City of Santa Rosa, CA PERMIT APPLICATION FILING AND PROCESSING

§ 20-50.010 Purpose of chapter.

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code.

(Ord. 3677 § 1, 2004)

§ 20-50.020 Authority for land use and zoning decisions.

Zoning Code. Table 5-1 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of permit application required by this Zoning Code. The following standards apply to the use of Table 5-1.

The Zoning Administrator may defer action on any decision assigned to the Zoning Administrator by Table 5-1, and refer the request to the Commission, so that the Commission may instead make the decision.

The Subdivision Committee may defer action on any decision assigned to the Subdivision Committee by Table 5-1, and refer the request to the Commission, so that the Commission may instead make the decision.

Other City approvals. Other City approvals may be required beyond those identified in Table 5-1. Examples include the following:

Environmental Protection—Chapter 17-04; and

Surface Mining and Reclamation—Chapter 17-32.

Table 5-1 - Review Authority
Type of Action	Role of Review Authority
Type of Action	Director	Zoning Administrator	DRB	Subdivision Committee	CHB	Planning Commission	City Council
Administrative and Amendment Decisions
Development Agreement	Recommend					Recommend	Decision
Interpretation		Decision				Appeal (1)	Appeal
General Plan Amendment	Recommend					Recommend	Decision
Request for Reasonable Accommodation		Decision				Appeal
Zoning Code Amendment						Recommend	Decision
Zoning Map Amendment						Recommend	Decision
Concept Review
CHB Concept Review					Comment
DRB Concept Review			Comment
Land Use Permits/Development Decisions
Conditional Use Permit	Recommend					Decision	Appeal
Minor Conditional Use Permit	Recommend	Decision				Appeal
Design Review—DRB	Recommend		Decision				Appeal
Design Review—Zoning Administrator		Decision	Appeal
Design Review—Administrative	Decision		Appeal
Density Bonus/ Affordable Housing Incentives	Decision
Supplemental Density Bonus		Decision				Appeal
Hillside Permit—Single dwelling and additions	Recommend	Decision				Appeal (1)
Hillside Permit—All others	Recommend					Decision	Appeal
Minor Adjustment	Decision					Appeal (1)
Sign Permit	Decision		Appeal
Sign Program	Decision		Appeal
Sign Variance		Decision	Appeal
Temporary Use Permit	Decision					Appeal
Tree Permit	Decision					Appeal
Variance	Recommend					Decision	Appeal
Minor Variance		Decision				Appeal (1)
Zoning Clearance	Decision				Comment	Appeal
Historic and Cultural Preservation Decisions
Landmark or Preservation District Designation					Recommend		Decision
Landmark Alteration Permit—Major					Decision		Appeal
Landmark Alteration Permit—Minor		Decision			Appeal
Sign Permit/Program					Decision		Appeal
Subdivision Decisions (refer to City Code Title 19)
Certificates of Compliance	Decision						Appeal
Lot Line Adjustments	Decision						Appeal
Parcel Mergers	Decision						Appeal
Reversions to Acreage	Recommend					Decision	Appeal
Tentative Parcel Maps and Extensions	Recommend			Decision		Appeal	Appeal
Tentative Maps and Extensions	Recommend					Decision	Appeal

Note:
(1)	Commission makes decision if matter is referred to Commission by Director or Zoning Administrator, in which case appeals are then elevated to the next higher.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3995 § 10, 2012; Ord. 2021-012 § 38; Ord. 2023-006, 6/6/2023)

§ 20-50.030 Pre-application review.

A prospective applicant is strongly encouraged to request a pre-application review with the Department before permit application submittal.

The purpose of this review is to inform the applicant of City requirements as they apply to the proposed project, review the City's permit review process, possible project alternatives or modifications, and to identify necessary technical studies and required information relating to the environmental review of the project.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application/project by Department representatives.

The Council may establish a required fee for a pre-application review, to recover costs to the City to provide the service.

See also Section 20-50.050.D (Pre-application neighborhood meeting required).

(Ord. 3677 § 1, 2004)

§ 20-50.040 Concept review.

Purpose and intent. Concept review is intended to provide an opportunity for non-binding comments from the Design Review Board (DRB) or Cultural Heritage Board (CHB) to the applicant and interested citizens, as to how an application may meet the City's development priorities. Concept review is designed to offer advice and suggestions only, and shall not result in conclusions by the DRB or CHB.

Applicability. Concept review may occur when clarification or interpretation is needed regarding the application of City policies (e.g., the General Plan, Zoning Code, applicable design guidelines, etc.) or when it is agreed that guidelines or standards may not be clear. Typically, concept review may be conducted with large complex projects or when locations, or conditions of significant local concern are involved.

Review authority. The CHB shall conduct concept review for a project within the -H overlay; the DRB shall conduct concept review for projects elsewhere.

Application requirements. A request for concept review shall include the application form provided by the Department, the information required by the Department handout on concept review, and any required filing fee.

Scheduling of review. Concept review shall occur prior to the submittal of a development application. Scheduling shall depend on submittal of the necessary information, availability of staff resources, and available agenda time.

Noticing of review.

Mailed notice. Concept review shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the concept review.

Site posting. Notice shall also be given by:

The City posting notices in at least two public places within the City boundary as specified by the Director; and

The applicant installing a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled concept review, as indicated in Section 20-66.020.C.3.b.

Online posting.

Notice shall be given on the Department's webpage.

Alternative online postings including, but not limited to, social media are encouraged at the discretion of the Director.

Electronic notice.

Notice shall be emailed to the Community Advisory Board (CAB).

Notice shall be posted to an electronic distribution list for City public notices.

Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

Form of review. Concept review shall:

Be conducted as a public forum, open to interested citizens, and shall include an opportunity for citizens to comment; and

Not include environmental review, referral comments, or staff analysis, and shall not substitute for development review and formal review by the DRB and/or CHB.

Role of DRB and CHB. During concept review, the DRB or CHB shall not take action or make decisions; comments made by members of the DRB or CHB are not binding on future DRB or CHB actions. Individual DRB or CHB members are not required to comment or participate in concept review items.

(Ord. 3677 § 1, 2004; Ord. 2019-003 § 2)

§ 20-50.050 Application preparation and filing.

Pre-application neighborhood meeting required. Each discretionary project shall require a pre-application neighborhood meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.

When neighborhood meetings are required:

A development proposal that is a discretionary project, requires a public hearing, and that may affect a residential neighborhood shall require one or more neighborhood meetings in compliance with this Section.

A discretionary project is one that requires a decision based on the application of judgment by the Council, Commission, DRB, CHB, Director, or the Zoning Administrator.

When neighborhood meetings are not required:

Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether or not a public hearing is required.

Neighborhood meetings are not required for "ministerial" projects.

Ministerial proposals include the issuance of Building Permits, or other applications where the discretionary approval or permit has been granted.

When a neighborhood meeting may be required. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting, if there is significant controversy or if interest has been expressed by the neighborhood regarding the proposal. In these cases, the Director shall determine whether to hold a meeting.

Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood is established and/or recent contact indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.

Timing of neighborhood meeting.

When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 3, above.

If the neighborhood meeting is not held before submittal of the application for development, the application shall be deemed incomplete until the neighborhood meeting has been held.

Follow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold a follow-up neighborhood meeting to explain project changes to the neighborhood, before the public review by the DRB or Commission.

Notification required.

A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the development proposal.

The applicant shall install a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled neighborhood meeting, as indicated in Section 20-66.020.C.3.b.

The City shall post notices in at least two public places within the City boundary as specified by the Director.

Notice shall also be given by posting on the Department's City webpage. Alternative online postings, including but not limited to social media are encouraged and at the discretion of the Director.

Notice shall be emailed to the Community Advisory Board (CAB) and posted to an electronic distribution list for City public notices.

Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain City policies, including provisions of the General Plan and this Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal, but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator, and take meeting notes.

Applicant responsibilities at meeting. The applicant or representative is required to attend the neighborhood meeting and provide basic information including the following:

Site analysis, graphically depicting existing conditions and the neighborhood context;

Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions;

Conceptual building design information and the proposed density of the project;

Purpose of the project and its target market.

10.

Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.

Application contents. Land use permit applications shall be filed with the Department using the forms provided by the Department. Applications shall include all necessary fees and/or deposits, and all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required by Chapter 20-52 (Permit Review Procedures) for the approval of the permit or other approval being requested.

Eligibility for filing. Applications may only be filed by the owner of the subject property, or other person with the written consent of the property owner. If filed by another person, the property owner signature shall be on the application form.

Filing date. The filing date of any application described in this Chapter shall be the date when the Department receives the last submission of information or materials required by subsection B, above, in compliance with Section 20-50.080 (Initial Application Review), below.

Notice of application. All applications requiring a public hearing, and minor projects that received concept design review, shall be noticed by mail to real property owners and occupants located in whole or in part within a radius of 600 feet from the boundaries of the subject Assessor's parcels, posted to the Department's webpage, emailed to the Community Advisory Board (CAB), and posted to an electronic distribution list for City public notices within 45 days of the application submittal. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater radius for notice for projects of particular interest, scale or size.

(Ord. 3677 § 1, 2004; Ord. 2019-003 § 3)

§ 20-50.060 Application fees.

Fee Schedule. The Council shall set, by resolution, and may amend and revise from time to time, a schedule of fees for the processing of the permit applications required by this Zoning Code, hereafter referred to in this Zoning Code as the Council's Fee Schedule.

Multiple applications. The City's processing fees are cumulative. For example, if an application for a Design Review also includes a Conditional Use Permit or a Zoning Map Amendment also includes a Tentative Map, both fees shall be charged.

Timing of payment.

Payment of fees required. All required fees shall be paid at the time an application is filed and no processing shall commence until all fees and deposits have been paid in full.

Not deemed complete. The application shall not be deemed complete, in compliance with Section 20-50.080 (Initial Application Review), below, until all fees and deposits have been paid in full.

Refunds and withdrawals. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refunds due to a denial are allowed. In the case of a withdrawal, the Director shall have the sole discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.

(Ord. 3677 § 1, 2004)

§ 20-50.070 Indemnification of City.

Agree to defend, indemnify, and hold harmless.

When submitting an application for a discretionary approval in compliance with this Zoning Code, except for those identified in Subsection B, below, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City of Santa Rosa and its agents, officers, and employees from any action, claim, or proceeding brought against the City or its agents, officers, or employees which challenges the validity of any approval by the City, its agencies, boards, Commission, or Council.

The indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses awarded against the City, its agents, officers, and employees in connection with the action.

Discretionary approvals exempt from indemnification. Indemnification is not required for the following:

Concept Review by the DRB or CHB;

Minor Conditional Use Permits for fences;

Minor Conditional Use Permits for home occupations;

Design changes which do not alter existing setbacks or the footprint of the structure (e.g., addition or modification of windows or a skylight);

Sign permits;

Temporary Use Permits for seasonal outdoor sales (e.g., Christmas trees);

Tree Permits; and

Other minor applications that are exempted in writing by the Director.

Notification to applicant. In the event that an action, claim, or proceeding described in Subsection A, above, is initiated against the City, the City shall promptly notify the applicant and property owner of the existence of the action, claim, or proceeding, and shall cooperate fully in the defense.

City may choose to participate. Nothing in this Section shall prohibit the City from participating in the defense of any claim.

(Ord. 3677 § 1, 2004)

§ 20-50.080 Initial application review.

An application filed with the Department in compliance with this Zoning Code shall be processed in compliance with State law (Government Code Section 65943) and the following maximum time limits, as follows.

Completeness review. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the Department handout listing required application contents.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, must be provided.

Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 20-62 (Appeals).

Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4.

Expiration of application.

If an applicant fails to provide the additional information specified in the Director's letter within 120 days following the date of the letter and has not requested an extension of time, the application shall expire and be deemed withdrawn.

The Director may grant one extension of up to 90 days.

After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

Zoning Code violations on the site.

The Director shall not find an application complete, and shall not process the application any further if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the project proposed in the application includes the correction of the violations.

The Director's authority under this Subsection shall apply whether:

(1)

The current applicant was the owner of the site at the time the violation(s) occurred; or

(2)

The applicant is the current owner of the site with or without actual or constructive knowledge of the violation(s) at the time of acquisition of the site.

Environmental information.

Request for additional information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 20-50.090 (Environmental Assessment), below.

Submitted within 120 days. The submittal of the required additional information shall occur within 120 days from the date of the Director's letter notifying the applicant that additional information is required.

Failure to submit. Failure of the applicant to submit the additional information within the 120-day period identified in Subsection B.2, above, or as that period may be extended in compliance with Subsection B.4, below, will result in the Director scheduling the application for review and decision by the review authority with a recommendation for project disapproval.

Allowable extensions. The Director may grant one extension of up to 90 days; the review authority may grant additional extensions of time as it deems appropriate.

Referral. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

Withdrawal of application. An applicant may withdraw an application at any time. The written request for withdrawal shall be filed with the Department.

(Ord. 3677 § 1, 2004)

§ 20-50.090 Environmental assessment.

Review under CEQA. After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 (Environmental Protection) of the City Code.

Level of environmental assessment. The City shall evaluate the proposed project to determine the level of environmental assessment which would be required under CEQA.

If the project requires a Negative Declaration or Mitigated Negative Declaration, that work shall be conducted by the City staff as part of its Initial Study of the application.

The requirement for an Environmental Impact Report may necessitate the employment of an independent and qualified consultant under the direction of the City staff with costs to be borne by the applicant.

(Ord. 3677 § 1, 2004)

§ 20-50.100 Visual analysis.

When this Zoning Code or the Director require that a visual analysis be submitted to the City with a project application, the visual analysis shall be prepared in compliance with this Section.

Purpose. The purpose of a visual analysis is to assist the City staff, the review authority, and interested citizens in understanding how a proposed structure and related site alteration will appear in the context of the site and surrounding properties and development.

Content. A visual analysis shall consist of one or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers, viewing the project from public rights-of-way and other public areas near the site.

Form. The three-dimensional visual depictions provided in a required visual analysis may take the form of one or more:

Rendered perspectives;

Photo-montages;

Computer generated simulations; or

Any other technique acceptable to the Director that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete.

Specific project requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Director in each case. Written analysis and/or design in addition to illustrations may also be required when determined by the Director to be necessary to clearly understand the potential visual impacts of the project.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005)