The Resilient City Development Measures are intended to address
housing needs and economic development within the City following community
emergency events including fires and the COVID-19 pandemic.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2)
Notwithstanding any other provisions of the City Code, the following
provisions are effective until December 31, 2024, unless otherwise
amended by subsequent action of the Council.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2; Ord. 2023-015, 11/28/2023)
A. Temporary
housing. Temporary structures for habitation, including, but not limited
to, trailers, recreational vehicles, manufactured homes, tiny homes,
converted storage containers and similar configurations are permitted
on residential and nonresidential parcels with the approval of a Temporary
Use Permit, in any zoning district. The approval or conditional approval
of a Temporary Use Permit for temporary housing shall be deemed a
discretionary act for purposes of the California Environmental Quality
Act (CEQA).
B. Application
filing and processing.
1. General. Applications for temporary housing shall be filed and processed in compliance with Chapter
20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section
20-50.050, Application Preparation and Filing, and the following additional information. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection
G, Findings and decision, below.
2. Multiple
temporary units. For proposals that include group quarters or multiple
temporary housing units on a single residential or nonresidential
parcel, the application shall also include details of the operations
of the use, including, but not limited to, a description of the following:
a. Number of proposed beds/occupants.
c. Sanitation facilities and management thereof.
d. Power source and associated noise mitigation.
f. Site security and management, including the number of staff on site
at any given time.
g. Location of proposed parking.
h. On-going site maintenance.
i. Duration of temporary housing.
j. Clean-up/returning the site to its original condition following termination
of the use.
C. Development
standards.
1. Number
of units permitted. The number of temporary housing units, either
individual, single-family units, or multi-bed/multi-tenant units,
permitted on a parcel shall be determined through the Temporary Use
Permit process.
2. Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section
20-30.080, Outdoor lighting.
3. On-site
management. For proposals that include group quarters or multiple
temporary housing units, with five or more units on a single residential
or non-residential property, at least one facility manager shall be
on-site between the hours of 8:00 a.m. and 5:00 p.m.
4. Sanitation
facilities. The number of bathrooms and showers required on site shall
be determined through the building permit process and shall be consistent
with the
California Building Code.
5. Parking.
Each temporary housing unit shall provide the number of automobile
and bicycle parking spaces required by Table 1-1, except where a greater
or lesser number of spaces is required through conditions of approval.
TABLE 1-1—AUTOMOBILE AND BICYCLE PARKING REQUIREMENTS
BY HOUSING TYPE
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Temporary Housing Type
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Number of Parking Spaces Required
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Vehicle
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Bicycle
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One single-family temporary housing unit
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1 space per temporary housing unit
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None required
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Multiple temporary housing units
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1 space per temporary housing unit, plus 1 space per on-site
staff person
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1 space per 4 temporary housing units
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Group quarters (including multiple beds in a single temporary
unit to be occupied by individuals)
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1 space for each 100 sq ft of common sleeping area, plus 1 space
per on-site staff person
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1 space per temporary housing unit
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6. Water
and wastewater services. Water and wastewater service shall be available
on the site proposed for temporary housing structures unless an alternative
source is approved by Santa Rosa Water and complies with any applicable
provisions of the
California Building Code.
a. Water. To protect the public water system, the appropriate approved
backflow device shall be required. Initial testing certification of
backflow devices is required and shall be performed by an entity as
determined by the Director of Santa Rosa Water.
b. Wastewater. To protect public health, connection to the wastewater
system is required. The Director of Santa Rosa Water will determine
the appropriate connection requirement.
c. Water and wastewater connection/demand fees shall be waived for any
temporary housing units under this ordinance but not beyond the duration
of such temporary use. In the event of any such fee waiver, Santa
Rosa Water will require an agreement from owner of the underlying
property to assure termination of the connections at the expiration
of the temporary use.
7. Electrical
service. Electrical services shall be available on the site proposed
for temporary housing structures unless an alternate source is approved
by the Planning and Economic Development Director and is in accordance
with any applicable provisions of the
California Building Code. All
temporary or permanent electrical service shall be located on the
subject site.
8. Each
temporary housing unit shall comply with the applicable Zoning District
development standards.
D. Building
permit. A building permit is required for all temporary housing.
E. Impact
fees. The following development impact fees shall be waived for any
temporary housing units under this Chapter but not beyond the duration
of such temporary use. In the event of any such fee waiver, the Planning
and Economic Development Department will require an agreement from
the owner of the underlying property to assure termination of the
use at the expiration of the temporary use permit.
4. Water
and wastewater fees. See Subsection C.6.c for additional requirements
regarding the waiving of water and wastewater connection/demand fees.
F. Rental
requirements. Temporary housing shall not be used for rentals with
terms of less than 30 days.
G. Findings
and decision. A Temporary Use Permit for temporary housing may be
approved by the Director pursuant to Section 20-52.040.G, Findings
and decision.
H. Post
approval procedures. Post approval procedures for a Temporary Use
Permit for temporary housing shall be as provided by Section 20-52.040.H,
Post approval procedures.
I. Duration
of use. The duration of a temporary housing use shall be determined
by the Director but shall not extend beyond five years from the date
of approval of the Temporary Use Permit. It shall be the responsibility
of the property owner to ensure that temporary housing units are vacated
in accordance with law on or before expiration of the temporary use
permit.
J. Notification.
At least 10 calendar days prior to acting on any Temporary Use Permit
application for temporary housing, the Director of Planning and Economic
Development shall notify, by mail, all persons or entities as set
forth in Section 20.66.020.C.1, Notice of hearing. No public hearing
shall be required.
(Ord. 2018-006 § 2; Ord. 2018-019 § 2; Ord. 2020-017 § 2)
A. Temporary
structures. Temporary structures for classrooms, child care facilities,
offices or other similar uses, including, but not limited to, use
of trailers, mobile homes, converted storage containers or other similar
configurations, are permitted on residential and nonresidential parcels
with the approval of a Temporary Use Permit, in any zoning district.
1. Application filing and processing. Applications for temporary structures shall be filed and processed in compliance with Chapter
20-50, Permit Application Filing and Processing. A Temporary Use Permit application shall include all information and materials required by the Conditional Use Permit application and Section
20-50.050, Application Preparation and Filing. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection
3, Findings and Decision, below.
2. Building
permit. A building permit is required for all temporary structures.
3. Findings
and decision. A Temporary Use Permit for temporary structures may
be approved by the Director pursuant to Section 20-52.040.G, Findings
and decision.
4. Post
approval procedures. Post approval procedures for a Temporary Use
Permit for temporary structures shall be as provided in Section 20-52.040.H,
Post approval procedures.
5. Duration
of use. The duration of a temporary structures use shall be determined
by the Director but shall not extend beyond five years from the date
of approval of the Temporary Use Permit. It shall be the responsibility
of the property owner to ensure that temporary structures are vacated
in accordance with law on or before expiration of the temporary use
permit.
B. Temporary
activities.
1. Time
extension. Temporary Use Permits issued pursuant to City Code Section
20-52.040.D, Temporary Use Permit, allowed temporary activities, shall
be eligible for one 12-month extension through a Zoning Clearance
approved by the Director.
2. Number
of events allowed.
a. Temporary Use Permits issued pursuant to Section 20-52.040.D.3, Events,
shall be eligible for up to 21 consecutive days, or 36 weekend days,
within a 12-month period when conducted on nonresidential properties.
Events considered under this subsection include, but are not limited
to, arts and crafts exhibits, carnivals, circuses, concerts, fairs,
farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting
events, rodeos, rummage sales, second hand sales, and swap meets.
b. Temporary Use Permits issued pursuant to Section 20-52.040.D.6, Temporary
Auto Sales, for the temporary outdoor sales of motorized vehicles
on any paved site within a CG, CV or CSC zone, shall be eligible for
a period of three days every month, not to exceed 36 days within a
12-month period.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2; Ord. 2021-012 § 4)
Except as identified herein, accessory dwelling units shall comply with the requirements of Section
20-42.130, Accessory dwelling units, where allowed by Division
2 (Zoning Districts and Allowable Land Uses).
A. Issuance
of certificate of occupancy. Notwithstanding other provisions of this
Zoning Code, an accessory dwelling unit within any residential zoning
district may be constructed and occupied prior to the construction
of a single-family dwelling on the same parcel, provided that a building
permit for the single-family dwelling shall be submitted, and diligently
pursued to completion.
B. Existing
accessory dwelling units constructed without permits. Applications
to legalize an existing accessory dwelling unit that was constructed
without the benefit of permits shall be subject to the same fees required
for construction of a new accessory dwelling unit.
(Ord. 2018-006 § 2; Ord. 2020-017 § 2)
A. Notwithstanding
any other provision of this Code, the following uses shall be allowed
by right within the zones identified and described herein, Citywide,
and shall therefore not require a use permit; except as provided for
in Subsection A.2.b, Child Day Care Center, Residential Zoning Districts:
1. Child
Day Care – Large Family Day Care Home (a home that regularly
provides care, protection and supervision for seven to 14 children,
inclusive, including children under the age of 10 years who reside
in the home), is hereby a permitted use in all zoning districts Citywide
without requirements of a use permit.
2. Child
Day Care Center (a commercial or non-profit day care facility designed
and approved to accommodate 15 or more children such as an infant
center, preschool, sick-child center, and school-age day care facility).
a. Nonresidential zoning districts. Child day care center is hereby
a permitted use within the Commercial Office (CO), Neighborhood Commercial
(CN), General Commercial (CG), Core Mixed Use (CMU), Station Mixed
Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Community
Shopping Center (CSC), commercial Planned Development (PD), Transit
Village Mixed (TV-M), Business Park (BP), Light Industrial (IL), and
Public and Institutional (PI) Zoning Districts, without a use permit.
b. Residential zoning districts. Child day care center is hereby permitted
with a Minor Use Permit within the Rural Residential (RR), Single-Family
Residential (R-1), Medium Density Multi-Family Residential (R-2),
Multi-Family Residential (R-3) Districts and associated residential
Planned Development Districts Citywide.
B. Notwithstanding
any other provision of this Code, the following uses shall be allowed
by right within the zones identified and described herein and only
on properties located within one of the City's Priority Development
Areas, as identified in Figure 1-1, and shall therefore not require
a use permit:
1. Agricultural
Employee Housing – 7 or More Residents, is hereby a permitted
use within the Medium Density Multi-Family Residential (R-2), Multi-Family
Residential (R-3), and Transit Village-Residential (TV-R) Districts
and associated multi-family residential Planned Development Districts,
without requirements of a use permit.
2. Community
Care Facility – 7 or More Clients, is hereby a permitted use
within the Medium Density Multi-Family Residential (R-2), Multi-Family
Residential (R-3), Transit Village-Residential (TV-R), Office Commercial
(CO), General Commercial (CG), Core Mixed Use (CMU), Station Mixed
Use (SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), and
Transit Village-Mixed (TV-M) Districts and associated multi-family
residential and nonresidential Planned Development Districts, without
requirements of a use permit.
3. Duplexes (two-unit), which are defined in Section
20-70.020, Definitions of specialized words and phrases, as "multi-family dwellings," are hereby permitted uses within the Rural Residential (RR), Single-Family Residential (R-1) Districts and associated single-family and rural residential Planned Development Districts, without requirements of a use permit.
All other multi-family dwellings, including triplexes, fourplexes
and apartments shall require the approval of a Minor Use Permit within
the Rural Residential (RR), Single-Family Residential (R-1) Districts
and associated single-family and rural residential Planned Development
Districts.
4. Mobile
Home Park is hereby a permitted use within the Mobile Home Park (MH)
District, without requirements of a use permit.
5. Multi-Family
Dwelling is hereby a permitted use within the General Commercial (CG),
and associated commercial Planned Development Districts, without requirements
of a use permit.
6. Residential
Component of a Mixed-Use Project is hereby a permitted use within
the Rural Residential (RR), Single-Family Residential (R-1), Medium
Density Multi-Family Residential (R-2), Multi-Family Residential (R-3),
Transit Village-Residential (TV-R), Office Commercial (CO), General
Commercial (CG), and associated multi-family residential and nonresidential
Planned Development Districts, without requirements of a use permit.
7. Single-Family
Dwelling is hereby a permitted use within the single-family and rural
residential Planned Development Districts, without requirements of
a use permit.
C. Notwithstanding
any other provision of this Code, the following uses shall be allowed
with the approval of a Minor Use Permit within the zones identified
and described herein, and only on properties located within one of
the City's Priority Development Areas, as identified in Figure1-1:
1. Community
Care Facility – 6 or Fewer Clients is hereby permitted with
the approval of a Minor Use Permit within the Public Institutional
(PI) District and associated nonresidential Planned Development Districts.
2. Community
Care Facility – 7 or More Clients, is hereby permitted with
the approval of a Minor Use Permit within the Public Institutional
(PI) District and associated nonresidential Planned Development Districts.
3. Emergency Shelter for Facilities with 10 or Fewer Beds, is hereby permitted with the approval of a Minor Use Permit within the Rural Residential (RR), Single-Family Residential (R-1), Medium Density Multi-Family Residential (R-2), Multi-Family Residential (R-3), Mobile Home Park (MH), Transit Village-Residential (TV-R) and associated residential Planned Development Districts. Emergency Shelters for facilities with 10 or more beds shall require a Conditional Use Permit as identified in Section
20-22.030, Table 2-2, Allowed Land Uses and Permit Requirements for Residential Zoning Districts.
4. Emergency
Shelter is hereby permitted with the approval of a Minor Use Permit
within the Business Park (BP), Light Industrial (IL), General Industrial
(IG), and Public Institutional (PI) Districts and associated nonresidential
Planned Development Districts.
5. Emergency
Shelter – 50 or Fewer Beds, is hereby permitted with the approval
of a Minor Use Permit within the Office Commercial (CO), Neighborhood
Commercial (CN), Motor Vehicle Sales (CV), Core Mixed Use (CMU), Community
Shopping Center (CSC), and Transit Village-Mixed (TV-M) Districts
and associated nonresidential Planned Development Districts.
6. Emergency
Shelter – 51 or More Beds, is hereby permitted with the approval
of a Minor Use Permit within the Office Commercial (CO), Neighborhood
Commercial (CN), General Commercial (CG), Motor Vehicle Sales (CV),
Core Mixed Use (CMU), Community Shopping Center (CSC), and Transit
Village-Mixed (TV-M) Districts and associated nonresidential Planned
Development Districts.
7. Mobile
Home Park is hereby permitted with the approval of a Minor Use Permit
within the Rural Residential (RR), Single-Family Residential (R-1),
Medium Density Multi-Family Residential (R-2), Multi-Family Residential
(R-3) and associated residential Planned Development Districts.
8. Mobile
Home/Manufactured Housing is hereby permitted with the approval of
a Minor Use Permit within the Business Park (BP) and associated nonresidential
Planned Development Districts.
9. Multi-Family
Dwelling is hereby permitted with the approval of a Minor Use Permit
within the Office Commercial (CO), and Business Park (BP) Districts
and associated nonresidential Planned Development Districts.
10. Single-Family Dwelling is here by permitted with the approval of
a Minor Use Permit within the Business Park (BP) and associated nonresidential
Planned Development Districts.
11. Single-Family Dwelling – Attached Only, is hereby permitted
with the approval of a Minor Use Permit within the Office Commercial
(CO), and General Commercial (GC) Districts and associated nonresidential
Planned Development Districts.
12. Single Room Occupancy Facility is hereby permitted with the approval
of a Minor Use Permit within the Rural Residential (RR), Single-Family
Residential (R-1), Medium Density Multi-Family Residential (R-2),
Multi-Family Residential (R-3), Transit Village-Residential (TV-R),
General Commercial (GC), Core Mixed Use (CMU), Station Mixed Use (SMU),
Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), and Community
Shopping Center (CSC) Districts and associated residential and nonresidential
Planned Development Districts.
13. Small Lot Residential Project is hereby permitted with the approval
of a Minor Use Permit within the Single-Family Residential (R-1),
Medium Density Multi-Family Residential (R-2), Multi-Family Residential
(R-3), and Transit Village-Residential (TV-R) Districts and associated
residential Planned Development Districts.
D. Consolidated
review for certain projects. The intent of this section is to allow
the Director to elevate certain projects with requests for multiple
entitlements to the highest review authority required.
1. Any
project that requires multiple entitlements where at least one entitlement
requires review by the Zoning Administrator (including, but not limited
to, Minor Use Permit, Minor Hillside Development Permit, Minor Variance,
Request for Reasonable Accommodation, Sign Variance, and Small Lot
Use Permits in the -RC combining district), and where at least one
entitlement requires review by the Planning Commission, may hereby
be elevated by the Director to the Planning Commission or City Council
for review.
2. Any
project that requires multiple entitlements where at least one entitlement
requires review by the Subdivision Committee and where at least one
entitlement requires review by the Planning Commission may hereby
be elevated by the Director to the Planning Commission or City Council
for review.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
A. Design Review for child care, lodging and residential development. Subsections
1 through
4, below, apply to the following uses: "child care day care," "lodging – bed & breakfast inn (B&B)," "lodging – hotel or motel," "mixed-use development (that includes a residential component)," "multi-family residential," and "single-room occupancy facility."
1. Subject
to the provisions of Subsection A.2 below, Design Review approval
for new development and major remodels, with the exception of projects
located within the Historic (-H) combining district, that meet the
following criteria, are hereby delegated to the Zoning Administrator,
through the Minor Design Review process, on sites zoned for such uses:
a. Projects that are located within one of the City's Priority Development
Areas as identified in Figure 1-1, Priority Development Areas.
Figure 1-1 – Priority Development Areas
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•
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Downtown Station Area (College Avenue to the north,
Brookwood Avenue to the east, Sebastopol Avenue/Sebastopol Road and
California State Route 12 to the south, and Dutton Avenue and Imwalle
Gardens to the west).
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•
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Mendocino/Santa Rosa Avenue Corridors (area within
one-quarter mile along either side of the street corridor, from the
northern city limit line to the southern City limit line).
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•
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North Station (Paulin Creek to the north, U.S.
Route 101 and Santa Rosa Junior College/Santa Rosa High School to
the east, West College Avenue to the south, and Ridley Avenue to the
west).
|
•
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Roseland (California State Route 12 and Sebastopol
Avenue/Sebastopol Road to the north, Bellevue Avenue to the south,
U.S. Route 101 to the east, and Stony Point Road to the west).
|
•
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Sebastopol Road Corridor (area within one-quarter
mile of a mile along either side of the street corridor, from U.S.
Route 101 to the western City limit line).
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2. Prior to submittal of an application for Design Review by the Zoning Administrator, Concept Design Review by the Design Review Board shall be required for new development and major remodels that involve 10,000 square feet or more in total floor area, or are within a visually sensitive location as defined by Section
20-52.030, Design Review, Table 5-2 (Design Review Authority and Notice Requirements), subject to City the requirements of Section
20-50.040, Concept Review.
3. Pre-application
neighborhood meeting. Prior to submittal of an application for Design
Review by the Zoning Administrator, a pre-application neighborhood
meeting shall be required in compliance with Section 20-50.050.A,
Pre-Application Neighborhood Meeting Required.
4. Review authority referral. The Zoning Administrator may defer any decision and refer the request to the Design Review Board, pursuant to Section
20-50.020, Authority for Land Use and Zoning Decisions.
5. Projects
located within the Historic (-H) Combining District. Any project located
within the -H Combining District shall comply with the requirements
of Section 20-58.060.C.3, Design Review.
6. Appeals.
Any appeal from a decision by the Zoning Administrator under this
section shall be heard and determined by the City Council.
B. Final
Design Review for all projects requiring review by the Design Review
Board is hereby delegated to the Director of Planning and Economic
Development, following Preliminary Design Review approval by the Design
Review Board.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
Development or a new land use related to single or multi-family residential projects, residential small lot subdivisions, lodging or child care facilities, authorized through a permit or approval granted in compliance with Chapter
20-52 (Permit Review Procedures) of this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved as follows.
A. Application.
An applicant shall request desired changes in writing, and shall also
furnish appropriate supporting materials and an explanation of the
reasons for the request. Changes may be requested either before or
after construction or establishment and operation of the approved
single or multi-family residential, residential small lot subdivision,
lodging or child care facilities.
B. Planning
and Economic Development Director action. The Director of Planning
and Economic Development may authorize one or more changes to an approved
site plan, architecture, or the nature of the approved single or multi-family
residential, residential small lot subdivision, lodging or child care
land use where the Director first finds that the changes:
1. Are
consistent with all applicable provisions of this Zoning Code;
2. Do
not involve a feature of the project that was a basis for findings
in a negative declaration or environmental impact report for the project;
3. Do
not involve a feature of the project that was specifically addressed
or was a basis for conditions of approval for the project or that
was a specific consideration by the review authority (i.e., the Commission
or Council) in the project approval; and
4. Do
not result in an expansion of the single or multi-family residential,
residential small lot subdivision, lodging or child care land use
and/or activity.
The Director may choose to refer any requested change to the
original review authority for review and final action.
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C. Notification.
At least 10 calendar days prior to taking action on any proposed changes
to an approved single or multi-family residential, residential small
lot subdivision, lodging or child care facility project, the Director
of Planning and Economic Development shall notify, by mail, all persons
or entities as set forth in Section 20-66.020.C.1. No public hearing
shall be required.
D. Changes approved by original review authority. A proposed change that does not comply with the criteria in subsection
B, above, shall only be approved by the original review authority for the project through a new permit application processed in compliance with this Zoning Code.
(Ord. 2018-012 § 2)
A. Except
as identified herein, the day and time of Zoning Administrator meetings
shall be determined by the Director.
B. Any
project submitted pursuant to this chapter may be elevated by the
Director to a Zoning Administrator public hearing which shall be held,
as needed, at or after 5:00 p.m. The applicant shall be responsible
for the Zoning Administrator public hearing fee identified in the
current Planning and Economic Development Department Fee Schedule.
(Ord. 2018-012 § 2; Ord. 2020-017 § 2)
Fees for appeals of actions taken pursuant to this chapter by
a neighbor or non-applicant, to any appeal body, shall be 50 percent
of the appeal fee identified in the Planning and Economic Development
Departments Fee Schedule.
(Ord. 2018-012 § 2)
Notwithstanding any other provisions of the City Code, the City Council will receive an annual report on the implementation of Section
20-16.060, Reduced review authority for certain uses, Section
20-16.070, Modifications to the Design Review process, and Section
20-16.080, Changes to an approved residential, lodging or child care facility project, in order to consider whether any changes are needed.
(Ord. 2018-012 § 2)
Notwithstanding any other provisions of this Code, legal nonconforming
uses of structures meeting current building and fire code standards
may be reoccupied with a similar or less intensive use, provided that:
A. Enlargement
or expansion of the use is not allowed; and
B. Reoccupancy
commences within 12 months of prior nonconforming use or the legal
nonconforming status shall terminate, and the property shall thereafter
be subject to all current City Codes.
(Ord. 2019-001 § 2; Ord. 2020-017 § 2)
Notwithstanding any other provisions of the City Code, mobile
food vending may be permitted to operate by Minor Conditional Use
Permit on private property located within Commercial Office (CO),
Neighborhood Commercial (CN), General Commercial (CG), Core Mixed
Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), Neighborhood
Mixed Use (NMU), Community Shopping Center (CSC), commercial Planned
Development (PD), Motor Vehicle Sales (CV), Light Industrial (IL),
General Industrial (IG), Transit Village Mixed (TV-M), and Public/Institutional
(PI) zoning districts subject to the following regulations:
A. Permit
requirements.
1. Minor Conditional Use Permit. Mobile food vending shall require the approval of a Minor Conditional Use Permit. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this Section (see Santa Rosa City Code Section
6-48.050, Street Vendor Regulations, and California Senate Bill No. 946, as specified in
Government Code Sections 51036 – 51039, Sidewalk Vendors).
2. Business
Tax Certificate. Every mobile food vendor shall obtain a Business
Tax Certificate prior to operation.
3. Sonoma
County Environmental Health. A valid permit from the Sonoma County
Environmental Health Department is required.
4. Building
Division and Fire Department. All necessary permits and approvals
from the Building Division and the Fire Department shall be obtained
prior to operation of a mobile food vending facility.
5. Permit
and license display. At all times while vending, a valid business
license and Minor Conditional Use Permit shall be displayed at the
mobile food vending site.
B. Location,
concentration and hours of operation.
1. Location.
No mobile food vendor shall locate within 300 feet of any residential
use or as determined by the Minor Use Permit.
2. Concentration.
No mobile food vendor shall locate within 200 feet of another approved
mobile food vending location on a separate parcel as measured between
the mobile food vendors. Multiple mobile food vendors may be permitted
on a single parcel, as determined by the Minor Use Permit.
3. Hours. Hours of operation for mobile food vending businesses shall be between 6:00 a.m. and 11:00 p.m., as defined in Section
20-70.020, Definitions – "Hours of Operation," or as determined by the Minor Conditional Use Permit.
C. Standards
and design criteria. The following standards and design criteria shall
apply to all mobile food vendors:
1. Mobile
food vending shall be conducted entirely upon private property and
not within any public right-of-way;
2. The
proposed location is on an improved property that is entirely paved
and does not interfere with the operation of any approved uses on
the site;
3. Mobile
vendors shall maintain their immediate sales location in a clean and
hazard free condition;
4. Mobile
vendors shall maintain covered garbage, recycling, and compost container(s)
immediately adjacent to the vending location for customer use;
5. Applications
for mobile food vending shall include the location and description
of any proposed outdoor dining area, including tables, chairs and
shade structures;
6. No
mobile vendor shall use, play or employ any sound outcry, amplifier,
loudspeaker, radio or any other instrument or device to produce sound
in connection with the promotion of a vending operation;
7. Outdoor
music is permitted consistent with the normally acceptable decibel
levels outlined in the Noise and Safety Element of the Santa Rosa
General Plan, and as determined by the Minor Conditional Use Permit;
8. An
agreement for the use of properly operating restroom facilities within
200 feet of the mobile food vendor location shall be maintained at
all times;
9. All signage shall be located on the vending equipment and is subject to the requirements of Chapter
20-38, Signs;
10. No mobile food vendor shall sell alcoholic beverages or cannabis
products;
11. Mobile vendors cooking food shall at all times maintain a working
fire extinguisher(s) of the appropriate type and rating at the vending
location;
12. Mobile food vendors operating within a parking lot shall not inhibit
traffic circulation and shall maintain the minimum required on-site
parking spaces for the principal use on the property; and
13. After the permitted hours of operation, all mobile vending equipment,
including the mobile unit itself and any associated dining furniture,
shall be stored off site or within an approved, enclosed structure
on site.
E.
Existing mobile food vendors. Mobile food vendors located on
Sebastopol Road, between Stony Point Road and Olive Street, which
obtained a Use Permit from the County of Sonoma's Permit and Resource
Management Department prior to the City's annexation of Roseland may
continue as permitted. Hours of operation for mobile food vendors
approved by the County of Sonoma shall be between 5:00 a.m. and 1:00
a.m. Sunday through Thursday, and between 5:00 a.m. and 3:00 a.m.
on Fridays and Saturdays.
(Ord. 2020-002 § 2; Ord. 2020-017 § 2)