A.

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 charged pursuant to special assessments or benefit assessment district proceedings, etc., unless so specified.

B.

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 this 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 nonresidential uses will reduce the cost of the residential development and if the city determines that the nonresidential 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.

"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 this 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:

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.

C.

For-sale Residential Development Projects: Inclusionary Requirements.

1.

In a for-sale residential development project of over fifty 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 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 Section 17.08.010(F).

2.

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.

3.

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 Section 17.08.010(D) or pay the in-lieu fee specified in subsection 17.08.010(F) for such fraction.

4.

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.

5.

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.

6.

Affordable units shall be dispersed throughout the residential project unless an alternative design, which furthers affordable housing opportunities, approved by the city council.

7.

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.

8.

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:

a.

The term of any and all agreements shall be a minimum of ninety-nine years.

b.

The maximum sales price of any affordable unit shall not exceed an affordable sales price.

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.

d.

The current owner may be required to pay a transfer fee for any change of ownership during the term of the agreement.

D.

For-sale Residential Development Project: Alternative Equivalent Action.

1.

A developer of a for-sale residential development project may propose to meet the requirements of 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 Section 17.08.010(C).

2.

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.

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.

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.

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 Section 17.08.010(C)(8). Second dwelling units shall only be allowed for meeting the affordability requirements for very-low and low-income households.

E.

Affordable Housing Concessions or Incentives.

1.

For-sale residential projects which meet or exceed the requirements specified in Section 17.08.010(C) and/or for rental residential projects that propose to include 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.

a.

An additional density bonus or other incentives of equal financial value subject to the city council's review and approval.

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.

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.

d.

Deferral of payment of all city-required fees on market rate units until issuance of a certificate of occupancy.

e.

Any additional concessions or incentives consistent with state law and the housing element of the city of Rohnert Park general plan.

F.

Housing In-Lieu Fee.

1.

Developers of for-sale residential projects proposing fifty 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.

2.

Unless otherwise preempted by law, the housing in-lieu fee shall be paid prior to the issuance of a building permit.

3.

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.

G.

Rental Affordable Housing Fee.

1.

Developers of all new rental residential development projects must pay a rental affordable housing fee in the amount set forth by the city council.

2.

Unless otherwise preempted by law, the rental affordable housing fee shall be paid prior to the issuance of a building permit.

H.

Exceptions. Section 17.08.010 shall not apply to a residential development project which falls into one or more of the following categories:

1.

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.

2.

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.

3.

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.

4.

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.

I.

Adjustment or Waiver Procedures.

1.

A developer of any project subject to the requirements of [Section] 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.

2.

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.

3.

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.

4.

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.

5.

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.

J.

Use of Affordable Housing Fees.

1.

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.

2.

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, 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:

a.

Acquisition of property and property rights;

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;

c.

Reimbursement to the city for eligible costs if funds were advanced by the city from other sources;

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;

e.

Subsidies and counseling for qualifying households;

f.

Assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities for qualifying households; and

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.

K.

Enforcement Provisions.

1.

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.

2.

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.

3.

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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

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:

"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 this 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; 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.

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-year term commencing upon the issuance of certificates of occupancy. The form of the affordable housing agreement shall be approved by the city attorney.

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-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-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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

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 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 one hundred 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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

A.

Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be a permitted use on any lot zoned to allow for single-family or multi-family residential uses, including mixed-use zones, subject to the requirements of this subsection.

B.

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 66341. 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.

C.

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.

D.

General Design Requirements. The following standards shall apply to ADUs or JADUs, unless the streamlining provisions and exemptions set forth in Section 17.08.040(E) are applicable:

1.

The ADU or JADU shall also comply with any objective standards in the city's adopted design guidelines for residential development.

2.

The maximum square footage of interior livable space for either an attached or detached ADU shall be:

a.

Eight hundred fifty square feet for an ADU with one bedroom or less.

b.

One thousand square feet for an ADU with two bedrooms or more.

c.

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.

3.

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.

4.

No passageway shall be required in conjunction with the construction of an ADU.

5.

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.

6.

The following height limits shall apply:

a.

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.

b.

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.

c.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multistory dwelling.

d.

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.

7.

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.

8.

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.

E.

Streamlining Provisions and Exemptions. Except as provided for in this section no more than one ADU and one JADU shall be permitted per single-family, multi-family or mixed use lot in compliance with all other requirements in this section. Notwithstanding the foregoing limitation or anything in this code to the contrary, the zoning administrator and building official shall cause certificates of zoning compliance and building permits to be ministerially approved for the following projects:

1.

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:

a.

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.

b.

The ADU or JADU has exterior access that is separate from the exterior entrance for the proposed or existing single-family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The JADU, if applied for, meets all the requirements for JADUs outlined in this section.

2.

For a lot with a proposed or existing single-family dwelling, one detached ADU 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.

c.

The detached ADU may be combined with the JADU, described in Section 17.08.840(E)(1), provided all requirements for JADUs outlined in this section are met.

3.

For a lot with an existing multi-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:

a.

Four-foot side and rear yard setbacks are maintained.

b.

The total height complies 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.

F.

Additional Requirements for Junior Accessory Dwelling Units.

1.

The maximum interior 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 17.08.840(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.

2.

Utilities may be shared with the primary dwelling unit.

3.

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.

4.

A JADU shall include an efficiency kitchen, with the following minimal requirements:

a.

A sink with a maximum waste line diameter of one and one-half inches;

b.

A cooking facility with appliances that do not require electrical service greater than one hundred twenty volts, natural gas, or propane gas; and

c.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

5.

Owner occupancy shall be required for each JADU that has shared sanitary facilities with the primary dwelling. 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.

6.

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:

a.

If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, owner occupancy of either primary dwelling or JADU shall be required.

b.

The JADU is restricted to the size and attributes approved by the city.

c.

A prohibition on sale of the JADU separate from the primary dwelling, and notice to future purchasers regarding the enforcement of this restriction.

4.

No JADU shall be rented for a period of fewer than thirty consecutive days.

5.

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.

G.

Parking Requirements.

1.

No parking shall be required for a new ADU or JADU.

2.

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.

H.

Capacity, Connection and Impact Fees.

1.

Except for the case where an ADU or JADU is constructed within an existing single-family dwelling unit in accordance with Section 17.08.840(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.

2.

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.

3.

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.

4.

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.

I.

No certificate of occupancy for an ADU or JADU shall be issued before a certificate of occupancy has been issued for the primary dwelling.

J.

No ADU or JADU shall be rented for a period of fewer than thirty consecutive days.

K.

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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

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:

1.

Allow the reuse of existing buildings as live/work space.

2.

Allow for the construction of new buildings specifically designed for live/work.

3.

Ensure that the permitted commercial uses shall not be interfered with or compromised by the live/work uses allowed under these regulations.

B.

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.

C.

Live/Work Standards. Live/work buildings shall comply with the following standards:

1.

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.

2.

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.

3.

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.

4.

The yard/setback requirements shall be the same as the base zoning designation.

5.

The height limit requirements shall be the same as the base zoning designation.

6.

The permitted work activities shall be in accordance with the base zoning designation.

7.

The reuse of existing commercial or industrial buildings for live/work occupancy shall not necessarily constitute a change of use.

8.

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.

9.

The live/work use must be in compliance with all applicable performance standards.

10.

The living space shall not be rented separately from the working space.

11.

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).

12.

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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

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:

1.

Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of one hundred fifty square feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five square feet and no individual unit may exceed four hundred square feet;

2.

Each SRO living unit shall be designed to accommodate a maximum of two persons;

3.

An SRO living unit may contain partial kitchen facilities that are built-in and approved by the building department;

4.

Individual SRO living units shall not have separate external entryways;

5.

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;

6.

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;

7.

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;

8.

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;

9.

A closet and separate storage space, as approved by the development services director, is required in every SRO living unit facility;

10.

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;

11.

The SRO living unit facility shall provide interior common space at a minimum of four square feet per unit. An SRO living unit facility must provide at least two hundred square feet 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.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

A.

The conversion of a residential use to a nonresidential 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 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).

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)

A.

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:

1.

Establish criteria for the conversion of existing multiple family rental housing to condominiums, community apartments, stock cooperatives, and any similar subdivision;

2.

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;

3.

Assure that purchasers of converted housing have been properly informed of the physical condition of the structure being offered for purchase;

4.

Ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the city;

5.

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;

6.

Maintain a supply of rental housing for low and moderate income persons; and

7.

Ensure that the conversion of rental housing incorporates affordability opportunities for families of low- and moderate-income households.

B.

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.

1.

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.

2.

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:

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.

b.

A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

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.

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.

3.

Development Plan. The plan shall include the following information:

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;

b.

The location and size of parking facilities to be used in conjunction with each condominium unit and any applicable guest parking;

c.

Location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;

d.

Location, height, and type of material for existing and proposed walls and fences;

e.

Location of all landscaped areas, types of landscaping and statement specifying the method of maintenance to be used;

f.

The location and description of recreational facilities and a statement specifying method of maintenance;

g.

A lighting plan;

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;

i.

Location and type of the nearest fire hydrant;

j.

Location, type and size of all on-site and adjacent street overhead utility lines;

k.

Existing and proposed exterior elevations;

l.

Any other information required by the department.

4.

Organizational Documents.

a.

Documents establishing a homeowner's association;

b.

A summary of proposed management, occupancy and maintenance requirements and responsibilities, of individual owners and the homeowner's association;

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;

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;

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 for such purposes. The maintenance plan shall include the establishment of a contingency fund for major repairs and extraordinary expenses;

5.

Demographic Information. Specific information concerning the demographic characteristics of the project, including, but not limited to, the following:

a.

Square footage and number of rooms in each unit;

b.

Rental rate history for each type of unit for the previous five years;

c.

Monthly vacancy rate for each month during the preceding five years;

d.

Makeup of existing tenant households, including family size, length of residence, age of tenants, and any federal or state rent subsidies received;

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;

f.

Proposed sale price of units;

g.

Proposed homeowners' association fee;

h.

Financing available for the purchase of the units; and

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.

6.

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.

7.

Notice of Intent to Convert. Signed copies from each tenant of the notice of intent to convert, as specified in subsection [(I)](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.

8.

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.

C.

Additional Requirements and Procedures.

1.

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.

2.

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 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 condominium complexes. The management firm shall submit a statement of professional qualifications.

3.

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.

4.

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.

D.

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:

1.

Actual sale price of unit;

2.

Whether prior tenants purchased units;

3.

Whether unit were purchased with intent to be used as rentals; and

4.

That affordable units shall comply with the affordability requirements of the inclusionary housing requirements contained in subsection N of this section.

E.

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 [(I)](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:

1.

Before submitting the final map, the owner shall request that an inspection of the premises be made by the city for conformance with subsection [(I)](6) of this section.

2.

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 corrections required to conform to the requirements of this section and any other applicable code requirements.

3.

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.

4.

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.

F.

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.

1.

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.

2.

Health and Safety.

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.

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.

3.

Fire Prevention.

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.

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.

c.

Fire Sprinkler System. Fire sprinkler systems shall be installed in compliance with current NFPA standards.

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.

4.

Sound Transmission.

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.

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.

5.

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.

6.

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.

7.

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.

8.

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.

9.

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.

10.

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.

11.

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.

G.

Tenant Provisions.

1.

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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

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 [Section] 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 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.

7.

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.

8.

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.

H.

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.

I.

Findings. In approving an application for a condominium conversion the planning commission shall make each of the following findings:

1.

All provisions of this article are met;

2.

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;

3.

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;

4.

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety;

5.

The proposed project will not result in a shortage of rental housing within the city;

6.

The proposed conversion will result in an increase in lower-cost home ownership opportunities within the city;

7.

Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion;

8.

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

9.

The project satisfies the requirements of Government Code Section 66427.1, Tenant Notification requirements.

(Ord. No. 991, § 4(Exh. A, § 27), 1-27-2026)