Sec. 26C-290. - Preliminary development plan requirements.
All development shall be planned as a unit. Applications for design review approval shall be accompanied by a development
plan, including the entire parcel or parcels to be developed.
Approval of the preliminary development plan shall concentrate on the general acceptability of land uses, open space configuration,
conformity to the general plan and coastal plan, specific uses and densities proposed and their interrelationships and relationship
to the surroundings. The preliminary development plan application shall include the following:
(a)
Proposed land uses, showing general location of open space, building areas and specific uses;
(b)
The proposed maximum density for residential uses measured in units per gross acre;
(c)
The type and location of proposed major public facilities;
(d)
Topography at intervals determined by the director of the permit and resource management department;
(e)
A tabulations of the total land area and percentage thereof designated for various uses;
(f)
General circulation pattern indicating both public and private vehicular and pedestrian ways, including trail systems where
proposed;
(g)
Relationships of present and future land uses to the surrounding area and any adopted general plan, specific plan, or area
land use plan;
(h)
A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures
and open space;
(i)
A preliminary report indicating provisions for storm drainage, sewage, disposal, grading and public utilities;
(j)
Delineation of development staging, if any;
(k)
Significant natural features such as trees, rock outcroppings and bodies of water;
(l)
Existing man-made features and areas where natural materials are to be deposited and removed;
(m)
Methods of preventing soil erosion or slippage;
(n)
Any other data deemed necessary by the director of the permit and resource management department.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-291. - Final development plans.
Before a building permit or a zoning permit may be issued for any zoning district in which this section is applicable, final
plans of development shall be approved by the director of the permit and resource management department. Such final development
plans shall include a plot plan and elevations drawn to a workable scale, depicting the following:
(a)
Topography, significant natural features and trees;
(b)
Location and design of buildings and structures including materials to be used;
(c)
Location and type of landscaping, irrigation and its relationship to open spaces and existing vegetation, and any adopted
county low-water use regulations;
(d)
Location and design of off-street parking and loading facilities, and any required public roadway improvements;
(e)
Location and type of fences and walls;
(f)
Location of trash storage areas;
(g)
Location and design of signs and exterior night lighting;
(h)
Grading plans as necessary to meet the requirements of the Sonoma County Tree Protection Ordinance;
(i)
Any other data deemed necessary by the director of the permit and resource management department.
In the case of a development of a group of commonly designed buildings, the director of the permit and resource management
department may limit his review to typical elevations.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-292. - General development standards.
(a)
Proposed structures are designed and situated so as to retain and blend with natural vegetation and land forms of the site
and to ensure adequate space for light and air to itself and adjacent properties;
(b)
Where grading is necessary for the construction of structures and paved areas, it blends with adjacent land forms through
the use of contour grading rather than harsh cutting or terracing of the site and does not create problems of drainage or
erosion on its site or adjacent property;
(c)
Streams and other natural drainage systems are not altered so as to affect their character and thereby causing problems of
drainage, erosion or flooding;
(d)
Structures are located outside flood zones, drainage channels, and other areas subject to inundation;
(e)
Trees and other vegetative land cover are removed only where necessary for the construction of structures or paved areas in
order to reduce erosion and impacts on natural drainage channels and maintain surface runoff at acceptable levels;
(f)
A smooth transition is maintained between development and adjacent open areas through the use of natural landscaping and plant
materials which are native or appropriate to the area;
(g)
Views are protected by the height and location of structures and through the selective pruning or removal of trees and vegetative
matter at the end of view corridors;
(h)
Structures are set back from the edge of bluffs and cliffs to protect views from scenic areas below;
(i)
Varying architectural styles are made compatible through the use of similar materials and colors which blend with the natural
setting and surrounding neighborhood;
(j)
The design of the structure is appropriate to the use of the property and is in harmony with the shape, size and scale of
adjacent buildings in the community;
(k)
Overhead utility lines are placed underground where appropriate to reduce the visual impact in open and scenic areas;
(l)
The number, location, size, design, lighting, materials, and use of colors in signs are compatible with the architectural
style of the structure they identify and harmonize with their surroundings;
(m)
Paved areas are integrated into the site, relate to their structure, and are landscaped to reduce visual impact from residential
areas from roadways;
(n)
The orientation of building sites shall be such as to maintain maximum natural topography and cover;
(o)
The design of buildings, fences and other structures shall be evaluated on the basis of harmony with site characteristics
and nearby buildings, including historic structures, in regard to height, texture, color, roof characteristics and setback;
(p)
Streets shall be designed and located in such a manner as to maintain and preserve mutual topography, cover, significant landmarks
and trees; to necessitate minimum cut and fill; and to preserve and enhance views and vistas on or off the subject parcel;
(q)
Horticultural ground covers and other surfacing shall be used to prevent dust and erosion where natural vegetation and ground
cover is disturbed or removed;
(r)
All refuse collection areas shall be enclosed on all sides unless, by nature of the building design, the trash areas are obscured
from the adjacent properties and from vehicular and pedestrian traffic. Refuse enclosures shall be of six-foot height with
adequate access for refuse vehicles;
(s)
Where non-residential or high-density residential areas are adjacent to low-density residential areas (R1), the director of
the permit and resource management department may require six foot (6′) screening in the form of a wall or landscape planting;
except, that screen shall be reduced to three feet (3′) if within or abutting a required front setback. The height limit may
be modified where, because of differences in ground elevation, the purposes of this section would be better met. The precise
location and type of screening shall be determined by the director of the permit and resource management department;
(t)
The color, size, height, lighting and landscaping of appurtenant signs and structures shall be elevated for compatibility
with local architectural motif and the maintenance of view and vistas of natural landscapes, recognized historic landmarks,
urban parks or landscaping;
(u)
A complete system of underground utilities shall be provided in accordance with public utility commission regulations;
(v)
All mechanical or air-conditioning apparatus shall be screened from view and baffled for sound;
(w)
Each unit of development, as well as the total development, shall create an environment of desirability and stability. Every
structure, when completed and in place, shall have a finished appearance;
(x)
A minimum of eight percent (8%) of all parking lot areas where more than ten (10) parking spaces are provided shall be landscaped.
The landscaping shall be uniformly distributed and provision shall be made for its perpetual maintenance;
(y)
The parking layout shall conform to the dimensions on Exhibit A. Where two-way traffic is desired, aisle widths shall be a
minimum of twenty feet (20′), except where item F of the diagram requires a greater width. The director of the permit and
resource management department may modify the layout provided the goals of this chapter are achieved. Such modifications may
include, but are not limited to, parking at other angles than indicated, a combination of parking angles or a herringbone
pattern;
(z)
Circulation within a parking area shall be such that:
(1)
A car entering the parking area need not enter a street to reach another side.
(2)
Except for parking areas accommodating three (3) or fewer vehicles, a car entering a street or highway can do so by traveling
in a forward direction.
(aa)
All lighting in parking areas shall be arranged to prevent direct glare or illumination onto adjacent properties.
(bb)
Off-street parking areas and driveways, exclusive of required landscaping, shall be surfaced with materials approved by the
director of the permit and resource management department. Paved parking areas shall be painted with lines showing parking
spaces and with directional arrows, showing traffic movements.
(cc)
Required residential covered off-street parking facilities shall be located on the premises they are intended to serve, and
shall not extend into a required front yard or any other required yard abutting a street.
(dd)
Off-street parking for other than residential uses shall be on the premises they are intended to serve or within three hundred
feet (300′) thereof. Where parking is provided on sites other than that of the use, a parking easement stipulating to the
permanent reservation of the use of the site for parking, shall be recorded with the county recorder and filed with the building
inspector and director of the permit and resource management department prior to the issuance of building or zoning permits.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-293. - Approval of building permits, zoning permits, and land use; status of approved preliminary and final development plan(s),
and improvement agreements.
(a)
Compliance. No building permit, zoning permit nor land use approval shall be issued in any zoning district where Article XXIX
is applicable until the preliminary and final development plan(s) have been approved by the director of the permit and resource
management department or other applicable decision making body.
The permit and resource management department shall not authorize final building inspection or any level of occupancy of the
building(s) until satisfied that: all on-site improvements shown on the grading and utility drawings are installed or bonded
for in accordance with the site plan approved by the design review committee; the buildings are constructed in accordance
with the illustrative building elevation drawings, material samples and color samples approved by the design review committee;
the landscaping and landscape irrigation system are installed or bonded for in accordance with the drawings approved by the
design review board and that all conditions of approval are met.
(b)
Expiration. The preliminary development plan shall expire two (2) years from the date of approval or for such additional period
as may be specified at the time of such approval unless design review approval of final development plans for all or part
of the preliminary development plan area is obtained. In order to obtain final development plan approval, the preliminary
development plan may be extended for one additional year upon written request and approval by the director of the permit and
resource management department.
The final development plan shall expire two years after approval unless project construction has commenced within said two
(2) year period. The final development plan may be extended for one additional year upon written request and approval by the
authority which granted the original approval.
(c)
Improvement agreements:
(1)
If the improvement works required as a condition of an approval of a project by the design review committee are not satisfactorily
completed before the issuance of a building permit(s) the owner(s) of the property shall, prior to the issuance of such permit(s),
enter into an agreement with the county, agreeing to have the work completed within the time required, and specifying that
should such work not be satisfactorily completed within the time limit, in addition to any other remedies it may have, the
county may complete all specified improvements and be completely reimbursed for such improvements by the owner of the property.
For purposes of this section, "improvement works" shall mean those landscape, street, and drainage improvements required as
a condition of design review. Any such improvement agreement shall be approved as to form by the county counsel and shall
include, but not be limited to:
a.
Construction of all improvements works per the approved plans; provided, however, that the development shall not be obligated
to complete design review improvements in the event the developer elects not to construct the underlying project;
b.
Completion of improvements within one year from approval of design review. This completion date may be extended by the county
as provided in this chapter;
c.
Warranty by developer that construction of on-site drainage improvements will not adversely affect any portion of adjacent
properties;
d.
Payment of inspection fees in accordance with the county's established fees and charges;
f.
Maintenance and repair of any defects or failures and causes thereof;
g.
Release and indemnification of the county from all liability incurred as a result of construction associated with the development
and payment of all reasonable attorney's fees that the county may incur because of any legal action arising as a result of
construction associated with the development;
h.
Registered civil engineer's, architect's, or landscape architect's written verification to the county, based upon field inspection,
that landscaping, private road, and drainage improvements located on the property and subject to the agreement have been constructed
in substantial conformance with approved plans.
(2)
Modification of improvement agreements. Improvement agreements may be modified to reduce the amount of security in recognition
of the partial completion of improvements, and to allow changes to improvement plans as approved by the design review committee
as specified under the terms of an existing agreement. All modifications of improvement agreements shall be at the discretion
of the county of Sonoma, upon written request by the developer. In consideration of a modification to reduce the amount of
security, the following will be required:
a.
Engineer's, architect's, landscape architect's, or licensed contractor's written verification to the county that the partially
constructed landscaping, private road and drainage improvements located on the property and subject to the agreement have
been completed in substantial conformance with approved plans;
b.
Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;
c.
Revised improvement securities in accordance with revised construction cost estimates;
d.
A fee shall be paid to the county to cover the actual costs for processing the modification.
(3)
Extension of improvement agreements. The completion date for any improvements to be constructed under an improvement agreement
may be extended by the county of Sonoma upon written request by the developer and the submittal of evidence to justify such
extension. The request shall be made not less than thirty (30) days prior to the expiration of the improvement agreement.
Any such extension shall be authorized in writing by the county. Any request for extension, at the discretion of the county,
may be denied. In consideration of the extension, the following will be required:
a.
In those cases where construction has not commenced, revision of the improvement plan to provide the current design and construction
standards required by the responsible department;
b.
Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;
c.
Increase of improvement securities in accordance with revised construction estimates;
d.
Increase in any inspection fees to reflect current fees;
e.
The design review committee may impose additional requirements it may deem necessary as a condition to approving any time
extension for the completion of improvements;
f.
A fee shall be paid to the county to cover the actual costs for processing the extension.
(4)
Amount of security to accompany improvement agreement. Applicant/developer shall, prior to county's execution of the design
review agreement, deliver to the county the following security in a form satisfactory to the county counsel:
a.
Either a cash deposit, a corporate surety bond, or an instrument of credit sufficient to assure the county that the improvement
work approved by the county will be satisfactorily completed. Nothing contained in this section shall be construed to require
duplicate security for improvements for which the county, as principal obligee, is already holding security;
b.
If required by the county, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure county that
wet weather construction mitigation measures will be constructed in accordance with the approved plan.
(5)
Release of improvement securities. The performance security for dedicated improvements shall be released only upon acceptance
of the improvements by the county and, if required as a condition of design review, approved warranty security has been filed
with the county. The performance security for other improvements shall be released only upon satisfactory passage of final
inspection by the county. Additionally, with respect to improvements which will not be dedicated and accepted by the county,
the applicant/developer shall comply with Section 3093 of the civil code and deliver forthwith to the director of the permit
and resource management department or the directors' appointed designee, a copy of the notice of completion and the engineer's,
architect's, or licensed landscape architect's written verification based upon field inspection of satisfactory completion
as required for the landscaping, private road and drainage improvements; and, if required as a condition of design review,
shall deliver to the county any required maintenance and/or warranty agreements and security, prior to the release of the
performance security.
(6)
Delegation to approve improvement agreements. Where the board of supervisors has, by resolution, adopted a standard form design
review agreement which conforms to the requirements of this section, the director of the permit and resource management department
is authorized to execute such agreements and accept security therefore on behalf of the county, including any extensions or
minor modifications thereto which are consistent with this section.
(7)
The director of the permit and resource management department may waive the requirement for an improvement agreement and securities
on landscape and irrigation improvements when found appropriate and the applicant enters into an agreement with the county
to hold occupancy on the project pending completion of all required improvements. In considering such a waiver, the director
of the permit and resource management department shall review the scale of the project, visibility of the project from adjacent
roads and properties, and demonstrated prior performance of the applicant.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-294. - Design review requirement.
(a)
No permit shall be issued for any project requiring design review approval unless and until drawings and plans have been approved
by the design review committee or other applicable decision making body as the case may be. All buildings, structures, and
grounds shall be developed in accordance with the approved drawings and plans.
(b)
The design review committee, composed of three (3) members appointed by the director of the permit and resource management
department, shall be responsible for and shall have the authority to approve drawings and plans within the meaning of this
section. The committee, or other applicable decision making body as the case may be, shall endeavor to provide that the architectural
and general appearance of buildings or structures and grounds are in keeping with the character of the neighborhood and are
not detrimental to the orderly and harmonious development of the county and do not impair the desirability of investment or
occupation in the neighborhood.
(c)
The director of the permit and resource management department may waive the above requirement for design review committee
approval of a project in the following instances. In such cases, administrative design review approval shall be required as
described in subsection (d) below.
(1)
New commercial, institutional or industrial uses permitted by zoning in existing buildings or uses that have been previously
authorized by use permit or design review approval. Approval shall be based on a review of the property to assure compliance
with the terms and conditions of the original authorization of the use. Additional conditions may be required to implement
the objectives of the Sonoma County General Plan, coastal plan, or the Sonoma County Code.
(2)
Signs for residential, commercial, industrial and institutional uses permitted by this chapter, for which a sign program has
been approved, or for appurtenant signs less than thirty-two (32) square feet, which are not located along a designated scenic
corridor.
(3)
Minor facade changes or building additions for residential, institutional, commercial and industrial uses not requiring use
permit approval or for such uses for which a use permit has been granted, if such changes or additions involve less than twenty
percent (20%) of the existing floor area, do not exceed five thousand (5,000) square feet and are exempt from the provisions
of the California Environmental Quality Act.
(4)
Fruit and produce stands (if exempt from CEQA).
(5)
Bed and breakfast inns (subsequent to use permit approval).
(6)
Any other project requiring design review approval as specified in this chapter which in the opinion of the director of the
permit and resource management department based on the small scale and the nature of the development should qualify for administrative
design review. In the coastal zone, the waiver of design review shall also be subject to the following criteria:
a.
Requirements and concerns of other responsible public agencies are met;
b.
The immediate neighbors are not ill affected;
c.
The requirements of the California Environmental Quality Act of 1970 are fully complied with;
d.
The proposed use or activity is of such an intensity that no discernable public purpose would be served by requiring a permit;
e.
That applicable performance standards are met.
(d)
Administrative design review approval shall consist of a formal written waiver specifying conditions, if any. Copies of the
written waiver will be distributed to the applicant and any interested persons. The administrative determination is appealable
to the design review committee within ten (10) calendar days following the mailing date of the report. An appeal is made by
filing the appropriate application and required fees with the county permit and resource management department.
(e)
Any interested person may appeal any decision made by the design review committee pursuant to this chapter to the planning
commission. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is
the subject of the appeal. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required
filing fee.
(f)
The design review committee may, if it deems it advisable, refer any application for design review approval to the planning
commission for its decision.
(Ord. No. 5537 § 4(b), (c), 2004; Ord. No. 5318 § 1, 2001.)