The regulations contained in this section are intended to:

A.

Establish procedures for the approval, conditional approval, or disapproval of conditional use permits when required by this section; and

B.

Establish findings to permit uses that have unusual site development features or operating characteristics requiring special consideration so that the use may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area.

(Ord. 695 § 3, 2003)

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the regulations of this title which are consistent with the city's general plan, the specific purposes of the zoning district in which the site is located, and the provisions of this section.

(Ord. 695 § 3, 2003)

An application for a conditional use permit shall include the following:

A.

The application form provided by the city, 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 provided, 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.

(Ord. 695 § 3, 2003)

A.

The planning commission shall hold a public hearing to consider an application for a conditional use permit.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

A.

The planning commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the planning commission makes each of the following findings:

1.

That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located;

2.

That the proposed location of the conditional 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 that the operation and maintenance of the conditional use will be compatible with the surrounding uses;

3.

The proposed conditional use will comply with each of the applicable provisions of this title.

(Ord. 695 § 3, 2003)

A.

The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

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 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.

D.

A conditional use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure.

(Ord. 695 § 3, 2003)

A.

A conditional use permit shall lapse one year 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 conditional use permit 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.

B.

A conditional use permit approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conditional use permit is filed with the planning commission. 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 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.

(Ord. 695 § 3, 2003)

A conditional use established prior to enactment of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed in the conditional use permit.

Alteration or expansion of a conditional use shall be treated as a new application, unless the planning and community director finds that the alteration or expansion is minor, does not involve substantial alterations or additions to the original approval, and is consistent with the intent of the original approval.

(Ord. 695 § 3, 2003)

A.

A violation of a condition of approval or a provision of this chapter may cause a conditional use permit to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new conditional use permit application.

(Ord. 695 § 3, 2003)

The regulations contained in this section are intended to:

A.

Establish procedures for the approval, conditional approval, or disapproval of variances when required by this section; and

B.

Establish findings to permit variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the zoning ordinance as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title.

(Ord. 695 § 3, 2003)

The planning commission may grant variances to the regulations prescribed by this title, in accordance with the procedure prescribed in this section. Variances shall not be permitted to change zoning classifications or residential densities, or for other matters related to the use of land.

(Ord. 695 § 3, 2003)

Application for a variance 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.

5.

An explanation of the justification for the variance.

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.

(Ord. 695 § 3, 2003)

A.

The planning commission shall hold a public hearing to consider an application for a variance.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

The planning commission shall approve or conditionally approve a variance application if, on the basis of the application, supporting materials and oral and written testimony submitted at the hearing, the planning commission makes each of the following findings:

1.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance.

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.

3.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;

4.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 695 § 3, 2003)

A.

The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

B.

If an application is disapproved, then no new application for the same, or substantially the same, variance shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

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 Section 17.25.120.

(Ord. 695 § 3, 2003)

A.

A variance shall lapse one year 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 variance 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.

B.

A variance approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the variance is filed with the planning commission. 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 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.

(Ord. 695 § 3, 2003)

A.

A violation of a condition of approval or a provision of this section may cause a variance to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new variance application.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

A.

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.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

A.

A site plan and architectural review approval shall lapse one year 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.

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 commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning 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.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

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.

Five copies of a site plan showing how the proposed temporary event will be conducted on the site;

C.

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

D.

A clean-up deposit, if appropriate, to ensure that the site is returned to its prior state.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

A.

The planning and community development director or his/her 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.

(Ord. 695 § 3, 2003)

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.

(Ord. 695 § 3, 2003)

The regulations contained in this section establish procedures for the approval, conditional approval, or disapproval of administrative permits when required by this section.

(Ord. 695 § 3, 2003)

A.

Application for an administrative permit shall include the following:

1.

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.

2.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

The owners of properties contiguous to the project site shall be provided notice of the application a minimum of ten calendar days prior to action being taken on the application. If one or more of the neighboring property owners express opposition to the application, the planning and community development director shall refer the application to the planning commission for review if the concerns cannot be resolved.

(Ord. 695 § 3, 2003)

A.

The planning and community development director or his/her designee shall approve or conditionally approve an administrative permit 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 is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located;

2.

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

3.

The proposed use complies with each of the applicable provisions of this title.

(Ord. 695 § 3, 2003)

A.

The planning and community development director shall review the application and shall forward it to other departments and agencies that may have an interest in the proposal.

B.

The decision of the planning and community development director shall become final ten working days after the decision is rendered, unless appealed to the planning commission as set forth in Chapter 17.25 Article XII.

C.

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.

(Ord. 695 § 3, 2003)

A.

An administrative permit shall lapse one year 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 administrative permit is renewed in accordance with subsection B below.

B.

An administrative permit approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the administrative permit is filed with the planning department. The planning and community development director or his/her designee may grant the renewal if the original findings of approval remain satisfied. If the planning and community development director denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the planning commission as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

A.

A violation of a condition of approval or a provision of this section may cause an administrative permit to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B.

A request to amend one or more of the conditions of approval shall be treated as a new application.

(Ord. 695 § 3, 2003)

The regulations contained in this section are intended to:

A.

Ensure that each new or expanded use of a structure or site complies with all applicable provisions of this title.

B.

Maintain a record of each new or expanded use of a structure or site through the issuance of a certificate of zoning compliance for such projects that require same.

(Ord. 695 § 3, 2003)

No person shall construct or operate a use listed in the land use regulations (Chapter 17.06 of this title) as requiring a certificate of zoning compliance without first obtaining same from the zoning administrator. The certificate of zoning compliance is intended to certify that in all respects that the structure or lot and the proposed activity or use to be conducted therein is in full compliance with the provisions of this title, including all applicable zoning district requirements.

(Ord. 695 § 3, 2003)

A certificate of zoning compliance shall be required for the following:

A.

The completion of a structure for which a building permit has been issued. No separate application or fee shall be required for same;

B.

The initiation or commencement of any land use not requiring the construction of a structure; or

C.

A change in the use of a structure or property for which a Certificate of Zoning Compliance was issued or which was exempted under the provisions of this Title, whether or not such use involves a new owner, tenant, or operator.

(Ord. 695 § 3, 2003)

Application for a certificate of zoning compliance shall include the following:

1.

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.

2.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

The regulations contained in this section are intended to establish procedures to consider the rezoning of properties within the city of Rohnert Park and amendments to the regulations within this title.

(Ord. 695 § 3, 2003)

Applications for a rezoning or amendments to the regulations within this title shall include the following:

A.

The application form provided by the city. For amendments involving the rezoning of property, this application must be signed by the owner(s) of property included in the proposed amendment, or their representative(s). Amendments to this chapter or map may also be initiated by a resolution of intention of the city council or of the planning commission.

B.

The required plans and other documentation pertaining to the application.

(Ord. 695 § 3, 2003)

A.

The planning commission shall hold a public hearing to consider a rezoning application or an application to amend the regulations within this title.

B.

The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

Factors that shall be considered in the approval or denial of a rezoning or amendment application include, but are not limited to the following:

1.

That the proposed zoning and/or amendment is consistent with the general plan.

2.

That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public health, safety, or welfare.

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).

(Ord. 695 § 3, 2003)

Following such hearing, the commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the council a copy of such report.

(Ord. 695 § 3, 2003)

Upon receipt of such report from the commission, the council shall set the matter for public hearing after giving notice thereof and of the proposed amendment as provided by law. After the conclusion of such hearing the council may adopt the amendments, or any part thereof, set forth.

(Ord. 695 § 3, 2003)

The designations, locations, and boundaries of the districts established are delineated upon the map entitled "Zoning Map for the city of Rohnert Park, California", which map and all notations and information thereon are hereby made a part of this chapter by reference. Any land within the incorporated limits of the city, now or in the future, and not designated or indicated on the zoning map shall receive a zoning classification conforming to that designated by the general land use plan of the city.

(Ord. 695 § 3, 2003)

The city may pre-zone unincorporated property adjoining the city. This process shall comply with this section and shall become effective upon annexation.

(Ord. 695 § 3, 2003)

This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, their re-establishment after abandonment, and their alteration or restoration after destruction of the structure they occupy.

(Ord. 695 § 3, 2003)

A.

Any nonconforming use, lot or structure shall be permitted to remain in existence so long as it remains in accordance with the provisions of this section.

B.

Damage or destruction of a structure. Should a nonconforming structure be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damages or destruction as determined by the city building official, the nonconforming structure shall not be reconstructed, except in conformity with this title.

Should a structure in which the use does not conform with the regulations for the district in which it is located, be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damage as determined by the city building official, the nonconforming use shall not be resumed, except in conformity with this title or a conditional use permit as granted by the planning commission. The application for a conditional use permit shall be made within one year of the date of damage or destruction.

(Ord. 695 § 3, 2003)

A.

If a structure has a nonconforming use, or the structure is nonconforming, the structure shall be subject to the following restrictions:

1.

Existing conforming structures with non-conforming uses may be externally enlarged or extended, moved, or structurally altered only after the use of the structure is changed to a permitted use for the district in which it is located.

2.

Any additions, enlargements, major alteration or moving of nonconforming structures shall conform to all regulations of the district in which the structure is located.

3.

A vacant structure in which the last use was nonconforming may be occupied by the same or similar use if occupied within a period of one hundred eighty calendar days after the structure became vacant. If the structure is not occupied by the same or similar use within the time periods set forth, then the future use of the site must comply with the applicable district located as set forth in this title.

B.

Uses or structures defined as nonconforming due to inadequate parking and/or landscaping are subject to the following restrictions:

1.

Structures and uses in this subsection may be enlarged, altered, moved, extended or reconstructed within the following limits:

a.

Where no major building other than an accessory building is involved, the cost of such change shall not exceed the total current appraised value of the land.

b.

Where a major building is involved, the cost of such change shall not exceed the total current appraised value of the original buildings.

C.

Exception. In any district where residences are prohibited, additions or alterations may be made to an existing single or two-family dwelling provided all of the following conditions are met:

1.

Structural changes can be made only if in conformity with all the regulations of use, height, area, yard, interior yard space, off-street parking, etc., as required in the R-H, Residential-High Density District.

2.

No additional dwelling units may be provided nor a conversion made that would create a second-dwelling unit, lodging house, care home, or similar use.

3.

Floor area added shall not exceed fifty percent of the total floor area existing in the dwelling at the time the regulations prohibiting residences became effective on the property in question.

4.

No such addition shall be permitted if a portion of the existing dwelling is converted to commercial or industrial use subsequent to when the regulations prohibiting residences became effective on the property in question.

(Ord. 695 § 3, 2003)

Nothing in this section shall be deemed to prevent repairs or maintenance necessary to comply with existing codes or ordinances or the strengthening or restoring to a safe condition any building, structure, or part thereof declared to be unsafe by any public official charged with the responsibility of protection public health, safety and welfare. Such repair and maintenance shall be subject to the same limitations set forth in subsection 17.25.082.B.

(Ord. 695 § 3, 2003)

Subject to the provisions of this section, there is created a planning commission for the city consisting of five members.

(Ord. 695 § 3, 2003)

A.

Members of the planning commission shall be appointed by the city council. Each councilperson may nominate one resident of the city of Rohnert Park for appointment to the planning commission. The term of each commission member shall be for four years expiring on December thirty first.

B.

Each member shall serve at the pleasure of the city council and until his/her successor is appointed and qualified.

C.

Vacancies shall be filled by appointment for the unexpired portion of the term.

D.

Members of the commission shall serve without compensation unless otherwise provided for by the city council.

E.

Members of the commission may be reimbursed for actual expenses incurred in carrying out business of the planning commission provided such reimbursement is approved by the city council.

(Ord. 695 § 3, 2003; Ord. No. 921, § 1, 4-10-2018)

The planning commission shall elect a chairman and a vice-chairman from the appointed members. The planning commission shall appoint a secretary who need not be a member of the commission. Officers of the commission shall be elected annually.

(Ord. 695 § 3, 2003)

The planning commission shall hold at least one regular meeting in each month.

(Ord. 695 § 3, 2003)

The planning commission shall, subject to approval by the council, adopt rules for the transactions of business and shall keep a public record of its resolutions, transactions, findings, and determinations.

(Ord. 695 § 3, 2003)

The planning commission shall have such powers and duties as may be assigned to it by the city council including that of board of appeals to hear appeals of zoning administrator decisions.

(Ord. 695 § 3, 2003)

As an alternative to the establishment of a planning commission, the city council may by resolution designate the city council itself as the planning commission, in which event the city council shall perform all of the functions and duties of the planning commission as set forth in this title. Where separate public hearings are provided for before the planning commission and the city council, as in amendments to this title, these public hearings may be combined in the public hearing before the city council.

(Ord. 695 § 3, 2003)

A.

The purpose of this section is to establish responsibilities and procedures for the zoning administrator, pursuant to Government Code Sections 65900, 65901, 65902, and 65903.

B.

The zoning administrator review is an in-house discretionary process intended to provide an avenue for the streamlined review of small planning projects.

(Ord. 695 § 3, 2003)

The planning and community development director is designated as the zoning administrator, and he/she may designate in writing an acting zoning administrator who may exercise all the power of the zoning administrator. The zoning administrator shall provide the city clerk with the name of the zoning administrator and any appointed acting zoning administrator in writing.

(Ord. 695 § 3, 2003)

A.

The zoning administrator shall hear and decide all applications for temporary and administrative use permits when required by this title and such other matters that may be specifically assigned by ordinance.

B.

The zoning administrator shall approve, approve with conditions, or deny an application for zoning administrator approval based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

C.

The zoning administrator may refer any matter to the planning commission for hearing, consideration and determination, in lieu of B, above. The planning commission shall approve, approve with conditions, or deny a referred zoning administrator application based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

(Ord. 695 § 3, 2003)

A.

The zoning administrator shall render a determination within thirty calendar days of the date an application is deemed complete or within such other timeframes that may be set by ordinance for specific applications.

B.

Public notice of zoning administrator's preliminary determination and information about requesting a formal zoning administrator hearing shall be noticed pursuant to Section 17.25.112 of this title.

C.

A formal zoning administrator hearing may be requested within the ten calendar day notice period by submittal of a written request to the zoning administrator, including a complete description of the reason for requesting the hearing.

D.

The fee for zoning administrator hearing shall be set by the city council and paid for by the applicant.

E.

Upon receipt of a written request and filing fee, the zoning administrator shall schedule a formal hearing to address the concerns raised in the written request for hearing. Public notice of the zoning administrator hearing shall be noticed pursuant to Section 17.25.112 of this title.

F.

The zoning administrator shall make a determination regarding the application within ten working days after the hearing and provide a determination letter to the applicant as well as the individual or group requesting the hearing.

G.

The determination of the zoning administrator is appealable to the planning commission pursuant to Chapter 17.25 Article XII of this title. The planning commission shall approve, approve with conditions, or deny a zoning administrator application that has been appealed based upon whether or not it conforms to the general plan, the specific purposes of the base or overlay zoning district in which the project is located, and the provisions of any applicable federal, state, or local ordinances.

(Ord. 695 § 3, 2003)

The regulations contained in this section establish notice requirements for public hearings falling within the provisions of this title unless otherwise prescribed in the individual section.

(Ord. 695 § 3, 2003)

The contents of a public notice must include the following:

1.

Date, time, and place of the public hearing;

2.

Identity of the hearing body or hearing officer;

3.

General explanation of the matter to be considered and where more specific information may be obtained;

4.

General description in text or by diagram of the location of the real property/parcel or building which is the subject of the hearing;

5.

If a public hearing, a statement that any interested party or agent may appear and be heard.

(Ord. 695 § 3, 2003)

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to Government Code Section 65090, notice shall be published one time pursuant to Government Code Section 6061 in at least one newspaper of general circulation within the city of Rohnert Park and the notice shall be posted at least ten days prior to the hearing in at least three public places within the city of Rohnert Park (e.g., city hall, the public library, and the community center).

B.

The notice of a public hearing shall include the contents as listed above in Section 17.25.111.

C.

In addition to the notice required by this title, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Ord. 695 § 3, 2003)

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to Section 65091, notice shall be mailed or delivered at least ten calendar days prior to the hearing in all of the following ways:

1.

To the owner of the subject property or the owner's duly authorized agent, and to the project applicant;

2.

To each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3.

To all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. If the number of owners to be notified is greater than one thousand, the city of Rohnert Park in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation within the city of Rohnert Park at least ten calendar days prior to the hearing.

4.

To the blind, aged, and disabled communities, whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

B.

If the notice is mailed, it shall also either be:

1.

Published pursuant to Government Code Section 65090 in at least one newspaper of general circulation within the city of Rohnert Park at least ten calendar days prior to the hearing,

2.

Posted at least ten calendar days prior to the hearing in at least three public places within the boundaries of the city of Rohnert Park.

C.

The notice of a public hearing shall include the contents as listed above in Section 17.25.111.

D.

For projects that are not exempt from the California Environmental Quality Act, the property owner shall cause to be prepared and installed on the project site a thirty-two sq. ft. sign describing the proposed project and giving the date, time and location of the public hearing. The sign material, color, type style, and installation shall be approved by the planning and community development director. The property owner within five working days following the closure of the public hearing shall remove the sign from the site.

E.

In addition to the notice required by this section, the city of Rohnert Park may require notice of the hearing in any other manner it deems necessary or desirable.

(Ord. 695 § 3, 2003)

When a provision of this title requires notice of a public hearing to be given pursuant to Sections 17.25.112 or 17.25.113, or Government Code Section 65090 or 65091, the notice shall also be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request for notice with either the city clerk of the city of Rohnert Park or with any other person designated by the city of Rohnert Park to receive these requests. A fee which is reasonably related to the costs of providing this service may be charged and the request must be annually renewed.

(Ord. 695 § 3, 2003)

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

(Ord. 695 § 3, 2003)

* ;hg;If the proposed ordinance or amendment to the zoning map or regulation affects the permitted uses of real property, then notice shall be by Section 17.24.113.

(Ord. 695 § 3, 2003)

This section establishes a procedure for the appeal of decisions made by the planning commission or zoning administrator with reference to this title.

(Ord. 695 § 3, 2003)

Appeal rights are prescribed in the individual sections of this title authorizing each decision that is subject to appeal.

(Ord. 695 § 3, 2003)

Decisions made by the planning commission under this title with reference to its implementation, enforcement, and interpretation may be appealed to the city council, as long as the decision is not prescribed as final in the individual section which authorizes the decision.

(Ord. 695 § 3, 2003)

Appeals of decisions of the planning commission or zoning administrator shall be initiated within ten calendar days from the date of the decision. When the period for an appeal ends on a weekend or city holiday, the last day to file the appeal shall be extended to the next working day.

(Ord. 695 § 3, 2003)

A.

Filing. An appeal letter shall be filed with the planning and community development department which shall state specifically why the determination or interpretation is not in accord with the purposes of this zoning ordinance and what the specific reasons are for the assertion that there was an error or abuse of discretion by the planning commission or zoning administrator.

B.

Effect on Decisions. Decisions that are appealed shall not become effective or final until the appeal is resolved.

(Ord. 695 § 3, 2003)

A.

Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within sixty days of the city's receipt of an appeal unless both applicant and appellant consent to a later date.

B.

Notice. A public hearing shall be held if the decision being appealed or reviewed requires a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or as set forth in Section 17.25.112 or 17.25.113 pursuant to Section 17.25.116 of this title.

C.

Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. The appellate body shall consider only the substantially same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the appeal. The appellate body's review shall be based upon the same standards as those of the lower decision-making body.

D.

Decision. The appellate body shall affirm, modify or reverse the original decision or may refer it back to the lower decision-making body for reconsideration. When a decision is modified or reversed, the appellate body shall state the basis for modification or reversal. Decisions on appeals shall be rendered within thirty calendar days of the close of the hearing.

(Ord. 695 § 3, 2003)

A.

A decision of the planning commission or zoning administrator is appealable except when the decision has been prescribed as final in the individual section, which authorized the action. If the decision has been prescribed as final, then it becomes final on the date of the decision.

B.

A decision by the planning commission regarding an appeal shall become final ten calendar days after the date of the decision, unless appealed to the city council. A decision by the zoning administrator shall become final ten days after the date of the decision unless appealed to the planning commission.

(Ord. 695 § 3, 2003)

Following denial of an appeal, the city shall not consider any matter that is the same or substantially the same within one year, unless the denial is made without prejudice.

(Ord. 695 § 3, 2003)

The regulations contained in this section establish procedures for the enforcement of this title.

(Ord. 695 § 3, 2003)

All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

(Ord. 695 § 3, 2003)

The director of public safety and the building official, and/or their designees, shall be the Code Enforcement Officials responsible for the enforcement of this title.

In the discharge of his or her duties the code enforcement official shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection subject to the procedure and methods specified by the city in Chapter 1.12 of the Rohnert Park Municipal Code.

(Ord. 695 § 3, 2003)

A.

Every act prohibited or declared unlawful and every failure to perform an act required by the provisions of this title by any person(s) shall be guilty of an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense as set forth in Chapter 1.25. The fourth and any additional violations within any twelve consecutive month period may be charged as a misdemeanor pursuant to Chapter 1.16 of the Rohnert Park Municipal Code.

B.

Any violation of any provision of this title shall be punished by administrative penalties as prescribed in Chapter 1.25 of the Rohnert Park Municipal Code.

C.

In addition to any other remedy provided by the Rohnert Park Municipal Code or by state law or any other law, the city may commence action or proceedings for the abatement, removal and enjoinment of any violation of this title in the manner provided by law.

D.

In addition to the penalties and remedies set forth above, anyone violating a provision(s) of this title, or failing to comply with the mandatory requirements of said title, shall be subject to having any other related permits or licenses revoked by the city of Rohnert Park for said violation.

(Ord. 695 § 3, 2003)

Permits or a variance issued under this title may be revoked or modified in accordance with the provisions of Chapter 17.25 Article XIV of this title.

(Ord. 695 § 3, 2003)

The penalties or remedies provided for in this section are cumulative to any other penalty or remedy allowed by the city of Rohnert Park's Municipal Code or any other applicable law.

(Ord. 695 § 3, 2003)

This section establishes the requirements and procedure for the revocation or modification of any permit or variance granted under this zoning ordinance.

(Ord. 695 § 3, 2003)

A.

Revocation/modification for cause. A permit or variance may be revoked or modified for cause, including the imposition of new conditions upon a finding of any of the following grounds:

1.

The permit or variance was issued on the basis of erroneous or misleading information, misrepresentation, or fraud.

2.

A term of one or more of the conditions of approval of the permit or variance has been violated or relevant other laws or regulations have been violated.

3.

The use or facility for which the permit was granted is so conducted or maintained so as to be detrimental to the public health, welfare, or safety so as to be deemed a nuisance.

4.

There has been a discontinuance of the exercise of the entitlement granted by the permit for one hundred eighty calendar days.

B.

Modification.

1.

Any person who holds a permit or variance granted under this zoning ordinance may apply for a modification by following the same procedure required for the initial application for the permit.

2.

No permit or variance may be modified within twelve months of its issuance nor more than once every twelve months unless determined to be necessary by the planning and community development director. No permit may be modified more than two times from its original issuance.

(Ord. 695 § 3, 2003)

A.

An action to revoke or modify a permit for cause may be initiated by order of the planning commission or city council on its own motion. The order shall set a hearing date for the proposed revocation or modification.

B.

The revocation or modification hearing shall be held before the planning commission with the right of appeal to the city council.

(Ord. 695 § 3, 2003)

The contents of the notice and the notice shall be given in the same manner required for a public hearing to consider approval (see Section 17.25.113). If no notice is required for the original permit, none shall be required for the revocation/modification hearing provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten days prior to the hearing.

(Ord. 695 § 3, 2003)

The person or public body conducting the hearing shall hear testimony of city staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. All written material shall be submitted prior to the hearing unless the person or public body holding the hearing grants permission to submit the written material at later date.

(Ord. 695 § 3, 2003)

The person or body conducting the hearing shall revoke or modify the permit for cause upon making one or more of the findings set forth in subsection 17.25.141.A.

(Ord. 695 § 3, 2003)

Within thirty working days of the conclusion of the hearing, the person or public body that conducted the hearing shall render a decision and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

(Ord. 695 § 3, 2003)

A.

A decision to revoke or modify a permit shall become final ten days after the date of the decision, unless appealed to the planning commission or city council in accordance with Chapter 17.25 Article XII.

B.

A decision rendered by the city council is final and not appealable.

(Ord. 695 § 3, 2003)

The city's right to revoke or modify a permit or variance granted under the zoning ordinance shall be cumulative to any other remedy allowed by this code or any other applicable law.

(Ord. 695 § 3, 2003)