Ord- 2025-011_0

§ 20-30.010 Purpose of chapter.

§ 20-30.020 Applicability.

§ 20-30.030 Building site requirements.

§ 20-30.040 Creekside development.

A. 

Purpose. This section requires minimum setbacks from waterways for new structures, to provide reasonable protection to owners of riparian property and the public from the hazards of stream bank failures and flooding, while allowing owners of property near waterways reasonable use of and the opportunity to improve their properties consistent with general safety.

B. 

Applicability. No structure, including buildings of any type, including overhangs, cantilevered portions, second story additions to single-story structures, swimming pools, including prefabricated swimming pools, driveways, streets, parking areas, patios, platforms, decks, fences, liquid storage tanks, mobile homes, broken concrete rubble, earth fill or other structural debris fill, or retaining walls, shall be placed within the creekside setbacks required by this Section.

1. 

Existing structures. An existing, lawfully constructed structure that is located within a setback required by this Section is subject to the requirements for nonconforming structures in Chapter 20-61 (Nonconforming Uses, Structures, and Parcels).

2. 

Exceptions. This section shall not apply to: Paved or unpaved trails, both private and public, Storm drainage, erosion control, and creekbank stability improvements that have been approved as required by law by the governmental agencies having jurisdiction over them.

3. 

Design guidelines. See also Section 4.4 (Creeks, Riparian Corridors, and Storm Drainage) of the City's Design Guidelines.

C. 

Definitions. Definitions of the technical terms and phrases used in this section may be found in Division 7 (Glossary), under "Waterway."

D. 

Creekside setback requirements.

1. 

Waterway with defined bank. The exterior boundary of the setback area on each side of a natural or modified natural waterway shall be 50 feet from the top of the highest bank on that side of the waterway, as determined by the Director. When the bank of a natural or modified natural waterway is steeper than 2.5:1, the exterior setback boundary shall be measured by the projections of a slope of 2.5:1 from the toe of the stream bank to ground level, plus 50 feet. See Figure 3-1.

2. 

Waterway without defined bank. The exterior boundary of the setback area adjacent to the side of a natural or modified natural waterway, where the top of the stream bank is not defined, shall be 50 feet, measured horizontally, from the established 100-year storm freeboard level. See Figure 3-2.

Figure 3-1 – Setback with defined bank (see exceptions Section 20-30.040.D.4.)

Figure 3-2 – Setback without defined bank (see exceptions Section 20-30.040.D.4.)

3. 

Channelized waterway. Where a fully channelized waterway exists, structures may be closer to the top of the bank than a distance of 2.5 times the depth of the bank plus 50 feet, subject to the following standards: the setback encroachment will not obstruct or impair the channel's hydraulic functions; impede City or Sonoma Water access or maintenance of the channel; impair the stability of the slope, bank, or maintenance of the channel; or impair the stability of the slope, bank, or creekbed fountain, all as determined by and approved by the Planning and Economic Department, the Water Department, and additionally Sonoma Water for projects adjacent to Sonoma Water owned or controlled channelized waterways.

4. 

Exceptions.

a. 

The setbacks required in Section 20-30.040 shall be 30 feet for existing properties or adjacent areas within the City that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.

b. 

The setbacks required in Section 20-30.040 shall be 30 feet for new development that is surrounded by existing structures that were developed in compliance with applicable setback requirements in effect prior to September 3, 2004.

c. 

Setbacks for accessory dwelling units shall be provided consistent with Section 20-42.130 Accessory dwelling units.

E. 

Bridges and utilities within setback areas. Bridges for motor vehicles, pedestrians, and/or bicycles, and/or public utility infrastructure may cross through a waterway setback area and over or under its channel, provided that the installation has received all required approvals from the City. "Bridges" as used in this subsection includes the segments of the street connecting with the ends of the bridge and the use of box culverts to contain the waters of a waterway for a street overcrossing.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 5; Ord. 2021-012 § 19)

§ 20-30.050 Existing lots of record.

§ 20-30.060 Fences, walls, and screening.

A. 

Purpose. This section provides regulations for the installation, construction, and placement of fences on private property. For the purposes of this Zoning Code, the term "fence" includes fences, hedges, walls or structures in the nature of a fence.

B. 

Measurement of fence and wall height.

1. 

Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.

2. 

The height of fencing atop a wall shall be measured from the base of the wall.

3. 

Where the ground elevation within six feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade; except that a safety fence with a height of 42 inches shall be allowed on the top of a retaining wall of 30 inches or more in height with Minor Use Permit approval. See Figure 3-3.

Figure 3-3—Fence Height Measurement

C. 

Height limits. A fence in a residential zoning district is subject to the following restrictions:

1. 

Single family dwelling shall not exceed the height limits shown in Table 3-1, unless authorized in compliance with Subsection D of this section (Additional height with Minor Use Permit approval). See also Figure 3-4.

2. 

Multifamily dwelling and non-residential properties will require Design Review approval and are not subject to the height limits shown in Table 3-1.

TABLE 3-1—MAXIMUM HEIGHT OF FENCES
Location	Maximum Height (1)
Within required front yard setback	36 inches
Within interior side or rear yard setback	6 feet (2)
Within exterior side setback	36 inches
Within a vision triangle (see Section 20-30.070.E)	No fence allowed, except as provided by Section 20-30.070.E (Vision Triangles).
Outside of a required setback	6 feet (2)

Notes:
(1)	See the City's Processing Review Procedures for Owners of Historic Properties for fence height guidelines with an -H (Historic) combining district.
(2)	A six-foot fence with two feet of lattice is allowed by right in an interior side or rear yard setback, and outside of a required front or street side setback (see Figure 3-5); provided that any fence exceeding seven feet in height requires a Building Permit.

Figure 3-4—Allowed Fence Height

Figure 3-5—Lattice Allowed for Additional Fence Height

D. 

Additional height with Minor Use Permit approval. A fence may be constructed to a height in excess of the limits established by Subsection C with Minor Conditional Use Permit approval, except within a required vision triangle (Section 20-30.070.E). Minor Conditional Use Permit approval shall require that the review authority first make all of the following findings, in addition to those required for Minor Conditional Use Permits by Section 20-52.050:

1. 

The issuance of the permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property;

2. 

The fence will not create a safety hazard to pedestrians or vehicular traffic;

3. 

The appearance of the fence is compatible with the design and appearance of other existing buildings and structures within the neighborhood;

4. 

The fence is a planned architectural feature to avoid dominating the site or overwhelming the adjacent properties and structures;

5. 

The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood; and

6. 

The fence will be of sound construction.

E. 

Fire hazards. The Building Official shall not grant a building permit for any fence that will interfere with access in case of fire by the Fire Department to buildings in the vicinity, or that will constitute a hazard to vehicle traffic or pedestrians.

F. 

Temporary fences—Exceptions. Nothing in this Zoning Code shall be deemed to prohibit the erection of a temporary fence around construction works in compliance with the Building Code and other applicable provisions of the City Code.

G. 

Barbed wire. Barbed wire fencing shall not be constructed or placed over a fence except in agricultural, open space, or industrial areas. Minor Conditional Use Permit approval shall be required for barbed wire fencing abutting residential uses.

H. 

Screening.

1. 

Proposed development within commercially or industrially zoned sites that are adjacent to any residential zoning district shall provide screening between districts, subject to Design Review.

2. 

Outdoor storage areas in any commercial or industrial zoning district shall be permanently screened from view from any adjacent public right-of-way, access easement, or adjacent private property in compliance with Section 20-42.170 (Storage, Outdoor), and Section 20-30.090.L.1.g (Security—Dumpsters).

(Ord. 3677 § 1, 2004; Ord. 2021-012 § 20)

§ 20-30.070 Height measurement and exceptions.

A. 

Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits.

B. 

Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Division 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section.

C. 

Height measurement. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-6. The location of natural grade shall be established in a manner consistent with parcels in the vicinity as determined by the Director, and shall not be artificially raised to gain additional building height.

Figure 3-6 – Height Measurement

D. 

Height limit exceptions.

1. 

Towers and similar structures. With Design Review approval, the building height limits of the applicable zoning district may be exceeded by towers, gables, spires, cupolas, water tanks, and similar structures, including mechanical appurtenances, provided that:

a. 

No portion of the structure that is over the height limit shall cover an area greater than 15 percent of the building footprint area;

b. 

No tower or similar structure, shall be used for sleeping or eating quarters, nor for any commercial purpose other than is incidental to the use of the habitable space within the building.

This exception applies only to the height limits of this Zoning Code and not to any limit provided by other law. Height limits and exceptions for telecommunication facilities are established in Chapter 20-44 of this Zoning Code.

2. 

Structures within commercial zoning districts. A structure within a commercial zoning district may exceed the height limits of this Section with Conditional Use Permit approval, except as provided by the requirements of the CD district (Section 20-23.060.B).

3. 

Fences and walls. A fence or wall shall comply with the height limits established by Section 20-30.060 (Fences, Walls, and Screening) and, where applicable, Subsection E (Vision Triangles).

E. 

Vision triangles. Proposed structures and landscaping on a corner lot shall comply with the following vision triangle height limits, as indicated in Section 20-30.110.E.

(Ord. 3677 § 1, 2004; Ord. 2020-014 § 17)

§ 20-30.080 Outdoor lighting.

§ 20-30.090 Performance standards.

§ 20-30.100 Septic tank area requirements.

§ 20-30.110 Setback requirements and exceptions.

A. 

Purpose. This section provides minimum dimensions and uses of setbacks, sight distance areas, and vision triangle standards. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

B. 

Setback requirements. Each structure shall be located on its site so that it is set back from property lines and other structures in compliance with the setback requirements of the applicable zoning district, in Division 2 (Zoning Districts and Allowable Land Uses), and with any setbacks established for specific uses by Division 4, except as otherwise provided by this section.

1. 

Setbacks from public right-of-way and public easements.

a. 

No portion of any structure shall extend within, over, under, or upon any public service easement, access easement, or utility easement, unless both the City Engineer and the Director(s) of the City department(s) having responsibility for any and all City activities within the Easement Area have determined, in their sole discretion, that such structure or portion of structure will not unreasonably interfere with the City's use of the Easement Area or can be easily removed for the construction, reconstruction, installation, removal, repair, replacement, maintenance, or operation of any current or future City facilities within, over, under, or upon the Easement Area.

b. 

Should the City Engineer and the Director(s) determine that a portion of a structure may extend within, over, under, or upon any public service, access, or utility easement as set forth in Subsection B.1.a above, the property owner(s) shall execute and record a covenant running with the land in favor and for the express benefit of the City:

(1) 

Empowering the City, in its sole discretion to remove, cause to remove, or destroy the structure or any portion thereof or compel the property owner(s) to remove the structure or any portion thereof; and

(2) 

Acknowledging that the City shall have no obligation, responsibility, or liability for the repair, replacement, erection, installation, or reconstruction of any structure or any portions of a structure encroaching within, over, under, or upon any public service easement, access easement, or utility easement when such structure or portions of such structure are removed or destroyed by City or by the property owners.

2. 

Setbacks from private easements. No portion of any structure shall extend within, over, under, or upon on any private easement or access easement unless otherwise determined by the City Engineer after receiving written permission granted by a recorded agreement executed by the owners of the dominant and servient tenements and acknowledging that the City shall have no obligation, responsibility, or liability for the repair, erection, installation, or reconstruction of any portions of a structure encroaching within, over, under, or upon any private service easement or access easement that are damaged or removed as part of construction, reconstruction, installation, removal, repair, replacement, maintenance, or operation within or around the easement area.

C. 

Measurement of setbacks. The setbacks required by Subsection B shall be measured as follows:

1. 

Front yard setback. The front setback shall be across the narrow dimension of the lot, unless determined otherwise by the Director.

a. 

General measurement method. A required front setback shall be measured by the most restrictive of the following methods to the nearest point of the front wall of the building, except as provided in Subsection C.2:

(1) 

From the front property line; or

(2) 

If established, from a proposed new property line (also known as the plan line);or

(3) 

Back of the sidewalk (the sidewalk edge away from the street);or

(4) 

The edge of an easement for a private road or driveway.

b. 

Front setback on a block with developed lots. In any case where 25 percent or more of the lots fronting on any block in the same zone (not including frontage along the side of a corner lot) have been developed with buildings of a character permitted in the zone, and the front setbacks of the lots vary in depth by not more than 10 feet, the required front setback for each lot in the block shall be not less than the average depth of the front setbacks on the developed lots.

c. 

Infill development within a previously approved project. Where the City has established specific setback requirements for individual parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this Zoning Code, those setbacks shall apply to the infill development instead of the setbacks required by this Zoning Code, except where the review authority determines that an original setback that is more restrictive than the current zoning no longer serves desired neighborhood character.

Figure 3-7—Location & Measurement of Setbacks

2. 

Side yard setbacks.

a. 

Interior side setback. A required interior side setback shall be measured at right angles from the nearest point on the side property line of the lot to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear setbacks.

b. 

Corner side setback. A required side setback on the street side of a corner lot shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road or driveway, or the inside edge of the sidewalk, whichever results in the greatest setback that extends between the front setback and the rear property line.

3. 

Rear yard setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest point of the structure, establishing a setback line parallel to the rear property line.

a. 

The Director shall determine the location of the required rear setback on a through lot.

b. 

Where a parcel has no rear property line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be deemed to be the rear property line for the purpose of determining the depth of the required rear setback.

D. 

Limitations on the use of setbacks.

1. 

Allowed structures and uses. A setback required by this Zoning Code, Minor or Conditional Use Permit, or Design Review approval, shall be improved and maintained only with plants and other natural materials except for the following:

a. 

Building projections permitted in Subsection E;

b. 

Fences, hedges, plant materials, structures, and walls permitted in Section 20-30.060;

c. 

Necessary walks and steps; and

d. 

A driveway that provides required parking or access to parking.

2. 

Extended storage or parking. It is unlawful to use any required setback for the extended parking or storage of any mobile home, trailer, airplane, boat, other motor vehicle, or parts of any of those vehicles, or building materials (except building materials being used for on-site construction under a valid building permit); provided, however, these requirements shall not apply to a fully-operational vehicle parked in a driveway that is used on a regular day-to-day basis. Extended parking or storage, as used in this section, means the presence for a period of 72 or more consecutive hours within the required yard or setback area.

E. 

Allowed projections into setbacks. Table 3-2 identifies the features that may project into a required setback.

TABLE 3-2—ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature	Allowed Projection into Specified Setback
	Front Setback	Side Setback	Rear Setback
Architectural feature (e.g., cornice, canopy, eave, sill, bay window, chimney, etc.) (1)	2-1/2 ft, provided that the projection shall not exceed 1/2 the depth of the required setback. Bay window and chimney projections shall not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located.
Cantilevered overhang above the ground floor, not requiring ground or bracket supports	No limitation on projection in C zoning districts; 4 ft in other districts	No limitation on projection in C zoning districts; 2-1/2 ft into a corner side setback	No limitation on projection in C zoning districts; 2-1/2 ft into a rear setback, provided that the projection shall not exceed 1/2 the depth of the required setback
Fire escape	Not allowed	Not allowed in corner side setback; may project up to 2-1/2 ft into an interior setback	36 in
Unenclosed deck, porch or terrace not exceeding 12 inches in height, and any necessary steps or landings, with no individual step exceeding 12 inches in height	Not allowed, except as provided in Table 2-5	Not allowed in corner side setback, except as provided in Table 2-5; allowed within interior setback	Allowed
Recycling collection/trash enclosure area	As allowed by Section 20-30.120.E
Detached residential accessory structures	As allowed by Section 20-42.030.C.3

Note:
(1)	Room additions are not considered architectural features even if they do not include a foundation or floor area. This provision is not intended to allow an increase floor area, habitable area, or storage area, or allow substantial portions of a building wall, to encroach into required setbacks.

Figure 3-8—Example of Allowed Projections into Side Setbacks

F. 

Vision triangles and sight distance. The purpose of this section is to limit the height of structures and landscaping at intersections and driveways to provide adequate sight distances for pedestrian and vehicle traffic. This section applies to all structures, landscaping, and any other improvements located within vision triangles or sight distance areas adjacent to any public or private street intersections, including alley and driveway intersections with public or private streets.

1. 

Vision triangles.

a. 

Vision triangle boundaries are formed by: (1) drawing a 40-foot line along the face of curb or edge of one roadway to a point of intersection; (2) from the point of intersection, drawing a line 40 feet back along the face of curb or edge of the second roadway; and (3) connecting the end points of these two lines, as shown in Figure 3-9. Vision triangles at locations with all way stop controls or signalized intersections may be allowed less restrictive requirements with City Traffic Engineer approval.

Figure 3-9 – Vision Triangle

b. 

Driveway vision triangle boundaries are formed by first drawing a 10-foot line along the back edge of the sidewalk from the driveway and then drawing a 10-foot line along the driveway edge abutting the sidewalk. Connecting these two legs completes the vision triangle, as shown in Figure 3-10.

Figure 3-10 – Driveway Vision Triangle

2. 

Sight distance. City streets and nonresidential driveways shall be designed in accordance with sight distance requirements as defined by the Caltrans Highway Design Manual, Sections 201 and 405.

3. 

Limitations on structures and landscaping within vision triangles and sight distance areas.

a. 

Street intersections. Vegetation and structures, including signs, shall not exceed a height of three feet within sight distance or vision triangle areas, unless there is a "transparency" feature, such as open railings or well-pruned climbing plants, allowing for sight visibility.

b. 

In all zoning districts. No wall, fence, hedge, other plant material, or any other view obstruction shall be erected or maintained between 36 inches and seven feet above grade on any corner lot within a vision triangle, and further, nothing over 24 inches in height may be located in the first five feet behind the curb line or edge of pavement of the vision triangle. Single stem plants or trees without foliage between the height of three feet and eight feet may be planted and maintained within the vision triangle on any corner lot. In no case shall any commercial sign be permitted in a vision triangle.

c. 

Commercial driveways. To provide for pedestrian visibility at nonresidential driveways, a clear zone with nothing over 24 inches in height shall be established in the driveway vision triangle. Driveway vision triangles are required on both sides of the driveway. If these clear zones cannot be met, additional measures may be needed to provide necessary pedestrian awareness (see Figure 3-10).

d. 

Residential driveways and alleys. Visibility of a driveway or alley crossing a street lot line shall not be blocked above a height of three feet within the sight distance.

e. 

Exempt structures and plantings. The regulations of this section do not apply to existing buildings; public utility poles; saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 7, 2011; Ord. 2020-014 § 18; Ord. 2024-012, 11/19/2024)

§ 20-30.120 Solid waste and recycling storage facilities.

§ 20-31.010 Purpose.

§ 20-31.020 Definitions.

§ 20-31.030 Application for Density Bonus and Incentives or Concessions.

§ 20-31.040 Processing of Density Bonus application.

§ 20-31.050 Eligibility criteria for Density Bonus.

§ 20-31.060 State Density Bonus.

§ 20-31.070 Supplemental Local Density Bonus.

This section outlines the eligibility requirements for Supplemental Density Bonuses in excess of the State Density Bonus (i.e., California Government Code Section 65915). An eligible project may qualify for a Supplemental Density Bonus of up to, but not greater than, 100 percent above the maximum residential density permitted in the applicable Land Use Designation pursuant to the provisions in this section.

A. 

Relationship to State Density Bonus. Affordable housing provided to establish eligibility for a Supplemental Density Bonus shall be calculated on the "Base Project," not including State Density Bonus Units granted pursuant to this chapter and California Government Code Section 65915. The affordable housing units used to generate Eligibility Points toward a supplemental bonus shall be in addition to affordable housing provided to establish eligibility for a State Density Bonus.

B. 

Eligible locations. A project that receives the maximum State Density Bonus is eligible for a Supplemental Density Bonus above the maximum State Density Bonus if it is:

1. 

Located within the Downtown Station Area Specific Plan or North Santa Rosa Station Area Specific Plan; and

2. 

The project site is designated one of the following General Plan Land Use Designations:

a. 

Medium-Low Density Residential (see note below)

b. 

Medium Residential (see note below)

c. 

Medium-High Residential (see note below)

d. 

Retail/Medium Residential (see note below)

e. 

Office (see note below)

f. 

Office/Medium residential (see note below)

g. 

Business Park (see note below)

h. 

Light Industrial/Medium Residential (see note below)

i. 

Transit Village Medium

j. 

Transit Village Mixed Use

k. 

Retail & Business Services

Note: Housing Projects on sites with these Land Use Designations are not eligible for a supplemental bonus if the site is inside a Historic Preservation District. This restriction does not apply to the Transit Village Medium, Transit Village Mixed Use, and Retail & Business Services Land Use Designations.

C. 

Supplemental Bonus Amount. Table 3.4 lists the maximum Supplemental Density Bonus available to an eligible project in the applicable Land Use Designations, depending on the proximity of the property to a Major Transit Stop or School Facility, or if the property is a designated General Plan Housing Opportunity Site.

Table 3.4: Maximum Supplemental Density Bonus
	Maximum Supplemental Density Bonus for a Project in a Station Specific Plan, on Eligible Land Use Designations pursuant to this Section1, and Located:
	In an Eligible Land Use Only (A)2	(A) and 1/2 Mile to Major Transit Stop (B)3	(A) and 1/2 Mile to a School Facility (C)3	All of (A), (B) and (C)	In Medium-Low Density Land Use and (B) and (C)2	On a Housing Opportunity Site
Supplemental Bonus Amount	10%2	45%	45%	65%	10%	50%
Total Maximum Bonus, not to Exceed (with State Density Bonus)	60%2	80%	80%	100%	60%	100%

Notes:
(1)	Pursuant to subsection C.2, within Historic Preservation Districts, only the Retail and Business Services, Transit Village Medium, and Transit Village Mixed Use Land Use Designations are eligible for a Supplemental Density Bonus pursuant to this table.
(2)	Properties in the Medium-Low Density General Plan Land Use that are not located both within 1/2 mile of a Major Transit Stop and School Facility are not eligible for a Supplemental Density Bonus.
(3)	Distances to a Major Transit Stop or a School Facility shall be measured as the shortest distance from the edge of the property boundaries of the project and facility.

D. 

Eligibility Points. The requirements to establish eligibility for a Supplemental Density Bonus are based on Eligibility Points, which are calculated using the following formula:

E. 

Affordable housing. At least 60 percent of the project's Eligibility Point requirement shall be fulfilled by providing affordable housing units on site, based on a percentage of Base Project units, in compliance with Table 3.5.

F. 

Rental projects. Rental projects shall meet the affordable housing requirement by providing affordable housing units on site at a mix of income levels as prescribed in Table 3.5

G. 

100 percent affordable projects. Rental projects in which all proposed units will be affordable to very low- or low-income households are eligible for a 100 percent Density Bonus in accordance with Section 20-31.060.

H. 

Specialized Housing. Instead of providing Affordable Housing units across the three identified income levels in Table 3.5, rental projects can earn some or all their required Eligibility Points by including Specialized Housing units at the very low-income level pursuant to the schedule in Table 3.5.

I. 

For-sale projects. For-sale projects can earn Eligibility Points by including a percentage of housing units at the moderate-income level pursuant to the schedule in Table 3.5.

Table 3.5: Eligibility Points Schedule for Supplemental Density Bonuses
Eligibility Points Awarded	Rental Projects (1): Percent of Total Units in Base Project Required By Income:			Specialized Very-Low Income Housing (1)	For-Sale Projects (1):
	Very Low	Low	Moderate		Moderate Income
5	1.7%	2.6%	3.2%	2.5%	20.5%
10	1.8%	2.8%	3.4%	3.0%	21.0%
15	1.9%	3.0%	3.7%	3.5%	21.5%
20	2.0%	3.2%	3.9%	4.0%	22.0%
25	2.1%	3.3%	4.1%	4.5%	22.5%
30	2.2%	3.5%	4.3%	5.0%	23.0%
35	2.3%	3.7%	4.5%	5.5%	23.5%
40	2.4%	3.9%	4.7%	6.0%	24.0%
45	2.5%	4.0%	4.9%	6.5%	24.5%
50	2.6%	4.2%	5.2%	7.0%	25.0%
55	2.8%	4.4%	5.4%	7.5%	25.5%
60	2.9%	4.6%	5.6%	8.0%	26.0%
65	3.0%	4.7%	5.8%	8.5%	26.5%
70	3.1%	4.9%	6.0%	9.0%	27.0%
75	3.2%	5.1%	6.2%	9.5%	27.5%
80	3.3%	5.3%	6.5%	10.0%	28.0%
85	3.4%	5.4%	6.7%	10.5%	28.5%
90	3.5%	5.6%	6.9%	11.0%	29.0%
95	3.6%	5.8%	7.1%	11.5%	29.5%
100	3.7%	6.0%	7.3%	12.0%	30.0%
If the calculation for the required number of units at each income level results in a fractional number, the required number of units shall be rounded up to the next whole number.

J. 

Community benefits. No more than 40 percent of the Eligibility Points required for a project may be earned through the provision of community benefits in accordance with Table 3.4.

Table 3.6: Community Benefits and Eligibility Points
Community Benefit	Point Calculation	Notes
Public Open Space, Either Option A or B:	A: For projects seeking 20 pts or less, 4 pts. per 1% of site area or 1,000 sf, whichever is greater. For projects seeking 21-30 pts: 3 pts. per 1% of site area or 1,500 sf, whichever is greater. For projects seeking 31-40 pts, 2.5 pts. per 1% of site area or 2,000 sf, whichever is greater.	The landscape design must comply with applicable provisions of the Santa Rosa Design Guidelines and/or other applicable guidelines and be approved as part of design review for the project. The open space must be publicly accessible at all times. Provisions must be made for operation and maintenance in perpetuity.
	B: 10 pts per 1% of project construction valuation contributed to Park Impact Fee, up to 40 pts.
Historic or Landmark Preservation	10 pts per 1% of project construction valuation contributed toward rehabilitating or improving a landmark property up to 40 pts.	If the landmark property is not owned by the project applicant, a joint rehabilitation/improvement agreement must be submitted with the landmark property owner.
Infrastructure/Capital Improvement	10 pts per 1% of project construction valuation contributed to Capital Facilities/Utilities Impact Fee up to 40 pts.
Family-Sized Rental Units	5 pts. per each 8% of the project's Affordable Housing units with three or more bedrooms up to 40 pts.	Round up to the next whole number of units when calculating the share of family-sized units.
Innovative Community Benefit	The Council may approve an innovative community benefit and grant points on a schedule of 10 pts. per 1% of project construction valuation paid toward the proposed innovative benefit, up to 40 pts.	The benefit must be significant and substantially beyond normal requirements.

K. 

Findings. To approve a Minor Conditional Use Permit for a Supplemental Density Bonus, as prescribed in this chapter, the following findings must be made in addition to the findings required by Chapter 20-52:

1. 

For projects in all eligible Land Use Designations:

a. 

The proposed project will generate a sufficient number of Eligibility Points by providing at least 60 percent of all required Eligibility Points through affordable housing pursuant to Table 3.5, and that the remaining 40 percent are provided through additional affordable housing pursuant to Table 3.5 or through community benefits pursuant to Table 3.6 as outlined in this Section.

b. 

The proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.

c. 

That the proposed community benefits for the project are acceptable and appropriate for the project and will provide tangible benefits to the community.

2. 

For projects requesting approval of an innovative community benefit, the review authority shall evaluate the innovative benefit against the following findings and provide a recommendation to the Council for consideration:

a. 

The proposed innovative community benefit is consistent with, or otherwise furthers the policies of the General Plan and any applicable Specific Plan or Area Plan.

b. 

The proposed innovative community benefit will be accessible to the public.

c. 

The proposed innovative community benefit is significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.

L. 

Standard conditions of approval. The following conditions of approval shall apply to all Supplemental Density Bonus projects:

1. 

No community benefit for which a bonus has been granted may be eliminated or reduced in size without the approval of the review authority. To grant such approval, the review authority must find that there is a corresponding reduction in intensity, height, and/or density, a substitution of an equivalent community benefit, or a combination of the two.

2. 

Before a Certificate of Occupancy is issued for a project, the applicant shall certify to the Director that the Eligibility Points upon which the project's residential Density Bonus was based have been achieved.

(Ord. 2019-002 § 1; Ord. 2021-014 §§ 28–42; Ord. 2023-006, 6/6/2023; Ord. 2025-001, 1/28/2025)

§ 20-31.080 Child Care Facility Density Bonus.

§ 20-31.090 Available Incentives and Concessions.

§ 20-31.100 General provisions for Density Bonuses and Incentives/Concessions.

§ 20-31.110 Density Bonus Agreement and terms.

§ 20-32.010 Purpose.

§ 20-32.020 Applicability.

§ 20-32.030 Permit requirements.

§ 20-32.040 Hillside subdivision standards.

§ 20-32.050 Site planning and development standards.

Each structure shall be located in the most accessible, least visually prominent, most geologically stable, portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site to the maximum extent feasible. Siting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.

A. 

Site access. Each driveway shall be located and designed to follow natural terrain contours to the maximum ex-tent feasible, minimize grading, and comply with the following standards.

1. 

Shared driveways that serve more than one parcel are encouraged, and may be required, to reduce the total amount of grading and pavement.

2. 

Drainage from a driveway shall be directed in a controlled manner to the drainage facilities of the nearest road wherever feasible, subject to the approval of the City Engineer.

3. 

A driveway shall not have a grade steeper than five percent within 10 feet of a garage or carport entry. Driveway finished grade shall not exceed an average of 15 percent.

B. 

Setbacks. A proposed structure shall comply with the following setback requirements instead of those of the applicable zoning district, except Accessory Dwelling Units, as stated in Section 20-42.120.E.

TABLE 3-3—HILLSIDE SETBACKS
Setback Location	Minimum Setback
Front	20 ft
Side	15 ft, except as provided in Sections 20-32.050.C and 20-42.120.E
Rear	15 ft, except as provided in Sections 20-32.050.C and 20-42.120.E
Residential Garage	19 ft from rear of public sidewalk, or 19 ft from street property line or street plan line, whichever is greater

C. 

Side and rear setback from slope. Where a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer; provided that the distance from the base of the structure to the toe of the slope shall be a minimum of five feet. See Figure 3-9.

Figure 3-9 – Side Setback Measurement

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-003 § 3)

§ 20-32.060 Hillside development permit.

§ 20-33.010 Adoption of the Middle-Class Housing Act of 2022 and the Affordable Housing and High Road Jobs Act of 2022.

§ 20-33.020 Definitions.

§ 20-33.030 By Right Housing on Educational Agency Lands.

§ 20-34.010 Purpose of chapter.

§ 20-34.020 Applicability.

§ 20-34.030 Landscape plans.

§ 20-34.040 Landscape location requirements.

§ 20-34.050 Landscape standards.

§ 20-34.060 Irrigation system design.

§ 20-34.070 Post-installation requirements.

§ 20-35.010 Purpose of chapter.

§ 20-35.020 Applicability.

§ 20-35.030 Application of this chapter.

§ 20-35.040 Reconstruction and repair of damaged structures and allowed land uses.

§ 20-35.050 Final map requirements.

§ 20-35.060 Discretionary land use and zoning approvals.

§ 20-35.070 Temporary housing.

§ 20-35.080 Temporary storage.

§ 20-35.090 Land Use, Zoning, or related code provisions not addressed.

§ 20-36.010 Purpose of Chapter.

§ 20-36.020 Applicability.

§ 20-36.030 General parking regulations.

§ 20-36.040 Number of parking spaces required.

§ 20-36.050 Adjustments to parking requirements.

A. 

Shared on-site parking for residential mixed uses. In a mixed use project, parking may be shared by the different uses. A mixed use project composed of residential and retail uses may reduce the required vehicle parking up to 50 percent of the required parking for either the residential or retail use, whichever is smaller. A mixed use project composed of residential and office or institutional uses may reduce the required vehicle parking up to 75 percent of the required parking for either the residential or office/institutional use, whichever is smaller.

Example: If the separate parking requirements for the residential and retail uses in a mixed use project were 12 spaces and 14 spaces respectively (for a total of 26), the 12 residential spaces (the smaller of the two requirements) could be reduced by 50 percent, to six for a revised project requirement of 20 spaces.

B. 

Shared on-site parking for nonresidential uses. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed through Minor Conditional Use Permit approval. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity.

C. 

Shared underutilized parking. Underutilized parking for any land use may be shared through a shared parking agreement in accordance with California Government Code Section 65863.1. A shared parking agreement shall be allowed through a Minor Conditional Use Permit approval. Underutilized parking is when 20 percent or more of a development's parking spaces are not occupied during the period in which shared parking is proposed.

A reduction in spaces shall be allowed if a parking analysis prepared by professionals in the planning or parking fields determines the number of spaces that can be shared will fulfill parking requirements. Shared parking arrangements shall be formalized through an agreement recorded against the parcels that are part of the agreement.

D. 

Increase or decrease in required parking. Parking requirements may be reduced through the following processes:

1. 

Where an applicant requests or where the Director determines that, due to special circumstances, any particular use requires a parking capacity which deviates from the requirements in Table 3-4, the Director shall refer the matter to the appropriate review authority for imposition of an appropriate parking requirement. Parking requirements may be reduced through the following processes:

a. 

Minor adjustment (Section 20-52.060). Allows for parking reduction up to 25 percent for projects that do not need a Minor or Major Conditional Use Permit. Examples are when a parking reduction up to 25 percent is needed to approve a Zoning Clearance or a Design Review Application. The Director of Planning and Economic Development may, as a condition of project approval, approve an increase or decrease in parking spaces after first making the following findings:

(1) 

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2) 

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

b. 

Project approval. If the project already requires a Minor Use Permit or Conditional Use Permit, these applications may be used to reduce the amount of parking spaces by any amount. The review authority Zoning Administrator for a Minor Use Permit or Planning Commission for a Conditional Use permit may, as a condition of project approval, approve an increase or decrease in parking spaces after first making the following findings:

(1) 

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2) 

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

c. 

Minor Use Permit. Is used for reductions of over 25 percent when the project does not already include a Minor or Major Conditional Use Permit. Examples are Design Review Applications that request a reduction of over 25 percent and Zoning Clearance with a reduction of over 25 percent. The Zoning Administrator may, as a condition of a Minor Use Permit, approve an increase or decrease in parking spaces after first making the following findings:

(1) 

Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in Table 3-4;

(2) 

The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.

2. 

Parking requirements for projects located within the North Santa Rosa Station Area Specific Plan boundaries (see Figure 3-13) may be reduced by the review authority, as a condition of project approval or Minor Conditional Use Permit, when supported by a parking study. The review authority may approve a decrease in parking spaces after first making the following finding:

a. 

The number of parking spaces approved will be sufficient for its safe, convenient and efficient operation of the use, and will be compatible with the neighboring properties.

3. 

The location of several types of uses or occupancies in the same building or on the same site may constitute a special circumstance warranting the reduction of parking requirements in compliance with this section.

4. 

Alternative methods of providing required parking is encouraged within the Downtown and North Santa Rosa Station Area Specific Plan boundaries (see Figures 3-12 and 3-13). Examples of alternative parking methods include:

a. 

Tandem parking;

b. 

Garage/parking lifts;

c. 

Unbundled parking in residential developments;

d. 

Parking cash-out and transit incentive programs for businesses;

e. 

Projects that are unable to provide the total number of required on-site parking spaces may consider paying for the use of shared spaces within other parking facilities, in-lieu of applying for a parking reduction or variance. A parking study shall be submitted verifying that use of shared spaces in another parking facility shall not create a parking shortage for the business associated with that facility.

5. 

Any change in the use or occupancy or any change in the special circumstances described in Subsection C.1.a shall constitute grounds for revocation of the Minor Conditional Use Permit issued in compliance with this section.

Figure 3-12—Downtown Station Area Specific Plan Boundaries (College Avenue to the north, Brookwood Avenue to the east, Sebastopol Road and Highway 12 to the south, and Dutton Avenue and Imwalle Gardens to the west)

Figure 3-13—North Santa Rosa Station Area Specific Plan Boundaries (Paulin Creek to the north, Highway 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)

(Ord. 3677 § 1, 2004; Ord. 3950 § 16, 2010; Ord. 3968 § 9, 2011; Ord. 3972 § 6, 2011; Ord. 3992 § 5, 2012; Ord. 2020-014 § 21; Ord. 2021-012 § 27; Ord. 2025-001, 1/28/2025)

§ 20-36.060 Parking requirements for the disabled.

§ 20-36.070 Parking design standards.

Prior to the issuance of a building permit for any parking facility, or any project which includes a parking facility, the review authority shall review and approve each such facility or project to assure that the proposed parking facility is designed and constructed in compliance with the following standards.

A. 

Location of parking facilities.

1. 

Required off-street parking shall be located on the same parcel as the uses served; except with Conditional Use Permit approval, parking may be located on a parcel in the vicinity of the parcel served subject to a recorded covenant running with the land, recorded by the owner of the parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity.

2. 

Parking facilities other than driveways shall not be located in a required front or street side setback, except when a single-family residential two-car garage is converted into a single-car garage and habitable space.

B. 

Access to parking facilities and parking spaces.

1. 

Access to parking lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.

2. 

Internal maneuvering and queuing. Parking facilities shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for lots with four or fewer residential units. Non-residential parking facilities shall also provide queuing area between the street and the first point where vehicles may maneuver within the parking facility. A minimum of 15 feet clear behind the sidewalk to the first parking space shall be provided at all driveway entrances. If there is no sidewalk, a minimum of 25 feet to the face of curb shall be provided. See Figure 3-11.

3. 

Vertical clearance. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles in non-residential parking facilities.

Figure 3-11—Queuing Area

C. 

Access to adjacent sites. In nonresidential developments, shared vehicle and pedestrian access to adjacent nonresidential properties is required to the maximum extent feasible for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Director.

D. 

Parking space and facility dimensions.

1. 

Covered residential. Parking spaces within garages and carports shall have minimum dimensions of nine and one-half feet in width by 19 feet in length, clear of any obstructions (e.g., stairs, HVAC equipment).

2. 

Downtown parking. Parking spaces within the CMU zoning district shall have a minimum dimension of eight feet in width by 18 feet in length.

3. 

All other parking spaces. Minimum parking space dimensions shall be as follows, except as shown in Table 3-6, Figure 3-12.

a. 

Standard parking spaces shall have a minimum dimension of nine feet in width by 19 feet in length.

b. 

Up to 50 percent of the spaces in a parking lot may be compact spaces, with dimensions as shown in Table 3-6.

c. 

Parallel parking spaces shall be eight feet by 22 feet, except that spaces that are unencumbered at one end may be reduced to eight feet by 20 feet.

d. 

The width of a parking space shall be increased by one foot if either side of the space is adjacent to a wall, fence, support column or other structure, except where the obstruction is limited to the front or rear one-third of the parking space.

Figure 3-12—Minimum Parking Space and Aisle Dimensions

TABLE 3-6—MINIMUM PARKING SPACE AND AISLE DIMENSIONS
Space Width	Parking Angle	L	D	A	N	P	OP
Standard Size Automobile Spaces—Minimum Length = 19 ft
9.0 ft	30 o	18.0 ft	17.5 ft	12 ft (1)	29.5 ft	47 ft	39.5 ft
9.0 ft	45 o	12.7 ft	20 ft	12 ft (1)	32 ft	47 ft	45 ft
9.0 ft	60 o	10.4 ft	21 ft	15 ft (1)	36 ft	51.5 ft	52.5 ft
9.0 ft	90 o	9.0 ft	19 ft	26 ft	45 ft	64 ft	—
9.5 ft	90 o	9.5 ft	19 ft	25 ft	44 ft	63 ft	—
10.0 ft	90 o	10.0 ft	19 ft	23 ft	42 ft	61 ft	—
Compact Automobile Spaces—Minimum Length = 16 ft
9 ft	30 o	16 ft	15 ft	12 ft (1)	27 ft	42 ft	—
9 ft	45 o	11.7 ft	17 ft	12 ft (1)	29 ft	46 ft	—
9 ft	60 o	9.5 ft	18 ft	12 ft (1)	30 ft	48 ft	—
9 ft	90 o	9 ft	16 ft	23 ft	39 ft	55 ft	—
Downtown Automobile Spaces—Minimum Length = 18 ft
8 ft	45 o	11.3 ft	15.5 ft	12 ft (1)	27.5.ft	43 ft	—
8 ft	60 o	9.2 ft	16 ft	14 ft (1)	30 ft	46 ft	—
8.ft	90 o	8.0 ft	18 ft	24 ft	42 ft	60 ft	—
8.5 ft	45 o	11.8 ft	16 ft	12.5 ft (1)	28 ft	44.5 ft	—
8.5 ft	60 o	9.7 ft	16.5 ft	14 5.ft (1)	30.5 ft	47.5 ft	—
8.5 ft	90 o	8.5 ft	18 ft	24.5 ft	42.5 ft	60.5 ft	—
9 ft	30 o	18 ft	16.8 ft	11 ft (1)	27.8 ft	44.6 ft	—
9 ft	45 o	12.7 ft	19 ft	16 ft (1)	35 ft	54 ft	—
9 ft	60 o	10.4 ft	20 ft	18 ft	38 ft	58 ft	—
9 ft	90 o	9.0 ft	18 ft	26 ft	44 ft	62 ft	—

Note:
(1)	Only one-way aisles permitted.

E. 

Curbing and wheel stops (except single-family detached):

1. 

Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, sidewalks, other structures, and landscaping.

a. 

Alternative barrier designs may be approved by the Director.

b. 

Parking spaces adjacent along their length to landscaped areas or other similar surfaces shall incorporate an additional curbing width of 12 inches (for a total of 18 inches) to provide a place to stand while exiting and entering vehicles.

c. 

To increase the landscaped area within a parking facility, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions. In the case where a walkway is necessary, in lieu of landscaping, the walkway shall be widened by two feet to provide for a safe curb stop.

d. 

Curb design and installation shall comply with National Pollution Discharge Elimination System (NPDES) standards where applicable.

2. 

Wheel stops. The use of individual wheel stop blocks is prohibited except in parking facilities not open to the public and in other locations when deemed necessary by the Director.

F. 

Directional arrows and signs (except single-family detached):

1. 

Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

2. 

The Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

G. 

Landscaping (except single-family detached):

1. 

Landscaping of an existing, proposed, or improved parking facility shall be provided in compliance with the Design Guidelines.

2. 

All landscaping and other improvements to a parking or loading facility required by this chapter shall be maintained in good condition. Failure of such maintenance shall constitute a violation of this title, and, in addition, may be declared a public nuisance in compliance with this Zoning Code and State law. Security to guarantee parking lot landscape maintenance shall be provided in compliance with Section 20-34.070(B) (Maintenance Contract Required).

H. 

Lighting (except single-family detached): Lighting of parking facilities shall be provided in compliance with Section 20-30.080 (Outdoor Lighting).

I. 

Access to public right-of-way. Each vehicular passage of any parking or loading facility to or across a public right-of-way shall comply with the following requirements:

1. 

No such curb cut may exceed 24 feet in width for residential uses nor 35 feet for nonresidential uses, unless as approved by Minor Conditional Use Permit. Curb cut is defined as the flat bottom dimension for the driveway, excluding wings.

2. 

Wherever feasible, curb cuts serving adjacent uses shall be combined to minimize the number of entrances onto arterial and collector streets.

3. 

Only one curb cut may be installed for any parking or loading facility, provided that one or more additional curb cuts may be allowed if the City Engineer determines that each such additional curb cut is necessary for the efficient operation of the facility and will not significantly affect capacity and traffic safety.

4. 

Curb cuts for any circular driveway or multiple driveways on the same lot must meet the following requirements:

a. 

The curb cuts of circular or multiple driveways must be at least 20 feet apart.

b. 

The combined width of the curb cuts shall not exceed 40 percent of the lot frontage.

5. 

Any curb cut on a corner lot shall be located at the farthest point from the curb return.

J. 

Striping and identification (except single-family detached): Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.

K. 

Grade of parking facilities. Parking facilities should not exceed a grade of five percent. The Review Authority may allow slope increases up to 15 percent if it determines that the increase will result in superior project design.

L. 

Surfacing. Parking spaces, driveways, and maneuvering and storage areas shall be paved and permanently maintained in good and dust-free condition, in compliance with City Development Standards, except where parking is provided for a temporary use in compliance with Section 20-52.040 (Temporary Use Permits).

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 22; Ord. 2021-012 § 28)