Sonoma City Zoning Code
Division V
Planning Permit Procedures
19.52 Applications: Filing and Processing
This division describes each type of land use and development permit required by the development code and the city’s requirements for the preparation, filing, processing, and approval or disapproval of each permit application. The division also sets time limits for the establishment of a land use or commencement of development as authorized by an approved permit, and provides for permit time extensions when needed.
19.54 Planning Permit Approval or Disapproval
This chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this development code. Procedures and standards for the review and approval of subdivision maps and related applications are found in Division VI, Subdivisions. Where applicable, the procedures of this chapter are carried out after those described in Chapter 19.52 SMC, Applications: Filing and Processing, for each application.
19.56 Permit Implementation, Time Limits, Extensions
This chapter provides requirements for the implementation or exercising of the permits required by this development code, including time limits, and procedures for extensions of time.
19.52.010 Purpose of division.
This division provides procedures and requirements for the preparation, filing and processing of applications for the planning permits required by this development code. (Ord. 2003-02 § 3, 2003).
19.52.020 Authority for land use and zoning decisions.
Table 5-1, Review Authority for Planning Permits, identifies the city official or body responsible for reviewing and making decisions on each type of application, planning permit and other approval required by this development code. (Ord. 2003-02 § 3, 2003).
19.52.030 Concurrent permit processing.
When a single project incorporates different land uses or features so that this development code requires multiple planning permit applications, all the applications shall be reviewed concurrently, with the review being the responsibility of the higher decision-making body. For purposes of this section, the planning commission is higher than the historic preservation commission. For example, an application for a use permit and design review would be decided by the planning commission with any appeal to the city council. (Ord. 12-2022 § 1(C), 2022; Ord. 2003-02 § 3, 2003).
19.52.040 Application preparation and filing.
A. Preapplication Review. Prospective applicants and agents are encouraged to request a pre-application review prior to completion of project design and the formal submittal of a permit application. A request by an applicant for preapplication review, accompanied by preliminary project plans and designs, will be reviewed by the city’s project advisory committee (PAC). The PAC will inform the applicant of city requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, based on identified development standards and other adopted policies and regulations, and identify technical studies that may be necessary for the environmental review process when a formal application is filed.
B. Planning Commission Study Session. Prospective applicants and agents considering development applications that are large, complex, or potentially controversial, are encouraged to request a study session with the planning commission prior to or immediately following the submittal of a formal application. Such sessions are structured so as to provide an opportunity for a free dialog between an applicant and the planning commission in order to explore issues and alternatives related to site design, building massing and architecture, environmental mitigation, and other planning issues at an early stage of project review.
C. Application Contents. Applications for planning permits, amendments (e.g., General Plan, zoning map and development code) and other matters pertaining to this development code shall be filed with the division using the forms provided by the division. Applications shall include all information and materials required by the application content requirements list provided by the division for the specific type of application (i.e., conditional use permit, variance, or others).
D. Eligibility for Filing. Applications may be made by the owner of the subject property, or by a lessee or any other person, with the consent of the property owner. (Ord. 2003-02 § 3, 2003).
19.52.050 Application fees.
The council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this development code. The schedule of fees may be changed or modified only by resolution of the council. The city’s processing fees are cumulative, unless otherwise specified in the city fee resolution. Processing shall not commence on any application until all required fees have been paid. No new application shall be filed for a property until all outstanding fees, including late changes and penalties, have been paid for the subject property. (Ord. 05-2023 § 1(D), 2023; Ord. 2003-02 § 3, 2003).
19.52.060 Initial application review.
All applications filed with the city planner in compliance with this development code shall be initially processed as follows:
A. Completeness Review. The city planner shall review all applications for completeness and accuracy before they are accepted as being complete.
1. Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided. All additional information needed shall be specified in the letter providing notice of an incomplete application.
2. Appeal of Determination. Where the city planner has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the city planner is not required, the applicant may appeal the determination in compliance with Chapter 19.84 SMC, Appeals.
3. Environmental Information. The city planner may require the applicant to submit additional information needed for the environmental review of the project in compliance with SMC 19.52.070, Environmental assessment.
4. Expiration of Application. If the applicant does not provide sufficient information to complete an application within six months after the first filing with the city planner, the application shall be deemed withdrawn. A new application, including fees, plans, exhibits and other materials that are required to commence processing of any development project on the same property, must then be filed in compliance with this section before processing will begin. No new application shall be filed for a property until all outstanding fees, including late changes and penalties, have been paid for the subject property.
B. Referral of Application. At the discretion of the city planner, or where otherwise required by this development code, state or federal law, any application filed in compliance with this development code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
Table 5-1. Review Authority for Planning Permits1
Type of Decision | Role of Review Authority2 | |||
|---|---|---|---|---|
City | Planning Commission | Historic Preservation Commission | City | |
Administrative Approvals and Amendments | ||||
Recommend | Recommend | Decision | ||
Interpretations | Decision3 | Appeal | Appeal | Appeal |
General Plan Amendment4 | Recommend | Recommend | Decision | |
Development Code Amendment | Recommend | Recommend | Decision | |
Zoning Map Amendment | Recommend | Recommend | Decision | |
Planning Permits and Development Approvals | ||||
Decision | Appeal | Appeal | ||
Temporary Use Permits | Decision | Appeal | Appeal | |
Use Permits | Recommend | Decision | Appeal | |
Exceptions | Recommend | Decision | Appeal | |
Recommend | Decision | Appeal | ||
Planned Development Permit | Recommend | Decision | Appeal | |
Design Review – Major | Recommend | Decision | Decision | Appeal |
Design Review – Minor | Decision | Appeal | Appeal | |
Demolition Permit | Recommend | Decision | Appeal | |
Notes:
1.The review authority for subdivision-related approvals is set forth in Table 16-1 (SMC 16.01.070, Authority for subdivision decisions).
2.“Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.84 SMC, Appeals.
3.The city planner may refer any matter subject to his/her decision to the planning commission, so that the commission may instead make the decision.
4.See Chapter 19.86 SMC, General Plan and Development Code/Zoning Map Amendments.
(Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 05-2023 § 1(E), 2023; Ord. 06-2013 § 3, 2013; Ord. 2003-02 § 3, 2003).
19.52.070 Environmental assessment.
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and city CEQA guidelines to determine whether the proposed project is exempt from the requirements of CEQA, whether it is a project which requires review under CEQA and if so, whether a negative declaration may be issued, or an environmental impact report (EIR) must be required. These determinations and, where required, the preparation of EIRs shall be in compliance with the city’s CEQA guidelines. (Ord. 2003-02 § 3, 2003).
19.52.080 Staff report and recommendations.
A. Staff Evaluation. City planner shall review all applications filed in compliance with this chapter to determine whether they comply and are consistent with the provisions of this development code, other applicable provisions of the municipal code, and the General Plan, and shall provide a recommendation to the reviewing commission and/or council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.
B. Staff Report Preparation. A staff report shall be prepared by the city planner that describes their conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this development code, other applicable provisions of the municipal code, applicable specific plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.
C. Report Distribution. Staff reports shall be furnished to applicants at the same time as they are provided to members of the commission and/or council prior to a hearing on the application. If no hearing is required, the staff report will be distributed to the applicant and interested parties only. (Ord. 05-2023 § 1(F), 2023; Ord. 2003-02 § 3, 2003).
19.54.010 Purpose of chapter.
This chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this development code. Procedures and standards for the review and approval of subdivision maps and related applications are found in Division VI, Subdivisions. Where applicable, the procedures of this chapter are carried out after those described in Chapter 19.52 SMC, Applications: Filing and Processing, for each application. (Ord. 2003-02 § 3, 2003).
19.54.020 Zoning clearance.
A. Purpose. The issuance of a zoning clearance is the procedure used by the city to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the type of use. Where Division II, Community Design, requires a zoning clearance as a prerequisite to establishing a land use, the city planner shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this section.
B. Applicability. A zoning clearance shall be required at the time of planning division review of any building, grading or other construction permit, or other authorization required by this development code for the proposed use. Where no other authorization is required, a request for zoning clearance shall be filed with, and use the forms provided by the division.
C. Criteria for Clearance. The city planner may issue the zoning clearance after determining that the request complies with all development code provisions applicable to the proposed use. (Ord. 2003-02 § 3, 2003).
19.54.030 Temporary use permits.
A. Purpose. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. In addition, a temporary use permit may be granted by the planning commission in order to test the compatibility of a conditionally allowed use.
B. Permitted Temporary Uses. The following temporary uses may be permitted in any zoning district (except as otherwise stated below) subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall instead comply with the use and development restrictions and permit requirements that otherwise apply to the property, in compliance with Division II of this title (Community Design).
1. Construction Yards. Off-site contractors’ construction yards in conjunction with an approved construction project.
2. Seasonal Sales Lots and Activities. Christmas tree sales lots or the sale of other seasonal products, haunted houses, along with temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than 15 percent of the total parking spaces on the site and does not impair emergency vehicle access.
3. Festivals on Private Property. Carnivals, circuses, festivals, ethnic celebrations, and other similar special events on private property may be approved in mixed use, wine production, and commercial zoning districts; provided, that they do not continue for more than five consecutive days, and do not occur more often than four times per year. These uses shall also comply with any requirements of other city departments.
4. Temporary Offices and Work Trailers. A trailer, coach or mobile home as a temporary office facility, or work site for employees of a business:
a. During construction or remodeling of a permanent commercial or industrial structure or residential development when a valid building permit is in force; or
b. Upon demonstration by the applicant that this temporary facility is a short-term necessity while a permanent facility is being obtained or constructed.
5. Special Events. The rental or other use of property by third parties for weddings, receptions, private parties, music performances, and similar events may be approved in any zoning district; provided, that they do not continue for more than one day and do not occur more often than two times per year. These uses shall also comply with any requirements of other city departments. The requirement for a temporary use permit shall not apply to special events conducted in accordance with applicable conditions of approval within an approved special events venue or other site for which a use permit for the same or substantially similar special events has previously been issued.
6. Similar Temporary Uses. Similar temporary uses to those specified above which, in the opinion of the city planner, are compatible with the zoning district and surrounding land uses.
7. Trial Use. At its discretion, the planning commission may approve a temporary use permit in order to verify the compatibility of a proposed conditional use. This allowance shall not apply to applications involving new structures or building modifications for which a building permit is required.
C. Duration. A temporary use permit may be granted for up to one year. An extension, not to exceed one year, may be authorized by the planning commission, subject to the findings set forth in subsection (J) of this section. The extension of a temporary use permit by the planning commission shall be subject to the public notice and hearing requirements set forth in Chapter 19.88 SMC (Public Hearings).
D. Temporary Uses Regulated by Other Provisions of the Municipal Code. The following temporary uses are subject to the referenced municipal code provisions instead of the requirements of this section:
1. Location Filming. Location filming is subject to the provisions of Chapter 7.40 SMC.
2. City Parks and Playing Fields. The use of city parks, playing fields and other city-owned property is subject to the provisions of SMC 9.12.280.
3. Parades. Parades on city streets are subject to the provisions of SMC 12.20.030.
E. Development Standards. Standards for structure setbacks, heights, floor areas, parking and other structure and property development standards that apply to the type of use or the zoning district of the site may be applied to temporary uses, as deemed appropriate by the review authority.
F. Application Requirements. A temporary use permit application shall be filed with the planning department. The application shall be accompanied by the following:
1. Illustrations. Sketches or drawings of sufficient size and clarity to show without further explanation the following: size and location of the property, location of adjacent streets, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, or structures to be installed as part of the temporary use;
2. Statement of Operations. Letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during commercial operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses; and
3. Notice to Abutting Property Owners. The applicant shall be responsible for providing notice to abutting property owners of the proposed use. This notice shall describe the proposed use, including dates and times of operation.
G. Administrative Approval. At the discretion of the city planner, an application for a temporary use permit may be approved administratively, except for “trial uses” and any activity of more than one year in duration.
H. Referral to Planning Commission. At the discretion of the city planner, a temporary use permit may be referred to the planning commission for a hearing and decision.
I. Project Review, Notice and Hearing. Each temporary use permit application shall be analyzed by the city planner to ensure that the application is complete and proposes a use that is consistent with the purpose and intent of this section and shall be circulated to other city departments and outside agencies as applicable. For a temporary use permit application or extension that is subject to the review of the planning commission, the planning commission shall conduct a public hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings).
J. Findings, Decision. A temporary use permit may be approved, modified, conditioned, or disapproved by the review authority (city planner or planning commission, as applicable). The review authority may approve or conditionally approve a temporary use permit application only if all the following findings are made:
1. That the establishment, maintenance or operation of the temporary use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
2. The temporary use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and
3. The temporary use does not involve the construction of new permanent structures for which a building permit is required.
In making these determinations, the review authority shall take into consideration the limited duration of the proposed use.
K. Conditions of Approval. In approving an application for a temporary use permit, the review authority may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by subsection (J) of this section.
L. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this development code. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.
M. Revocation. A temporary use permit may be revoked by the city planner at any time for failure to comply with the conditions of approval, this section, or the SMC.
N. Temporary Use Permits Not Transferable. A temporary use permit granted in compliance with this section and all of the rights and privileges granted thereunder are restricted to and operate only in favor only of the applicant and shall not be transferable upon a change of ownership or tenancy of the site that was the subject of the permit application. (Ord. 02-2012 § 5 (Exh. B), 2012; Ord. 2003-02 § 3, 2003).
19.54.040 Use permits.
A. Purpose. Use permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effect on the site and surroundings cannot be determined prior to being proposed for a particular location. The procedures of this section provide for the review of the location, design, configuration, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.
B. Applicability. A use permit is required to authorize proposed land uses and activities identified by Division II, Community Design, as being allowable in the applicable zoning district subject to the approval of a use permit and to authorize modifications to previously approved use permits.
C. Application Requirements. An application for a use permit shall be filed and processed in compliance with Chapter 19.52 SMC, Applications: Filing and Processing.
D. Project Review, Notice and Hearing. Each use permit application shall be analyzed by the city planner to ensure that the application is consistent with the purpose and intent of this section. The planning commission shall conduct a public hearing on an application for a use permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC, Public Hearings.
E. Findings, Decision. Following a public hearing, the planning commission may approve or disapprove an application for a use permit. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve a use permit only if the planning commission first finds that:
1. The proposed use is consistent with the General Plan and any specific plan;
2. The proposed use is allowed with a conditional use permit within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);
3. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; and
4. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.
F. Conditions of Approval. In approving a use permit, the planning commission may adopt any conditions of approval deemed necessary to achieve consistency with the General Plan and any applicable specific plan, compliance with the provisions and purposes of this development code, and the protection of the public health, safety, and welfare.
G. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a use permit application.
H. Use Permits to Run with the Land. A use permit granted in compliance with this section shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. (Ord. 09-2024 § 2(A), 2024; Ord. 2003-02 § 3, 2003).
19.54.050 Exceptions.
A. Purpose. The provisions of this section allow for limited adjustments to the physical and quantified development standards of this development code in response to environmental features and site conditions, historic development patterns of the property or neighborhood, and in the interest in promoting creativity and personal expression in site planning and development.
B. Applicability. The planning commission may grant an exception to the requirements of this development code governing only the following requirements of Divisions II, III, and IV:
1. Dimensional standards (i.e., distance between structures, building area and coverage, landscape and paving requirements, setbacks, and structure heights);
2. Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this development code;
The authority to grant exceptions does not include allowed land uses, residential density regulations, subdivision standards, or fence heights. An exception may not exceed 30 percent of the standard from which relief is sought.
C. Application Requirements. An application for an exception shall be filed in compliance with SMC 19.52.040, Application preparation and filing. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (E) of this section, Findings, Decision.
D. Project Review, Notice and Hearing. Each exception application shall be reviewed by the city planner to ensure that the application is consistent with the purpose and intent of this section. The planning commission shall hold a public hearing in compliance with Chapter 19.88 SMC, Public Hearings, and may approve or disapprove the exception in compliance with this section.
E. Findings, Decision. Following a public hearing, the planning commission may approve, approve subject to conditions, or disapprove the exception. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve an application, with or without conditions, only if the planning commission first finds that:
1. The adjustment authorized by the exception is consistent with the General Plan, any applicable specific plan, and the overall objectives of this development code;
2. An exception to the normal standards of the development code is justified by environmental features or site conditions; historic development patterns of the property or neighborhood; or the interest in promoting creativity and personal expression in site planning and development;
3. Granting the exception will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the same zoning district.
F. Conditions. Any exception granted shall be subject to conditions that will ensure that the exception is compatible with adjacent properties.
G. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on an exception application. (Ord. 09-2024 § 2(B), 2024; Ord. 2003-02 § 3, 2003).
19.54.060 Variances.
A. Purpose. The provisions of this section allow for variances from the development standards of this development code only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
B. Applicability. The planning commission may grant a variance from the requirements of this development code governing only the following development standards:
1. Dimensional standards (i.e., distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);
2. Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this development code.
The power to grant variances does not include allowed land uses, or residential density regulations.
C. Application Requirements. An application for a variance shall be filed in compliance with SMC 19.52.040, Application preparation and filing. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (E) of this section, Findings, Decision.
D. Project Review, Notice and Hearing. Each variance application shall be reviewed by the city planner to ensure that the application is consistent with the purpose and intent of this section. The planning commission shall hold a public hearing in compliance with Chapter 19.88 SMC, Public Hearings, and may approve or disapprove the variance in compliance with this section.
E. Findings, Decision. Following a public hearing, the planning commission may approve, approve subject to conditions, or disapprove the variance. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve an application, with or without conditions, only if the planning commission first finds that:
1. The adjustment authorized by the variance is consistent with the General Plan and any applicable specific plan;
2. There are special circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of the requirements of this development code deprives the property owner of privileges enjoyed by other property owners in the vicinity and within the same zoning district;
3. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;
4. The adjustment authorized by the variance will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district;
5. Granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the same zoning district.
F. Conditions. Any variance granted shall be subject to conditions that will ensure that the variance does not grant special privilege(s) inconsistent with the limitations upon other properties in the vicinity and same zoning district.
G. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a variance application. (Ord. 09-2024 § 2(C), 2024; Ord. 2003-02 § 3, 2003).
19.54.070 Planned development permit.
A. Purpose. The planned development permit is intended to provide a process for allowing greater flexibility in site planning and design than afforded by the general development standards of this development code, to encourage more innovative and desirable projects, and efficient use of land than may be possible through strict application of conventional zoning regulations. In general, planned development permits are intended to address development under the following circumstances:
1. Properties with unique, challenging, or valuable topographic or environmental features;
2. Infill properties that are oddly shaped, narrow, or otherwise difficult to design for using normal development standards;
3. Site plans or building designs that are clearly responsive to the objectives of this development code, but which require variations from the normal development standards in order to achieve a useful innovation or a higher level of design quality than would otherwise be possible;
4. Developments that include affordable housing, where departures from normal development standards are used to reduce development costs while maintaining design quality.
A planned development permit shall not be granted solely for the purpose of maximizing development potential or for merely allowing the development of individual units on separate lots.
B. Applicability. Planned development permits may be requested for any development project in any residential, mixed use, or commercial zoning district. Flexibility in the application of development standards may only be authorized with regard to the following requirements of Divisions II, III, and IV:
1. Structure location and setbacks, yard areas, and open spaces;
2. Parking and loading requirements, ingress and egress location;
3. Fences, walls and screening;
4. Landscaping requirements;
5. Lot area and dimensions.
The power to modify development standards through a planned development permit does not include allowed land uses, residential density regulations, or building heights.
C. Application Requirements. An application for a planned development shall be filed in compliance with SMC 19.52.040, Application preparation and filing. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section, Findings, Decision.
D. Project Review, Notice and Hearing. Each planned development application shall be reviewed by the city planner to ensure that the application is consistent with the purpose and intent of this section. The planning commission shall hold a public hearing in compliance with Chapter 19.88 SMC, Public Hearings, and may approve, approve with conditions, or disapprove the planned development permit in compliance with this section.
E. Objectives. In the course of reviewing an application for a planned development permit, the planning commission shall evaluate it in terms of the following objectives, as applicable:
1. General Objectives.
a. Integrating environmental features and other site characteristics into the development plan;
b. Establishing appropriate relationships between the development and adjoining properties, in terms of setbacks, yard orientation, and building heights;
c. Creating high quality common and/or private open space; and
d. Appropriately relating building mass to lot size and to adjacent development.
2. Objectives for Residential and Mixed Use Development.
a. Providing well-designed affordable units;
b. Contributing toward variety in housing types and tenure, especially through the provision of a substantial component of smaller, attached units and unit types that address identified community needs, to the extent compatible with neighborhood conditions;
c. Facilitating mixed use development that is well-integrated internally and with respect to adjoining uses in terms of the type, siting, and arrangement of uses.
Any application for a planned development permit shall be shall be considered in relation to these objectives, the development standards and design guidelines of this development code, other applicable ordinances of the city, and applicable General Plan policies.
F. Findings, Decision. Following a public hearing, the planning commission may approve, approve subject to conditions, or disapprove the planned development permit. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve a planned development permit application with or without conditions, only if the planning commission finds that:
1. The planned development permit is consistent with the General Plan, any applicable specific plan, and the intent and applicable objectives of this section;
2. The design of the development is consistent with the intent of applicable regulations and design guidelines of the development code;
3. The various use and development elements of the planned development relate to one another in such a way as to justify exceptions to the normal standards of the development code;
4. The design flexibility allowed by the planned development permit has been used to creatively address identified physical and environmental constraints and/or meet identified housing needs; and
5. The proposed development will be well-integrated into its setting, will relate appropriately to adjacent uses, and will retain desirable natural features of the site and the surrounding area.
G. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a planned development permit application. (Ord. 09-2024 § 2(D), 2024; Ord. 03-2016 § 4 (Exh. D), 2016; Ord. 2003-02 § 3, 2003).
19.54.080 Design review.
A. Purpose. This section establishes the review procedures necessary to ensure that all applicable development projects comply with the required standards, design guidelines and ordinances of the city; minimize potential adverse effects on surrounding properties and the environment; implement general plan policies regarding community design; and promote the general health, safety, welfare, and economy of the residents of the city. Therefore, it is the purpose of this section to:
1. Protect and enhance historic buildings and the city’s historic character;
2. Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities, landscaping, parking areas, and streets;
3. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence; and
4. Ensure that new developments, including residential, institutional, commercial, and industrial developments, build on the city’s character and do not have an adverse aesthetic impact upon existing adjoining properties, the natural environment, or the city in general.
B. Development Subject to Major Design Review. Major design review shall be required for the following, unless eligible for minor design review as provided for in subsection (C) of this section or exempt as provided for in subsection (D) of this section:
a. Any new construction of primary structures.
b. Additions greater than or equal to 25 percent or 800 square feet of existing gross floor area, whichever is less.
c. Any exterior modifications visible to the public from the public right-of-way or areas accessible to the public.
2. Residential buildings located in the historic overlay or listed or determined eligible for listing in the local historical register:
a. Any new construction of primary structures.
b. Additions greater than or equal to 25 percent or 500 square feet of existing gross floor area, whichever is less.
c. Additions that create a new upper story or exceed a height of 15 feet above the adjacent finished grade elevation measured in accordance with SMC 19.40.040 (Structure height measurement and height limit exceptions).
d. Any exterior modifications visible from the public right-of-way or areas accessible to the public.
3. New single-family residential subdivision.
4. New multifamily development that does not comply with the applicable design standards of Chapter 19.43 SMC (Multifamily objective design standards).
5. New parking facilities with 10 or more parking spaces or improvements to existing parking facilities of the same size either before or after the proposed improvement.
6. Modifications of previously approved design review plans, except as otherwise provided in subsections (C) and (D) of this section.
C. Development Subject to Minor Design Review. Minor design review shall be required for the following, unless exempt as provided for in subsection (D) of this section:
a. Additions of less than 25 percent or 800 square feet of existing gross floor area, whichever is less.
b. Any exterior modifications not visible to the public from the public right-of-way or areas accessible to the public.
2. Residential buildings located in the historic overlay or listed or determined eligible for listing in the local historical register:
a. New accessory structure in keeping with all development criteria.
b. Additions less than 25 percent or 500 square feet of existing gross floor area, whichever is less.
c. Additions that do not create a new upper story and do not exceed a height of 15 feet above the adjacent ground elevation measured in accordance with SMC 19.40.040 (Structure height measurement and height limit exceptions).
d. Any exterior modifications not visible from the public right-of-way or areas accessible to the public.
3. New parking facilities with less than 10 parking spaces or improvements to existing parking facilities of the same size.
4. Modifications of previously approved design review plans, except as otherwise provided in subsections (B) and (D) of this section.
5. Any new construction not in compliance with the development standards that are determined by the community development director or designee to pose unusual or substantial impacts to neighboring properties.
6. Those projects normally exempt under subsection (D) of this section that are determined by the community development director or designee to pose potential impacts to neighboring properties.
D. Development Exempt From Design Review. The following improvements shall be exempt from the design review process. The community development director has the discretion to refer applications to the appropriate design review authority for consideration and final action. Exemptions shall be reviewed through the plan check process to ensure compliance with zoning standards.
1. New residential structures and residential accessory structures not located in the historic overlay or in a listed or eligible historic district.
2. Modifications to existing residential structures not listed or determined eligible for listing on the local historical register.
3. New multifamily development that complies with the applicable design standards of Chapter 19.43 SMC (Multifamily Objective Design Standards).
4. Window replacement.
a. Structures that are listed or determined eligible for listing on the local historical register – original windows must be replaced like for like in material, type, size and style.
b. Nonresidential structures and residential structures in the historic overlay – replacement windows shall match the predominant window material type and there are no changes to the dimensions.
c. Vinyl and vinyl clad windows should not be used in the historic overlay or on listed or eligible historic resources that are visible from the public right-of-way.
d. Public facing windows shall all be consistent in material and design.
5. Repainting structures that are listed or determined eligible for listing on the local historical register that are consistent with the historic architectural style.
6. Reroofing buildings and structures.
a. Structures that are listed or determined eligible for listing on the local historical register – roof materials shall be replaced like for like in material, size and style.
b. Nonresidential structures and residential structures in the historic overlay – roof materials shall be Class A roofing that is consistent with the architectural style and surrounding neighborhood, provided there are no changes to the dimensions, square footage, or roof pitch.
7. Exterior wildfire resistant construction materials and methods in accordance with Chapter 7A of the California Building Code, including, but not limited to, replacement of natural wood siding with fire resistant materials that simulate the appearance of wood, enclosing of roof eaves and wrapping of decks, except for buildings listed or determined eligible for listing on the local historical register.
8. Involves reconstruction of a conforming structure has been destroyed by a natural disaster or accident and the proposal to reconstruct uses the same materials and design, is located on the same footprint, and does not increase the gross floor area of the previously existing structure.
E. Historic Resource Evaluation Required. A historic resource evaluation (HRE) prepared by a qualified architectural historian meeting the Secretary of the Interior’s professional qualifications standards for architectural history or historic architecture shall be submitted for all projects impacting primary and detached accessory structures over 45 years old to determine eligibility for listing as a historic resource. The architectural historian shall be selected and retained by the community development director from a list of qualified historians selected by the community development director. Alternatively, at the discretion of the community development director, an applicant-submitted HRE prepared by a qualified architectural historian meeting the Secretary of the Interior’s professional qualifications standards for architectural history or historic architecture shall be peer reviewed by an architectural historian selected and retained by the director from a list of qualified historians. All costs and fees for the services of the HRE shall be paid by the applicant and shall be paid in full at the time of the project application. The HRE shall evaluate the potential significance of the existing structures and their eligibility for listing on the local historical register.
F. Application Requirements. An application for design review shall be prepared, filed, and processed in compliance with SMC 19.52.040 (Application preparation and filing), before the application for a building permit.
1. The application shall provide a site plan, building elevations, narrative, and any other information, plans and maps prescribed by the community development director.
2. For those structures listed or determined to be eligible for listing in the local historical register or a contributing resource to a historic district, a report prepared by a qualified architectural historian meeting the Secretary of the Interior’s professional qualifications standards for architectural history or historic architecture shall be provided which evaluates the proposed project according to the Secretary of the Interior’s standards for the treatment of historic properties. This report shall determine whether the proposed project would cause a significant impact to a historical resource and shall be prepared by an architectural historian selected and retained by the community development director from a list of qualified historians. All costs and fees for the services of the report and shall be paid in full at the time of the project application.
3. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (I) of this section (Findings, Decision).
G. Review Procedures and Authority. Each design review application shall be reviewed by the community development director to ensure that the application is consistent with the purpose and intent of this section.
1. Major Design Review. The planning commission shall hold a public hearing in compliance with Chapter 19.88 SMC (Public Hearings) and may approve, approve with conditions, or deny a major design review permit application in compliance with this chapter.
2. Minor Design Review. The community development director may approve, approve with conditions, or deny a minor design review permit application in compliance with this chapter.
a. Noticing. Prior to a decision, the director shall notice pending decisions in compliance with SMC 19.88.020 (Notice of hearing). The notice shall state that the community development director will decide whether to approve or deny the minor design permit application on a date specified in the notice, and that a planning commission public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the planning commission public hearing shall be provided in compliance with Chapter 19.88 SMC (Public Hearings).
H. Factors to Be Considered.
1. In the course of design review, the consideration of the review authority shall include the following factors:
a. The historical significance, if any, of the site or buildings or other features on the site;
b. Environmental features on or adjacent to the site;
c. The context of uses and architecture established by adjacent development; and
d. The location, design, site plan configuration, and effect of the proposed development.
2. These factors shall be considered in relation to the development standards of this development code, other applicable ordinances of the city, and applicable general plan policies.
I. Findings, Decision. The review authority may approve, approve subject to conditions, or deny an application for design review. The review authority may approve an application, with or without conditions, only if it first makes the findings set forth below.
1. Basic Findings. To approve any application for design review, the review authority must make the following findings:
a. The project complies with applicable policies and regulations, as set forth in this development code (except for approved variances and exceptions), other city ordinances, and the general plan;
b. On balance, the project is consistent with the intent of applicable design standards set forth in this development code;
c. The project responds appropriately to the context of adjacent development, as well as existing site conditions and environmental features; and
d. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.
2. Projects Within the Historic Overlay District. In addition to the basic findings set forth in subsection (I)(1) of this section, the review authority must make the following additional findings for any project located within the historic overlay district:
a. The project will not impair the historic character of adjacent historic resources;
b. The project substantially complies with the applicable guidelines set forth in Chapter 19.42 SMC (Historic Preservation and Infill in the Historic Zone); and
c. The project substantially complies with any applicable preservation plan or other guidelines or requirements pertaining to a local historic district as designated through SMC 19.42.020 (Designation of a local historic resource or district) and adopted by the city of Sonoma.
3. Projects Involving Historically Significant Resources. In addition to the basic findings set forth in subsection (I)(1) of this section, the review authority must make the following additional findings for any project located on a site that contains a resource that is listed or eligible for listing in the local historical register or located in a historic district:
a. The project will not impair the historic character of adjacent historic resources;
b. The project substantially complies with the applicable guidelines set forth in Chapter 19.42 SMC (Historic Preservation and Infill in the Historic Zone); and
c. The project substantially complies with any applicable preservation plan or other guidelines or requirements pertaining to a local historic district as designated through SMC 19.42.020 (Designation of a local historic resource or district) and adopted by the city of Sonoma.
d. The project complies with the applicable Secretary of the Interior standards and guidelines for the treatment of historic properties.
J. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a design review application. (Ord. 10-2025 § 2 (Exh. B), 2025).
19.54.090 Demolition permit.
A. Purpose. Sonoma has a significant heritage of historic buildings, as exemplified by the designation of the Sonoma Plaza as a National Historic Landmark. These buildings provide a tangible link to the city’s past, foster civic pride and a sense of community, and constitute an important aesthetic, cultural, and economic resource. In order to preserve this heritage while respecting the rights of the property owners, this chapter establishes provisions for the review of demolitions, including a requirement for demolition permits.
B. Applicability. For any proposed demolition, a demolition permit shall be obtained prior to the issuance of a building permit, unless the demolition is exempted by subsection (C) of this section. Applications for a demolition permit shall be subject to the review and approval by the planning commission.
C. Exemptions. The following categories of demolition shall be exempt from review:
1. Structures that are not located in the historic overlay or listed or determined eligible for listing on the city of Sonoma inventory of historic sites and structures;
2. Detached accessory structures that are not listed or determined eligible for listing on the city of Sonoma inventory of historic sites and structures;
3. Structures that the building official has determined present a clear and immediate threat to public safety.
D. Timing. When an application for demolition is associated with a development proposal that requires a discretionary permit, the review of the demolition application shall be completed concurrent with review of any other application for a discretionary permit.
E. Application Requirements and Procedures. Any person seeking approval of a nonexempt demolition in compliance with this chapter shall make application for a demolition permit prior to an application for a building permit, in compliance with SMC 19.52.040, Application preparation and filing. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (G) of this section, Findings, Decision.
1. Commencement of Review. The review of an application for a demolition permit shall not be initiated until the planning division receives a complete application, including all required documentation as specified in the application form and any additional information required by the city planner in order to conduct a thorough review of the proposed demolition, including, if applicable, a historic resource evaluation (HRE) prepared by a qualified architectural historian meeting the Secretary of the Interior’s Professional Qualifications Standards for Architectural History or Historic Architecture. The HRE shall evaluate the potential significance of the existing structures and their eligibility for listing on the California Register. The architectural historian shall be selected and retained by the city planner from a list of qualified historians selected by the planning and community services director. Alternatively, at the discretion of the planning and community services director, an applicant-submitted HRE prepared by a qualified architectural historian meeting the Secretary of the Interior’s Professional Qualifications Standards for Architectural History or Historic Architecture may be peer reviewed by an architectural historian selected and retained by the city planner from a list of qualified historians. All costs and fees for the services of the HRE shall be paid by the applicant and shall be paid in full at the time of the project application.
2. Notice and Hearing. The planning commission shall conduct a public hearing on an application for a demolition permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC, Public Hearings, and may approve, approve with conditions, or disapprove the demolition permit in compliance with this section.
3. Factors to Be Considered. In the course of demolition permit review, the consideration of the planning commission shall include the following factors:
a. The historical significance, if any, of the structure proposed for demolition;
b. The contribution, if any, the structure makes to a historic context;
c. The cost of preserving or rehabilitating the structure;
d. The potential for adaptive reuse; and
e. The potential for relocating the structure.
F. Determination of Significance. For purposes of requiring an application for a demolition permit, it shall be presumed that a structure possesses historic significance if said structure is listed or determined eligible for listing on the city of Sonoma inventory of historic sites and structures. However, in its review of an application for a demolition permit, the planning commission may determine that a listed structure is not historically significant if, based on evidence in the record, it finds that:
1. The listing in the inventory or finding or eligibility is based on erroneous or incomplete information; or
2. The property no longer meets the eligibility criteria for listing due to loss of integrity.
G. Findings, Decision. Following the public hearing, the planning commission may approve or approve with conditions or disapprove a demolition permit application. In order to approve an application for a demolition permit, the planning commission must find that:
1. The structure is not historically significant, based upon the criteria established by the State Office of Historic Preservation; or
2. The structure does not represent a unique and irreplaceable historic or architectural resource;
3. The community benefit of preserving the structure is outweighed by the cost of preservation and rehabilitation;
4. The adaptive reuse of the structure is infeasible or inappropriate, due to economic considerations, structural conditions or land use incompatibility; and
5. The relocation of the structure is infeasible due to cost, structural conditions or lack of an interested taker.
H. Review of Replacement Structures. Notwithstanding the limitations on the design review set forth in SMC 19.54.080(B), the planning commission may require, as a condition of approval for a demolition permit issued within the historic overlay district, that any replacement structures, including single-family residences, be subject to design review in order to ensure that the new construction is compatible with the historic context of the site.
I. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a demolition permit application. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 09-2024 § 2(E), 2024; Ord. 05-2023 § 1(H), 2023; Ord. 06-2013 § 3, 2013; Ord. 07-2007 § 1 (Exh. A), 2007; Ord. 2003-02 § 3, 2003).
19.54.100 Request for reasonable accommodation.
A. Purpose. It is the city’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this section is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements. This chapter is based on requirements of the federal and state fair housing laws, and implements the housing element of the city’s general plan. It is distinct from the requirements for exceptions and variances as set forth in SMC 19.54.050 and 19.54.060, respectively. To make specific housing available to a disabled person as defined in SMC 19.92.020, any person may request reasonable accommodation under this section to modify a land use or zoning standard, regulation, policy, or procedure of the city as may be necessary to afford the disabled person equal opportunity for the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under this section.
B. Applicability. A request for a reasonable accommodation consists of modifications or exceptions to the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide a disabled person equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city’s planning and zoning programs.
C. Application. A request for reasonable accommodation shall be filed and processed in compliance with Chapter 19.52 SMC, Applications: Filing and Processing.
1. Notice to the Public of Availability of Accommodation Process. The city shall prominently display in City Hall a notice advising disabled persons or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section.
2. Application Form. An application for reasonable accommodation shall be submitted on a form prescribed by the planning director.
3. Privacy. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
4. Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
5. Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
6. Filing Fees. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this section.
D. Review, Decision, and Referral.
1. Review by Planning Director. An application for reasonable accommodation shall be reviewed by the planning director, or his or her designee, as appropriate.
2. Decision. Within 30 days of acceptance of the application as complete, the planning director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with this section and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the planning director’s findings on the factors stated in subsection (F) of this section. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request additional information from the applicant consistent with the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
3. Referral to Other Review Authority. The planning director shall have the authority, upon his or her sole discretion, to refer any reasonable accommodation application to any other reviewing authority to review the reasonable accommodation application and make a determination on the same in accordance with the applicable sections of the development code.
E. Factors to Be Considered. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall take into consideration all of the following factors:
1. Whether the housing or housing related facilities, which are the subject of the request, will be used by a disabled person.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to a disabled person.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.
6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.
7. Whether alternative reasonable accommodations could provide an equivalent level of benefit.
8. Whether the property is in compliance with the then existing laws and regulations otherwise applicable to the property that is the subject of the request. If any noncompliance is through no fault of the applicant or unrelated to the request for reasonable accommodation, the planning director may waive this requirement. However, such a waiver shall not preclude the city from requiring that the existing violations be corrected in accordance with the city of Sonoma Municipal Code.
F. Findings, Decision. A request for reasonable accommodation may be approved, modified, conditioned, or disapproved by the review authority (planning director or the commission to which the request was referred, as applicable). The review authority may approve or conditionally approve a request for reasonable accommodation only if all the following findings are made:
1. The housing will be used by a disabled person or persons;
2. The requested accommodation is necessary to make specific housing available to a disabled person;
3. The requested accommodation would not impose an undue financial or administrative burden on the city;
4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.
G. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford a disabled person for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.
H. Restrictive Covenant. When applicable, the city shall enter into a restrictive covenant with the owner of the property which provides that prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the city’s zoning code to the extent that relief was provided under the zoning code as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property being granted the reasonable accommodation. The restrictive covenant shall provide that the reasonable accommodation does not run with the land and shall terminate upon any sale, transfer, lease or other conveyance of the property. Upon submittal of a new application for a successor-in-interest to the property, the planning director may consider a continuation of the reasonable accommodation if it is consistent with and does not extend the original approval.
I. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a request for reasonable accommodation. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 09-2024 § 2(F), 2024; Ord. 07-2014 § 2, 2014).
19.56.010 Purpose of chapter.
This chapter provides requirements for the implementation or exercising of the permits required by this development code, including time limits, and procedures for extensions of time. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).
19.56.020 Effective date of permits.
The approval of a planning permit shall become effective on the eleventh calendar day following the date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 19.84 SMC, Appeals. The effective date extends to the next business day when the eleventh calendar day falls on a day when City Hall is closed to the public. (Ord. 04-2024 § 2(B), 2024; Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).
19.56.030 Performance guarantees.
A permit applicant may be required by conditions of approval or by action of the city planner to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any of the planning permits covered by this division.
A. Form and Amount of Security. The required security shall be in the form of a cash deposit, cashiers check or certified check deposited with the city treasurer, or a performance bond approved by the city planner. Also, where approved by the city planner, a certificate of deposit, instrument or letter of credit may be used, with the city named as beneficiary, where the security pledges that funds necessary to complete permitted work are on deposit and guaranteed for payment to the city when required by the city. The amount of security shall be as determined by the city planner to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.
B. Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the city planner may require security for maintenance of the work, in an amount determined by the city planner to be sufficient to ensure the proper maintenance and functioning of improvements.
C. Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the city planner, or until any warranty period required by the city planner has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.
D. Release or Forfeit of Security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released. However, upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs. Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).
19.56.040 Time limits and extensions.
A. Time Limits. Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or approval not exercised within two years of approval shall expire and become void. The permit shall not be deemed “exercised” until the permittee has actually obtained a building permit and commenced construction, or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.
B. Longest Time Controls. For projects having multiple permit approvals, the longest time limit associated with any one permit shall apply to all of the other permits.
C. Extensions of Time. Upon request by the applicant, the city planner may extend the time for an approved permit to be exercised for any permit approved by the city planner, and the planning commission may grant an extension for any permit approved by the planning commission.
1. The applicant shall file a written request for an extension of time with the division at least 10 days before the expiration of the permit, together with the filing fee required by the city fee resolution.
2. The city planner or the planning commission shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.
3. If the city planner or the planning commission determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the city planner or the planning commission may renew the permit for only one one-year extension.
D. Hearing on Expiration and/or Validity of Permits or Approvals. At the request of the applicant or permittee, the city planner may schedule a hearing before the planning commission in compliance with Chapter 19.88 SMC, Public Hearings, to determine (1) the continued validity of a permit or approval or (2) whether or not a permit or approval has expired or will expire. The planning commission, and the city council on appeal, if an appeal is filed, may decline, for any reason, to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire. Any applicant or permittee who requests such a hearing and determination shall, pursuant to SMC 19.03.060, indemnify, defend, and hold the city harmless from any legal proceeding brought to challenge the planning commission’s and/or city council’s decision, irrespective whether the planning commission and/or city council makes a determination pursuant to this subsection (D) or declines to make any such determination. In the event of an appeal of the planning commission’s decision pursuant to this section, the city council’s decision shall supersede that of the planning commission. (Ord. 03-2022 § 1A, 2022; Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).
19.56.050 Changes to an approved project.
Development or a new land use authorized through a permit granted in compliance with this development 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 in compliance with this section.
A. Request in Writing. 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 use.
B. Limits on Administrative Changes. The city planner may approve one request for changes to an approved site plan, architecture, or the nature of the approved use, if the changes:
1. Are consistent with all applicable provisions of this development code;
2. Do not involve a feature of the project that was specifically addressed in, or 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 in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit;
4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project;
5. Do not involve the deletion of buildings or units, a reduction in building floors, or a reduction in total floor area of more than 20 percent; and
6. Do not substantially change the approved site plan or architecture of the project.
C. Review Authority Approval Required. Changes to the project involving features described in subsections (B)(2) and (B)(3) of this section, or changes other than those described in subsection (B) of this section, shall only be approved by the review authority through a new permit application or permit revision processed in compliance with this development code.
D. Exemptions. The substitution of equivalent plant varieties in project landscaping shall be exempt from the limitations otherwise set forth in this section. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).
19.56.060 Permits to run with the land.
A planning permit granted in compliance with Chapter 19.54 SMC, Applications: Filing and Processing, shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).