1. Have the responsibility to perform all of the functions designated by state law (Government Code Section 65103, Planning Agency Functions);

2. Have the responsibility and authority to grant applications for all administrative permits and approvals issued by the planning division;

3. Perform other responsibilities assigned by the city council and the city manager;

4. Perform the duties and functions prescribed in this development code, including the review of development projects, in compliance with state law (Government Code Section 65901 et seq.), SMC 19.52.020, Authority for land use and zoning decisions, Table 5-1, Review Authority for Planning Permits, and the California Environmental Quality Act (CEQA). (Ord. 2003-02 § 3, 2003).

1. The review of and determination on applications for development projects and subdivisions filed with the planning division as described in Divisions V and VI; and

2. The recommendation, to the council for final determinations, on development agreements, General Plan amendments, specific plans, development code amendments, zoning map amendments, environmental documents, and other applicable policy or ordinance matters related to the city’s planning process.

The above listed duties and functions shall be performed in compliance with SMC 19.52.020, Authority for land use and zoning decisions, Table 5-1, Review Authority for Planning Permits, and the California Environmental Quality Act (CEQA). (Ord. 2003-02 § 3, 2003).

1. The review of and determination of sign applications in accordance with SMC Title 18;

2. Initiation, review and designation of a local historic resource or district, in accordance with SMC 19.42.020, Designation of a local historic resource or district.

1. The use shall not be enlarged, increased, or extended to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use, except as otherwise provided by subsection (C) of this section; and

2. Additional uses on the site shall not be allowed unless the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this development code.

1. Changes to Structure. The enlargement, extension, reconstruction, or structural alteration of a structure that is nonconforming only as to height and setback regulations may be allowed with conditional use permit approval if:

2. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see subsection (B)(3) of this section), and the work does not exceed 50 percent of the assessed value of the structure in any one-year period, unless the commission allows more extensive work through conditional use permit approval.

3. Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

4. Site Plan and Architectural Review Required. Any alteration which exceeds 1,000 square feet in gross floor area shall require site plan and architectural review, in compliance with SMC 19.54.080.

1. Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the structure, subject to use permit approval (SMC 19.54.040).

2. Substitution of Use. The nonconforming use of a conforming structure may be changed to another nonconforming use of the same or less intensive/more restricted nature. However, the replacement use shall serve as the “new bench mark” in terms of establishing the acceptable level of noncompliance.

1. Shall occur within one year after the date of the damage/destruction;

2. Has no greater floor area than the one damaged/destroyed; and

3. A single-family dwelling may be rebuilt on its original foundation, to its original footprint, by only the owner at that time of destruction, within a period of one year from the time of destruction, regardless of the extent/percentage of destruction. (Ord. 2003-02 § 3, 2003).

1. Approved Subdivision. The parcel was created through a subdivision approved by the city or the county of Sonoma.

2. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming.

3. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (SMC 19.54.060) or resulted from a lot line adjustment.

4. Partial Government Acquisition. The parcel was created in conformity with the provisions of this development code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any road was decreased not more than 50 percent.

1. Use of Contiguous Parcels. Until such time as contiguous nonconforming parcels are merged, no structure shall be constructed on any nonconforming contiguously owned, residentially zoned parcels that are less than 30 feet wide, or less than 5,000 square feet in area, or on slopes more than 20 percent, if the current owner(s) acquired or were transferred the parcels after October 12, 1976.

2. Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this development code, or in any way that makes the use of the parcel more nonconforming. (Ord. 2003-02 § 3, 2003).

1. The use shall conform to all conditions of approval for any previously issued use permit, if any and, in all circumstances, the use shall not be enlarged, increased, or extended to occupy a greater floor area or portion of the site or structure than it lawfully occupied before becoming a nonconforming use; and no modifications to the business shall be permitted without the issuance of a use permit by the planning commission.

2. Additional uses on the site shall not be allowed unless the nonconforming use is first discontinued or made to conform, and any replacement use complies with all applicable provisions of this development code.

3. The use shall be operated in ongoing compliance with applicable requirements and licensing of the California Bureau of Cannabis Control (BCC), the California State Department of Food and Agriculture and the California State Department of Public Health.

4. Hours of operation of the commercial cannabis business shall be as set forth in any use permit conditions of approval or as otherwise provided in Chapter 5.36 SMC.

1. Determinations on the meaning or applicability of the provisions of this development code that are believed to be in error, and cannot be resolved with staff;

2. Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943); and

3. Any enforcement action in compliance with Chapter 19.90 SMC, Enforcement of Development Code Provisions.

1. Any person affected by an administrative determination or action by the city planner, as described in SMC 19.84.020(A); or

2. In the case of a land use permit or hearing decision described in SMC 19.84.020(B), by anyone who, in person or through a representative, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

3. Except as otherwise provided by law or ordinance of this city, any member of the city council may, at his/her discretion, appeal any final decision of any city commission board or official, to the city council. If an appeal is made by a council member, there shall be a presumption applied that the reason for the appeal is because the appealed decision or interpretation has significant and material effects on the quality of life within the city of Sonoma. No inference of bias shall be made because of the appeal and no other reason need be stated by the council person in his/her notice of appeal.

1. General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 19.88 SMC, Public Hearings. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

2. Appeals to the City Council.

1. The filing with the planning commission of a resolution of intention by the city council;

2. The passage of a resolution of intention by the planning commission; or

3. The filing with the planning commission of a petition or application by the record owners of property which is the subject of a proposed amendment or by their authorized agents.

1. The proposed amendment is internally consistent with the General Plan;

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/anticipated land use development(s); and

4. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

1. Findings Required for All Development Code/Map Amendments:

2. Additional Finding for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.

3. Additional Finding for Zoning Map Amendments. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land use(s)/development(s). (Ord. 2003-02 § 3, 2003).

1. The proposed prezoning is consistent with the land use designation of the General Plan, as well as applicable General Plan goals and policies;

2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested/anticipated land use(s)/development(s);

4. That the prezoning and proposed annexation represent a logical extension of city boundaries;

5. That essential public utilities (sewer, water, storm drainage, etc.) are in the vicinity and can be extended to the area to be annexed; and

6. That all applicable public services have the capacity to serve the area being annexed. (Ord. 2003-02 § 3, 2003).

1. Hearing Information. The date, time, and place of the hearing and the name of the hearing body; and the phone number and street address of the planning division, where an interested person could call or visit to obtain additional information;

2. Project Information. The name of the applicant; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and any proposed CEQA determination.

1. Publication. Notice published at least once in a newspaper of general circulation in the city at least 10 days before the hearing.

2. Mailing. Notice mailed or delivered at least 10 days, or 20 days for ordinances affecting permitted uses of real property, before the hearing to the following:

3. Posting. The agenda for the public hearing shall be posted at City Hall.

4. Posted Notice. A poster or posters with minimum dimensions of 11 by 17 inches, including the content set forth in subsection (A) of this section, shall be placed by the project applicant at the subject property and for the entire duration of the notification period as set forth herein. One poster shall be required for each street frontage of the subject property. For example, two posters would be required for a corner lot. The project applicant must submit a signed affidavit in a form provided by the community development department that states the property sign has been installed consistent with the terms of this section and these standards along with the photo of the sign on site.

1. Applicable Projects. Provisions for a large project posting shall apply to the following types of projects:

2. Size and Placement. A large project posting shall consist of a minimum 24-inch by 36-inch sign board, securely mounted on posts with a minimum clearance of three feet, placed on the property that is the subject of the application. The posting shall be placed so that it is clearly visible and readable from a public right-of-way.

3. Content. Information provided on the posting shall include the following: the name of the applicant; a general description of the application; the property address; a telephone number for a project contact; and the phone number and street address of the planning division, where an interested person could call or visit to obtain additional information. In addition, the words “Proposed Development Project” shall appear at the top of the sign, with a minimum letter height of three inches.

4. Maintenance on Property. The placement of a large project posting consistent with the provisions of this section shall be considered an application submittal requirement. The posting shall occur upon submittal of an application for a planning or subdivision permit and the posting shall be maintained in good order until such time as the application has been decided.

5. Responsibility of Applicant. The fabrication, placement and maintenance of a large project posting shall be the sole responsibility of the project applicant.

1. A time limit for correcting the violation in compliance with subsection (B) of this section;

2. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with SMC 19.90.100, Recovery of costs, and/or initiate legal action as described in SMC 19.90.080, Legal remedies;

3. A statement that the property owner may request and be provided a meeting with the city planner to discuss possible methods and time limits for the correction of the violations.

1. Injunction. The city attorney or the city prosecutor, upon order of the council, may apply to the superior court of Sonoma County for injunctive relief to terminate a violation of this development code.

2. Abatement Proceedings. Where any person, firm, or corporation fails to abate a violation after being provided a notice of violation in compliance with SMC 19.90.070(A), and the opportunity to correct or end the violation, the city attorney, upon order of the council, shall apply to the superior court of Sonoma County for an order authorizing the city to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.

3. Nuisance Abatement. The city may pursue nuisance abatement in compliance with Chapter 14.30 SMC, Nuisance Abatement.

1. Civil Penalties. Any person who willfully violates the provisions of this development code or any permit issued in compliance with this development code shall be liable for a civil penalty in compliance with the council’s fee resolution for each day that the violation continues to exist.

2. Costs and Damages. Any person violating any provisions of this development code or any permit issued in compliance with this development code shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct result of the violations.

3. Procedure. In determining the amount of the civil penalty to impose where no fee has been established, the court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

1. Misdemeanor. Any person, whether as agent, principal, or otherwise, violating or causing the violation of any of the provisions of this development code shall be guilty of a misdemeanor and upon conviction, shall be punishable by:

2. Separate Offense. Any violation of this development code which is committed and continues from day-to-day constitutes a separate offense for each and every day during which the violation is committed or continued.

3. Prosecution. Criminal prosecutions shall make use of the procedures set forth in SMC 1.12.010 (general penalty). (Ord. 2003-02 § 3, 2003).

1. That circumstances have changed so that one or more of the findings contained in SMC 19.54.030(H), Temporary Use Permits – Findings, Decision, or SMC 19.54.040(E), Use Permits – Findings, Decision, can no longer be made;

2. That the permit was obtained by misrepresentation or fraud;

3. That one or more of the conditions of the permit have not been met;

4. That the improvement authorized in compliance with the permit is in violation of any statute, ordinance, law, or regulation; or

5. That the improvement authorized in compliance with the permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

1. That circumstances have changed so that one or more of the findings contained in SMC 19.54.060(E), Variances – Findings, Decision, can no longer be made, and the grantee has not substantially exercised the rights granted by the variance; or

2. That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance. (Ord. 2003-02 § 3, 2003).

1. At the conclusion of the case, the city planner shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail.

2. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3. In the event that no request for hearing is timely filed or, after a hearing the city planner affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the city planner.

4. The costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction.

1. A request for hearing shall be filed with the department within 10 days of the service by mail of the department’s summary of costs, on a form provided by the department.

2. Within 30 days of the filing of the request, and on 10 days’ written notice to the owner, the city planner shall hold a hearing on the owner’s objections, and determine their validity.

3. In determining the validity of the costs, the city planner shall consider the circumstances of the case. Factors to be considered include: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4. The city planner’s decision shall be appealable to the council as provided by Chapter 19.84 SMC, Appeals. (Ord. 2003-02 § 3, 2003).