It is the intent of this chapter to:

A.

Encourage a cohesive pattern of urbanization that balances competing interests, including the need for additional housing and related development, and the expressed community desire to preserve open space, maintain community character, and ensure that adequate public facilities and resources, such as water and wastewater, are available to serve new and existing development;

B.

Ensure all new development provides the necessary infrastructure and public facilities required to support the development;

C.

Provide the framework to phase and pace growth so as to minimize its environmental, social, and fiscal impacts, and ensure concurrency between growth, infrastructure and services;

D.

Provide for the accommodation of the city's fair-share housing allocations to meet the needs of all segments of the community;

E.

Establish a growth management program for the city of Rohnert Park that is consistent with the general plan, including the urban growth boundary measure approved by the voters in November, 2000.

(Ord. 755 § 2, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The purpose of this chapter is to assure that the rate of population growth will not exceed the average annual growth rates established in the general plan, and as outlined below, so new residential development and mixed-use developments with a residential component occur concurrently with necessary infrastructure and public service improvements. By monitoring and managing the city's residential development, this chapter furthers the following general plan goals:

A.

Maintain a compact urban form, with defined urban growth boundary and urban development intensities in land designated for urban uses.

B.

Promote a balanced land use program and increase the ability of people to live and work in the city.

C.

Require preparation of specific plans for strategic new growth areas with complex land use programs.

D.

Maintain land use patterns that maximize residents' accessibility to parks, open space, and neighborhood shopping centers.

E.

Maintain a balance of land uses and a variety of housing types over time.

F.

Continue to maintain efficient land use patterns and ensure that infill development maintains the scale and character of established neighborhoods.

G.

Undertake efforts to facilitate provision of housing affordable to low- and very-low income households by exempting such housing from any numerical growth limitations included in this chapter.

H.

Ensure that growth is paced to achieve general plan buildout over a twenty-year period, representing an annual average growth rate of one percent.

I.

Promote contiguous urban development and maintain a compact form over successive stages of the city's development.

J.

Ensure all new development provides the necessary public facilities to support the development.

K.

Minimize the impacts, physical, visual and fiscal, of growth and annexation on existing homes and businesses.

L.

Maintain high levels of mobility along all major street segments and at major intersections.

M.

Build new roads and improve existing roadways, where necessary, in conjunction with new development.

N.

Develop additional parkland in the city to meet the standards of required park acreage for new residents pursuant to an ordinance providing for dedication of park land and payment of in lieu fees.

O.

Ensure that adequate wastewater facilities and services are available to meet the needs of existing and new development.

P.

Provide sufficient quantities of water for Rohnert Park residents and businesses, while ensuring that safe groundwater yield is not exceeded.

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

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.

A.

"Final discretionary approval" means the last action by the city that calls for the exercise of judgment in deciding whether to approve and/or how to carry out (e.g., project phasing) a residential project or a mixed-use project with a residential component. Examples include, but are not limited to approvals of conditional use permits, tentative maps, development agreements, annexations, rezonings, and architectural/site design reviews.

Multiple Discretionary Approvals. For purposes of determining the date of final discretionary approval for a project with multiple discretionary approvals, the action establishing a certain number of residential units shall be considered the date of final discretionary approval. For subdivision developments, this action would be tentative map approval by the planning commission. For non-subdivision development, this action will usually be architectural/site design review.

Project Appeals. If a project approval is appealed and the approval is upheld, the original approval date (e.g., date of planning commission approval) is the final discretionary approval. If a project is denied, but approved on appeal, the approval date is the final discretionary approval (e.g., date of city council action).

B.

"Final map" means the same as used in Chapter 16.14 of this code.

C.

"Model home" means a residential unit used as an interim office/showroom/sales center for a residential development and not as a dwelling. The number of model homes allowed for any phase of a residential development shall not exceed six units.

D.

"Residential building permit implementation" means construction of the dwelling unit that a building permit pertains to and is deemed to take place one year after the permit is issued.

E.

"Trigger cap" means the threshold at which a cap on residential development will be established. Its purpose is to maintain an average population growth rate of one percent per year.

F.

"Urban development" means development requiring one or more basic municipal services including, but not limited to, water service, sewer, improved storm drainage systems, fire hydrants, and other physical public facilities and services; provided, however, that open space uses, parks, agricultural uses, community fields, and golf courses beyond the urban growth boundary that are provided for municipal or public services, shall not be defined as "urban development."

G.

"Urban growth boundary (UGB)" means the line within which all urban development is to be contained within a specified time period (e.g., twenty years). It represents the ultimate edge of urban uses for the city of Rohnert Park.

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

Not later than May 31 of each year, the city council shall conduct an annual review of the growth management program.

A.

The purpose of the review shall be to:

1.

Determine the consistency of the growth management program with the goal of one percent average annual population growth rate, a balanced land use program, accommodation of the city's fair-share housing allocations, development patterns and growth area priorities, infrastructure availability, and land use programs as well as with the goals, plans, and policies of the general plan and state housing, planning, and zoning law;

2.

Review the phasing and pace of residential development (see Section 17.19.040 of this chapter). If, as a result of this review the trigger cap is implemented, as provided in subsection 17.19.050(B) of this chapter, the city council may adopt a resolution establishing priority residential development areas (as described in Section 17.19.060 of this chapter) and allocating residential units in accordance with the standards established in Section 17.19.060 of this chapter.

3.

Ensure that the development in each specific plan area is coordinated with the growth management program.

B.

The review shall include a report from the planning and community development director to the city council listing:

1.

The number of units included in final discretionary approvals granted for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

2.

The number of units included in final map filings for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

3.

The number of building permits approved for each of the five previous calendar years by lands within the July 2000 city limits and by specific plan area as identified in the general plan;

4.

Projected housing units by year per approved and pending development agreements;

5.

Applications pending for new residential units or mixed-use development with a residential component, with a time schedule for final discretionary approvals, final map filings, and residential building permit issuance;

6.

The following types of projects shall be listed separately and shall not be included in the housing counts in the calculation of the trigger cap:

(a)

Single-family dwellings on legal lots of record within the July 2000 city limits that are not within an approved subdivision;

(b)

Housing that is affordable to low- and very-low income households, and housing that is affordable to moderate-income households under the city's inclusionary housing requirements;

(c)

Second dwelling units;

(d)

Conversions of mobile homes or apartments to condominium ownership where no new units are created or spaces are proposed;

(e)

Rehabilitation, remodel or replacement of existing housing; and

(f)

Model homes, until certificate of occupancy is issued.

(g)

Residential infill projects or portions thereof that can establish to the satisfaction of the city engineer that:

(1)

Adequate public resources, such as water and wastewater, are available,

(2)

No amendment to any then existing water supply assessment or general plan adopted by the city is required, and

(3)

Which consist of any one of the following:

(i)

Listed in the quantified objectives of the city's housing element;

(ii)

Adaptive reuse projects (i.e. the redevelopment of an existing property from a non-residential use to a residential use);

(iii)

Transit oriented development;

(iv)

Live/Work projects;

(v)

Residential projects developed on commercial properties that have mixed-use components or are under five acres in size or one hundred units or less;

(vi)

Smaller residential projects (e.g., under five acres in size or one hundred units); or

(vii)

Special Needs units (e.g., single-family units designed for disabled residents).

(Ord. 755 § 3, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The phasing and pace of development shall be managed, as outlined below, to maintain an average approximate population growth of one percent. The implementation of the trigger cap is based upon the following facts and assumptions:

A.

1.

Residential building permit implementation for new residential units shall be used to make the calculations required by Section 17.19.050 of this chapter to determine if a cap has been triggered and for setting the cap, if triggered. For purposes of this chapter, "Residential building permit implementation" shall occur one year after the issuance of the building permit for a given residential dwelling unit.

2.

An applicant for a final discretionary approval shall submit a phasing plan that identifies the years in which residential building permits are expected to be implemented for the development.

3.

For final discretionary approvals occurring in years that no residential development cap is in place, a condition shall be imposed on the final discretionary approval that the first residential building permit shall be obtained within three years of the date of the final discretionary approval, and that any subsequent residential building permits shall be applied for in accordance with the phasing plan approved pursuant to subsection (A)(2) of this section. If a residential building permit application is not filed in accordance with the time periods set forth in this section, the issuance of residential building permits for the development shall be subject to subsection 17.19.060(A) of this chapter, if a residential development cap is in place.

4.

For final discretionary approvals occurring in years that a residential development cap is in place, a condition shall be imposed on the final discretionary approval that a residential building permit shall not be approved unless adequate allotments exist under the residential development cap to allow the filing of the residential building permit application subject to Section 17.19.060 of this chapter.

B.

Dwelling units that are to be phased per an approved development agreement shall be considered in calculations required by Section 17.19.050 of this chapter in accordance with the phasing terms of the development agreement. Development agreements are encouraged.

C.

The goal of an average annual growth rate of one percent is based on the State Department of Finance's estimated 1999 population of forty one thousand and the buildout estimate of fifty thousand four hundred (Note: The persons per household is calculated as follows: 50,400 pop.—41,000 pop. = 9,400 pop./20 years = 470 pop. per year/225 units per year equals 2.08 persons per household.).

D.

Since the buildout estimates do not include on-campus Sonoma State University (SSU) units and the city does not have control over development by the state, existing and new SSU units shall not be used in the calculations required by Section 17.19.050 of this chapter should SSU be annexed to the city.

E.

Estimated 1999 population includes population within the Canon Manor area. Therefore, residential units in Canon Manor existing on the effective date of this chapter shall not be included in the calculations required by Section 17.19.050 of this chapter should Canon Manor be annexed to the city. Further, where future development is anticipated to replace residential units existing within the proposed specific plan areas on the date of annexation, those units shall not be included in the calculations required by Section 17.19.050 of this chapter should the areas be annexed to the city.

F.

Other housing units exempt from the trigger cap calculation:

1.

Low and very-low income housing, and housing that is affordable to moderate-income households under the city's inclusionary housing requirements;

2.

Replacement housing on single-family lots and new housing on lots in subdivisions within the existing city limits at the time of adoption of this chapter for which the final map was recorded prior to adoption of the ordinance codified in this chapter;

3.

Second dwelling units;

4.

Model homes, as defined by subsection 17.19.020(C) of this chapter, until such time as a certificate of occupancy is issued.

5.

Residential infill projects or portions thereof that are:

(a)

Listed in the quantified objectives of the city's housing element;

(b)

Adaptive reuse projects (i.e. the redevelopment of an existing property from a non-residential use to a residential use);

(c)

Transit oriented development;

(d)

Live/Work projects;

(e)

Residential projects developed on commercial properties that have mixed-use components or are under five acres in size or one hundred units or less;

(f)

Smaller residential projects (e.g., under five acres in size or one hundred units); or

(g)

Special Needs units (e.g., single-family units designed for disabled residents).

G.

Congregate care/assisted-living facilities shall be considered an institutional use and the beds shall not be included in the calculations required by Section 17.19.050 of this chapter. Independent living units for seniors (i.e., those that contain individual kitchens) shall be included in the Section 17.19.050 calculations; however, every two and one-half units shall be counted as one unit.

H.

The average household size and estimated population and unit growth shall be reviewed based on Census 2000 and following any future U.S. Census or special census. Changes may be made as necessary to accommodate the data provided in Census 2000 and any future census.

I.

The calendar year 2001 is the beginning of the growth management program.

J.

To account for no growth outside of the city's 2000 city limits for the first several years after the effective date of this chapter, growth within the first four years shall be limited to nine hundred housing units, an average of two hundred twenty-five units per year. The review of the development pace for the preceding three-year period begins in the fifth year by looking at years two, three, and four.

(Ord. 755 § 4, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

A.

Beginning in the calendar year 2005, if the annual report demonstrates both that the combined number of residential building permits implemented in any two successive (i.e., prior) calendar years exceeds five hundred sixty housing units (five hundred sixty represents one hundred twenty-five percent of the two-year average growth of four hundred fifty housing units), and the development pace for the preceding three-year period has exceeded an average of two hundred twenty-five units per year, then a cap on residential development (i.e., residential units) in the following calendar year shall be established. The residential development cap, if triggered, shall be based on the following formula: (Number of years beginning in Year 2001 x 225 units) less the number of units included in residential building permits implemented equals the residential development cap. The following examples are based on potential market driven development scenarios.

B.

During the annual review, the trigger cap may be adjusted up or down a maximum of ten percent by the city council (i.e., between two hundred two and two hundred forty seven) to accommodate changes in land use program assumptions (for example, vacancy rate factors and household size).

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

A.

Establishing Priority Development Areas. The city council may, by resolution, establish priority development areas, after calculating the trigger cap and determining the need for a residential development cap based on policies in the land use and growth management element of the general plan.

B.

Residential Development Cap. If established, the residential development cap shall be allocated at the time of residential building permit application except as provided for in subsection 17.19.040(A)(3). Examination of an application for allotment under the residential development cap shall consider the following factors, with the first four factors to be given the highest priority:

1.

Project Design. The extent to which the project is adapted to its natural setting, promotes mixed use and pedestrian-oriented development and otherwise fosters smart growth principles, contributes to a cityscape that provides visual interest, and results in a development with a distinctive character. Emphasizes linkages and accessibility to existing and proposed public and private open space, bicycle/pedestrian paths, commercial centers, and transit opportunities.

2.

Maintenance of City Services and Facilities (including, but not limited to, wastewater, stormwater drainage, water supply, parks, and roadways). The extent to which the project provides for a funding mechanism to ensure continued provision of city services without creating a burden on existing residents, including the provision and funding of required public safety facilities and the ongoing provision of public safety services.

3.

Sustainability/Green Building. The extent to which the development incorporates green building techniques and standards, maximizes energy efficiency, minimizes greenhouse gas emissions, and provides for the use of reclaimed water and the reduction of water consumption and discharge.

4.

Affordable Housing. The extent to which the development accommodates the city's regional fair share housing allocations as described in the housing element of the general plan, particularly for very low- and low-income households and for preferred types of affordable housing (e.g., are "for sale" units needed more than "rental" units during a given time period, or are second units desired to meet a portion of the existing affordable housing need?)

5.

Art and Cultural Components. The extent to which the development contributes and funds aesthetic benefits for the community, both on- and off-site.

6.

Traffic Improvements. The extent to which the developer provides priority local and regional roadway improvements.

7.

Development Agreement. The extent to which the project has an approved development agreement with the city.

In the event that more than one application for final discretionary approval is submitted that has equal merit based on the above criteria, the residential cap shall be allocated on a calendar year basis on a first-come, first-served basis.

In the case of a residential development cap of seventy-five or more, the city shall not approve final discretionary permits for more than one-third of the cap to any single applicant or single residential development unless the city council finds that such approval is consistent with the resolution adopted pursuant to subsection (A) of this section. For purposes of this section, a single residential development means one or more contiguous units on contiguous lands owned by any person, persons, legal entity or entities or any combination thereof which have a common ownership interest of more than fifty percent in each such entity.

(Ord. 755 § 5, 2006; Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)

The city council shall adopt general performance standards for streets, water, wastewater, storm water, solid waste, parks, and public safety. Specific performance standards for citywide facilities shall be adopted as part of the capital improvement program (CIP).

(Ord. 711 § 2 (part), 2004: Ord. 695 § 3, 2003)