residential real property to a condominium,
community apartment, or stock cooperative, notice shall be given to each tenant of the property
consistent with Chapter 17.07.020(34)the condominium conversion regulations in Title 17 of this
code and Government Code Sections 66451.3 and 66452.5(e).
Municipal Code Section 16.14.035 - Affordable housing.
The provisions of Sectionthe inclusionary housing regulations in Title 17.07.020(N) shall apply.
Municipal Code Chapter 17.01, Article II:
The Zoning Ordinance is the document that establishes the various zoning districts,
identifies those uses that may be allowed in each district, and provides the regulations and
standards that pertain to the development and operation of those uses. In the city of Rohnert
Park, the Zoning Ordinance is found in Title 17 of the Rohnert Park Municipal Code. In Rohnert
Park there are seventeentwenty zoning districts, categorized as follows (with the densities
allowed in each residential district indicated in parentheses):
A. Residential.
R-R: Rural Residential District (up to 2 units per acre)
R-E: Estate Residential District (up to 2 units per acre)
R-L: Residential-Low Density District (4.1-6 units per acre)
R-M: Residential-Medium Density District (6.1-12 units per acre)
R-H: Residential-High Density District (12.1-24 units per acre)
DTR-H: Downtown Residential-High Density (12.1-30 units per acre)
B. Commercial.
C-O: Professional/Administrative Office District
C-N: Neighborhood Commercial District
C-R: Regional Commercial District
C. Industrial.
I-L: Limited Industrial District
D. Mixed Use.
M-U: Mixed Use District
DTM-U: Downtown Mixed Use District
E. Public/Institutional.
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P-I: Public/Institutional Zoning District
F. Open Space and Recreational.
OS-ARM: Open Space for Agriculture and Resource Management District
OS-EC: Open Space for Environmental Conservation District
G. Other.
P-D: Planned Development District
SP: Specific Plan District
H. Overlays.
MHP: Mobile Home Park Overlay District
O: Office Overlay District
C: Commercial Overlay District
DDAZ: Downtown District Amenity Zone District
Chapter 17.01, Article III. - How do I use the Zoning Ordinance?
17.01.010 - Finding a land use.
The "heart" of the Zoning Ordinance is Chapter 17.06—Land Use Regulations. This chapter
presents the city's zoning districts in a series of tables, divided by land use type (e.g., residential,
commercial, mixed use, industrial.) The tables are set up with the zoning districts displayed
along the top of the columns and the land uses down the left side of each table. To find out if a
certain land use is permitted in a district, locate the use on the appropriate zoning district table
and read across the row to the right. If a letter appears in one or more of the columns, the use is
either permitted or requires a separate approval prior to its operation (see below). If a letter does
not appear in the row, the use is not permitted in that district. Some of the uses have additional
requirements that are indicated by a number and/or a Code citation, and these requirements are
listed in the Land Use Footnotes (Chapter 17.07) section that follows the land use tables.
17.01.020 - What does the letter in the column mean?
If a letter appears in the column for a given use, the use is one that may be allowed in that zoning
district. A "P" indicates that the use is permitted and no formal review is required. A "C"
indicates that the use requires approval of the planning commission; there would be a public
notice and a public hearing before the Commission. An "A" indicates an administrative approval
by the Planning Director or a Zoning Administrator; there would be a public notice and the
decision could be appealed to the planning commission. A "Z" indicates zoning compliance;
these are uses (e.g., home occupations) that, if they meet certain criteria outlined in the
footnotesCode, are approved and there is no notice or appeal process. A "T" is for a temporary
use that would either be seasonal (e.g., Christmas tree lot) or would last less than two years (e.g.,
construction trailer); there would be no notification or appeal. An "I" indicates uses that are
allowed when incidental to a primary use.
17.01.100 Relationship to State Law. Where there is a conflict between State law and the
Rohnert Park Municipal Code, State law takes precedence, provided, however, that the Rohnert
Park Municipal Code may include stricter or additional requirements than required under State
law, which shall be in addition to any State law requirements.
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Chapter 17.02 - GENERAL PROVISIONS
17.02.070(A) Zoning districts:
A. Establishment of zoning districts.
The city of Rohnert Park shall be divided into land use zoning districts consistent with the
General Plan. The following districts are established:
(1) Residential Districts.
R-R: Rural Residential District
R-E: Estate Residential District
R-L: Residential-Low Density District
R-M: Residential-Medium Density District
R-H: Residential-High Density District
DTR-H: Downtown Residential-High Density
(2) Commercial Districts.
C-O: Professional/Administrative Office District
C-N: Neighborhood Commercial District
C-R: Regional Commercial District
(3) Industrial Districts.
I-L: Limited Industrial District
(4) Mixed Use Districts.
DTM-U: Downtown Mixed Use District
M-U: Mixed Use District
(5) Public/Institutional.
PI: Public/Institutional District
(6) Open Space and Recreational Districts.
OS-ARM: Open Space for Agricultural and Resource Management District
OS-EC: Open Space for Environmental Conservation District
(7) Special Districts.
PD: Planned Unit Development District
SP: Specific Plan District
Section 17.02.110 Department Director is added as follows:
Section 17.02.110 - Department Director
All references to the planning and community development director or development services
director shall refer to the director with the responsibility for overseeing planning and
implementation of Title 17, Zoning, of the Rohnert Park Municipal Code, regardless of the
current title of the position.
Municipal Code Section 17.04.030 “Definitions of words and terms,” is amended to add or
modify the following definitions, in their alphabetical location, as follows:
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"Bed and breakfast inn" means a transient lodging establishment with no more than five rooms,
unless more approved in accordance with Section 17.07.020,17.07.040, Bed and breakfast inn,
for rent primarily engaged in providing overnight or otherwise temporary lodging for the general
public and may provide meals to the extent otherwise permitted by law.
“By-right use” means a use that does not require a conditional use permit, planned unit
development permit, or other discretionary local government review or approval that would
constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the
Public Resources Code, excepting (a) any subdivision, which shall be subject to all laws,
including, but not limited to, the local government ordinance implementing the Subdivision Map
Act, and (b) design review, provided that design review shall not constitute a “project” for
purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
"Clubs and Lodges" means permanent headquarters and meeting facilities for organizations
operating on a membership basis for the promotion of the interests of the members, including
facilities for: business associations, political organizations, civic, social, and fraternal
organizations, professional membership organizations, labor unions and similar organizations, or
other membership organizations.
“Cultural Institutions” means institutions with an acknowledged mission to engage in the
conservation, interpretation and dissemination of cultural, scientific, and environmental
knowledge. These uses promote activities meant to inform and educate about culture, history,
science, wildlife, and the environment and could include museums, science and exploration and
wildlife demonstrations.
"Dwelling, single-family, attached (duplex, townhouse, zero lot line developments)" means one
of two or more dwelling units situated on separate lots and having a common or party wall
separating the dwelling units. Refer to the Rohnert Park general plan for further definition of a
duplex allowed in the residential-medium density district.
“Home occupation” means a business enterprise conducted entirely within a dwelling unit,
garage or accessory building by the occupant(s) of the primary dwelling, which occupation is
clearly incidental and secondary to the use of the dwelling for residential purposes.
"Family" means an individual or two or more persons, not including servants, living as a single
housekeeping unit. For limitations upon the number of residents per square foot of floor space
see Rohnert Park Municipal Code Section 15.12.010.
"Family care home" means a state-authorized, certified or licensed family care home, foster
home, or group home serving six or fewer mentally disordered or otherwise handicapped persons
or dependent and neglected children providing care on a twenty-four-hour-a-day basis. Includes
elderly group homes and adult group homes as defined by the state of California.
“Fraternity/Sorority House” means a housing unit owned by and/or rented exclusively to
university students who are members of an official fraternity or sorority organization recognized
by the university and used for one or more fraternity or sorority functions.
Page 5 of 148
“Furniture Store” means a commercial establishment engaged primarily in the selling of
furniture, mattresses, and household appliances, including incidental repair services. Illustrative
examples of these establishments include establishments that sell home furnishings, office
furniture, outdoor furniture, or movable spas and hot tubs.
“Low-Barrier Navigation Center” means a housing-first, low-barrier, service-enriched shelter as
defined in California Government Code Section 65660(a) as most currently in effect, or in any
successor statute.
“Emergency shelter” means housing with minimal supportive services for homeless persons that
is limited to occupancy of six months or less by a homeless person. May also be referred to as
“homeless shelter”.
“Employee housing” housing that serves employees, and includes farmworker housing.
Employee housing shall be considered a residential facility that provides short-term, temporary
accommodations to individuals and families. The goal of an emergency shelter is to address
acute needs of individuals and families by providing basicuse and only subject to those
restrictions that apply to other residential facilities and may include programs which help
residents find available social services. uses of the same type in the same zone, as required by
California Health and Safety Code Sections 17021.5 and 17021.6.
"Homeless shelter" means housing provided as a temporary/emergency shelter for individuals
and families to reside while they prepare to move into more stable housing. Emergency housing,
along with assessment and case management, is typically provided for twenty-eight days to one
hundred eighty days per client.
"Medical office/clinic" means a facility, other than a hospital, where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis. A
medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective
treatment services by doctors, dentists, medical and dental laboratories, chiropractors,
counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and
similar practitioners of medical and healing arts for humans licensed for such practice by the
state of California. This does not include a massage therapist, except as an ancillary use to
another medical office/clinic use.
"Personal services" means services of a personal convenience nature, as opposed to products,
sold to individual consumers and include the provision of information, individual instruction,
beauty and body art, barber shops, laundry and cleaning services, and similar services.
“Public Assembly” means facilities in which people assemble for civic, educational, religious, or
cultural purposes, such as event facilities, auditoriums, community centers, conference and
convention facilities, and places of worship (e.g., churches, temples, synagogues, mosques).
Page 6 of 148
"School" means an institution for the teaching of children or adults including primary and
secondary schools, colleges, professional schools, business schools, trade schools, art schools,
large studios (≥2,500 square feet) for specialized education and training, and similar facilities.
"Senior housing" means new or rehabilitated dwelling units which are exclusively used by
persons of fifty-five years of age or older and provide common recreational or social facilities.
"Senior housing" means residential development designed for households occupied by senior
citizens, with age restrictions consistent with federal and state requirements. Such development
may include central recreation areas and accessory medical facilities.
“Studio - Arts and Educational” means small-scale commercial facilities (<2,500 SF) for
specialized education and/or training, typically accommodating one group of students at a time,
in no more than one instructional space. Larger facilities are included under the definition of
“Schools”. Does not include preschools and child day care facilities.
“Supermarket” means a retail business where the majority of the floor area that is open and
accessible to the public is occupied by produce, food, beverage products, and household items
that are packaged for preparation and consumption for daily living needs. Supermarkets are
distinguished from "convenience stores" in that they typically contain a retail floor area greater
than five thousand (5,000) gross square feet.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the
target population, as defined in Health and Safety Code Section 50675.14, that a residential use
that provides housing with no limit on length of stay to adults with low incomes having one or
more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic
health conditions, or individuals eligible for services provided under the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code) and may, among other populations, include families with
children, elderly persons, young adults aging out of the foster care system, individuals exiting
from institutional settings, veterans, or homeless people. Supportive housing is linked to on-site
or off-site services that assist the tenants with the retention of the housing, improving his or her
health status, and maximizing their ability to live and, when possible, to work in the community.,
and which may include nonresidential uses and administrative office spaces as provided in
Government Code Section 65651(a)(5). Supportive housing shall be considered a residential use
and only subject to those restrictions that apply to other residential uses of the same type in the
same zone.
“Vocational/Trade school” means a private academic educational institution, providing
specialized education/training for a specific vocation or trade. Examples include the following:
business, secretarial, or professional schools (law, medicine, etc.), seminaries/religious ministry
training facilities, or other institution providing technical training and education in specific trades
or vocations.
Page 7 of 148
"Yard" means open, unoccupied space, other than a court, and unobstructed from the ground to
the sky, except where specifically provided by this code, in the lot on which a building is
situated. The classifications of yards are:
1. "Front yard" means an area extending across the full width of the lot and lying
between the front lot line and the nearest line or point of the main building the
required front yard setback. Front yards shall be measured by a line at right angles to
the front lot line, or by the radial line in the case of a curved front lot line. For corner
lots, the front yard shall be established as the area extending across the narrowest
width of the lot except where an existing front building setback has clearly been
established by prior property development.
2. "Interior yard" means a rear yard or side yard open, surrounded full or in part by
structure, effectively separated from vehicular circulation and parking.
3. "Rear yard" means a yard extending across the full width of the lot between the rear
lot line and the nearest line or point of the main buildingrequired rear yard setback.
4. "Side yard" means a yard between the side or street side line of the lot and the nearest
line of the building andrequired side yard setback, extending from the front lineyard
of the lot to the rear yard.
Front yard
Front
yard
Rear yard Rear yard Rear yard PUBLIC STREET PUBLIC STREET PUBLIC STREET Interior side yard Interior side yard Interior side yard Corner side yard
Interior side yard Corner side yard
Page 8 of 148
Land Use Table Changes
The following sections of the Rohnert Park Municipal Code, Chapter 17.06, are amended
as follows:
17.06.020 - Districts.
A. R-R: Rural Residential. This district is intended for very low-density residential
development on large lots of typically forty thousand sq. ft. or more that convey a
"rural" or agricultural character. These districts are located at the perimeter of the city
and provide a transition from the more urban development to the open
space/agricultural areas outside of the city. This district is consistent with the "Estate
Residential" general plan designation.
B. R-E: Estate Residential. This district is intended for very low-density residential
development on large estate size lots of typically seventeen thousand sq. ft. or more.
This district also is located at the perimeter of the city to provide a transition from the
more urban development to the open space/agricultural areas outside the city. This
district is consistent with the "Estate Residential" general plan designation.
C. R-L: Residential-Low Density. This district is comprised of four sub-districts: R-L-
5,000, R-L-6,000, R-L-8,000, and R-L-10,000 (Note: numbers represent minimum lot
size). These sub-districts areThis district is intended to promote the development of
single-family detached dwellings in a suburban setting with a variety of minimum lot
sizes. This district is consistent with the "Low Density" general plan designation. The
floor area ratio for this district is 0.40.
D. R-M: Residential-Medium Density. This district is intended for attached and detached
single-family housing and duplexes as part of a planned residential development with a
minimum lot size of three thousand seven hundred sq. ft. Multi-family housing is not
permitted. Side-by-side duplexes not separated by a property line or without individual
heating systems are permitted. This district is consistent with the "Medium Density"
general plan designation. The floor area ratio for this district is 0.55.
E. R-H: Residential-High Density. This district is comprised of two sub-districts: R-H-
2,000 and R-H-1,800 (Note: numbers represent minimum lot area per unit). These
subdistricts areThis district is intended to permit a wide range of housing types, ranging
from single-family attached to multi-family, and are intended for specific areas where
higher densities may be appropriate. This district is consistent with the "High Density"
general plan designation. The floor area ratio for this district is 1.15.
F. DTR-H: Downtown Residential-High Density. This district is located within the
Central Rohnert Park PDA planning area as identified in the general plan and is
intended to allow for residential development proximate to the downtown area. This
district is consistent with the "High Density" general plan designation. Unless otherwise
Page 9 of 148
specified, all special provisions, development standards and other requirements and
limitations shall be the same as the R-H district.
17.06.030 Permitted uses.
The following is a list of land uses and the residential districts within which they are permitted as
follows:
P = Permitted.
C = Conditionally-permitted by planning commission.
A = Administrative permit.
Z = Certificate of zoning compliance.
T = Temporary conditional use permit.
I = Uses allowed as incidental to a primary use.
Land uses that are not specifically listed are not permitted unless determined, by the planning
and community development services director, to be substantially similar to a listed use. If the
listed land use is followed bycontains a number or acode section reference in parenthesisthe right
column, that number or reference directs the reader to the corresponding land use footnote or
special provisionadditional provisions which follow this chapterapply to that use.
Land Use
Category
R-R/R-E
Districts
R-L
District
R-M
District
R-H
District
DTR-H
District
Additional use
regulations
Single-Family
Dwellings
P P P C
• Accessory
Uses/Structures
• Antenna,
Vertical/Satellite
Dish (F)
P/C P/C P/C P/C P/C 17.07.050
• Accessory
Structure
P P P P P 17.10.060
• Home
Occupation
P P P P P 17.07.100
• Duplexes-
single story
P* P* P P
Multi-Family
Housing
P P
• Other P
Accessory
Dwelling Unit
(X)
ZP ZP ZP ZP P 17.08.040
Supportive
Housing
P P P
Page 10 of 148
FarmworkerEm
ployee Housing
P P P P P
Homeless
Shelters (M) •
Low-Barrier
Navigation
Center
P P P 17.08.030
• Small
Emergency
Shelter (6 or less
persons)
P P P P
• Large
Emergency
Shelter (7 or
more persons)
P
Manufactured
Housing
(Q)Home
ZP ZP ZP ZP P
Mobile Home
Park or
Subdivision
(see Section
17.06.120)
C C C 17.06.490
Rooming or
Boarding House
• Single
Room
Occupancy
Living Unit
Facility (Z)
A A 17.08.060
•
Fraternity/Sorori
ty
C
Recovery
Facility
• Small (6 or
less persons)
P P P P
• Large (7 or
more persons)
C
Religious
Assembly
C C C C
Residential
Care Facility
(Congregate
Page 11 of 148
Care/Assisted
Living)
• Small (6 or
less persons)
P P P P P
• Large (7 or
more persons)
C C C C C
Affordable
Housing Density
Bonus (H)
A A A A
Agricultural
Uses
• Pasturing
and Grazing
(small scale)
P
• Other C
Bed and
Breakfast Inn
(D)
C C C 17.07.040
Community
Center
C C C C C
Communication
Facilities (F)
C/A C/A C/A C/A C/A 17.07.060
Day Care
Center
C C C C C
Day Care
Home, Family
(G) 14 or fewer
children)
P P P P P 17.07.070
• Small (8 or
fewer children)
P P P P
• Large (9 or
more children)
C C C C
Equestrian Uses
• Stables,
Private
P
• Stables,
Commercial
C
Family Care
Home/Communi
ty Care
• Small (6 or
less persons)
P P P P P
• Large (7 or
more persons)
C C
Page 12 of 148
Kennel
(Commercial
and
Noncommercial)
(O)
C 17.07.120
Private/Public
Utility Facility
(F)
17.07.050
• Minor Z/C Z/C Z/C Z/C Z/C
• Major C C C C C
Private Schools C C C C C
• Elementary
and Secondary
C C C C
• High
School
C C C C
•
Vocational/Trad
e Schools
C C
Public Facility-
Non-city owned
or proposed
(see also Public
Utility)
C C C C
Public Facility-
City owned or
proposed
(subject to
Planning
Commission
review on
referral from
City Council)
P P P P P
Short-term
Rental (single
room) (KK)
A A A A A 17.07.230
Temporary
Use/Event
T T T T T
* Permitted under process outlined in State law (Government Code 65852.21), also referred
to as SB 9.
17.06.060 Permitted uses.
The following is a list of land uses and the commercial districts within which they are permitted
as follows:
P = Permitted.
Page 13 of 148
C = Conditionally-permitted by planning commission.
A = Administrative permit.
Z = Certificate of zoning compliance.
T = Temporary conditional use permit.
I = Uses allowed as incidental to a primary use
Uses involving chemicals may also be subject to requirements regarding hazardous materials
(footnote 11Section 17.07.100), 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 services director, to be substantially similar to a listed use. If the listed
land use is followed bycontains a number or acode section reference in parenthesisthe right
column, that number or reference directs the reader to the corresponding landadditional
provisions apply to that use footnote or special provision which follow this chapter.
Land Use Category C-O
District
C-N
District
C-R
District
Additional
use
regulations
Appliance Repair Service
* Minor (e.g., computers, televisions) P P
Amusement Center (e.g., miniature golf, golf driving range, bowling alley,
cyber cafe) (B)
17.07.020
* Small (e.g., indoors; commercial
shopping center)
A 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 17.07.020
Automobile Service Station (C) C C 17.07.030
Bakery (Retail Sales) P(I) P P
Bank/Savings and Loan/Credit Union (see
Drive-Through Windows) (I)
P P P 17.070.080
(Drive-
Through
Windows)
Bar/Nightclub (R) C 8.34
Barber/Beauty Shop/Tanning Salon P(I) P P
Bath House/Spa C C
Bed and Breakfast Inn (D) C 17.07.040
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
Page 14 of 148
Communication Facility (F) C/A C/A C/A 17.07.050
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 17.070.080
Drive-Through Window (pharmacy) (I) C C C 17.070.080
Dry Cleaning Outlet P P P
Firearm Dealers and Firearm Ammunition
Dealers (J)
C 17.07.090
Florist P(I) P P
Food Store
* Convenience Store P P P
* Supermarket C P
Funeral Parlor/Mortuary C
Furniture Store
* Small/Custom Order P P
* Large P
Hardware Store P P
Health Club A A A
Home Improvement Store P
HomelessEmergency Shelter (M) 17.08.030
* 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
Interior Decorator P P
Kennel (Commercial) (O) C 17.07.120
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 8.34
Live Entertainment C C
Live/Work (P) C C 17.08.050
Massage Therapy (see Chapter 8.36) P P P 8.36
Medical Clinic P P P
Microbrewery with restaurant C C
Nursery (Horticulture) P
Office
* Professional and Administrative P P P
Page 15 of 148
* 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 17.070.080
(Drive-
Through
Windows)
Photography Studio P P P
Printing and Blueprinting
* Small Copy Center P P P
* Print Shop P P
Private/Public Utility Facility (F) 17.07.050
* 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
* Small (6 or less persons) A A A
* Large (7 or more persons) C C
Recycling Facility (V) 17.07.150
* 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 17.070.080
(Drive-
Through
Windows)
Page 16 of 148
* Outdoor and Sidewalk Cafe (S) A A A 17.07.130
* Take Out/Delivery P P P
* With Bar and Live Entertainment (R) C C 8.34
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 17.08.060
Single Room Occupancy Residential Hotel
(Z)
A
Studio (e.g., Dance, Martial– Arts) and
Educational
P P P
Tailor P(I) P P
Tattoo/Piercing Studio C C
Telecom Center A
Temporary Use/Event (EE, see also DD) T T T
• 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
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 8.32
8.33
Transit Facility C C
Upholstery Shop A A
Page 17 of 148
Vehicular Dealerships/Rentals (incl. boats,
RVs and Farm and Construction
Equipment (FF)
C 17.07.190
Vehicular Repair (including boats) (GG) C 17.07.200
17.06.100 Permitted uses.
The following is a list of land uses and the limited industrial district within which they are
permitted as follows:
P = Permitted.
C = Conditionally-permitted by planning commission.
A = Administrative permit.
Z = Certificate of zoning compliance.
T = Temporary conditional use permit.
I = Uses allowed as incidental to a primary use.
Uses involving chemicals may also be subject to requirements regarding hazardous materials
(footnote 11Section 17.07.100), 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 services director, to be substantially similar to a listed use. If the listed
land use is followed bycontains a number or acode section reference in parenthesisthe right
column, that number or reference directs the reader to the corresponding land use footnote or
special provisionadditional provisions which follow this chapterapply to that use.
Land Use Category I-L
District
Additional
Use
Regulations
Adult Business (subject to the provisions and limitations of
Chapters 8.37, 8.38, and 8.39) (A)
C 8.37, 8.38, and
8.39
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 17.07.030
Beverage Bottling Plant P
Boat Building P
Brewery/Distillery/Winery (R) A 8.34
Broadcasting Studio A
Car Wash P
Clubs and Lodges C
Commercial Filming Studio P
Communication Facility (F) C/A 17.07.050
Page 18 of 148
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
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
Kennel (Commercial) (O) C 17.07.120
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) 8.36
Medical Laboratory A
Microbrewery
• with restaurant C
• without restaurant P
Nursery (Horticulture) P
Office A
Parking Lot (Commercial) C
Parcel Delivery Service P
Personal Services
• As a Principal Use A
• As an Incidental Use I
Photographic Plant P
Printing and Blueprinting P
Private/Public Utility Facility (F) 17.07.050
• 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
Page 19 of 148
Recycling Facility (V) 17.07.150
• 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) 17.07.080
(Drive-
Through
Windows)
• 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) and Educational A
Taxidermist A
Telecom Center A
Temporary Use/Event (EE, see also DD) T
• 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 17.07.190
Vehicle Repair/Body Shops (GG) P 17.07.200
Warehousing/Wholesaling P
Page 20 of 148
17.06.130 Permitted uses.
The following is a list of land uses and the Mixed Use District within which they are permitted as
follows:
P = Permitted.
C = Conditionally-permitted by planning commission.
A = Administrative permit.
Z = Certificate of zoning compliance.
T = Temporary conditional use permit.
I = Uses allowed as incidental to a primary use.
Uses involving chemicals may also be subject to requirements regarding hazardous materials
(footnote 11Section 17.07.100), 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 services director, to be substantially similar to a listed use. If the listed
land use is followed bycontains a number or acode section reference in parenthesisthe right
column, that number or reference directs the reader to the corresponding land use footnote or
special provisionadditional provisions which follow this chapterapply to that use.
Land Use Category
M-U
District
DTM-U District Additional
Use
Regulations
Amusement Center (e.g., video games, other
indoor amusements)
C C
Animal Hospital/Veterinary Clinic A A
Antique Store P P
Bakery (Retail Sales) P P
Bank/Savings and Loan/Credit Union (drive-
through windows not permitted)
P P
Bar/Nightclub (R) P P 8.34
Barber/Beauty Shop P P
Bath House/Spa C C
Bed and Breakfast Inns (D) A A 17.07.040
Billiards Parlor (R) C C
Clubs and Lodges C C
Communication Facility (F) C/A C 17.07.050
17.07.060
Cultural Institutions (e.g., museums) A A
Day Care Center (Non-Residential) C C
Dry Cleaning Outlet P P
Florist P P
Food Store
• Under 15,000 square feet P P
• Between 15,000 sq. ft. and 40,000 sq. ft. C C
Page 21 of 148
Hardware Store P P
Health Club P P
Hotel (No food preparation unless applied for
and approved as part of project approval or
separately.)
C C
Interior Decorator P P
Laboratory
• In conjunction with a medical, dental or
optical use only
P(I) P(1I)
Laundromat P N
Liquor Store (Off-Sale) (R) C C 8.34
Live Entertainment (R) C C
Massage Therapy (see Chapter 9.80) P P 9.80
Medical Clinic A A
Microbrewery (with restaurant) C A
Office
• Professional and Administrative P P
• Medical and Dental P P
Parking Lot (Commercial) C, P(I) C, P(I)
Pharmacy (drive-through windows not
permitted) (Does not include a Medical
Marijuana Dispensary, which is a prohibited use
within the City.)
P P
Photography Studio P P
Printing
• Small Copy Center P P
Public Assembly C C
Public Facility (e.g., police and fire stations,
community centers, government offices)
C C
Religious Assembly A A
• Homeless shelter (6 or less persons) (M) P P
Residential Facility
• Congregate Care/Assisted Living A N
• Emergency shelter (6 or less persons) P P 17.08.030
• Convalescent Hospital A N
• Low-Barrier Navigation Center P P 17.08.030
• Single Room Occupancy Living Unit
Facility (Z)
P N 17.08.060
• Single Room Occupancy Residential Hotel
(Z)
P N
• Senior Housing (Independent Living) P C (JJ)
Residential Use
Page 22 of 148
• Live/Work (P) P P 17.08.050
• Multi-Family P C (JJ)
• Supportive Housing P P
• Townhouse P C (JJ)
Restaurant
• General P P
• Outdoor and Sidewalk Café (S) A A 17.07.130
• Take Out/Delivery (drive-through windows
not permitted)
P P
• With Bar and Live Entertainment (R) C C 8.34
Retail, General and Specialty P P
School
• Elementary or Secondary C N
• High School C N
• Trade School C N
• College C N
Studio (e.g., Dance, Martial– Arts) and
Educational
A A
Tailor P P
Tattoo/Piercing Studio C C
Temporary Use/Event (EE) T T
• Arts and Crafts Show T T
• Circus/Carnival T T
• Flea Market/Swap Meet T T
• Live Entertainment T T
• Outdoor Exhibit T T
• Recreational Event T T
• Religious Assembly C C
• Retail Sales T T
• Seasonal Lot/Activity (e.g., Christmas trees,
pumpkins)
T T
• Trade Fair T T
Theater (under 500 seats) C C
Transit Facility (e.g., bus or train station) C C
Visitor Center P P
Article V. Public/Institutional Zoning Districts
17.06.140 Purpose.
The public/institutional district is intended to provide sites for public uses, such as government
centers and educational facilities. This district also allows for public and private facilities that are
necessary to the functioning of the city, such as water and wastewater treatment plants, well
sites, and other infrastructure.
Page 23 of 148
17.06.150 District.
PI: Public/Institutional District.
This district allows for schools, government offices, transit sites, religious facilities, and other
land uses that have a unique public character, as well as Sonoma State University. Public
infrastructure facilities are also permitted in this district. This district is consistent with the
"Public/Institutional" general plan designation.
17.06.160 Permitted uses.
The following is a list of land uses and the Public/Institutional district within which they are
permitted as follows:
P = Permitted.
C = Conditionally-permitted by planning commission.
A = Administrative permit.
Z = Certificate of zoning compliance.
T = Temporary conditional use permit.
I = Uses allowed as incidental to a primary use.
Uses involving chemicals may also be subject to requirements regarding hazardous materials
(Section 17.07.100), 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 services director, to be substantially similar to a listed use. If the listed land use is
followed bycontains a number or acode section reference in parenthesisthe right column, that
number or reference directs the reader to the corresponding land use footnote or special provision
which follow this chapteradditional provisions which apply to that use.
Land Use Category P-I District Additional
Use
Regulations
Arboretum C
Clubs and Lodges C
Cemetery, Crematory, Columbarium C
Communication Facility (F) C/A 17.07.050
17.07.060
Cultural Institution (e.g., museums, libraries) P
Day Care Center (Non-Residential) A
Golf Course C
HomelessEmergency Shelter (M) C 17.08.030
Hospital C
Medical Clinic P
Parking Lot (Commercial) C
Parks C
Private/Public Utility Facility (F) 17.07.050
17.07.060
Page 24 of 148
• Minor A
• Major A
Public Assembly C A
Public Facility-Non-city owned or proposed (see also Public
Utility)
P
Public Facility-City owned or proposed (subject to Planning
Commission review on referral from City Council)
C
Recreational Facility (e.g., public swimming pool, sports
center)
P
Religious Assembly A
• Residential Use on a site of a Religious Assembly (see
also Homeless Shelter)Institution
C(I)
School
• Elementary and Secondary P
• High School P
• Vocational/Trade Schools P
• Colleges P
Temporary Use/Event (EE, see also DD) T
• Arts and Crafts Show T
• Circus/Carnival T
• Flea Market/Swap Meet T
• Live Entertainment T
• Outdoor Exhibit T
• Recreational Event T
• Religious Assembly T
• Seasonal Lot (e.g., Christmas trees, pumpkins) T
• Trade Fair T
Theater C
Transit Facility (e.g., bus or train station) A
Visitor Center P
Page 25 of 148
17.06.180 District is amended to read as follows:
A. OS-ARM: Open Space for Agriculture and Resource Management. This district includes
orchards and croplands, grasslands, cemeteries, and rural residential areas. It is intended to
allow for greenbelts and urban buffers, consisting of open space, park land, and agricultural
areas outside urban areas, as opposed to urban parks, which are located within developed
areas and provide outdoor recreational opportunities. This district is consistent with the
"Open Space—Agriculture and Resource Management" general plan designation.
BA. OS-EC: Open Space for Environmental Conservation. This district includes sites with
environmental and/or safety constraints, such as riparian corridors, sensitive habitats, and
wetlands. This district is consistent with the "Open Space—Environmental Conservation"
general plan designation.
17.06.190 Permitted uses. is amended to read as follows:
The following is a list of land uses and the open space and recreational 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 use permit.
I = Uses allowed as incidental to a primary use.
Land uses that are not specifically listed are not permitted unless determined, by the planning
and community development services director, to be substantially similar to a listed use. If the
listed land use is followed bycontains a number or acode section reference in parenthesisthe right
column, that number or reference directs the reader to the corresponding land use footnote or
special provisionadditional provisions which follow this chapterapply to that use.
Land Use Category OS-ARM
District
OS-EC District
Agricultural Production (includes
viticulture)
C
Agricultural Services C
Arboretum C
Bed and Breakfast (D) C
Bike/Pedestrian Path P P
Clubs and Lodges (in existing building
only)
C
Cemetery, Crematory, Columbarium C
Dairy Farm C
Dairy Products Processing P
Farm Machinery Sales/Rental/Repair
(in existing building only)
C
Page 26 of 148
Farmworker Housing P(I), C
Grazing and Pastureland P P
Kennel (Commercial) (O) C
Nursery (Horticulture) P
Produce/Flower Stand P
Public Assembly (in existing building
only)
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
Recreational Facility C C
Religious Assembly C
School C
• Elementary and Secondary C
• High School C
• Vocational/Trade Schools C
• College C
Single-Family Residence P
Temporary Use/Event (EE, see also
DD)
• Arts and Crafts Show T
• Live Entertainment C
• Outdoor Exhibit T
• Recreational Event C
• Religious Assembly C
• Retail Sales T
• Seasonal Lot (e.g., Christmas
trees, pumpkins)
T
Tree Farm P
Vineyards C
17.06.720.A.5 Development Standards Summary Table, subsection F is amended to read as
follows:
F. Parking
Description Downtown Core Downtown Main
Street
Downtown
Neighborhood
Parking Requirements (see Subsection 17.06.730.A.2 Additional Parking Regulations in the
DDAZ)
Location (Distance from Property Line/ROW)
Page 27 of 148
Front Setback 50' min. 50' min. 40' min.
Side Street Setback 5' min. 5' min. 5' min.
Side Setback 0' min. 0' min. 0' min.
Rear 5' min. 5' min. 5' min.
Miscellaneous
Parking Drive Width
(Max.)
x
Front, ≤ 40 spaces 14' max. 14’ max. x 14’ max.
Front, > 40 spaces x 18’ max. x 18’ max. x 18’ max
Side Street/Alley x 24’ max. x 24’ max. h 24’ max.
17.06.720.B: Use Table is amended to read as follows:
Residential Uses1 Additional Use
Regulations D-N D-MS D-C
Accessory Building P P P
Dwelling, Multifamily P P P2P
Dwelling, Single
Family
P P -
Large Family Daycare
(9-14)
P P -
Small Family Daycare
Home (814 or Less)
P P P2 P 17.07.070
Guest House P P -
Home
OccupancyOccupation
A P A P A P 17.07.110
Live-Work Unit P P P 17.08.050
Low-Barrier
Navigation Center
P P P 17.08.030
Residential Care
Facilities for the
Elderly (RCFE)
A A A
Residential Care
Facilities for the
Chronically III
(RCFCI)
A A A
Residential Mixed
Use
A P P P
HomelessEmergency
Shelter*
CUP CUP CUP 17.08.030
Supportive Housing P P P
Lodging
Page 28 of 148
D-N D-MS D-C
Bed and Breakfast Inn
(up to 5 rooms)
P P P 17.07.040
Hotel (no room limit) - - P
Inn (up to 12 rooms) P P P
Key
P Permitted A Administrative
Permit
CUP Conditional
Use Permit
TUP Temporary
Conditional Use
Permit
- Not Permitted
Land Use Limitations/Notes
1 Residential densities between 12 and 75 units per gross acre permitted.
2 Permitted only in Open sub-zone.
* Uses marked with an asterisk are subject to the applicable provisions of Chapter 17.07.020
(Footnotes).
Retail Additional Use
Regulations
D-N D-MS D-C
Brewpub2 - A A
Commercial
Recreation—Indoor*
A A P 17.07.020
Bar/Tavern/Night
Club*2
- A2 A2 8.34
Exempt from
8.34.040 (D &
E)
8.34.060 (C &
D)
Farmer's Market (daily
or weekly, year-
round)
- A A
Kiosk A A A
Liquor Store*2 - A2 A2 8.34
Exempt from
8.34.040 (D &
E)
8.34.060 (C &
D)
Live-Work Unit P P P 17.08.050
Outdoor and Sidewalk
Cafes*
P P P 17.07.130
On-Site production of
items sold
A P P
Page 29 of 148
Restaurant, Cafe,
Coffee Shop
P P P
DrivethrusDrive-
throughs
- - - 17.07.080
Related alcohol
sales2
A A A 8.34
Exempt from
8.34.040 (D &
E)
8.34.060 (C &
D)
Retail, General
≤ 2,500 sf P1 P P
2,500 sf ≤ 5,000 sf A P P
> 5,000 sf - A P
Related alcohol
sales2
- A A 8.34
Exempt from
8.34.040 (D &
E)
8.34.060 (C &
D)
Smoking/Tobacco
Store
- CUP CUP
Tasting room2 - A A 8.34
Exempt from
8.34.040 (D &
E)
8.34.060 (C &
D)
Theater/Performing
Arts/Cinema
- P P
Temporary Use TUP TUP TUP
Key
P Permitted A Administrative
Permit
CUP Conditional Use
Permit
TUP Temporary
Conditional Use
Permit
- Not Permitted
Land Use Limitations/Notes
1 Permitted only in Open sub-zone.
2 Alcohol related uses are permitted in D-MS and D-C and exempt from municipal code section
8.34.040 (D & E) and section.
8.34.060 (C & D) which restrict alcohol sales proximate to parks and plazas.
* Uses marked with an asterisk are subject to the applicable provisions of Chapter 17.07.020
(Footnotes).
Page 30 of 148
Civic Additional Use
Regulations
D-N D-MS D-C
Amphitheater
(outdoor)
- CUP CUP
Library, Museum, Art
Gallery
P P P
Parking, Structured - A P
Parks P P P
Public Assembly A A P
Agriculture, Food, and Animal
D-N D-MS D-C
Garden, Private or
Community (less than 2
acres)
P P P
Garden, Private or
Community (more than
2 acres)
A A A
Green Roof/Green
Balcony
P P P
Vertical Garden/Green
Wall
P P P
Office/Services
D-N D-MS D-C
Adult Day Program A A P
Bank, Financial
Services
- P P
Business Support
Services
- P P
Catering - P P
Child Day Care
Facility
A A P
Health Care Facility
Major - - P
Minor - P P
Laundry, Coin-
Operated
- P P
Maintenance Repair
Service—Minor
- - P
Media Production - P P
Office—Business,
Service, Government
P P P
Personal Services P P P
Page 31 of 148
Printing and
Publishing
P P P
Studio—Art, Dance,
Martial Arts, Music,
etc.
P P P
Veterinary Clinic,
Animal Hospital
- P P
Automotive
D-N D-MS D-C
Auto Vehicle Sales and
Rental
- - A 17.07.190
Carshare/Bicycleshare
Stations
P P P
Electric Vehicle
Charging Stations
P P P 15.34
Civil Support
D-N D-MS D-C
Telecommunication
Facility
A / CUP A / CUP A / CUP 17.07.050
Education
D-N D-MS D-C
Elementary School P P P
Junior High and High
School
P P P
School—Specialized
Education and
Training
- - -
Key
P Permitted A Administrative
Permit
CUP Conditional Use
Permit
TUP Temporary
Conditional Use
Permit
- Not Permitted
Land Use Limitations/Notes
1 Permitted only in Open sub-zone.
* Uses marked with an asterisk are subject to the applicable provisions of Chapter 17.07.020
(Footnotes).
17.06.750 - Definitions is amended to read as follows:
17.06.750.A: Definitions
Page 32 of 148
17.06.750.A.1 Definitions of Specialized Terms and Phrases.
17.06.750.A: Purpose. The terms and phrases used in the DDAZ FBC Overlay are technical or
specialized and may not reflect common usage. If a definition in this section conflicts with a
definition in another provision of the Municipal Code, the definitions in this section shall control.
If a word is not defined in this section, refer to Chapter 17.04 of the Zoning Ordinance. The
Development Services Director shall determine the meaning of terms when a definition is
ambiguous or when a term is not defined in accordance with Section 17.02.090 of the Municipal
Code.
17.06.750.B: Definitions of Specialized Terms and Phrases. The definitions provided in the
Municipal Code shall apply to Article XIII. If there is a conflict between the definitions in the
Municipal Code and the definitions provided in the article, the definitions in this article shall
control.
17.06.840 Table 1 is amended to read 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 Additional
Use
Regulations
A. RESIDENTIAL
Accessory Building P P P
Dwelling, Multifamily P P1 P1
Dwelling, Single Family P P
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 17.07.140
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
Page 33 of 148
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 8.34
Cinema CUP P CUP
Commercial Recreation -
Indoor*
A P P CUP 17.07.020
Bar/Tavern/Night Club* CUP CUP CUP 8.34
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 8.34
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 17.07.130
Paraphernalia Store CUP4 CUP5 8.32
8.33
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 8.32
8.33
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 34 of 148
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 *17.07.150
Religious Assembly A A P P P CUP
Temporary Use/Event A A A A A A A
F. AGRICULTURE, FOOD AND 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
Page 35 of 148
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
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
Page 36 of 148
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
P P P P P P 15.34
Fueling Station
(alternative fuels only)
CUP CUP
Fueling Station (including
alternative fuels)
CUP9
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 17.08.030
Telecommunication
Facility
CUP CUP CUP CUP CUP CUP
Transitional Housing CUP CUP CUP
K. EDUCATION
Page 37 of 148
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 Chapter 8.33 of this code.
5 Smoking/tobacco stores are subject to Chapter 8.32 of this code.
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 38 of 148
Chapter 17.06 Article XV.A Glossary is amended as follows:
"Liquor Store." A retail establishment for the sale of alcoholic beverages, including specialty
stores for wine or beer, and general sales of wine, beer and spirits.
The SVPD is subject to Section 17.07.020 footnotes with the following two exceptions:
1. Section 17.07.020 R1. Because the SVPD is zoned Mixed Use, and because certain
Residential uses are allowed in each transect, a Liquor Store may be operated within a Mixed
Use district in the T4, T5 or T6 transect.
2. Section 17.07.020 R2a. Because the SVPD is programmed with small blocks and small
businesses, the required minimum store size is reduced in this section so that the location
limitations of Section 17.07.020 R2 do not apply for retail markets having a minimum of one
thousand square feet of floor area which devote no more than five percent of such floor area
to the sale, display and storage of alcoholic beverages.
Amendments to Chapter 17.07
The following sections of the Rohnert Park Municipal Code, Chapter 17.07 are
renumbered and amended as follows:
Chapter 17.07 - LANDSITE AND USE FOOTNOTES/SPECIAL PROVISIONS
REGULATIONS
17.07.010 –- Purpose
The purpose of this chapter is to establish standards for the approval, conditional approval or
disapproval of particular uses that typically have unusual site development features or operating
characteristics requiring the establishment of standards to ensure that the use is designed,
located, and operated compatibly with uses on adjoining properties and in the surrounding area.
A. ADULT ENTERTAINMENT.
Adult businesses may be permitted in indicated districts only with approval of a conditional
use permit and subject to the provisions of Chapters 8.37, 8.38, and 8.39.
B. 17.07.020 - Arcade Games and Cyber Cafes (a.k.a. mechanical or electronic games).
1A. Computers and/or games may be permitted with approval of an administrative permit
and subject to the following provisions. Except that these provisions shall not apply to
the following uses:
a1. Any operation involving three or fewer computers and/or mechanical or electronic
games, except where such computers and/or games provide the main or primary
source of income for the proprietor thereof;
Page 39 of 148
b2. The operation or maintenance of such computers and/or games within recreational
enterprises, such as bowling alleys or poolrooms, where a use permit has already
been obtained for a recreational use; and
c3. Premises or operations licensed by the department of alcoholic beverage control
of the state for on-sale consumption of alcoholic beverages, excepting therefrom
any such premises or operations that lawfully permit minors, such as bona fide
public eating places.
2B. It shall be unlawful for any proprietor to install, operate, or maintain to be operated
more than three computers and/or mechanical or electronic games without first having
obtained a use permit.
3C. The permit shall be conspicuously posted at the location of the computers and/or
games in the premises and shall not be removed during the period for which the license
was issued. In cases where the computers and/or mechanical or electronic games
occupy more than fifty percent of the premises' customer floor space, or account for
fifty percent or more of the premises' gross revenue, or where ten or more such
computers and/or games are proposed, the use permit shall be referred to the council
for final approval pursuant to the provisions of this title. The use permit shall state the
number of computers and/or games, and the use of additional computers and/or games
shall require a new or modified permit.
4D. Applicants for administrative permits shall undergo a background check by the
department of public safety. The permit may be denied if the applicant has been
convicted of a crime which has relevance to the operation of the premises.
5E. No such administrative permit shall apply to any premises other than the location
originally approved. Upon change of ownership, the new owner shall receive clearance
from the department of public safety; however, no other use permit proceedings shall
be required for such transfer if the new owner received police clearance.
6F. There shall be a minimum of one adult employee managing the cyber cafe or arcade
during all operating hours. If the business has more than twenty computers, one
additional adult employee shall be added for every additional twenty computers, or
fraction thereof. Employees managing the operation shall be required to wear a badge
identifying the business, the employee's full name, and the employee's title.
7G. Patrons shall not become a nuisance to the properties within the immediate vicinity.
8H. It shall be unlawful for any proprietor of a computer and/or mechanical or electronic
game to cause, permit, or allow such computers and/or game to be located, operated, or
maintained to be operated within five hundred feet of the nearest street entrance to or
exit from any public playground or public or private school of elementary or high
school grades, such distance to be measured from such entrance or exit in the most
direct line or route on, along, or across such street or streets adjacent to such public
playground or public or private school of elementary or high school grade.
9I. Hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m. Sundays
through Thursdays and between 8:00 a.m. and 12:00 midnight on Fridays and
Saturdays. No minors shall be allowed in the facility between 8:30 a.m. and 3:30 p.m.
on regularly scheduled school days.
Page 40 of 148
10J. "No loitering" signs shall be posted at the front and rear of the operation. A waiting
area shall be provided for customers waiting to use the facility, at a ratio of one seat for
every eight computers/games, with no fewer than four seats to be provided. No waiting
outdoor of the facility shall be permitted and patrons shall not be allowed to become a
nuisance to the properties within the immediate vicinity.
11K. All windows shall be kept clear of any item or tint that would obscure views from the
exterior into the operation.
12L. Adult-oriented internet sites shall be prohibited unless the business has an adult
business permit issued under Chapter 8.37.
13M. No such administrative permit shall apply to any premises other than the location
originally approved. Upon change of ownership, the new owner shall receive clearance
from the department of public safety; however, no other use permit proceedings shall
be required for such transfer if the new owner receives police clearance.
C. 17.07.030 - Automobile Service Station.
1A. Service station uses may be permitted in indicated districts only with approval of a
conditional use permit and subject to the following provisions. 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.
2B. Combustion Engine Fuel Sale Uses Prohibited.
a1. No automobile service station may be established, or re-established for stations
closed in excess of one hundred eighty days, that involves the sale or distribution
of gasoline, diesel, or other motor vehicle fuels for use in vehicles with
combustion engines. Alternative, clean fuels, such as hydrogen are permitted.
b2. 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, diesel, or other motor vehicle fuels for use in combustion engines,
including those site features such as storage tanks, pumps, and fuel dispensers.
3C. Minimum Site Standards.
a1. No service station shall be constructed or operated on a lot having a depth or
width less than one hundred fifty feet.
b2. 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
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building shall be located nearer than thirty-five feet from any street property (such
setback shall be measured at the building foundation).
c3. 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.
d4. All outdoor storage shall be screened as provided for in this section, 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.
e5. Gas tank vent pipes or venting equipment for other fuels shall be incorporated into
the structures and concealed from public view.
4D. Site Development Standards.
a1. 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.
b2. 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.
c3. 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.
d4. 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.
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e5. 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.
f6. Service stations constructed in areas that are predominantly of residential
character shall be designed to maintain a residential atmosphere.
g7. 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.
h8. 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.
i9. 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.
5E. Landscaping Standards.
a1. 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.
b2. 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 section.
c3. 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.
d4. Planters shall comply with the parking lot landscaping requirements of this
section.
e5. 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.
f6. 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.
6F. 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.
7G. 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
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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.
8H. Equipment. All hydraulic hoists and pits and equipment for lubrication, greasing,
automobile washing, and permitted repairs shall be enclosed entirely within a building.
9I. 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.
10J. 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.
11K. Access, Parking, and Circulation.
a1. No such site shall have more than two driveways or means of access to any one
street.
b2. 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.
c3. No driveway shall exceed a width of twenty feet at the sidewalk.
d4. 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.
e5. Every service station shall have access to a collector or arterial standard street.
f6. All deliveries shall be made on the service station site itself.
g7. 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.
h8. 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.
D. 17.07.040 - Bed and Breakfast Inn.
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1A. General Standards. Bed and breakfast inns may be permitted in all indicated districts
only with approval of a conditional use permit and subject to the following provisions.
a1. A bed and breakfast inn shall be operated by a property owner living on the
premises.
b2. The bed and breakfast inn shall conform to the design and development standards
below and be compatible with adjacent buildings in terms of building materials,
colors and exterior finishes. Facilities requiring conversion of existing structures
shall maintain existing elevations to the extent feasible.
c3. Public and utility services including emergency access shall be adequate to serve
the maximum number of occupants proposed.
d4. No more than five rooms shall be rented for lodging unless the planning
commission can make an additional special finding that due to the size of the
property, the relationship to surrounding residential properties and the availability
of on-site parking, that more guest rooms will not negatively impact the
residential neighborhood. In no case shall there be more than ten guestrooms.
e5. Rooms shall be rented for no more than fourteen consecutive days.
f6. No internal illumination of any signage from an interior light source shall be
permitted and all signs shall be subject to planning commission approval. Signage
shall only identify, rather than advertise, the establishment. The words "hotel" or
"motel" shall not be allowed.
g7. The facility is located on or within five hundred feet of an arterial or collector
street.
h8. No bed and breakfast inns shall be located on a lot closer than five hundred feet
from any other lot containing a bed and breakfast inn.
i9. The only meal provided shall be breakfast. Other meals may be served at special
events.
j10. On-site required parking that is not located within a garage or on the paved
driveway for the garage shall be screened from view.
k11. The planning commission may allow special events at the facility if such events
are permitted or conditionally permitted in the district in which the bed and
breakfast is located. If the planning commission determines that the proposed bed
and breakfast inn is an appropriate location for special events to occur with regard
to, but not limited to, access, property size, parking, and surrounding uses,
additional conditions relating to hours of operation, number of guests, additional
parking requirements and music or entertainment provisions may be imposed.
E. 17.07.050 - Wireless Communication Facilities.
1A. Purpose and Intent.
a1. The purpose of this section is to provide a uniform and comprehensive set of
regulations and development standards for the permitting, development, siting,
installation, design, operation, and maintenance of wireless communication and
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similar facilities. These regulations are intended to prescribe clear and reasonable
criteria to assess and process applications in a consistent and expeditious manner,
while reducing the impacts associated with wireless communications facilities.
This section provides standards necessary to:
(1)a. Promote and protect public health and safety, community welfare, visual and
environmental resources, and the unique visual character and quality of the
of the city consistent with the goals, objectives and policies of the general
plan;
(2)b. Preserve and promote harmonious land uses;
(3)c. Provide for the orderly, managed, and efficient development of wireless
communications facilities in accordance with the state and federal laws,
rules, and regulations;
(4)d. Acknowledge the community benefit associated with the provision of
communication services and ensure that a broad range of wireless
communication facilities is provided to serve the community and to serve as
an important part of the city's emergency response network;
(5)e. Provide incentives for well-designed and well-placed facilities.
b2. This section is not intended to, nor shall it be interpreted or applied to:
(1)a. Prohibit or effectively prohibit any personal wireless service provider's
ability to provide personal wireless services;
(2)b. Prohibit or effectively prohibit any entity's ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules;
(3)c. Unreasonably discriminate among providers of functionally equivalent
services;
(4)e. Deny any request for authorization to place, construct or modify personal
wireless service facilities on the basis of environmental effects of radio
frequency emissions to the extent that such wireless communication facilities
comply with the Federal Communication Commission's (FCC) regulations
concerning such emissions;
(5)f. Prohibit any collocation or modification that the city may not deny under
federal or state law; or
(6)g. Otherwise authorize the city to preempt any applicable federal or state law.
c3. In establishing the rights, obligations and conditions set forth in this section, it is
the intent of the city to treat each applicant in a competitively neutral and
nondiscriminatory manner, to the extent required by law, and with considerations
that may be unique to the technologies, situation and legal status of each proposed
use.
2B. Applicability. This section applies to the operation and maintenance of all existing
wireless communication facilities and all applications and requests for approval to
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construct, install, modify, collocate, relocate or otherwise deploy, operate, and
maintain wireless communication facilities in the city.
3C. Exemptions. This section is not applicable to:
a1. Wireless communication facilities owned and operated by the city or any other
agency of the state for public purposes;
b2. Authorized amateur radio service facilities requiring a license issued by the FCC
to operate (i.e., a "HAM" radio transmission), including antenna structures. See
Footnote FSection 17.07.090 (Amateur Radio Service Installations);
c3. Any OTARD devices;
d4. Wireless communication facilities installed completely indoors and intended to
extend signals for personal wireless services in a personal residence or a business
(such as a femtocell or indoor distributed antenna system); and
e5. Wireless communication facilities or equipment owned and operated by CPUC-
regulated electric companies for use in connection with electrical power
generation, transmission and distribution facilities subject to CPUC General Order
131-D.
4D. Permit Requirements.
a1. Permit Required. No wireless communications facility shall be located or
modified within the city on any property without the issuance of a permit as
required by this section as set forth in the Table E4-1table below. Such permit
shall be in addition to any other permit required pursuant to the municipal code.
b2. For service providers who plan to establish multiple wireless communication
facilities within the city, the service provider is encouraged to apply for approval
of all facilities of the same permit type under a master use permit application. The
master use permit shall be subject to the same permit approval requirements that
would apply to a permit for a single facility of such type, and shall be acted on by
the approval authority that would have authority to approve a permit for a single
installation of such type of facility, but all proposed facilities would be acted on as
a single permit application. No approval shall be construed as any warranty of
title.
Table E4-1 3. Telecommunications Facility Permit Requirement Table
Telecommunications
Facility
Private Property Public Right-of-
Way Residential
Districts
Mixed
Use
Districts
Commercial
Districts
Other
Districts
New
telecommunications
tower
Not Permitted Conditional Use Permit Encroachment
Permit, pursuant
to Chapter 12.04
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Roof or building-
mounted facility, not
visible from a public
right-of-way or other
property
Administrative Permit
Roof or building-
mounted facility,
visible from a public
right-of-way or other
property and/or
located on a historic
structure
Conditional Use Permit
Facility with a
backup generator
Conditional Use Permit Permitted
Facility with an
ancillary fuel storage
tank(s) to support the
backup power supply
Conditional Use Permit Encroachment
Permit, pursuant
to Chapter 12.04
Eligible facilities
request or application
for collocation
facility pursuant to
California
Government Code
Section 65850.61
Administrative Permit
Small Cell Facility Administrative Permit
Temporary Wireless
Facility
Temporary Conditional Use Permit
Temporary Wireless
Facility for
Emergencies
Permitted
Footnote:
1. ;hg;See Section 17.
5
E. Application Requirements.
a1. Application Required. The approval authority shall not approve any request for a
permit except upon a duly filed application consistent with this section, Chapter
12.04 of this code (Encroachment Permits), and/or any other written rules the city
or the director may establish from time to time in any publicly-stated format.
b2. Application Content. All applications for a conditional use permit, an
administrative permit, temporary conditional use permit, or an encroachment
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permit must include all the information and materials required by the director for
the application, including:
(1)a. Compliance with any permit application requirements, forms, checklists,
guidelines, informational handouts and other related materials that the
director finds necessary, appropriate or useful for processing any application
governed under this section.
(2)b. Applicants shall ensure applications demonstrate compliance with all
applicable health and safety laws, regulations or other rules, which includes
without limitation all building codes, electric codes and all FCC rules for
human exposure to RF emissions.
(3)c. The city council further authorizes the director to establish other reasonable
rules related to permit processing as the director deems necessary to manage
the application intake process. All such rules must be in written form and
publicly available to all applicants.
c3. Applicants shall provide reports evaluating for potential interference with city
communication frequencies (e.g., HF, UHF, VHF, eight hundred mHz) in
conjunction with all applications.
d4. Applications will be processed, and notices of incompleteness provided, in
conformity with state, local, and federal law. If such an application is incomplete,
the director shall notify the applicant in writing, and specifying the material
omitted from the application in conformance with timeframes established under
47 C.F.R. Section 1.6003(c)(1).
e5. Application fee(s) shall be required to be submitted with any application. The city
council shall set the amount, type, and other terms of such fee(s) from time to
time by means of resolution. Notwithstanding the foregoing, no application fee
shall be refundable, in whole or in part, to an applicant unless paid as a refundable
deposit.
f6. Pre-Submittal Conference. Before application submittal, the applicant is
encouraged to schedule and attend a pre-submittal conference with the director for
all proposed projects.
g7. Requests for waivers from any requirement of this subsection shall be made in
writing to the director or his or her designee. The director may grant or deny a
request for a waiver pursuant to this subsection. The director may grant a request
for waiver for an application requirement if it is demonstrated that,
notwithstanding the issuance of a waiver, the city will be provided all information
necessary to understand the nature of the construction or other activity to be
conducted pursuant to the permit sought. All waivers approved pursuant to this
subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-
tailored to minimize deviation from the requirements of the city code.
h8. Peer and Independent Consultant Review. The director is explicitly authorized at
his/her discretion to employ on behalf of the city an independent technical expert
to review any technical materials submitted. The applicant shall pay all the costs
of said technical review, including any administrative costs incurred by the city,
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and is required to make a deposit, consistent with the city's adopted fee schedule,
at the time of application to account for this contingency.
6F. Notice.
a1. General Notice Requirements. Public notice in accordance with the provisions in
Chapter 17.25 (Administrative and Enforcement Procedures) shall be required for
all permit applications.
b2. Deemed-Approval Notice. Not more than thirty days before the applicable FCC
timeframe for review expires, and in addition to the public notice required in
Section 6.a (General Notice Requirements), an applicant for a use permit must
provide a posted notice at the project site that states the project will be
automatically deemed approved pursuant to California Government Code Section
65964.1 unless the city approves or denies the application or the applicant tolls the
timeframe for review within the next thirty days. The posted notice must be
compliant with all applicable provisions in Chapter 17.25 (Administrative and
Enforcement Procedures). The public notice required under this section will be
deemed given when the applicant delivers written notice to the director that shows
the appropriate notice has been posted at the project site.
c3. Decision Notices. Within five days after the approval authority acts on an
application for a use permit or before the FCC shot clock expires (whichever
occurs first), the approval authority or its designee shall send a written notice to
the applicant. In the event that the approval authority denies the application (with
or without prejudice), the written notice to the applicant must contain the reasons
for the decision.
7G. Decisions; Limited Exemptions; Appeals.
a1. Required Findings for Approval.
(1)a. Required Findings for Approval for all Facilities Requiring a Conditional
Use Permit or an Administrative Permit, Except for an Eligible Facilities
Request. The approval authority may approve or conditionally approve an
application for a conditional use permit or administrative permit submitted
under this section when the approval authority finds all of the following:
(a)i. The proposed facility complies with all applicable provisions of
this section;
(b)ii. The proposed wireless facility complies with all required findings
for conditional use permit approval in Section 17.25.014 (Findings)
or administrative permit approval in Section 17.25.53
(Findings/Conditions), or qualifies for a limited exception pursuant
to Subsection 7.c (Section 17.07.050(G)(3)(Limited Waiver to
Avoid Prohibitions on Service);
(c)iii. The applicant has demonstrated that its proposed wireless
facility will be in compliance with all applicable FCC rules and
regulations for human exposure to RF emissions and this
information has been verified as provided for in E(5)(h) above;
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(d)iv. The applicant has demonstrated a good-faith effort to identify
and evaluate preferred alternative locations and potentially less
visually intrusive alternative designs for the proposed wireless
facility;
(e)v. The applicant has provided the approval authority with a
meaningful comparative analysis that shows all preferred
alternative locations and less-intrusive alternative designs
identified in the administrative record are either infeasible or
unavailable;
(f)vi. The applicant has submitted a statement of its willingness to allow
other carriers to collocate on the proposed wireless
communications facility wherever technically and economically
feasible; and
(g)vii. Noise generated by equipment will not be excessive, annoying
nor be detrimental to the public health, safety, and welfare and will
not exceed the standards set forth in Chapter 17.12 and Chapter
9.44.
b2. Conditional Approvals; Denials. Subject to any applicable limitations in federal or
state law, nothing in this section is intended to limit the approval authority's
ability to conditionally approve or deny without prejudice any application for a
use permit as may be necessary or appropriate to protect and promote the public
health, safety and welfare, and to advance the goals or policies in this section, this
code or the general plan. In conjunction with any denial, the approval authority
shall issue a written decision stating the reasons therefore.
c3. Limited Waiver to Avoid Prohibitions on Service. In the event that an applicant
claims that strict compliance with the site location guidelines in Section
1017.07.050(J) (Location and Configuration Preferences) or the development
standards and regulations in Sections 11—13 (17.07.050(K) through
17.07.050(M)(Development Standards and Regulations for All Wireless
Communication Facilities, Freestanding Wireless Communication Facilities,
Building-Mounted Wireless Communication Facilities) would prohibit or
effectively prohibit the applicant's ability to provide personal wireless services,
the approval authority may grant a limited waiver from such requirements only to
the minimum extent necessary to prevent such prohibition or effective prohibition,
provided the approval authority finds the following:
(1)a. The proposed wireless facility qualifies as a "personal wireless service
facility" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or
superseded;
(2)b. The applicant has provided the approval authority with the technical service
objective to be achieved by the proposed wireless facility;
(3)c. The applicant has provided the approval authority with a written statement
that contains a detailed and fact-specific explanation as to why the proposed
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wireless facility cannot be deployed in in accordance with the standards in
this section;
(4)d. The applicant has demonstrated to the approval authority that the proposed
location and design is the least non-compliant configuration that will
reasonably achieve the applicant's technical service objective or that would
avoid an actual or effective prohibition of service.
d4. Appeals. Any interested person or entity may appeal any decision by the approval
authority in accordance with the below.
(1)a. Any person adversely affected by an administrative decision pursuant to this
chapter or a decision regarding an encroachment permit for a wireless facility
issued under Chapter 12.04 may appeal such decision. The appeal will be
considered by a hearing officer appointed by the city manager. The hearing
officer may decide the issues de novo and whose decision will be the final
decision of the city.
(2)b. Where the approval authority grants an application based on a finding that
denial would result in a prohibition or effective prohibition under applicable
federal law, any appeals must be filed within two business days of the
written decision of the approval authority, unless the approval authority
extends the time therefore. An extension to file an appeal may not be granted
where extension would result in approval of the application by operation of
law.
(3)c. Any appeal shall be conducted so that a timely written decision may be
issued in accordance with applicable law.
(4)d. Appeals from an approval will not be permitted on the basis of the
environmental effects of the radio frequency emissions of the proposed
facility, unless the appeal specifically identifies that the proposed facility
does not meet regulations established by the FCC regarding such emissions.
(5)e. Unless otherwise modified by this section, appeals of decisions of the
planning commission shall be in accordance with Chapter 17.25, Article XII
(Appeals).
8H. Conditions of Approval for All Wireless Communications Facilities. In addition to all
other conditions imposed by the approval authority, all permits, including
encroachment permits, shall be subject to the conditions in this section.
a1. Permit Term. The permit will automatically expire ten years from its issuance,
except where the approval authority establishes a shorter term due to specific
public safety or substantial land use reasons. Any other permits or approvals
issued in connection with any collocation, modification or other change to the
permitted wireless facility, which includes without limitation any permits or other
approvals deemed-granted or deemed-approved under federal or state law, will
not extend this term limit unless expressly provided otherwise in such permit or
approval or required under federal or state law. An administrative permit issued to
authorize installation of an eligible facilities request or a collocation facility
subject to Government Code Section 65850.6 shall not be deemed to extend the
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term of any underlying permit for the originally permitted wireless
communication facility.
b2. Permit Expiration. At the end of the term, the permit shall automatically expire,
unless an extension or renewal has been granted. A person holding a permit must
either: (1) remove the wireless facility within thirty days following the permit's
expiration (provided that removal of support structure owned by city, a utility, or
another entity authorized to maintain a support structure in the right-of-way need
not be removed, but must be restored to its prior condition, except as specifically
permitted by the city); or (2) at least ninety days prior to expiration, submit an
application to renew the permit, which application must, among all other
requirements, demonstrate that the impact of the wireless facility cannot be
reduced. The wireless facility may remain in place until it is acted upon by the
city and all appeals from the city's decision exhausted.
c3. Strict Compliance with Approved Plans. Before the permittee submits any
applications to the Building Department, the permittee must incorporate this
permit, all conditions associated with this permit and the approved photo
simulations into the project plans (the "approved plans"). The permittee must
construct, install and operate the wireless facility in strict compliance with the
approved plans. Any alterations, modifications or other changes to the approved
plans, whether requested by the permittee or required by other departments or
public agencies with jurisdiction over the wireless facility, must be submitted in a
written request subject to the director's prior review and approval, who may refer
the request to the original approval authority if the director finds that the
requested alteration, modification or other change substantially deviates from the
approved plans or implicates a significant or substantial land-use concern.
d4. Build-Out Period. This permit will automatically expire one year from the
approval or deemed-granted date unless the permittee obtains all other permits
and approvals required to install, construct and/or operate the approved wireless
facility, which includes without limitation any permits or approvals required by
the any federal, state or local public agencies with jurisdiction over the subject
property, the wireless facility or its use. The director may grant one written
extension to a date certain, not to exceed one additional year, when the permittee
shows good cause to extend the limitations period in a written request for an
extension submitted at least thirty days prior to the automatic expiration date in
this condition.
e5. Maintenance Obligations; Vandalism. The permittee shall keep the site, which
includes without limitation any and all improvements, equipment, structures,
access routes, fences and landscape features, in a neat, clean and safe condition in
accordance with the approved plans and all conditions in this permit. The
permittee shall keep the site area free from all litter and debris at all times. The
permittee, at no cost to the city, shall remove and remediate any graffiti or other
vandalism at the site within forty-eight hours after the permittee receives notice or
otherwise becomes aware that such graffiti or other vandalism occurred.
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f6. Compliance with Laws. The permittee shall maintain compliance at all times with
all federal, state and local statutes, regulations, orders or other rules that carry the
force of law ("laws") applicable to the permittee, the subject property, the wireless
facility or any use or activities in connection with the use authorized in this
permit, which includes without limitation any Laws applicable to human exposure
to RF emissions. The permittee expressly acknowledges and agrees that this
obligation is intended to be broadly construed and that no other specific
requirements in these conditions are intended to reduce, relieve or otherwise
lessen the permittee's obligations to maintain compliance with all laws, In the
event that the city fails to timely notice, prompt or enforce compliance with any
applicable provision in this code, any permit, any permit condition or any
applicable law or regulation, the applicant or permittee will not be relieved from
its obligation to comply in all respects with all applicable provisions in this code,
any permit, any permit condition or any applicable law or regulation.
g7. Radiofrequency Compliance Evaluations. All facilities must comply with all
applicable standards and regulations of the FCC and any other state or federal
government agency with the authority to regulate radio frequency emissions.
After completion of construction, but prior to unattended operations of the
facility, on-site post-installation RF emissions testing shall be performed by a
qualified professional (as identified by the city) to demonstrate actual compliance
with applicable FCC limitations, including the FCC OET Bulletin 65 RF
emissions safety rules for general population/uncontrolled radiofrequency
exposure in all sectors. For this testing, the transmitter shall be operating at
maximum operating power, and the testing shall occur outwards to a distance
where the radiofrequency emissions no longer exceed the uncontrolled/general
population limit.
h8. Adverse Impacts on Other Properties. The permittee shall use all reasonable
efforts to avoid any and all undue or unnecessary adverse impacts on nearby
properties that may arise from the permittee's or its authorized personnel's
construction, installation, operation, modification, maintenance, repair, removal
and/or other activities at the site. The permittee shall not perform or cause others
to perform any construction, installation, operation, modification, maintenance,
repair, removal or other work that involves heavy equipment or machines except
during normal construction work hours authorized under this code. The restricted
work hours in this condition will not prohibit any work required to prevent an
actual, immediate harm to property or persons, or any work during an emergency
declared by the city. The director may issue a stop work order for any activities
that violates this condition.
i9. Permittee's Contact Information. The permittee shall furnish the Director with
accurate and up-to-date contact information for a person responsible for the
wireless facility, which includes without limitation such person's full name, title,
direct telephone number, facsimile number, mailing address and email address.
The permittee shall keep such contact information up-to-date at all times and
immediately provide the director with updated contact information in the event
that either the responsible person or such person's contact information changes.
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j10. Indemnification, The permittee shall defend, indemnify and hold harmless the
city, city council and its commissions, agents, officers, officials, employees, and
volunteers from any and all (1) damages, liabilities, injuries, losses, costs, and
expenses and from any and all claims, demands, law suits, writs, and other actions
or proceedings ("claims") brought against the city or its agents, officers, officials,
employees, or volunteers to challenge, attack, seek to modify, set aside, void or
annul the city's approval of this permit, and (2) other claims of any kind or form,
whether for personal injury, death, or property damage, that arise from or in
connection with the permittee's or its agents', director's, officers', employees',
contractors', subcontractors', licensees', or customers' acts or omissions in
connection with this permit or the wireless facility. In the event the city becomes
aware of any claims, the city will use best efforts to promptly notify the permittee
and shall reasonably cooperate in the defense. The permittee expressly
acknowledges and agrees that the city shall have the right to approve, which
approval shall not be unreasonably withheld, the legal counsel providing the city's
defense, and the property owner and/or permittee (as applicable) shall promptly
reimburse city for any costs and expenses directly and necessarily incurred by the
city in the course of the defense. The permittee expressly acknowledges and
agrees that the permittee's indemnification obligations under this condition are a
material consideration that motivates the city to approve this permit, and that such
indemnification obligations will survive the expiration or revocation of this
permit.
k11. Performance Bond. Before the building department issues any construction permit
in connection with this permit, the permittee shall file with the city, and shall
maintain in good standing throughout the term of the approval, a performance
bond or other surety or another form of security for the removal of the facility in
the event that the use is abandoned or the permit expires, or is revoked, or is
otherwise terminated. The security shall be in the amount equal to one hundred
percent of the cost of removal of the facility. The bond or security required by this
section shall be in a form acceptable to the director in an amount reasonably
necessary to cover the cost to remove the improvements and restore all affected
areas based on a written estimate from a qualified contractor with experience in
wireless communication facilities removal. In establishing the amount of the
security, the building department shall take into consideration information
provided by the permit applicant regarding the cost of removal.
l12. Permit Revocation. In accordance with Chapter 17.25 (Administrative and
Enforcement Procedures), the approval authority may recall this permit for review
at any time due to complaints about noncompliance with applicable laws or any
approval conditions attached to this permit. At a duly noticed public hearing and
in accordance with all applicable laws, the approval authority may revoke this
permit or amend these conditions as the approval authority deems necessary or
appropriate to correct any such noncompliance.
m13. Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance for bodily injury and property damage,
including coverage for property/premises liability and completed operations, with
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limits acceptable to the director. The relevant policy or policies shall name the
city, its elected/appointed officials, commission members, officers,
representatives, agents, and employees as additional insureds. Permittee shall use
its best efforts to provide thirty days' prior notice to the city of to the cancellation
or material modification of any applicable insurance policy.
n14. As-Built Drawings. The permittee shall submit an as-built drawings within ninety
days after installation of the facility.
o15. Conflicts with Improvements. For any portion of a facility located within the city
right-of-way, the permittee shall remove or relocate, at its expense and without
expense to the city, any or all of its facilities when such removal or relocation is
deemed necessary by the city by reason of any change of grade, alignment, or
width of any right-of-way, for installation of services, water pipes, drains, storm
drains, power or signal lines, traffic control devices, right-of-way improvements,
or for any other construction, repair, or improvement to the right-of-way.
p16. Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, improvement, or property.
q17. Modifications. No changes shall be made to the approved plans without review
and approval in accordance with this article.
r18. Encourage Colocation. Where the facility site is capable of accommodating a co-
located facility upon the same site in a manner consistent with the permit
conditions for the existing facility, the permittee shall allow co-location of third-
party facilities, provided the parties can mutually agree upon reasonable terms and
conditions.
s19. Abandonment. If a facility is not operated for a continuous period of ninety days,
the wireless encroachment permit and any other permit or approval therefor shall
be deemed abandoned and terminated automatically, unless before the end of the
period (i) the director has determined that the facility has resumed operations, or
(ii) the city has received an application to transfer the permit to another service
provider. No later than ninety days from the date the facility is determined to have
ceased operation or the permittee has notified the director of its intent to vacate
the site, the permittee shall remove all equipment and improvements associated
with the use and shall restore the site to its original condition to the satisfaction of
the director. The permittee shall provide written verification of the removal of the
facilities within thirty days of the date the removal is completed. If the facility is
not removed within thirty days after the permit has been discontinued pursuant to
this subsection, the site shall be deemed to be a nuisance, and the city may cause
the facility to be removed at permittee's expense or by calling any bond or other
financial assurance to pay for removal. If there are two or more users of a single
facility or support structure, then this provision shall apply to the specific
elements or parts thereof that were abandoned, but will not be effective for the
entirety thereof until all users cease use thereof.
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t20. Master Lease or Master License Agreement. Macro cell facilities located on city
property outside the right-of-way shall enter into a master lease agreement (MLA)
with the city. Small cell facilities located on city-owned infrastructure in the
public right-of-way shall enter into a master license agreement (MILA) with the
city.
9I. Permit Extension. If a permit has not expired at the time an application is made for an
extension, the Director may administratively extend the term of the permit for a
subsequent ten-year term upon verification of continued compliance with the findings
and conditions of approval under which the application was originally approved, as
well as any other applicable provisions of this code that are in effect at the time the
permit extension is considered.
10J. Location and Configuration Preferences.
a1. Purpose. The purpose of this section is to provide guidelines to applicants and the
reviewing authority regarding the preferred locations and configurations for
wireless communication facilities in the city, provided that nothing in this section
shall be construed to permit a wireless communication facility in any location or
configuration that it is otherwise prohibited by this section.
b2. Review of Location and Configuration. The reviewing authority shall consider the
extent to which a proposed wireless communication facility complies with these
preferences and whether there are feasible alternative locations or configurations
to the proposed facility that are more preferred under this section. If the location
or configuration of a proposed facility qualifies for two or more categories of
preferred locations or configurations, it shall be deemed to belong to the least
preferred category.
c3. Collocation. New facilities should be collocated with existing facilities whenever
feasible. Where feasible, applicants are encouraged to collocate with other
facilities such as light standards, and other utility structures where the collocation
will minimize the overall visual impact. The applicant shall take reasonable
measures to co-locate their wireless communication facilities on existing towers
or with or within existing ancillary support equipment facilities prior to applying
for new communication facility sites.
d4. Order of Preference—Configurations. The order of preference for the
configuration for wireless communication facilities on public property outside the
right-of-way or on private property from most preferred to least preferred is:
(1)a. Collocations on roofs already containing roof-mounted wireless
communication facilities;
(2)b. New installations on existing roofs;
(3)c. Collocations with existing building-mounted wireless communication
facilities, which includes light standards and other utility structures;
(4)d. New installations on existing buildings, which includes light standards and
other utility structures;
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(5)e. Collocations with existing wireless communication facilities on an existing
pole or utility pole;
(6)f. Collocations with existing wireless communication facilities on electric
transmission towers;
(7)g. Collocations with existing freestanding wireless communication facilities;
(8)h. New installations on existing electric transmission towers; and
(9)i. New freestanding wireless towers.
5. For small cell facilities in the right-of-way, the order of preference is:
(1)a. Installations on an existing pole or utility pole; and
(2)b. Installation on a new pole or utility pole;.
e6. Order of Preference—Location. The order of preference for the location of
wireless communications facilities from most preferred to least preferred is:
(1)a. City-owned property or structures outside the public rights-of-way;
(2)b. City-owned property and the public rights-of-way adjacent to non-residential
zoning districts;
(3)c. The public institutional (PI) zone;
(4)d. Industrial zones;
(5)e. Commercial zones;
(6)f. Mixed-use zones;
(7)g. Open spaces;
(8)h. Public rights-of-way adjacent to residential zoning districts; and
(9)i. Residential zones.
f7. Accessory Equipment. Except for pole-mounted small cell facilities in the public
right-of-way, in order of preference from most preferred to least preferred,
accessory equipment for wireless communications facilities shall be:
(1)a. Within a building or structure;
(2)b. Located underground;
(3)c. In a rear yard if not readily visible from surrounding properties and the
roadway;
(4)d. On a screened roof top area or structure; and
(5)e. Any other location.
11K. Development Standards and Regulations for all Wireless Communication Facilities.
a1. Basic Requirements. The design and development standards set forth in this
section apply to all wireless communications facilities no matter where they are
located. Wireless communications facilities shall be designed and maintained so
as to minimize visual, noise, and other impacts on the surrounding community and
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shall be planned, designed, located, and erected in accordance with the design and
development standards in this section.
b2. Antennas. Antenna elements shall be flush mounted, to the extent reasonably
feasible. All antenna mounts shall be designed so as not to preclude possible
future collocation by the same or other operators or carriers. Antennas shall be
situated as to reduce visual impact without compromising their function. Whip
antennas need not be screened.
c3. Colors and materials. All antennas, poles, towers, or equipment, including
ancillary support equipment, shall have a non-reflective finish and shall be painted
or otherwise treated to match or blend with the primary background and minimize
visual impacts. Antennas attached to a building shall be painted or otherwise
treated to match the exterior of the building or the antenna's background color. All
ground-mounted equipment shall be covered with a clear anti-graffiti type
material of a type approved by the director or shall be adequately secured to
prevent graffiti.
d4. Signage; Advertisements.
(1)a. All wireless communication facilities must include signage that accurately
identifies basic contact and facility/site information. The applicant/operator
shall notify city of any changes to the information submitted within thirty
days of any change, including change of the name or legal status of the
owner or operator. This information shall include, but is not limited to the
following:
(a)i. Identity, including name, address, and telephone number, and legal
status of the owner of the facility including official identification
numbers and FCC certification, and if different from the owner, the
identity and legal status of the person or entity responsible for
operating the facility;
(b)ii. Name, address and telephone number of a local contact person for
emergencies; and
(c)iii. Type of service provided. Identification signs, including
emergency phone numbers of the utility provider, shall be posted at
all communication facility sites.
(2)b. Wireless communication facilities may not bear any other signage or
advertisements unless expressly approved by the city, required by law or
recommended under FCC or other United States governmental agencies for
compliance with RF emissions regulations.
e5. Lighting. No wireless communications facility may include artificial lighting
unless either specifically required by the Federal Aviation Administration (FAA)
or other government agency. Legally required lightning arresters and beacons
shall be excluded when calculating the height of facilities such as
telecommunications towers, lattice towers, and monopoles.
f6. Noise.
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(1)a. Each wireless communications facility shall be operated in such a manner so
as to minimize any possible disruption caused by noise.
(2)b. Backup generators shall only be operated during periods of power outages
and shall not be tested on weekends, holidays, or between the hours of five
p.m. and seven a.m.
(3)c. Each wireless communications facility shall comply with the applicable
noise requirements contained in Chapters 9.44 and 17.12.
(4)d. Any equipment, including, but not limited to, air conditioning units, that may
emit noise that would be audible from beyond three feet from the wireless
communications facility in the case of a facility located in the right-of-way,
or in the case of other facilities the facility's property line, shall be enclosed
or equipped with noise attenuation devices to the extent necessary to ensure
compliance with applicable noise limitations under this code.
g7. Security. Each wireless communications facility shall be designed to be resistant
to, and minimize opportunities for, unauthorized access, climbing, vandalism,
graffiti and other conditions that would result in hazardous situations, visual
blight, or attractive nuisances. The approval authority may require the provision
of warning signs, fencing, anti-climbing devices, or other techniques to prevent
unauthorized access and vandalism when, because of their location or
accessibility, a facility has the potential to become an attractive nuisance. Site
security measures must be designed to enhance concealment to the maximum
extent possible, such as installing equipment within an enclosure designed to
mimic a trash-can corral rather than within a chain link fence.
h8. Backup Power Sources.
(1)a. All backup power supplies (e.g., generators) shall be located within an
equipment enclosure.
(2)b. The approval authority shall not approve any diesel generators or other
similarly noisy or noxious generators in or within two hundred fifty feet from
any residence; provided, however, the approval authority may approve
sockets or other connections used for temporary connection to backup
generators.
(3)c. The city strongly disfavors backup power sources mounted on the ground or
on poles within the public rights-of-way.
i9. Future Collocations and Equipment. To the extent feasible, all new wireless
communication facilities should be designed and sited in a manner that
accommodates potential future collocations and equipment installations that can
be integrated with the proposed wireless facility or its associated structures with
no or negligible visual changes to the outward appearance.
j10. Utilities. All cables and connectors for telephone, primary electric and other
similar utilities must be routed underground in conduits large enough to
accommodate future collocated wireless communication facilities. Meters, panels,
disconnect switches and other associated improvements must be placed in
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inconspicuous locations to the extent possible. The approval authority shall not
approve new overhead utility lines or service drops merely because compliance
with the undergrounding requirements would increase the project cost.
k11. Electromagnetic and Radiofrequency Radiation. The applicant shall provide
certification by a duly licensed engineer, or other qualified professional, as
determined by the city, that the proposed facility will at all times comply with all
applicable health requirements and standards pertaining to electromagnetic and/or
radio frequency radiation established by the FCC.
l12. Interference. Interference with city communication systems is prohibited. All
proposed facility applications shall include reports, as required by the department
of public safety, to evaluate for potential interference (e.g., HF, UHF, VHF, eight
hundred mHz).
m13. Compliance with Laws. All wireless communication facilities must be designed
and sited in compliance with all applicable:
(1)a. Federal, state and local laws, regulations, rules, restrictions and conditions,
which include without limitation regulations established by the FCC, FAA,
CPUC, the California Building Standards Code, and this code;
(2)b. Applicable requirements in the Rohnert Park general plan and any applicable
specific plan; and
(3)c. Any conditions or restrictions in any permit or other governmental approval
issued by any public agency with jurisdiction over the facility.
n14. Modification. At the time of modification of a wireless communications facility,
existing equipment shall, to the extent feasible, be replaced with equipment that
reduces visual, noise, and other impacts, including, but not limited to,
undergrounding the equipment and replacing larger, more visually intrusive
facilities with smaller, less visually intrusive facilities.
o15. City Design Guidelines. All new wireless facilities and collocations,
modifications, or other changes to existing wireless facilities must conform to any
design and development standards adopted by resolution of the city council.
p16. Administrative Application Requirements and Design Guidelines. The director
may develop and from time-to-time amend application forms and requirements
and develop administrative design guidelines, provided that such guidelines are
consistent with the generally applicable development standards and any facility-
specific development standards in this section, in order to supplement and clarify
the standards in this section for city staff, applicants and the public. The director
shall publish such guidelines in advance of their effective date.
12L. Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way.
a1. Basic Requirements. In addition to the requirements in Subsection 11 Section
17.07.050(K) (Development Standards and Regulations for all Wireless
Communication Facilities), all new wireless communication facilities located
outside of the public right-of-way that are not an eligible facilities request or a
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colocation facility subject to California Government Code Section 65850.6 must
conform to the requirements in this subsection.
b2. Macrocell Facility Separation and Location Requirements. Macrocell facilities
must be separated as follows:
Minimum Distance from a Macrocell Facility to a:
Macrocell Facility on the Same Parcel Macrocell Facility on Another Parcel
50 feet 1,000 feet
c3. Maximum Number of Macrocell Facilities Per Parcel. A maximum of four
macrocell facilities may be installed on a parcel.
d4. Concealment. Wireless communication facilities must incorporate concealment
elements, measures and techniques that blend the equipment and other
improvements into or screen the facilities from the natural and/or built
environment in a manner consistent and/or compatible with the uses germane to
the underlying zoning district and existing in the immediate vicinity. Concealment
methods may include:
(1)a. A facility mimicking a native tree species or a rock outcrop in an open space
or hillside location where other natural elements exist to provide effective
camouflaging and/or concealment;
(2)b. Locating a facility on a building's roof, possibly in conjunction with a
parapet, a tower, or a similar architectural element, to obscure its appearance
from the adjoining public right(s)-of-way;
(3)c. Painting and/or covering a building-mounted facility to match the appearance
of the building.
e5. Landscaping. All new macrocell facilities and any ground mounted wireless
facilities not in the public right-of-way must include a landscape plan when
proposed to be placed in a landscaped area. The landscape plan must include
existing vegetation, vegetation proposed to be removed or trimmed, and
identification of proposed landscaping by species type, size, and location. All
plants proposed must be fire safe, native and/or drought-resistant. Landscape
plans shall include site features, such as use of vegetation or rock outcrop,
designed to screen such facilities from public view or from view of adjacent
properties.
f6. Parking; Access. Any equipment or improvements constructed or installed in
connection with any wireless communication facilities must not reduce any
parking spaces below the minimum requirement for the subject property.
Whenever feasible, wireless communication facilities should use existing parking
and access rather than construct new parking or access improvements. Any new
parking or access improvements should be the minimum size necessary to
reasonably accommodate the proposed use. New parking or access improvements
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shall be prohibited in the open space for agriculture and resource management and
open space for environmental conservation districts.
g7. Accessory Equipment. Accessory equipment located within the front or side yard
shall be located to be screened by landscaping and placed in close proximity to
existing above ground utilities (such as electrical tower or utility poles), light
poles, trees of comparable height, water tanks, and other areas where the ground
mounted facility will not detract from the image or appearance of the city.
13M. Development Standards for Freestanding Wireless Communication Facilities Located
Outside of the Public Right-of-Way.
a1. Basic Requirements. In addition to the requirements in Subsection 11 (Section
17.07.050(K)(Development Standards and Regulations for all Wireless
Communication Facilities) and Subsection 12 (17.07.050(L)(Development
Standards and Regulations for all Wireless Communication Facilities Located
Outside of the Public Right-of-Way), all new freestanding wireless
communication facilities located outside of the public right-of-way that are not an
eligible facilities request or a colocation facility subject to California Government
Code Section 65850.6 must conform to the requirements in this subsection.
b2. Monopoles and Towers.
(1)a. All monopoles and towers shall be concealed or screened to reduce their
visual presence.
(2)b. Monopoles concealed by artificial foliage (i.e., tree monopole, monopine,
etc.) must match the appearance of natural tree species that appears in the
city.
c3. Tower-Mounted Equipment, All tower-mounted equipment must be mounted as
close to the vertical support structure as possible to reduce its overall visual
profile. Applicants must mount non-antenna, tower-mounted equipment
(including, but not limited to, remote radio units/heads, surge suppressors, and
utility demarcation boxes) directly behind the antennas to the maximum extent
feasible. All tower-mounted equipment, cables and hardware must be painted with
fiat colors subject to the approval authority's prior approval.
d4. Ground-Mounted Equipment; Shelters. All ground-mounted equipment must be
concealed underground or within an existing or new structure, opaque fences, or
other enclosures subject to the approval authority's prior approval. Ground
mounted enclosures shall incorporate concealment elements to blend the ground-
mounted equipment and other improvements into the natural and/or built
environment.
e5. Height.
(1)a. All freestanding wireless communication facilities shall be of a minimum
functional height. The maximum heights for these facilities in different
locations throughout the city area as follows:
In a District with a Maximum Height that Exceeds 35 feet
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In a District with a
Maximum
Height of 35 feet
Adjacent to a Residential
Zone
Adjacent to Other Zones
35 feet1, 2 65 feet1, 3 75 feet3
Footnotes:
1. Facilities located adjacent to residentially zoned properties shall be setback at a ratio of
two horizontal feet for every one foot in height and shall not be readily visible from the
nearest residentially zoned property.
2. Facilities may exceed by eight feet the maximum permitted height in the underlying
zoning district by conditional use permit.
3. Facilities that exceed thirty-five feet in height require conditional use permit approval.
f6. Setbacks.
(1)a. All freestanding wireless communication facilities shall be setback from any
property line by a minimum of twenty-five feet or the zone's required
setback, whichever is greater.
(2)b. Towers and antennas shall be setback at a ratio of two horizontal feet for
every one foot in height and shall be screened and/or concealed from the
nearest residentially zoned property.
g7. Screening. All freestanding wireless communication facilities shall be sited to be
screened by existing development, topography, or vegetation, to the extent
feasible. Ground mounted facilities are encouraged to be located within buildings,
underground, or in areas where substantial screening by existing buildings or
vegetation can be achieved.
14N. Development Standards and Regulations for Building-Mounted Wireless
Communication Facilities.
a1. Basic Requirements. In addition to the requirements in Subsection 11
(17.07.050(K)(Development Standards and Regulations for all Wireless
Communication Facilities) and Subsection 12 (17.07.050(L)(Development
Standards and Regulations for all Wireless Communication Facilities Located
Outside of the Public Right-of-Way), all new building-mounted wireless
communication facilities that are not an eligible facilities request or a colocation
facility subject to California Government Code Section 65850.6 must conform to
the requirements in this section.
b2. Preferred Concealment Techniques. All applicants should, to the extent feasible,
propose wireless communication facilities that are completely concealed and
architecturally integrated into the existing facade or rooftop features with no
visible impacts from any publicly accessible areas at ground level (examples
include, but are not limited to, antennas behind existing parapet walls or facades
replaced with RF-transparent material and finished to mimic the replaced
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materials). Alternatively, when integration with existing building features is not
feasible, the applicant should propose completely concealed new structures or
appurtenances designed to mimic the support structure's original architecture and
proportions (examples include, but are not limited to, cupolas, steeples, chimneys,
and water tanks). Facilities must be located behind existing parapet walls or other
existing screening elements to the maximum extent feasible.
c3. Facade-Mounted Equipment. When wireless communication facilities cannot be
placed behind existing parapet walls or other existing screening elements, the
approval authority may approve facade-mounted equipment in accordance with
this section. All facade-mounted equipment must be concealed behind screen
walls and mounted as flush to the facade as practicable. The approval authority
may not approve "pop-out" screen boxes unless the design is architecturally
consistent with the original building or support structure. The approval authority
may not approve any exposed facade-mounted antennas, including but not limited
to exposed antennas painted to match the facade. To the extent feasible, facade-
mounted equipment must be installed on the facade(s) along the building frontage
that is the least prominent or publicly visible.
d4. Rooftop-Mounted Equipment.
(1)a. Rooftop-mounted equipment must be screened from public view with
concealment measures that match the underlying structure in proportion,
quality, architectural style and finish. The approval authority may approve
unscreened rooftop equipment only when it expressly finds that such
equipment is effectively concealed due to its low height and/or setback from
the roofline.
(2)b. Rooftop-mounted equipment must be setback from the nearest roof edge(s)
by a minimum of ten feet or distance equivalent to the facility's height,
whichever is greater.
e5. Height.
(1)a. Building mounted wireless communication facilities shall generally not
exceed fifteen feet above the maximum height for that zoning district.
(2)b. Antennas mounted on the side of a building shall not extend above the top of
the building parapet or eave line.
15O. Development Standards and Regulations for Wireless Communication Facilities
Located in the Public Right-of-Way:
a1. Basic Requirements. In addition to the requirements in Subsection 11
(17.07.050(K)(Development Standards and Regulations for all Wireless
Communication Facilities), all new and substantially changed wireless
communication facilities located within the public right-of-way and that are not an
eligible facilities request or a colocation facility subject to California Government
Code Section 65850.6 must conform to the requirements in this section.
b2. Antennas.
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(1)a. Utility Poles. The maximum height of any antenna mounted to an existing
utility pole shall not exceed twenty-four inches above the height of an
existing utility pole, nor shall any portion of the antenna or accessory
equipment mounted on a pole be less than eighteen feet above any drivable
road surface, except for safety shut-off switches, utility meters and
associated conduit. The height limitation for antennas in this section may be
exceeded only to the minimum necessary to comply with required electrical
code safety clearances or applicable safety regulations. All installations on
utility poles shall fully comply with the California Public Utilities
Commission general orders, including, but not limited to, General Order 95,
as may be revised.
(2)b. Street Light Poles. The maximum height of any antenna mounted to a street
light pole shall not exceed seven feet above the existing height of a street
light pole in or adjacent to a non-residential zoning district and shall not
exceed three feet above the existing height of a street light pole in or adjacent
to any other zoning district. Any portion of the antenna or equipment
mounted on such a pole shall be no less than eighteen feet above any
drivable road surface.
c3. Poles.
(1)a. Only pole-mounted antennas shall be permitted in the public right-of-way.
All other telecommunications towers shall be prohibited, and no new pole
installations for the purpose of installing a wireless facility shall be permitted
that are not replacing an existing pole.
(2)b. Pole height and width limitations:
(a)i. All poles shall be designed to be the minimum functional height
and width required to support the proposed antenna installation and
meet FCC requirements. Poles and antennas and similar structures
shall be no greater in diameter or other cross-sectional dimensions
than is necessary for the proper functioning of the facility.
(b)ii. Notwithstanding the above, no facility shall be located on a pole
that is less than twenty-six feet in height.
(c)iii. Pole-mounted equipment must be mounted as close to the pole
as possible to reduce its overall visual profile.
(3)c. If an applicant proposes to replace a pole in order to accommodate the
facility, the pole shall match the appearance of the original pole to the extent
feasible, unless another design better accomplishes the objectives of this
section. Such replacement pole shall not exceed the height of the pole it is
replacing by more than seven feet.
(4)d. If a limited waiver pursuant to Section 7.c17.07.050(G)(3) is granted for
placement of new poles in the right-of-way, new poles shall be designed to
resemble existing poles in the right-of-way, including size, height, color,
materials and style, with the exception of any existing pole designs that are
scheduled to be removed and not replaced, unless another design better
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accomplishes the objectives of this section. Such new poles that are not
replacement poles shall be located no closer than ninety feet to an existing
pole.
d4. Space Occupied. Facilities shall be designed to occupy the least amount of space
in the right-of-way that is technically feasible.
e5. Location.
(1)a. Each component part of a facility shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
inconvenience to the public's use of the right-of-way, or safety hazards to
pedestrians and motorists.
(2)b. A facility shall not be located within any portion of the public right-of-way
interfering with access to fire hydrants, fire stations, fire escapes, water
valves, underground vaults, valve housing structures, or any other vital
public health and safety facility.
(3)c. Pole-mounted equipment, above-ground accessory equipment, or walls,
fences, landscaping or other screening methods shall be setback a minimum
of eighteen inches from the front of a curb.
(4)d. All pole-mounted equipment and required or permitted signage must face
toward the street or otherwise placed to minimize visibility from adjacent
sidewalks and structures.
(5)e. Where feasible, all new wires needed to service the wireless communications
facility must be installed within the width of the utility pole. If it is not
feasible to install wiring inside of the utility pole due to the pole material,
wires shall be installed in a manner that minimizes the use of visible wiring,
minimizes bulk and avoids the spooling of excess cable.
f6. Accessory Equipment. With the exception of the electric meter, which shall be
pole-mounted to the extent feasible, all accessory equipment shall be located
underground to the extent feasible. When above-ground is the only feasible
location for a particular type of accessory equipment and when such accessory
equipment cannot be pole-mounted, such accessory equipment shall be enclosed
within a structure, and shall not exceed a height of five feet and a total footprint of
fifteen square feet, and shall be screened and camouflaged to the fullest extent
possible, including the use of landscaping or alternate screening. Required
electrical meter cabinets shall be adequately screened and camouflaged.
g7. Concealment. All wireless communication facilities in the right-of-way must be
concealed to the maximum extent feasible with design elements and techniques
that mimic or blend with the underlying support structure, surrounding
environment and adjacent uses. In addition, wireless communication facilities in
the rights-of-way may not unreasonably subject the public use, for any purpose
including expressive or aesthetic purposes, to inconvenience, discomfort, trouble,
annoyance, hindrance, impediment or obstruction.
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h8. Americans with Disabilities Act Compliance. All facilities shall be built and
located in compliance with the Americans with Disabilities Act (ADA) and any
applicable state law accessibility standards.
i9. Documentation. The applicant shall provide documentation satisfactory to the
director establishing compliance with this section.
16P. Temporary Wireless Communication Facilities.
a1. General Requirements for Temporary Wireless Communication Facilities. Except
as provided in Section 16.b (17.07.050(P)(2)(Temporary Wireless
Communication Facilities for Emergencies), the requirements, procedures and
standards in this subsection shall be applicable to all applications for a temporary
conditional use permit for a temporary wireless facility.
(1)a. Applications for Temporary Wireless Communication Facilities. The director
shall not approve any temporary wireless facility subject to a temporary
conditional use permit except upon a duly filed application and any other
written application requirements or procedures the director may publish in
any publicly-stated format. An application must include the information
required by Section 17.25.041 (Application) and the following additional
information:
(a)i. A site plan that shows the proposed temporary wireless facility and
its equipment, physical dimensions and placement on the proposed
site relative to property lines and existing structures; and
(b)ii. An RF compliance report demonstrating compliance with
applicable FCC regulations.
(2)b. Review of Temporary Wireless Communication Facilities. Temporary
conditional use permit applications for temporary wireless communication
facilities are subject to the review process described In Section 17.25.043
(Decision/appeal).
(3)c. Required Findings for Temporary Wireless Communication Facilities, The
Director may approve or conditionally approve a temporary use permit for a
temporary wireless facility only when the director finds all of the following:
(a)i The facility meets the findings required for all temporary
conditional use permits listed in Section 17.25.042
(Findings/conditions);
(b)ii. The proposed temporary wireless facility will not exceed fifty feet
in overall height above ground level;
(c)iii. The proposed temporary wireless facility will be placed as far
away from adjacent property lines as possible, or otherwise in a
location that will be least likely to cause adverse impacts on
adjacent properties; and
(d)iv. Any excavation or ground disturbance associated with the
temporary facility will not exceed two feet below grade;
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(e)v. The proposed temporary wireless facility will be compliant with all
generally applicable public health and safety laws and regulations,
which includes without limitation compliance with maximum
permissible exposure limits for human exposure to RF emissions
established by the FCC;
(f)vi. The proposed temporary wireless facility will not create any
nuisance or violate any noise limits applicable to the proposed
location;
(g)vii. The proposed temporary wireless facility will be identified
with a sign that clearly identifies the (i) site operator, (ii) the
operator's site identification name or number and (iii) a working
telephone number answered twenty-four hours per day, seven days
per week by a live person who can exert power-down control over
the antennas;
(h)viii. The proposed temporary wireless facility will be removed
within thirty days after the Director grants the temporary use
permit, or such longer time as the Director finds reasonably related
to the applicant's need or purpose for the temporary wireless
facility; and
(i)ix The applicant has not been denied a use permit for any permanent
wireless facility in the same or substantially the same location
within the previous three hundred sixty-five days.
(4)d Appeals for Temporary Wireless Communication Facilities. The appeal of
temporary conditional use permit determinations for temporary wireless
communication facilities are subject to the review process described in
Section 17.25.043 (Decision/appeal).
b2. Temporary Wireless Communication Facilities for Emergencies. Temporary
wireless communication facilities may be placed and operated within the city
without a temporary use permit only when a duly authorized federal, state, county
or city official declares an emergency within a region that includes the city in
whole or in part. Any temporary wireless communication facilities placed
pursuant to this section must be removed within fifteen days after the date the
emergency is lifted. Any person or entity that places temporary wireless
communication facilities pursuant to this section must send a written notice that
identifies the site location and person responsible for its operation to the director
as soon as reasonably practicable.
17Q. Eligible Facility Requests and Collocation Facility Requests Pursuant to California
Government Code Section 65850.6.
a1. Applicability. This subsection applies to all collocations or modifications to an
eligible facilities request,
b2. Approval Required. An eligible facilities request shall be subject to the director's
approval, conditional approval or denial without prejudice pursuant to the
standards and procedures contained in this subsection.
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c3. Other Regulatory Approvals. Approval granted under this subsection shall remain
subject to any and all lawful conditions or requirements associated with such other
permits or regulatory approvals from the city and state or federal agencies.
d4. Application Requirement. The city shall not approve any eligible facilities request
except upon a duly filed application consistent with this section and any other
written rules the city or the director may establish from time to time consistent
with applicable federal law. The applicant shall provide a written statement that
explains in plain factual detail the basis under which the proposed project
qualifies as an eligible facilities request. As part of this written statement the
applicant must also explain in detail and provide evidence that: (a) the support
structure qualifies as an existing tower or existing base station; and (b) the
proposed collocation or modification does not cause a substantial change, as
defined in 47 C.F.R. Section 1.6100(b)(7), to an eligible support structure. Bare
conclusions without factual support shall not meet the requirements of this
subsection. An application for a wireless communications collocation facility
under California Government Code Section 65850.6(a) shall be processed in the
same manner as an application for an eligible facilities request is processed,
except that where the process requires justification for the approval of an eligible
facilities request, the applicant shall instead provide the justification for a
collocation facility under California Government Code Section 65850.6(a), and
shall also describe or depict the wireless communications collocation facility as
built and the proposed colocation facility at full build-out, including, but not
limited to, all antennas, antenna support structures, and accessory equipment.
e5. Pre-Submittal Conference. Before application submittal, applicants are
encouraged to schedule and attend a pre-application meeting with the Director for
all proposed modifications submitted for approval.
f6. Administrative Review. The director shall administratively review an application
for an eligible facilities request and act on such an application without prior notice
or a public hearing within the time periods required pursuant to applicable FCC
regulations; including 47 C.F.R. Section 1.6001(c)(3).
g7. Required Findings for Approval of an Eligible Facilities Request. The approval
authority shall approve or conditionally approve an application submitted for an
eligible facilities request when the approval authority finds that the proposed
project qualifies as an eligible facilities request, and does not result in a
substantial change to an eligible support structure, as set forth in 47 C.F.R.
Section 1.6100(b)(7).
h8. Required Findings for Approval of a Collocation Facility under 65850.6. The
approval authority shall approve or conditionally approve an application
submitted for a collocation facility under 65850.6 if:
(1)a. The wireless telecommunications collocation facility that will host the
proposed collocation facility:
(a)i. Was approved after January 1, 2007, by discretionary permit;
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(b)ii. Was approved subject to an environmental impact report, negative
declaration, or mitigated negative declaration;
(2)b. The proposed colocation facility incorporates all required mitigation
measures in the applicable environmental document for the wireless
telecommunications colocation facility; and
(3)c. The proposed colocation facility complies with all conditions of approval in
the original wireless telecommunications collocation facility permit,
including all standards for height, location, bulk, size and types of wireless
telecommunication facilities allowed for a colocation facility.
i9. Supplemental Conditions of Approval. In addition to all other conditions set forth
in subsection 8,Section 17.07.050(H), all approvals for an eligible facility request
shall be subject to the following supplemental conditions set forth in this
subsection:
(1)a. Permit Term. The city's grant or grant by operation of law of a permit for an
eligible facilities request constitutes a federally-mandated modification to the
underlying permit or other prior regulatory authorization for the subject
tower or base station. The city's grant or grant by operation of law of such
approval does not extend the permit term, if any, for any underlying permit,
or other underlying prior regulatory authorization. Accordingly, the term for
any permit issued for an eligible facilities request shall be coterminous with
the underlying permit or other prior regulatory authorization for the subject
tower or base station.
(2)b. Accelerated Permit Terms Due to Invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012 or any FCC regulation that
interprets Section 6409 such that federal law would no longer mandate
approval for eligible facilities requests, all permits for eligible facility
requests shall automatically expire one year from the effective date of the
judicial order, unless the decision would not authorize the termination of
previously approved eligible facility request permits or the director grants an
extension until the end of the original permit term upon written request from
the permittee that demonstrates good cause for the extension, which includes,
without limitation, extreme financial hardship or that permit invalidation is
prohibited under other applicable state or federal law. A permittee shall not
be required to remove its improvements approved under the invalidated
approval when it has submitted an application for an appropriate permit for
those improvements before the one-year period ends.
(3)c. No Waiver of Standing. The city's grant or grant by operation of law of an
approval for an eligible facilities request does not waive, and shall not be
construed to waive, any standing by the city to challenge Section 6409 or any
FCC rules that interpret Section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012.
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18R. Supplemental Conditions for Small Cell Facilities. In addition to the conditions
provided in subsection 8 of this sectionSection 17.07.050(H) and any supplemental
conditions imposed by the approval authority, all permits for a small cell facility shall
be subject to the following condition, unless modified by the approval authority:
a1. No waiver of standing. The city's grant of a permit for a small cell facility does
not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules.
19S. Operation and Maintenance Standards.
a1. All wireless communication facilities must comply at all times with the following
operation and maintenance standards. All necessary repairs and restoration shall
be completed by the permittee, owner, or operator within five business days,
unless the condition of the facility is considered by the director to be a public
safety emergency. In the case of a public safety emergency then the time limit to
complete repairs and restoration is forty-eight hours. The time period shall
commence:
(1)a. After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
(2)b. After permittee, owner, operator, or any designated maintenance agent
receives notification from a resident or the director.
b2. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
(1)a. General dirt and grease;
(2)b. Chipped, faded, peeling, and cracked paint;
(3)c. Rust and corrosion;
(4)d. Cracks, dents, and discoloration;
(5)e. Missing, discolored, or damaged artificial foliage, or other camouflage;
(6)f. Graffiti, bills, stickers, advertisements, litter, and debris;
(7)g. Vandalism;
(8)h. Broken and misshapen structural parts; and
(9)i. Any damage from any cause.
Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize
occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility
or equipment as soon as practicable, and in no instances more than forty-eight hours from the
time of notification by the city.
c3. All trees, foliage, or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times in accordance with the approved
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landscape plan, and the permittee, owner and operator of the facility shall be
responsible for replacing any damaged, dead or decayed landscaping as promptly
as reasonable possible. No amendment to any approved landscaping plan may be
made until it is submitted to and approved by the director or designee.
d4. Monopoles concealed by foliage must be maintained over time to provide for the
continuing concealment of the facility. Replacement leaves and branches must
match the color and architecture of the existing foliage.
e5. The permittee shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was
in at the time of installation.
f6. Each facility shall be operated and maintained at all times in compliance with
applicable federal regulations, including FCC radio frequency emissions
standards.
g7. Each facility shall be operated and maintained to comply at all times with the
noise regulations of this section and shall be operated and maintained in a manner
that will minimize noise impacts to surrounding residents. Except for emergency
repairs, any testing and maintenance activities that will be audible beyond the
property line shall only occur between the hours of seven a.m. and five p.m. on
Monday through Friday, excluding holidays, unless alternative hours are approved
by the director. Backup generators, if permitted, shall only be operated during
periods of power outages, and shall not be tested on weekends or holidays, or
between the hours of ten p.m. and seven a.m. on weekday nights. At no time shall
equipment noise from any source exceed an exterior noise level of sixty dB at the
property line.
h8. Each facility shall not interfere with city communication systems.
i9. If a flagpole is used for camouflaging a wireless communications facility, flags
shall be flown and shall be properly maintained at all times.
j10. Each owner or operator of a facility shall routinely inspect each site to ensure
compliance with the standards set forth in this section and the conditions of
approval.
20T. Cessation of Use or Abandonment.
a1. A wireless communications facility is considered abandoned and shall be
promptly removed as provided herein if it ceases to provide wireless
communications services for ninety or more consecutive days.
b2. The operator of a facility shall notify the city in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within thirty days of ceasing or abandoning use. For facilities to be located on
public property, this removal requirement, and appropriate bonding requirement,
shall be included within the terms of the lease. For facilities to be located on
private property, since the subject property owner may be held responsible for
removal of the equipment, the terms of private leases are encouraged to include
the equipment removal as a provision of the lease.
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21U. Removal and Restoration, Permit Expiration, Revocation or Abandonment.
a1. Permittee's Removal Obligation. Upon the expiration date of the permit, including
any extensions, earlier termination or revocation of the permit or abandonment of
the facility, the permittee, owner or operator shall remove its wireless
communications facility and restore the site to its natural condition except for
retaining the landscaping improvements and any other improvements at the
discretion of the city. Removal shall be in accordance with proper health and
safety requirements and all ordinances, rules, and regulations of the city. The
facility shall be removed from the property within thirty days, at no cost or
expense to the city. If the facility is located on private property, the private
property owner shall also be independently responsible for the expense of timely
removal and restoration.
b2. Failure to Remove. Failure of the permittee, owner, or operator to promptly
remove its facility and restore the property within thirty days after expiration,
earlier termination, or revocation of the permit, or abandonment of the facility,
shall be a violation of this code, and be grounds for:
(1)a. Prosecution;
(2)b. Calling of any bond or other assurance required by this section or conditions
of approval of permit;
(3)c. Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at the owner's
expense; and/or
(4)d. Any other remedies permitted under this code.
c3. Removal of Facilities by City. In the event the city removes a facility in
accordance with nuisance abatement procedures or summary removal, any such
removal shall be without any liability to the city for any damage to such facility
that may result from reasonable efforts of removal. In addition to the procedures
for recovering costs of nuisance abatement, the city may collect such costs from
the performance bond posted and to the extent such costs exceed the amount of
the performance bond, collect those excess costs in accordance with this code.
Unless otherwise provided herein, the city has no obligation to store such facility.
Neither the permittee nor the owner nor operator shall have any claim if the city
destroys any such facility not timely removed by the permittee, owner, or operator
after notice, or removed by the city due to exigent circumstances.
22V. Definitions. For the purposes of this section, the following words, phrases, and terms
shall have the meanings set forth herein. Words not defined shall be given their
common and ordinary meaning.
a1. "Accessory equipment" means any equipment associated with the installation of a
wireless communications facility, including, but not limited to, cabling,
generators, air conditioning units, electrical panels, equipment shelters, equipment
cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface
location markers.
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b2. "Antenna" means that part of a wireless communications facility designed to
radiate or receive radio frequency signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging, personal
communications services (PCS) and microwave communications. Such devices
include, but are not limited to, directional antennas, such as panel antenna,
microwave dishes, and satellite dishes; omnidirectional antennas; wireless access
points (Wi-Fi); and strand-mounted wireless access points.
c3. "Approval authority" means the city official, commission, or governing entity
responsible for review of permit applications and vested with the authority to
approve or deny such applications. The approval authority for a conditional use
permit is the planning commission or, on appeal, the city council. The approval
authority for an administrative permit or temporary use permit is the director, or
on appeal, the planning commission, unless the administrative permit is for an
eligible facilities request or approval for collocation pursuant to California
Government Code Section 65850.6, in which case the appeal shall be considered
by the city manager.
d4. "Base station" means "base station" as defined in 47 C.F.R. Section 1.6100(b)(2),
as may be amended.
e5. "Building-mounted" means mounted to the side or facade, but not the roof, of a
building or another structure such as a water tank, pump station, church steeple,
freestanding sign, or similar structure.
f6. "Cellular" means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
g7. "Collocation" means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(2) as may be amended.
h8. "Communication facility" means an unstaffed facility, generally consisting of
antennas, and equipment cabinet or structure, and related equipment, which
receives and/or transmits electromagnetic waves, light waves, radio frequencies or
other types of signals.
i9. "CPCN" means a "certificate of public convenience and necessity" granted by the
CPUC or its duly appointed successor agency pursuant to California Public
Utilities Code Sections 1001 et seq., as may be amended.
j10. "CPUC" means the California Public Utilities Commission established in the
California Constitution, Article XII, § 5, or its duly appointed successor agency.
k11. "Director" means the director of the development services department of the City
of Rohnert Park, or the director's designee.
l12. "Eligible facilities request" means the same as defined by the FCC in 47 C.F.R.
Section 1.6100(b)(3), as may be amended.
m13. "Eligible support structure" means the same as defined by the FCC in 47 C.F.R.
Section 1.6100(b)(4), as may be amended.
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n14. "Equipment cabinet" means a cabinet or structure used to house equipment
associated with a wireless, hard wire, or cable communication facility.
o15. "Existing" means the same as defined by the FCC in 47 C.F.R. Section 1,6100, as
may be amended, which provides that a constructed tower or base station is
existing for purposes of the FCC's Section 6409 regulations if it has been
reviewed and approved under the applicable zoning or siting process, or under
another state or local regulatory review process, provided that a tower that has not
been reviewed and approved because it was not in a zoned area when it was built,
but was lawfully constructed, is existing for purposes of this definition.
p16. "FCC" means the Federal Communications Commission or its duly appointed
successor agency.
q17. "FCC shot clock" means the reasonable time frame within which the city
generally must act on a given wireless application as set forth in 47 C.F.R. Section
1.6003, as may be amended.
r18. "Light standard" means a raised light source, supported by a concrete, metal, or
wood pole, located on the edge of a sidewalk, street, and/or pathway.
s19. "Macrocell facility" is any proposed personal wireless service facility that does
not meet the definition of a "small wireless facility," as defined in 47 C.F.R.
Section 1.6002(1), and that does not meet the definition of an eligible facilities
request under 47 C.F.R. Section 1.6100(b)(3).
t20. "Modification" means any change to an existing wireless communications facility
that involves any of the following: Collocation, expansion, modification,
alteration, enlargement, intensification, reduction, or augmentation, including, but
not limited to, a change in size, shape, color, visual design, or exterior material.
Modification does not include repair, replacement, or maintenance if those actions
do not involve a change to the existing facility involving any of the following:
Collocation, expansion, modification, alteration, enlargement, intensification,
reduction, or augmentation.
u21. "Monopole" means a structure consisting of a single pole used to support antennas
or related equipment and includes a monopine, monoredwood, and similar
monopoles camouflaged to resemble trees or other objects.
v22. "OTARD device" means any antenna or mast meeting the requirements set forth
in 47 C.F.R. Sections 1.4000(a)(1)(i)—(iv).
w23. "Personal wireless services" means the same as defined in 47 U.S.C. Section
332(c)(7)(C)(i), as may be amended.
x24. "Personal wireless service facility" means a facility that is used to provide
personal wireless services.
y25. "Pole" means a single shaft of wood, steel, concrete, or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and as
required by provisions of this code.
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z26. "Public right-of-way or "right-of-way" means any public street, public way, public
alley or public place, laid out or dedicated, and the space on, above or below it,
and all extensions thereof, and additions thereto, under the jurisdiction of the city.
aa27. "RF" means radio frequency or electromagnetic waves between thirty kHz and
three hundred GHz in the electromagnetic spectrum range.
bb28. "Roof-mounted" means mounted directly on the roof of any building or
structure, above the eave line of such building or structure.
cc29. "Service provider" means any authorized provider of personal wireless
services to end users.
dd30. "Site" means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(6), as may be amended, which provides that for towers other than
towers in the public rights-of-way, the current boundaries of the leased or owned
property surrounding the tower and any access or utility easements currently
related to the site, and, for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission equipment already
deployed on the ground.
ee31. "Small cell facility" shall have the same meaning as "small wireless facility"
in 47 C.F.R. Section 1.6002(1), or any successor provision (which is a personal
wireless services facility that meets the following conditions that, solely for
convenience, have been set forth below):
(1)a. The facility:
(a)i. Is mounted on a structure fifty feet or less in height, including
antennas, as defined in 47 C.F.R. Section 1.1320(d); or
(b)ii. Is mounted on a structure no more than ten percent taller than other
adjacent structures; or
(c)iii. Does not extend an existing structure on which it is located to a
height of more than fifty feet or by more than ten percent,
whichever is greater;
(2)b. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section
1.1320(d)), is no more than three cubic feet in volume;
(3)c. All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than twenty-eight cubic
feet in volume;
(4)d. The facility does not require antenna structure registration under 47 C.F.R.
Part 17;
(5)e. The facility is not located on tribal lands, as defined under 36 C.F.R. Section
800.16(x); and
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(6)f. The facility does not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in 47 C.F.R. Section
1.1307(b).
ff32. "Substantial change" means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(7), as may be amended.
gg33. "Telecommunications tower" or "tower" means any structure built for the sole
or primary purpose of supporting any FCC-licensed or authorized antennas and
their associated facilities, including structures that are constructed for personal
wireless services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul, and the associated site. This definition does not
include utility poles.
hh34. "Temporary wireless communication facilities" means portable wireless
communication facilities intended or used to provide personal wireless services on
a temporary or emergency basis, such as a large-scale special event in which more
users than usual gather in a confined location or when a disaster disables
permanent wireless communication facilities. Temporary wireless communication
facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels
("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless
communication facilities not permanently affixed to site on which is located.
ii35. "Transmission equipment" means the same as defined by the FCC in 47 C.F.R.
Section 1.6100(b)(8), as may be amended, which defines that term as equipment
that facilitates transmission for any FCC-licensed or authorized wireless
communication service, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
jj36. "Utility pole" means a pole or tower owned by any utility company that is
primarily used to support wires or cables necessary to the provision of electrical,
phone or other utility services. A tower is not a utility pole.
kk37. "Wireless" or "wireless services" means personal wireless service, as defined
in 47 U.S.C. Section 332(c)(7)(C)(i).
ll38. "Wireless communication facility" or "wireless telecommunication facility"
means any facility constructed, installed, or operated for personal wireless service,
as defined in 47 U.S.C. Section 332(c)(7)(C)(i), and includes, but is not limited to,
antennas or other types of equipment for the transmission or receipt of such
signals, telecommunications towers or similar structures supporting such
equipment, related accessory equipment, equipment buildings, parking areas, and
other accessory development. "Wireless telecommunications facility" specifically
excludes the following:
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(1)a. A facility that qualifies as an amateur station as defined by the FCC, 47
C.F.R. Part 97, of the Commission's Rules, or its successor regulation;
(2)b. Any OTARD device;
(3)c. Portable radios and devices including, but not limited to, hand-held,
vehicular, or other portable receivers, transmitters or transceivers, cellular
phones, CB radios, emergency services radio, and other similar portable
devices as determined by the director.
F. 17.07.060 - Amateur Radio Service Installations.
1A. Purpose. The purpose of this section is to regulate amateur radio service facilities
subject to licensing by the FCC, in a manner consistent with FCC regulation 47 C.F.R.
Section 97.15 and California Government Code Section 65850.3. The city finds that
regulation of the size, location, height and screening of antennas is necessary for the
preservation of the health, safety and welfare of the community. More stringent
regulation of antennas is necessary in residential areas compared to nonresidential
areas in order to preserve the appearance of the community.
2B. Amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a
"HAM" radio transmission), including antenna structures, shall be considered a
permitted use, provided there is no more than one antenna structure on a single parcel
and the antenna structure does not exceed the maximum building height limits of the
zoning district.
3C. Exceeding the maximum height limits of the applicable zoning district, or having more
than one antenna structure, shall be permitted upon first obtaining a use permit. A use
permit may be granted by the planning commission upon a demonstration by the
applicant that:
a1. That the antenna structures, including antennas, guy wires, support structures and
accessory equipment shall be located, sized and designed so as to minimize the
amount of the antenna that is visible from surrounding properties, public streets
and all public rights-of-way, recognizing that complete screening may not be
possible; and
b2. That the proposed height or number of installations will not pose a public safety
hazard; and
c3. That issuance of a use permit is necessary to reasonably accommodate the desire
for communication using the amateur radio service, and this desire cannot be
sufficiently accommodated by a single antenna structure meeting the height limits
of the applicable zoning district.
G. 17.07.070 - Day Care Home, Family.
1. Small Family Day Care: A smallA family day care is a home which provides family
day care to eightfourteen or fewer children, on a less than twenty-four hour basis,
including children under the age of twelve who reside in the home. Small
familyFamily day cares are permitted in all districts where residences are permitted.
The use of single-family residences as small family day care homes shall be considered
a residential use of property.
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2. Large Family Day Care: A home which provides family day care to nine to fourteen children, inclusive,
on a less than a twenty-four hour basis, including children under the age of twelve who reside in the
home. Large family day care homes may be allowed in detached single-family dwellings located on
residentially zoned lots with approval of a conditional use permit and subject to the following
provisions:
a. Site factors to be considered shall include, but not be limited to, available play area, local traffic,
and street design, and impacts on surrounding land uses.
b. No conditional permit shall be issued if there is another approved large family day care home
operating adjacent to the proposed site or if the granting of the permit will result in a residence
being bounded on more than one side by a large family day care facility.
c. If the operator is to have more than one employee or care provider other than himself
or herself, off-street parking shall be provided for each such additional employee or
provider.
d. Garages shall be allowed for use as a family day care area only if a conditional use permit for a
garage conversion is approved.
e. The use shall be subject to the noise provisions of Chapter 9.44 of the Rohnert Park Municipal
Code.
f. There shall be no sign or other exterior evidence identifying the day care operation.
I. 17.07.080 - Drive-Through Window.
1A. Drive-through window service may be permitted in indicated districts only with
approval of a conditional use permit and subject to the following provisions. The
provisions of this section shall apply to all new drive-through windows and existing
businesses with drive-through window service proposing to expand their gross floor
area by more than thirty percent or increase by more than fifty percent the number of
restaurant seats. Floor area added for the purpose of compliance with state and local
health laws or access requirements of the disabled shall not be included in floor area
calculations for the purpose of determining the applicability of this section.
2B. Minimum development standards.
a1. When located on a site adjacent to, or separated by an alley from, any residentially
zoned property, a drive-through window shall not open prior to 6:00 a.m., nor
remain open after 10:00 p.m.
b2. Premises with drive-through windows shall have two points of ingress/egress.
c3. Drive-through windows shall have a capacity for queuing a minimum of six
vehicles behind menu board. Queuing area shall not interfere with on or off-site
circulation patterns and shall be reviewed and approved by the city engineer prior
to approval of a conditional use permit.
d4. A parking and vehicular circulation plan encompassing adjoining streets and
alleys shall be submitted for review and approval by the city engineer and
planning and community development director prior to approval of a conditional
use permit.
e5. A minimum of one outdoor trash receptacle shall be provided on-site adjacent to
each driveway exit or as approved by the planning and community development
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director. At least one additional on-site outdoor trash receptacle shall be provided
for every ten required parking spaces.
f6. Any drive-up or drive-through speaker system shall be limited to one that emits
no more than fifty decibels four feet between the vehicle and the speaker, and
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 not be located within thirty feet of any residential
uses or residential districts.
g7. Premises with drive-through windows shall be located on a permanent foundation.
h8. Premises with drive-through windows shall obtain development plan approval
from the county health department.
i9. Pedestrian walkways should not intersect the drive-through drive aisles, but where
they do, they shall have clear visibility, and they must be emphasized by enriched
paving or striping.
j10. Drive-through aisles shall have a minimum fifteen-foot width on curves and a
minimum eleven-foot width on straight sections. The outside radius of the curves
shall be a minimum of thirty feet.
k11. All service areas, rest rooms and ground-mounted and roof-mounted mechanical
equipment shall be screened from view.
l12. Landscaping shall screen drive-through or drive-in aisles from the public right-of-
way and shall be used to minimize the visual impact of reader board signs and
directional signs.
m13. Drive-through aisles shall be paved.
n14. Parking areas and the drive-through aisle and structure shall be setback from the
ultimate curb face a minimum of fifteen feet.
J. 17.07.090 - Firearm Dealers and Firearm Ammunition Dealers.
1A. Firearm dealers and firearm ammunition dealers may be permitted in indicated districts
only with approval of a conditional use permit and subject to the following provisions,
except these provisions shall not apply to the following uses:
a1. Dealers that sell five or less firearms per year.
b2. Retail establishments where the sale of firearms is incidental to the primary
business (i.e., less than five percent of the floor area is devoted to the sale, display
and storage of firearms; e.g., sporting goods store or big box retailer).
2B. The words and phrases "firearms" and "firearm dealer" shall be defined as set forth in
Chapter 9.92, Retail Firearms Dealers, of this code. The words and phrases "firearm
ammunition" and "firearm ammunition dealer" shall be defined as set forth below:
a1. "Firearm ammunition" means any cartridge or encasement containing a bullet or
projectile, propellant or explosive charge, and a primer which is used in the
operation of firearms, and any component thereof.
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b2. "Firearm ammunition dealer" means any person engaged in the business of
selling, leasing, or transferring of any firearm ammunition, or the preparation for
such conduct of business, as evidenced by the application for or securing of
applicable state or federal licenses; or the holding of oneself out as engaged in the
business of selling, transferring, or leasing of any firearm ammunition; or the
selling, transferring or leasing of firearm ammunition in quantity, in series or in
individual transactions, or in any other manner indicative of trade.
3C. The planning commission may approve a conditional use permit for a firearm dealer or
a firearm ammunition dealer, provided that the use conforms to any and all applicable
use permit or other criteria set forth in the particular zoning district regulations, and to
all of the following criteria:
a1. The dealer in firearms or dealer in firearm ammunition shall not be located within
two hundred fifty feet of the exterior limits of:
(1)a. Any premises occupied by a public or private day care center, family day
care home, or school;
(2)b. A public park, recreation center or other similar public property at which
children regularly congregate; or
(3)c. Any premises occupied by a dealer in firearms, a business engaged in whole
or in part in the retail sale of any alcoholic beverage whether for on-site or
off-site consumption, massage establishments as defined in Chapter 8.36.010
of this code, or an adult business, as defined in Section 8.37.020 of this code.
All distances referred to in this subsection shall be measured between the closest
points of the exterior property lines or area boundaries of the parcels or areas involved,
except that when a dealer in firearms subject to the provisions of the chapter occupies
one unit of a multi-unit structure located on a single parcel, distances shall be measured
from the exterior boundaries of the unit so occupied;
b2. Prior to the commencement of operation of a firearm dealer and at all times
thereafter, the firearm dealer shall have a valid and current license from the
department of public safety pursuant to Chapter 9.92 of this code and shall be in
full compliance therewith;
c3. Prior to the commencement of operation of a firearm dealer or a firearm
ammunition dealer and at all times thereafter, compliance with all of the following
requirements:
(1)a. Adequate security measures to secure the premises where the firearms or
firearm ammunition is sold and/or stored, subject to approval of the director
of public safety or designee;
(2)b. Storage of firearms and firearm ammunition at all times in a secured locked
location so that access is controlled by the dealer or employee, representative
or agent thereof to the exclusion of others, with the adequacy of such storage
methods subject to the approval of the director of public safety or designee;
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(3)c. Storage of ammunition and other firearms-related merchandise classified as
hazardous materials shall be subject to the approval of the fire marshal or
designee;
(4)d. The firearm dealer and the firearm ammunition dealer at all times shall
maintain in full force and effect all required federal, state and local licenses
and/or permits.
K.17.07.100 - Hazardous Materials.
1A. Applicability. The provisions in this section shall govern all projects and activities that
involve hazardous waste or hazardous materials. The purpose of this section is to
establish a basis for the issuance of conditional use permits for projects and activities
which could significantly and/or adversely affect public health or the environment and
which generate, store, transport, treat or dispose of significant amounts of hazardous
materials. Further, the intent is to encourage reductions in the amounts of hazardous
wastes or materials managed for the benefit of the health, safety and general welfare of
the residents and persons within the city of Rohnert Park. This section is not intended,
and should not be deemed, to preempt or prevent compliance with Federal, State,
and/or County laws, regulations, etc. In case of any conflict among Federal, State,
County or local laws, then the most restrictive provisions will apply.
2B. Definitions. For the purposes of this section, the following words, phrases, and terms
shall have the meanings set forth herein. Words not defined shall be given their
common and ordinary meaning.
"Dispose" means to discharge, deposit, inject, dump or place any hazardous waste
into or on any land or water so that such hazardous waste or any constituent thereof
may not enter the environment or be emitted into the air or discharged into any waters,
including ground waters.
"Generate" means an act or process of producing hazardous waste.
"Hazardous material" means any substance that is regulated as a hazardous
material and classified in the Appendix VI-A of the Uniform Fire Code, 1988 Edition.
This reference to the 1988 Uniform Fire Code is for the purpose of definition only.
These terms are also further defined under Fed-OSHA Title 29 and CFR Title 49
(Transportation). Hazardous materials belonging in more than one category are subject
to the regulations of the more stringent category.
"Hazardous waste" means any substance that is regulated as a hazardous waste by
the California Department of Health Services under Title 25 California Administrative
Code, Division 4, Chapter 30.
"Bulk plant" means a plant primarily engaged in the manufacturing, synthesizing,
processing, blending or packaging of hazardous materials. Materials are stored in large
fixed containers. Bulk plant quantities are larger than the amount transported in or out
in a single shipment.
"Bulk storage and/or distribution" means the storage and/or distribution of
hazardous materials which are collected, repackaged, blended or stored on-site; and
may be used or sold on-site. The materials are generally transported to the site in an
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unpackaged form and are then transferred to storage containers by hose, pipeline,
conveyor belt, etc. On-site usage of rail car, tanker truck or similar vehicle for storage
is considered at this quantity level.
"Commercial packaged" means hazardous materials that are stored in discrete
containers which are handled individually, pelletized or utilized for purposes of
transportation. Packaged materials are used or sold on site. Packages may include
cylinders, drums, boxes, glass, jars, etc.
"Lab amounts" means amounts of hazardous materials which are less than
commercial packaged amounts, and are generally recognized by the industry as that
which is required for normal laboratory research and development activities and which
if an incident were to occur, would not have impacts beyond the immediate premises.
"Household packages" means packaged and distributed hazardous material in a
form intended or suitable for sale through retail sales outlets for consumption by
individuals for purposes of personal care or household use.
3C. Permitted Uses. The following table indicates under what conditions various uses and
activities will be permitted:
(Note: P = Permitted, C = Conditional Use Permit, NP = Not Permitted)
ACTIVITY/ USE I-L-1 DISTRICT
Bulk Mfg.
Plant
Bulk
Storage/
Distribution
Commercial
Package
Amounts
Lab
Amounts
Explosives and Blasting Agents
including High Explosives,
Peroxides capable of detonation,
Low explosives and Blasting
Agents.
NP NP NP P
Toxic Materials including Class
A and B Poisons
NP C C P
Highly Unstable Materials
including Organic Peroxides
Class I-II, Oxidizers Class 4,
Phyrophoric Materials, Unstable
Materials Class 4-3 and Water-
reactive Materials Class 3
NP C C P
Radioactive Materials in
amounts licensed by State
NP NP C P
Moderately Hazardous
Materials including Corrosives,
Flammable Gases, Flammable
Liquids, Flammable Solids,
Organic Peroxides Class III,
Oxidizers Class 3-2, Water-
reactive Materials Class 2
C C P P
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Exceptions. The following are exceptions to the activities/uses allowed in the table above:
a1. In addition to these regulations, all storage or use of hazardous materials must be
approved by the fire Marshall and be in conformance with all applicable fire and building
codes;
b2. Unless otherwise stated in the preceding table, packaged quantities of hazardous
substances for on-site use or sale are permitted in the zones. Household packaged hazardous
materials that are packaged and distributed in a form intended or suitable for sale through
retail sales outlets for purposes of personal care and household use are also permitted in
zones where such retail sales is allowed;
c3. An existing use would be subject to the table's requirements if the quantity of material
used increases to a higher quantity level or the category of chemicals used changes to a
higher (more hazardous) category (e.g., a change from a moderately hazardous material to a
toxic material).
4D. Conditional use permit. Where a conditional use permit is required for this section, the
procedure will be as set forth in Section 17.25, Article I.
a1. Application criteria. The project description for a conditional use permit shall also
include, but is not limited to, the following:
(1)a. The amount and level of hazard presented by the substance;
(2)b. Safety measures being proposed;
(3)c. The potential for odors and toxic fumes;
(4)d. The maximum number of people and amount of land and structures which
would be at risk if there were an accident;
(5)e. Location of the site in relation to identified areas or special areas of
environmental concern such as water courses, water wells, underground
aquifers, or fish and wildlife habitats;
(6)f. Location of the site in relation to designated routes for the transport of
hazardous substances; and
(7)g Any other public welfare concerns identified by the staff.
b2. Findings. In approving an application for hazardous materials or hazardous waste,
the planning commission shall also make the following findings:
(1)a. The activity will not create an unreasonable risk to the public health and
safety or to the surrounding properties and activities;
(2)b. The activity is consistent with the character and economic function of the
surrounding area;
(3)c. The proposed activity with any required conditions will not result in
significant impact on environmentally sensitive areas;
(4)d. The request has been approved by the department of public safety.
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(5)e. The applicant demonstrates ability to comply with state and regional
regulations.
c3. Professional assistance for city determinations. Whenever an approval by the
planning commission may be required in this section, the planning and
community development director may, at such applicant's sole cost and expense,
retain a suitably qualified independent engineer, or chemist, or other appropriate
professional consultant regarding the adequacy of the application to achieve the
purposes of this section. The planning commission shall be entitled to rely on such
evaluation and/or opinion of such engineer, chemist or professional consultant in
making the relevant determinations provided for in this section.
L. 17.07.110 - Home Occupations.
1. Definitions. A home occupation is a business enterprise conducted entirely within a
dwelling unit, garage or accessory building by the occupant(s) of the primary dwelling,
which occupation is clearly incidental and secondary to the use of the dwelling for
residential purposes, and which is consistent with the criteria below.
2. Criteria for Home Occupation Authorization.
aA. Criteria for Home Occupation Authorization.
1. Criteria. A home occupation in a residential district shall require a business
license and no business license shall be granted unless the use conforms to all of
the criteria listed below.
(1)a. Primary use must be the residence of the person conducting the occupation.
(2)b. The home occupation is conducted entirely within the principal dwelling. A
garage shall not be used in connection with a home occupation, if such use
interferes with its primary use as vehicular storage.
(3)c. There shall be no exterior indication of home occupation. The appearance of
the dwelling in no way shall be altered, nor shall the occupation be
conducted in a manner which would cause the residence to differ from its
original residential character, either by the use of colors, materials,
construction, lighting or signs.
(4)d. No outdoor storage, parking, or display of vehicles, equipment, materials or
supplies related to the home occupation shall be permitted. Exception: one
business vehicle, up to one-ton capacity, with signage, used for the home
occupation shall be permitted.
(5)e No more than one person other than resident(s) of the dwelling shall be
employed on-site or report to work at the site of the home occupation except
for other employees of licensed child care facilities. This prohibition also
applies to independent contractors.
(6)f. The home occupation shall not generate vehicular or pedestrian traffic in
excess of that which is normally associated with residential uses in the same
district. Exceptions for home occupations in a single-family detached
residence:
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(i). Child care up to fourteen children (See section re: conditional use
permit requirements for large family day cares)..
(ii). Individual instruction or tutoring, professional services (e.g., tax
services, insurance sales, etc.), massage, chiropractor, hairstyling,
and consulting provided they serve one client at a time.
(7)g. The home occupation shall not create noise, odor, dust, vibration, smoke,
electrical disturbance, or any other interference which is detectable to the
normal senses beyond the property line or outside the dwelling unit if the
occupation is conducted in other than a detached single-family dwelling unit.
(8)h. There shall be no excessive use of, or unusual discharge into, any one or
more of the following utilities: water, sewers, electrical, garbage, or storm
drains.
(9)i. Delivery vehicles shall be limited to those types of vehicles which typically
make deliveries to single-family neighborhoods, such as the United States
Postal Service, United Parcel Service, pickup trucks, and light vans.
(10)j. There shall be no repair of large appliances, internal combustion engines,
automobiles, trucks, or motorcycles at the home.
(11)k. There shall be no motor power other than electrically operated motors.
The horsepower of any single motor shall not exceed one-half horsepower,
and the total horsepower of such motors shall not exceed one horsepower.
(12)l. There shall be no cooking or food preparation at the site for the purpose of
retail sales from a vehicle and any permitted food preparation shall first
receive a permit from the health department.
(13)m. Other than normal household quantities, there shall be no hazardous
materials on-site.
(14)n. Home occupations shall comply with all other applicable city codes and
ordinances;
(15)o Home occupation business licenses apply to a specific site and owner and
shall not be transferable to different persons or to different locations.
b2. Content of application. An application for a home occupation authorization shall
contain:
(1)a. The name, address and telephone number of the applicant;
(2)b. A complete written description of the proposed home occupation,
including number of persons employed, in the case of child care facilities or
consistent with exceptions noted above, amount of floor space occupied,
provisions for storage of materials, and number and type of vehicles used.
(3)c. A signed statement that the applicant has read and understands the criteria
outlined above for a home occupation and agrees to comply with the criteria.
O. 17.07.120 - Kennel
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. Commercial kennels may be permitted in indicated districts only with approval of a conditional
use permit and subject to the following provisions.
1A. The kennel area shall be sound attenuated so the noise level measured at the property
line does not exceed standards set for the adjacent use.
2B. No animal runs, exercise areas, or keeping of the kenneled animals for commercial or
noncommercial purposes shall be located within the required setback area.
R. REPEALED.
Editor's note(s)—Ord. No. 841, § 3, adopted Dec. 13, 2011, repealed § 17.07.020.R. Former
subsection R pertained to ON-SALE AND OFF-SALE ALCOHOLIC BEVERAGES. See
Code Comparative Table and Disposition List for derivation.
S. Outdoor and Sidewalk Cafe.
117.07.130 - Outdoor and Sidewalk Cafe
A. General Provisions.
a1. Permit Required. Outdoor dining on a public sidewalk may be permitted in
designated districts only with approval of an administrative permit and subject to
the following provisions. A revocable license shall also be required if the activity
is located in the public right-of-way.
b2. Prohibited Locations. Outside dining will not be permitted on sidewalks
designated as bicycle paths.
c3. Permit Transfer. A revocable license may be transferred to a subsequent operator
of the same establishment subject to approval by the city engineer and payment of
a revocable license transfer fee established by the city council. Prior to approval
of the transfer the city engineer may modify the terms of the permit as deemed
appropriate to protect public health, safety and welfare.
d4. Zoning Requirements. A revocable license may be processed concurrently with
the administrative permit.
e5. Conditions of Approval. The city engineer shall have the authority to apply
conditions to the approval of a revocable license as appropriate to ensure
compliance with the provisions of this policy.
2B. Development Standards.
a1. Horizontal Clearance: A clear, continuous pedestrian path not less than six feet in
width shall be required for sidewalk cafes. The city engineer may require more
than six feet if necessary to protect the public safety. This requirement may be
modified at the discretion of the city engineer in locations where unusual
circumstances exist and where public safety would not be jeopardized.
b2. Setbacks from corners, streets and alleys: When an outdoor dining area is located
at a street corner, all furniture, barriers, etc. over three feet in height must be
located outside of the clear vision zone for that street corner. When an outdoor
dining area is located adjacent to a driveway or an alley, a five-foot setback shall
be maintained from the driveway or alley. These requirements may be modified at
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the discretion of the city engineer in locations where unusual circumstances exist
and where public safety would not be jeopardized (e.g., the sidewalk adjacent to
the proposed outdoor dining areas is wider than usual or the perimeter of the
building has an unusual configuration).
c3. Extension to Adjacent Properties. Subject to approval of the city engineer, an
outdoor dining area may extend onto the sidewalk in front of an adjacent business
with the written consent of both the adjacent business owner and property owner.
3C. Barriers.
a1. Establishments that serve alcoholic beverages in the outdoor dining area shall
provide a physical barrier that meets the requirements of this subsection and of the
Alcoholic Beverage Control Board.
b2. Barriers should compliment the building facade as well as any street furniture and
be somewhat transparent (such as wrought iron) and shall be able to withstand
inclement weather.
c3. Barriers and furniture shall be removed at the end of each business day unless
otherwise approved by the city engineer.
d4. The height of any barrier shall not exceed thirty-six inches.
4D. Awnings and Umbrellas. The use of awnings over the outdoor dining area and
removable table umbrellas may be permitted, provided they do not interfere with street
trees or are located within the clear vision zone. No portion of an awning or umbrella
shall be less than eight feet above the sidewalk. Awnings may extend up to five feet
from the building front or cover up to fifty percent of the outdoor dining area,
whichever is less. Awnings shall have no support posts located within the public right-
of-way. A building permit must be obtained prior to installation of an awning. A
revocable license shall be required for awnings projecting into the public right-of-way.
5E. Lighting. Outdoor lighting fixtures should compliment the style of the building.
Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-
of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be
installed on the facade of the building. Electrical fixtures shall not be permitted in the
public right-of-way. Lighting shall be subject to an electrical permit from the building
department. Battery operated lamps or candles will be permitted. Extension cords shall
not be used in place of permanent wiring.
6F. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings
and other fixtures should compliment the architectural style and colors of the building
facade and street furniture.
7G. Heaters. Portable propane heaters may be allowed within the outdoor dining area as
approved by the fire marshal.
8H. Furniture Removal. When the establishment stops serving for the day and patrons
already seated in it leave, further seating in the outdoor dinningdining area shall be
prohibited and the outdoor dining furniture shall be removed from the right-of-way
unless otherwise approved in the revocable license.
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T. PERMIT A USE LISTED IN A LESS RESTRICTED DISTRICT IN A MORE
RESTRICTIVE DISTRICT. Any use permitted in any commercial district may be permitted
with approval of a conditional use permit in any other commercial district; provided such
use, due to its limited nature, modern devices, building design or other features or method
of operation or development will conform to the intent of such district and will be no more
objectionable than the uses permitted in such district.
U. 17.07.140 - Recreational Courts.
1A. Permanent private recreational courts may be permitted with approval of an
administrative permit subject to the following provisions, except as modified by a
conditional use permit.
2B. The maximum height of fences enclosing recreational courts shall be six feet, unless a
conditional use permit is obtained allowing a greater height.
3C. Recreational courts shall be set back a minimum of ten feet from side and rear property
lines.
4D. All lighting shall be:
a1. Designed, constructed, mounted, and maintained such that the light source is cut
off when viewed from any point above five feet.
b2. Used only between the hours of seven a.m. and ten p.m.
5E. The surface of any recreational court shall be designed, painted, colored, and/or treated
reduce reflection from any lighting thereon.
6F. The above standards shall be considered minimum standards.
V. 17.07.150 - Recycling Facility.
1A. Reverse Vending Machine(s). Reverse vending machine(s), as defined in Section
17.04.030 of this title, may be permitted in indicated districts with zoning compliance
approval subject to the following provisions.
a1. Shall be established in conjunction with a commercial use or community service
facility that is in compliance with the zoning, building and fire codes of the city of
Rohnert Park;
b2. Shall be located within thirty feet of the entrance to the commercial structure and
shall not obstruct pedestrian or vehicular circulation;
c3. Shall not occupy parking spaces required by the primary use. (Reverse vending
machines do not require additional parking spaces for recycling customers);
d4. Shall occupy no more than fifty square feet of floor space per installation,
including any protective enclosure, and shall be no more than eight feet in height;
e5. Shall be constructed and maintained with durable waterproof and rust-proof
material;
f6. Shall be clearly marked to identify the type of material to be deposited, operating
instructions, and the identity and phone number of the operator or responsible
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person to call if the machine is inoperative; a notice shall be displayed stating that
no material shall be left outside of the machine;
g7. Shall provide a trash receptacle or receptacles, as needed, in the immediate
vicinity of the machine or machines. The receptacle or receptacles shall be a
minimum of thirty-two gallons and made of durable waterproof and rustproof
material with an attractive exterior. The site shall be maintained in a clean, litter-
free condition on a daily basis;
h8. Operating hours shall be at least the operating hours of the host use;
i9. Shall be illuminated to ensure comfortable and safe operation if operating hours
are between dusk and dawn.
2B. Small collection facility. A small collection facility, as defined in Section 17.04.030 of
this title, may be permitted in indicated districts only with approval of a conditional use
permit and subject to the following provisions.
a1. Shall be established in conjunction with an existing commercial use or community
service facility which is in compliance with the zoning, building and fire codes of
the city of Rohnert Park;
b2. Shall be no larger than five hundred square feet and occupy no more than five
parking spaces not including space that will be periodically needed for removal of
materials or exchange of containers (see limitation "p" below);
c3. Shall be set back at least ten feet from any street line and shall not obstruct
pedestrian or vehicular circulation;
d4. Shall accept only glass, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with approval of the Rohnert Park fire marshal
and in accordance with all state and local regulations;
e5. Shall use no power-driven processing equipment except for reverse vending
machines;
f6. Shall use containers that are constructed and maintained with durable waterproof
and rust-proof material, covered when site is not attended, secured from
unauthorized entry or removal of material, and shall be of a capacity sufficient to
accommodate materials collected and collection schedule;
g7. Shall store all recyclable material in containers or in the mobile unit vehicle, and
shall not leave materials outside of containers when attendant is not present;
h8. Shall provide adequate trash receptacles in the immediate vicinity of the
collection facility. The receptacles shall be a minimum of thirty-two gallons and
made of durable waterproof and rust-proof material with an attractive exterior.
The site shall be maintained free of litter and any other undesirable materials;
mobile facilities, at which truck or containers are removed at the end of each
collection day, shall be swept at the end of each collection day;
i9. Shall not exceed noise levels of sixty dBa as measured at the property line of
residentially zoned or occupied property, otherwise shall not exceed seventy dBa;
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j10. Attended facilities located within one hundred feet of a property zoned or
occupied for residential use shall operate only during the hours between 9:00 a.m.
and 7:00 p.m.;
k.11 Containers for the twenty-four hour donation of materials shall be at least thirty
feet from any property zoned or occupied for residential use unless there is a
recognized service corridor and acoustical shielding between the containers and
the residential use;
l12. Containers shall be clearly marked to identify the type of materials which may be
deposited; the facility shall be clearly marked to identify the name and telephone
number of the facility operator and the hours of operation, and display a notice
stating that no material shall be left outside the recycling enclosure or containers;
m13. The facility shall not impair the landscaping required by local ordinances or by
any permit issued pursuant thereto;
n14. No additional parking spaces will be required for customers of a small collection
facility located at the established parking lot of a host use. One space will be
provided for the attendant, if needed;
o15. Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be present;
p16. Occupation of parking spaces by the facility and by the attendant may not reduce
available parking spaces below the minimum number required for the primary
host use unless all of the following conditions exist:
(1)a. The facility is located in a convenience zone or a potential convenience zone
as designated by the California Department of Conservation;
(2)b. A parking study shows that existing parking capacity is not already fully
utilized during the time the recycling facility will be on the site;
(3)c. The permit will be reconsidered at the end of twelve months.
A reduction in available parking spaces in an established parking facility may then
be allowed as follows:
For a commercial host use:
Number of Available
Parking Spaces
Maximum
Reduction
0-25 0
26-35 2
36-49 3
50-99 4
100+ 5
For a community facility host use: A maximum five spaces reduction will be
allowed when not in conflict with parking needs of the host use.
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q17. If the permit expires without renewal, the collection facility shall be removed
from the site on the day following permit expiration.
3C. Large collection facility. A large collection facility, as defined in Section 17.04.030 of
this title, may be permitted in indicated districts only with approval of a conditional use
permit and subject to the following provisions.
a1. Facility does not abut a property zoned or planned for residential use;
b2. Facility shall be screened from the public right-of-way by operating in an
enclosed landscaping;
c3. Setbacks and landscape requirements shall be those designated for the zoning
district in which the facility is located;
d4. All exterior storage of material shall be in sturdy containers that are covered,
secured, and maintained in good condition. Storage containers for flammable
material shall be constructed of non-flammable material. Used oil may be
accepted with approval of the Rohnert Park fire marshal and in accordance with
state and local regulations. Oil storage must be in containers approved by the
Rohnert Park fire marshal. No storage, excluding truck trailers and overseas
containers, will be visible above the height of the fencing;
e5. Adequate trash receptacles shall be provided in the immediate vicinity of the
collection facility. The receptacles shall be a minimum of thirty-two gallons and
made of durable waterproof and rust-proof material with an attractive exterior.
The site shall be maintained free of litter and any other undesirable materials; and,
site shall be cleaned of loose debris on a daily basis;
f6. Space shall be provided on site for six vehicles or the anticipated peak customer
load, whichever is higher, to circulate and to deposit recyclable materials, except
where the planning commission determines that allowing overflow traffic above
six vehicles is compatible with surrounding businesses and public safety;
g7. One parking space shall be provided for each commercial vehicle operated by the
recycling facility. Parking requirements shall be as provided for in the zone,
except that parking requirements for employees may be reduced when it can be
shown that parking spaces are not necessary such as when employees are
transported in a company vehicle to a work facility;
h8. Noise levels shall not exceed sixty dBa as measured at the property line of
residentially zoned or developed property, or otherwise shall not exceed seventy
dBa;
i9. If the facility is located within five hundred feet of property zoned, planned or
occupied for residential use, it shall not be in operation between 7:00 p.m. and
7:00 a.m.;
j10. Any containers provided for after-hours donation of recyclable materials will be at
least fifty feet from any property zoned or occupied for residential use, shall be of
sturdy, rust-proof construction, shall have sufficient capacity to accommodate
materials collected, and shall be secured from unauthorized entry or removal
materials;
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k11. Containers shall be clearly marked to identify the type of material that may be
deposited, the name and phone number of the facility operator, and the hours of
operation; facility shall display a notice stating that no material shall be left
outside recycling containers;
l12. Power-driven processing, including aluminum foil and can compacting, baling,
plastic shredding, or other light processing activities necessary for efficient
temporary storage and shipment of material, may be permitted if approved by the
planning commission;
m13. Landscaping and irrigation plan shall be approved by the planning and
community development director.
4D. Light processing facility. A light processing facility, as defined in Section 17.04.030 of
this title, may be permitted in indicated districts only with approval of a conditional use
permit and subject to the following provisions.
a1. Facility does not abut a property zoned, developed, or planned for residential use;
b2. Processors shall operate in a wholly enclosed building except for incidental
storage, or:
(1)a. Within an area enclosed on all sides by a solid fence not less than eight feet
in height and landscaped on all street frontages;
(2)b. Located at least one hundred fifty feet from property zoned or planned for
residential use;
c3. Power-driven processing shall be permitted, provided all noise level requirements
are met;
d4. A light processing facility shall be no larger than forty-five thousand square feet
and shall have no more than an average of two outbound truck shipments of
material per day and may not shred, compact or bale ferrous metals other than
food and beverage containers;
e5. Used motor oil may be accepted with approval of the Rohnert Park fire marshal
and in accordance with state and local regulations;
f6. Landscaping and irrigation plan shall be approved by the planning and community
development director.
g7. All exterior storage of material shall be in study containers or enclosures that are
covered, secured, and maintained in good condition. Storage containers for
flammable material shall be constructed of nonflammable material. Oil storage
must be in containers approved by the Rohnert Park fire marshal. No storage,
excluding truck trailers and overseas containers, will be visible above the height
of the fencing;
h8. Site shall be maintained free of litter and any other undesirable materials, and
shall be cleaned of loose debris on a daily basis and will be secured from
unauthorized entry and removal of materials when attendants are not present;
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i9. Space shall be provided on site for the anticipated peak load of customers to
circulate, park and deposit recyclable materials. If the facility is open to the
public, space shall be provided for a minimum of ten customers or the peak load,
which ever is higher, except where the planning commission determines that
allowing overflow traffic is compatible with surrounding businesses and public
safety;
j10. One parking space shall be provided for each commercial vehicle operated by the
processing center. Parking requirements shall otherwise be as mandated by the
zone in which the facility is located;
k11. Noise levels shall not exceed sixty dBa as measured at the property line of
residentially zoned, developed or occupied property, or otherwise shall not exceed
seventy dBa;
l12. If the facility is located within five hundred feet of property zoned, developed, or
planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00
a.m. The facility will be administered by on-site personnel during the hours the
facility is open;
m13. Any containers provided for after-hours donations of recyclable materials will be
at least fifty feet from any property zoned, developed, or planned for residential
use; shall be of sturdy, rust-proof construction; shall have sufficient capacity to
accommodate materials collected; and shall be secured from unauthorized entry or
removal of materials;
n14. Containers shall be clearly marked to identify the type of material that may be
deposited, the name and number of the facility operator, and the hours of
operation; facility shall display a notice stating that no material shall be left
outside the recycling containers;
o15. No dust, fumes, smoke, vibration or odor above ambient level may be detectable
on neighboring properties.
Y. Intentionally omitted.
(AA)17.07.160 - Small Animals.
4-H, FFA and other youth organizations' animal husbandry projects are permitted without
limitation of parcel size and spacing provided a letter of project authorization is first submitted
by the project advisor to the planning and community development director. Furthermore, the
applicant shall obtain a copy of and comply with all conditions stipulated by the city relative to
number of animals and setbacks from adjacent property lines. Pot-bellied pigs shall be subject to
the approval of a conditional use permit.
(BB) 17.07.170 - Small Wind Energy Systems.
1A. Purpose and intent. The purpose and intent of this section is to comply with California
Government Code Section 65892.13 which encourages local governmental agencies to
adopt zoning standards which enable construction of small wind energy systems for
on-site home, farm and small commercial use.
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2B. Definitions. For the purposes of this section, the following words, phrases, and terms
shall have the meanings set forth herein. Words not defined shall be given their
common and ordinary meaning.
"Small wind energy system" means a wind energy conversion system consisting
of a wind turbine, a tower and associated control or conversion electronics, which has a
rated capacity that does not exceed the allowable rated capacity under the Emerging
Renewables Fund of the Renewables Investment Plan administered by the California
Energy Commission and which will be used primarily to reduce on-site consumption
of utility power.
"Tower height" means the height above grade of the fixed portion of the tower,
excluding the wind turbine.
3C. Applicability. A conditional use permit is required for all small wind energy systems,
in compliance with Section 17.25 Article I of this title. All proposed small wind energy
systems shall also require environmental review in accordance with the California
Environmental Quality Act.
4D. Application requirements. A conditional use permit application for a small wind
energy system shall include all information and materials required by Section
17.25.012 of this title, and the following:
a1. Standard drawings and an engineering analysis of the system's tower, showing
compliance with the Uniform Building Code (UBC), and certification by a
California-licensed professional mechanical, structural, or civil engineer. A "wet
stamp" shall not be required on the drawings and analysis if the application
demonstrates that the system is designed to meet the most stringent wind
requirements (UBC wind exposure D), the requirements for the worst seismic
class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more
than one thousand pounds per square foot.
b2. A line drawing of the electrical components of the system in sufficient detail to
allow for a determination that the manner of installation conforms to the National
Electric Code.
c3. Information demonstrating that the system will be used primarily to reduce on-site
consumption of electricity.
d4. Evidence that the provider of electric utility service to the site has been informed
of the applicant's intent to install an interconnected customer-owned electricity
generator, unless the applicant intends, and so states in the application, that
system will not be connected to the electricity grid.
e5. Evidence that the proposed height of the windmill tower does not exceed the
height recommended by the manufacturer or distributor of the system.
5E. Site development criteria. The following development standards shall apply to the
development of all new small wind energy systems within the city of Rohnert Park:
a1. Minimum parcel size. A small wind energy system shall only be located on a
parcel that is a minimum one acre in size.
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b2. Spacing and collocation. A small wind energy system shall not be located on a
parcel that is:
(1)a. Within a scenic corridor identified by the community design element of the
city general plan or a scenic highway corridor designated pursuant to Article
2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets
and Highways Code;
(2)b. Subject to a conservation easement established in compliance with Civil
Code Section 815 and following, that does not specifically authorize wind
energy conversion systems; or
(3)c. Subject to an open space easement established in compliance with
Government Code Section 51070 and following, that does not specifically
authorize wind energy conversion systems.
c3. Setback requirements. A windmill shall not be located closer to a property line
than the height of the tower; provided that it also complies with any applicable
fire setback requirements.
d4. Height limit. A small wind energy system tower shall not exceed a maximum
height of sixty-five feet on a parcel less than five acres, or a maximum height of
eighty feet on a parcel of five acres or more; provided that, in all cases, the system
shall comply with all applicable Federal Aviation Administration (FAA)
requirements, including subpart B (commencing with Section 77.11) of Part 77 of
Title 14 of the Code of Federal Regulations regarding installations close to
airports, and the State Aeronautics Act (Part I (commencing with Section 21001)
of Division 9 of the Public Utilities Code).
e5. Turbine. The turbine proposed for the system shall have been approved by the
California Energy Commission (CEC) as qualifying under the Emerging
Renewables Fund of the CEC's Renewables Investment Plan, or certified by a
national program recognized and approved by the CEC.
f6. Noise. Except during short-term events including utility outages and severe wind
storms, a small wind energy system shall be designed, installed, and operated so
that noise generated by the system shall not exceed the sixty decibels (dBa), as
measured at the closest neighboring inhabited dwelling, or the maximum noise
levels established by Section 17.12.030 of this title for the applicable zoning
district, whichever is the strictest requirement.
6F. Discontinuation of use. All equipment associated with a small wind energy system
shall be removed within thirty days of the discontinuation of the use and the site shall
be restored to its original pre-construction condition.
(CC) 17.07.180 - Swimming Pools, Spas and Hot Tubs.
Swimming pools, spas and hot tubs used solely by persons resident on the site and their
guests, provided swimming pool and accessory mechanical equipment shall not be located in a
required front or side yard and shall meet the provisions of Chapter 15.36 of the Rohnert Park
Municipal Code.
(DD) Temporary Construction Buildings and Uses.
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Temporary buildings and uses for construction purposes may be permitted for periods not exceeding one
year, and may be extended for up to one year, provided a temporary permit and a building permit shall first be
secured and the building official has provided for the subsequent removal thereof. (See Section 17.25, Article
IV.)
(EE) Temporary Use/Event.
1. A temporary use or event may be permitted in all indicated districts only as indicated
with approval of a conditional use permit, an administrative permit, or a temporary
permit, whichever is indicated.
2. Applicants shall be required to provide city staff with the following items:
a. Written authorization from the property owner that the event may take place
during the time period proposed;
b. Three copies of a site plan, showing the following:
(1) Property lines, sidewalks;
(2) Existing and proposed temporary structures, offstreet parking and loading
facilities;
(3) Points of entry and exit for vehicles and circulation pattern;
(4) Location of walls and fences;
(5) Lighting standards and devices (must meet the provisions of the Electrical Code);
(6) Temporary electrical hookups (must meet the provisions of the Electrical
Code);
(7) Existing and proposed temporary signs.
c. Written proof of liability insurance with the city of Rohnert Park named as an
additional insured party;
d. Evidence that the city of Rohnert Park will be identified as the point-of-sale for all
sales conducted within the city.
e. A refundable clean-up deposit as established by resolution, which may be
increased based on the scale of the event;
f. A security plan for the event; and
g. The name and telephone number of a twenty-four hour point of contact.
3. The planning commission and planning and community development director may
place conditions on the conditional use permit, administrative permit, or temporary
permit, respectively, to mitigate any possible impacts identified during review of the
application to achieve the general purposes of this section and the specific purposes of
the land use district in which the temporary use will be located to:
a. Ensure operation and maintenance of the temporary use in a manner compatible
with existing uses in the surrounding area;
b. Provide adequate access and parking;
c. Ensure that lighting and temporary signage meet the provisions of this chapter.
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(FF) 17.07.190 - Vehicular Dealerships/Rental Agencies (including boats, R.V.s, and farm
and construction equipment)
1A. Vehicular dealerships/rental agencies may be permitted in indicated districts only with
approval of a conditional use permit and subject to the following conditions.
2B. Areas designated for employee and customer parking shall not be used for vehicle,
boat, or equipment storage or display.
3C. A minimum ten-foot landscape and decorative curb strip shall be provided along the
street frontage perimeter of all vehicles/boat/equipment display areas. Final design
treatment shall be subject to review and approval by the planning and community
development director. All parking areas not used for vehicle/boat/equipment display
shall be subject to applicable screening requirements.
4D. All lighting shall comply with the provisions of Section 17.12.050 of this title.
5E. The operator of the dealership shall load and unload or cause the loading and
unloading of vehicles/boats only in conformance with the following:
a1. Loading and unloading of vehicles is limited to the hours of 8:00 a.m. to 6:00 p.m.
Monday through Saturday, excluding legal holidays.
b2. Off-loading shall be on-site, or off-site subject to the approval of the city
engineer. Loading and unloading shall not block the ingress or egress of any
adjacent property or public right-of-way unless approved by the city engineer.
6F. Vehicles, boats, R.V.s or equipment to be repaired shall be stored on-site.
7G. The repair and service facility portion of any vehicle, boat, or equipment dealership
shall comply with the provisions of Footnote (GG) of this section.Section 17.07.200.
No vehicle repair work shall occur on the premises of an automobile rental facility
unless the rental agency is otherwise permitted and licensed to repair vehicles.
8H. An adequate on-site queuing area for service customers shall be provided. The queuing
area or lanes shall be large enough to hold at least one and a half vehicles for each
service bay in the facility. On-site driveways may be used for queuing, but may not
interfere with access to required parking spaces. Regular parking spaces may not
double as queuing spaces.
9I. Noise control:
a1. There shall be no outdoor loudspeaker (e.g., amplified sound). Interior
loudspeakers shall produce not more than forty-five dBa at a boundary abutting a
residential parcel under normal operating conditions.
b2. All noise generating equipment exposed to the exterior shall be muffled with
sound absorbing materials to minimize noise impacts on adjacent properties, and
shall not be operated before 8:00 a.m. or after 6:00 p.m. if reasonably likely to
cause annoyance to abutting properties.
10J. Gasoline storage tanks shall meet all applicable state and local health regulations, and
shall be constructed and maintained under the same conditions and standards that apply
to service stations.
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11K. A security plan shall be approved by the department of public safety.
12L. The city of Rohnert Park shall be indicated as the point-of-sale for sales conducted
within the city.
(GG)17.07.200 - Vehicle Repair/Body Shops.
1A. Vehicle repair facilities may be permitted in indicated districts only with approval of a
conditional use permit.
2B. The site shall be entirely paved except for buildings and landscaping.
3C. Entrances to individual service bays shall not face public rights-of-way or abutting
residential uses or districts. All structures shall be constructed to achieve a minimum
standard transmission coefficient (STC) sound rating of 45-50.
4D. All repair activities and operations shall be conducted entirely within an enclosed
building. Outdoor hoists are prohibited.
5E. Repair facilities performing body and fender work or similar noise-generating
activities shall be conducted in fully enclosed structures with walls of concrete block or
similar materials and doors in maximum half open position during operating hours. All
painting shall occur within a fully enclosed booth.
6F. The premises shall be kept in a neat and orderly condition at all times and all
improvements shall be maintained in a condition of reasonable repair and appearance.
No used or discarded automotive parts or equipment or permanently disabled, junked,
or wrecked vehicles may be stored outside the main building.
7G. Exterior parking area shall be used for employee and customer parking only, and not
for the repair or finishing work or long term (over seventy-two hours) storage of
vehicles. Vehicles to be repaired shall be stored on-site.
8H. Vehicle sales shall be subject to the same provisions as vehicular dealerships/rental
facilities.
(II) RESERVED.
(KK) 17.07.230 - Short-Term Rental.
1A. Short-term rentals as described in Section 17.04.030 (Definitions) are permitted by
administrative use permit in all residential districts per Section 17.06.030.
2B. Permit Required. No person shall establish, operate or maintain a short-term rental
without first obtaining a valid administrative use permit (See RPMC § 17.25.050 et
seq.) for operation of a short-term rental.
3C. Short-term rentals are distinct from bed and breakfast inns as described in Section
17.07.020.D040.
4D. Short-term rentals are prohibited in accessory dwelling units and accessory structures.
5E. Short-term rentals shall be subject to the following conditions:
a1. No more than one bedroom of a primary dwelling unit shall be rented, let, or
leased as a short-term rental.
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b2. The short-term rental shall be rented for no more than fourteen consecutive days.
c3. The owner/operator of an approved short-term rental shall be required to obtain
and maintain a city business license prior to operation of a short-term rental.
d4. All applications for short-term rentals shall include the property owner's
authorization.
e5. Short-term rentals are subject to the city's transient occupancy tax. The person in
whose name the administrative use permit (referenced in subsection (2) of this
section)Section 17.07.230(B)) is issued, shall be responsible for compliance with
the city's transient occupancy tax regulations as described in Chapter 3.24
(Transient Occupancy Tax).
f6. No on-site exterior signage of any kind shall be allowed in conjunction with the
short-term rental.
g7. In every advertisement for the short-term rental, the owner/operator shall include
the city issued permit number.
h8. All short-term rentals must provide smoke and carbon monoxide detectors in
compliance with the Rohnert Park Building Code for new construction.
i9. The short-term rental shall comply with all applicable sections of the Rohnert
Park Municipal Code. Any violation of this section or of the Rohnert Park
Municipal Code will be considered a violation of the administrative use permit.
j10. The host (owner/operator) shall provide a written manual to guests providing
important contact numbers, a copy of this RPMC code section, parking
limitations, and other helpful information to minimize conflict within the
neighborhood.
k11. The host (owner/operator) shall maintain a liability insurance policy that covers
this use.
The following chapter is added to the Rohnert Park Municipal Code, containing sections
moved from Chapter 17.07, renumbered, and amended as follows:
Chapter 17.08 – HOUSING REGULATIONS
N.17.08.010 Inclusionary Housing
1A. Purpose.
The purpose of this chapter is to: (1) implement the goals and objectives of the housing element
of the city of Rohnert Park, (2) provide housing affordable to persons of very low, low and
moderate income (3) mitigate the housing impacts caused by new residential development in the
city of Rohnert Park, and (4) establish an inclusionary housing requirement or an in-lieu fee for
developers of for-sale residential development projects and a fee requirement for rental
residential development projects. The inclusionary requirements and/or fees required by this
chapter do not replace other regulatory, development and processing fees or exactions, funding
required pursuant to a development agreement or reimbursement agreement, assessments
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charged pursuant to special assessments or benefit assessment district proceedings, etc., unless so
specified.
2B. Definitions.
For the purposes of this chapter, the following words, phrases, and terms shall have the meanings
set forth herein. Words not defined shall be given their common and ordinary meaning.
"Affordable rent" means the maximum monthly rent an owner may charge for an allocated unit
in accordance with Section 50053 of the California Health and Safety Code, less the appropriate
allowance for utilities.
"Affordable sales price" means the maximum purchase price that will be affordable to the
specified target income household. A maximum purchase price shall be considered affordable
only if the owner-occupied monthly housing payment is equal to or less than one-twelfth of
thirty percent of income for the specified target income household. Affordable sales price shall
be based on presumed occupancy levels of one person in a studio unit, two persons in a one
bedroom unit, three persons in a two bedroom unit, and one additional person for each additional
bedroom thereafter.
"Affordable units" means those dwelling units which are required to be rented at affordable rents
or purchased at an affordable sales price to specified households.
"Annual household income" means the combined gross income for all adult persons living in a
dwelling unit as calculated for the purpose of the Section 8 program under the United States
Housing Act of 1937, as amended, or its successor.
"Building permit" means a permit issued pursuant to Chapter 15.08 of Title 15 of the Rohnert
Park Municipal Code.
"Building official" means the chief building official of the city of Rohnert Park, or the designee
of such individual.
"Concession" or "incentive" shall have the same meaning and applicability as set forth in
Government Code Section 65915. Concessions and incentives may include, at the discretion of
the city, any of the following: (1) a reduction in site development standards, or a modification of
zoning requirements or architectural design requirements which exceed the minimum building
standards approved by the State, including but not limited to minimum lot size, open space, yard,
landscape maintenance, fencing, utility undergrounding, sidewalk, right-of-way dedication (not
including curb-to-curb street width standards), parking and/or setback requirements; (2) approval
of mixed use zoning in conjunction with the housing project if the non-residential uses will
reduce the cost of the residential development and if the city determines that the non-residential
uses are compatible with both the housing project and the existing or planned development in the
area in which the housing project will be located; or (3) other regulatory incentives or
concessions proposed by the developer which the developer shows will result in identifiable cost
reductions, including but not limited to a waiver, reduction and/or reimbursement of taxes and
fees which otherwise would be imposed on the project.
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"Construction costs" means the estimated cost per square foot of construction, as established by
the building department of the city of Rohnert Park for use in the setting of regulatory fees and
building permits, multiplied by the total square footage, minus the garage floor area, to be
constructed.
"Developer" means every person, firm, or corporation constructing, placing, or creating
residential development directly or through the services of any employee, agent, independent
contractor or otherwise.
"Dwelling unit" shall have the meaning set forth in Chapter 17.04 of Title 17 of the city of
Rohnert Park Municipal Code.
"For-sale residential development project" means a residential development project, or portion
thereof, whose units are sold to individual home owners.
"Housing in-lieu fee" means the fee established for for-sale residential development projects that
can be paid in lieu of constructing affordable units.
"Low-income households" means those households with incomes of up to eighty percent of
median income.
"Market rate units" means those dwelling units in a residential development project which are
not affordable units.
"Median income" means the median income, adjusted for family size, applicable to Sonoma
County as published annually pursuant to Title 25 of the California Code of Regulations, Section
6932 (or its successor provision) by the United States Department of Housing and Urban
Development.
"Moderate income households" means those households with incomes of up to one hundred
twenty percent of median income.
"Owner-occupied monthly housing payment" means the sum equal to the principal, interest,
property taxes, homeowner's insurance and homeowner's association dues paid on an annual
basis divided by twelve.
"Rental affordable housing fee" means the fee established for rental residential development
projects that is paid to offset the impacts of a rental residential development project.
"Rental residential development project" means a residential development project, or portion
thereof, owned by one or more entities whose units are rented to tenants.
"Residential development project" or "residential project" means a project for the construction or
placement of any dwelling unit in a permanent location, or the subdivision of land which is
planned, designed, or used for the following land use categories:
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a. Single-family residential: This category consists of single-family detached units and
duplexes.
b. Multi-family residential: This category consists of buildings containing three or more
dwelling units and mobile home parks.
"Very low-income households" means those households with incomes of up to fifty percent of
median income.
3C. For-sale residential development projects: Inclusionary requirements.
a
1. In a for-sale residential development project of over fifty (50) units, at least fifteen percent
of all new dwelling units shall be affordable, and shall be constructed and completed not later
than the related market rate units. For a for-sale residential development project of fifty (50)
units or less, which is not part of a larger project, the developer may elect, at his or her
option, to construct fifteen percent of the units as affordable as provided herein, or to pay the
in-lieu fee specified in subsectionSection 17.07.020(N)(608.010(F).
b2. One half of the affordable units shall be affordable to low-income households and the
other half shall be affordable to moderate-income households. Where the number of required
affordable units is an odd number, the number of units affordable to moderate income
households may be one greater than the number affordable to low income households.
d3. For fractions of required affordable units, the developer may elect, at his or her option, to
construct the next higher whole number of affordable units, perform an alternative equivalent
action, which has received the approval of council pursuant to subsectionSection
17.07.020(N)(408.010(D) or pay the in-lieu fee specified in subsection
17.07.020(N)(608.010(F) for such fraction.
e4. If a developer elects to make all of the units required to be affordable to moderate-income
households, affordable to median-income households, low-income households, or very-low
income households, the developer shall be entitled to an additional density bonus of five
percent for the proposed development.
f5. Affordable units shall be comparable in number of bedrooms, exterior appearance and
overall quality of construction to market rate units in the same residential project. While the
square footage of affordable units and interior features may not be equivalent to those in
market rate units in the same residential project, all features shall be of good quality and
consistent with contemporary standards for new housing.
g6. Affordable units shall be dispersed throughout the residential project unless an alternative
design, which furthers affordable housing opportunities, approved by the City Council.
h7. Every discretionary permit for a for-sale residential development project approved after
the effective date of this chapter shall contain a condition detailing the method of compliance
with this chapter.
i8. Prior to the issuance of building permits for the affordable units, regulatory agreements,
resale restrictions, deed restrictions, deeds of trust and/or other documents, in a form
approved by the City Manager and City Attorney must be recorded against parcels having
such affordable units. The agreements should include the following terms:
(1)a. The term of any and all agreements shall be a minimum of ninety-nine (99) years.
(2)b. The maximum sales price of any affordable unit shall not exceed an affordable
sales price.
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(3)c. The resale restrictions shall provide that in the event of the sale of an affordable
unit, the city shall have the right to purchase or assign its right to purchase such unit at an
affordable sales price.
(4)d. The current owner may be required to pay a transfer fee for any change of
ownership during the term of the agreement.
4D. For-sale Residential Development Project: Alternative equivalent action.
a1. A developer of a for-sale residential development project may propose to meet the
requirements of 17.07.020(N)(3)Section 17.08.010(C)) by an alternative equivalent action,
subject to the review and approval by the city council. An alternative equivalent action shall
be considered on a case-by-case basis and may be approved at the city council's sole
discretion, if the council determines that such alternative action will further compliance with
city's adopted housing element to an equal or greater extent than compliance with the express
requirements of subsection 17.07.020(N)(3)Section 17.08.010(C).
b2. An alternative equivalent action may include, but is not limited to, donation of vacant
land suitable for housing to a non-profit housing developer, transfer of inclusionary unit
credits, construction of affordable units on another site, enforcement of required rental/sales
price restrictions on existing market-rate dwelling units, and/or development of second
dwelling units.
(1)a. Land donation. An applicant may donate land to a non-profit housing developer in
place of actual construction of required affordable units upon approval of the city council.
The dedicated land must be appropriately zoned, buildable, free of toxic substances and
contaminated soils. It must be large enough to accommodate the number of required
affordable units as indicated by a conceptual development plan. The land that is donated
shall include lots that are fully improved with infrastructure, adjacent utilities, and
grading, and fees paid.
(2)b. Transfer of inclusionary unit credits. The requirements of this section may be
satisfied by acquiring inclusionary unit credits that are transferable from one residential
development project to another. The city council may approve issuance of a specified
number of credit certificates for that number of affordable units provided by a particular
residential development project in excess of the minimum number required for the
project. Credit certificates shall be issued for specific income categories and may only be
used to satisfy the requirements for affordable units within that same income category.
All credit transfers must be approved by the City Manager and documented in a form
suitable to the City Attorney.
(3)c. Second dwelling units. Not more than fifty percent of the requirements of this
section may be satisfied through the development of second dwelling units at a ratio of
two second dwelling units counted as one affordable housing unit. All second units
counted toward meeting the affordable unit requirement shall be subject to the provisions
of 17.07.020(N)(3)(iSection 17.08.010(C)(8). Second dwelling units shall only be
allowed for meeting the affordability requirements for very-low and low-income
households.
5E. Affordable housing concessions or incentives.
a1. For-sale residential projects which meet or exceed the requirements specified in
17.07.020(N)(317.08.010(C) and/or for rental residential projects that propose to include
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affordable units within the project, the city council may consider, in its sole discretion, the
provision of the following additional concessions or incentives identified in Government
Code Section 65915 which are consistent with state law and the housing element of the city
of Rohnert Park general plan.
(1)a. An additional density bonus or other incentives of equal financial value subject to
the city council's review and approval.
(2)b. Waiver or modification of city standards that have a direct impact on reducing
total project costs while remaining consistent with the latest edition of the California
Building Code. The developer shall be responsible for documenting that the waiver or
modification is necessary for the feasibility of the residential development project and is
consistent with all applicable provisions of the California Building Code.
(3)c. Provision of direct financial assistance in the form of a loan or grant using trust
fund or other appropriate available funds subject to the recommendation of the city
manager.
(4)d. Deferral of payment of all city-required fees on market rate units until issuance of
a certificate of occupancy.
(5)e Any additional concessions or incentives consistent with state law and the
housing element of the city of Rohnert Park general plan.
6F. Housing In-Lieu Fee.
a1. Developers of for-sale residential projects proposing 50 units or less, which are not part
of a larger project, and developers of for-sale residential projects with fractional inclusionary
housing requirements may elect to pay a residential affordable housing in-lieu fee in the
amount set forth by City Council.
b2. Unless otherwise preempted by law, the housing in-lieu fee shall be paid prior to the
issuance of a building permit.
c3. In establishing the residential affordable housing in-lieu fee, the City Council shall
consider the affordability gap between development costs and the value of the affordable
units, based on income levels.
7G. Rental Affordable Housing Fee
a1. Developers of all new rental residential development projects must pay a rental
affordable housing fee in the amount set forth by the City Council.
b2. Unless otherwise preempted by law, the rental affordable housing fee shall be paid prior
to the issuance of a building permit.
8H. Exceptions. This section 17.07.020(N) shallSection 17.08.010shall not apply to a residential
development project which falls into one or more of the following categories:
a1. A residential development project to the extent it has received a vested right to proceed
without payment of housing impact fees pursuant to state law.
b2. Building permits for residential development projects if compliance with this section for
such project has already been satisfied including, but not limited to, building permits on
newly created lots where the subdivider has built affordable units or otherwise satisfied this
section.
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c3. Any dwelling unit or residential development project which is damaged or destroyed by
fire or natural catastrophes so long as the square footage and use of the building remains the
same.
d4. A residential development project subject to a development agreement that provides for
alternative means of addressing the affordable housing requirements of this section, such as
an alternative equivalent action.
9I. Adjustment or Waiver Procedures
a1. A developer of any project subject to the requirements of 17.07.020(N)17.08.010 may
appeal to the city council for a reduction, adjustment, or waiver of the requirements based
upon the absence of any reasonable relationship between the impacts of development and the
amount of the fee charged or the inclusionary requirement, as applicable.
b2. A developer subject to the requirements of this chapter who has received an approved
tentative subdivision or parcel map, use permit or similar discretionary approval and who
submits a new or revised tentative subdivision or parcel map, use permit or similar
discretionary approval for the same property may appeal for a reduction, adjustment or
waiver of the requirements with respect to the number of lots or square footage of
construction previously approved.
c3. Any such appeal shall be made in writing and filed with the city clerk not later than ten
calendar days before the first public hearing on any discretionary approval or permit for the
development, or if no such discretionary approval or permit is required, or if the action
complained of occurs after the first public hearing on such permit or approval, the appeal
shall be filed within ten calendar days after payment of the fees objected to.
d4. The appeal shall set forth in detail the factual and legal basis for the claim of waiver,
reduction, or adjustment. The city council shall consider the appeal at the public hearing on
the permit application or at a separate hearing within sixty calendar days after the filing of
the appeal, whichever is later. The appellant shall bear the burden of presenting substantial
evidence to support the appeal including comparable technical information to support
appellant's position and shall bear the cost of the appeal.
e5. No waiver shall be approved by the city council for a new tentative subdivision or parcel
map, use permit or similar discretionary approval on property with an approved tentative
subdivision or parcel map, use permit or similar discretionary permit unless the council finds
that the new tentative subdivision or parcel map, use permit or similar discretionary approval
is superior to the approved project both in its design and its mitigation of environmental
impacts. The decision of the council shall be final. If a reduction, adjustment, or waiver is
granted, any change in the project shall invalidate the waiver, adjustment, or reduction of the
fee or inclusionary requirement.
10J. Use of Affordable Housing Fees
a1. All rental affordable housing fees and in-lieu fees shall be deposited into a segregated
account and all expenditures of these funds shall be documented and included in an annual
report which shall be available for public inspection.
b2. Fee and in-lieu fee payments, together with any interest earnings on such monies, shall be
used in accordance with and in support of activities to implement the city's adopted housing
element and increase, improve and maintain the supply of housing affordable to very low,
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low and moderate income households. The affordable housing funds may be expended for
the benefit of both rental and for-sale housing. Allowable activities shall include:
(1)a. Acquisition of property and property rights;
(2)b. Direct expenditure for capital projects or incidental noncapital expenditures,
related to capital projects, including, but not limited to, construction and rehabilitation of
new and existing affordable housing stock;
(3)c. Reimbursement to the city for eligible costs if funds were advanced by the city
from other sources;
(4)d. Reimbursement of developers or property owners who have been required or
permitted to install facilities which are beyond that which can be attributed to a specific
development;
(5)e. Subsidies and counseling for qualifying households;
(6)f. Assistance to other governmental entities, private organizations or individuals to
expand affordable housing opportunities for qualifying households; and
(7)g. Reasonable administrative expenses not reimbursed through processing fees,
including reasonable consultant and legal expenses related to the establishment and/or
administration of the residential affordable housing fund and reasonable expenses for
administering the process of calculating, collecting, and accounting for the fees and any
deferred city fees authorized by this section.
11K. Enforcement Provisions.
a1. It is unlawful, a public nuisance and a misdemeanor for any person to sell or rent an
affordable unit at a price or rent exceeding the maximum allowed under this chapter or to
a household not qualified under this chapter, and such person shall be subject to a five
hundred dollar fine per month from the date of original noncompliance until the
affordable unit is in compliance with this section.
b2. The Rohnert Park city attorney's office or the Sonoma County district attorney, as
appropriate, shall be authorized to abate violations of this chapter and to enforce the
provisions of this chapter and all implementing regulatory agreements and resale controls
placed on affordable units by civil action, injunctive relief, and any other proceeding or
method permitted by law.
c3. The remedies provided for herein shall be cumulative and not exclusive and shall not
preclude the city from any other remedy or relief to which it otherwise would be entitled
under law or equity.
H. Density Bonus for Affordable Housing.
17.08.020 Density Bonus
A. Purpose. This section shall apply to any housing development project that is eligible to
receive a density bonus pursuant to the State Density Bonus Law.
B. Applicability. This section shall apply to any housing development project that is eligible
to receive a density bonus pursuant to the State Density Bonus Law.
C. Definitions. The following terms are defined for purpose of this section:
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“Affordable units” means the proposed housing units available for rent or sale to
households pursuant to the State Density Bonus Law, as defined herein.
"Base units" means the total number of units in a housing development, not including
units added through a density bonus pursuant to this section.
"Concession" shall have the same meaning as the term "concession or incentive" pursuant
to the State Density Bonus Law, as defined in Government Code Section 65915
subdivision (k), as may be amended.
"Housing development" shall have the same meaning as the term "housing development"
pursuant to the State Density Bonus Law, as defined in Government Code Section
65915 subdivision (i), as may be amended.
"Identifiable and actual cost reduction to provide for affordable housing cost" means a
reasonably quantifiable cost reduction that would be achieved for a housing
development through a concession.
"Maximum allowable residential density" means the maximum residential density
allowed for a housing development under this section and the land use element of the
general plan. If the density allowed under Title 17 of the Rohnert Park Municipal
Code is inconsistent with the density allowed under the land use element of the
general plan, the general plan density shall prevail. For purposes of this definition,
residential density shall be calculated based upon the gross acreage of a housing
development. If a housing development is proposed to be located on any property
without a defined dwelling units per acre standard, the maximum allowable
residential density shall be the base density as established by the applicant pursuant
to Section 17.08.020(E)(12).
"Reasonable documentation to establish eligibility for a concession" means a credible
written explanation or other documentation demonstrating to the reasonable
satisfaction of the development services director or designee that a concession will
achieve an identifiable and actual cost reduction to provide for affordable housing
cost.
"State Density Bonus Law" means California Government Code Section 65915, et seq, as
the same may be renumbered or amended.
D Adoption of State Density Bonus Law. The State Density Bonus Law is hereby adopted
by reference. The development service director shall have the authority to prepare, adopt,
and periodically update administrative guidelines consistent with this division and State
Density Bonus Law, without further action of the planning commission or city council, to
reflect changes in state law.
E. Application requirements. An applicant requesting a density bonus pursuant to State
Density Bonus Law shall submit the following information as part of an application or
application for a housing development:
1. A project summary table demonstrating the basis under the State Density Bonus
Law on which the applicant is requesting a density bonus, including the maximum
allowable density permitted by the zoning and general plan designations
excluding any density bonus; base units; proposed number of affordable units by
income level; proposed bonus percentage; total number of dwelling units;
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residential gross floor area and total gross floor area proposed; density per acre;
proposed number of parking spaces; and unit and bedroom counts and unit types
for the purpose of calculating parking requirements;
2. A preliminary site plan, drawn to scale, showing the number and location of all
proposed units;
3. A legal description of the site;
4. A boundary survey;
5. An identification of the maximum density bonus to which the housing
development is entitled on the basis requested;
6. An identification of any concession(s) sought and reasonable documentation
consisting of a detailed written statement to establish eligibility for the
concession(s).
7. An identification of any waiver(s) sought and a detailed written explanation of
why the development standard from which any waiver is sought would have the
effect of physically precluding the construction of the housing development at the
density and with any concession(s) or parking ratio reduction sought.
8. If the housing development is proposed on any property that includes a parcel or
parcels with existing dwelling units or dwelling units that have been vacated or
demolished in the five-year period preceding the application, an explanation of
how the project meets the State Density Bonus Law's replacement housing
requirements, if applicable, set forth in Government Code Section 65915
subdivision (c)(3), as may be amended.
9. If the density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control and reasonable documentation that each of the
requirements pursuant to State Density Bonus Law, set forth in Government Code
Section 65915 subdivision (g), as may be amended, can be met.
10. If the density bonus or concession requested is based all or in part on the inclusion
of a child-care facility, a written summary addressing the eligibility requirements
pursuant to State Density Bonus Law, as set forth in Government Code Section
65915 subdivision (h), as may be amended, have been met.
11. If the density bonus or concession is based all or in part on the inclusion of
affordable units as part of a condominium conversion, written summary
addressing the eligibility requirements pursuant to State Density Bonus Law, set
forth in Government Code Section 65915.5, as may be amended, have been met.
12. If the housing development is proposed to be located on any property that
includes a parcel or parcels for which no maximum density is established by the
general plan or zoning, then the applicant shall determine a base density by
determining the maximum number of units that could be provided by a
hypothetical housing development consistent with all applicable development
standards. The average unit size for the hypothetical housing development shall
be at least as large as the average unit size for the housing development proposed.
The application for a density bonus shall include a table with calculations and
diagrams for the hypothetical housing development used to determine the base
density.
F. Application Review Procedure.
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1. The development services director shall process the density bonus application
concurrently with all other applications required for the housing development.
The development services director shall provide the applicant with notice whether
the application is complete consistent with Government Code Section 65943.
2. At the time the application is deemed complete, the development services director
shall provide the applicant with a determination regarding the amount of density
bonus and the parking ratio for which the housing development is eligible and
whether adequate information has been submitted for the development services
director to make a determination regarding any requested concessions and
waivers.
3. If the proposed housing development would be inconsistent with the State Density
Bonus Law, then the development services director shall provide the applicant
notice describing the inconsistency(ies) pursuant to the Housing Accountability
Act, Government Code Section 65589.5.
4. All requests for density bonuses, concessions, parking ratios, or waivers shall be
considered and acted upon by the approval body with authority to approve the
housing development within the timelines prescribed by Government Code
Sections 65950 et seq. The approval body shall grant the request(s) pursuant to
State Density Bonus Law if the following findings are met:
a. The project is a housing development that qualifies for a density bonus
and meets all applicable eligibility requirements;
b. The housing development has provided sufficient affordable units or
otherwise meets all eligibility requirements;
c. If a reduced parking ratio is requested, the housing development meets all
eligibility requirements, unless the city makes certain findings pursuant to
state density bonus law, as set forth in Government Code Section 65915
subdivision (p)(8), as may be amended;
d. If concessions are requested, the housing development meets all eligibility
requirements, unless the city makes certain findings pursuant to state
density bonus law, as currently defined in Government Code Section
65915 subdivision (d)(1), as may be amended; and
e. If waivers are requested, the development standards requested to be
waived would physically preclude construction of the housing
development at the density and with any concession(s) or parking ratio
reduction sought, unless the city makes certain findings pursuant to state
density bonus law, as set forth in Government Code Section 65915
subdivision (e)(1), as may be amended.
G. Affordability Requirements
1. Affordable rental units provided by a housing development to meet State Density
Bonus Law requirements shall be subject to an affordable housing agreement
recorded against the housing development with a fifty-five (55) year term
commencing upon the issuance of certificates of occupancy. The form of the
affordable housing agreement shall be approved by the city attorney.
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2. For-sale affordable units provided by a housing development to meet State
Density Bonus requirements shall be subject to a recorded affordable housing
agreement approved as to form by the city attorney commencing upon the
issuance of certificates of occupancy. The affordable housing agreement shall, at
a minimum, require that:
a. Each for-sale affordable unit shall be sold to an income qualified
household at an affordable housing cost, as defined in Section
17.08.010(B); and
b. Each for-sale affordable unit shall be sold to the initial purchaser subject
to a recorded resale restriction agreement approved as to form by the city
attorney, which shall:
i. Have a forty-five (45) year term or longer if required by another
public financing source or law;
ii. Restrict the resale price of the unit to an affordable housing cost, as
defined in the resale restriction agreement; and
iii. Require that if the unit is sold to a subsequent purchaser during
the term of the agreement, the purchaser shall purchase the unit
subject to a resale restriction agreement approved as to form by
the city attorney with a new forty-five (45) year term or longer
if required by another public financing source or law.
H. Appeal process
1. Any actions of the approval body relating to the overall project approval shall be
subject to the appeal provisions under Chapter 17.25, Article XII.
2. An applicant may initiate judicial proceedings to contest a final decision on an
application for a density bonus, incentive or concession, as authorized under
Government Code Section 65915.
1. Applicability. The purpose of this section is to comply with the state density bonus law
(California Government Code Section 65915) and to implement the housing element of the
Rohnert Park general plan, by providing increased residential densities for projects that
guarantee that a portion of the housing units will be affordable to households of low or very low
income. The provisions of this section shall apply to the construction of five or more units of
housing that satisfies one or more of the following criteria:
a. At least ten percent of the total units are designated for low income households.
b. At least five percent of the total units are designated for very low income households.
c. A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code.
d. At least ten percent of the total in a condominium project for moderate income households.
The density bonus shall not be included when determining the number of housing units that are
to be affordable.
2. Definitions. The following terms are hereby defined for the purposes of this section:
"Affordable housing units" means housing units affordable to low and very low income persons
provided through the affordable housing density bonus program pursuant to California
Government Code Section 65915.
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"Condominium project" means a development consisting of condominiums. A
condominium consists of an undivided interest in common in a portion of real
property coupled with a separate interest in space called a unit, the boundaries of
which are described on a recorded final map, parcel map, or condominium plan in
sufficient detail to locate all boundaries thereof.
"Low income household" means a household whose income is equal to or less than eighty
percent of the area median income, as published by the California Department of
Housing and Community Development, and is considered to be able to afford rent
that does not exceed thirty percent of sixty percent of the area median income.
"Very low income household" means a household whose income is equal to or less than
fifty percent of the area median income, as published by the California Department
of Housing and Community Development, and is considered to be able to afford rent
that does not exceed thirty percent of fifty percent of the area median income.
"Density bonus" means a density increase of at least twenty percent (rounded up to the
nearest whole unit) up to a maximum of thirty-five percent in accordance with
Government Code Section 65915, unless a lesser percentage is elected by the
applicant, over the otherwise maximum allowable residential density under the
applicable zoning ordinance and land use element of the Rohnert Park General Plan
as of the date the application by the developer is accepted by the city as complete.
For condo developments as identified in subsection (H)(1)(d) of this section, the
minimum density bonus shall be at least five percent, up to a maximum of thirty-five
percent in accordance with Government Code Section 65915 over the otherwise
maximum allowable residential density, unless a lesser percentage is elected by the
applicant, if at least ten percent of the total dwelling units are reserved for persons
and families of moderate income. The granting of a density bonus shall not be
interpreted in and of itself to require a general plan amendment, zoning change, or
other discretionary approval. For purposes of calculating a density bonus, the
residential units do not have to be based upon individual subdivision maps or
parcels.
"Housing development" means one or more projects for new residential development
consisting of five or more units.
"Senior citizens" means qualifying residents as defined in Section 51.2 of the California
Civil Code.
3. Criteria and standards for density bonus and incentive:
a. In accordance with Government Code Section 65915, when a developer agrees to
construct affordable housing, at least one of the following incentives or concessions, at
the city's option, shall be granted if requested, in addition to a density bonus; provided the
findings outlined in subsection (H)(4) (b)(3) of this section are satisfied:
(1) A reduction in site development standards or a modification of zoning
requirements or architectural design requirements such as, but not limited to,
private and common open space, landscaping, parking, minimum lot sizes, and
setbacks.
(2) Approval of mixed-use zoning within the housing development where it is
demonstrated that commercial, office, or other nonresidential land uses will
reduce housing costs over residential-only uses on a site and will be compatible
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with the existing and planned housing units on the site and the surrounding
neighborhood where the proposed housing development will be located.
(3) Other incentives proposed by the developer or the city which result in
identifiable cost reductions, such as one of the following:
(i) Expedited "fast track" processing of development applications and
permits ( e.g., allowing plan check to begin during planning application
process);
(ii) Use of redevelopment funds or powers, or other public financing.
There is no requirement, however, for the city to provide any direct
financial assistance, to waive fees and/or dedication requirements, or to
provide publicly owned land for a housing development.
b. If the developer agrees to construct twenty percent of the total units for low income
households, ten percent of the units for very low income households, or at least twenty
percent for persons and families of moderate income in a condominium or planned
development, at least two of the above incentives or concessions, at the city's selection,
shall be granted in addition to the density bonus.
c. If the developer agrees to construct at least thirty percent of the total units for low
income households, at least fifteen percent for very low income households, or at least
thirty percent for persons and families of moderate income in a condominium or planned
development, at least three of the incentives or concessions, of the city's selection, shall
be granted in addition to the density bonus.
d. If an applicant for a tentative subdivision map, parcel map, or other residential
development approval donates land to the city for the provision of affordable housing in
accordance with Government Code Section 65915(h), the applicant shall be eligible for a
density bonus ranging from fifteen percent to a maximum of thirty-five percent in
accordance with Government Code Section 65915(h).
e. The following standards shall apply to the granting of the density bonus and incentives:
(1) Duration of affordability. If an incentive is granted, the affordable housing
units receiving a density bonus shall be affordable for a minimum period of thirty
years, or longer if required by a construction or mortgage financing assistance
program, mortgage insurance program, rental subsidy program, the city's
redevelopment assistance program, city's inclusionary housing program or an
affordable housing agreement.
(2) Location and density of affordable housing units. The affordable housing units
shall be integrated with other housing units in the housing development with
regard to siting and placement within buildings, and shall not differ in exterior
appearance of the units. The location of the affordable housing units may or may
not be on contiguous parcels within the site. In no event shall the affordable
housing units be located in only one portion of the housing development or
situated in one building of a multi-building development.
(3) Location of density bonus. The density bonus units can be located in
geographic areas of the development site other than the areas where the units for
the low income households are located, and can be located only on parcels for
which the density bonus was granted.
(4) Zoning basis. The underlying zoning of the district and the number of units
allowed in the district shall be the basis of which the density bonus is determined
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unless the project is a planned unit development, in which case the density bonus
will be determined based on the general plan designation.
4. Procedures.
a. Preliminary proposal. A developer requesting a density bonus, or incentive(s) or
concession(s) pursuant to this section may submit a preliminary proposal for staff
comment (pursuant to item 4(b) below) prior to the submittal of any formal requests for
approval of a density bonus and incentive(s) or concession(s) and other planning
approvals such as a general plan amendment, subdivision map, development plan or
design review, etc. The purpose of the preliminary proposal is to determine whether the
proposed housing development is in compliance with applicable planning regulations and
to establish the basis and procedures for granting the incentive(s). Approval of a
preliminary proposal does not constitute approval of the housing development, but
indicates that the housing development nominally complies with the city's applicable
planning and zoning regulations, and establishes the type of incentive(s) or concession(s)
and agreement to ensure compliance with this section to be recommended by staff.
(1) The following information shall be submitted for a preliminary proposal:
(i) A concise written description of the project, including location, number
and type of housing units, including affordable units and bonus units, and
the planning approval required.
(ii) A site map showing the location and general layout of the proposed
housing development and surrounding land uses and roadways.
(iii) A written request for the specific incentive(s) sought, accompanied by
the rationale and accurate supporting information sufficient to demonstrate
that any requested incentive is necessary to make the affordable units
economically feasible and set rents at qualifying levels. If applicable, the
applicant shall identify the proposed use of any housing subventions or
programs for the housing development such as State Housing Community
Development Programs, redevelopment funds, or other sources of funding.
(2) Within forty-five days of receipt of a complete preliminary proposal, the
planning and community development director shall notify the applicant in
writing what the staff will recommend as to how the city will comply with this
section, and shall indicate whether or not the housing development complies with
this section and with the applicable planning and zoning regulations.
b. Housing density bonus and incentive(s) or concession(s) application and approval.
1. The request for approval of a density bonus and incentive(s) or concession(s) shall be
made by applying for an administrative use permit. The procedures applicable to the
processing of an administrative use permit shall apply to the request for approval of
a density bonus and incentive(s) or concession(s). The findings required by
Section 17.25.053 do not apply to Administrative Use Permits granted pursuant to
this Section 17.07.020(H).
The request for approval of a density bonus and incentive(s) or concession(s)
pursuant to this section shall be made along with other applicable related planning
action requests for the project as specified in the Rohnert Park zoning ordinance,
except for projects for which one or more approvals has been sought prior to the
adoption of this section.
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(2) The request for approval shall include the items specified under subsection
(H)(4)(a)(1) of this section.
(3) All of the following findings must be made, as applicable, in order to approve
a density bonus and incentive(s) or concession(s):
(i) That the incentive(s) or concession(s) are required in order to make the
affordable housing units economically feasible or to set rents at qualifying
levels for low income or very low income households.
(ii) That design, siting and income thresholds of the affordable housing
units substantially comply with all of the requirements and standards set
forth in this section.
(iii) That, prior to issuance of any building or grading permit for the
housing development, there will exist an enforceable recorded agreement
to maintain the affordability of the affordable housing units for the
duration required by this section.
c. Denial of incentive application. The request for approval of incentive(s) or
concession(s) above and beyond a density bonus may be denied if the city makes a
written finding, based upon substantial evidence, of either of the following:
(1) The concession(s) or incentive(s) are not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in Section
17.08.050(A) of this title.
(2) The concession(s) or incentive(s) would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government
Code, Title 7, Division 1, upon public health and safety or the physical
environment or on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the development
unaffordable to low- and moderate-income households.
5. Criteria to evaluate requested incentive(s) or concession(s).
a. At least one of the following criteria shall be used to evaluate whether incentive(s) or
concession(s) are sufficient to make the affordable housing units economically feasible:
(1) A development pro forma with the capital costs, operating expenses, return on
investment, revenues, loan-to-value ratio and the debt-coverage ratio including
the contribution provided by any applicable subsidy programs, and the economic
effect created by the thirty year use and income restrictions of the affordable
housing units.
(2) An appraisal report indicating the value of the density bonus and of the
incentive(s) and of the value of any other incentives.
(3) Sources and use of funds statement identifying the projected financing gap of
the project with the affordable housing units that are the basis for granting the
density bonus and incentive(s). The developer shall establish how much of the
gap would be covered by the density bonus, leaving a remainder figure to be
covered by an additional incentive.
b. Determination of the completeness and accuracy of the financial information submitted
in support of a request for an incentive and evaluation of this information shall be made
by the city, or by a third party agreed to jointly by the city and the developer.
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6. Required affordable housing density bonus agreement.
a. Prior to the issuance of a building or grading permit for any dwelling unit in a
development for which a density bonus has been awarded or incentives have been
granted, the developer shall enter into a written agreement with the city for the
duration of affordability. The terms and conditions of the agreement shall run
with the land that is to be developed, shall be binding upon the successor in
interest of the developer, and shall be recorded in the Sonoma County recorder's
office. The agreement shall be approved by the city attorney and shall include
provisions for the following:
(1) The number and proportion of housing units affordable to low income and
very low income house-holds by type, location, and number of bedrooms.
(2) Standards for maximum qualifying household incomes and maximum rents or
sale prices.
(3) The party responsible for certifying rents and sales prices of affordable
housing units.
(4) The process that will be used to certify incomes of tenants or purchasers of the
affordable housing units.
(5) The manner in which vacancies will be marketed and filled, including the
screening and qualifying of prospective renters and purchasers of the affordable
units.
(6) Deed restrictions on the affordable housing units binding on property upon
sale or transfer.
(7) Enforcement mechanisms to ensure that the affordable units are continuously
occupied by eligible households are not sold, rented, leased, sublet, assigned, or
otherwise transferred to non-eligible households.
(8) Project phasing, including the timing of completions, and rental or sale of the
affordable housing units, in relation to the timing of the market-rate units.
M. HOMELESS SHELTER
17.08.030 Emergency Shelters and Low-Barrier Navigation Centers
A. Unless the context clearly indicates to the contrary, the terms used in this section shall
have the same meaning as provided for in Section 17.04.030 of this code.
B. Applicability. This section provides standards and guidelines for the siting, development
and management of emergency shelters and low barrier navigations centers.
C. Standards Specific to Emergency Shelters. An emergency shelter is a permitted or
conditionally permitted use within the zones outlined in Chapter 17.06. Emergency
shelters must meet the following requirements:
1. Off-Street Parking. Facilities shall have one off-street parking spaces for every
employee working during the peak shift. If the requirement applicable to another
use within the same zone would require fewer parking spaces for an emergency
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shelter, that requirement shall apply instead. If multiple requirements meet this
provision, the lowest requirement shall apply.
2. Client Waiting / Intake Area. An indoor client waiting/intake area shall be
provided, with a floor area not less than 100 square feet.
3. On-Site Management. On-site management personnel shall be provided
continuously from at least one hour before the facility opens to clients until one
hour after the last client leaves.
4. Proximity to Other Shelters. There shall be a minimum distance requirement of
three hundred feet between such facilities as measured between the closest points
on the exterior property lines or area boundaries of the parcels or areas involved.
5. Exterior Lighting. Exterior lighting must be provided at all building entrances and
outdoor activity areas, and must be activated between sunset and sunrise of each
day. All exterior lighting must comply with Code Section 17.12.050.
D. Standards Specific to Low-Barrier Navigation Centers. A low-barrier navigation center is
allowed by-right in mixed-use and nonresidential zones permitting multifamily uses, if it
meets the following requirements:
1. Connected Services. The center offers services to connect people to permanent
housing through a services plan that identifies services staffing.
2. Coordinated Entry System. The center is linked to a coordinated entry system, so
that staff in the interim facility or staff who co-locate in the facility may conduct
assessments and provide services to connect people to permanent housing.
"Coordinated entry system" means a centralized or coordinated assessment
system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as
applicable, of Title 24 of the Code of Federal Regulations, as those sections read
on January 1, 2020, and any related requirements, designed to coordinate client
intake, assessment, and referrals.
3. Code Compliant. The center complies with Chapter 6.5 (commencing with
Section 8255) of Division 8 of the Welfare and Institutions Code.
4. Homeless Management Information System. It has a system for entering
information regarding client stays, client demographics, client income, and exit
destination through the local Homeless Management Information System, as
defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
1. This section is intended to provide guidelines to be used to implement policies contained in
the housing element of the Rohnert Park general plan with regard to the siting of housing
facilities for the homeless in the city of Rohnert Park.
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2. Applicability. A homeless shelter for six or fewer persons may be located in
conjunction with an existing church or other places of religious assembly, and in
any portion of the city zoned for residential or commercial development. To
ensure that a concentration of persons within a single site is compatible with the
neighborhood and adequate for the persons living on-site, homeless shelters for
seven or more persons may be permitted in conjunction with an existing church or
other places of religious assembly, and in any portion of the city zoned for high-
density residential or commercial development.
3. Physical characteristics. Persons seeking to establish homeless shelters shall be
required to demonstrate:
There shall be a minimum distance requirement of three hundred feet between such
facilities as measured between the closest points on the exterior property lines or
area boundaries of the parcels or areas involved.
a. The facilities have adequate private living space, shower and toilet facilities, and
secure storage areas for its intended residents.
b. The facility shall have at least one room, which has one hundred twenty square feet of
floor area. Other habitable rooms shall have an area not less than seventy square feet.
Where more than two persons occupy a room used for sleeping purposes, the required
floor area shall be increased at the rate of fifty square feet for each occupant in excess of
two. (Source: Uniform Housing Code.) Rooms used for sleeping shall meet requirements
of the California Building Code and minimum health and safety requirements.
c. The facility has an enclosed yard area, especially if the facility is located on a major
thoroughfare.
e. Facilities for seven or more persons shall have two off-street parking spaces plus one
space for every two employees.
4. Programmatic characteristics.
a. If the facility is proposed for a location in an area either zoned or developed as a
residential area, all intake and screening shall be conducted off-site.
b. The program shall provide accommodations appropriate for a minimum stay of
twenty-eight days and a maximum stay of one hundred eighty days per client.
c. The program shall identify a transportation system that will provide its clients with a
reasonable level of mobility including, but not limited to, access to social services and
employment opportunities.
d. The program shall provide specific mechanisms for residents to contact social service
and employment programs.
e. If a program includes a drug or alcohol abuse counseling component, appropriate state
licensing shall be required.
f. The program shall include clear arrangements for on-site meal preparation or
providing food in accordance with county health department regulations.
g. The program shall, where applicable, provide a child care service and ensure that
school-aged children are enrolled in school during their stay at the facility.
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h. The program shall have an identified administrator and liaison personnel.
i. Administrators and operators of the program shall demonstrate experience in
successfully running social service-related facilities.
j. The program shall provide clear and established operational standards and rules (e.g.,
standards governing expulsions and lights-out).
k. The program shall include identified funding mechanisms that are sufficient to ensure
compliance with the required siting and programmatic criteria.
Q. MANUFACTURED HOME.
Certified manufactured homes on approved foundations may be permitted in the
indicated districts only with zoning compliance approval that the proposed home is
consistent with the city's adopted design guidelines for single-family residential
developments.
X17.08.040. Accessory Dwelling Units and Junior Accessory Dwelling Unit Standardss.
1A. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be a
permitted with a certificate of zoning compliance,use on any lot zoned to allow for a
single-family or multi-family residential uses, including mixed-use zones, subject to
the requirements of this subsection.
2B. ADUs or JADUs shall not be sold separately from the primary structure on the lot nor
shall any subdivision of the land separating the ADU and the primary structure be
permitted by the City, except for a separate sale or conveyance as authorized under
Government Code Section 65852.26. No separate sale of a JADU from the primary
structure, nor subdivision of the land separating a JADU and the primary structure be
permitted by the city.
3C. The application for an ADU or JADU shall be considered ministerially without
discretionary review or a hearing within sixty days after receiving the application if
there is an existing single family or multi-family dwelling on the lot, unless the
applicant requests a delay. If the application for the ADU or JADU is proposed in
conjunction with an application for a new single-family dwelling or multi-family
dwelling, the application will be processed ministerially after the application for such
dwelling unit(s) has been acted on.
4D. General Design Requirements. The following standards shall apply:
a1. The ADU or JADU shall also comply with any objective standards in the City's
adopted design guidelines for residential development.
b2. The maximum square footage limitof interior livable space for either an attached
or detached ADU shall be:
ia. Eight hundred fifty square feet for an ADU with one bedroom or less.
iib. One thousand square feet for an ADU with two bedrooms or more.
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iiic. For an attached ADU over eight hundred square feet constructed on a lot
with an existing primary dwelling unit, the total floor area of the attached
accessory dwelling unit shall not exceed fifty percent of the floor area of that
existing dwelling.
c3. For ADUs larger than eight hundred square feet, the ADU together with the
primary residence shall not cover more than fifty percent of the lot area. No lot
coverage requirement shall be applied to an ADU of eight hundred square feet or
less.
d4. No passageway shall be required in conjunction with the construction of an ADU.
e5. Fire sprinklers are only required in ADUs where they would also be required
under this code for the primary dwelling. The construction of an accessory
dwelling unit shall not trigger a requirement for fire sprinklers to be installed in
any existing dwelling.
f6. The following height limits shall apply:
ia. A height of sixteen feet for a detached accessory dwelling unit on a lot with
an existing or proposed single-family or multi-family dwelling unit.
iib. A height of eighteen feet for a detached accessory dwelling unit on a lot with
an existing or proposed single family or multi-family dwelling unit that is
within one-half of one mile walking distance of a major transit stop or a
high-quality transit corridor, as those terms are defined in Section 21155 of
the Public Resources Code, subject to an additional two feet in height to
accommodate a roof pitch on the accessory dwelling unit that is aligned with
the roof pitch of the primary dwelling unit.
iiic. A height of eighteen feet for a detached accessory dwelling unit on a lot with
an existing or proposed multi-family, multistory dwelling.
ivd. A height of twenty-five feet or the height limitation specified in Chapter
17.10 that applies to the primary dwelling, whichever is lower, for an
accessory dwelling unit that is attached to a primary dwelling.
g7. Any standard that does not allow for the construction of at least one ADU of at
least eight hundred square feet that meets four-foot side and rear setback
requirements and applicable height limits shall be not be imposed, including any
minimum or maximum size for an ADU, any setback requirement (including front
yard setback), size based on percentage of the proposed or existing primary
dwelling unit, or limits on lot coverage, floor area ratio, open space, lot size, or
landscaping. Only the minimum deviation needed to construct an eight hundred
square foot ADU shall be considered.
h8. Notwithstanding anything in this code to the contrary, any procedural requirement
such as zoning clearance or separate zoning review that does not allow for the
construction of at least one ADU of at least eight hundred square feet shall not be
imposed.
5E. Streamlining Provisions and Exemptions. Except as provided for in this Section
17.07.020.X(5),section no more than one ADU and one JADU shall be permitted per
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single-family, multi-family or mixed use lot in compliance with all other requirements
in this section. Notwithstanding the foregoing limitation or anything in this code to the
contrary, the zoning administrator and building official shall cause certificates of
zoning compliance and building permits to be ministerially approved for the following
projects:
a1. For any lot with a proposed or existing single-family dwelling, one attached ADU
and one JADU shall be permitted when all of the following apply:
ia. The ADU or JADU is within the existing or proposed single-family dwelling
or accessory structure. The limits of the "existing structure" may include an
expansion of not more than one hundred fifty square feet to accommodate
ingress and egress.
iib. The ADU or JADU has exterior access that is separate from the exterior
entrance for the proposed or existing single-family dwelling.
iiic. The side and rear setbacks are sufficient for fire and safety.
ivd. The JADU, if applied for, meets all the requirements for JADUs outlined in
this section.
b2. For a lot with a proposed or existing single family dwelling, one detached ADU
shall be permitted when all of the following apply:
ia. Four-foot side and rear yard setbacks are maintained.
iib. The total height complies with the requirements of this section.
iiic. The detached ADU may be combined with the JADU, described in Section
17.07.020.X(5)(a08.840(E)(1), provided all requirements for JADUs outlined
in this section are met.
c3. For a lot with an existing ormulti-family dwelling, not more than eight detached
ADUs, not to exceed the number of existing units on the lot, shall be permitted
when all of the following apply:
a. Four-foot side and rear yard setbacks are maintained.
b. The total height complies with the requirements of this section. .
4. For a lot with a proposed multi-family dwelling, not more than two detached
ADUs shall be permitted when all of the following apply:
ia. Four-foot side and rear yard setbacks are maintained.
iib. The total height limit does not exceed eighteen feet. dcomplies with the
requirements of this section.
5. Conversion of portions of existing multi-family dwelling structures which are not
currently used as livable space (e.g. storage rooms, boiler rooms, attics) shall be
permitted to ADUs provided that each ADU complies with state building
standards for dwellings. At least one new ADU created from such conversions
shall be permitted per existing multi-family structure, up to a maximum of a
twenty-five percent increase in the total number of units in the existing structure,
to a maximum of eight ADUs.
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6F. Additional Requirements for Junior Accessory Dwelling Units.
a1. The maximum square footageinterior livable space of a JADU shall be no more
than five hundred square feet, and a JADU shall be contained entirely within an
existing or proposed dwelling unit except that an expansion to accommodate an
entrance may be permitted under Section 17.07.020.X(5)(a08.840(E)(1). For
purposes of this paragraph, enclosed uses within the residence, such as attached
garages, are considered a part of the proposed or existing single-family residence.
b2. Utilities may be shared with the primary dwelling unit.
c3. A JADU may include interior entry to the main living area. A second interior door
may be included for sound attenuation. A separate entrance from the main
entrance to the proposed or existing single-family residence is required.
d4. A JADU shall include an efficiency kitchen, with the following minimal
requirements:
ia. A sink with a maximum waste line diameter of one and one-half inches;
iib. A cooking facility with appliances that do not require electrical service
greater than one hundred twenty volts, natural gas, or propane gas; and
iiic. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the dwelling unit.
e5. Owner occupancy shall be required for each JADU. The owner shall reside either
in the primary dwelling unit or the newly created JADU. Owner-occupancy shall
not be required if the owner is another governmental agency, land trust, or
housing organization.
f6. Each JADU shall be subject to a deed restriction, in a form approved by the city
and recorded prior to issuance of certificate of occupancy, with provisions
specifying that:
i. a. If the junior accessory dwelling unit has shared sanitation facilities with
the existing structure, oOwner occupancy of either primary dwelling or
JADU shall be required.
iib. The JADU is restricted to the size and attributes approved by the city.
iiic. A prohibition on sale of the JADU separate from the primary dwelling, and
notice to future purchasers regarding the enforcement of this restriction.
iv4. No JADU shall be rented for a period of fewer than thirty consecutive days.
v5. Restrictions requiring that on purchase, any subsequent owner either remove
the JADU (including obtaining all required permits) or demonstrate
compliance with owner-occupancy requirements specified in this section,
except such requirements shall not apply to an owner who is a governmental
agency, land trust, or housing organization.
7G. Parking Requirements.
a1. No parking shall be required for a new ADU or JADU.
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b2. Notwithstanding other provisions of this code, when a garage, carport, or covered
parking structure is demolished or converted in conjunction with the construction
of an ADU or JADU, there shall be no requirement imposed to replace the off-
street parking spaces.
8H. Capacity, Connection and Impact Fees.
a1. Except for the case where an ADU or JADU is constructed within an existing
single family dwelling unit in accordance with [Section]
17.07.20.X(5)(a17.08.840(E)(1), a new, separate or upgraded utility connection
may be required between the primary residence/ADU and the public water or
sewer utility if site specific conditions necessitate a new connection in order to
provide minimum levels of utility service. Connection fee or capacity charges
may be calculated proportionate to the burden of the proposed ADU based upon
either its square feet, the number of its drainage fixture unit (DFU) values, as
defined in the Uniform Plumbing Code adopted and published by the International
Association of Plumbing and Mechanical Officials, or any other method that
reasonably estimates the proportional impact of the ADU.
b2. Before obtaining a certificate of occupancy for an ADU or JADU, the applicant
shall demonstrate adequate water and sewer service available to serve the ADU or
JADU, as determined by the city engineer.
c3. For the purposes of providing services for water, sewer, or power, including a
connection fee, a JADU shall not be considered a separate or new dwelling unit.
An ADU shall not be considered a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service, unless the ADU is constructed with a new single-family dwelling.
d4. No impact fee shall be assessed upon the development of an ADU less than seven
hundred fifty square feet or any JADU, and impact fees charged for an accessory
dwelling unit of seven hundred fifty square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
9I. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of
occupancy has been issued for the primary dwelling.
10J. No ADU or JADU shall be rented for a period of fewer than thirty consecutive days.
11K. Enforcement. In addition to other requirements of this code, notices issued to correct a
violation of a building standard pertaining to an ADU or JADU shall comply with
Section 17980.12 of the Health and Safety Code.
P. .
117.08.050. Live/Work.
A. Purpose. The purpose of this section is to make new and existing commercial buildings
available for joint living and work quarters for individuals and families engaged in art-
making, small-scale custom manufacturing and similar creative endeavors. The cultural
and economic life of the city is enhanced by the residents regularly engaged in the arts.
It is the intent of these regulations to:
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a1. Allow the reuse of existing buildings as live/work space.
b2. Allow for the construction of new buildings specifically designed for live/work.
c3. Ensure that the permitted commercial uses shall not be interfered with or
compromised by the live/work uses allowed under these regulations.
2B. Permitted Use. Live/work uses will be permitted in commercial and mixed-use districts
only with approval of a conditional use permit and subject to the following provisions,
except as modified by a conditional use permit.
3C. Live/Work Standards. Live/work buildings shall comply with the following standards:
a41. The minimum total gross square footage of a live/work space shall be seven
hundred fifty square feet. The maximum density for a live/work development is
one live/work space for each three thousand square feet of lot area.
b2. The workspace must meet the requirements of the building code for the type of
activity/use being undertaken. The living portion of the unit shall be incidental to
the live/work space and the live/work space shall be maintained and classified as a
business use.
c3. The parking and loading requirements for live/work shall be the same as for the
similar commercial/industrial use. A minimum of two parking spaces per unit
shall be provided.
d4. The yard/setback requirements shall be the same as the base zoning designation.
e5. The height limit requirements shall be the same as the base zoning designation.
f6. The permitted work activities shall be in accordance with the base zoning
designation.
g7. The reuse of existing commercial or industrial buildings for live/work occupancy
shall not necessarily constitute a change of use.
h8. The occupant of a live/work space, by selecting this type of occupancy accepts the
conditions found in the area including, but not limited to, industrial noise,
pollution, fumes, dirt, traffic, and odors to the extent that they are permitted by
law in the base district. The planning commission may include conditions to this
effect that would be recorded as part of the approval of a live/work application.
i9. The live/work use must be in compliance with all applicable performance
standards.
j10. The living space shall not be rented separately from the working space.
k11. Signs that identify the location of an occupation in a live/work unit provided the
sign does not exceed one square foot, is attached to the wall of the building in
which the use is housed and is nonilluminated. For building groups that involve
four or more live/work units, an integrated sign program shall be required in
accordance with Section 17.27.030(B) (Sign programs).
l12. Live/work units shall be occupied and used only by a business operator, or a
family of which at least one member shall be the business operator.
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Z. Single Room Occupancy.
117.08.060. Single Room Occupancy Units.
A. Single room occupancy (SRO) living unit facility. An SRO living unit facility may be
permitted or permitted with approval of an administrative permit in indicated districts
subject to the following conditions:
a1. Excluding the closet and the bathroom area, a SRO living unit shall be a minimum
of one hundred fifty sq. ft. in floor area. The average unit size in a living unit
facility shall be no greater than two hundred seventy-five sq. ft. and no individual
unit may exceed 400 sq. ft.;
b2. Each SRO living unit shall be designed to accommodate a maximum of two
persons;
c3. An SRO living unit may contain partial kitchen facilities that are built-in and
approved by the building department;
d4. Individual SRO living units shall not have separate external entryways;
e5. An SRO living unit shall be provided with a kitchen equipped with a kitchen sink;
however, an SRO unit may contain partial kitchen facilities so long as a sink is
provided and kitchen facilities are provided on each floor accessible from a public
hallway; all complete and partial kitchen facilities shall be built-in and approved
by the building department;
f6. An SRO living unit shall be provided with a separate closet and a bathroom
equipped with facilities consisting of a water closet, lavatory, and either a bathtub
or shower;
g7. The SRO living unit facility shall have a management plan approved by the
development services director. The management plan shall contain management
policies, operations, rental procedures, and maintenance plans, staffing needs and
security procedures. An on-site, twenty-four hour manager is required in every
living unit project. The rental procedures must allow for both weekly and monthly
tenancies and specify deposit requirements for each type of tenancy. A manager's
unit shall be a complete dwelling unit and so designated on all plans;
h8. Laundry facilities shall be provided in a separate room at the ratio of one washer
and one dryer for every twenty units or fractional number thereof. The laundry
facility shall be located near the interior common space. Washers and dryers shall
be coin operated;
i9. A closet and separate storage space, as approved by the development services
director, is required in every SRO living unit facility;
j10. A cleaning supply storeroom and/or utility closet with at least one laundry tub
with hot and cold running water shall be provided on each floor of the living unit
building.
k.11 The SRO living unit facility shall provide interior common space at a minimum of
four sq. ft. per unit. An SRO living unit facility must provide at least two hundred
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sq. ft. in area of interior common space, excluding janitorial storage, laundry
facilities, and common hallways.
The planning commission or development services director shall deny an application for a
SRO living unit facility hereunder where the information submitted by the applicant and/or
presented at the public hearing fails to substantiate that the project will comply with these
criteria.
2. Single Room Occupancy (SRO) residential hotel. An SRO residential hotel may be
permitted or permitted with approval of an administrative permit in indicated districts
subject to the following conditions:
a. Excluding the closet and the bathroom area, an SRO residential hotel unit shall be
at least seventy sq. ft. in floor area;
b. An SRO residential hotel unit designed to accommodate a maximum of one
person shall not exceed one hundred fifty sq. ft. in floor area, and SRO residential
hotel unit designed to accommodate a maximum of two persons shall be between
one hundred fifty and two hundred nineteen sq. ft. in floor area;
c. An SRO residential hotel unit shall be provided with a kitchen equipped with a
kitchen sink; however, an SRO residential hotel unit may contain partial kitchen
facilities so long as a sink is provided and kitchen facilities are provided on each
floor accessible from a public hallway; all complete and partial kitchen facilities
shall be built-in and approved by the Building Department;
d. An SRO residential hotel unit shall be provided with a bathroom equipped with
facilities consisting of a water closet, lavatory, and either a bathtub or shower;
however, an SRO residential hotel unit may contain partial bathroom facilities if
common bath facilities are provided as follows:
i. Where private water closets, lavatories and baths are not provided, there shall
be provided on each floor, for each sex, at least one water closet and lavatory
and one bath, accessible from a public hallway.
ii. Additional water closets, lavatories and baths shall be provided on each floor
for each sex at the rate of one for every additional ten guests or fractional
number thereof in excess of ten.
iii. Such facilities shall be clearly marked for "men" or "women."
iv. Each sink, lavatory and either a bathtub or shower shall be equipped with hot
and cold running water necessary for its normal operation.
e. Individual SRO residential hotel units may not have separate external entryways;
f. The SRO residential hotel shall have a management plan approved by the
development services director. The management plan shall contain management
policies, operations, rental procedures, and maintenance plans, staffing needs and
security procedures. An on-site, twenty-four hour manager is required in every
SRO residential hotel. The rental procedures must allow for daily, weekly and
monthly tenancies and specify deposit requirements for each type of tenancy. A
manager's unit shall be a complete dwelling unit and so designated on all plans.
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g. Laundry facilities shall be provided in a separate room at the ratio of one washer
and one dryer for every twenty units or fractional number thereof. The laundry
facility shall be located near the interior common space. Washers and dryers shall
be coin operated;
h. A closet and separate storage space, as approved by the Development Services
Director, is required in every SRO residential hotel;
i. A cleaning supply storeroom and/or utility closet with at least one laundry tub
with hot and cold running water shall be provided on each floor of the SRO
residential hotel.
j. The SRO residential hotel shall provide interior common space at a minimum of
four (4) sq. ft. per unit. An SRO residential hotel shall provide at least 200 sq. ft.
in area of interior common space, excluding janitorial storage, laundry facilities,
and common hallways.
The planning commission or development services director shall deny an application for a
SRO residential hotel hereunder where the information submitted by the applicant
(JJ)Residential Development in Downtown District Amenity Zone (DDAZ).
A. Purpose. The purpose of the restrictions is to ensure that a minimum amount of
active commercial or service uses are building within the DDAZ. This is intended
to create a vibrant environment with restaurants, shops, services and other active
uses that create downtown foot-traffic and activity. To accomplish the type of
environment desired it is necessary to limit the amount and configuration of
residential development.
B. Standards. Residential development shall only be permitted within the Downtown
District Mixed-Use designation as follows:
1. A minimum of fifty percent of the total building square footage shall be used
for non-residential purposes, unless at least seventy-five percent of the
ground floor building square footage is utilized for active retail or service
uses, then the percentage of building square footage used for residential
purposes may increase.
2. Parking structures do not qualify as building square footage for the purposes
of the fifty percent calculation.
3. The number of residential units shall not exceed the maximum permitted
within the zoning district prior to the application of any density bonus
provision.
W17.08.070. Residential Conversion to Non-Residential Uses.
A. The conversion of a residential use to a non-residential use shall be allowed upon the
issuance of a zoning compliance approval. The proposed use shall be consistent with the
underlying zoning district and general plan land use designation(s) for the site, or the
designation(s) for the site must be amended to permit the intended the use. In reviewing
an application for a conversion the planning and community development director shall
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consider the potential impacts of the conversion, on surrounding properties and may
impose any conditions necessary to mitigate those impacts.
B. Further, the city council may only approve an amendment to the zoning map or zoning
regulations if adequate and available sites remain (refer to the Quantified Housing
Objectives in the city's housing element of the general plan) to mitigate the loss of
residential density on the subject property to accommodate the city's "Fair Share"
regional housing needs used by the State Department of Housing and Development in
determining compliance with Housing Element Law pursuant to Government Code
Section 65863(b).
(HH)17.08.080 Condominium Conversions.
1A. Purpose. Condominium ownership of property creates a unique distribution and/or
aggregation of property rights and responsibilities among a number of persons, which
is not inherent in other types of property ownership. This section provides
condominium development standards that are consistent with the City of Rohnert Park
General Plan and the requirements of the Subdivision Map Act, to insure that a
diminution of property rights and responsibilities does not occur. Accordingly the
purpose of this chapter is to:
a1. Establish criteria for the conversion of existing multiple family rental housing to
condominiums, community apartments, stock cooperatives, and any similar
subdivision;
b2. Reduce the impact of such conversions on residents in rental housing who may be
required to relocate due to the conversion of apartments to condominiums;
c3. Assure that purchasers of converted housing have been properly informed of the
physical condition of the structure being offered for purchase;
d4. Ensure that converted housing achieves a high degree of appearance, quality, and
safety and is consistent with the goals of the city;
e5. Provide a reasonable balance of ownership and rental housing in the city and a
variety of choices of tenure, type, price and location of housing;
f6. Maintain a supply of rental housing for low and moderate income persons; and
g7. Ensure that the conversion of rental housing incorporates affordability
opportunities for families of low and moderate-income households.
2B. Application Submittal Requirements and Procedures. Application for conversion of
any rental housing to condominiums, community apartments, and stock cooperatives
shall only be accepted for review and processing when no rental shortage exists and
when such application includes all materials listed below. A rental shortage shall be
deemed to exist when the citywide vacancy rate is five percent or less as determined by
a qualified professional and using the average of the past four quarters from a vacancy
trend report for local rental markets.
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a1. General. All application submittal requirements and procedures as set forth by
Title 16 of this code shall be applicable to this section. Application submittal
requirements are due at tentative map application in accordance with Title 16.
b2. Physical Elements Report. A report shall be prepared by a California registered
civil or structural engineer or California licensed architect describing the physical
elements of all structures and facilities and shall include, but not be limited to, the
following:
(1)a. A report detailing the structural condition of all elements of the property,
including foundations, electrical, plumbing, utilities, walls, roofs, ceilings,
windows, recreational facilities, sound transmission of each building,
mechanical equipment, parking facilities and appliances. The report shall
state, to the best knowledge or estimate of the applicant and based on
existing documentation (e.g., building permit records), when such element
was built; the condition of each element; when such element was replaced;
the approximate date upon which such element will require replacement; the
cost of replacing such element; and any variation of the physical condition of
such element from the current zoning and from the city housing code and
city building code in effect on the date that the last building permit was
issued for the subject structure. The report shall identify any defective or
unsafe elements and set forth the proposed corrective measures to be
employed.
(2)b A report from a licensed structural pest control operator, approved by the
city, on each structure and each unit within the structure.
(3)c A report on soil and geological conditions regarding soil deposits, rock
formations, faults, groundwater, and landslides in the vicinity of the project
and a statement regarding any known evidence of soil problems relating to
the structures. Reference shall be made to any previous soils reports for the
site and a copy of each submitted with such report.
(4)d A statement of necessary repairs and improvements to be made by the
subdivider to refurbish and restore the project to achieve a high degree of
appearance and safety.
c3. Development Plan. The plan shall include the following information:
(1)a. Locations, height, gross floor area, and proposed uses for each existing
structure to remain and for each proposed new structure. The new and
existing elements, features, and structures shall be clearly differentiated on
the development plan;
(2)b. The location and size of parking facilities to be used in conjunction with each
condominium unit and any applicable guest parking;
(3)c. Location and type of surfacing for all driveways, pedestrian ways, vehicle
parking areas, and curb cuts;
(4)d. Location, height, and type of material for existing and proposed walls and
fences;
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(5)e. Location of all landscaped areas, types of landscaping and statement
specifying the method of maintenance to be used;
(6)f. The location and description of recreational facilities and a statement
specifying method of maintenance;
(7)g. A lighting plan;
(8)h. Location, type and size of all sewer, water and storm drains, drainage pipes
and structures depicted or described to the nearest public drain or
watercourse;
(9)i. Location and type of the nearest fire hydrant;
(10)j. Location, type and size of all on-site and adjacent street overhead utility
lines;
(11)k. Existing and proposed exterior elevations;
(12)l. Any other information required by the department.
d4. Organizational Documents.
(1)a. Documents establishing a Homeowner's Association;
(2)b. A summary of proposed management, occupancy and maintenance
requirements and responsibilities, of individual owners and the Homeowner's
Association;
(3)c. A statement identifying the units to be designated as inclusionary units
available to low and moderate-income households as required by subsection
(N)(10) of this section, which shall also be contained in a recorded
document;
(4)d. A declaration of covenants, conditions and restrictions which would be
applied on behalf of any and all owners of condominium units within the
project. The declaration shall include but not be limited to the conveyance of
units; the assignment of parking; an agreement for common area
maintenance, such as parking facilities and landscaping, together with an
estimate of any initial assessment fees anticipated for such maintenance;
description of a provision for maintenance of all vehicular access areas
within the project; an indication of appropriate responsibilities for
maintenance of all utility lines and services for each unit; and a plan for the
equitable sharing of any communal water metering;
(5)e. A maintenance plan which clearly specifies methods and standards for
performance of common responsibilities and maintenance for all common
areas including, but not limited to, recreational facilities, parking facilities,
vehicular access areas, common refuse collection and an indication of
appropriate responsibilities for maintenance of all utility lines and services
for each unit. If applicable, maintenance of all building exteriors will also be
outlined in the maintenance plan. The maintenance plan shall assign
responsibilities and provide assurances that the premises will be kept free
from trash and debris and include a list of equipment and fees to be assessed
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for such purposes. The maintenance plan shall include the establishment of a
contingency fund for major repairs and extraordinary expenses;
e.5 Demographic Information. Specific information concerning the demographic
characteristics of the project, including but not limited to the following:
(1)a. Square footage and number of rooms in each unit;
(2)b. Rental rate history for each type of unit for the previous five years;
(3)c. Monthly vacancy rate for each month during the preceding five years;
(4)d. Makeup of existing tenant households, including family size, length of
residence, age of tenants, and any federal or state rent subsidies received;
(5)e. Documentation prepared by the Sonoma County Public Housing Authority
that shows the number of families currently on a waiting list for Section 8
Housing;
(6)f. Proposed sale price of units;
(7)g. Proposed Homeowners' Association fee;
(8)h. Financing available for the purchase of the units; and
(9)i Names and addresses of all tenants. When the subdivider can demonstrate
that such information is not available, the requirements of this subsection
may be modified by the planning department.
f6. Vacancy Rates. The applicant shall submit a recent survey of rental housing
located within the city of Rohnert Park that shows the current vacancy rate for the
city. The survey shall be performed by a qualified professional as determined by
the city and shall utilize a method approved by the city prior to it being conducted.
The survey shall include a representative sample of all rental housing of five or
more units.
g7. Notice of Intent to Convert. Signed copies from each tenant of the notice of intent
to convert, as specified in subsection (HH)(7) of this section. The subdivider shall
submit evidence that a letter of notification was sent to each tenant for whom a
signed copy of such notice is not submitted. This requirement shall be deemed
satisfied if such notices comply with the legal requirements for service by mail.
h8. Any other information which, in the opinion of the planning department, will
assist in determining whether the proposed project will be consistent with the
purposes of this chapter.
3C. Additional Requirements and Procedures.
a1. Acceptance of Reports. The final form of the physical elements report and other
documents shall be as approved by the city. The reports in their acceptable form
shall remain on file with the planning department for review by any interested
persons and shall be referenced in the planning commission staff report for each
project.
b2. Submittal of Budget. Prior to final map approval, the subdivider shall provide the
city with a copy of the proposed budget for maintenance and operation of
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common facilities including needed reserves. The budget shall show estimated
monthly costs to the owner of each unit, projected over a five year period, or such
time as is required by the department of real estate. Such budget shall be prepared
or reviewed and analyzed by a professional management firm, experienced with
management of con-dominium complexes. The management firm shall submit a
statement of professional qualifications.
c3. Copy to Buyers. The subdivider shall provide each purchaser with a copy of all
submittals (in their final, acceptable form) required by under this section prior to
such purchaser executing any purchase agreement or other contract to purchase a
unit in the project, and such developer shall give the purchaser sufficient time to
review such information. Copies of the submittals shall be made available at all
times at the sales office and shall be posted at various locations, as approved by
the city, at the project site. Copies shall be provided to the Homeowners'
Association upon its formation.
d4. Notice to Tenants and Prospective Tenants. Before tentative map approval, the
planning commission shall hold a public hearing. In addition to all other notices
required by the Subdivision Map Act and this title, the subdivider shall give notice
prior to filing the tentative map to prospective tenants and tenants in the manner
provided by Government Code Sections 66452.8 and 66452.9.
4D. Sales Information Submitted for Affordable Units. As a condition of tentative map
approval, the subdivider shall record a requirement against the title of the property that
requires the current property owner of each unit to submit the following information to
the planning department prior to the close of escrow, to:
a1. Actual sale price of unit;
b2. Whether prior tenants purchased units;
c3. Whether unit were purchased with intent to be used as rentals; and
d4. That affordable units shall comply with the affordability requirements of the
inclusionary housing requirements contained in subsection N of this section.
5E. Inspection and Fees. The developer shall deposit money into a fund which is
administered by the building official. The funds shall be adequate to cover the costs
associated with hiring a professional who shall perform an inspection and develop a list
of deficient conditions that may exist by reason of noncompliance with this code, and
to have the deficient items refurbished and restored in accordance with specific
physical standards identified under subsection (HH)(6) of this section. The premises to
be inspected include structures, common areas, site improvements, public
improvements and other related facilities. In addition, the following requirements shall
be met:
a1. Before submitting the final map, the owner shall request that an inspection of the
premises be made by the city for conformance with subsection (HH)(6) of this
section.
b2. A project inspection shall be made by the appropriate city representatives and/or
their designees. A deficiency list shall be compiled during the inspection of all
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corrections required to conform to the requirements of this section and any other
applicable code requirements.
c3. When the final inspection is complete, a copy of the deficiency list shall be
transmitted to the subdivider. All deficiencies must be corrected to the satisfaction
of the city before filing of the final map or parcel map. When plans for corrective
work are required, they shall be as approved by the appropriate city representative
listed above before filing of the final map or parcel map.
d4. The city shall charge the usual fees, if applicable, or an hourly fee (estimated
actual hourly cost to the city) for the inspection and processing. The owner shall
post a cash deposit in an amount equal to the estimated cost of inspection. The
deposit will be applied towards the inspection fee with any refund or balance to be
resolved before the approval of the tentative map by the city. Any balance due
shall be paid before approval of the final map by the city.
6F. Specific Physical Standards. As a condition of tentative map approval, the subdivider
shall demonstrate conformance with Chapter 17.12, Performance Standards, of the
Rohnert Park Municipal Code as well as the following physical standards.
a1. Building Regulations. The project shall conform to the applicable standards of the
California Building Standards Code - Title 24 in effect on the date that the
original building permit was issued for the subject structure or structures except as
herein provided.
b2. Health and Safety.
(1)a. Ground Fault Circuit Interrupters. All receptacle outlets serving bathrooms,
kitchen counters, garages, carports and other exterior locations shall be
ground fault circuit interrupter protected as required by the current edition of
the California Electrical Code.
(2)b. Seismic Retrofit. "Soft story" buildings, as defined in the Health and Safety
Code, shall be seismically retrofitted per the standards contained therein, or
as required by local ordinance.
c3. Fire Prevention.
(1)a. Smoke Detectors. Each living unit shall be provided with approved smoke
detectors in type and quantity conforming to Title 24 of the latest California
Building Standards Code.
(2)b. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm
systems, portable fire extinguishers, and other fire protective appliances shall
be upgraded and maintained and certified as required by current applicable
NFPA standards.
(3)c. Fire Sprinkler System. Fire sprinkler systems shall be installed in compliance
with current NFPA standards.
(4)d. Fire Walls. Dwelling units shall be protected by a one-hour dwelling unit
separation. Attic fire stops shall be installed in accessible attics as required
by the current Title 24 California Building Standards Code.
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d4. Sound Transmission.
(1)a. Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment such as motors, compressors, pumps, and compactors which are
determined to be a source of structural vibration or structure-borne noise
shall be shock mounted with inertia blocks or bases and/or vibration
isolators.
(2)b. Noise Standards. The structure shall conform to all interior and exterior
sound transmission standards of the California Building Standards Code
Title 24 and Section 17.12.030 of this title. In such cases where present
standards cannot reasonably be met, the planning commission may require
the applicant to notify potential buyers of the noise deficiency currently
existing within these units.
e5. Utility Metering. Each dwelling unit shall be separately metered for gas and
electricity. A plan for equitable sharing of any communal water metering shall be
developed prior to final map approval and included in the covenants, conditions
and restrictions. The planning commission may modify this standard where the
subdivider can demonstrate that this standard cannot reasonably be met.
f6. Private Storage Space. Each unit shall have at least two hundred cubic feet of
enclosed weather-proofed and lockable private storage space in addition to guest,
linen, pantry, and clothes closets customarily provided. Such space may be
provided in any location approved by the planning department, but shall not be
divided into two or more locations. In such cases where the subdivider can
demonstrate that this standard cannot or should not reasonably be met, this
standard may be modified by the planning commission.
g7. Laundry Facilities. A laundry area shall be provided in each unit; or if common
laundry areas are provided, such facilities shall consist of not less than one
automatic washer and one dryer of equivalent capacity for every five units of
three or more bedrooms; every seven two-bedroom units, and every ten one-
bedroom units. In such cases where the subdivider can demonstrate that this
standard cannot or should not reasonably be met, this standard may be modified
by the planning commission.
h8. Landscape Maintenance. All landscaping shall be restored as necessary and
maintained to achieve a high degree of appearance and quality. The landscape
standards required under Section 17.14.070 of this title shall apply if a significant
amount of new landscaping is required to achieve the above goal.
i9. Condition of Equipment and Appliances. The developer shall provide a warranty
to the buyer of each unit at the close of escrow that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks and air conditioners that are
provided have a useful life of one year. At such time as the Homeowners'
Association takes over management of the development, the developer shall
provide a warranty to the Association that any pool and pool equipment (filter,
pumps, chlorinator) and any appliances and mechanical equipment to be owned in
common by the Association have a useful life of one year.
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j10. Refurbishing and Restoration. All main buildings, structures, fences, patio
enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas,
and additional elements shall be refurbished and restored as required by the
planning department. Design changes shall be subject to site and architectural
review in accordance with Section 17.25.030 of this title.
k11. Long Term Reserves. Prior to approval of the final map, the developer shall
provide evidence to the city that a long-term reserve fund for replacement has
been established in the name of the Homeowners' Association. Such fund shall
equal two times the estimated monthly homeowner's assessment for each dwelling
unit.
7G. Tenant Provisions.
a1. Notice of Intent. As required by Government Code 66427.1(a), a notice of intent
to convert shall be delivered by the subdivider to each tenant at least sixty days
prior to filing of the tentative map, in a form compliant with Government Code
Section 66452.9.
b2. Notice of Public Report. As provided in Government Code Section 66427.1(a),
each tenant shall receive ten days' written notice that an application for a public
report will be or has been submitted to the Department of Real Estate, and that
such report will be available on request.
c3. Notice of Final Map Approval. As provided in Government. Code Section
66427.1(b), each tenant shall receive written notification within ten days of
approval of a final map for the proposed conversion.
d4. Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d),
any present tenant shall be given notice of an exclusive right to contract for the
purchase of his or her respective unit upon the same terms and conditions that
such unit will be initially offered to the general public or terms more favorable to
the tenant. The right shall run for a period of not less than ninety days from the
date of issuance of the subdivision public report unless the tenant gives prior
written notice of his or her intention not to exercise the right. Evidence of receipt
by each tenant shall be submitted to the city prior to approval of the final map.
e5. Vacation of Units. Each tenant not in default under the obligations of the rental
agreement or lease for his/her unit shall be given one hundred eighty days' written
notice of intention to convert his or her unit prior to termination of tenancy. The
subdivider shall notify each tenant immediately prior to the time of final map
approval of the anticipated date required to vacate the unit and when the one
hundred eighty day period will begin. Evidence of receipt by each tenant shall be
submitted prior to approval of the final map.
f6. Notice to New Tenants. Beginning at a date not less than sixty days prior to the
filing of the tentative map, the subdivider or his or her agent shall give notice of
such filing in the form outlined in Government Code 66452.8(b) to each person
applying after such date for rental of a unit prior to acceptance of any rent or
deposit. If the subdivider or his or her agent fails to give notice pursuant to this
section, he or she shall pay to each prospective tenant who becomes a tenant and
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who was entitled to such notice and who does not purchase his or her unit, an
amount equal to two times monthly rent for moving expenses.
g7. Senior Citizens. At the time of final map approval, all tenant households resident
at the time a completed tentative map application was accepted by the planning
department in which the head of household or spouse is age sixty or older shall be
offered a lifetime lease. Annual rent increases shall not exceed seventy-five
percent of the latest annual average percentage increase of the Residential Rent
Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants
shall be informed of the change in this index at the time rent increases are
imposed. Starting rents shall be the rent at the time of tentative map application.
Lease forms shall be submitted to the planning department for review prior to
final map approval.
h8. Low-and-Moderate Income Tenants. At the time of final map approval, all tenant
households resident upon acceptance by the city of a completed tentative map
application, which meet the income limits of the HUD Section 8 program will be
considered low- and moderate-income households and shall be offered at a
minimum a three-year lease. Annual rent increases shall not exceed seventy-five
percent of the latest annual average percentage increase of the Residential Rent
Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants
shall be informed of the change in this index at the time rent increases are
imposed. Starting rents shall be the rent at the time of tentative map application.
Lease forms shall be submitted to the planning department for review prior to
final map approval.
8H. Effect of Proposed Conversion on the City's Low- and Moderate-Income Housing
Supply. The conversion of rental housing into for-sale housing will change the
availability of a level of affordable housing to certain income groups, therefore it is
imperative that such conversions be subject to the inclusionary housing requirements
of subsection N of this section.
9I. Findings. In approving an application for a condominium conversion the planning
commission shall make each of the following findings:
a1. All provisions of this article are met;
b2. The proposed conversion is consistent with the objectives, policies, general land
uses and programs specified in the city of Rohnert Park general plan inclusive of
the general plan housing element, along with applicable specific plans;
c3. The proposed conversion will conform to the Rohnert Park Municipal Code in
effect at the time of tentative map approval, including, but not limited to,
inclusionary housing requirements and parking standards, except as otherwise
provided in this article;
d4. The overall design and physical condition of the condominium conversion
achieves a high degree of appearance, quality and safety;
e5. The proposed project will not result in a shortage of rental housing within the city;
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f6. The proposed conversion will result in an increase in lower-cost home ownership
opportunities within the city;
g7. Vacancies in the project have not been intentionally increased for the purpose of
preparing the project for conversion;
h8. The conversion will not be detrimental to the retention of housing stock serving
low and moderate income residents or will not reduce or significantly alter the
opportunity within the city for the housing of young and elderly citizens; and
i9. The project satisfies the requirements of Government Code Section 66427.1—
Tenant Notification requirements.
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Municipal Code Section 17.10.060 - Accessory structures, shall be amended as follows:
A. For Accessory Dwelling Units, see RPMC 17.07.020(X). For the purposes of this section, an
accessory structure does not include an accessory dwelling unit or junior accessory dwelling unit
Section 17.10.070(C) shall be repealed as follows:
C. Addition of Bedrooms to R-L District Parcels. For the addition or creation of a sixth
bedroom on a parcel in the R-L District, an administrative permit shall be required in
accordance with Section 17.25.050 of this title.
1. For the addition or creation of any bedroom in excess of six bedrooms, an
administrative permit shall also be required.
2. Any approval under this subsection shall include the requirement that for each
additional bedroom, one additional off-street non-tandem parking space to be
located in the front yard or street side yard shall be required. In no case shall said
additional space(s) cause more than forty percent of a lot's front yard to be
devoted to parking.
3. The addition or creation of any bedroom and additional off-street parking space(s)
required by this subsection shall otherwise comply with all applicable provisions
of this title.
4. Under this subsection, "bedroom" shall mean any habitable space in a dwelling
unit other than a kitchen or living room that is intended for or capable of being
used for sleeping with a door that closes the room off from other common space
such as living and kitchen areas that is at least seventy square feet in area,
exclusive of closets and other appurtenant space, and meets building code
standards for egress, light and ventilation. A room identified as a den, library, loft,
dining room, study, office, or other extra room that satisfies this definition will be
considered a bedroom for the purposes of applying this requirement. For the
purposes of this subsection, the creation or existence of a bedroom within a
permitted accessory dwelling unit shall not count towards the six bedroom
calculation set forth in this subsection.
17.14.110, Single-Family Residential Front Yard Standards, shall be added as follows:
17.14.110 – Single-Family Residential Front Yard Standards
Single-family residential front yard paving shall not exceed fifty percent of the total front yard
area.
Chapter 17.16 – OFF-STREET PARKING REQUIREMENTS shall be amended as follows:
17.16.030(A) - Residential Uses
Parking spaces shall be provided for land uses and activities in accord with the following tables.
If, in the application of the requirements of this table to a given land use or activity a fractional
number is obtained, one parking space shall be required for a fraction of one-half or more, and
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no space or berth shall be required for a fraction of less than one-half.
A. Residential Uses.
Land Use Required Off-Street Parking (Spaces)
Convalescent Home 1 per 3 patient beds
Day Care, Residential 1 per assistant (driveway acceptable)
Mobile Home Park 1.5 spaces per unit, one of which must be
covered
Multi-Family Residential 1 space per studio or 1 bedroom unit; 2 spaces
per 2 bedroom unit; 2.5 spaces per 3 bedroom
unit; plus 1 additional space per bedroom for
units ≥ 4 bedrooms and 1 guest parking space
for every 4 units.
Off-Campus Student Housing .75 spaces per bedroom unit or occupant,
whichever is greater
Residential Care Facility 1 per 500 square feet of gross floor area
Senior Housing 1 covered space per unit, plus 1 space per 4
units for guest parking
Single-Family Residential (Attached) 2 spaces per unit, one of which must be
covered, plus 1 space per 4 units for guest
parking
Single-Family Residential (Detached) 2 spaces per unit in a garage (See Section
17.10.070.C for off-street parking requirements
when adding or creating additional bedrooms)
17.16.040 - Parking exemptions
E. Parking reductions are allowed, at the discretion of the director of development services, if
the parking reductions are consistent with a parking study. The study must be prepared by a
professional traffic engineer and demonstrate that the parking reduction would be sufficient for
the uses it serves and would not cause a negative impact on circulation or safety.
17.16.050 Space dimensions.
A. Except as otherwise specified in subsections B, C, D, and E below, required dimensions for
parking stalls within commercial, industrial and multi-family residential parking lots are
indicated in the table on the next page and depicted in the parking diagram on the next page.
Minimum Parking Dimensions for Standard-Sized Parking Spaces For Commercial,
Industrial and Multi-Family Residential Parking Lots (in feet)
Parking
Angle
(PA)
Minimum Stall Dimensions Minimum Aisle Widths (A)
Width (W) Depth (D) Length (L) One-Way Two-Way
Parallel 9.0 - 22.0 12.0 24.0
30 Degrees 9.0 17.5 18.0 12.0 -
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45 Degrees 9.0 20.0 12.7 14.0 -
60 Degrees 9.0 21.0 10.4 15.0 20.0
90 Degrees 9.0 19.0 9.0 26.0 26.0
90 Degrees 9.5 19.0 9.5 25.0 25.0
90 Degrees 10.0 19.0 10.0 24.0 24.0
Parking Diagram
B. Required single-family residential parking.
1. The size of all stalls and required clearance shall also comply with the California
Administrative Code, Title 24, Part 2.
2. Stalls not located within a garage shall be a minimum of eight feet in width and
eighteen feet in length. Stalls must be paved with a solid surface such as concrete,
asphalt, or pavers.
3. Stalls located within a garage shall be a minimum of ten feet in width and twenty feet
in length, with a vertical clearance of seventy-six inches.
CB. Compact spaces. In office and industrial developments up to twenty-five percent of the
required parking may be made up of compact spaces. In commercial retail uses up to ten
percent of the required parking may be made up of compact spaces. Compact spaces shall
be a minimum of eight feet in width and sixteen feet in length ninety degree configuration
and shall be clearly marked and located throughout the site so as to not be clustered in one
area. For parking located in a garage, see subsection E below.
DC. For shopping center uses, the majority of the required parking spaces shall be situated
within easy access of the entrances of the buildings they are intended to serve.
ED. Each parking space adjoining and parallel to a wall, column, or other obstruction greater
than six inches in height shall be increased by three feet on the obstructed door side.
17.16.080 Design standards Standards for residential garagesparking.
A. The following parking standards apply to multifamily and carportsmixed-use development.
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A1. Parking spaces must comply with the dimensions in RPMC 17.16.050(A).
2. The exterior design of a garage or carport must be architecturally compatible with
the main building.
B. Carports shall be designed and located so that they are not readily visible from a
street and shall be architecturally compatible with the main building. See Section
17.10.060 for development standards.
C.3. Tandem parking arrangements for required parking spaces may be allowed in the
Mixed Use Residential (M-U) District as approved by the planning
anddevelopment services / community development director with a finding that
the tandem spaces result in a more efficient site plan or are necessary to
accommodate affordable housing.
D4. All parking areas shall be of a durable surface approved by the city engineer.
E5. Residential front yard paving reserved for parking shall not exceed fifty percent of
the total front yard area.
F6. Vehicles shall not be parked on any sidewalk, parkway, driveway aisles, or
planting area.
B. The following parking standards apply to single-family development.
1. Stalls located within a garage shall be a minimum of ten feet in width and twenty
feet in length, with a vertical floor to ceiling clearance of seventy-six inches
2. Parking spaces not located within a garage shall be a minimum of eight feet in
width and eighteen feet in length. Parking spaces must be paved with a solid
surface such as concrete, asphalt, or pavers or other similar surface.
3. Tandem parking arrangements for required parking spaces may be allowed on a
single-family parcel approved by the development services/community
development director with a finding that the tandem spaces result in a more
efficient site plan or are necessary to accommodate accessory dwelling units,
affordable housing or other state-mandated housing type.
4. All parking areas shall be of a durable surface approved by the city engineer.
5. Residential front yard paving reserved for parking shall not exceed fifty percent of
the total front yard area.
6. Vehicles shall not be parked on any sidewalk, parkway, or planting area.
17.16.140 - Bicycle parking.
A. Bicycle parking spaces shall be provided in all districts as required by this section. Bicycle
parking facilities shall be provided for any new building, addition or enlargement of an
existing building, or for any change in the occupancy of any existing building that results in
the need for additional auto parking facilities consistent with the parking standards required
by Chapter 17.16.
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B. Bike spaces required. Bicycle parking facilities shall be provided in accordance with the
following schedule, with fractional requirements for bike parking over one-half to be
rounded up:
1. Office uses: One bicycle parking space for every ten off-street vehicle parking spaces
required, but no less than two spaces shall be provided.
2. Commercial, retail, wholesale, and industrial uses: One bicycle parking space for every
fifteen off-street vehicle parking spaces required, but no less than two spaces shall be
provided.
3. Restaurant: One bicycle parking space for every twenty-five off-street vehicle parking
spaces required, but no less than two spaces shall be provided.
4. Fast food restaurant: Five bicycle parking spaces per establishment.
5. Multi-family residentialResidential: One bicycle parking space for every fourper
dwelling units.
C. Location and design of facilities.
1. Each bicycle parking space shall be no less than six feet long by two feet wide and shall
have a bicycle rack or other device constructed so as to enable the user to secure by
locking the frame and one wheel of each bicycle parked therein.
2. Bicycle racks shall not be placed close enough to a wall or other obstruction so as to
make use difficult. There must be a sufficient space (at least twenty-four inches) beside
each parked bike that allows access; adjacent bicycles may share this access.
3. An aisle or other space shall be provided for bicycles to enter and leave the facility. This
aisle shall have a width of at least six feet to the front or rear of a bike parked in the
facility.
4. Racks must be easily useable with both U-locks and cable locks. Racks should support
the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down.
Racks that support a bike primarily by a wheel such as standard wire racks are damaging
to wheels and thus are not acceptable.
5. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be
easily removed and shall be of sufficient strength to resist vandalism and theft.
6. Bicycle parking spaces shall be located near the entrances to major tenants but shall be
out of the traffic lanes and shall not impede walkways.
7. Bicycle parking facilities shall be incorporated whenever possible into the building
design and street furniture so as to be harmonious with their environment in both design
and color.
8. Bicycle parking shall be located in highly visible, well lighted areas to minimize theft and
vandalism.
9. Bicycle parking facilities within auto parking areas shall be separated by a physical
barrier (e.g., curbs, wheel stops, poles or similar features) to protect bicycles from
damage by cars.
D. Variations to requirements.
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1. Where the provisions of bicycle parking is physically not feasible the requirements may
be waived or reduced to a feasible level by the planning and community development
director.
2. Residential bicycle parking spaces may be provided within a lockable garage or bicycle
storage room reserved for use by residents of a single dwelling unit. In this case, no
bicycle rack or similar device shall be required.
Article III. Site Plan and Architectural Review shall be amended to read as follows:
17.25.030 Purpose.
The regulations contained in this section are intended to:
A. Establish procedures for the approval, conditional approval, or disapproval of designs for
new or modified site plans, structures, and signs when required by this chapter; and
B. Establish findings to allow for the approval of projects that would be complementary to
and harmonious with developments on adjacent properties and in the surrounding area.
C. Prohibit ugly, inharmonious, and monotonous designs while encouraging originality in
architecture, site design, and landscape design.
17.25.031 Applicability.
A. Planning commission review of site and architectural plans shall be required for the
following uses and/or structures:
1. Any new site plan or building proposed in a residential district that is greater than
one hundred twenty-eight square feet in size, except for single-family homes that
are consistent with the architecture and design standards of the surrounding area
as determined by the planning and community development director;
2. Any new site plan or building proposed in a commercial district that is greater
than two hundred fifty square feet in size and which would be visible from the
public right-of-way;
3. Any new site plan or building proposed in an industrial district that is greater than
five hundred square feet in size and which would be visible from the public right-
of-way; and
4. An existing site plan or building for which exterior remodeling is proposed that
would significantly change the configuration of the site or the outward appearance
of the building.
B. The planning and community development director, or his/her designee, shall review the
application to determine the level of review required, pursuant to the provisions of this
chapter. The planning and community development director, or his/her designee, shall
review all projects under the criteria presented above to determine conformance with the
provisions of this title.
C. The planning and community development director or the city council may refer any
matter concerning aesthetic site planning or design consideration to the planning
commission for review.
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17.25.032 Application.
Applications for site plan and architectural review shall include the following:
A. The application form provided by the city, which must be signed by the property owner
or authorized agent of the property owner, the applicant, and any other party involved as
a contingent buyer or lessee.
B. The required plans and other documentation pertaining to the application, including:
1. Site plan to scale indicating the location and configuration of all buildings and
proposed uses including setbacks from property lines, parking spaces and
circulation, fencing, street improvements, fire hydrants, refuse and waste areas,
proposed grading and drainage, and other significant site features. The site plan
shall include computations on the number and types of parking spaces, amounts
of usable open space or interior yard area, and lot area coverage. Commercial and
industrial developments shall include floor area ratio (FAR) calculations, net and
gross lot area, and shall identify the square footage and location of all easements
on the project site.
2. A complete project summary including a description of all activities proposed for
the site.
3. Building floor plan(s) of sufficient clarity and scale to indicate the nature and
extent of the proposal and to illustrate in detail that it will conform to the
provisions of all relevant laws, codes, ordinances, rules, and regulations.
4. Building elevations of sufficient clarity to indicate the nature of the exterior
appearance of the proposal and its relationship to its surroundings.
C. Depending on the complexity of the application, additional materials such as presentation
illustrations, three-dimensional models, or photometric analysis may be required by the
planning department. Smaller scale projects may have certain submittal requirements
waived at the discretion of the planning and community development director or his/her
designee.
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17.25.033 Factors to consider/conditions.
A. FactorsA. For nonresidential projects, factors that shall be considered in the approval,
conditional approval or denial of a site plan and architectural review application include,
but are not limited to the following:
1. That the development's general appearance is compatible with existing
development and enhances the surrounding neighborhood;
2. That the development incorporates a variation from adjacent on-site and off-site
structures in height, bulk, and area; arrangement on the parcel; openings or breaks
in the facade facing the street; and/or the line and pitch of the roof; and
3. That the development will be located and oriented in such a manner so as to
provide pedestrian, bicycle and vehicle connections with adjacent properties, as
appropriate, and avoids indiscriminate location and orientation.
B. For projects with a residential component, the approval, conditional approval, or denial of
a site plan and architectural review application shall be made based on the following
finding:
1. That the proposed development is consistent with the objective standards and
regulations of the City’s general plan, municipal code, and any applicable specific
plan or area plan, and the objective design and development standards as included
in this code or adopted by resolution, as may be amended from time to time.
17.25.034 Decision/appeal.
A. If an application is disapproved, then no new application for the same, or substantially the
same, project shall be filed within one year of the date of the denial of the initial
application, unless the application is denied without prejudice.
B. The decision of the planning commission shall become final ten calendar days after the
decision is rendered, unless appealed to the city council as set forth in Chapter 17.25
Article XII.
C. The decision of the planning and community development director, or his/her designee,
shall become final ten calendar days after the decision is rendered, unless appealed to the
planning commission as set forth in Chapter 17.25 Article XII.
17.25.035 Lapse of approval/renewal.
A. A site plan and architectural review approval shall lapse one yeartwo years after the date
of final approval or at an alternative date specified at the time of approval, unless:
1. A building permit has been issued and construction has diligently commenced; or
2. A certificate of occupancy has been issued; or
3. The use is established; or
4. The site plan and architectural review approval is renewed in accordance with
subsection B below.
5. The project is a residential development that does not require the approval of a
tentative subdivision map, or otherwise not vested through a development
agreement with the city, then the approval shall expire after a twenty-four-month
period, unless extended for special circumstances by the city council.
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B. A site plan and architectural review approval may be renewed for an additional period of
one year, provided that prior to the expiration date, an application for renewal is filed
with the planning commission. The planning commissiondivision. The department
services director or their designee may approve an extension request or may refer the
application to the planning commission for hearing, consideration, and determination.
C. The Planning Commission shall not deny the renewal request without first holding a
public hearing and making findings supporting the reason for denial. If the planning
commissionPlanning Commission denies the renewal request, the applicant shall have ten
calendar days to appeal the decision to the city council as set forth in Chapter 17.25
Article XII.
Article IV. - Temporary Conditional Use Permit is amended as follows:
17.25.040 - Purpose.
The regulations contained in this section establish procedures for the approval, conditional
approval, or disapproval of temporary conditional use permits when required by this chapter.
17.25.041 - Application.
In applying for a temporary conditional use permit, the applicant shall submit the following to
the planning department:
A. The application form provided by the city, which must be signed by the property owner
or authorized agent of the property owner, the applicant, and any other party involved as
a contingent buyer or lessee;
B. Written authorization from the property owner that the use may take place during the
time period proposed;
C. A Five copies of a site plan showing how the proposed temporary eventuse will be
conducted on the site;, including the following, as applicable:
1. Property lines, sidewalks;
2. Existing and proposed temporary structures, off-street parking and loading
facilities;
3. Points of entry and exit for vehicles and circulation pattern;
4. Location of walls and fences;
5. Lighting standards and devices (must meet the provisions of the Electrical Code);
6. Temporary electrical hookups (must meet the provisions of the Electrical Code);
7. Existing and proposed temporary signs;
CD. An endorsement of the project applicant's insurance policy, in the amount of one million
dollars and in a form acceptable to the city attorney, naming the city of Rohnert Park as
an additional insured; and
DE. A clean-up deposit, if appropriate, to ensure that the site is returned to its prior state.;
F. Evidence that the city of Rohnert Park will be identified as the point-of-sale for all sales
conducted within the city;
G. A security plan for the use; and
Page 147 of 148
H. The name and telephone number of a twenty-four hour point of contact during the entire
period of the use.
17.25.042 - Findings/conditions.
A. The zoning administrator, or his/her designee, shall approve or conditionally approve a
temporary conditional use permit application if, on the basis of the application,
supporting materials, and comments received by other departments or agencies, it is
found:
1. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity; and
2. The proposed temporary use will comply with each of the applicable provisions of
this section.
B. The zoning administrator, or their designee, may place conditions on the temporary
conditional use permit to mitigate any possible impacts identified during review of the
application to achieve the general purposes of this section and the specific purposes of the
land use district in which the temporary use will be located to:
1. Ensure operation and maintenance of the temporary use in a manner compatible
with existing uses in the surrounding area;
2. Provide adequate access and parking; and
3. Ensure that lighting and temporary signage meet the provisions of this chapter.
17.25.043 - Decision/appeal.
A. The planning and community development director or his/hertheir designee, shall review
the application and shall forward it to other departments and agencies that may have an
interest in the proposal.
B. If an application is disapproved, then no new application for the same, or substantially the
same, use shall be filed within one year of the date of the denial of the initial application,
unless the application is denied without prejudice.
C. The decision of the planning and community development director shall become final ten
calendar days after the decision is rendered, unless appealed to the planning commission
as set forth in Chapter 17.25 Article XII.
17.25.044 - Periodic temporary events.
For temporary uses that will be conducted more than once during a twelve month period, the
project proponent may be required to apply for conditional use permit pursuant to Article I of
this chapter.
17.25.045 – Temporary Construction Buildings and Uses.
Page 148 of 148
Temporary buildings and uses for construction purposes may be permitted for periods not
exceeding one year, and may be extended for up to one year, provided a temporary permit and a
building permit shall first be secured and the building official has provided for the subsequent
removal thereof.
Chapter 17.25, Article XV is added as follows:
ARTICLE XV. – By Right Approval
17.25.149 – State Law By Right Approval Requirements
A Purpose. The purpose of these approval requirements is to implement State Government
Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i).
B. Applicability. This section applies to properties that are required to be allowed with by
right approval pursuant to Government Code sections 65583.2(h) and 65583.2(i), as may
be amended from time to time. Specifically, it applies to housing development projects
on sites identified in the adopted housing element inventory to meet the lower-income
Regional Housing Needs Allocation (RHNA), if at least 20% of units are affordable to
lower income households and at least one of the following situations apply:
1. The site is nonvacant and was also identified in one previous housing element
inventory.
2. The site is vacant and was also identified in two previous consecutive housing
element inventories.
3. The site was identified within a program to rezone sufficient sites in order to
demonstrate an adequate inventory of sites to meet its lower-income Regional
Housing Needs Allocation (RHNA).
C. Approval Requirements. By-right or ministerial approval (without discretionary action) is
required for sites identified in Section 17.25.149(B) that meet all of the requirements of
Government Code 65583.2(i), provided that the project conforms with the objective
development standards identified in this Code, the underlying zoning district, and any
other regulations in this Title, unless modified by this section.
1
City of Rohnert Park
Planning Commission Report
Meeting Date: November 13, 2025
Item No: 7.2
Prepared by: Krystle Rizzi, Planning Consultant
Agenda Title: Consider a recommendation to the City Council to amend the zoning district on
multiple properties at 5435 Snyder Lane from Commercial Office to High
Density Residential consistent with the 2023-2031 Housing Element Adequate Sites Program (CEQA: Statutory Exemption under Public Resources Code Section 21080.085(a))
Location: 5435 Snyder Lane, consisting of nine underlying properties at the southwest
corner of Snyder Lane and Camino Corto
GP/Zoning: High Density Residential/Commercial Office
Owner: Cross and Crown Lutheran Church of Rohnert Park
RECOMMENDED ACTION: Adopt a resolution that recommends the City Council approve an
ordinance that would rezone the subject properties at 5435 Snyder Lane from the Commercial Office
(C-O) Zoning District to the High Density Residential (R-H) Zoning District.
BACKGROUND: The project site is owned by Cross and Crown Lutheran Church of Rohnert Park
and is comprised of nine total parcels (APNs 158-320-001 to -006 and 158-320-009 to -011) totaling
1.19 acres. Current development on the project site includes three small buildings occupied by a
dentist, childcare facility, and food pantry. The remainder of the site includes circulation
improvements, ornamental landscaping, and undeveloped areas. As part of the General Plan outreach
process in 2019, the property owner submitted a land use change request to the City to consider
designating the above-referenced APNs for high density residential. Redesignation of the site was
considered as part of the General Plan 2040 study sessions, selected for rezoning, and ultimately the
site was included in the Housing Element to accommodate housing for low income and very low
income households. In addition, the site’s General Plan land use designation was amended to High
Density Residential on January 24, 2023, when the Housing Element was adopted. Therefore, this
2
rezoning request is being processed in accordance with the adopted Housing Element and to ensure
consistency with the General Plan. It should be noted that there are three additional parcels (158-320-
007; -008; and -012) that are not part of the 2023-2031 Housing Element Adequate Sites Program, but
that were redesignated to High Density Residential. Rezoning of these APNs is not included as part of
this action, and is anticipated to occur later. Surrounding land uses, as shown on Figure 1 – Vicinity
Map, include:
North: Multi-family housing across Camino Corto
East: Rancho Cotati High School across Snyder Lane
South: Crown and Cross Church and School; multi-tenant commercial retail center across
Southwest Boulevard
West: Multi-family housing
Figure 1 - Vicinity Map1
1 Project site excludes APNs 158-320-007, 158-320-008; and 158-320-012, which are shown in this image for simplicity. See Exhibit A of Attachment 1 for exact rezoning boundaries.
3
Figures 2 and 3 respectively show the surrounding General Plan Designations and Zoning Districts.
Immediately adjacent General Plan Designations and Zoning Districts are:
North East South West
General
Plan
High Density
Residential
Public Institutional Public Institutional High Density
Residential
Zoning High Density
Residential
Public Institutional Public Institutional High Density
Residential
Figure 2 – Surrounding General Plan Land Use Designations
Figure 3 – Surrounding Zoning Districts
PROJECT SITE
PROJECT SITE
4
At the same time as the 2023-2031 Housing Element adoption, the project site’s General Plan
Designation was changed from C-O to R-H (maximum 24 dwelling units/acre) consistent with the
Housing Element’s Adequate Sites Program. The program identifies sites that can be established to
produce housing and requires rezoning of three sites (see Figure 4). The project site is one of the three
sites required to be rezoned and is listed as Rezoning Site #10 in the Housing Element. The Housing
Element anticipated that the project site could likely be developed to its maximum theoretical housing
density of 28 residential units based on property owner interest and local development trends. The
units for future development are expected to be offered at lower-income levels (14 low-income units,
14 very low-income units). To realize all anticipated 28 lower-income dwelling units, the Zoning
District will need to be rezoned to R-H to be consistent with the General Plan Designation of R-H.
Figure 4 – Map of Housing Element Rezoning Sites
PROJECT DESCRIPTION: The project proposes to rezone the project site from the C-O Zoning
District to the R-H Zoning District. No other actions are currently requested, and no development
project is currently proposed. The intent of the rezoning is to achieve consistency with the General
5
Plan and implement the Housing Element. The project also aims to have the site zoning and affiliated
development standards ready and in place once a residential development project is proposed.
ANALYSIS:
The applicable review criteria for the proposed rezoning are in the 2023-2031 Housing Element
programs, policies, and goals, and in the rezoning findings contained in the Rohnert Park Municipal
Code (RPMC). The rezoning request has been found consistent with all applicable programs, policies,
goals, and findings, as outlined in this section.
Housing Element Program HO-1.C
Program HO-1.C stipulates that the City shall rezone sufficient sites to demonstrate an adequate
inventory of sites to meet its Regional Housing Needs Allocation (RHNA). In implementing the
Housing Element’s Adequate Sites Rezoning Program, the City will rezone at least 8.3 acres to high
density residential, which allows and has standards to facilitate residential development at 24 units per
acre. Rezoned sites will have sufficient total capacity to accommodate 196 units, including 14 very
low-income units, 19 low-income units,102 moderate-income units, and 61 above-moderate-income
units.
Project Consistency: The proposed rezoning is consistent with Program HO-1.C and the Housing
Element’s Adequate Sites Program in that the site will be rezoned as required, consistent with the
General Plan Land Use Designation of R-H that will allow residential development at 24 units per acre
with lower-income units provided on site.
Housing Element Goal HO-3.3
Housing Element Goal HO-3.3 provides direction for minimizing government constraints to housing
production, specifying that the City shall strive to minimize governmental constraints on the
production of housing that is affordable to lower-income households and shall strive to ensure that its
policies, regulations, and procedures do not add unnecessary costs to housing and do not act as an
obstacle to new housing development.
Project Consistency: A rezoning of the project site to the R-H Zoning District will minimize
government constraints since the appropriate zoning district and development standards will be in
place to allow housing production at 24 units per acre once a development project is proposed.
Housing Element Goal HO-3.4
Housing Element Goal HO-3.4 directs the City to support development of affordable housing. The goal
further stipulates that the City shall encourage the development of housing types that are affordable to
lower-and moderate-income families, including first-time homebuyers.
Project Consistency: By rezoning the project site, the City will help further the goal of providing 28
lower-income units that have been envisioned for the project site by the Housing Element.
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Rezoning Findings
Pursuant to RPMC Section 17.25.073, factors that shall be considered in the approval or denial of
a rezoning or amendment application include the following:
1. That the proposed zoning and/or amendment is consistent with the general plan.
Criteria Satisfied. The proposed zoning of R-H will be consistent with the General Plan Land Use
Designation of R-H to provide desired housing production at the site of 24 units per acre including
lower-income units.
2. That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public
health, safety, or welfare.
Criteria Satisfied. The proposed zoning will help promote the public welfare by allowing new
housing on the site – particularly, at lower-income levels. A development project is not currently
proposed, so there are no project specific health or safety considerations at this juncture.
3. That with the proposed zoning and/or amendment adequate and available sites remain to mitigate
the loss of residential density on the subject property to accommodate the city's "fair share" regional
housing needs used by the State Department of Housing and Development in determining compliance
with Housing Element Law pursuant to Government Code Section 65863(b).
Criteria Satisfied. As detailed in the 2023-2031 Housing Element, when a jurisdiction does not have
sufficient sites to accommodate its required RHNA for lower income households, it is required to
include programs that identify sites that can be developed for housing within the planning period. To
accommodate RHNA allocations for lower income households, the Housing Element identifies two
programs, including the Adequate Sites Program, which specifically identifies the project site for
rezoning to allow residential development that will assist the City in meeting its RHNA targets for low
income and very low-income households. The rezoning will allow greater housing production density
at 24 units per acre, particularly at the lower-income levels, as envisioned in the 2023-2031 Housing
Element. Furthermore, as a project proposing rezoning of the site to ensure consistency with the
General Plan, 2023-2031 Housing Element, and Housing Element Law, the project will not result in
the loss of residential density but, rather, will increase housing production consistent with this finding.
ENVIRONMENTAL DETERMINATION:
This rezoning is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant
to Public Resources Code (PRC) Section 21080.085(a), which includes rezoning that implements the
schedule of actions contained in an approved housing element pursuant to Government Code Section
65583(c). Subdivision (c) of Government Code Section 65583 includes programs that set forth a
schedule of actions during the planning period to implement the policies and achieve the goals and
objectives of the Housing Element, including through the rezoning program.
As detailed above, the project site’s General Plan Designation was changed from C-O to R-H at the
same time that the Housing Element was approved on January 24, 2023, and the site is identified as
Rezoning Site #10 in the City’s Housing Element. The rezoning project is consistent with Program
7
HO-1.C and the Housing Element’s Adequate Sites Program as it will be rezoned consistent with the
Housing Element and the R-H General Plan Land Use Designation, which allows for residential
development at 24 units per acre with lower-income units provided on site. Because the rezoning
implements the schedule of actions contained in the City’s approved Housing Element, the project
qualifies for use of the statutory exemption pursuant to PRC Section 21080.085(a). Further, neither of
the exceptions to the use of this exemption set forth in PRC Section 21080.085(b) are applicable to the
proposed rezoning as (1) the rezoning would not allow for the construction of a distribution center or
for oil and gas infrastructure; and (2) the rezoning would not allow for construction to occur within the
boundaries of any natural and protected lands as defined pursuant to Section 21067.5. Therefore, the
rezoning is exempt from CEQA and no further analysis is required.
PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this
hearing was published in the Community Voice on October 24th, 2025. Property owners and residents
within 300 feet of the project site were also mailed notices, and the notice was posted pursuant to state
law.
Attachments:
1. Planning Commission Resolution No. 2025-07 recommending that the City Council adopt an ordinance rezoning the project site
Page 1 of 4
PLANNING COMMISSION RESOLUTION NO. 2025-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A REZONING FROM COMMERCIAL OFFICE (C-O) TO RESIDENTIAL HIGH DENSITY (R-H) FOR THE PROPERTY LOCATED AT 5435 SNYDER LANE (APNS
158-320-001; -002; -003; -004; -005; -006; -009; -010; -011) WHEREAS, as part of the General Plan Update process in 2019, the property owner, Cross and Crown Lutheran Church of Rohnert Park, submitted a land use change request, to consider redesignating the property at 5435 Snyder Lane (APNs 158-320-001 to -006 and 158-320-009 to -011) (“Rezoning Site”) to High Density Residential; and
WHEREAS, in 2023, the City adopted an Initial Study and Mitigated Negative Declaration, its required Housing Element and General Plan amendments that changed the General Plan Land Use Designation on the 1.19-acre property located at the southwest corner of Snyder Lane and Camino Corto, which includes the Rezoning Site, from Commercial Office (C-
O) to Residential High Density (R-H) in order to provide housing at a density of 24 units per
acre; and
WHEREAS, the Rezoning Site comprises Site #10 in the adopted Housing Element Adequate Sites Program, and is identified for rezoning to accommodate the city’s Regional Housing Needs Allocation (RHNA) for lower income households; and
WHEREAS, the proposed rezoning is being processed as required by the adopted
Housing Element to achieve consistency with the General Plan Land Use Designation of Residential High Density (R-H) on the Rezoning Site to allow for a residential density of 24 units per acre; and
WHEREAS, the project has been analyzed for compliance with the requirements of the
California Environmental Quality Act (CEQA), and;
WHEREAS, with the passage of Senate Bill (SB) 131, Public Resources Code Section 21080.085(a) was added, which sets forth a CEQA statutory exemptions for a rezoning that implements the schedule of actions contained in an approved housing element pursuant to Government Code Section 65583(c), with certain limited exceptions; and
WHEREAS, the project is a rezoning required by Housing Element Program HO-1.C,
which does not fall under the exceptions listed in Public Resources Code Section 21080.085, and
is therefore statutorily exempt from CEQA; and
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area encompassing a 300
foot radius of the subject property and a public hearing was published for a minimum of 20 days
prior to the public hearing in the Community Voice; and
Page 2 of 4
WHEREAS, on November 13, 2025, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the
proposal; and
WHEREAS, the Planning Commission has reviewed and considered all relevant information related to the proposed rezoning.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations, and recommendations with
respect to the proposed rezoning based on the oral and written staff reports, all public comments,
and any other information in the record:
Section 1. Recitals. That the above recitations are true and correct.
Section 2. CEQA Review. This rezoning project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code (PRC)
Section 21080.085(a), which exempts rezoning that implements the schedule of actions contained in an approved housing element pursuant to Government Code Section 65583(c). Subdivision (c) of Government Code Section 65583 includes programs that set forth a schedule of actions during the planning period to implement the policies and
achieve the goals and objectives of the housing element, including through the
administration of land use controls. Because the rezoning project is a rezoning that implements the schedule of actions contained in the City’s approved Housing Element, the project qualifies for use of the statutory exemption pursuant to PRC Section 21080.085(a).
Section 3. Findings. The Planning Commission hereby makes the following findings
concerning the proposed rezoning being processed consistent with the 2023-2031 Housing Element Adequate Site Program, pursuant to Rohnert Park Municipal Code
section 17.25.073:
1. That the proposed zoning and/or amendment is consistent with the general plan.
The proposed zoning of R-H is consistent with the General Plan Land Use
Designation of R-H to provide desired housing production at the site of 24 units
per acre including lower-income units.
2. That the proposed zoning and/or amendment will be beneficial to and not
detrimental to the public health, safety, and welfare.
The proposed zoning will help promote the public welfare by allowing new
housing on the site – particularly, at lower-income levels. A development project is not currently proposed, so there are no project specific health or safety
considerations at this juncture
3. That with the proposed zoning and/or amendment adequate and available sites
remain (refer to the quantified housing objectives in the city's housing element of
the general plan) to mitigate the loss of residential density on the subject property
Page 3 of 4
to accommodate the city's "fair share" regional housing needs used by the State Department of Housing and Development in determining compliance with
Housing Element Law pursuant to Government Code Section 65863(b).
The rezoning will allow greater housing production density at 24 units per acre, particularly at the lower-income levels, as envisioned in the 2023-2031 Housing Element. The rezoning will not result in the loss of residential density but, rather,
will increase housing production consistent with this finding
Section 4. The Planning Commission does hereby recommend that the City Council adopt the Findings stated hereinabove and adopt an ordinance amending the zoning at 5435 Snyder Lane from Commercial-Office (C-O) to High Density Residential (R-H), as shown in Exhibit A, attached hereto and incorporated herein by reference.
DULY AND REGULARLY ADOPTED on this 13th day of November, 2025 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: _____NOES:_____ ABSENT:_____ ABSTAIN:_____
AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ CAMPBELL_____ LAM_____ _________________________________________________________________ Chairperson, Rohnert Park Planning Commission
Attest: ________________________________ Clotile Blanks, Recording Secretary
Page 4 of 4
EXHIBIT A