A. Implement the General Plan by encouraging the uses of land designated by the General Plan;

B. Provide standards for the orderly growth and development of the city that will assist in protecting the unique character of the community and its neighborhoods;

C. Conserve and protect the city’s natural beauty, including scenic views, hillside open space, and historic and environmental resources;

D. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

E. Minimize automobile use and congestion by promoting pedestrian and bicycle-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and

F. Ensure compatibility between residential and nonresidential development and land uses through careful site planning and building design. (Ord. 2003-02 § 3, 2003).

A. This development code is enacted based on the authority vested in the city of Sonoma by the state of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code.

B. This development code is the primary tool used by the city of Sonoma to carry out the goals, objectives, and policies of the Sonoma General Plan, hereafter referred to as the “General Plan.” (Ord. 2003-02 § 3, 2003).

A. New Land Uses or Structures – Changes to Land Uses or Structures. In order to lawfully establish, construct, reconstruct, alter, relocate, or replace any use of land or structure, compliance shall be required with the applicable requirements of Division II, Community Design, Division III, Project Design, and Division IV, General Site Planning and Development Standards, or, where applicable, Chapter 19.82 SMC, Nonconforming Structures, Uses and Parcels.

B. Issuance of Building or Grading Permits. Building, grading, or other construction permits for new development and redevelopment or for the expansion or intensification of a building or use may be issued by the city when:

See SMC 19.03.030 for exemptions.

C. Subdivision of Land. Any subdivision of land proposed within the city after the effective date of this development code shall be consistent with the density and minimum lot size requirements of Division II, Community Design, the subdivision regulations of Division VI, Subdivisions, and all other applicable requirements of this development code.

D. Continuation of an Existing Land Use. An existing land use 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 development code, including Chapter 19.82 SMC, Nonconforming Structures, Uses and Parcels.

E. Existing Violations. Existing land uses that were in violation of city zoning regulations applicable before the effective date of this development code are in violation of this development code. These uses shall continue to be in violation unless they conform to the current provisions of this development code.

F. Effect of Development Code Changes on Projects in Progress. A land use permit application that has been accepted by the city as complete prior to the effective date of this development code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete. (Ord. 2003-02 § 3, 2003).

A. Minimum Requirements. The standards of this development code shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Whenever this development code provides discretion to a city official or body, that discretion may be exercised to impose more stringent requirements than those in this development code, as may be necessary to promote orderly land use development and the purposes of this development code.

B. Other Requirements May Still Apply. Nothing in this development 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.

C. Conflicting Requirements. Any conflicts    between different requirements of this development code, or between this development code and other regulations, shall be resolved in compliance with SMC 19.02.020(F), Conflicting Requirements. (Ord. 2003-02 § 3, 2003).

A. Suggestive. Although the guidelines of this development code are strongly recommended, they shall be considered suggestive in that the decision-making authority may approve a discretionary permit for a proposed project even though it fails to comply with one or more guidelines. Noncompliance with guidelines shall not be used as a basis to deny ministerial permits.

B. Role in Discretionary Review. The decision-making authority shall consider applicable guidelines in its review of applications for discretionary planning and subdivision permit approvals. The failure of a proposed project to comply with applicable guidelines may be used by the decision-making authority as a basis for denial. To approve a project that fails to comply with applicable guidelines, the decision-making authority must find that substantial reasons exist that justify the noncompliance.

C. Conflicting Guidelines. Any conflicts between different guidelines of this development code shall be resolved at the discretion of the decision-making authority. (Ord. 2003-02 § 3, 2003).

A. Authority. The city planner is assigned the responsibility and authority to interpret the requirements of this development code.

B. Language.

C. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

D. Allowable Uses of Land. If a proposed use of land is not specifically listed in SMC 19.10.050, Allowable land uses and permit requirements, the use shall not be allowed, except as follows.

E. Standards as Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures are maximums, not minimums).

F. Calculations – Rounding. Where provisions of this development code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

G. Conflicting Requirements.

A. Request for Interpretation. A request shall be written, specifically state the provision(s) in question, and provide any information to assist in their review.

B. Record of Interpretations. The city planner will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation. Official interpretations shall be:

C. Appeals and Referral. Any interpretations of this development code by the city planner may be appealed to the planning commission as provided by Chapter 19.84 SMC, Appeals. The city planner may also refer any interpretation to the planning commission for a determination. (Ord. 2003-02 § 3, 2003).

A. Allowable Use. The land use shall be identified by SMC 19.10.050, Allowable land uses and permit requirements, as being allowable in the zoning district applied to the site. The city planner may determine whether a particular land use is allowable, in compliance with SMC 19.02.020, Rules of interpretation.

B. Land Use Permit Requirement. Any land use permit or other approval required by this development code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in SMC 19.03.030, Exemptions from land use permit requirements. The land use permit requirements of this development code are established by SMC 19.02.020(D), Rules of interpretation – Allowable Uses of Land).

C. Development Standards. The use and/or structures shall comply with all other applicable requirements of this development code, including the development standards of Division II, Community Design, and Division III, Project Design, and the requirements set forth in Division IV, General Site Planning and Development Standards.

D. Conditions of Approval. The use and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit.

E. Legal Parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Division VI of this development code, as applicable at the time the parcel was created.

F. Development Agreements. The use and/or structures shall comply with all applicable development agreements approved by the city council. (Ord. 2003-02 § 3, 2003).

A. General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection (B) of this section, are exempt from the land use permit requirements of this development code only when:

B. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this development code when in compliance with subsection (A) of this section, except that a zoning clearance (SMC 19.54.020) is required whenever a building permit is required for any of these activities or uses.

A. Sonoma Municipal Code. Any other municipal code provisions, including: building, grading, or other construction permits if they are required by SMC Title 14; or a business license if required by SMC Title 5; or

B. Other Jurisdictions. Any applicable county, or any regional, state or federal agency regulations.

All necessary permits shall be obtained before starting work or establishing a new use. The applicant shall be responsible for determining whether any additional permits are necessary. (Ord. 2003-02 § 3, 2003).

A. All applications for the permits, approvals and development agreements described in SMC 19.03.020(B), all appeals provided for under SMC, all requests for determinations or interpretations under Chapters 19.56 and 19.02 SMC, respectively, and all applications for any type of subdivision or other approval filed under SMC Title 19, Division VI (the application, appeal and request shall collectively be referred to as “application”) (the entitlement or decision sought by the application shall collectively be referred to as “approval”) shall include provisions requiring the applicant/appellant/requester (collectively referred to as “applicant”), the owner and their successors in interest to agree, as part of the application, to defend, indemnify, and hold harmless the city and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

B. The indemnification agreement shall be in a form acceptable to the city attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the owner, the city, and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant and owner to indemnify the city for all of the city’s costs, fees, and damages which the city incurs in enforcing the indemnification provisions of this section.

C. Also at the time of submitting an application, the applicant and owner shall agree, as part of the application, to defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or General Plan amendment) if made necessary by said proceeding and if the applicant and/or owner desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

D. In the event that a proceeding described in subsection (A)(1) or (A)(2) of this section, or in SMC 19.03.070, is brought, the city shall promptly notify the applicant and owner of the existence of the proceeding and the city will cooperate in the defense of the proceeding. Nothing in this section shall prohibit the city from participating in the defense of any proceeding.

E. In the event that the applicant and/or owner is required to defend the city in connection with any proceeding described in subsection (A) of this section, or in SMC 19.03.070, the city shall retain the right to approve:

F. The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant and/or owner in the defense of the proceeding.

G. If the city chooses to participate in the defense of the proceeding and have counsel of its own defend any proceeding where the applicant or owner has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Where the city chooses to participate in the defense of the proceeding, the city shall defend the proceeding in good faith. Notwithstanding the foregoing to the contrary, if the city attorney’s office participates in the defense, all city attorney fees and costs shall be paid by the applicant and/or owner.

H. At the time that the application is first filed with the city, the city planning director is authorized to require that the applicant and/or owner pay an amount to the city not to exceed $100,000 to act as a deposit against any liability that the city may have as a result of a proceeding described above. If no proceeding is brought against the city the deposit shall be returned to the applicant and/or owner, without interest, within 45 days after the applicable statute of limitations has passed without a proceeding having been filed. If a proceeding is timely brought against the city, the city may use the deposit to pay for costs and fees it incurs in defending the proceeding and should the city expend more than 50 percent of the deposit, the applicant and/or owner shall be required to replenish the deposit to its original amount within 30 days of receipt of a notice from the city to do so.

I. If the applicant or the owner is not a person, but is an entity, then, as part and parcel of a complete application, the managing member, majority shareholder or other principal of the entity must execute an agreement personally guaranteeing the entity’s obligations under this section.

J. Notwithstanding anything to the contrary stated above, to the extent an approval concerns a subdivision, then as to that approval the applicant and owner shall be required to agree to indemnify, defend and hold the city harmless pursuant to and to the extent provided under Cal. Government Code Section 66474.9(b).

K. If at the time that this section becomes effective, an application for any of the approvals or clearances covered by this section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant and owner to indemnify the city in a form and with language substantially in conformance with subsections (A) through (J) of this section, as the same may be applicable. (Ord. 01-2021 § 1(1), 2021).

A. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, the applicant, the owner and their successors in interest shall, as a condition to and as part of any of the approvals described in SMC 19.03.060(A) defend, indemnify and hold harmless the city and its agents, officers, attorneys and employees from any proceeding (as defined in SMC 19.03.060(A)) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

B. The indemnification obligation shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the owner, the city, and/or the parties initiating or bringing such proceeding. The condition shall also obligate the applicant and owner to indemnify the city for all of the city’s costs, fees, and damages which the city incurs in enforcing the indemnification provisions of the condition.

C. The indemnification obligations shall also require the applicant and owner to defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or General Plan amendment) if made necessary by said proceeding and if the applicant and/or owner desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

D. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, in the event that a proceeding is brought, the city shall promptly notify the applicant and owner of the existence of the proceeding and the city will cooperate in the defense of the proceeding. Nothing in this section or the condition of approval shall prohibit the city from participating in the defense of any proceeding.

E. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, in the event that the applicant and/or owner is required to defend the city in connection with any proceeding, the city shall retain the right to approve:

F. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, the city shall also have the right not to participate in the defense, except that the city will cooperate with the applicant and/or owner in the defense of the proceeding.

G. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, if the city chooses to participate in the defense of the proceeding and have counsel of its own defend any proceeding where the applicant or owner has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Where the city chooses to participate in the defense of the proceeding, the city shall defend the proceeding in good faith. Notwithstanding the foregoing to the contrary, if the city attorney’s office participates in the defense, all city attorney fees and costs shall be paid by the applicant and/or owner.

H. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, at the time that the application is first filed with the city, the city planning director is authorized to require that the applicant and/or owner pay an amount to the city not to exceed $100,000 to act as a deposit against any liability that the city may have as a result of a proceeding described above. If no proceeding is brought against the city the deposit shall be returned to the applicant and/or owner, without interest, within 45 days after the applicable statute of limitations has passed without a proceeding having been filed. If a proceeding is timely brought against the city, the city may use the deposit to pay for costs and fees it incurs in defending the proceeding and should the city expend more than 50 percent of the deposit, the applicant and/or owner shall be required to replenish the deposit to its original amount within 30 days of receipt of a notice from the city to do so.

I. Irrespective whether the applicant and/or owner for an approval described in SMC 19.03.060(A) executes an agreement or application pursuant to SMC 19.03.060, if the applicant or the owner is not a person, but is an entity, then the managing member, majority shareholder or other principal of the entity shall be personally liable for the entity’s obligations under this section.

J. Notwithstanding anything to the contrary stated above, to the extent an approval concerns a subdivision, then as to that approval the applicant and owner shall be required to indemnify, defend and hold the city harmless pursuant to and to the extent provided under Cal. Government Code Section 66474.9(b). (Ord. 01-2021 § 1(1), 2021).