Title 20 of the Santa Rosa City Code is and may be cited as
the Santa Rosa Zoning Code, hereafter referred to as "this Zoning
Code."
(Ord. 3677 § 1, 2004)
This Zoning Code implements the goals and policies of the Santa
Rosa General Plan by classifying and regulating the uses of land and
structures within the City of Santa Rosa. In addition, this Zoning
Code is adopted to protect and to promote the public health, safety,
and general welfare of residents, and preserve and enhance the aesthetic
quality of the City. To fulfill these purposes, it is the intent of
this Zoning Code to:
A.
Provide
standards for the orderly growth and development of the City, and
guide and control the use of land to provide a safe, harmonious, attractive,
and sustainable community;
B.
Implement
the uses of land designated by the Santa Rosa General Plan and avoid
conflicts between land uses;
C.
Maintain
and protect the value of property;
D.
Conserve
and protect the open space, scenic beauty, and other natural resources
of the City;
E.
Protect
the character, and social and economic stability of residential, commercial,
and industrial areas;
F.
Assist
in maintaining a high quality of life without causing unduly high
public or private costs for development or unduly restricting private
enterprise, initiative, or innovation in design; and
G.
Provide
for appropriate citizen participation in the decisions made in compliance
with this Zoning Code.
(Ord. 3677 § 1, 2004)
A.
This
Zoning Code is enacted based on the authority vested in the City of
Santa Rosa by the State of California, through: the State Constitution;
the Planning and Zoning Law; the Subdivision Map Act; the California
Environmental Quality Act; other applicable statutes; and the City's
Charter.
B.
This Zoning Code and the Zoning Map (Chapter 20-20) are the primary tools used by the City of Santa Rosa to implement the Santa Rosa General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan."
C.
The
administration of this Zoning Code in development project review will
include review and consideration of the following, provided that the
provisions of this Zoning Code shall control in the event of any conflict
with the provisions of the following:
(Ord. 3677 § 1, 2004)
This Zoning Code shall be administered by: the City Council, hereafter referred to as the "Council"; Planning Commission, hereafter referred to as the "Commission"; Design Review Board, hereafter referred to as the "DRB"; Director of the Department of Community Development, hereafter referred to as the "Director"; the Zoning Administrator; and the Department of Community Development, hereafter referred to as the "Department" in compliance with Title 20 of the City Code and Chapter 20-60 (Administrative Responsibility) of this Zoning Code .
(Ord. 3677 § 1, 2004)
This Zoning Code applies to all land uses, structures, subdivisions,
and development within the City of Santa Rosa, as provided by this
Section.
A.
New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 20-21 (Development and Land Use Approval Requirements) or, where applicable, Chapter 20-61 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B.
Issuance
of building or grading permits. The City may issue building, grading,
or other construction permits only when:
C.
Subdivision
of land. Any subdivision of land proposed within the City after the
effective date of this Zoning Code shall be consistent with: the minimum
lot size requirements of Division 2 (Zoning Districts and Allowable
Land Uses), any applicable Specific Plan, all other applicable requirements
of this Zoning Code, and the City's subdivision regulations.
D.
Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 20-61 (Nonconforming Uses, Structures and Parcels).
Existing land uses or structures that were in violation of City
zoning regulations applicable before the effective date of this Zoning
Code, are in violation of this Zoning Code. These uses and structures
shall continue to be in violation unless they conform to the current
provisions of this Zoning Code.
E.
Effect
of Zoning Code changes on projects in progress. A land use permit
or rezoning application that has been accepted by the Department as
complete prior to the adoption date of this Zoning Code or any applicable
amendment shall be processed according to the development standard
and process requirements of this Zoning Code. Applications may be
processed according to the development standards of the past Zoning
Code upon written instruction made by the applicant or representative,
but compliance with all current process requirements is required.
The Department must receive the written instruction no later than
30 days after the effective date of this Zoning Code. To be considered
eligible for consideration under the past Zoning Code, at least one
action must be taken by the review authority no later than 210 days
after the effective date of this Zoning Code.
F.
Effect
on previously approved Planned Development (PD) or Planned Community
(PC) zoning districts. Development approved through the rezoning of
a site to the PD or PC zoning districts in compliance with the prior
Santa Rosa Zoning Code prior to the effective date of this Section
shall be deemed conforming with respect to the requirements of this
Zoning Code. The applicable requirements of a PD or PC zoning district
shall remain in effect until the Council specifically repeals the
previously approved Policy Statement and Development Plan applicable
to the development.
G.
Government
projects. The provisions of this Zoning Code shall apply to any County,
special district, and State or Federal government or agency to the
maximum extent allowed by law. The provisions of this Zoning Code
shall not apply to any public project of the City except to the minimum
extent required by law. While an entitlement permit is not required
for a City project, conceptual design review by the Design Review
Board is required.
H.
Minimum
requirements. The provisions of this Zoning Code shall be minimum
requirements for the promotion of the public health, safety, and general
welfare. When this Zoning Code provides for discretion on the part
of a City official or body, that discretion may be exercised to impose
more stringent requirements than set forth in this Zoning Code as
may be necessary to promote orderly land use development and the purposes
of this Zoning Code.
I.
Other
requirements may still apply. Nothing in this Zoning Code eliminates
the need for: obtaining any permit, approval, or entitlement required
by other provisions of the Municipal Code; or complying with the regulations
of any City department, or any County, regional, State, or Federal
agency.
J.
Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 20-12.020 D (Conflicting Requirements).
K.
Effect of Zoning Code changes on Pipeline projects. Approved projects that are diligently pursuing construction, and which propose modifications that do not result in a substantial change to project intensity may be processed for compliance according to the Zoning Code in effect at the time of approval. These may be changes allowed by Zoning Code Section 20-54.060 Changes to an approved project, or similar changes as approved by the Director.
(Ord. 3677 § 1, 2004; Ord. 2021-012 §§ 2, 3)
