Santa Rosa City Zoning Code
Division 1
Zoning Code Applicability
§ 20-10.010 Title.
Title 20 of the Santa Rosa City Code is and may be cited as the Santa Rosa Zoning Code, hereafter referred to as "this Zoning Code."
(Ord. 3677 § 1, 2004)
§ 20-10.020 Purposes of Zoning Code.
This Zoning Code implements the goals and policies of the Santa Rosa General Plan by classifying and regulating the uses of land and structures within the City of Santa Rosa. In addition, this Zoning Code is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. To fulfill these purposes, it is the intent of this Zoning Code to:
A.
Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community;
B.
Implement the uses of land designated by the Santa Rosa General Plan and avoid conflicts between land uses;
C.
Maintain and protect the value of property;
D.
Conserve and protect the open space, scenic beauty, and other natural resources of the City;
E.
Protect the character, and social and economic stability of residential, commercial, and industrial areas;
F.
Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and
G.
Provide for appropriate citizen participation in the decisions made in compliance with this Zoning Code.
(Ord. 3677 § 1, 2004)
§ 20-10.030 Authority, relationship to General Plan and Design Guidelines.
A.
This Zoning Code is enacted based on the authority vested in the City of Santa Rosa by the State of California, through: the State Constitution; the Planning and Zoning Law; the Subdivision Map Act; the California Environmental Quality Act; other applicable statutes; and the City's Charter.
B.
This Zoning Code and the Zoning Map (Chapter 20-20) are the primary tools used by the City of Santa Rosa to implement the Santa Rosa General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan."
C.
The administration of this Zoning Code in development project review will include review and consideration of the following, provided that the provisions of this Zoning Code shall control in the event of any conflict with the provisions of the following:
(Ord. 3677 § 1, 2004)
§ 20-10.040 Responsibility for administration.
This Zoning Code shall be administered by: the City Council, hereafter referred to as the "Council"; Planning Commission, hereafter referred to as the "Commission"; Design Review and Preservation Board, hereafter referred to as the "DRPB"; Director of the Department of Planning and Economic Development, hereafter referred to as the "Director"; the Zoning Administrator; and the Department of Planning and Economic Development, hereafter referred to as the "Department" in compliance with Title 20 of the City Code and Chapter 20-60 (Administrative Responsibility) of this Zoning Code.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-10.050 Applicability of Zoning Code.
This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Santa Rosa, as provided by this Section.
A.
New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 20-21 (Development and Land Use Approval Requirements) or, where applicable, Chapter 20-61 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B.
Issuance of building or grading permits. The City may issue building, grading, or other construction permits only when:
C.
Subdivision of land. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with: the minimum lot size requirements of Division 2 (Zoning Districts and Allowable Land Uses), any applicable Specific Plan, all other applicable requirements of this Zoning Code, and the City's subdivision regulations.
D.
Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 20-61 (Nonconforming Uses, Structures and Parcels).
Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Code, are in violation of this Zoning Code. These uses and structures shall continue to be in violation unless they conform to the current provisions of this Zoning Code.
E.
Effect of Zoning Code changes on projects in progress. A land use permit or rezoning application that has been accepted by the Department as complete prior to the adoption date of this Zoning Code or any applicable amendment shall be processed according to the development standard and process requirements of this Zoning Code. Applications may be processed according to the development standards of the past Zoning Code upon written instruction made by the applicant or representative, but compliance with all current process requirements is required. The Department must receive the written instruction no later than 30 days after the effective date of this Zoning Code. To be considered eligible for consideration under the past Zoning Code, at least one action must be taken by the review authority no later than 210 days after the effective date of this Zoning Code.
F.
Effect on previously approved Planned Development (PD) or Planned Community (PC) zoning districts. Development approved through the rezoning of a site to the PD or PC zoning districts in compliance with the prior Santa Rosa Zoning Code prior to the effective date of this Section shall be deemed conforming with respect to the requirements of this Zoning Code. The applicable requirements of a PD or PC zoning district shall remain in effect until the Council specifically repeals the previously approved Policy Statement and Development Plan applicable to the development.
G.
Government projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law. While an entitlement permit is not required for a City project, conceptual design review by the Design Review Board is required.
H.
Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Code as may be necessary to promote orderly land use development and the purposes of this Zoning Code.
I.
Other requirements may still apply. Nothing in this Zoning Code eliminates the need for: obtaining any permit, approval, or entitlement required by other provisions of the Municipal Code; or complying with the regulations of any City department, or any County, regional, state, or federal agency.
J.
Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 20-12.020D (Conflicting Requirements).
K.
Effect of Zoning Code changes on Pipeline projects. Approved projects that are diligently pursuing construction, and which propose modifications that do not result in a substantial change to project intensity may be processed for compliance according to the Zoning Code in effect at the time of approval. These may be changes allowed by Zoning Code Section 20-54.060 Changes to an approved project, or similar changes as approved by the applicable review authority.
§ 20-12.010 Purpose of chapter.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan.
(Ord. 3677 § 1, 2004)
§ 20-12.020 Rules of interpretation.
A.
Authority. The Zoning Administrator shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.
B.
Language.
1.
Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to…."
2.
Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.
3.
Number of months. Whenever a time limit in this Zoning Code is specified in months, the number of months shall be deemed to be consecutive months.
C.
Calculations—Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.
1.
Residential density, minimum lot area and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number. For example, the CV zoning district allows a minimum lot area of 20,000 feet for new subdivisions. Therefore, a parcel of 78,000 square feet could be subdivided into a maximum of three parcels, if approved by the review authority (78,000 / 20,000 = 3.9, rounded down to 3).
2.
Floor area ratio. The decimal results of calculations of the floor area ratio on a parcel shall be rounded to the nearest tenth. If the digit to the right of the tenths place (hundredths place) is greater than or equal to five, the tenths place digit is rounded up. If the hundredths place digit is less than five, the tenths place digit remains unchanged (3.46 = 3.5, 3.42 =3.4).
3.
All other calculations. For all calculations required by this Zoning Code other than those described in Subsection C.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.
D.
Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.
1.
Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Division 2 (Zoning Districts and Allowable Land Uses) and the provisions of Division 3 (Site Planning and General Development Standards), the provisions of Division 3 shall control. The provisions of Division 4 (Standards for Specific Land Uses) shall control over any conflicting provisions in Divisions 2 and 3.
2.
Development Agreements, the General Plan or Specific Plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any Development Agreement, the General Plan or a Specific Plan, the requirements of the Development Agreement, the General Plan, or a Specific Plan shall control.
3.
City Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the Zoning Administrator shall determine which provision shall control.
4.
Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E.
Internal cross-references. When a provision of this Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Division, Chapter, Section, or Subsection of this Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:
§ 20-12.030 Procedures for interpretations.
Whenever the Zoning Administrator determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Zoning Administrator shall issue an official interpretation, or refer the matter to the Commission in compliance with Subsection B.
A.
Request for interpretation. The request for an interpretation or determination shall be filed with the Department and shall include all information required by the Department.
B.
Referral of interpretation. The Zoning Administrator has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Zoning Code directly to the Commission for consideration.
C.
Findings, basis for interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable Specific Plan.
D.
Record of interpretations. Official interpretations shall be:
1.
Written, and shall quote the provisions of this Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and
2.
Distributed to the Council, Commission, Director, DRPB, City Manager, City Attorney, City Clerk, and affected Department staff.
Any provision of this Zoning Code that is determined by the Zoning Administrator to need refinement or revision will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Zoning Administrator will maintain a complete record of all official interpretations as an appendix to this Zoning Code, and indexed by the number of the Chapter or Section that is the subject of the interpretation.
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)
§ 20-16.010 Purpose.
The Resilient City Development Measures are intended to address housing needs and economic development within the City following community emergency events including fires and the COVID-19 pandemic.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2)
§ 20-16.020 Application of this chapter.
Notwithstanding any other provisions of the City Code, the following provisions are effective until December 31, 2024, unless otherwise amended by subsequent action of the Council.
§ 20-16.030 Temporary housing.
A.
Temporary housing. Temporary structures for habitation, including, but not limited to, trailers, recreational vehicles, manufactured homes, tiny homes, converted storage containers and similar configurations are permitted on residential and nonresidential parcels with the approval of a Temporary Use Permit, in any zoning district. The approval or conditional approval of a Temporary Use Permit for temporary housing shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).
B.
Application filing and processing.
1.
General. Applications for temporary housing shall be filed and processed in compliance with Chapter 20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section 20-50.050, Application Preparation and Filing, and the following additional information. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G, Findings and decision, below.
2.
Multiple temporary units. For proposals that include group quarters or multiple temporary housing units on a single residential or nonresidential parcel, the application shall also include details of the operations of the use, including, but not limited to, a description of the following:
a.
Number of proposed beds/occupants.
b.
Cooking facilities.
c.
Sanitation facilities and management thereof.
d.
Power source and associated noise mitigation.
e.
Site lighting.
f.
Site security and management, including the number of staff on site at any given time.
g.
Location of proposed parking.
h.
On-going site maintenance.
i.
Duration of temporary housing.
j.
Clean-up/returning the site to its original condition following termination of the use.
C.
Development standards.
1.
Number of units permitted. The number of temporary housing units, either individual, single-family units, or multi-bed/multi-tenant units, permitted on a parcel shall be determined through the Temporary Use Permit process.
2.
Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 20-30.080, Outdoor lighting.
3.
On-site management. For proposals that include group quarters or multiple temporary housing units, with five or more units on a single residential or non-residential property, at least one facility manager shall be on-site between the hours of 8:00 a.m. and 5:00 p.m.
4.
Sanitation facilities. The number of bathrooms and showers required on site shall be determined through the building permit process and shall be consistent with the California Building Code.
5.
Parking. Each temporary housing unit shall provide the number of automobile and bicycle parking spaces required by Table 1-1, except where a greater or lesser number of spaces is required through conditions of approval.
TABLE 1-1—AUTOMOBILE AND BICYCLE PARKING REQUIREMENTS BY HOUSING TYPE | ||
|---|---|---|
Temporary Housing Type | Number of Parking Spaces Required | |
Vehicle | Bicycle | |
One single-family temporary housing unit | 1 space per temporary housing unit | None required |
Multiple temporary housing units | 1 space per temporary housing unit, plus 1 space per on-site staff person | 1 space per 4 temporary housing units |
Group quarters (including multiple beds in a single temporary unit to be occupied by individuals) | 1 space for each 100 sq ft of common sleeping area, plus 1 space per on-site staff person | 1 space per temporary housing unit |
6.
Water and wastewater services. Water and wastewater service shall be available on the site proposed for temporary housing structures unless an alternative source is approved by Santa Rosa Water and complies with any applicable provisions of the California Building Code.
a.
Water. To protect the public water system, the appropriate approved backflow device shall be required. Initial testing certification of backflow devices is required and shall be performed by an entity as determined by the Director of Santa Rosa Water.
b.
Wastewater. To protect public health, connection to the wastewater system is required. The Director of Santa Rosa Water will determine the appropriate connection requirement.
c.
Water and wastewater connection/demand fees shall be waived for any temporary housing units under this ordinance but not beyond the duration of such temporary use. In the event of any such fee waiver, Santa Rosa Water will require an agreement from owner of the underlying property to assure termination of the connections at the expiration of the temporary use.
7.
Electrical service. Electrical services shall be available on the site proposed for temporary housing structures unless an alternate source is approved by the Planning and Economic Development Director and is in accordance with any applicable provisions of the California Building Code. All temporary or permanent electrical service shall be located on the subject site.
8.
Each temporary housing unit shall comply with the applicable Zoning District development standards.
D.
Building permit. A building permit is required for all temporary housing.
E.
Impact fees. The following development impact fees shall be waived for any temporary housing units under this Chapter but not beyond the duration of such temporary use. In the event of any such fee waiver, the Planning and Economic Development Department will require an agreement from the owner of the underlying property to assure termination of the use at the expiration of the temporary use permit.
F.
Rental requirements. Temporary housing shall not be used for rentals with terms of less than 30 days.
G.
Findings and decision. A Temporary Use Permit for temporary housing may be approved by the Director pursuant to Section 20-52.040.G, Findings and decision.
H.
Post approval procedures. Post approval procedures for a Temporary Use Permit for temporary housing shall be as provided by Section 20-52.040.H, Post approval procedures.
I.
Duration of use. The duration of a temporary housing use shall be determined by the Director but shall not extend beyond five years from the date of approval of the Temporary Use Permit. It shall be the responsibility of the property owner to ensure that temporary housing units are vacated in accordance with law on or before expiration of the temporary use permit.
J.
Notification. At least 10 calendar days prior to acting on any Temporary Use Permit application for temporary housing, the Director of Planning and Economic Development shall notify, by mail, all persons or entities as set forth in Section 20.66.020.C.1, Notice of hearing. No public hearing shall be required.
(Ord. 2018-006 § 2; Ord. 2018-019 § 2; Ord. 2020-017 § 2)
§ 20-16.040 Temporary structures and activities.
A.
Temporary structures. Temporary structures for classrooms, child care facilities, offices or other similar uses, including, but not limited to, use of trailers, mobile homes, converted storage containers or other similar configurations, are permitted on residential and nonresidential parcels with the approval of a Temporary Use Permit, in any zoning district.
1.
Application filing and processing. Applications for temporary structures shall be filed and processed in compliance with Chapter 20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section 20-50.050, Application Preparation and Filing. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 3, Findings and Decision, below.
2.
Building permit. A building permit is required for all temporary structures.
3.
Findings and decision. A Temporary Use Permit for temporary structures may be approved by the Director pursuant to Section 20-52.040.G, Findings and decision.
4.
Post approval procedures. Post approval procedures for a Temporary Use Permit for temporary structures shall be as provided in Section 20-52.040.H, Post approval procedures.
5.
Duration of use. The duration of a temporary structures use shall be determined by the Director but shall not extend beyond five years from the date of approval of the Temporary Use Permit. It shall be the responsibility of the property owner to ensure that temporary structures are vacated in accordance with law on or before expiration of the temporary use permit.
B.
Temporary activities.
1.
Time extension. Temporary Use Permits issued pursuant to City Code Section 20-52.040.D, Temporary Use Permit, allowed temporary activities, shall be eligible for one 12-month extension through a Zoning Clearance approved by the Director.
2.
Number of events allowed.
a.
Temporary Use Permits issued pursuant to Section 20-52.040.D.3, Events, shall be eligible for up to 21 consecutive days, or 36 weekend days, within a 12-month period when conducted on nonresidential properties. Events considered under this subsection include, but are not limited to, arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets.
b.
Temporary Use Permits issued pursuant to Section 20-52.040.D.6, Temporary Auto Sales, for the temporary outdoor sales of motorized vehicles on any paved site within a CG, CV or CSC zone, shall be eligible for a period of three days every month, not to exceed 36 days within a 12-month period.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2; Ord. 2021-012 § 4)
§ 20-16.050 Accessory dwelling units.
Except as identified herein, accessory dwelling units shall comply with the requirements of Section 20-42.130, Accessory dwelling units, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Issuance of certificate of occupancy. Notwithstanding other provisions of this Zoning Code, an accessory dwelling unit within any residential zoning district may be constructed and occupied prior to the construction of a single-family dwelling on the same parcel, provided that a building permit for the single-family dwelling shall be submitted, and diligently pursued to completion.
B.
Existing accessory dwelling units constructed without permits. Applications to legalize an existing accessory dwelling unit that was constructed without the benefit of permits shall be subject to the same fees required for construction of a new accessory dwelling unit.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2)
§ 20-16.060 Reduced review authority for certain uses.
A.
Notwithstanding any other provision of this Code, the following uses shall be allowed by right within the zones identified and described herein, Citywide, and shall therefore not require a use permit; except as provided for in Subsection A.2.b, Child Day Care Center, Residential Zoning Districts:
1.
Child Day Care – Large Family Day Care Home (a home that regularly provides care, protection and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home), is hereby a permitted use in all zoning districts Citywide without requirements of a use permit.
2.
Child Day Care Center (a commercial or non-profit day care facility designed and approved to accommodate 15 or more children such as an infant center, preschool, sick-child center, and school-age day care facility).
a.
Nonresidential zoning districts. Child day care center is hereby a permitted use within the Commercial Office (CO), Neighborhood Commercial (CN), General Commercial (CG), Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Community Shopping Center (CSC), commercial Planned Development (PD), Transit Village Mixed (TV-M), Business Park (BP), Light Industrial (IL), and Public and Institutional (PI) Zoning Districts, without a use permit.
b.
Residential zoning districts. Child day care center is hereby permitted with a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3) Districts and associated residential Planned Development Districts Citywide.
B.
Notwithstanding any other provision of this Code, the following uses shall be allowed by right within the zones identified and described herein and only on properties located within one of the City's Priority Development Areas, as identified in Figure 1-1, and shall therefore not require a use permit:
1.
Agricultural Employee Housing – 7 or More Residents, is hereby a permitted use within the Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), and Transit Village-Residential (TV-R) Districts and associated multi-family residential Planned Development Districts, without requirements of a use permit.
2.
Community Care Facility – 7 or More Clients, is hereby a permitted use within the Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Transit Village-Residential (TV-R), Office Commercial (CO), General Commercial (CG), Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), and Transit Village-Mixed (TV-M) Districts and associated multi-family residential and nonresidential Planned Development Districts, without requirements of a use permit.
3.
Duplexes (two-unit), which are defined in Section 20-70.020, Definitions of specialized words and phrases, as "multi-family dwellings," are hereby permitted uses within the Rural Residential (RR), Single-Family Residential (R-1) Districts and associated single-family and rural residential Planned Development Districts, without requirements of a use permit.
All other multi-family dwellings, including triplexes, fourplexes and apartments shall require the approval of a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1) Districts and associated single-family and rural residential Planned Development Districts.
4.
Mobile Home Park is hereby a permitted use within the Mobile Home Park (MH) District, without requirements of a use permit.
5.
Multi-Family Dwelling is hereby a permitted use within the General Commercial (CG), and associated commercial Planned Development Districts, without requirements of a use permit.
6.
Residential Component of a Mixed-Use Project is hereby a permitted use within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Transit Village-Residential (TV-R), Office Commercial (CO), General Commercial (CG), and associated multi-family residential and nonresidential Planned Development Districts, without requirements of a use permit.
7.
Single-Family Dwelling is hereby a permitted use within the single-family and rural residential Planned Development Districts, without requirements of a use permit.
C.
Notwithstanding any other provision of this Code, the following uses shall be allowed with the approval of a Minor Use Permit within the zones identified and described herein, and only on properties located within one of the City's Priority Development Areas, as identified in Figure1-1:
1.
Community Care Facility – 6 or Fewer Clients is hereby permitted with the approval of a Minor Use Permit within the Public Institutional (PI) District and associated nonresidential Planned Development Districts.
2.
Community Care Facility – 7 or More Clients, is hereby permitted with the approval of a Minor Use Permit within the Public Institutional (PI) District and associated nonresidential Planned Development Districts.
3.
Emergency Shelter for Facilities with 10 or Fewer Beds, is hereby permitted with the approval of a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Mobile Home Park (MH), Transit Village-Residential (TV-R) and associated residential Planned Development Districts. Emergency Shelters for facilities with 10 or more beds shall require a Conditional Use Permit as identified in Section 20-22.030, Table 2-2, Allowed Land Uses and Permit Requirements for Residential Zoning Districts.
4.
Emergency Shelter is hereby permitted with the approval of a Minor Use Permit within the Business Park (BP), Light Industrial (IL), General Industrial (IG), and Public Institutional (PI) Districts and associated nonresidential Planned Development Districts.
5.
Emergency Shelter – 50 or Fewer Beds, is hereby permitted with the approval of a Minor Use Permit within the Office Commercial (CO), Neighborhood Commercial (CN), Motor Vehicle Sales (CV), Core Mixed Use (CMU), Community Shopping Center (CSC), and Transit Village-Mixed (TV-M) Districts and associated nonresidential Planned Development Districts.
6.
Emergency Shelter – 51 or More Beds, is hereby permitted with the approval of a Minor Use Permit within the Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Motor Vehicle Sales (CV), Core Mixed Use (CMU), Community Shopping Center (CSC), and Transit Village-Mixed (TV-M) Districts and associated nonresidential Planned Development Districts.
7.
Mobile Home Park is hereby permitted with the approval of a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3) and associated residential Planned Development Districts.
8.
Mobile Home/Manufactured Housing is hereby permitted with the approval of a Minor Use Permit within the Business Park (BP) and associated nonresidential Planned Development Districts.
9.
Multi-Family Dwelling is hereby permitted with the approval of a Minor Use Permit within the Office Commercial (CO), and Business Park (BP) Districts and associated nonresidential Planned Development Districts.
10.
Single-Family Dwelling is here by permitted with the approval of a Minor Use Permit within the Business Park (BP) and associated nonresidential Planned Development Districts.
11.
Single-Family Dwelling – Attached Only, is hereby permitted with the approval of a Minor Use Permit within the Office Commercial (CO), and General Commercial (GC) Districts and associated nonresidential Planned Development Districts.
12.
Single Room Occupancy Facility is hereby permitted with the approval of a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Transit Village-Residential (TV-R), General Commercial (GC), Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), and Community Shopping Center (CSC) Districts and associated residential and nonresidential Planned Development Districts.
13.
Small Lot Residential Project is hereby permitted with the approval of a Minor Use Permit within the Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), and Transit Village-Residential (TV-R) Districts and associated residential Planned Development Districts.
D.
Consolidated review for certain projects. The intent of this section is to allow the Director to elevate certain projects with requests for multiple entitlements to the highest review authority required.
1.
Any project that requires multiple entitlements where at least one entitlement requires review by the Zoning Administrator (including, but not limited to, Minor Use Permit, Minor Hillside Development Permit, Minor Variance, Request for Reasonable Accommodation, Sign Variance, and Small Lot Use Permits in the -RC combining district), and where at least one entitlement requires review by the Planning Commission, may hereby be elevated by the Director to the Planning Commission or City Council for review.
2.
Any project that requires multiple entitlements where at least one entitlement requires review by the Subdivision Committee and where at least one entitlement requires review by the Planning Commission may hereby be elevated by the Director to the Planning Commission or City Council for review.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
§ 20-16.070 Modifications to the Design Review process.
A.
Design Review for child care, lodging and residential development. Subsections 1 through 4, below, apply to the following uses: "child care day care," "lodging – bed & breakfast inn (B&B)," "lodging – hotel or motel," "mixed-use development (that includes a residential component)," "multi-family residential," and "single-room occupancy facility."
1.
Subject to the provisions of Subsection A.2 below, Design Review approval for new development and major remodels, with the exception of projects located within the Historic (-H) combining district, that meet the following criteria, are hereby delegated to the Zoning Administrator, through the Minor Design Review process, on sites zoned for such uses:
a.
Projects that are located within one of the City's Priority Development Areas as identified in Figure 1-1, Priority Development Areas.
 Figure 1-1 – Priority Development Areas |
• | Downtown Station Area (College Avenue to the north, Brookwood Avenue to the east, Sebastopol Avenue/Sebastopol Road and California State Route 12 to the south, and Dutton Avenue and Imwalle Gardens to the west). |
• | Mendocino/Santa Rosa Avenue Corridors (area within one-quarter mile along either side of the street corridor, from the northern city limit line to the southern City limit line). |
• | North Station (Paulin Creek to the north, U.S. Route 101 and Santa Rosa Junior College/Santa Rosa High School to the east, West College Avenue to the south, and Ridley Avenue to the west). |
• | Roseland (California State Route 12 and Sebastopol Avenue/Sebastopol Road to the north, Bellevue Avenue to the south, U.S. Route 101 to the east, and Stony Point Road to the west). |
• | Sebastopol Road Corridor (area within one-quarter mile of a mile along either side of the street corridor, from U.S. Route 101 to the western City limit line). |
2.
Prior to submittal of an application for Design Review by the Zoning Administrator, Concept Design Review by the Design Review Board shall be required for new development and major remodels that involve 10,000 square feet or more in total floor area, or are within a visually sensitive location as defined by Section 20-52.030, Design Review, Table 5-2 (Design Review Authority and Notice Requirements), subject to City the requirements of Section 20-50.040, Concept Review.
3.
Pre-application neighborhood meeting. Prior to submittal of an application for Design Review by the Zoning Administrator, a pre-application neighborhood meeting shall be required in compliance with Section 20-50.050.A, Pre-Application Neighborhood Meeting Required.
4.
Review authority referral. The Zoning Administrator may defer any decision and refer the request to the Design Review Board, pursuant to Section 20-50.020, Authority for Land Use and Zoning Decisions.
5.
Projects located within the Historic (-H) Combining District. Any project located within the -H Combining District shall comply with the requirements of Section 20-58.060.C.3, Design Review.
6.
Appeals. Any appeal from a decision by the Zoning Administrator under this section shall be heard and determined by the City Council.
B.
Final Design Review for all projects requiring review by the Design Review Board is hereby delegated to the Director of Planning and Economic Development, following Preliminary Design Review approval by the Design Review Board.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
§ 20-16.080 Changes to an approved residential, lodging or child care facility project.
Development or a new land use related to single or multi-family residential projects, residential small lot subdivisions, lodging or child care facilities, authorized through a permit or approval granted in compliance with Chapter 20-52 (Permit Review Procedures) of this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved as follows.
A.
Application. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved single or multi-family residential, residential small lot subdivision, lodging or child care facilities.
B.
Planning and Economic Development Director action. The Director of Planning and Economic Development may authorize one or more changes to an approved site plan, architecture, or the nature of the approved single or multi-family residential, residential small lot subdivision, lodging or child care land use where the Director first finds that the changes:
1.
Are consistent with all applicable provisions of this Zoning Code;
2.
Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3.
Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (i.e., the Commission or Council) in the project approval; and
4.
Do not result in an expansion of the single or multi-family residential, residential small lot subdivision, lodging or child care land use and/or activity.
The Director may choose to refer any requested change to the original review authority for review and final action. |
C.
Notification. At least 10 calendar days prior to taking action on any proposed changes to an approved single or multi-family residential, residential small lot subdivision, lodging or child care facility project, the Director of Planning and Economic Development shall notify, by mail, all persons or entities as set forth in Section 20-66.020.C.1. No public hearing shall be required.
(Ord. 2018-012 § 2)
§ 20-16.090 Zoning Administrator meetings and hearings.
A.
Except as identified herein, the day and time of Zoning Administrator meetings shall be determined by the Director.
B.
Any project submitted pursuant to this chapter may be elevated by the Director to a Zoning Administrator public hearing which shall be held, as needed, at or after 5:00 p.m. The applicant shall be responsible for the Zoning Administrator public hearing fee identified in the current Planning and Economic Development Department Fee Schedule.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
§ 20-16.100 Appeal fees.
Fees for appeals of actions taken pursuant to this chapter by a neighbor or non-applicant, to any appeal body, shall be 50 percent of the appeal fee identified in the Planning and Economic Development Departments Fee Schedule.
(Ord. 2018-012 § 2)
§ 20-16.110 Annual review.
Notwithstanding any other provisions of the City Code, the City Council will receive an annual report on the implementation of Section 20-16.060, Reduced review authority for certain uses, Section 20-16.070, Modifications to the Design Review process, and Section 20-16.080, Changes to an approved residential, lodging or child care facility project, in order to consider whether any changes are needed.
(Ord. 2018-012 § 2)
§ 20-16.120 Continuance of nonconforming uses.
Notwithstanding any other provisions of this Code, legal nonconforming uses of structures meeting current building and fire code standards may be reoccupied with a similar or less intensive use, provided that:
A.
Enlargement or expansion of the use is not allowed; and
B.
Reoccupancy commences within 12 months of prior nonconforming use or the legal nonconforming status shall terminate, and the property shall thereafter be subject to all current City Codes.
(Ord. 2019-001 § 2; Ord. 2020-017 § 2)
§ 20-16.130 Mobile food vending.
Notwithstanding any other provisions of the City Code, mobile food vending may be permitted to operate by Minor Conditional Use Permit on private property located within Commercial Office (CO), Neighborhood Commercial (CN), General Commercial (CG), Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Community Shopping Center (CSC), commercial Planned Development (PD), Motor Vehicle Sales (CV), Light Industrial (IL), General Industrial (IG), Transit Village Mixed (TV-M), and Public/Institutional (PI) zoning districts subject to the following regulations:
A.
Permit requirements.
1.
Minor Conditional Use Permit. Mobile food vending shall require the approval of a Minor Conditional Use Permit. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this Section (see Santa Rosa City Code Section 6-48.050, Street Vendor Regulations, and California Senate Bill No. 946, as specified in Government Code Sections 51036 – 51039, Sidewalk Vendors).
2.
Business Tax Certificate. Every mobile food vendor shall obtain a Business Tax Certificate prior to operation.
3.
Sonoma County Environmental Health. A valid permit from the Sonoma County Environmental Health Department is required.
4.
Building Division and Fire Department. All necessary permits and approvals from the Building Division and the Fire Department shall be obtained prior to operation of a mobile food vending facility.
5.
Permit and license display. At all times while vending, a valid business license and Minor Conditional Use Permit shall be displayed at the mobile food vending site.
B.
Location, concentration and hours of operation.
1.
Location. No mobile food vendor shall locate within 300 feet of any residential use or as determined by the Minor Use Permit.
2.
Concentration. No mobile food vendor shall locate within 200 feet of another approved mobile food vending location on a separate parcel as measured between the mobile food vendors. Multiple mobile food vendors may be permitted on a single parcel, as determined by the Minor Use Permit.
C.
Standards and design criteria. The following standards and design criteria shall apply to all mobile food vendors:
1.
Mobile food vending shall be conducted entirely upon private property and not within any public right-of-way;
2.
The proposed location is on an improved property that is entirely paved and does not interfere with the operation of any approved uses on the site;
3.
Mobile vendors shall maintain their immediate sales location in a clean and hazard free condition;
4.
Mobile vendors shall maintain covered garbage, recycling, and compost container(s) immediately adjacent to the vending location for customer use;
5.
Applications for mobile food vending shall include the location and description of any proposed outdoor dining area, including tables, chairs and shade structures;
6.
No mobile vendor shall use, play or employ any sound outcry, amplifier, loudspeaker, radio or any other instrument or device to produce sound in connection with the promotion of a vending operation;
7.
Outdoor music is permitted consistent with the normally acceptable decibel levels outlined in the Noise and Safety Element of the Santa Rosa General Plan, and as determined by the Minor Conditional Use Permit;
8.
An agreement for the use of properly operating restroom facilities within 200 feet of the mobile food vendor location shall be maintained at all times;
9.
All signage shall be located on the vending equipment and is subject to the requirements of Chapter 20-38, Signs;
10.
No mobile food vendor shall sell alcoholic beverages or cannabis products;
11.
Mobile vendors cooking food shall at all times maintain a working fire extinguisher(s) of the appropriate type and rating at the vending location;
12.
Mobile food vendors operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking spaces for the principal use on the property; and
13.
After the permitted hours of operation, all mobile vending equipment, including the mobile unit itself and any associated dining furniture, shall be stored off site or within an approved, enclosed structure on site.
E.
Existing mobile food vendors. Mobile food vendors located on Sebastopol Road, between Stony Point Road and Olive Street, which obtained a Use Permit from the County of Sonoma's Permit and Resource Management Department prior to the City's annexation of Roseland may continue as permitted. Hours of operation for mobile food vendors approved by the County of Sonoma shall be between 5:00 a.m. and 1:00 a.m. Sunday through Thursday, and between 5:00 a.m. and 3:00 a.m. on Fridays and Saturdays.
(Ord. 2020-002 § 2; Ord. 2020-017 § 2)
§ 20-16.140 One-time, 12-month extension for tentative maps and associated entitlements.
A.
One-time map extension. Notwithstanding any contrary provisions of this Code, the expiration date of any tentative subdivision map, vesting tentative subdivision map or parcel map for which a tentative map or vesting tentative map has been approved, that has not expired as of October 9, 2017, shall be extended by 12 months. This automatic extension shall substitute for one extension under Code Section 19-28.030 and shall not increase the total number of extensions allowed under the Code.
B.
Concurrent land use approvals. Notwithstanding any contrary provisions of this Code, for maps extended pursuant to subsection (A), above, any discretionary land use approval that was granted in conjunction with the subdivision map, vesting tentative subdivision map or parcel map for which a tentative map or vesting tentative map has been approved, and that has not expired as of October 9, 2017, shall be extended by 12 months consistent with the extension granted pursuant to subsection (A) above.
(Ord. 2021-012 § 6)
§ 20-16.150 Second, 12-month extension for tentative maps and associated entitlements.
A.
Tentative subdivision maps, vesting tentative subdivision maps, and tentative parcel maps that have been approved or conditionally approved and have not expired as of October 9, 2017, and were extended by City Council Ordinance No. ORD-2019-001 for one year, would be automatically extended by one additional year, provided such extension would not exceed the maximum number of extensions allowed under the Subdivision Map Act and City Code.
B.
Discretionary land use approvals that have been approved in conjunction with the map approval and have not expired as of October 9, 2017 and were extended by City Council Ordinance No. ORD-2019-001 for one year, would be automatically extended by one additional year, consistent with the extended tentative subdivision map, vesting tentative subdivision map or tentative parcel map.
(Ord. 2021-012 § 7)