Article XII. - PC—Planned Community District.
Sec. 26C-120A. - Purpose.
Sec. 26C-120. - Application.
Sec. 26C-121. - Preliminary development plan.
Sec. 26C-122. - Permitted uses, subject to site development and erosion control standards.
Sec. 26C-123. - Uses permitted with precise development plan (precise development plan is synonymous with "use permit").
Sec. 26C-124. - Precise development plan.
Sec. 26C-125. - Residential density, building intensity and development criteria.
Sec. 26C-120A. - Purpose.
To implement the provisions of Section 2.3 of the general plan land use element which provide for mixed residential and commercial
use and to implement the provisions of Section 2.2 of the general plan. Planned communities are intended to allow diversification
in the relationship of various uses, buildings, structures, lot sizes and open spaces while insuring substantial compliance
with adopted general plans and with the intent of this ordinance in requiring adequate standards necessary to satisfy requirements
of public health, safety and general welfare.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-120. - Application.
(a)
Applications to rezone lands to planned community shall be accompanied by a preliminary development plan that meets the requirements
of Section 26C-121.
(b)
Except for uses permitted by Section 26C-122, applications for building and zoning permits and the land division approvals
required by the Sonoma County Subdivision Ordinance shall be preceded by the approval of a precise development plan that meets
the requirements of Section 26C-124.
(c)
The precise development plan shall be noticed, heard and determined by the planning commission or the board of supervisors
in the manner provided for use permits in Article 33.
(d)
The sectional district maps for planned community district shall reflect the preliminary development plan by showing:
(1)
The precise areas and anticipated square footage of commercial use, where applicable.
(2)
The precise areas and number of residences, where applicable.
(3)
A reference to any resolution of intent adopted by the planning commission or board of supervisors at the time of recommendation
or adoption of the sectional district maps.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-121. - Preliminary development plan.
The preliminary development plan shall be a graphic representation of the applicant's intended development showing:
(a)
The entire proposed planned community.
(b)
If used in the "limited commercial," "recreation and visitor serving commercial", or "general commercial" land use category,
the proposed land uses precisely divided between residential and commercial.
(c)
A preliminary circulation pattern.
(d)
A preliminary site plan for all residential areas including the size of each area.
(e)
The proposed number of dwelling units and size of each unit.
(f)
The anticipated square footage and building intensity for commercial development in each area.
(g)
The type and location of proposed public facilities located on site.
(h)
General delineation of those units to be constructed in progression.
(i)
Topography at contour intervals determined by the director of the permit and resource management department.
(j)
The relationship of the planned community to its surroundings and the general plan.
(k)
Other information deemed necessary by the director of the permit and resource management department. Revision(s) to the preliminary
development plan may be approved in the same manner as provided in Article 33, except that permit expiration provisions shall
be automatically waived.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-122. - Permitted uses, subject to site development and erosion control standards.
The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature
designated in the general plan or coastal plan, in which case a use permit is required. All clearing of vegetation, grading,
excavation, fill or construction in association with these uses shall conform to the site development and erosion control
standards.
(a)
Uses consistent with an approved precise plan.
(b)
One (1) dwelling unit on a permanent foundation per lot provided that the lot contains not less than six thousand (6,000)
square feet of area and is at least sixty feet (60′) in width.
(d)
Small residential community care facility.
(e)
Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department
will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received
within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of
a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that
approval is secured from the following departments: sheriff, public health, fire services, building inspection and public
works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331.
(f)
Small family day care.
(g)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26C-325.3.
(h)
Attached commercial telecommunication facilities which meet the applicable criteria set forth in Section 26C-325.7.
(i)
Minor free-standing commercial telecommunication facilities, subject to the applicable criteria for such facilities in the
RR district set forth in Section 26C-325.7 and subject to approval of a zoning permit, including environmental review, for
which notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property
owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal
pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall
be held pursuant to the above Section.
(j)
Non-commercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth
in Section 26C-325.7. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial
zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10)
days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested
person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.
(k)
On lands designated as "rural residential" on the general plan land use map, the following additional uses:
(1)
Raising, feeding, maintaining and breeding of not more than one of the following per twenty thousand (20,000) square feet
of area: If the subject parcel is at least five (5) acres, additional animals may be approved by use permit pursuant to Section
26C-123.
a.
Five (5) hogs or pigs;
b.
One (1) horse, mule, cow, or one steer;
c.
Five (5) goats, sheep, or similar animals;
d.
Fifty (50) chickens or similar fowl;
e.
Fifty (50) ducks or geese or one hundred (100) rabbits or similar animals;
f.
4-H and FFA animal husbandry projects are permitted without limitation of parcel size provided that the parcel contains at
least twenty thousand (20,000) square feet and provided further a letter of project authorization is first submitted by the
project advisor. The director of the permit and resource management department may require the applicant to obtain a use permit
when the director determines that the project might be detrimental to surrounding uses.
(2)
The outdoor growing and harvesting of shrubs, plants, trees, flowers, vines, fruits, vegetables, hay grain and similar food
and fiber crops. Except as noted below, agricultural cultivation shall not be permitted in the following areas:
Agricultural cultivation may be allowed in subsections a. through c. above upon approval of a management plan which includes
appropriate mitigations for potential erosion, bank stabilization, and biotic impacts. This plan may be approved by the director
of the permit and resource management department or by use permit pursuant to Section 26C-123(a).
a.
Within one hundred feet (100′) of the top of the bank in the "Russian River Riparian Corridor."
b.
Within fifty feet (50′) of the top of the bank in designated "flatland riparian corridors."
c.
Within twenty-five feet (25′) of the top of the bank in designated "upland riparian corridors."
(3)
Accessory buildings, and uses appurtenant to the operation of the permitted uses. Accessory buildings may be constructed on
vacant parcels of two acres or more in advance of a primary permitted use. On vacant parcels less than two acres, accessory
building may only be constructed if less than one hundred twenty (120) square feet or as incidental to an existing agricultural
use.
(4)
The indoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food
and fiber crops, provided that the greenhouse or similar structure for indoor growing is less than five hundred (500) square
feet.
(5)
One (1) guest house per lot.
(6)
Other non-residential uses which in the opinion of the director of the permit and resource management department are of a
similar and compatible nature to those uses described in Section 26C-122.
(l)
On lands designated as "urban residential" on the general plan land use map, the following additional uses:
(1)
The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food
and fiber crops.
(2)
Other non-residential uses which in the opinion of the director of the permit and resource management department are of a
similar and compatible nature to those uses described in Section 26C-12.2(l).
(m)
On lands designated as "limited commercial" or "general commercial" on the general plan land use map:
(1)
Intermediate free-standing commercial telecommunication facilities fifty feet (50′) or less in height subject to the applicable
criteria for such facilities in the CS District set forth in Section 26C-325.7 and subject to approval of a zoning permit,
including environmental review, for which notice, including a site plan and one elevation with dimensions for such facility,
is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit
and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an
appeal, a hearing on the project shall be held pursuant to the above section.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-123. - Uses permitted with precise development plan (precise development plan is synonymous with "use permit").
(a)
Sensitive area uses:
(1)
Permitted uses listed in Section 26-122 when located within a sensitive area, riparian corridor, critical habitat area, or
unique feature designated in the general plan or coastal plan.
(2)
Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor,
critical habitat area, or unique feature designated in the general plan or coastal plan.
(b)
On lands designated as "rural residential" on the general plan land use map, those uses permitted with a use permit in the
RR district (Section 26C-91) except Section 26C-91(b)(3) (second dwelling units).
(c)
On lands designated as "rural residential" on the general plan land use map, intermediate and major free-standing commercial
telecommunication facilities subject at a minimum to the applicable criteria set forth for such facilities in the RR district
in Section 26C-325.7 and only if the applicant demonstrates to the satisfaction of the decision-making body that there is
no technically feasible alternative site(s) or strategy which would provide the needed service on lands which are not zoned
AR, RR, R1, R2, R3, or PC with a UR or RR land use designation.
(d)
On lands designated as "urban residential" on the general plan land use map, those uses permitted with a use permit in the
R1 (low density residential) or R2 (medium density residential), (Sections 26C-101 & 111 respectively) whichever is applicable.
(e)
On lands designated as "urban residential" on the general plan land use map, intermediate free-standing commercial telecommunication
facilities subject at a minimum to the applicable criteria set forth for such facilities in the R1 district in Section 26C-325.7
and only if the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible
alternative site(s) or strategy which would provide the needed service on lands which are not zoned AR, RR, R1, R2, R3, or
PC with a UR or RR land use designation.
(f)
Golf courses, boarding of horses and commercial stables, and similar recreation facilities.
(g)
Accessory buildings and uses.
(h)
On lands designated as "limited commercial", or "general commercial" on the general plan land use map, the following uses
provided that they are necessary or desirable and are not detrimental to surrounding areas:
(1)
Any generally recognized retail business which supplies commodities on the premises, such as groceries, meats, dairy products,
baked goods or other foods, drugs, dry goods, clothing, notions or hardware.
(2)
Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas,
such as shoe repair, dry cleaning, tailoring, beauty parlors, or barber shops, or any service establishment of an office-showroom
or workshop nature.
(3)
Restaurants or other places serving foods or beverages.
(4)
Professional, administrative and general business offices.
(5)
Gasoline service stations and mini-marts.
(6)
Other similar commercial uses which the planning commission determines are consistent with the provisions of Sections 2.3.1,
2.3.2, 2.3.3 and 2.3.4 of the general plan land use element.
(7)
Additional dwelling units on permanent foundations as part of a mixed commercial/residential development provided that they
are secondary to and compatible with an existing or proposed commercial use according to the following criteria:
a.
The combined floor area of all of the residential units on the site must be less than fifty percent (50%) of the combined
floor area of the commercial development unless the project is located in a designated Redevelopment Project Area, in which
case the residential floor area must only be less than the floor area of the commercial development.
b.
The maximum size of any residential unit is one thousand (1000) square feet.
(i)
On lands designated as "limited commercial" or "general commercial" on the general plan land use map, intermediate free-standing
commercial telecommunication facilities greater than fifty feet (50′) in height subject at a minimum to the criteria for such
facilities in the CS district set forth in Section 26C-325.7.
(j)
Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications
facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small
power and transformer stations, fire and police stations and training centers, service yards, and parking lots which, at a
minimum, meet the criteria of General Plan Policy PF-2s and which are not otherwise exempt by state law.
(k)
Non-commercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable
criteria set forth in Section 26C-325.7.
(l)
Exploration and development of low temperature geothermal resources for other than power development purposes provided that
at a minimum it is compatible with surrounding land uses.
(n)
Large residential community care facility.
(o)
Other non-residential uses which in the opinion of the director of the permit and resource management department are of a
similar and compatible nature to those uses described in Section 26C-123.
(p)
Lodging on parcels designated "recreation and visitor-serving" in the general plan.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-124. - Precise development plan.
For uses and subdivisions not satisfying the minimum requirements of Section 26C-122, a precise development plan (use permit)
must precede the filing of an application for tentative map or zoning permit.
(a)
The precise development plan shall be a precise, graphic and written representation of the applicant's intended development
describing:
(1)
Location and description of all buildings.
(2)
Vehicular circulation.
(3)
Pedestrian circulation.
(5)
Topography at contour intervals determined by the director of the permit and resource management department.
(8)
Landscaping and maintenance provisions therefore.
(9)
Gross area, lot area and open areas calculated to the nearest tenth of an acre.
(10)
Delineation of those subunits to be constructed in progression.
(12)
Other information deemed necessary by the director of the permit and resource management department.
(b)
The maintenance of and perpetual existence of required open areas shall be guaranteed by creation of entities and the imposition
of real conditions, covenants and restrictions as required by county counsel.
(c)
In the event that a subdivision map is not required for approval of the entirety of any general or precise plan of planned
community, such approval shall not become effective until conveyances for any required public easements, streets, rights of
way, or other public areas shall have been filed with the county surveyor and accepted by the board of supervisors. Where
any land is to be conveyed for public use, a title report issued by a title insurance company in the name of the owner of
the land, issued to or for the benefit and protection of the county of Sonoma showing all parties whose consent is necessary
and the nature of their interest therein, shall be filed with the conveyances of such land.
Where public improvements are to be constructed or where improvements are to be made upon lands to be conveyed to the county
of Sonoma, the landowner shall execute and file an agreement between himself and the county providing for the installation
of such improvements at the landowner's cost and expense, and in accordance with the approved development improvement agreement
and bonds provided for herein shall be considered in a like manner as are requirements upon improvement agreements and bonds
under regulations for subdivisions. Such improvement agreement and bonds shall be deemed to include and cover the installation
of landscaping and planting as required by an approved plan thereof whether such landscaping and planting shall be upon public
or private lands.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-125. - Residential density, building intensity and development criteria.
The use of land and structures within this district is subject to this article, the applicable regulations of this ordinance,
and the provisions of any district which is combined herewith. Policies and criteria of the general plan and coastal plan
shall supersede the standards herein. Development shall comply with coastal plan policies.
(a)
Residential density for lands in residential land use categories shall be as shown in the general plan land use element or
that density permitted by a B combining district, whichever is more restrictive. Development shall comply with coastal plan
policies.
(b)
Building intensity: The maximum building intensity of the use of a site for lands in commercial land use categories shall
be determined by multiplying the maximum building height limit and the maximum lot coverage. The specified height or lot coverage
limits may be modified if a use permit is first secured and if the maximum building intensity is not exceeded.
(c)
Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest
point of that portion of the lot covered by the building to the topmost point of the roof.
An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the
appropriate review body finds that the structure is no higher than twenty-four feet (24′) above the corridor route grade directly
across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible
with community character.
Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan,
for those properties listed, the requirements of Appendix B shall be followed.
Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition
of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed
four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior
to the expansion, or the building height allowed by this chapter, whichever is greater.
(1)
West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet (24′).
(2)
Bodega Bay Core Area residential: Sixteen feet (16′) height limit except that in major developments up to fifteen percent
(15%) of the units may exceed the height limit.
(3)
East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16′). There Sereno Del Mar
Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection
(7) below.
(4)
East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet
(24′).
(5)
East of Highway 1 and are not visible from designated scenic roads: thirty-five feet (35′).
(6)
Agricultural structures: thirty-five feet (35′); however, structures shall not obstruct views of the shoreline from coastal
roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.
(7)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26C-325.7.
(8)
An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′), may be approved
if the appropriate review body finds that the structure is no higher than sixteen feet (16′) above the corridor route grade
directly across from the building site, will not block coast views from the corridor route or neighboring properties and is
compatible with community character.
(9)
A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall
be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed
provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height
allowed by this chapter, whichever is greater.
(d)
Minimum lot size: six thousand (6,000) square feet or as indicated on the approved precise development plan.
(e)
Maximum lot coverage:
(1)
Percentage: Thirty-five percent (35%) for lots in excess of six thousand (6,000) square feet in size or forty percent (40%)
for lots six thousand (6,000) square feet or smaller or as indicated on the approved precise development plan, provided however
that for a mixed commercial and residential development, pursuant to Section 26C-123(h), the maximum lot coverage shall not
exceed fifty (50) percent subject to Section 26C-125(b). Lot coverage limitation may be waived by the director of the permit
and resource management department for swimming pools.
(2)
Building mass: Whereas this section permits, in effect, single- family dwellings with no side yards between, there shall be
no more than six (6) dwelling units nor a length of more than one hundred fifty feet (150′), whichever is less, in any contiguous
group or in any one building, unless specifically approved otherwise by the Sonoma County Planning Commission.
(f)
Yard requirements: The following shall apply except that if the subject property adjoins land which is zoned AR or is designated
as agricultural land, the use is subject to the requirements of Section 26C-323(f).
(1)
Front yard required: Twenty feet (20′) or as shown on the approved precise development plan, provided that no garage opening
may be located closer than twenty feet (20′) from any road, right of way or common driveway. A variation in setbacks shall
be encouraged.
(2)
Side or rear yards required: As required by the R1 District or as indicated on the approved precise development plan, provided
that at least ten feet (10′) must be maintained between all detached buildings. Smaller side and rear yard setbacks may be
allowed by the director of the permit and resource management department when abutting dedicated common open space or open
areas. Approval of the applicable homeowner's association and signatures of neighbors shall be required.
(3)
Special yards required for dwelling groups according to the provisions of Section 26C-112(i).
(g)
Parking requirements:
(1)
Residential: Garage space or parking space.
a.
Not less than two (2) covered off-street parking spaces per dwelling unit. The requirements for covered parking may be waived
for single-family dwellings if the lot on which the dwelling is to be placed is of such size, shape or location that the areas
devoted to automobile parking will be visually screened from adjacent lots and from the common roadway(s) serving the property,
provided that site plan approval in accordance with Article XLI is first secured.
b.
Multi-family dwellings and dwelling groups: One (1) uncovered guest parking space per dwelling unit.
(2)
Any other use shall provide parking in accordance with the standards in Article XXXI.
(h)
Environmental and hazards requirements.
(1)
Environmental protection and hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations
20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation,"
"sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.
(2)
All development shall be subject to site development and erosion control standards. These standards are to be used as the
minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply
to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards
of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards
and policies shall apply. Development shall comply with coastal plan policies.
(3)
No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.
(i)
Access dedication.
(1)
Each permit must conform to Chapter V access provisions of the coastal plan. An offer of dedication is required if an access
way is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each access way
and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no access
way is shown in the access plan.
(2)
Two (2) types of access may be required: Lateral and/or vertical.
a.
Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between
the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be
mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there
is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide access way should
be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described
as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated
easement be required to be closer than ten feet (10′) to a residential structure.
b.
Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement
should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements
of improvements.
(j)
Design review approval: All uses in the PC district are subject to design review approval with the exception of the uses in
Section 26C-122.
(1)
All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies
and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently
approved area design guidelines.
(2)
Design review to be required in accordance with the procedures described on the review process final view rating maps on file
in the permit and resource management department and incorporated by reference.
(3)
New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant
environmental effect than an overhead line.
(k)
Inclusionary housing requirements.
(1)
In housing projects of eleven (11) or more units, a minimum of fifteen percent (15%) of these units shall be affordable to
very low, low, or moderate income households unless the conditions delineated in the coastal land use plan apply.
(2)
In housing projects of five (5) to ten (10) units, either fifteen percent (15%) of the units shall be affordable to very low,
low, or moderate income households, or a six percent (6%) in lieu fee shall be paid to a coastal zone site acquisition and
development fund to be administered by the county community development commission.
(Ord. No. 5318 § 1, 2001.)