17.33.080 Digital Freeway Sign Program
A. Digital freeway sign means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically.
1. A digital freeway sign may be internally or externally illuminated. 857
City of Rocklin
172
2. Digital freeway signs shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign.
3. Each static message shall not include flashing, scintillating lighting or the varying of light intensity.
4. A digital freeway sign consists of a digital display area and a sign structure.
B. Digital freeway signs shall be in addition to all other signs allowed by this Chapter.
C. The locations and heights of digital freeway signs shall be governed by this Section.
1. Heights of digital freeway signs shall be established relative to topography and setting so as to provide the best balance between the signs purpose of effectively communicating a visual message, the setting including topography and surrounding architecture, and freeway traffic safety. However, in no case shall a digital freeway sign exceed a maximum height of 65 feet as measured from the center line of the nearest freeway to the top of the digital freeway sign structure.
2. Subject to the limitations of this Section, and notwithstanding the provisions of any applicable general development plan, digital freeway signs shall be a permitted use in all zones allowing nonresidential uses.
D. Digital freeway signs shall only be permitted when the City has entered into an operating agreement with a digital freeway sign owner to allow for digital billboards under certain circumstances; including (i) compensation to the City; (ii) the permanent removal of at least three off-site, pre-existing freeway billboards from within the City; (iii) the provision of access to the City to a portion of the total available display time to allow the City to present messages of community interest and information, and public safety; (iv) the provision of access to the appropriate agencies for the purpose of displaying "Amber Alert" messages and emergencydisaster communications; and (v) to establish quality and maintenance standards.
E. No single applicant shall be permitted to seek approval for more than three digital freeway signs.
Provided at least three or more existing freeway billboard structures have been removed, up to three digital freeway signs shall be allowed in the City separated as follows: one on the Interstate 80 corridor, one on the State Route 65 By-Pass route (beginning at Interstate 80 and extending northerly to the Blue Oaks Boulevard interchange), and one on the balance of the State Route 65 corridor.
F. All digital freeway signs shall be subject to Design Review consistent with the Rocklin Municipal Code.
858
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
173
G. Minimum distance of a digital freeway sign from residential uses shall be 300 feet from the base of the sign to a parcel on which a residential use is located, as such use exists on the date the digital freeway sign Design Review is approved by the City.
H. Minimum Display Time. Each message on the sign must be displayed for a minimum of eight seconds.
I. Maximum Face Size. Each face of the sign will be no larger than 14 feet by 48 feet in dimension (total 672 square feet) plus framing. Digital freeway signs are exempt from the area limitations in Section 17.33.060, Permanent Signs.
J. Illumination Standards. Digital freeway sign illumination is expressly permitted and when operated within these standards, does not violate Section 17.33.050.B, Illumination. Digital freeway signs shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Distance to measure the foot candles impact shall be measured from a distance of 250 for a sign with a nominal face size of 14 feet by 48 feet. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.
K. Future Technologies. The technology currently being deployed for digital freeway signs is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. Owners of digital freeway signs are authorized to change the digital freeway signs to any other technology that operates under the maximum brightness standards in Subsection
17.33.080.J, Illumination Standards. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
L. The digital freeway signs shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction.
M. After receiving approval to install a digital freeway sign(s) owners of digital freeway signs may at any time add or remove digital faces to their sign structures. However, the following shall apply:
1. Any prior sign removals completed as a part of the operating agreement approval of the digital freeway sign(s) shall not be reinstated.
2. The number of physical sign faces shall not be increased.
3. The overall size of the sign faces shall not be increased by more than five percent.
17.33.090 Permit Requirements and Procedures
A. The Director shall be responsible for the administration of this Chapter. 859
City of Rocklin
174
1. Except as otherwise provided by this Chapter, no sign (permanent or temporary) or special advertising display shall be installed, erected or displayed until the Director has determined that its design and placement comply with all requirements of this Chapter and has issued a sign permit or special advertising permit to the applicant and proprietor of the sign or display.
2. A sign permit is not required to repair, clean, repaint or refurbish any existing sign, unless such activity involves the replacement, reconstruction or relocation of the sign.
3. No permit is required for changing the copy of a sign provided:
a. there are no changes to the sign structure or cabinet, and b. the area of the sign is not being enlarged.
B. An application for a sign permit shall be made on a form prescribed by the Director and accompanied by a fee in an amount established by City Council resolution. In the case of afterthe-fact permitting, the otherwise applicable fee shall be doubled. The application shall, at a minimum, contain the following:
1. The name, address, telephone number and signature of the owner or lessee, or contractor of the property upon which the sign is to be located;
2. A plot plan which shows the location of the building or lot, upon which the sign is to be placed;
3. A dimensioned elevation of the building on which the sign is to be placed with the location of the sign clearly identified;
4. A scaled or dimensioned drawing of the sign and its relative location on the building and/or location of freestanding signs on the lot; and
5. A plan indicating the location, height, and size of all existing signs on the lot and/or tenant building frontage.
C. The Director shall review a completed sign permit application and shall issue the sign permit upon determination that the sign meets the requirements of this Chapter.
D. The Director's decision may be appealed to the Planning Commission, and the Planning Commission's decision may be appealed to the City Council under Section 17.42.140, Appeals.
E. Issuance of a sign permit shall not relieve the applicant from complying with all other applicable laws relating to displaying or erecting a sign, including, but not limited to, obtaining any required sign or electrical permit under Chapter 15.04, Uniform Construction Codes, of the Rocklin Municipal Code.
860
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
175
F. Duration and Extension. If a building permit has not been granted within two years of the date of approval of the sign permit or if a sign not requiring a building permit has not been installed within two years of the date of approval of the sign permit, the sign permit approval shall be null and void, unless extended by the approving authority. Requests for an extension shall be made in writing a minimum of 10 days prior to the expiration date.
G. Effective Date and Appeals. Sign permit decisions shall become effective on the 10th day after the date of a decision, unless appealed by any interested party under Section 17.42.140, Appeals.
H. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the City upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes but is not limited to omissions, errors or misrepresentations in the application materials, and oversights or errors in the processing thereof.
I. Disqualification. No sign permit application will be approved under any of the following circumstances:
1. Uncured Violation of Sign Rules. No sign permit will be approved if the applicant has installed a sign in violation of the provisions of this Chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or a cure included in the application.
2. Other Code Violations. No sign permit will be approved if there is any other existing zoning code violation located on the site of the proposed sign (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed new sign.
3. Previous Denial. No sign permit will be approved if the sign approval application is substantially the same as an application previously denied, unless either 12 months have elapsed since the date of the last application, or the applicant provides new evidence or proof of materially changed conditions, or the reasons for the earlier denial have been cured or will be cured as part of the new application.
4. Failure to Obtain Zoning Permits. No sign permit will be approved if the applicant has not obtained any other applicable required zoning permits.
5. Outstanding Unpaid Balance. No sign permit will be approved if the applicant has an outstanding unpaid balance for prior Community Development Department services. 861
City of Rocklin
176
17.33.100 Nonconforming Signs
A. Nonconforming signs shall be permitted to remain until such time as any of the events listed in Subsection B, below, occurs. At such time, the sign must be removed or brought into conformance with this Chapter.
B. A nonconforming sign shall lose its status as a nonconforming sign if any of the following occurs:
1. The sign is relocated or replaced;
2. The structure, height or size of the sign is altered in any way except toward compliance with this Chapter. Face changes and normal maintenance are allowed;
3. The sign structure is damaged or destroyed by more than 50 percent of its value at the time of damage or destruction.
17.33.110 Violation—Penalty
A. It is illegal to use, occupy or maintain property in violation of this Chapter.
B. Violation of this Chapter shall be a misdemeanor, but may be charged as either a misdemeanor or an infraction in the discretion of the prosecuting attorney.
C. A person who violates the provisions of this Chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues.
D. Violation of this Chapter which threatens to be continuing in nature is a public nuisance which may be abated or enjoined as such in accordance with Chapter 8.04 or any other provision of law.
17.33.120 Sign Contractors
A. Responsibility for Securing Permits. It shall be the duty of the contractor or person who erects, installs, paints, constructs or alters a sign to secure all necessary permits for such work. It shall be the responsibility of the property owner and/or lessee to assure that the contractor is properly licensed and bonded, and that the contractor secures all necessary permits. No sign contractor shall install a sign for which a permit is required unless such permit has been duly issued before construction work begins. A sign permit shall not be issued unless the sign contractor's name and contact information appears on the permit application.
B. Violations by Sign Contractors. Wherever a sign violation has occurred, it shall be the duty of the Director to determine what sign contractor, if any, performed the sign work. The following procedure shall be followed in pursuing sign contractors installing signs for which a valid permit has not first been secured:
862
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
177
1. First Violation. A letter shall be sent by certified mail to the sign contractor setting forth the City's requirements for sign permits and indicating that future violations will result in a complaint being filed with the contractors' state license board and/or legal action being taken against said contractor.
2. Second Violation. An administrative citation shall be issued, and a complaint shall be filed with the contractors' state license board and a copy of such complaint shall be sent to the sign contractor with a letter indicating that legal action may be taken if further violations occur. All correspondence shall be by certified mail.
3. Third and Subsequent Violations. A second administrative shall issue or other legal action may be taken against the contractor, using any method authorized by law. 863
City of Rocklin
178
17.34.010 Authority, Scope, Proprietary Capacity
In adopting this Chapter, the City acts in its proprietary capacity as to City property, as defined herein, within the City. This Chapter is adopted in accordance with the freedom afforded to cities pursuant to the City's general and police powers; California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; Penal Code 556; and other applicable State laws. The provisions of this Chapter and Chapter 17.33, Signs on Private Property, collectively constitute the "City Sign Ordinance."
17.34.020 Intent as to Public Forum
The City declares its intent that not all City property shall function as a public forum, unless some specific portion of City property is named herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.
17.34.030 Signs Must be Permitted or Exempted
Unless specifically authorized by this Chapter or other applicable law, no signs may be displayed on City property, except in or on a traditional public forum and in accordance with this Chapter. Any unauthorized sign posted on City property may be summarily removed by the City as a trespass and a public nuisance.
17.34.040 Temporary Signs Displaying Noncommercial Messages In areas defined as traditional public forum areas, private persons may display noncommercial message signs thereon, provided that the signs conform to all of the following:
A. The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times.
B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the City Council or other public body is holding a public hearing or meeting; on such occasions, the display period is extended to 30 minutes after such meeting is officially adjourned.
C. The maximum aggregate size of all signs held by a single person shall be six square feet. For purposes of this rule only, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area.
864
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
179
D. The maximum size of any one sign that is personally attended by two or more persons is 24 square feet, measured on one side only.
E. The sign must have no more than two display faces and may not be inflatable or air-activated.
F. To serve the City's interests in traffic flow and safety, persons displaying signs shall not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance of at least five feet in width for pedestrians to pass by, unless the sidewalk in question is less than five feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Persons holding signs may not block the view or line of sight within a "visibility triangle." "Visibility triangle" shall be defined as the area within the vertices of three points, measured from the corner of any vehicular intersection to two points located on the curbline 45 feet from said corner.
G. The message substitution policy of the Sign Ordinance applies only to the traditional public forum areas.
17.34.050 Certain Governmental Signs
The following signs may be erected and displayed on City property, subject to the rules set herein:
A. Traffic control and traffic directional signs erected by the City, including temporary traffic and traffic direction signs.
B. Official notices required or authorized by law.
C. Signs placed by the City in furtherance of its governmental functions, including commercial signs authorized by City, i.e. the City streetlight banner program.
D. Civic Event Signs. Civic and/or City-sponsored events signs on City property that express the City's own message.
E. Signs placed by the City on City property that express the City's own message, such as community directional signs. Such signs do not require a permit.
F. Signs placed by another governmental entity with the City's prior written permission.
17.34.060 Community Directional Signs
The City may locate community directional signs at its discretion on City property to allow persons to be directed to areas within the City, as follows:
A. The maximum number of signs shall be as approved by the City Manager to lead persons to identified areas, locations, or subdivisions within the City. 865
City of Rocklin
180
B. Signs shall be no larger than 60 inches by 12 inches, and shall be grouped on a single-, double-, or four-sided sign kiosk. Such structure shall contain no more than seven separate identifications and a City identification top piece.
C. Signs shall be located at various locations throughout the City along major transportation corridors, as approved by the City Manager. Each such approved sign may state the name of the public facility, subdivision, or community area; provide information to the public as determined by the City; and include a directional arrow.
D. The placement of each sign structure and its copy shall be reviewed and approved of by the Director prior to installation.
E. A plan shall be prepared showing the site of each sign and shall be submitted to and approved by the Director to the acceptance of a sign permit application, if requested by a private party.
F. Any sign approved for a particular community area or subdivision within the City shall not be changed to another community area or subdivision without prior approval of the Director.
G. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. No other directional signing may be used such as posters, portable signs, vehicle signs, trailer signs, or temporary subdivision signs.
H. All signs not conforming to this Chapter shall be deemed a public nuisance and subject to removal from City property pursuant to Section 17.34.090, Immediate Removal of Signs on City Property, below.
17.34.070 Encroachments
When authorized by Chapter 17.33, Signs on Private Property, private party signs mounted on private property may project into City property or the public right-of-way only with an encroachment permit processed for all applicable and required City approvals prior to such projection and/or encroachment.
Sign encroachment permits must satisfy all requirements of the Sign Ordinance, as well as all requirements applicable to encroachments generally, and all applicable safety codes (building, plumbing, electrical, etc.)
17.34.080 Commercial Speech and Activities
Commercial speech by sign, as well as all commercial activity, is prohibited on all City property and the public right-of-way. This provision does not apply to the City or its designees on City-owned property. 866
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
181
17.34.090 Immediate Removal of Signs on City Property
A. Removal. Any lettering, advertisement, card, poster, sign, or notice of any kind placed on City property or on any curb, sidewalk, post, pole, lamp post, hydrant, bridge, tree, or other surface located on City property in violation of the provisions of this Chapter, or any sign that constitutes an immediate peril to persons or property, may be removed without prior notice by any officer or employee of the City designated to do so by the City Manager. For the purposes of this Subsection, City property shall have the meaning as defined in this Chapter. The cost of removal and of any damage to City property resulting from the placement or removal of a sign under this Subsection shall be charged to the person who placed the sign or caused the sign to be placed. In any action, hearing, or other proceeding for violation of any of the provisions of this Section, proof that the sign or other matter contains the name of or otherwise identifies a person, firm, or corporation, or a particular committee or organization, shall constitute prima facie evidence that such person, firm, or corporation, or chairperson, president, or other head of the committee or organization, posted, or caused to be posted, the sign or other matter.
B. Charge for Cost of Removal. The City may recover the cost of removing signs as authorized by this Section. When the City has incurred any expense in removing the sign or other matter, or in repairing City property damaged because of the posting or removal of the sign or other matter, any such expense incurred shall constitute a debt owed to the City. The Director shall send a bill to the persons responsible for posting or causing to be posted the sign or other matter for the actual or estimated cost of removal. The Director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost, both direct and indirect, involved in the removal of the sign or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing as provided by the appeal provisions of the Sign Ordinance, and other relevant information. The bill shall also specify a date by which the bill is to be paid, shall be not less than 15 business days after the bill is mailed.
C. Post Removal Hearing Regarding Signs Summarily Removed. The owner or person in charge of any lettering, advertisement, card, poster, sign, or notice of any kind placed on City property, or constituting an immediate peril to persons or property, that has been removed by an officer or employee of the City without prior notice to the owner or person in charge pursuant to this Chapter, is entitled to a hearing to be conducted by the Director. The request for hearing shall be made in writing to the Director no later than 15 business days from the date the Director mails the billing statement specified in Subsection B, Charge for Cost of Removal, or within 30 calendar days of the date of the removal, whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign, notice, or other matter was located on 867
City of Rocklin
182
City property in violation of the provisions of this Chapter, or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for the hearing, the Director shall set a hearing, which shall be held within 45 days from the date of receipt of the request. The Director shall provide written notification of the hearing to the applicant. The notification shall include the date, time, and place of the hearing. Following the hearing, the Director shall, within ten business days after the date of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which shall not be less than 30 calendar days after the date of the hearing. Any person who fails to pay the amount billed to such person within the period specified therein shall also be liable for expenses incurred by the City in collecting the debt, including the cost of paying City employees or other persons engaged in debt collection.
D. Decision. The decision of the Hearing Officer operating under this Section shall be final. The decision of the Hearing Officer shall be made in writing, stating the reasons for the decision reached.
E. Return of Materials. Any sign removed by the City, except any sign of de minimus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and 30 days to reclaim such sign. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the City after removal.
No opportunity to reclaim such sign shall be given by the City. For purposes of this Section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value.
Any sign that was removed under this Section may be returned to the owner only upon payment to the City of the costs of removal, as specified in this Chapter. If no timely request is made for a hearing, or if no demand is made for the return of the materials removed within the time permitted for requesting a hearing, the Director o is authorized to destroy or dispose of the removed material with no further notice.
17.34.100 Definitions
Definitions from Chapter 17.33, Signs on Private Property, are incorporated herein, unless modified by the following definitions, which apply specifically to this Chapter.
A. City Property. Land or other property in which the City of Rocklin holds a present right of possession and control, City road easements, and all public rights-of-way, regardless of ownership.
B. Community Directional Sign. A multi-sided sign structure with a unified design theme accommodating individual directional sign panels; also referenced as a "kiosk." 868
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
183
C. Traditional Public Forum. City-owned parks, the surfaces of City-owned streets, and, subject to the limitations set forth herein, sidewalks forming the City's vehicular and pedestrian circulation system. Sidewalks and associated rights-of-way located along the outside perimeter of the City Hall Complex are included within this definition. Specifically excluded from this definition, and in no way to be construed as a traditional public forum, is the interior of the City Hall Complex. As of the effective date of this Chapter, the City Hall Complex consists of four buildings (City Hall, Historic City Hall, Police Department, and Fire Department), internal roads and sidewalks, parking lots, a parking structure, adjacent recreation areas (inclusive of Memorial Park located east of the Historic City Hall), and pedestrian grounds.
869
City of Rocklin
184
17.35.010 Purpose
The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
17.35.020 Applicability
Each land use and activity covered by this Chapter shall comply with the requirements of the Section applicable to the specific use or activity.
A. These standards are in addition to any applicable standard this Code required in the zoning district where the use or activity is proposed, all other applicable provisions of this Code, and any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, if applicable.
B. The uses that are subject to the standards in this Chapter shall be located only where allowed by zoning district, specific plan, and planned development use regulations.
C. The uses that are subject to the standards in this Chapter are allowed only when authorized by the planning permit required by zoning district, specific plan, or planned development regulations, such as a Conditional Use Permit, except where this Chapter establishes a different planning permit requirement for a specific use.
17.35.030 Accessory Uses
Accessory uses and activities that are clearly secondary to and customarily associated with a principal use on the site may be allowed in conjunction with the principal use to which it relates provided it does not result in an intensity of use that exceeds the intensity customarily associated with the primary use.
Accessory uses and activities shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this Chapter.
A. Additional Limitations, IL and IG Districts. In the IL and IG Districts, retail, eating and drinking, and entertainment accessory uses are limited to a maximum of 500 square feet, unless additional square footage is approved with a Minor Use Permit, and shall not attract or generate excessive auto or foot traffic in excess of that which is customary for the primary use. 870
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
185
17.35.040 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Applications and Processing.
1. Applications for junior accessory dwelling units or accessory dwelling units shall be processed within sixty (60) calendar days of receipt of a complete application and approved if they meet the requirements of this Chapter. Incomplete applications will be returned within fifteen (15) business days of receiving the incomplete application with a single written explanation of what additional information is required to submit a complete application.
2. For applications using a pre-approved accessory dwelling unit plan, the City shall process the application within thirty (30) calendar days of receipt of a complete application.
Incomplete applications will be returned with an explanation of what additional information is required.
3. Notwithstanding subdivision A. above, if a completed application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within sixty (60) calendar days thereafter and approved if it meets the requirements of this Chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the City approves occupancy of the primary dwelling.
4. The City shall grant a delay in processing if requested by the applicant.
5. All applications for junior accessory dwelling units or accessory dwelling units shall be accompanied by an application fee.
6. All junior accessory dwelling units and accessory dwelling units are also subject to building inspection and permit fees.
B. Locations Allowed.
1. Accessory dwelling units and junior accessory dwelling units shall be a permitted use in all zones where residences are a permitted or conditional use.
2. Junior accessory dwelling units may be developed on any legally created lot and shall be located within the walls of the existing or proposed primary dwelling.
3. Accessory dwelling units may be located in any of the following places on a legally created lot:
a. Attached to an existing or proposed primary dwelling; 871
City of Rocklin
186
b. Located within the walls of the existing or proposed dwelling; c. Located within an existing accessory structure;
d. Detached from the existing dwelling, but located on the same lot as the existing or proposed primary dwelling; or
e. In existing multifamily dwelling structures within the portions of the structure that are not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this code for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. Up to twenty-five percent (25%) of the existing multifamily units in the building may be allowed as additional ADU’s, provided that at a minimum at least one ADU unit is permitted.
f. Up to eight (8) detached accessory dwelling units on a lot with an existing multifamily dwelling structure, provided that the number of existing units on the lot are maintained, the height does not exceed eighteen feet (18’-0”), and that four-foot (4’-0”) side and rear yard setbacks are maintained.
4. One (1) accessory dwelling unit may be allowed per residential lot containing an existing or proposed single-family residence. An accessory dwelling unit may be allowed in conjunction with a junior accessory dwelling unit when the requirements of Section
17.35.040.D, Development Standards, are met.
5. No more than two (2) total dwelling units, inclusive of any combination of primary dwelling units, accessory dwelling units, and junior accessory dwelling units shall be permitted on any single lot created through a subdivision pursuant to Government Code Section 66411.7 (SB 9, 2021). The maximum number of dwelling units on the original single-family parcel shall be four (4) units.
C. General Requirements; Ownership; Rental.
1. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements. However, fire sprinklers shall not be required in a junior accessory dwelling unit or accessory dwelling unit if they are not required for the primary dwelling unit.
2. Except the requirements related to fire sprinklers as set forth in Government Code Section 66323, all development standards contained in the underlying zoning district shall apply to junior accessory dwelling units and accessory dwelling units unless they are 872
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
187
inconsistent with the provisions of this Chapter, in which case the development standards of this Chapter shall apply.
3. Junior Accessory Dwelling Units.
a. Junior accessory dwelling units shall not be sold separately from the primary residence.
b. Junior accessory dwelling units may be rented independently of the primary unit. c. Junior accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.
d. Either the junior accessory dwelling unit or the primary dwelling unit must be owner occupied, except if a junior accessory unit contains independent sanitation facilities, pursuant to Government Code Section 66333.
e. Unless the property is owned by a governmental agency, land trust, or housing organization, one (1) of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.
f. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:
i. A prohibition on the sale of the junior accessory dwelling unit, separate from the sale of the single-family residence;
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than thirty (30) consecutive calendar days; and
iv. A requirement that either the primary residence or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. g. A copy of the recorded covenant shall be filed with the community development department prior to issuance of a building permit.
4. Accessory Dwelling Units.
873
City of Rocklin
188
a. Accessory dwelling units shall not be sold separately from the primary residence, except as otherwise allowed by California law.
b. Accessory dwelling units may be rented independently of the primary unit. c. Accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.
d. No owner-occupied requirement shall be imposed for any accessory dwelling.
D. Development Standards.
1. Junior Accessory Dwelling Units.
a. A junior accessory dwelling unit shall not exceed five hundred square feet in interior livable space in size, shall be contained entirely within the walls of a single-family residence, and shall contain at least an efficiency kitchen which includes a cooking appliance such as a stove, range or cooktop (microwaves and ovens cannot replace the stove), a sink with hot and cold water, a refrigerator of adequate size, and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. b. No junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. c. A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the primary residence. d. A junior accessory dwelling unit entrance shall not face the same public street as the front door of the primary dwelling unit, unless compliance with this standard is physically precluded by site constraints as documented in the application plans. e. Any expansion beyond the existing physical structure of the primary residence is limited to one hundred fifty square feet and shall be solely to accommodate ingress and egress, pursuant to Government Code Section 66323(a)(1)(A). f. The primary dwelling unit side and rear setbacks may be reduced to no less than four feet to accommodate an exterior stair and landing that provide required access to the junior accessory dwelling unit if it is located on the second story. g. A junior accessory dwelling unit shall be architecturally consistent with the primary dwelling unit by meeting the following objective standards:
874
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
189
i. The roof pitch of the junior accessory dwelling unit shall be within plus or minus two degrees (2º) of the same roof pitch of the primary dwelling unit; and
ii. The roof material shall be the same material type as the primary dwelling unit (e.g., composition shingle, concrete tile, standing seam metal); and iii. The primary exterior cladding material shall be the same type as the primary dwelling (e.g., stucco, wood lap, brick veneer), or of a greater material quality as verified by the building official.
h. Any balcony, deck or open stair landing of a junior accessory dwelling unit that faces the rear or side property line (excluding a street side property line) must meet one of the following objective standards:
i. Setback: The elevated outdoor area must be setback ten feet (10’-0”) or more from the side and rear property lines; or
ii. Screening: If the elevated outdoor area is setback less than ten feet (10’- 0”) from the side and rear property lines, it shall incorporate a permanent opaque visual screen at least six feet (6’-0”) in height, measured from the surface of the floor. The screen must be continuous along the entire edge facing the property line. A maximum of ten (10) square feet of the elevated area needed solely for ingress/egress is exempt from this screening requirement.
i. Junior accessory dwelling units shall not be required to provide for any additional parking or make up for any parking displaced by their construction, including conversion of all or part of an existing garage.
2. Accessory Dwelling Units.
a. Accessory dwelling units shall be exempt from lot coverage limitations to the minimum extent necessary to allow the construction of a detached or attached accessory dwelling unit, provided that the accessory dwelling unit complies with all other objective development standards, including height, setbacks, building code, and fire safety requirements.
b. Maximum Height:
i. Detached accessory dwelling units: The maximum height shall be sixteen feet (16’-0”) measured from natural grade.
ii. Detached accessory dwelling units located within one-half (1/2) mile of a major transit stop or high-quality transit corridor: The maximum height 875
City of Rocklin
190
shall be eighteen feet (18’-0”) measured from natural grade, and shall be permitted an additional two feet (2’-0”) of height when necessary to accommodate a roof pitch that matches the primary dwelling, consistent with Government Code Section 66321(b)(4)(B).
iii. Detached accessory dwelling units on a lot that has an existing or proposed multistory multifamily dwelling: The maximum height shall be eighteen feet (18’-0”) measured from natural grade.
iv. Attached accessory dwelling units: The maximum height shall be twentyfive feet (25’-0”) or the height of the primary dwelling, whichever is lower, measured from natural grade.
c. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. d. An accessory dwelling unit shall have a separate entrance from the primary dwelling unit. Where the lot has more than one street frontage, the accessory dwelling unit entrance shall not face the same public street frontage as the primary dwelling unit. For lots with a single street frontage, the accessory dwelling unit may face the street only if the site plan demonstrates that access from the side or rear of the lot is physically precluded by one or more of the following objective conditions:
i. A lack of a minimum four-foot (4’-0”) clear path of travel at grade along the side or rear of the primary dwelling unit; or
ii. A running slope along the required path of travel greater than fifteen percent (15%); or
iii. A documented conflict with a legally recorded utility or access easement that prohibits such use.
e. An accessory dwelling unit shall contain a kitchen which includes a cooking appliance such as a stove, range or cooktop (microwaves and ovens cannot replace the stove), a sink with hot and cold water, a refrigerator of adequate size, and a food preparation counter and storage cabinets that are of reasonable size in relation to the accessory dwelling unit.
f. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.:
i. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory 876
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
191
dwelling unit constructed in the same location and built to the same dimensions as an existing structure.
ii. For all accessory dwelling units, a setback of four-feet (4’-0”) is required from the rear and side property lines.
iii. An accessory dwelling unit may be located within the front setback if either of the following applies:
(1) It is physically or legally impossible to construct the accessory dwelling unit elsewhere on the lot without violating side or rear yard setbacks, height limits, building or fire-safety code requirements, or utility access requirements, and clear evidence of such impossibility is documented in the application file; or (2) The accessory dwelling unit is located on a legal flag lot. For purposes of this subsection, the front yard of the flag lot shall be treated as a side yard for determining the required setback applicable to the accessory dwelling unit.
g. The maximum interior livable space for any attached or detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
The maximum floor area for an attached accessory dwelling unit shall not exceed fifty percent (50%) of the existing primary dwelling; however, in all cases the city shall permit a minimum of 850 square feet and shall permit up to 1,000 square feet where an ADU provides more than one bedroom, consistent with Government Code Section 66321(b)(2).
h. An accessory dwelling unit, shall be architecturally consistent with the primary dwelling unit by meeting the following objective standards:
i. The roof pitch of the accessory dwelling unit shall be within plus or minus two degrees (2º) of the same roof pitch of the primary dwelling unit; and ii. The roof material shall be the same material type as the primary dwelling unit (e.g., composition shingle, concrete tile, standing seam metal); and iii. The primary exterior cladding material shall be the same type as the primary dwelling (e.g., stucco, wood lap, brick veneer), or of a greater material quality as verified by the building official.
iv. The window trim, sill height, and proportions shall be consistent with the primary dwelling; and
877
City of Rocklin
192
v. The building eave depth shall be within plus or minus twelve inches (12”) of the primary dwelling.
i. The City’s pre-approved ADUs plans are exempt from any objective design standards that conflict with the approved design.
j. No balcony, deck or open stair landing of an accessory dwelling unit that faces the rear or side property line nearest the accessory dwelling unit shall be permitted, except as needed to allow ingress and egress. k. Parking for an accessory dwelling unit shall be as follows:
i. Except as provided in subsection ii., accessory dwelling units shall provide one (1) parking space per accessory dwelling unit. Accessory dwelling unit parking requirements are in addition to the parking required for the primary residence as provided in Chapter 17.31, Off-Street Parking.
Parking spaces may be provided as tandem parking on a driveway or in setback areas unless the Community Development Director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or other conditions that would pose a risk to health and safety. No parking may extend into a public sidewalk or public right-of-way.
ii. No parking may be required for an accessory dwelling unit if any of the following apply:
(1) The accessory dwelling unit is contained within an existing primary residence or accessory structure or proposed primary residence.
(2) The accessory dwelling unit is located within one-half mile walking distance of public transit. For purposes of this section, "public transit" means a bus stop or train station where public transportation runs on fixed routes and charges set fares. (3) The accessory dwelling unit is located within an architecturally and historically significant district.
(4) Where on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.
(5) When a designated parking area for one or more car-share vehicles is located within one block of the accessory dwelling unit. iii. When a garage, carport, covered parking structure, or uncovered offstreet parking space is demolished or converted in conjunction with the 878
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
193
construction of an accessory dwelling unit, the parking spaces need not be replaced.
E. Utilities and Impact Fees.
1. No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.
2. Except as provided in subsection 3., an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the second unit.
3. The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:
a. Junior accessory dwelling units.
b. Standard accessory dwelling units converted from interior space under Section
17.35.040.D.2, Accessory Dwelling Units, unless the unit is constructed within a new single-family home.
4. All utility extensions shall be placed underground.
5. Impact Fees.
a. No impact fees may be imposed on (1) a junior accessory dwelling unit that has five hundred (500) square feet or less of interior livable space or (2) an accessory dwelling unit that has seven hundred fifty (750) square feet or less of interior livable space. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.
b. For accessory dwelling units that have a floor area of more than seven hundred fifty (750) square feet, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
F. Delay of Enforcement of Building Standards.
1. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes 879
City of Rocklin
194
of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.
2. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the director shall consult with the fire marshal. No delay may be granted for violations involving structural integrity, fire hazards, or other life-safety conditions.
3. No applications pursuant to this section shall be approved on or after January 1, 2030.
However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.
4. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.
5. This Section shall remain in effect until January 1, 2035, and as of that date is repealed.
17.35.050 Adult-Related Businesses
A. Purpose. The City Council finds that adult entertainment businesses, because of their very nature, have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area.
B. Location of Adult Related Businesses.
1. Adult related businesses are permitted in any zone except for residential, public or quasipublic zones, and provided that the business complies with all other locational regulations of this section. No adult related business shall be located, established nor operated:
a. Within 1,000 feet of any area zoned or used for residential purposes whether in the City, in an adjoining city or unincorporated area.
b. Within 1,000 feet of any site used for assembly purposes by a religious organization.
880
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
195
c. Within 1,000 feet of any public or private school site (developed or designated).
For the purposes of this Subsection, "designated" means a parcel that is General Plan designated, zoned, or that has been conditionally permitted to conduct such use.
d. Within 1,000 feet of any other existing adult related business. e. Within 1,000 feet of any public park, or recreational area, or property zoned, planned or otherwise designated for such use by the City, including but not limited to park, playground, nature trails, swimming pool, athletic field or facility, or other similar public land within the City which is under the control, operation, or management of the City.
f. Within1,000 feet of any privately owned recreational facility that occupies a building that is 50,000 square feet or larger.
g. Distances required by these Subsections shall be measured from parcel line to parcel line.
2. In addition to the locational restrictions set forth in Subsection B, Location of Adult Related Businesses above, no part of the premises of an adult related business, including building, parking lot, landscaping, or signage shall be located and operated:
a. Within 1,000 feet of the right of way line of State Route 65; or b. Within 500 feet of the right of way line of Granite Drive or on any parcel that has its primary access off of Granite Drive.
3. Adult related businesses shall not be located in any temporary or portable structures.
C. Waiver of Location Provisions.
1. Any property owner or his authorized agent may apply for a waiver of any location provisions as set forth in Section 17.35.050.B, Location of Adult Related Businesses. The Council, after receipt of the Planning Commission's recommendation and a hearing, may waive any locational provision, if the following findings are made:
a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; b. That the proposed use will not enlarge or encourage the development of a skidrow area or area of intense blight;
c. That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;
881
City of Rocklin
196
d. That all applicable regulations of this Code will be observed.
2. The procedure for this hearing shall be the same as that provided for in Chapter 17.44, Use Permits, for the issuance of Conditional Use Permits, including the same notice requirement, and the same fees payable by the applicant.
D. Development and Operational Standards. In addition to the development standards in the underlying zoning district and in addition to other provisions of this Code, the following development and operational standards apply to adult related businesses.
1. Signs. Signs, advertisements, displays, or other promotional materials showing "specific sexual activities" or men or women in a state of nudity or partial nudity or displaying specified anatomical areas shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.
2. Noise. No loudspeakers or sound equipment shall be used by an adult related business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult related business is conducted.
3. Exterior Lighting. All exterior areas, including off-street parking areas and premise entries, of the adult related business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such a manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties.
Inoperable and/or broken lights shall be replaced within 72 hours.
4. Trash and Trash Enclosures.
a. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.
b. At least four times a day, the front and rear exteriors of any adult related business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.
5. Posting Age Restrictions. The building entrance to the adult related business shall be clearly and legibly posted with a notice indicating that persons under the age of 18 are precluded from entering the premises.
882
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
197
6. Manager Stations. All indoor areas of the adult related business providing "live adult entertainment" within which patrons are permitted, except restrooms, shall be open to view within a direct line of sight at all times by the management from a designated manager station. Manager stations shall not exceed 32 square feet in area. Manager stations may include video monitoring of the adult related business, but all areas of the business must be visible by a direct line of sight as described in this Subsection.
7. Individual Viewing Areas.
a. "Individual viewing area" shall mean a viewing room in which visual displays of "specified anatomical areas" and "specified sexual activities" are regularly shown and which is less than 100 square feet in area.
b. No individual viewing area shall be occupied by more than one individual at a time.
c. Each individual viewing area within the adult related business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any individual viewing area must be visible from the main aisle without the assistance of mirrors or any other device.
d. No doors are permitted on an individual viewing area. No partially or fully enclosed individual viewing areas or partially or fully concealed individual viewing area shall be maintained.
e. No holes or other opening shall be permitted between individual viewing areas.
Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
f. No beds, futons, or sofas shall be permitted in individual viewing area.
E. Service of Alcoholic Beverages. Adult related businesses located in IL (Industrial Light) and IH (Industrial Heavy) zones are prohibited from serving or offering alcoholic beverages for sale.
F. Violations. It shall be unlawful to establish or operate an adult related business in violation of this Section. It shall be unlawful for any owner, manager, patron or employee to violate any provision 883
City of Rocklin
198
of this Section. Any person who violates any provision of this Section shall be guilty of a misdemeanor and punishable as follows:
1. Any violation of this Section shall be punishable as a misdemeanor, which upon conviction shall be punishable by a fine not to exceed 1,000 dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.
2. Any person who violates any provision of this Section shall be guilty of a separate offense for each and every day that any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
3. Notwithstanding anything to the contrary, for the purposes of this Section, an act by an employee shall be imputed to the adult related business for purposes of finding a violation of this Section only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly, or through negligent supervision of the employee, allowed such act to occur on the premises.
4. Nothing in this Section shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration and/or abatement of a public nuisance.
G. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Section and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this Section and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.
17.35.060 Large Animal Keeping
A. Applicability. The keeping of large animals (excluding common household pets governed by Sections 6.44.050 and 6.44.060 of the Rocklin Municipal Code, which are not regulated by this Section) is permitted, subject to the provisions of this Section.
1. Domestic swine are permitted as household pets as provided in Title 6 of the Rocklin Municipal Code.
2. Notwithstanding the foregoing, goats and sheep are allowed in any zone of the City for the purpose of temporary grazing, provided, however, a grazing permit has been issued pursuant to Section 6.36.050 of the Rocklin Municipal Code and the animals are kept 884
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
199
consistent with the City's weed abatement and open space management grazing program.
B. Allowances.
1. Greenbrae Island Annexation Area (GA) Overlay Zone. In the Greenbrae Island Annexation Area (GA) Overlay Zone, large animals may be kept pursuant to Chapter 17.15, Greenbrae Island Annexation Area (GA) Overlay Zone.
2. Residentially Zones Parcels Greater than Five Acres in Size. Large quadrupeds, including horses, are permitted on residentially zoned parcels that are five acres or larger in size in the following numbers:
a. Five mature animals and their immature offspring (not to exceed 15 animals in total).
i. Additional animals may be kept, in a number to be determined by the Planning Commission, as an accessory use to a primary residential use pursuant to Conditional Use Permit approval.
3. RE-1 Zone South of Sunset Boulevard. In areas zoned RE-1 and located south of Sunset Boulevard, horses may be kept as an accessory use to a primary residential use on a lot a minimum 30,000 square feet in size in accordance with the following. Horses, but no other large quadrupeds, are allowed.
a. Number. A maximum of one horse may be kept where the lot is less than one acre net. A maximum of two horses may be kept on a lot one acre net or greater in size.
i. Additional Horses. Additional horses may be kept as an accessory use to a primary residential use on lots in excess of one acre net pursuant to Conditional Use Permit approval.
17.35.070 Kennels
A. Application Submittal. Applications for a Conditional Use Permit for a Kennel shall include the items specified in Section 17.42.020, Application Forms and Fees, and shall also include, but not be limited to the following:
1. Design plans for any exterior modifications related to the outdoor dog enclosure, such as walls, fencing, lighting, hardscape, and plantings;
2. A written statement of compatibility, including all relevant details of the proposed use, such as abutting business operations (if located in a multi-tenant building or adjacent to 885
City of Rocklin
200
other surrounding uses), type of use, operating hours, number of employees, parking, traffic impacts, and other pertinent information; and
3. When proposed within an existing multi-tenant building, the applicant shall provide a floor plan of their entire tenant space, as well as all adjacent tenant space; and
4. If any component of the kennel is proposed to be outdoors, a noise study (prepared by a qualified noise professional) is required to demonstrate compliance with the noise standards of the General Plan Noise Element and Noise Standards Ordinance.
5. In addition to the standard noticing requirements, any kennel application that includes an outdoor enclosure shall require an early notice to be mailed to surrounding properties.
The early notice constitutes the final administrative action prior to the City’s determination that an application submittal is complete. The notice shall be provided to all property owners of record and to mailing addresses within 300 feet of the subject property, advising that an application has been received, providing a summary of the application, and the location where project documents can be reviewed. This notice shall be mailed no fewer than thirty (30) days prior to the date of the Planning Commission hearing.
B. All kennels shall comply with the following criteria:
1. The kennel use facility, premises, and surrounding area shall be regularly cleaned and maintenance shall be conducted in accordance with applicable health and sanitation standards.
2. All animals housed in the facility shall be cared for in accordance with Chapter 11 (Pet Boarding Facilities) of the California Health and Safety Code (Sections 122380-122388).
3. The building or tenant space in which the kennel is located shall be improved and maintained such that animals housed there do not cause regular annoyance and disturbance to persons in the surrounding area, including but not limited to noise, odor, waste disposal, etc. A medical-grade filtration system shall be installed to prevent the spread of noxious odors.
4. The kennel use shall be conducted entirely within a building with no outside activities or storage, except:
a. When a noise study is submitted and approved with the project application demonstrating compliance with applicable noise regulations; b. When the hours for any outdoor kennel operations are restricted to between the hours of 8:00 AM to 8:00 PM;
886
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
201
c. When located more than 200 feet from the boundary of any residentially zoned parcel;
d. When located on parcels that directly abut a State Highway, Interstate Highway, or Arterial Road, as designated in the General Plan Circulation Element, and the noise from the roadway facilities is the predominant noise source at the kennel location; and
e. When a sign is installed and maintained at the edge of the public right-of-way that clearly displays the name and telephone number of a designated business representative responsible for addressing noise or odor complaints.
5. The operations of the kennel shall comply with all applicable regulations and requirements of county and state agencies. All health and safety permits shall be posted in a public location
17.35.080 Drive Through Facilities
Drive-through facilities shall be located, developed, and operated in compliance with the following standards:
A. Location. Speaker boxes shall be located a minimum of 300 feet from any Residential Zone or use, unless a noise study is submitted demonstrating compliance with applicable noise standards.
B. Circulation Plan and Queue Analysis. A pedestrian and vehicular circulation plan shall be submitted for approval by the review authority. The plan and analysis shall include an analysis of trip generation characteristics of the proposed operation, queuing analysis, turning radius analysis, demonstrate that drive-through operations will not inhibit access to parking and loading or impede traffic flow on any public right-of-way, and detail how the standards of this Section will be complied with. The plan shall also demonstrate how loading and deliveries will be accommodated on- site.
C. Hours of Operation. Drive-through facilities located within 200 feet of a residentially zoned parcel shall not operate between the hours of 10:00 p.m. and 6:00 a.m. This limitation applies only to the drive-through facility and does not restrict the operating hours of the associated business.
D. Circulation and Queuing Requirements. Drive-through, pedestrian, and vehicular circulation shall be designed to provide for pedestrian safety and allow safe, unimpeded movement of vehicles at street access points and within the travel aisles.
1. Vehicles shall circulate to and through the drive-through facility in a manner that will not impede traffic flow on any public right-of-way.
887
City of Rocklin
202
2. Each entrance to and exit from an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings. Crisscrossing of vehicles entering and exiting is not allowed.
3. Vehicle queuing shall be accommodated on site and shall not interfere with public rightsof-way, pedestrian and ADA pathways, or with on- or off-site parking and circulation, including access to parking stalls.
4. Interior pedestrian walkways must not intersect vehicle aisles, unless no alternative exists. In such cases, pedestrian walkways must have clear visibility, emphasized by enhanced paving or markings and comply with applicable Americans with Disabilities Act (ADA) requirements.
5. Aisles shall be designed or screened to prevent headlight glare onto any property or rightof-way.
17.35.090 Emergency Shelters
Emergency shelters shall be located, developed, and operated in compliance with the following standards.
A. Location. An emergency shelter shall not be established or operated at any location less than 300 feet from another emergency shelter.
B. Maximum Occupancy. The maximum occupancy of an emergency shelter shall not exceed sixty individuals.
C. Waiting and Intake Areas. Emergency residential shelters shall provide on-site waiting and intake areas that are screened from public view.
1. The intake and waiting area shall be suitably sized to prevent queuing in the public rightof-way or within any parking lot, but shall occupy a minimum area of 400 square feet.
D. Staffing. There shall be at least one staff member of the temporary resident shelter on-site at all times while temporary residents are present.
E. Lighting. Security lighting shall be provided to the satisfaction of the community development director.
F. Security. The applicant shall coordinate with the Rocklin Police Department to prepare a security plan for the facility, and shall provide the Rocklin Police Department with the name(s) and telephone number(s) of a responsible party(ies) to contact. The Rocklin Police Department may require the provision of onsite private security when the facility is occupied if deemed necessary by the chief of police.
888
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
203
G. Hours of Operation. Emergency residential shelters shall establish and maintain set hours for client intake/discharge. Said hours shall be posted at the entry to the facility.
H. Length of Stay. Each emergency shelter resident shall be allowed to stay for no more than 180 days (cumulative, not consecutive) in a 365-day period.
17.35.100 Employee Housing (for farmworkers)
A. Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single unit dwelling of the same type in the same zoning district.
B. Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
17.35.110 Home Business
Home businesses shall be located, developed, and operated in compliance with the following standards.
A. Purpose. The purpose of this Section is to allow the conduct of home businesses which are incidental to and compatible with surrounding residential uses, while also maintaining and protecting the residential character, appearance, and quality of life within Rocklin neighborhoods.
Limited home-based businesses may be permitted only when such activities are clearly incidental and subordinate to the primary residential use of the dwelling. All home-based business activities shall be conducted in a manner that does not create adverse impacts to the surrounding neighborhood, including but not limited to changes in residential appearance, increased noise, traffic, parking demand, commercial deliveries, or the regular presence of clients or employees.
Activities that introduce or resemble commercial operations within residential areas are inconsistent with the purpose of this Section. The provisions of this Section are intended to allow the conduct of home businesses which are incidental to and compatible with surrounding residential uses.
B. Applicability. This Section applies to home businesses in any residential unit in the City regardless of the zoning district, and establishes the conditions and standards under which such uses may be permitted. The provisions of this Section are intended to ensure that home-based businesses remain compatible with surrounding residential uses and do not adversely affect the public health, safety, or welfare. Nothing in this Section shall be construed to allow commercial 889
City of Rocklin
204
operations that alter the residential character of the property or the surrounding neighborhood.
This Section does not apply to family day care, which is regulated separately.
C. Operational Standards. Home businesses shall comply with the following operating standards:
1. Appearance of Residence. All home business activities shall be conducted completely within the dwelling unit or enclosed accessory structure. a. No more than 50 percent of the floor area of a garage may be used in the conduct of the home business, including storage. The vehicle door to the garage shall remain closed while the home occupation activity is being conducted.
2. Storage.
a. Outside storage is prohibited.
b. On-site storage of hazardous materials (including toxic, explosive, combustible or flammable) beyond that normally incidental to residential use is prohibited.
3. Advertising and Signage.
a. No signs are permitted either on or off the premises to identify the business or solicit customers, except a building mounted nonilluminated identification sign of two inches by ten inches in size or less.
b. No display of products and or equipment produced or used by the home business may be displayed so as to be visible from outside home.
4. Employees.
a. A maximum of one individual employed by the home business and not living in the residence is allowed to be present at the home business at any one time. b. Additional individuals may be employed by or associated with the home business, so long as they do not report to work at the home.
5. Client Visits.
a. A maximum of 12 clients or customers may visit the home business per day. b. Clients or customer visits at the home business shall only occur between 9:00 a.m. and 9:00 p.m.
c. There shall be no more than two clients or customers at the home business at any one time.
6. Vehicles, Parking and Traffic.
890
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
205
a. Commercial vehicles primarily associated with the business are not allowed, except when they are less than one ton capacity, less than ten feet in height, and of a size that would not overhang a sidewalk were it parked on a typical 20-foot driveway pad. No vehicles connected with a home business may park in such a way as to overhang a sidewalk or to create any traffic visibility safety hazard. All vehicle parking shall comply with Chapter 17.31, Off-Street Parking. b. There shall be no commercial vehicle deliveries from or to the home business premises beyond what is normally incidental to residential uses. c. No more than three vehicles can be parked at any one time at the residence in conjunction with the home business.
7. Nuisance Issues.
a. No activity which produces radio or TV interference, noise, glare, vibration or odor discernable beyond the site is allowed.
b. No use of utilities or community facilities, including the material and volume of trash disposal, beyond that normal to the use of the property for residential purposes is allowed.
c. Issuance of a Home Business Permit shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances or other laws governing the use of the premises and structures thereon, including, but not limited to, the Uniform Building Code, International Property Maintenance Code, the Uniform Fire Code or any private restrictions relative to the property.
D. Cottage Food Operations. A cottage food operation is allowed as a home business and an accessory use to any legally established residential unit subject to the following standards:
1. Registration. Cottage food operations shall be registered as “Class A” or “Class B” cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.
2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than $50,000 in gross annual sales in each calendar year.
3. Operator and Employee Allowed. Only the cottage food operator and members of the household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.
4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that 891
City of Rocklin
206
equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property.
Venting of kitchen equipment shall not be directed toward neighboring residential uses.
E. Prohibited Home Businesses. The following specific uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home businesses:
1. Adult-Related Businesses;
2. Ambulance or hearse service;
3. Ammunition sales, reloading;
4. Animal hospital or grooming facility;
5. Auto and other vehicle repair, including auto painting;
6. Bathhouse;
7. Commercial Lodging (other than short-term rentals)
8. Carpentry, cabinet making, woodworking, furniture repair, or similar operations determined by the Community Development Director to have the potential to create impacts to surrounding properties, except as follows:
a. The Community Development Director may administratively approve a smallscale operation when the Director determines it will not create significant noise, dust, odor, vibration, or other impacts on surrounding properties. For purposes of this section, a small-scale operation shall generally be limited to 500 square feet of operational area, include no outdoor fabrication or storage, and include no commercial/industrial-scale machinery. The Director may impose conditions regarding noise attenuation, hours of operation, equipment, outdoor activities, or other operational characteristics. The approval shall be specific to that home business at this location and shall not run with the land. Violation of any condition may result in revocation of the approval and termination of the use, at the discretion of the Community Development Director.
9. Funeral parlor or mortuary;
10. Gyms or fitness centers;
11. Laundry;
12. Massage therapy;
892
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
207
13. Medical, chiropractic (using X-rays or other equipment not normally found in a residence), or dental clinics or hospitals;
14. Physical therapy;
15. Repair or fix-it shops, including:
a. Repair or reconditioning or storage of boats and RV's, b. Repair or reconditioning or storage of major household appliances; c. Repair or reconditioning or storage of motorized vehicles or equipment on-site;
16. Restaurants or taverns;
17. Retail sales that involve on-site customer sales, display, or pickup. Retail sales conducted exclusively through shipment or delivery to the customer are permitted, provided the home occupation otherwise complies with the requirements of this Chapter;
18. Swim schools or swim lessons;
19. Upholstery shop;
20. Vehicle or equipment rental;
21. Veterinary services, including boarding; and
22. Welding.
F. Permit Required. No person shall conduct a home business without first obtaining a Home Business Permit and a valid business license certificate under Title 5 of this Code.
1. Application.
a. The Director may require information as is necessary to determine the location and type of such business, and the manner in which it will be conducted. b. The Home Business Permit is personal to the permittee named on the permit and for the business to be conducted at the location stated on the permit. The permit is not transferrable.
c. The applicant for a Home Business Permit must be the owner and occupant of the home, or, if a tenant occupying the home, must have the written authorization of the owner or owner's designee.
2. Action.
a. Issuance. If the Director determines that the home business can be conducted in compliance with the regulations of this Section, the Director shall issue the permit. Additional conditions may be attached thereto such as may be necessary 893
City of Rocklin
208
to ensure that such business will not become a nuisance or annoyance to the surrounding neighborhood.
b. Denial. If the Director determines the proposed business may be an annoyance or a detriment to the surrounding neighborhood, or that the business cannot be conducted in compliance with the regulations set forth in this Section, the permit may be denied.
3. Non-Transferrable Permit. Home Business Permits shall not be transferrable by the designated permittee to any other person.
4. Expiration.
a. Home Business Permits shall automatically expire two years after the date of issuance unless renewed.
b. Any Home Business Permit lawfully issued prior to the effective date of this ordinance shall remain valid for a period of two (2) years following the effective date of this ordinance. Thereafter, such permit shall expire unless renewed in accordance with the requirements of this Title.
c. Home Business Permits shall immediately expire upon discontinuance of the home business or expiration of the business license certificate.
G. Inspection. The Director may visit and inspect the site of a home business periodically to ensure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and upon giving reasonable notice.
H. Violation.
1. Based on one or more complaints, the Director shall investigate any home business to ascertain if the conduct thereof violates regulations set forth in this Section or the conditions of the permit. If the determination is made that a violation exists, the permittee shall be notified in writing in accordance with Rocklin Municipal Code Section
1.14.022, Notice of Violation and/or Stop Order, and given a reasonable opportunity to correct the alleged violation. If the permittee fails to comply with the written notice, the violation shall be presented to the Director for a determination. The Director shall issue a final determination notice, which shall be served in accordance with the provisions of Rocklin Municipal Code Section 1.14.029, Service of Notices. If the final determination is that a violation exists, the Director shall order that the home business cease. A continuation of the home occupation thereafter shall constitute a violation of this Title.
2. Nothing in this Section shall be read to permit the conduct of a home occupation in violation of the conditions of the permit or to limit the right of the City to bring any action 894
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
209
for a violation thereof, notwithstanding the acquiescence of surrounding neighbors to the manner in which the home business is conducted.
3. Any person issued a notice of violation or a final determination notice may contest the violation in accordance with Rocklin Municipal Code Title 1, Article III, Hearings, and Article IV, Judicial Review.
17.35.120 Mobile Home Parks
A. Purpose. This Section provides opportunity for a variety of mobile home park environments which are compatible with the surrounding area in which they are placed. Development of mobile home parks in accordance with adopted regulations will increase the options for affordable housing and allow design flexibility in response to different site conditions and potential markets.
B. Accessory Uses. Mobile home parks may, subject to the issuance of a Conditional Use Permit, contain the following accessory uses, in addition to permitted uses within the underlying zone:
1. Commercial uses which are for the convenience of residents of the park, such as coinoperated laundry rooms and recreational facilities;
2. Outside storage for boats, campers and other large vehicles for the convenience of residents of the park;
3. Office space for management and sale or rent of on-site mobile home units or spaces.
C. Mobile Home Park Area. Each mobile home park shall have a minimum area of not less than five acres.
D. Space Area. Each mobile home space shall be designed to be occupied by one mobile home, and uses accessory thereto. Space sizes shall be appropriate to anticipated sizes of mobile homes, required yard setbacks, outdoor living areas, and on-site parking, and shall meet the following minimum requirements:
1. Spaces designed for a single-width mobile home shall not be less than 2,400 square feet, and not have a space width less than 35 feet.
2. Spaces designed for double-width mobile homes shall not be less than 3,000 square feet, and not have a space width less than 45 feet.
E. Perimeter Yards. There shall be a landscaped yard setback for mobile home parks of not less than the required setbacks of the underlying zone, but in no case less than 20 feet adjoining each interior property line. Where the interior yard abuts the rear yard of adjoining residentially zoned properties, then the interior landscaped area shall not be less than the rear yard setback requirement of the adjoining property.
895
City of Rocklin
210
F. Landscaping. All minimum setback areas, open spaces and recreational areas shall be permanently landscaped and maintained with ground cover, trees and shrubs. Earth berming shall be encouraged.
G. Perimeter Fencing.
1. Perimeter fencing six feet in height shall be erected along boundary lines of the mobile home park, except that perimeter fencing abutting any public right-of-way shall be located behind the required landscaped yard area. All perimeter fencing shall be constructed of masonry or shall be constructed of wood with masonry pilasters, spaced a maximum of six feet apart.
2. Perimeter fencing may be waived when the Planning Commission finds that the natural terrain forms an acceptable barrier.
H. Separations Between Mobile Homes and Other Structures.
1. A yard of not less than five feet shall be provided between the boundary line of each space and any mobile home, travel or recreational trailer, or accessory structure.
2. Minimum setbacks from any internal roadway and mobile home or other structure shall be ten feet.
I. Outdoor Living Area. Private outdoor living and service areas shall be provided on each mobile home space for the privacy of the occupants. The minimum area shall not be less than 300 square feet, with a least dimension of 15 feet.
J. Interior Access Roadways. No mobile home, travel or recreational vehicle space shall have direct frontage on any public street. The private, interior roadways shall meet the following standards:
1. Private access roadways shall be of circular design where possible, and provide vehicular access at two or more points. Roadways with only one point of access shall not exceed 150 feet in length; however, such drives may exceed 150 feet in length if the design includes a turnaround arrangement or emergency access arrangement, to the satisfaction of the Fire Chief.
2. Private access roadways on which parking is prohibited shall be installed with a minimum full travel pavement width of 28 feet. Roadways on which parking is to be allowed on one side shall have a minimum width of 32 feet. Roadways on which parking is to be allowed on both sides shall have a minimum width of not less than 40 feet.
K. Storage Area. One or more common storage areas for the convenience of the residents of the park shall be provided in an amount equal to at least 100 square feet of storage area per mobile home space. This outside storage area shall be completely enclosed with security fencing and 896
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
211
adequately screened from exterior view. Such a storage area shall not be located within any street or perimeter yard setback.
17.35.130 Outdoor Dining and Seating
Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards.
A. Applicability. The standards of this Section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an encroachment permit.
B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot.
C. Review Required. Outdoor dining and seating consisting of a maximum of two outdoor tables with four chairs per table, is subject only to staff approval.
1. Staff may administratively approve additional tables and chairs on a case-by-case basis provided the standards of this Section are met and taking into consideration potential impacts such as location, noise, parking, outdoor alcohol consumption, lighting, hours of operation, accessibility, center performance, etc. In the event staff is unable to grant a request due to the potential impacts the applicant may apply for a Conditional Use Permit.
D. Enclosure Materials. If proposed or otherwise required, decorative fencing and/or container plantings shall be used to delineate outdoor seating areas to the satisfaction of the Community Development Director.
E. Furniture. Decorative and sturdy metal outdoor furniture which compliments the buildings and environment created for the area shall be used in all outdoor seating areas to the satisfaction of the Community Development Director. No plastic furniture shall be permitted.
F. Public Address System. Use of a public address system that can be heard outside of the building is prohibited.
G. Amplified Sound. Use of an amplified sound system to provide music for the outdoor seating area is permissible however such music is intended to be a muted background noise and should not be audible from a distance of 100-feet from the building.
H. Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.
897
City of Rocklin
212
I. Parking. Where an outdoor dining and seating area occupies less than 500 square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.31, Off-Street Parking, for any outdoor dining and seating area exceeding 500 square feet, unless a reduction is approved pursuant to Section 17.31.050, Parking Reductions.
J. Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.
17.35.140 Single Room Occupancy (SRO) Facilities
Single Room Occupancy (SRO) Facilities shall be shall be located, developed, and operated in compliance with the following standards.
A. Occupancy.
1. SRO rooms shall be occupied by no more than two persons.
2. SRO rooms shall be occupied as the primary residence of the tenant. Transient occupancy of SRO rooms shall not be allowed. For purposes of this Section "transient" shall be as defined in RMC Section 5.24.020.
B. Location. Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.
C. Unit Size. SRO rooms shall be a minimum of 150 square feet in area and a maximum of 400 square feet in area.
D. Facilities.
1. Kitchen. No kitchen facilities are required to be provided. Full or partial individual kitchen facilities may be provided for each room, or one common (shared) kitchen/dining area may be provided if the developer/operator so desires.
2. Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities shall be provided but may be provided within individual rooms, or may be shared.
3. Laundry Facilities. A common laundry area shall be provided at a rate of not less than one washer and one dryer for the first ten rooms, with one additional washer and one additional dryer provided for every five additional rooms or fraction thereof.
4. Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the Building Official.
E. Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application. 898
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
213
F. Storage for Residents. A private, secured storage space of not less than 50 cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.
17.35.150 Special Events
This Section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.
A. Applicability. The provisions of this Section apply to special events on private property. Special events on public property or in the public right-of-way require other permits from the City.
B. Special Events Not Requiring a Special Event Permit. The following types of special events may be conducted without a special event permit.
1. Yard/Garage Sales. Yard and garage sales in conformance with Chapter 5.30, Residential Garage Sales, of the Rocklin Municipal Code.
2. Non-Profit Fund Raising. Fund raising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in non-residential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.
3. Private Celebrations. Private celebrations such as birthday parties, graduation parties, and wedding receptions that are held in honor of a resident of the premises or a family member or acquaintance of a resident of the premises, open to invited guests and not the general public, and compensation for attendance is not made.
4. Small Special Events. Small special events that meet the following criteria:
a. Groundbreakings, ribbon-cuttings or grand openings 75 attendees or less at any one time.
b. The event will occur on a single day between 8:00am and 10:00pm and all related activities will occur entirely on site.
c. Parking will be accommodated on site or in permissible on-street public parking locations.
899
City of Rocklin
214
d. Designated handicap parking stalls will remain accessible. e. Amplified sound shall not be audible beyond property lines. f. No special or additional lighting will be required or utilized for the event. g. No more than one temporary “A-Frame” type sign can be used one-day in advance of the event, located at least three feet outside of the public right-ofway and removed after the event. h. All equipment and debris shall be removed no later than 5:00pm the following day.
i. Any damage sustained to the parking lot or landscape areas shall be repaired/replaced within 14 days of notice of the damage. j. No more than four pop-up tents (open on all sides) can be used, however additional shade structures, fencing, stages and/or outdoor cooking may be permissible with the approval of the Rocklin Fire Department. k. No fireworks, outdoor fires, and/or luminaries may be used. l. Alcohol sales or consumption may be permissible with approval of a one-day alcohol license from the California Department of Alcoholic Beverage Control and the Rocklin Police Department.
m. A fire extinguisher shall be made available and placed in a visible area. n. One or more properly licensed food trucks may be permissible with the approval of the Rocklin Fire Department and assuming they do not interfere with compliance of any of the other criteria noted herein.
o. The event sponsor will provide or ensure adequate staffing and security to manage the event.
p. Event information, including sponsor information, is provided the Planning Division a minimum of two business days prior to the event for record keeping purposes.
q. If the event includes elements that require approval by the Rocklin Fire or Police Departments they must be contacted a minimum of ten business days prior to the event.
C. Special Events Requiring a Special Event Permit. Other special events may be permitted pursuant to Chapter 17.45, Special Event Permits, as follows.
900
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
215
1. Administrative Review. An Administrative Review Special Event Permit is required for a special event whose impacts on surrounding properties and rights-of-way are minimal, as determined by the Director under Section 17.45.020, Classification of Special Events.
Special events subject to Administrative Review Special Event Permits include the following:
a. Christmas tree sales.
b. Pumpkin sales.
c. Arts or crafts exhibitions.
d. Private sidewalk/parking lot sales.
e. Temporary parking lots for community events on public or private property.
2. City Council Review. A City Council Review Special Event Permit is required for a special event whose impacts on surrounding properties and rights-of-way may be substantial, as determined by the Director under Section 17.45.020, Classification of Special Events.
Special events subject to City Council Review Special Event Permit include the following. a. Flea markets.
b. Athletic events.
c. Rodeos.
d. Carnivals.
e. Festivals.
f. Outdoor dances.
g. Fairs.
h. Circuses.
17.35.160 Supportive and Transitional Housing
A. Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B. Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by 901
City of Rocklin
216
right in all Zoning Districts where multi-family and mixed use residential development are permitted provided the development satisfies all of the following requirements:
1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code .
3. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population.
If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
b. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
7. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
902
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
217
a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility. c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
17.35.170 Telecommunication Facilities
A. Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:
1. Accessory facilities as follows:
a. Licensed amateur (ham) radio and citizen band operations. b. Hand-held, mobile, marine, and portable radio transmitters and/or receivers. c. Emergency services radio.
d. Radio and television mobile broadcast facilities.
e. Antennas and equipment cabinets or rooms completely located inside of permitted structures or behind, and completely screened by, parapets or other roof elements.
f. A single ground- or building-mounted receive-only radio or television antenna that complies with the height limitations and setback requirements of this Code, including any mast, or a receive-only radio or television satellite dish antenna. i. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
2. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation. 903
City of Rocklin
218
3. Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this Section and will have little or no change in the visual appearance of the facility.
4. Facilities located on City owned property.
B. Permit Requirements. At the sole discretion of the Director, technical information submitted as part of a project application may be referred to a technical professional retained by the City to provide independent peer review of information for consistency with the requirements of this Section. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring a technical professional to provide peer review.
1. Co-located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, negative declaration or mitigated negative declaration was adopted, or an exemption was issued for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in any applicable environmental impact report, negative declaration, or mitigated negative declaration.
2. Stealth Facilities.
a. Nonresidential Zones. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted in all nonresidential zones subject to Design Review and Minor Use Permit approval.
b. Residential Zones. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted in Residential Zones subject to Design Review and Conditional Use Permit approval.
3. Non-stealth Facilities. Permitted in nonresidential zones subject to Design Review and Conditional Use Permit approval.
C. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.
1. Location and Siting.
a. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the 904
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
219
facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the zoning district which they are to be located, or be setback a minimum of 10 feet from the property line, whichever results in the greater setback.
c. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this Section.
d. When determined to be feasible and consistent with the purposes and requirements of this Section, the Director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
2. Support Structures. Support structures for telecommunication facilities may be any of the following:
a. An existing non-residential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile. c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility.
The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function. d. Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.
905
City of Rocklin
220
e. A single pole (monopole) sunk into the ground and/or attached to a foundation.
Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.
f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.
3. Height Requirements. Telecommunications facilities may exceed the height limit of the base zoning district in which it is located by a maximum of 15 feet unless additional height is specifically allowed pursuant to Design Review and Conditional Use Permit approval.
4. Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roofmounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.
c. Minimum Functional Height. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location. d. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
e. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, 906
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
221
as approved by the City, and meet applicable noise standards. Any wall shall be architecturally compatible with the building or immediate surrounding area. f. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way. g. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
h. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base zoning district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Radio Frequency Standards and Interference.
a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit. b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
7. Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse for the duty of good faith.
a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, 907
City of Rocklin
222
competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
b. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible. c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit.
8. Fire Prevention. All telecommunication facilities shall be designed and operated consistent with requirements of the Fire Code.
9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility may be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D. Required Findings.
1. General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:
a. The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility;
b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location; 908
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
223
c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.
2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new groundmounted antenna, monopole, or lattice tower the decision-making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other environmental considerations;
b. Is not permitted by the property-owner;
c. Would impair the quality of service to the existing facility; or d. Would require existing facilities at the same location to go off-line for a significant period of time.
3. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision-making authority shall make one or more of the following findings:
a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or
b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
4. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or State law.
E. Vacation and Removal of Facilities. The service provider shall notify the Director of the intent to vacate a site at least 30 days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within 60 days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.
17.35.180 Tobacco Retailers and Smoking Lounges
Tobacco Retailers and Smoking Lounges shall be located, developed, and operated in compliance with the following standards.
A. Purpose.
909
City of Rocklin
224
1. The purpose of this Section is to discourage the use of tobacco products by children by limiting the potential adverse direct and secondary effects of a tobacco retailer operating in close proximity to schools.
B. Location. A smoking lounge or tobacco retailer is allowed as otherwise permitted in this Title provided that the smoking lounge or tobacco retailer complies with all other locational regulations of this Section.
1. No smoking lounge or tobacco retailer shall be located, established nor operated within 1,000 feet of any developed or designated public, private or charter school providing primary or secondary education, or within 1,000 feet of any preexisting smoking lounge or tobacco retailer.
2. For purposes of this Subsection, "designated" means a parcel that is General Plan designated, zoned, or that has been conditionally permitted to conduct such use.
3. The separation distances required by this Section shall be measured from parcel line to parcel line.
C. Ventilation. Any smoking room or smoking lounge shall provide ventilation and filtration in accordance with all requirements imposed by the Rocklin Building and Fire Safety Regulations, or as otherwise required by State or federal law, or as required to ensure the ventilated secondhand smoke is sufficiently neutralized at the property line of adjacent parcels so that a person of normal sensitivity would not detect the secondhand smoke.
910
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
225
17.41.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Code, including the City Council, Planning Commission, Architectural Review Committee, and Community Development Director.
17.41.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:
A. Consider and adopt, reject or modify proposed amendments to the General Plan and any associated environmental documents, following a public hearing and recommendation by the Planning Commission, pursuant to Chapter 17.50, General Plan Amendments.
B. Consider and adopt, reject or modify proposed Specific Plans and amendments to Specific Plans and any associated environmental documents, following a public hearing and recommendation by the Planning Commission, pursuant to Chapter 17.51, Specific Plans.
C. Consider and adopt, reject or modify proposed amendments to the Zoning Code and Zoning Map following a public hearing and recommendation by the Planning Commission, pursuant to Chapter
17.49, Zoning Code and Map Amendments.
D. Consider and adopt, reject, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 17.52, Development Agreements.
E. Approve, modify, or deny Conditional Use Permits for certain projects, pursuant to Chapter 17.44, Use Permits.
F. Approve, modify, or deny Design Reviews for certain projects, pursuant to Chapter 17.43, Design Review.
G. Approve, modify, or deny City Council Review Special Event Permits, pursuant to Chapter 17.45, Special Event Permits.
H. Hear and decide appeals from decisions of the Planning Commission pursuant to Section
17.42.140, Appeals.
911
City of Rocklin
226
I. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Code.
J. Annually review progress towards implementation of the General Plan based on any new legislation, development trends, or changing economic, social, and environmental conditions.
K. Make environmental determinations on any approvals within the City Council’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
17.41.030 Planning Commission
The powers and responsibilities of the Planning Commission include, but are not limited to the following:
A. Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.
B. Approve, modify, or deny Conditional Use Permits and Variances, pursuant to Chapter 17.44, Use Permits, and Chapter 17.48, Variances.
C. Approve, modify, or deny Design Reviews for certain projects and make recommendations to the City Council on Design Review for certain projects, pursuant to Chapter 17.43, Design Review.
D. Recommend design guidelines for multiple-family residential and nonresidential development consistent with this Code, the General Plan, and all other applicable rules, regulations, and policies enacted by the Council.
E. Recommend the creation of special districts or areas within the City for the purpose of maintaining and enhancing the character thereof, and recommending architectural standards to be applied therein.
F. Make recommendations to the City Council on proposed amendments to the General Plan and environmental documents related to any of the foregoing, pursuant to Chapter 17.50, General Plan Amendments.
G. Make recommendations to the City Council on proposed Specific Plans and Specific Plan amendments and environmental documents related to any of the foregoing, pursuant to Chapter
17.51, Specific Plans.
H. Make recommendations to the City Council on proposed amendments to the Zoning Code and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter
17.49, Zoning Code and Map Amendments.
912
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
227
I. Make recommendations to the City Council on development agreements, pursuant to Chapter
17.52, Development Agreements.
J. Hear and decide appeals from decisions of the Community Development Director, pursuant to Section 17.42.140, Appeals.
K. Hear and decide proposals to revoke approvals, pursuant to Section 17.42.130, Revocation.
L. Make environmental determinations on any approvals within the Planning Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law. Make recommendations to the City Council on any approvals within the City Council’s jurisdiction that area subject to environmental review under CEQA.
M. Evaluate and make a finding regarding conformity with the General Plan for any real property acquisition pursuant to Government Code Section 65402.
N. Such other powers and responsibilities as assigned or directed by the City Council.
17.41.040 Architectural Review Committee
The powers and responsibilities of the Architectural Review Committee include, but are not limited to the following:
A. Review and provide a recommendation to the applicable decision body for all projects subject to Design Review in an architectural district established by the City Council, pursuant to Chapter
17.43, Design Review.
17.41.050 Community Development Director
The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to the following:
A. Perform all of the functions designated by State law, including, but not limited to an annual report related to implementation of the General Plan in compliance with Government Code Section 65400.
B. Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.
C. Interpret the Zoning Code as needed for members of the public and other City Departments.
D. Prepare rules and procedures necessary for conducting the Director’s business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping).
913
City of Rocklin
228
E. Issue administrative regulations for the submission and review of applications subject to the requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.
F. Review applications for conformance with this Code.
G. Approve, modify, or deny Minor Use Permits, pursuant to Chapter 17.44, Use Permits.
H. Approve, modify, or deny Administrative Review Special Event Permits, pursuant to Chapter
17.45, Special Event Permits.
I. Approve, modify, or deny a Minor Deviation, pursuant to Chapter 17.46, Minor Deviations.
J. Approve, modify, or deny requests for Reasonable Accommodation, pursuant to Chapter 17.47, Reasonable Accommodation.
K. Conduct Design Review for certain projects, pursuant to Chapter 17.43, Design Review.
L. Approve, modify, or deny requests for Extensions for land use projects, pursuant to Section
17.42.110, Effective Dates; Expiration and Extension.
M. Decide requests for Minor Revisions to Approvals, pursuant to Section 17.42.120, Revisions to an Approval.
N. Refer items to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.
O. Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.
P. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Code.
Q. Investigate and report to the Planning Commission on violations when the City has initiated revocation procedures, pursuant to Section 17.42.130, Revocation.
R. Delegate administrative functions to members of the Planning Division.
S. Other duties and powers as may be assigned by the City Council or established by legislation.
17.41.060 Summary of Review Authorities for Decisions and Appeals Table 17.41.060, Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Code. Where a land use project requires more than one type of application, all requests shall be reviewed and decided on by the highest review authority established for any of the applications.
914
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
229
The Director may refer any item for which the Director makes a determination to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.
TABLE 17.41.060: SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Reference Advisory Body Review Body Appeal Body Interpretations 17.42.150 N/A Director Planning Commission* Minor Revision to Approvals 17.42.120 N/A Director Planning Commission* Major Revision to Approvals 17.42.120 N/A Review Authority of Original Permit
Appeal Body for Original
Permit
Revocation 17.42.130 N/A Review Authority of
Original Permit
Appeal Body for Original
Permit
Design Review 17.43 Architectural Review
Committee or Planning
Commission
Director, Planning
Commission, or City
Council
Planning Commission* or
City Council
Minor Use Permit 17.44 N/A Director Planning Commission* Conditional Use Permit 17.44 N/A Planning Commission City Council Administrative Review Special
Event Permit
17.45 N/A Director City Council
City Council Review Special
Event Permit
17.45 N/A City Council N/A
Minor Deviation 17.46 N/A Director Planning Commission* Variance 17.48 N/A Planning Commission City Council
Reasonable Accommodation 17.47 N/A Director Planning Commission* Zoning Amendment 17.49 Planning Commission City Council N/A General Plan Amendment 17.50 Planning Commission City Council N/A Specific Plans 17.51 Planning Commission City Council N/A Development Agreements 17.52 Planning Commission City Council N/A Planned Development 17.17 Planning Commission City Council N/A * Decisions of the Planning Commission may be appealed to the City Council 915
City of Rocklin
230
17.42.010 Purpose
This Chapter establishes uniform procedures for the preparation, filing, and processing of all land use approvals provided for in this Code, unless superseded by a specific requirement of this Code or State law.
17.42.020 Application Forms and Fees
A. Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof of the right to use and possess the property as applied for, signed authorization from all property owner(s), satisfactory to the Community Development Director, shall accompany the application.
B. Application Materials.
1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.
2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, reports, and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific confidentiality requirements, copies of such materials shall be made available at a reasonable cost.
C. Multiple Applications.
1. Concurrent Filing. An applicant for a project which requires more than one approval (e.g., Conditional Use Permit, Variance, and Design Review, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the Director.
2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority 916
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
231
designated for any one of the applications, unless this requirement is waived by the Director.
D. Application Fees.
1. Fee Schedule. The Council shall adopt by resolution a Fee Schedule that that establishes fees for applications, informational materials, penalties, copying, and other such items.
2. Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees have been paid.
3. Fee Waiver. No fee shall be required when the applicant is the City.
4. Refund of Fees. Application fees are non-refundable except as provided below, in another section of the Rocklin Municipal Code, or by policy of the Council. a. Concurrent with the withdrawal of an application, an applicant may request, in writing, a refund of the application fee. Upon receipt of a written request for a fee refund, the City Manager, or designee, shall determine how much time and other related costs have been incurred in processing the application and may authorize a refund of that amount of the fee, if any, that is not needed to cover these costs. In no event shall the City Manager, or designee, approve a refund in an amount in excess of 85 percent of the fee paid.
17.42.030 Pre-Application Review
Pre-application review is a review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This process does not apply to SB 330 preliminary applications.
A. Applicability.
1. Pre-application review is optional for any entitlement project.
B. Exemption from Permit Streamlining Act. Optional pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.42.050, Review of Applications.
C. Review Procedure. The Planning Division shall conduct pre-application review. The Director may consult with or request review by any City department, agency or official with interest in the application.
917
City of Rocklin
232
D. Recommendations are Advisory. 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 by City representatives. Any recommendations that result from preapplication review are considered advisory only and shall not be binding on either the applicant or the City.
17.42.040 Advisory Review
A. Purpose. The purpose of the Advisory Review process is to provide applicants, the public, and the City Council with an opportunity to discuss proposed legislative amendments at an early stage, prior to the preparation and processing of a formal application. Advisory Review is intended to identify potential issues, receive initial public input, and provide non-binding policy guidance before an applicant invests in detailed project plans, technical studies, and environmental documentation.
B. Exemption from Permit Streamlining Act. This optional review is not subject to the requirements of the California Permit Streamlining Act.
C. Applicability. An applicant may voluntarily request an Advisory Review for any proposed amendment to the General Plan, Zoning Map, or other legislative land use action. Participation in the Advisory Review process is optional and shall not be required prior to the submission or processing of a formal application.
D. Procedure.
1. Upon receipt of a complete Advisory Review application, the Planning Division shall schedule the item for consideration by the City Council at a duly noticed public meeting.
2. Public notice of the Advisory Review meeting shall be mailed to all property owners within 600 feet radius of the subject property. Newspaper publication is not required.
3. The conceptual proposal shall be presented to the City Council, after which the public shall have an opportunity to provide comments. The City Council may discuss the proposal and provide comments or preliminary policy direction regarding the concept.
E. Nature of Review.
1. The Advisory Review process is informational only. The City Council shall not approve, deny, conditionally approve, or otherwise take formal action on the proposal.
2. Any comments, recommendations, or policy direction provided by the City Council are advisory in nature and shall not constitute a binding decision or commitment by the City. 918
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
233
3. The applicant may modify the proposal in response to comments received or may elect to submit a formal application in its original form.
F. Effect on Future Applications. Participation in the Advisory Review process, including any comments provided by the public or the City Council, shall not affect the applicant's right to submit a formal application for the proposed legislative action. Comments received during the Advisory Review process shall not be construed as findings or conclusions of any future application. Any subsequent application shall be processed independently in accordance with the requirements of this title, including all applicable public hearings, environmental review, and findings required by law.
17.42.050 Review of Applications
A. Initial Completeness Review. The Director shall determine whether an application for a discretionary land use or development approval is complete within 30 days of the date the application is filed and required fee received.
1. Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications, forms, information, and any additional fees that are necessary to complete the application as well as a time limit by which the requested information must be submitted. The time limit established by the Director shall be at least 30 days.
a. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director. b. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.42.140, Appeals. Final determination on the appeal shall be made in accordance with the time frames established by State law. c. Expiration of Application. If an applicant fails to correct the specified deficiencies within 12 months of the date of the most recent incompleteness letter, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.42.070, Public Notice.
919
City of Rocklin
234
B. Referral of Application. At the discretion of the Director, or where otherwise required by this Code, State or Federal law, any application filed in compliance with this Code may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.
C. Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for completeness review of applications imposed by this Code or State law.
17.42.060 Environmental Review
All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.
17.42.070 Public Notice
Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice in compliance with State law and, at minimum, as follows.
A. Mailed Notice. At least 10 days before the date of the public hearing or the date of action when no public hearing is required, notice shall be provided by First Class mail delivery to the following:
1. The applicant and the owner of the subject property;
2. All property owners of record within a minimum 600-foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the Director to provide adequate public notification; a. A minimum of 40 parcels shall be notified. If this minimum standard is not met with a 600-foot noticing radius, the notification radius shall be increased in 50- foot increments until a list of at least 40 parcels is compiled.
3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;
4. Any person or group who has filed a written request for notice regarding the specific application; and
5. The school district and any other local agency or utility provider expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected. 920
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
235
6. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 days prior to the hearing or the date of action when no public hearing is required.
B. Newspaper Notice. At least 10 days before the date of the public hearing or the date of action when no public hearing is required, notice shall publish a notice in at least one newspaper of general circulation in the City.
C. Contents of Notice. The notice shall include the following information:
1. The location of the real property, if any, that is the subject of the application.
2. A general description of the proposed project or action.
3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required.
4. The identity of the hearing body or officer.
D. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
17.42.080 Conduct of Public Hearings
Whenever the provisions of this Code require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.
A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body.
Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.
B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
C. Presentation. An applicant or an applicant’s representative may make a presentation of a proposed project.
D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
921
City of Rocklin
236
E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
F. Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time, and place without providing further notice or may continue the item to an undetermined date and provide notice of the continued hearing.
G. Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.
H. Decision. The public hearing shall be closed before a vote is taken.
17.42.090 Findings and Decision
When deciding to approve, approve with conditions, modify, revoke or deny any discretionary approval under this Code, the review authority shall make written findings of fact as required by this Code and any applicable State or federal law.
A. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary approval following the close of the public hearing, or if no public hearing is required, within the time frames established by State law..
B. Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, the Director shall provide notice of the action to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions.
C. Findings. Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action. 922
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
237
17.42.100 Scope of Approval
A. Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. Conditions. The use and development of a site shall be consistent with all applicable conditions of approval imposed by the decision-making body. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
C. Periodic Review. All approvals may be subject to periodic review to determine compliance with the approval and applicable conditions. If a condition specifies that activities or uses allowed under the approval are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
17.42.110 Effective Dates; Expiration and Extension
A. Effective Dates. A decision shall be effective on the date of action except as provided below.
1. Decisions Subject to Appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 10-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the 11th day following the date of the action.
2. Amendments to the Zoning Code or Zoning Map. Amendments to the Zoning Code or Zoning Map shall take effect 30 days after the second reading of the ordinance, or as effective immediately pursuant to State Law.
B. Expiration. The review authority, in the granting of any approval, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified in the approval or any other part of this Code, any approval granted under this Code shall automatically expire when no project or use has been exercised or extended within five years after the date of the approval, except as provided below. 923
City of Rocklin
238
1. Permit Granted in Conjunction with Tentative Map. The time limits for any approval granted in conjunction with an approved tentative tract map shall be the same as the term of such tentative map.
2. Extensions. The approval authority identified in Table 17.41.060, Summary of Review Authorities for Decisions and Appeals, for the underlying entitlement type, may approve one or more time extensions upon receipt of a written application and the required fee at least 30 days prior to the approval’s expiration date. Timely submittal of an extension request shall automatically extend the approval for 60 days, or until the extension request is approved, conditionally approved, or denied, whichever occurs first. If extenuating circumstances warrant additional time to process the extension request, the Community Development Director may authorize a longer automatic extension period.
C. Exercise of Permit. An approval is exercised when:
1. Approval for a Use. An approval for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
2. Approval for Construction. An approval for the construction of a building, structure, or addition is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
D. Lapse. When an approval has been exercised, it shall remain valid and in force unless the use or structure authorized by the approval is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than six consecutive months, in which case the approval may be revoked in accordance with Section 17.42.130, Revocation. No use of land or structure, the approval for which has lapsed in compliance with this Section and has been revoked in compliance with Section 17.42.130, Revocation, shall be reactivated, re-established, or used unless a new approval is first obtained.
17.42.120 Revisions to an Approval
All development and use of land for which an approval has been issued shall be in compliance with the approved drawings and plans and any conditions of approval unless the approval is revised as provided for in this Section.
A. Minor Revisions/Substantial Compliance.
1. A Substantial Compliance Review may be used to approve modifications to an approved project when the Community Development Director determines that the proposed changes:
924
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
239
a. Remain substantially consistent with the findings and conditions of the original approval;
b. Do not result in a substantial increase in the intensity, scale, or density of the approved development;
c. Do not create new or substantially more severe environmental impacts than those evaluated as part of the original approval;
d. Do not substantially alter approved circulation patterns, access points, parking arrangements, or site functionality;
e. Do not substantially alter the architectural character, design intent, or visual appearance of the approved project;
f. Do not conflict with any condition of approval specifically intended to govern the aspect of the project proposed to be modified; and
g. Do not require the making of new discretionary findings that were not considered as part of the original approval.
2. The Community Development Director shall have authority to approve, conditionally approve, or deny a Substantial Compliance Review application. In determining whether a project remains substantially compliant with a prior approval, the Community Development Director may consider, among other relevant factors:
a. The extent to which the proposed modification is consistent with the overall intent of the original approval;
b. Whether the modification would be readily recognizable as part of the previously approved project;
c. Whether the modification maintains compatibility with surrounding development;
d. Whether the modification is consistent with the approved colors, materials, landscaping, and architectural design themes associated with the project; and e. Whether the modification would alter any findings relied upon by the original approval authority.
3. A Substantial Compliance Review shall not be used to authorize modifications that materially change the approved land use, substantially increase development intensity, significantly alter site circulation, substantially modify architectural character, or otherwise exceed the scope of the original approval.
925
City of Rocklin
240
4. Approval of a Substantial Compliance Review shall not constitute a new entitlement and shall not extend the expiration date of the underlying approval unless expressly provided as part of the approval. The approved modifications shall be deemed incorporated into and governed by the original entitlement and all applicable conditions of approval.
5. A decision of the Community Development Director regarding a Substantial Compliance Review may be appealed in accordance with Table 17.41.060: Summary of Review Authorities for Decisions and Appeals.
B. Major Revisions. A request for revisions to conditions of approval, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be reviewed and acted upon by the approval authority identified in Table 17.41.060, Summary of Review Authorities for Decisions and Appeals, for the underlying entitlement type, regardless of whether the original entitlement was approved by a higher review authority as part of a combined application package that included one or more legislative or discretionary approvals requiring review by that higher authority.
17.42.130 Revocation
Any approval granted under this Code may be revoked or revised for cause if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.
B. Public Notice, Hearings, and Action. The decision making body of the original approval shall hold a noticed public hearing to hear and consider all relevant evidence, including but not limited to applicable staff reports, objections or protests by the permittee with regard to the alleged violations of required conditions, and recommendations proposed by staff. After the conclusion of the duly-noticed public hearing, the decision making body of the original approval may revoke or modify the approval if it makes one or more of the findings listed in Subsection C, Required Findings, below.
C. Required Findings. The original decision-making body may revoke or modify the approval if it makes any of the following findings:
1. That the approval was obtained by fraud;
2. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;
926
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
241
3. That the use or activity for which such approval was granted has been suspended or dormant for longer than six consecutive months, excluding time during which the property owner can demonstrate:
a. The City had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; or b. A valid building permit directly related to said use or activity was in effect and was being diligently pursued; or
c. The property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to re-establish the use on the site. d. Other extenuating circumstances the property owner demonstrated to the satisfaction of the Community Development Director, prevented the property owner from operating or conducting said use or activity.
4. That the approval granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
5. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;
6. That the circumstances under which the approval was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or
7. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the approval, and the public health, safety and welfare merit modification of the approval.
D. Notice of Action. Following the decision maker’s action to revoke or modify an approval, the Director shall issue a Notice of Action within seven days. The Notice shall describe the decision maker’s action with its findings. The Director shall mail notice to the approval holder and to any person or entity who requested the revocation proceeding.
E. Appeals. Revocation decisions are subject to the appeal provisions of Section 17.42.140, Appeals. 927
City of Rocklin
242
17.42.140 Appeals
A. Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this Section.
1. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Division.
2. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.
B. Rights of Appeal.
1. Aggrieved Persons. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Code, provided that the appellant has participated in the administrative process prior to filing an appeal. A “person aggrieved by a decision” can include, but is not limited to, the applicant, the owner of property, a member of the public.
2. City Council. The City Council, upon majority vote, may direct the City Manager to file an appeal of an action by the Community Development Director or the Planning Commission, which appeal shall be processed in the same manner as an appeal by any other person.
Such appeal shall be exempt from fees.
C. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 calendar days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City Community Development Department is closed to the public, the appeal period shall end at the close of business on the next consecutive business day.
D. Procedures.
1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
928
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
243
E. Standards of Review. When reviewing any decision on appeal, the appeal body may review the entire proceedings relating to the act or decision being appealed and in the process of such review may rehear the matter de novo and make any order it deems appropriate. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
F. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 17.42, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
G. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.
17.42.150 Interpretations and Determinations
Requests for interpretations of this Code and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 17.42.140, Appeals.
929
City of Rocklin
244
17.43.010 Purpose
This Chapter establishes the Design Review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Design Review process are to:
A. To provide reasonable controls over the design of structures and the layout of sites, while recognizing the individualized nature of architecture;
B. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
C. Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and
D. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
17.43.020 Applicability
Unless exempted pursuant to State law, Design Review is required as specifically stated in any section of this Code, and for projects that include the following.
A. All new construction of multifamily structures (two or more units), and non-residential structures, including permanent signs or sign relocation, and all site improvements (including but not limited to; walls/fencing, trash enclosures, landscaping, and other special features) that are associated with multifamily residential and non-residential projects.
B. All new construction of single-family residential units within subdivisions consisting of five or more residential lots, where the average lot area is less than 6,000 square feet.
C. All new construction of single-family residential units which are identified as requiring Design Review in entitlements approved by the Planning Commission and/or City Council.
D. Relocation of any multifamily residential or non-residential building or structure.
E. Permanent stand-alone parking lots and parking structures.
F. Modifications to projects that have received design review approval (including single-family as applicable) or modifications to existing multifamily and non-residential development projects.
G. Exception for Qualified Housing Projects. Qualified housing projects, as defined below, which elect to utilize adopted objective design standards through a ministerial building permit process 930
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
245
in lieu of the City's discretionary Design Review permit process is subject only to ministerial review by City staff; said objective design standards and accompanying standard conditions of approval shall be adopted by resolution of the City Council.
1. Qualified housing projects: A qualified affordable housing project is defined as either: i) a residential multi-unit (three or more units) mixed use housing project that provides for a minimum of 20 percent of the units as affordable for low, very low, or extremely low income households; complies with the City's objective design standards; and agrees to enter into an affordable housing agreement prior to issuance of building permits; or ii) a residential project consistent with Government Code Section 65913.4, as it now exists or may hereafter be amended.
17.43.030 Architectural Review Committee—Created—Members A. There is created a five-member Architectural Review Committee which has Design Review authority as provided by this Chapter.
B. Members of the Architectural Review Committee shall be appointed by the City Council upon the recommendation of the Mayor, and shall consist of two members of the Planning Commission, two members of the City Council, and the City Manager or designee.
17.43.040 Review Authority
A. Advisory Bodies.
1. Architectural Review Committee. The Architectural Review Committee is the advisory body for all projects subject to Design Review in an architectural district established by the City Council.
2. Planning Commission. The Planning Commission is the advisory body for all projects that require Design Review approval by the City Council.
B. Decision Bodies.
1. City Council. The City Council shall have Design Review decision authority for the following projects:
a. Nonresidential buildings or groups of buildings on one parcel in any zone with gross square footage of 150,000 square feet or more;
b. Residential buildings with a height of greater than 30 feet, or with more than two stories;
931
City of Rocklin
246
c. Nonresidential buildings or structures with a height of greater than 40 feet, or with more than three stories;
d. All projects otherwise requiring City Council approval.
2. Planning Commission. The Planning Commission shall have Design Review decision authority for the following projects:
a. All projects otherwise requiring Planning Commission approval. b. Projects subject to Design Review but do not meet the criteria listed in Subsections B.1 or B.3 for a decision by the City Council or Community Development Director.
3. Community Development Director. The Community Development Director shall have Design Review decision authority for the following projects:
a. As identified in any section of this Code or as specifically identified in an entitlement approved by the Planning Commission and/or City Council as being subject to Design Review by the Director.
b. Small additions, accessory structures, and maintenance projects on nonresidential properties within architectural districts established by the City Council.
c. Repainting, reroofing, residing, and modifications to existing buildings and sites, signage, landscaping, walls, fencing, trash enclosures, and other special features where the colors, materials, and design deviate from what is existing and/or was formally approved by the City, but substantially complies with the approved paint color and materials, or a reasonable range of standards used in the community, unless specifically stated otherwise in the original design review approval.
Depending on the scope of magnitude of the modifications, the Community Development Director has discretion to refer such Design Review applications for determination by the Planning Commission or Architectural Review Committee, as applicable.
17.43.050 Procedures
A. Application. Applications and fees for Design Review shall be submitted in accordance with the provisions set forth in Section 17.42.020, Application Forms and Fees.
B. Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Design Review application shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance. 932
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
247
C. Advisory Body Review and Recommendation. Advisory body review and recommendation is required as follows:
1. Design Review Projects in Architectural Districts. The Architectural Review Committee shall review and provide a recommendation to the applicable decision body for all projects subject to Design Review in an architectural district established by the City Council. Consideration by the Architectural Review Committee does not require public notice or hearing.
2. Projects Subject to Design Review by the City Council. The Planning Commission shall review and, following a noticed public hearing, provide a recommendation to the City Council for all projects that require Design Review approval by the City Council.
D. Decision Body Action.
1. City Council. After receiving the recommendation from the Planning Commission, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed application.
2. Planning Commission. After receiving the recommendation from the applicable advisory body, if any, the Planning Commission shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. After the conclusion of the hearing, the Planning Commission may approve, modify, or deny the proposed application.
3. Community Development Director. After receiving the recommendation from the applicable advisory body, if any, the Community Development Director shall approve, modify, or deny the proposed application. No public notice or hearing is required.
17.43.060 Design Review Criteria
When conducting Design Review, the review authorities shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan, any applicable specific plan, any applicable design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. Any decision on a Design Review application shall be based on consideration of the following:
A. Relationship between the site design and the surrounding development, natural features and constraints;
B. Height, bulk and area;
C. Orientation of buildings and structures (with emphasis on energy consumption for heating, cooling, lighting);
933
City of Rocklin
248
D. Color scheme and materials;
E. Style, type and orientation of lighting;
F. Dimensions and placement of signs and graphics;
G. Landscaping (with emphasis on aesthetics, use of water and maintenance needs); H. Parking design, including ingress and egress patterns; and I. Other Design Review criteria, which may be adopted from time to time by resolution of the Council.
17.43.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Design review decisions are subject to the appeal provisions of Section 17.42.140, Appeals.
B. Expiration, Extensions and Revisions. Design review approval is effective and may only be extended or revised as provided for in Chapter 17.42, Common Procedures.
C. Revocation. Design review approval may be revoked pursuant to Section 17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. 934
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
249
17.44.010 Purpose
The Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.
17.44.020 Applicability
Approval of a Use Permit is required for uses or developments specifically identified in Division II, District Regulations, and/or any other section of this Code which requires a Use Permit.
17.44.030 Review Authority
A. Conditional Use Permits.
1. City Council. The Planning Commission shall act as the advisory body, and the City Council shall have review authority for Conditional Use Permits for the following projects. a. Establishment of enterprises involving large assemblies of people or automobiles on a permanent basis, including amusement parks, race tracks, and privately operated recreational facilities;
b. Hospitals and In-patient medical care facilities;
c. Airports and Heliports;
d. Cemeteries;
e. Waiver of locational provisions for adult entertainment businesses under Section
17.35.050, Adult Related Businesses; and
f. Any application for a Conditional Use Permit or Variance, which is filed and/or is to be heard contemporaneously with another application for a land use entitlement for which the Council is the final decision making body.
2. Planning Commission. The Planning Commission shall have review authority for projects that require Conditional Use Permit approval but do not meet the criteria listed in Subsection A for a decision by City Council.
B. Minor Use Permits. The Community Development Director shall act as the review authority for Minor Use Permits based on consideration of the requirements of this Chapter. The Director may 935
City of Rocklin
250
refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit.
17.44.040 Procedures
A. Application. Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 17.44.050, Required Findings.
B. Public Notice and Hearing.
1. Conditional Use Permits.
a. City Council as Review Authority. All applications for Conditional Use Permits where the City Council is the review authority shall first be referred to the Planning Commission for a recommendation.
i. Planning Commission Hearing and Recommendation. The Planning Commission shall conduct a noticed public hearing in accordance with Chapter 17.42, Common Procedures. At the close of the hearing, the Planning Commission shall render its decision in the form of a written report and recommendation to the City Council, which shall be transmitted by memorandum.
ii. City Council Hearing and Decision.
(1) Planning Commission Recommendation of Approval. If the Planning Commission has recommended approval or conditional of the Conditional Use Permit application, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. At the close of the hearing, the City Council shall take action to grant, grant with conditions, or deny the application.
(2) Planning Commission Recommendation of Denial. If the Planning Commission has recommended denial of the Conditional Use Permit application, the City Council is not required to take any further action unless an appeal is filed in accordance with Section
17.42.140, Appeals. Should the City Council choose to take action or if a timely appeal is filed, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. At the close of the hearing, the City Council shall take 936
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
251
action to grant, grant with conditions, or deny the application and/or appeal.
b. Planning Commission as Review Authority. All applications for Conditional Use Permits where the Planning Commission is the review authority require public notice and hearing before the Planning Commission pursuant to Chapter 17.42, Common Procedures.
2. Minor Use Permits. All applications for Minor Use Permits require public notice and hearing before the Community Development Director pursuant to Chapter 17.42, Common Procedures.
17.44.050 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Rocklin Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Code; E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and F. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.
17.44.060 Conditions of Approval
In approving a Use Permit, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;
937
City of Rocklin
252
C. Achieve the findings for a Use Permit listed in Section 17.44.050, Required Findings; or; D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
17.44.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Use Permit decisions are subject to the appeal provisions of Section 17.42.140, Appeals.
B. Expiration, Extensions and Revisions. Use Permit approval is effective and may only be extended or revised as provided for in Chapter 17.42, Common Procedures.
C. Revocation. Use Permit approval may be revoked pursuant to Section 17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. 938
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
253
17.45.010 Purpose
This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
17.45.020 Classification of Special Events
A. Upon receipt of a completed application for a Special Event Permit, the Community Development Director shall determine if the proposed use requires "Administrative Review" or "City Council review." The following criteria shall be considered by the Community Development Director for such a determination:
1. Parking (e.g., adequacy of number, location, circulation design, safety, etc.).
2. Frequency (e.g., possible conflicts with other activities within the community).
3. Nuisance issues (e.g., dust, noise, odor, etc.).
4. Circulation (e.g., assurance of pedestrian and vehicular circulation safety).
5. Public safety (e.g., assurance of providing and maintaining open fire lanes, providing onsite security personnel and on-site emergency care service).
6. Lighting (e.g., assurance of adequate on-site lighting and limiting off-site light and glare).
7. Attendance (e.g., number of attendees will affect public safety requirements, adequate number of restroom facilities, as well as many of the other listed criteria).
8. Clean-up (e.g., assure removal of temporary structures, equipment, debris, etc.).
9. Duration (e.g., assure appropriate hours of operation and length of the event).
10. Location (e.g., assure compatibility with surrounding land uses and adequacy of pedestrian and vehicular access).
11. Signage (e.g., assure size and location that does not obstruct required visibility at driveway locations).
12. Public notice (e.g., assure standard public noticing of the event where wider impacts to the community may be involved).
13. Other (e.g., criteria that may be unique to the proposed special event). 939
City of Rocklin
254
B. The Director shall notify the applicant of his/her determination within five working days of receiving a completed application.
17.45.030 Application
An application for a Special Event Permit shall be submitted at least 60 days before the use is intended to begin, pursuant to Section 17.42.020, Application Forms and Fees, unless an alternative timeline is agreed upon by the Community Development Director.
17.45.040 Procedures
A. Administrative Review. Upon determination that the application will be processed as Administrative Review, the Community Development Director shall review the application for its compliance with this Chapter. The Community Development Director shall have the authority to, and shall take action to grant, grant with conditions, or deny the application based on the information contained in the application and any information obtained from the staff review of the project. The Community Development Director shall render their decision in writing, setting forth the findings of fact supporting the decision, and shall serve the applicant with the written decision within ten days of the Director's determination. The decision is subject to a ten-day appeal period, and shall not become final until such time has expired.
1. The Planning Director may approve, conditionally approve, or deny a Special Event Permit without a public hearing. At least fourteen calendar days prior to the scheduled event date, notice of the proposed event shall be mailed to all property owners and occupants located within 600 feet of the boundaries of the event site. Notice shall include the date, time, location, and nature of the proposed event, together with contact information for the event organizer and the City.
2. The Planning Director shall consider any comments received prior to taking action on the permit application.
B. City Council Review. For special events determined by the to require City Council review, the City Council shall conduct a noticed public hearing in accordance with Chapter 17.42, Common Procedures. The notice shall include a description of the proposed use and its location, and the date, hour and place of the hearing.
17.45.050 Required Findings
The decision to grant a Special Event Permit shall be based on a finding by the decision-making body that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working 940
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
255
in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City.
17.45.060 Conditions of Approval
The decision-making body may condition the granting of a Special Event Permit, as necessary, to protect the public health and safety and to affect the purpose of this Title. Such conditions may include but are not limited to the following:
A. Regulation of the placement of the use or equipment associated with the special event; B. Regulation of the height of equipment associated with the special event; C. Regulation of the nature, hours of operation, or extent of the special event; D. Noise attenuation measures;
E. Expiration date;
F. Liability insurance;
G. Bonding;
H. Cleaning deposit.
17.45.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Any person aggrieved by an action of the Community Development Director may appeal the action directly to the City Council. All other provisions of Section 17.42.140, Appeals, shall govern the appeal of a Special Event Permit decision.
B. Expiration, Extensions and Revisions. Special Event Permit approval is effective and may only be extended or revised as provided for in Chapter 17.42, Common Procedures.
C. Revocation. Special Event Permit approval may be revoked pursuant to Section 17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
941
City of Rocklin
256
17.46.010 Purpose
The purpose of this Chapter is to establish a means of granting specific, limited relief from locational, developmental, and operational standards where doing so would be consistent with this Code and the General Plan.
17.46.020 Applicability
Minor Deviations may be granted as follows:
A. Dimensional Requirements. Relief from requirements of property development standards specified in this Code, not to exceed 10 percent of the requirement.
B. Specific Allowances. Minor Deviations may be granted as specifically identified in any other section of this Code, as identified in that section.
C. Exclusions. Minor Deviations shall not be granted for use related standards or residential density.
17.46.030 Review Authority
The Community Development Director shall act as the review authority for Minor Deviation applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to Subsection A, below.
A. Concurrent Processing. If a request for a Minor Deviation is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission or City Council action, it shall be heard and acted upon at the same time and in the same manner as that application.
17.46.040 Procedures
A. Application. An application for a Minor Deviation shall be filed to the Planning Division in accordance with Section 17.42.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested Minor Deviation.
B. Public Notice and Hearing. Minor Deviations do not require a public hearing or notice. 942
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
257
17.46.050 Required Findings
The review authority must make all of the following findings in order to approve a Minor Deviation application. The inability to make one or more of the findings is grounds for denial of an application.
A. The proposed deviation will be at least as effective in achieving the objectives of the base standard;
B. There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public;
C. The deviation is in keeping with the character of the surrounding built environment; and D. The granting of the requested deviation would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code.
17.46.060 Conditions of Approval
In approving a Minor Deviation, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Code or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a Minor Deviation granted; or D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
17.46.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Deviation decisions are subject to the appeal provisions of Section 17.42.140, Appeals.
B. Expiration, Extensions and Revisions. Minor Deviation approval is effective and may only be extended or revised as provided for in Chapter 17.42, Common Procedures. 943
City of Rocklin
258
C. Revocation. Minor Deviation approval may be revoked pursuant to Section 17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
944
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
259
17.47.010 Purpose
This Chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking access under the Americans with Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, procedures, and project entitlement exhibits or conditions of approval.
17.47.020 Applicability
A. A request for reasonable accommodation may be made by any property owner, duly authorized tenant or lessee who desires a waiver from a provision of this Title 17 or to implement improvements to a specific property for the purpose of providing relief when the application of a zoning law or other land use regulation, policy, practice, project entitlement exhibit or condition of approval acts as a barrier to reasonable access. This section is intended to apply to those persons who are defined as disabled under the Acts.
B. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices, and project entitlement exhibits or conditions of approval for the siting, development and use of structures and facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to access housing and places of business.
17.47.030 Application Requirements
A. Application. Requests for reasonable accommodation shall be submitted as a written request to the Community Development Director (alternative submission formats may be approved by the Community Development Director should a written application be unduly burdensome). All requests shall include the following information:
1. The applicant's name, address and telephone number;
2. The property owners name, address and telephone number;
3. The street address and assessor's parcel number of the property for which the request is being made, and, if relating to an accommodation for an accessory vehicle, as defined in Section 17.31.070, Off-Street Parking of Accessory Vehicles, the vehicle identification number, license plate, and any other identifying information regarding the accessory vehicle requesting to be used as part of the reasonable accommodation as requested by the Community Development Director;
4. The current actual use of the property;
945
City of Rocklin
260
5. The basis for the claim that an individual or group of individuals considered disabled under the Acts is being denied reasonable accommodation;
6. The zoning law, provision, regulation, policy, project entitlement exhibit feature or condition of approval from which reasonable accommodation is being requested;
7. Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals;
8. Photos, site plans, drawings, and/or other graphics as may be needed to make the proposed changes clear, and, if for an accessory vehicle, a description of the accessory vehicle, including its dimensions, purpose to support the reasonable accommodation, and other information regarding the accessory vehicle as requested by the community development director.
B. Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.
17.47.040 Review Authority and Procedure
A. Community Development Director. If no approval is sought other than a request for reasonable accommodation, then the request for reasonable accommodation shall be reviewed by the Community Development Director. The Director shall make a written determination within 15 working days and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 17.47.050, Findings and Decision.
B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable review authority shall make a written determination and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 17.47.050, Findings and Decision.
17.47.050 Findings and Decision
A. Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following:
1. Whether the property which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation 946
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
261
requested is necessary to make the specific property accessible to the individual or group of individuals with a disability under the Acts;
2. Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;
4. Whether the requested reasonable accommodation would be consistent with the General Plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;
5. Whether the requested reasonable accommodation substantially affects the physical attributes of the property.
B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection A, Findings, of this Section.
17.47.060 Appeals, Expiration, Extensions, and Revisions A. Appeals. Reasonable accommodation decisions may be appealed as provided for in Section
17.42.140, Appeals.
B. Expiration, Extensions, and Revisions. Reasonable accommodations may only be expired, extended or revised as provided for in Chapter 17.42, Common Procedures. In granting a Reasonable Accommodation, the Review Authority shall indicate whether a Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
C. Revocation. Reasonable accommodation approval may be revoked pursuant to Section
17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
947
City of Rocklin
262
17.48.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of this Code where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
17.48.020 Applicability
Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this Code does not authorize for a specific lot or site.
17.48.030 Review Authority
The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.
17.48.040 Procedures
A. Application. Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 17.42.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 17.48.050, Required Findings.
B. Public Notice and Hearing. All applications for Variances require public notice and hearing before the Planning Commission pursuant to Chapter 17.42, Common Procedures.
17.48.050 Required Findings
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings that do not apply generally to property in the vicinity and identical zone, for which the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and identical zone, and the granting of a Variance will 948
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
263
not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
D. The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and the General Plan.
17.48.060 Conditions of Approval
In approving a Variance, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Code or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a Variance granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
17.48.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Variance decisions are subject to the appeal provisions of Section 17.42.140, Appeals.
B. Expiration, Extensions and Revisions. Variance approval is effective and may only be extended or revised as provided for in Chapter 17.42, Common Procedures.
C. Revocation. Variance approval may be revoked pursuant to Section 17.42.130, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. 949
City of Rocklin
264
17.49.010 Purpose
This Chapter establishes procedures by which changes may be made to the text of this Zoning Code and to the Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.
17.49.020 Applicability
The procedures in this Chapter shall apply to all proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.
17.49.030 Review Authority
The Planning Commission shall act as the advisory body for all amendments to the Zoning Code and Zoning Map and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the Zoning Code and Zoning Map.
17.49.040 Initiation of Amendment
An amendment to the Zoning Code or Zoning Map may be initiated by any qualified applicant identified in Section 17.42.020, Application Forms and Fees, the Community Development Director, or by the City Council or Planning Commission.
17.49.050 Application Requirements
A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter
17.42, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the Zoning Code and Zoning Map may be processed concurrently with other applications.
17.49.060 Procedures
A. Public Hearing and Notice. All amendments to the Zoning Code and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one noticed public hearing on any proposed amendment.
B. Planning Commission Hearing and Recommendation.
950
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
265
1. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one noticed public hearing in accordance with Chapter 17.42, Common Procedures.
2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents.
a. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section 17.49.060.C, City Council Hearing and Action. b. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section 17.42.140, Appeals.
C. City Council Hearing and Action
1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. The notice for the hearing shall include a summary of the Planning Commission recommendation.
2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. An approved amendment shall be adopted by ordinance. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
17.49.070 General Plan Consistency Required for Zoning Amendments The Planning Commission shall not recommend and the City Council shall not approve a Zoning Amendment unless the proposed amendment is found to be consistent with the General Plan or concurrent General Plan amendment.
951
City of Rocklin
266
17.50.010 Purpose
This Chapter establishes procedures by which changes may be made to the General Plan to address changes in applicable law and problems and opportunities that were unanticipated at the time of General Plan adoption or the last amendment.
17.50.020 Applicability
The procedures in this Chapter shall apply to all proposals to change the text of the General Plan and the maps that illustrate the application of its provisions.
17.50.030 Review Authority
The Planning Commission shall act as the advisory body for all amendments to the General Plan and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan.
17.50.040 Initiation of Amendment
An amendment to the General Plan may be initiated by any qualified applicant identified in Section
17.42.020, Application Forms and Fees, the Community Development Director, or by the City Council or Planning Commission.
17.50.050 Maximum Number of General Plan Amendments
Except as otherwise provided by applicable law, no mandatory element of the General Plan can be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.
17.50.060 Application Requirements
A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter
17.42, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the General Plan may be processed concurrently with other applications. 952
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
267
17.50.070 Procedures
A. Public Hearing and Notice. All amendments to the General Plan shall be referred to the Planning Commission, which shall conduct at least one noticed public hearing on any proposed amendment.
B. Planning Commission Hearing and Recommendation.
1. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one noticed public hearing in accordance with Chapter 17.42, Common Procedures.
2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation. a. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section 17.50.070.C, City Council Hearing and Action. b. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section 17.42.140, Appeals.
C. City Council Hearing and Action
1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures. The notice for the hearing shall include a summary of the Planning Commission recommendation.
2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. An approved amendment shall be adopted by ordinance. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
953
City of Rocklin
268
17.51.010 Purpose
The purpose of this Chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq., or as that Section may be amended or replaced from time to time. The purpose of a specific plan is to systematically implement the General Plan in particularly designated areas.
17.51.020 Applicability
The procedures of this Chapter shall apply to all proposals for the adoption or amendment of a specific plan.
17.51.030 Review Authority
The Planning Commission shall act as the advisory body for all Specific Plans and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Specific Plans.
17.51.040 Initiation
A Specific Plan may be initiated by any qualified applicant identified in Section 17.42.020, Application Forms and Fees, the Community Development Director, or by the City Council or Planning Commission.
17.51.050 Application Requirements
A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter
17.42, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.
17.51.060 Specific Plan Contents
A specific plan shall include, but is not limited to, text and diagrams that specify all of the following in detail:
A. The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;
B. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other 954
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
269
essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;
C. Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, and parking;
D. Standards that address the conservation, development and utilization of natural resources, where applicable;
E. A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out subsections A, B and C listed above; F. A statement of relationship of the specific plan to the General Plan, including a statement of how the specific plan implements the goals and policies of the General Plan; and G. Any other subject that, in the judgment of the Director, Planning Commission or City Council, are necessary or desirable for implementation of the General Plan.
17.51.070 Review Procedures
A. Public Hearing and Notice. All specific plans shall be referred to the Planning Commission, which shall conduct at least one noticed public hearing on any proposed specific plan. In addition to the notice required pursuant to Section 17.42.070, Public Notice, notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed specific plan.
B. Planning Commission Hearing and Recommendation.
1. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 17.42.080, Conduct of Public Hearings.
2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed specific plan. A recommendation for approval shall be made by the affirmative vote of not less than three members of the Planning Commission. The Planning Commission’s recommendation shall be transmitted to the City Council
a. Approval. If the Planning Commission has recommended approval of the proposed specific plan, the City Council is required to take final action pursuant to Section 17.51.070.C, City Council Hearing and Action. 955
City of Rocklin
270
b. Denial. If the Planning Commission has recommended against the proposed specific plan, the City Council is not required to take any action unless an appeal is filed in accordance with Section 17.42.140, Appeals.
C. City Council Hearing and Action
1. City Council Hearing. After receiving recommendation of approval from the Planning Commission or if an appeal has been filed on a recommendation of denial, the City Council shall hold a noticed public hearing in accordance with Section 17.42.070, Public Notice, and Section 17.42.080, Conduct of Public Hearings. The notice for the hearing shall include the Planning Commission’s recommendation.
2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed specific plan. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the specific plan shall be returned to Council for adoption.
D. In connection with adoption of a specific plan, the Zoning Map shall be amended to apply the SP Overlay Zone to the area covered by such specific plan.
17.51.080 Required Findings
The Planning Commission shall not recommend and the City Council shall not adopt a specific plan or amendment thereto, unless the following findings are made:
A. The Specific Plan implements and is consistent with the General Plan.
B. The proposed development will be superior to development otherwise allowed under conventional zoning.
C. The proposed development will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
D. The Specific Plan complies with the California Environmental Quality Act (CEQA). 956
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
271
17.51.090 Method of Adoption
The specific plan shall be adopted by ordinance or by resolution, in compliance with State law (Government Code Section 65453) and shall become effective on the 31st day following the date the public decision is rendered by the Council.
17.51.100 Amendments of Approved Specific Plans
A specific plan may be amended in the same manner as it was adopted, except minor amendments as provided for below.
A. Minor Amendments. Minor amendments that are consistent with the original findings and do not substantively alter one or more of the approved specific plan components may be approved by the Director. The Director has discretion to require any request for an amendment to a specific plan be processed through the same procedure identified by this Chapter for the adoption of a specific plan.
957
City of Rocklin
272
17.52.010 Purpose
This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
17.52.020 Applicability
A development agreement may be considered for a complex or multi-phase development project that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. To be considered for a development agreement, a project shall be consistent with the General Plan and any applicable specific plan unless the applicant has submitted an application for any necessary amendments to the General Plan or specific plan.
17.52.030 Initiation
A development agreement may be initiated by:
A. An application of one or more qualified applicants. A qualified applicant is a person who has a legal or an equitable interest in the real property which is the subject of the development agreement. Such interest must be such that the applicant has or will have control of the use of the property during the proposed term of the agreement.
1. The Community Development Director may require an applicant to submit proof of interest in the real property and of the authority of the agent, if any, designated to act for the applicant. The Director may require an applicant or agent to submit a title report from a reputable title insurance company or other evidence to verify the legal or equitable interest of the applicant in the property.
B. By resolution of intention of the City Council.
C. By resolution of intention of the Planning Commission. 958
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
273
17.52.040 Authority and Duties
A. The Director shall negotiate the specific components and provisions of the development agreement on behalf of the City for Planning Commission review and recommendation to the City Council.
B. The City Council shall have the exclusive authority to approve a development agreement.
17.52.050 Procedure
An applicant for a development project may request that the City review the application as a development agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this Section, this Section shall control.
A. Application Requirements. An applicant shall submit an application for a development agreement on a form prescribed by the Director, accompanied by the required fees. The Director shall identify submittal requirements for applications for development agreements and may require an applicant to submit additional information and supporting data as considered necessary to process the application. In addition to any other information that the Director requires, each application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the contents required in Subsection B, below.
B. Contents of Development Agreements.
1. Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.
2. Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.
3. Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions, but does not eliminate the applicant’s responsibility to obtain all required land use approvals.
4. Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions, and mitigation measures proposed in any Final 959
City of Rocklin
274
Environmental Impact Report or other CEQA document applicable to the project that eliminate or mitigate adverse environmental impacts of the project.
5. Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
6. Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
7. Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
8. Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.
17.52.060 Planning Commission Review and Recommendation A. Planning Commission Hearing. The Planning Commission shall provide notice and conduct a public hearing in conformance with the provisions of Section 17.42.070, Public Notice, and Section
17.42.080, Conduct of Public Hearings.
B. Recommendation to City Council. Within 30 days after the public hearing has been closed by the Planning Commission, it shall render its decision in the form of a written recommendation to the City Council. Its report and recommendation, including proposed findings on the matters stated in Section 17.52.060.B, Findings, shall be forwarded to the City Council.
17.52.070 City Council Review and Decision
A. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a noticed public hearing in accordance with Chapter 17.42, Common Procedures.
B. Findings. The City Council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement. 960
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
275
C. Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council.
17.52.080 Execution and Recordation of Development Agreement Within 10 days after the ordinance approving the development agreement takes effect, the City Manager shall execute the development agreement on behalf of the City, and the City Clerk shall record the development agreement with the County Recorder.
17.52.090 Annual Review
The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the Director shall review each approved development agreement.
A. Finding of Compliance. If the Director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, no action is required.
B. Finding of Non-compliance. If the Director finds the applicant has not complied with the provisions of the development agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or modification pursuant to this Chapter.
C. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.
961
City of Rocklin
276
17.52.100 Amendment or Cancellation
A. Mutual Agreement. Any development agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section.
1. Director Approval. Any amendment to a development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvement or construction standards and specifications may be made by the Director without noticed public hearing. A development agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and Director.
2. City Council Approval. Except as provided in paragraph 17.52.100.A.1, Director Approval, the procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a development agreement, shall be the same as the procedure for entering into a development agreement in the first instance.
B. After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the development agreement to the City Council for termination or modification. The City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the City Council hearing to consider an amendment or cancellation. After the public hearing, the City Council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.
C. Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the City terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the City Clerk shall record notice of such action with the County Recorder.
D. Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.
962
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
277
17.52.110 Effect of Approved Agreement
A. Existing Rules and Regulations. Unless otherwise specified in the development agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable City ordinances or regulations pertaining to persons contracting with the City.
B. Future Rules and Regulations. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals.
C. State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law.
17.52.120 Enforcement
The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this Section and in Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.
963
City of Rocklin
278
17.53.010 Administration and Enforcement Responsibility This Code shall be administered by the Community Development Director and jointly enforced by the Community Development Director and Building Official.
17.53.020 Notice of Violation
A. If the Community Development Director finds that any provision of this title is being violated, they shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. The notice shall list the necessary changes to remedy the violation(s) of this Code and may require the removal of any structure or termination of any use in violation of this Code. The notice shall state the time period allowed for making the necessary changes.
B. If after receiving a notice of a violation the responsible party does not, in the opinion of the Community Development Director, make the necessary corrections within the time period allowed, the Community Development Director, may take one or more of the actions as provided in this Chapter and in Rocklin Municipal Code Chapter 1.08, Enforcement of the Rocklin Municipal Code and Other Applicable Laws.
17.53.030 Right of Entry
In the discharge of this duty, the Community Development Director, the Building Official and code enforcement personnel shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection in the following circumstances:
A. With the permission of the owner or occupant;
B. With the written order of a court of competent jurisdiction; or C. Where the occupant or owner has no reasonable expectation of privacy (e.g., an open lot or an abandoned building).
17.53.040 Permit in Conflict Void
Officers and employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Code. Any permit or license which would authorize the permittee or licensee to erect, alter or enlarge any building or structure or to use property in any manner in conflict with the provisions of this Code, intentionally or otherwise, is null and void. 964
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
279
17.53.050 Violation and Penalty
A. Any person, firm, or corporation violating any provision of this Code is subject to any and all applicable provisions of the Municipal Code, including, but not limited to, the provisions specified Chapter 1.08, Enforcement of the Rocklin Municipal Code and Other Applicable Laws.
B. Violations of the provisions of this Code or failure to comply with any of its requirements (including violations of any conditions established in connection with grants of approval) shall constitute a misdemeanor. Any person, firm or corporation whether as principal, agent, employee or otherwise who violates this Code or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than 500 dollars or imprisoned not more than six months in the council jail, or both. Each day such violation continues shall be considered a separate offense.
C. The owner or tenant of any building, structure, premises or parts thereof, or any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation of this Code may each be found guilty of a separate offense and suffer the penalties provided in this Chapter.
17.53.060 Nuisance and Abatement
Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Code and any use of land, buildings or premises conducted, operated or maintained contrary to the provisions of this Code or contrary to a permit or variance or the terms or conditions imposed in this Code is unlawful and a public nuisance, and the Community Development Director or Building Official may cause to be commenced action or proceedings for the abatement and removal and enjoinment thereof in a manner provided by law. 965
City of Rocklin
280
17.58.010 Residential Uses
Residential Dwelling Units. Dwelling units designed for occupancy by one household.
Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This subclassification includes individual manufactured housing units.
Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to more than one dwelling on abutting lots, such as townhomes.
Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot. Types of multi-unit dwellings can include duplexes, triplexes, multiple detached residential units, and apartment buildings.
Accessory Dwelling Unit.
Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An Accessory Dwelling Unit also includes an efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, and a manufactured home, as defined in Section 18007 of the California Health and Safety Code.
Junior Accessory Dwelling Unit (JADU). A residential unit that is no more than 500 square feet of interior livable space in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of a single-family residence or multi-family building, and may include separate sanitation facilities or may share sanitation facilities with the existing structure or unit.
Employee Housing. Has the same meaning as “employee housing” as set forth in Health & Safety Code §17008 for farmworkers.
966
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
281
Family Day Care. A day care facility licensed by the State of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).
Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (30 days or more) but excludes Hotels and Motels and Residential Care Facilities.
Mobile Home Park/Manufactured Housing Community. A development occupied by manufactured housing units, including facilities and amenities used in common by residents who rent, lease, or own spaces for manufactured housing units through a subdivision, cooperative, condominium, or other form of resident ownership.
Residential Care Facilities. A facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks.
Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes both for- and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing.
Small. A facility that is licensed by the State of California to provide care for six or fewer persons.
Large. A facility that is licensed by the State of California to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.
Single Room Occupancy Facility. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, and rented to one or twoperson households for a weekly or monthly period of time. This use classification includes extended stay hotels intended for long-term occupancy (more than 30 days) but excludes Hotels and Motels, and Residential Care Facilities.
967
City of Rocklin
282
Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community.
Transitional Housing. Housing that has a predetermined end point in time for resident occupancy and is operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length is usually no less than six months.
17.58.020 Public/Semi-Public Uses
Cemeteries and Columbariums. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens. Does not include crematoriums.
Colleges and Trade Schools. Institutions of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools.
This classification excludes Instructional Services such as music lessons.
Commercial Parking. Privately owned surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.
Community Assembly. A facility for public or private meetings and gatherings, including community centers, houses of worship, union halls, meeting halls, and membership organizations. This classification includes the use of functionally-related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage.
Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Convention Facility. A facility accommodating gatherings, assembly, entertainment, and related support facilities (e.g. kitchens, offices, etc.) for special events or occasions.
Cultural Institutions. A public or private institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that is open to the public on a regular basis. This classification includes libraries, and museums. This classification excludes schools or institutions of higher education providing curricula of a general nature (see Colleges and Trade Schools). 968
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
283
Day Care Centers. Establishments providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code.
Medical assistance, counseling, and meals may be provided.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, urgent care, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices).
Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the State of California to provide surgical and medical services.
Skilled Nursing Facility. A State-licensed facility or a distinct part of a hospital that provides continuous skilled nursing and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides 24-hour inpatient care and, at a minimum, includes physician, nursing, dietary, pharmaceutical services, and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities. 969
City of Rocklin
284
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, yoga, dancing, reading, sports, and math instruction.
Attendance is typically limited to hourly classes rather than full-day instruction. The establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.
Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.
Public Safety Facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training, and maintenance facilities.
Schools, Private. Facilities for primary or secondary education having curricula comparable to that required in the public schools of the State of California administered by an entity other than the applicable school district, including charter schools established under the authority of Government Code 47600 et seq.
Schools, Public. Facilities administered by the applicable school district for primary or secondary education.
Social Service Facilities. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
17.58.030 Commercial Uses
Adult Related Business. As defined in Section 17.35, Adult Related Businesses.
Animal Services. Services related to the boarding and care of household pets.
Animal Hospital. A facility for the care and treatment of animals, including associated veterinary offices. This classification allows 24-hour accommodation of animals receiving medical services and treatment, and includes veterinary and pet clinics. 970
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
285
Kennel. A commercial or non-commercial facility for the grooming, keeping, boarding or maintaining of four or more dogs, cats, and/or other animals commonly considered as household pets over the age of four months. A business that provides grooming services only with no boarding is classified as Personal Services. Pet stores are classified as Retail Sales.
Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, personal watercraft, recreational vehicles, trucks, vans, trailers, scooters, and motorcycles including the following:
Automotive Rental. Establishment providing for the rental of automobiles and small vehicles.
Typical uses include car, light truck, motorcycle, and scooter rental agencies.
Automotive Dealership. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, boats, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
Automobile/Vehicle Service and Repair, Light. The service and repair of automobiles, light-duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up shops, window tinting, wrapping, and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.
Automobile/Vehicle Repair, Heavy. Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles, automotive body and fender work, vehicle painting, or other operations that generate excessive noise, objectionable odors or hazardous materials, and incidental towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of boats, recreational vehicles, and large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities.
Service Stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services that do not include major overhauls or paint booths; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. These facilities may include 971
City of Rocklin
286
“mini-marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the provision of automotive services.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
Car Wash. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Banks and Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, check cashing businesses, and credit unions. May include drive-through facilities, where drive-through facilities are allowed.
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office equipment rental and leasing, office security, custodial services, photofinishing, model building, and delivery services with two or fewer fleet vehicles on-site.
Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the public. These classifications may include incidental restaurants, snack bars, and other related food and beverage services to patrons.
Cinema. A facility for the indoor display of films and motion pictures.
Indoor Performance Venue. An indoor facility for dramatic, musical, or other live performances.
Indoor Fitness. Establishments providing predominantly participant sports and fitness services conducted within an enclosed building. Typical uses include exercise and gym facilities, health clubs, indoor racquetball courts, athletic clubs, and physical fitness centers.
Indoor Recreation. Establishments providing predominantly participant recreation services conducted within an enclosed building, including bowling alleys and ice and roller skating rinks.
Indoor Entertainment. Establishments providing predominantly participant amusement and entertainment services conducted within an enclosed building, including electronic amusement centers, billiard parlors, axe throwing, aquariums, and pool halls.
Outdoor Entertainment. Predominantly spectator uses, conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, zoos, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.
Outdoor Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, sports complexes, miniature 972
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
287
golf courses, tennis clubs, outdoor batting cages, swimming pools, archery ranges, and riding stables.
Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. This classification includes banks and other financial services, fast food establishments, drugstores, and film deposit/pick-up establishments, but excludes drive-in theaters (see Commercial Entertainment and Recreation), service stations, or car-wash operations (see Automobile/Vehicle Sales and Services).
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
Bars/Nightclubs/Lounges. Businesses serving alcoholic beverages for consumption on the premises as a primary use, including on-sale service of alcohol including distilled spirits. This subclassification includes establishments where alcoholic beverages, including distilled spirits, are sold and consumed but are not operated and maintained as bona fide eating establishments and establishments where beverage production, brewing, or distilling is subordinate to the sale of alcoholic beverages.
Taverns and Wine Bars. Businesses serving beer and/or wine for consumption on the premises as a primary use. This subclassification includes establishments where beer and/or wine are sold and consumed but are not operated and maintained as bona fide eating establishments. It excludes establishments that serve distilled spirits (see Bars/Nightclubs/Lounges or Restaurant).
Restaurant. Establishments where food and beverages are served to patrons on-site or off-site, including full-service, limited-service, and take-out/delivery businesses. This subclassification includes cafes, coffee shops, delicatessens, fast-food businesses, and bakeries that have tables for on-site consumption of products, as well as establishments operated and maintained as a bona fide eating place that serve alcoholic beverages. It excludes catering services and commercial kitchens that do not sell food or beverages for on-site consumption.
Farmer’s Markets. Temporary but recurring outdoor retail sales of food, plants, crafts, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.
Food Preparation. Establishments preparing and/or packaging food primarily for off-site consumption, including catering kitchens, retail bakeries, and small-scale specialty food production. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation.
973
City of Rocklin
288
Funeral Parlor. An establishment primarily engaged in the preparation of the dead for burial or cremation and conducting memorial services. This subclassification excludes crematories (see Crematories) and cemeteries and burial parks (see Cemeteries and Columbariums).
Hotels. An establishment providing overnight lodging to transient patrons for payment periods of 30 consecutive calendar days or less. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, recreational vehicle parks, and tourist courts.
Market Garden. The primary use of a site for cultivation of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs for sale or donation of its produce to the public.
Offices. Offices providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices; recording studios; real estate and mortgage brokers; and banks and savings and loan offices without retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics, independent research laboratory facilities (see Research and Development), and hospitals.
Personal Services. An establishment providing services of personal convenience to individuals as a primary use. Personal services include barber and beauty shops, permanent makeup studios, day spas, nail salons, tanning salons, electrolysis, and other cosmetic and appearance care services; pet grooming, shoe and luggage repair, photographers, self-serve laundry and dry cleaning pick-up, copying, repair and fitting of clothes, tattoo parlors, piercing studios, fortune telling, massage establishments, and similar services.
Repair and Maintenance Services. Establishments engaged in the maintenance or repair of consumer products, including office machines, household appliances, electronics, furniture, and similar items. This classification excludes repair and maintenance of motor vehicles (see Automobile/Vehicle Sales and Services) and personal apparel (see Personal Services).
Retail Sales.
Building Materials Stores. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales, or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use.
This subclassification does not include Construction and Material Yards, hardware stores less than 10,000 square feet in floor area, or plant nurseries.
974
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
289
Food and Beverage Sales. Retail sales of food and beverages primarily for off-site preparation and/or consumption. This subclassification includes food markets, grocery stores, meat markets and butcher shops, and retail bakeries.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This subclassification includes retail establishments such as department stores, clothing stores, furniture stores, small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: household pets and pet supplies, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
Liquor Store. Retail sales of alcoholic beverages for off-site consumption as a primary use. This subclassification includes all establishments that either devotes 40 percent or more of floor area or display area to, or derives 75 percent or more of gross sales receipts from, the sale or exchange of alcohol.
Nurseries. Establishment(s) primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves.
Pawn Shop. A business establishment engaged in the buying and selling of new or secondhand merchandise and offering loans secured by merchandise.
Tobacco Retailer. Any person, retail establishment, or any other legal entity who sells, distributes, or delivers to any person(s), for any form of consideration, tobacco products, including electronic smoking devices and 1) tobacco products sales, distribution or delivery accounts for more than 50 percent of the business income, or 2) the business is advertised as a tobacco shop, smoke shop, or has a similar business identification relating to a tobacco retailer.
Smoking Lounge. A business which serves tobacco or non-tobacco products (e.g., fruit, vegetables) whereby patrons, who are 18 years of age or older, smoke the tobacco or non-tobacco products or share them from a hookah, water pipe, or similar device.
17.58.040 Industrial Uses
Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.
975
City of Rocklin
290
Contractor Shops. Establishments for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, heating, airconditioning, roofing, landscaping, cabinet-making, and sign-making.
Crematories. Establishments engaged in the cremation of bodies.
Custom Manufacturing. Any establishment primarily engaged in on-site production or fabrication of goods by small scale manufacturing or artistic endeavor, which involves the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sales for consumers. Typical uses include ceramic studios, fabric and needleworking, leather working, metalworking, glassworking, candle-making shops, woodworking, and custom jewelry manufacturers.
Donation Center/Station. A facility where materials and goods are donated, accepted for sale, or otherwise dropped off. Includes containers placed for the donation of materials and goods and facilities that sort and distribute goods and materials.
Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products and where any instruction, direct sales, or on-site consumption are incidental to the food or beverage production activity. This classification excludes the slaughtering of animals or fowl which is not allowed.
Small Scale. A small-scale food and beverage products manufacturing and distribution establishment located in facilities less than 15,000 square feet in size. Examples include coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, cheese makers, wholesale bakeries, and produce-on-premises operations which provide ingredients and equipment for customers to manufacture their own product.
Large Scale. Large-scale production, packaging, processing, preparation, or manufacturing of a food, beverage, or ingredient used or intended for use for consumption in a facility over 15,000 square feet.
Heavy Industrial. Establishments engaged in manufacturing of non-edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials.
Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
976
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
291
Light Industrial. Establishments engaged in manufacturing of non-edible products and finished parts primarily from previously-prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use, commercial laundries and dry-cleaning plants, monument works, printing and engraving, publishing, computer and electronic product manufacturing, furniture and related product manufacturing, and industrial services.
Research and Development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities, in addition to involving the production of experimental products.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
Storage, Warehousing, and Wholesaling. Storage, warehousing, and wholesaling facilities that store and/or engage in wholesale sales of merchandise to retail establishments; industrial, commercial, institutional, agricultural, or professional businesses; or facilities acting as agents or brokers in buying or selling merchandise/commodities to such businesses. Wholesalers are primarily engaged in business-tobusiness sales but may sell to individual consumers through mail or internet orders. These establishments have little or no display of merchandise and are not designed to solicit walk-in traffic except for public storage in small individual spaces exclusively and directly accessible to a specific tenant.
Indoor. Storage, warehousing, and wholesaling of goods and merchandise within an enclosed building.
Outdoor. Storage and warehousing of goods, including vehicles, in open lots.
Mini Storage. Facilities offering enclosed storage with individual access for personal effects, household goods, and business records or inventory, including mini-warehouses and personalstorage.
Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.
977
City of Rocklin
292
17.58.050 Transportation, Communication, and Utility Uses Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, related facilities, and support activities.
Distribution Facilities and Freight/Trucking Terminals. Property and improvements used for freight, courier, and postal services; freight transfer truck terminals; transfer, loading, and unloading points for trucks and automobiles carrying goods and produces; or for the operations of a "common carrier trucking company," including the parking, or servicing, or repairing, or storage of trucks, truck tractors, and/or truck trailers.
Light Fleet-Based Services, Private. Passenger transportation services, local delivery services, medical transport, and other private businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
Public Utilities. Generating plants, electric substations, renewable energy facilities, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, corporation yards, service and storage yards, and similar facilities of public agencies or public utilities.
Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
Recycling Collection Facility. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.
Small Collection Facility. Small collection facilities occupy no more than 200 square feet and may include:
A “mobile recycling unit,” which means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, and used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials; Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
978
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
293
Booth-type units which may include permanent structures; and Unattended containers placed for the collection of recyclable materials.
Large Collection Facility. A recycling facility for the acceptance of recyclable materials from the public. A large collection facility does not use power-driven processing equipment and occupies an area greater than 200 square feet.
Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
Telecommunication Facilities. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures.
Transit Stations and Terminals. Facilities for passenger transportation operations, including rail stations, bus terminals, taxi, and scenic and sightseeing facilities. This classification excludes terminals serving airports or heliports (see Airports and Heliports).
979
City of Rocklin
294
17.59.010 “A” Terms.
A. Abutting. Having a common boundary.
B. Access. The place or way through which pedestrians and/or vehicles have safe, adequate, and usable ingress and egress to a property or use.
C. Accessory Building. See “Building, Accessory”.
D. Accessory Structure. See “Structure, Accessory”.
E. Accessory Use. See “Use, Accessory”.
F. Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.
G. Adjoining. See “Abutting”.
H. Agent or Authorized Agent. Any person who can show certified written proof that they are representing and acting in the place of another person or individual.
I. Aggrieved Person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of their concerns or who, for good cause, was unable to do either.
J. Alley. A public or private way, other than a street, which is designated as an alley by the City, reserved primarily for secondary vehicular access to abutting lots.
K. Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
L. Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.
M. Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.
N. Assessed Value. The value as shown on the current equalized assessment role in effect of the time of the making of the determination of the assessed value.
O. Assessor. The Tax Assessor of the County of Placer.
980
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
295
P. Attached Building or Structure. See “Building, Attached” and “Structure, Attached”.
Q. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
17.59.020 “B” Terms.
A. Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.
B. Basement. The portion of a building between the floor and ceiling which has more than 50 percent below the natural or finished grade of the exterior ground surface.
C. Bedroom. Any room meeting the standards of the Building Code as a sleeping room.
D. Block. All property fronting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, undivided land or watercourse.
E. Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features.
F. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or property of any kind.
1. Building, Accessory. A detached, subordinate building used only as incidental to the main building or structure, or principal use on the same lot.
2. Building, Attached. A building which has four or more linear feet of common wall or roof with another building or structure that is four feet in length or more.
3. Building, Detached. A building which does not have a common wall or roof with another building or structure or whose common wall or roof with another building is less than four feet in length.
4. Building, Main. A building in which a principal use of the parcel on which it is located is conducted.
5. Building, Nonconforming. A building, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Zoning Code to it, no longer conforms to the regulations set forth in this Zoning Code.
G. Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto 981
City of Rocklin
296
and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.
H. Building Face. The general outer surface of the structure or walls of a building.
I. Building Footprint. See “Footprint”.
J. Building Frontage. See “Frontage, Building”.
K. Building Height. See “Height”.
L. Building Site. A lot or parcel of land occupied or to be occupied by a building or group of buildings.
17.59.030 “C” Terms.
A. California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
B. Camper. As defined in the California Vehicle Code.
C. Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
D. Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.
E. Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.
F. City. The City of Rocklin.
G. City Council. The City Council of the City of Rocklin.
H. Clerk. The City Clerk of the City of Rocklin.
I. Commission. See “Planning Commission”.
J. Common Area. The entire project area, excepting all units or areas granted or reserved for the exclusive occupancy of a tenant and/or condominium unit owner. 982
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
297
K. Community Apartment Project. Development of real property in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment located thereon and which is legally defined by applicable State law.
L. Community Development Director. The Community Development Director of the City of Rocklin or their designee.
M. Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.
N. Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for City approval.
O. Conditional Use. A use that is generally compatible with other permitted uses, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.
P. Conditionally Permitted. Permitted subject to approval of a Use Permit.
Q. Condominium. A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis and which is legally defined by applicable State law.
R. County. The County of Placer.
17.59.040 “D” Terms.
A. Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.
B. Density. The number of dwelling units per acre of land.
C. Detached Building. “See Building, Detached”.
D. Detached Structure. “See Structure, Detached”.
E. Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
F. Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements. 983
City of Rocklin
298
G. Director. The Community Development Director of the City of Rocklin or their designee.
H. Domestic Swine. An animal of the order Ungulata adapted to life in intimate association with people and able to live and breed in a tame condition. A domestic swine is further described as being no more than 18 inches at the shoulder, and weighing no more than 95 pounds.
I. Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.
J. Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.
17.59.050 “E” Terms.
A. Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.
B. Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
C. Electrical Code. Any ordinance of the City regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.
D. Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
E. Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.
F. Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).
G. Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
H. Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.
I. Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.
J. Explosives. Any explosive substance as defined in Cal. Health & Safety Code §12000. 984
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
299
17.59.060 “F” Terms.
A. Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
B. Family. One or more persons living together in a single household unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.
C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
D. Fence. Any horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, form a screen, or prevent intrusion.
E. Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section
17.02.030.E, Determining Floor Area.
F. Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Section 17.02.030.F, Determining Floor Area Ratio.
G. Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot of surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
H. Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.
I. Freeway. A multilane State or Interstate highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which the owners of abutting lands have no right of easement or access to or from their abutting lands.
J. Frontage, Building. The face of a building that is parallel to or is at a near parallel angle to a street.
K. Frontage, Street. That portion of a lot or parcel of land that borders a street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the street, highway, or parkway.
985
City of Rocklin
300
17.59.070 “G” Terms.
A. Garage. An accessory structure or portion of a main structure, enclosed on all sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.
B. General Plan. The General Plan of the City of Rocklin.
C. Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
D. Government Code. The Government Code of the State of California.
E. Grade. The location of the ground surface.
1. Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
2. Grade, Finished. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
F. Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.
G. Ground Floor. The first floor of a building other than a basement that is closest to finished grade.
17.59.080 “H” Terms.
A. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
B. Heat. Thermal energy of a radioactive, conductive, or convective nature.
C. Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section 17.02.030.C, Measuring Height.
D. Household. See “Family.”
986
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
301
17.59.090 “I” Terms.
A. Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
B. Improvement. An object affixed to the ground other than a structure.
C. Impervious Surface. Impervious surfaces are mainly artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centers) that are covered by impenetrable materials such as asphalt, concrete, brick, stone, etc.
D. Incidental Use. See “Use, Incidental”.
E. Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.
F. Intersection, Street. The area common to two or more intersecting streets.
17.59.100 “J” Terms.
Reserved.
17.59.110 “K” Terms.
A. Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.
17.59.120 “L” Terms.
A. Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.
B. Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. 987
City of Rocklin
302
C. Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
D. Living Area. The legally permitted interior area of a dwelling unit, with the exception of a garage or any accessory structure, including basements and attics which meet the habitability requirements of the building code.
E. Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:
1. Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
2. Corner Lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
3. Double Frontage Lot. See “Through Lot”.
4. Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.
5. Interior Lot. A lot other than a corner lot or reversed corner lot.
6. Key Lot. An interior lot adjoining the rear lot line of a reversed corner lot, whether or not separated by an alley.
7. Reversed Corner Lot. A corner lot, the side street line of which is substantially a continuation of a front lot line of the lot upon which the rear of said corner lot abuts.
8. Through Lot. A lot having frontage on two parallel or approximately parallel streets. 988
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
303
FIGURE 17.59.120.E: LOT TYPES
F. Lot Area. The area of a lot measured horizontally between bounding lot lines.
G. Lot Depth. The horizontal distance between the front and rear property lines of a site. See also Section 17.02.030.D, Measuring Lot Width and Depth.
H. Lot Frontage. See “Frontage, Street.”
I. Lot Line. The boundary between a lot and other property or the public right-of-way.
1. Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
2. Corner Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
3. Interior Lot Line. Any lot line that is not adjacent to a street.
4. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback. 989
City of Rocklin
304
5. Side Lot Line. Any lot line that is not a front or rear lot line.
FIGURE 17.59.120.I: LOT LINE TYPES
J. Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
990
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
305
K. Lot Width. The average distance between the side lot lines measured at right angles to the lot depth. See also Section 17.02.030.D, Measuring Lot Width and Depth. When not applicable due to irregularity of lot shape, lot width shall be determined by the Director.
17.59.130 “M” Terms.
A. Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.
B. Mobile Home. A structure transportable in one or more sections, and which is built on a permanent chassis, and designed to be used as a dwelling unit.
C. Municipal Code. The City of Rocklin Municipal Code.
17.59.140 “N” Terms.
A. Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
B. Nonconforming Building. See “Building, Nonconforming”.
C. Nonconforming Lot. See “Lot, Nonconforming”.
D. Nonconforming Structure. See “Structure, Nonconforming”.
E. Nonconforming Use. See “Use, Nonconforming”.
17.59.150 “O” Terms.
A. On-Site. Located on the lot that is the subject of discussion.
B. Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.
C. Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.
17.59.160 “P” Terms.
A. Parapet. That part of a wall that extends above the roof line. 991
City of Rocklin
306
B. Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
C. Passenger Vehicle. As defined in the California Vehicle Code.
D. Permitted Use. See “Use, Permitted”.
E. Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
F. Planning Commission. The Planning Commission of the City of Rocklin.
G. Community Development Department. The Community Development Department of the City of Rocklin.
H. Pre-existing. In existence prior to the effective date of this Zoning Code.
I. Principal Use. See “Use, Principal”.
J. Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Zoning Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
K. Property Line. The recorded boundary of a lot or parcel of land.
L. Public Resources Code. The Public Resources Code of the State of California.
M. Public Works Director. The Public Works Director of the City of Rocklin.
17.59.170 “Q” Terms.
A. Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.
17.59.180 “R” Terms.
A. Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.
992
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
307
B. Review Authority. Body or entity responsible for making decisions on applications.
C. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.
D. Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
17.59.190 “S” Terms.
A. Senior Citizen. An individual 62 years of age or older.
B. Setback. The distance between a property line and a building or structure that must be kept unoccupied and unobstructed from the ground upward, except as otherwise provided by this Zoning Code.
1. Front Setback A setback area extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front setback shall be a distance specified by this Zoning Code for the zone in which it is located and measured inward from the front lot line.
2. Interior Setback. A setback which does not abut a street.
3. Interior Side Setback. A setback area extending from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site and which does not abut a street.
4. Rear Setback. A setback area extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Zoning Code for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.
5. Required Setback. A setback area which complies with the minimum setback requirements for the zone in which the lot is located.
6. Side Setback. A setback area extending from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
993
City of Rocklin
308
7. Street Side Setback. A setback area on a corner lot or reversed corner lot extending from the front setback to the rear lot line between the building setback line and the nearest side street lot line.
FIGURE 17.59.190.B: SETBACK TYPES
C. Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
D. Sign Terms.
1. Abandoned Sign. A sign whose message describes the availability of goods or services at a location where such goods or services are no longer available and have ceased to be available for a period of at least 60 days or, in the alternative, a sign which is noncommercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding 60 days. Such abandonment shall include negligent or intentional conduct, such as failure to pay taxes or permit fees, or to maintain the sign.
2. Advertising Statuary. A structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification.
3. Animated Sign. An inanimate structure, statue, mannequin, mechanical device using, carrying, or wearing a sign displaying a commercial message, and which uses mechanical 994
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
309
or electrical movement or change of lighting, either natural or artificial, to depict action or create visual motion or the appearance of visual motion.
4. Awning Sign. A sign placed on an awning.
FIGURE 17.59.190.D.4: AWNING SIGN
5. Banner Sign. A temporary sign made of nonrigid material such as fabric, canvas, plastic or paper, and without an enclosing rigid framework.
6. Building Sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.
7. Channel Letter (internally illuminated). A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.
8. Channel Letter (reverse). A dimensional letter with a face and sides but no back, opposite to an open faced channel letter. A reverse channel letter has an open channel facing the wall or building to which it is affixed. A reverse channel letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a backlit channel letter; also referenced as a halo or silhouette lighted channel letter. The face of a reverse channel letter does not illuminate.
9. Commercial Mascot. A person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. Includes, but is not limited to, sign spinners and/or twirlers and sign clowns. 995
City of Rocklin
310
10. Commercial Sign. Any sign, wording, logo, or other representation that names or advertises a business, location, product, service, or other commercial activity.
11. Directional Sign. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
12. Electronic Message Center or Sign (EMC). An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source.
13. Feather Sign, Feather Banner, or Feather Banner Sign. A flexible pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.
14. Flag. A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Includes, but is not limited to, pennants, which are generally triangular in shape.
15. Flashing Sign. An illuminated sign in which artificial or reflected light is not intended to be maintained in a stationary or constant intensity. This includes a time and temperature recording device and electronic reader board.
16. Freestanding Sign. A sign which is self-supporting in a fixed location or supported on the ground by poles or braces, and not attached to a building or other structure. 996
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
311
FIGURE 17.59.190.D.16: FREESTANDING SIGN
17. Holiday Decorations. Nonpermanent signs or displays, including lighting, celebrating national, state and local holidays or holiday seasons.
18. Illegal Sign. A sign which is not a nonconforming sign and does not meet the requirements of this Code.
19. Illuminated Sign. Any sign utilizing an artificial source of light (internal or external) to enhance its visibility.
20. Mobile Messaging Sign. Any off-site sign which is attached to or painted on a vehicle, the principal purpose of which is general advertising.
21. Noncommercial Sign. Any sign which is not a commercial sign.
22. Nonconforming Sign. A sign which, though lawful when erected, would be prohibited under later-enacted changes to the regulations applicable to it.
23. Off-Site Sign. Any sign which advertises goods, products, services, establishments, or facilities not sold or offered at the property on which the sign is located.
24. Portable Sign. All of the following within this definition: 1) any sign not permanently attached or designed to be permanently attached to the ground or other permanent structure; 2) any sign designed to be transported by means of wheels, skids, runners, or moveable frames; 3) "A frame" or "T frame" signs; 4) menu and sandwich board signs, or 5) the functional equivalent of any of these categories. Commercial mascots are not within this definition.
997
City of Rocklin
312
25. Projecting Sign. A sign which uses a building or structure as its main source of support and contains copy that is perpendicular or at an angle to the building face.
FIGURE 17.59.190.D.25: PROJECTING SIGN
26. Real Estate Sign. A sign advertising that real property is for sale, lease, or exchange by the owner or his agent, giving directions to the property, and giving the owner's or agent's name, address and telephone number.
27. Roof Sign. A sign placed upon, projecting from or extending above the eaves of the roof or the roof itself. A sign hanging from and below the eave is not a roof sign. 998
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
313
FIGURE 17.59.190.D.27: ROOF SIGN
28. Sign. A temporary or permanent public display of visible images which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, services or ideas by the display of any communicative image or graphic, that attracts attention, when such is visible from any portion of the public right-of-way or from a private right-of-way that is open to public use, or any exterior place which is open to the public. The word "sign" includes, but is not limited to, all writing, trademarks, graphic illustrations and lighting primarily directed at facilitating communication, as well as supporting structures within the sign area. Notwithstanding the generality of the foregoing, as applied to this Code, the following are not within the definition of sign:
a. Aerial signs or banners towed behind aircraft;
b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;
c. Fireworks, etc.;
999
City of Rocklin
314
d. Foundation stones and cornerstones;
e. Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;
f. Historical plaques;
g. Holiday and cultural observance decorations on private property which are on display in season for not more than 45 calendar days per year (cumulative, per parcel or use) and which do not include commercial advertising messages; h. Inflatable gymnasia. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices. Also called "party jumps";
i. Interior graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof; j. Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
k. Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the City; l. Newsracks and newsstands;
m. Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs);
n. Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention attracting devices for commercial or special events; o. Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle which may be legally operated upon a public road is not within this exclusion;
p. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.;
1000
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
315
q. Vehicle and vessel insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
r. Vending machines, automated intake devices and product dispensing devices which do not display offsite commercial messages or general advertising messages;
s. Window displays. The display of merchandise in a store window, when such merchandise is offered to the public for sale.
29. Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.
30. Sign Face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.
31. Sign Face Change. Any changes to the letter style, size, color, background or message, but not including a change in the sign's location, height or an increase in the sign area.
32. Special Advertising Devices. Balloons, feather banner sign, mobile messaging sign, pennants and other physical devices used for advertising as approved by the Planning Director.
33. Special Event Sign. Any sign which advertises special events and activities including grand openings/closings, carnivals, parades, charitable events, sales including promotional sales, change of business address, change of ownership or lessee, business anniversaries, seasonal events, Christmas tree or other holiday oriented lots, public events that take place in the City, or any sign identifying a single one-time or infrequently occurring event that is outside of the normal activities of the responsible parties.
34. Suspended Sign. A sign that is suspended beneath a marquee, covered walkway, canopy, or awning.
1001
City of Rocklin
316
FIGURE 17.59.190.D.34: SUSPENDED SIGN
35. Temporary Sign. means a sign intended to display either commercial or noncommercial messages of a transitory or temporary nature, which by virtue of its construction from lightweight or flimsy materials, and its installation with ordinary hand tools, is not physically suitable or intended for long term display, including, but not limited to pennants, banners, streamers, or similar attention getting devices.
36. Tenant Building Frontage. The horizontal distance of a building or portion thereof occupied by a tenant facing a street, parking area, open space or pedestrian walkway.
37. Under Canopy Sign or Under Marquee Sign. A sign attached to the underside of a canopy or marquee.
38. Window Sign. A sign attached to, placed or painted upon, or placed within 18 inches of, the window or glass door of a building, and/or is solely intended for viewing from the exterior of such building.
1002
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
317
FIGURE 17.59.190.D.36: WINDOW SIGN
E. Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this Zoning Code and is in a single ownership or under unified control.
F. Soil. Naturally occurring superficial deposits overlying bedrock.
G. Solar Reflectance Index. Measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance
0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.
H. Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Government Code, §§ 65450 et seq.
I. State. The State of California.
J. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.
K. Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.
L. Street Line. The boundary between a street and a lot or parcel of land.
M. Structure. Anything constructed or erected which requires a location on the ground, including a building but not including a swimming pool, a fence, or a wall used as a fence.
1. Structure, Accessory. A detached subordinate structure used only as incidental to a main building or structure, or principal use on the same site or lot. 1003
City of Rocklin
318
2. Structure, Attached. A structure which is affixed to another building or structure on the site with a common wall or roof that is four feet in length or more.
3. Structure, Detached. A structure which is not affixed to another building or structure on the site or whose common wall or roof with another building or structure is less than four feet in length.
4. Structure, Nonconforming. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Zoning Code to it, no longer conforms to the regulations set forth in this Zoning Code.
5. Structure, Main. A structure housing the primary or principal use of a site or functioning as the primary or principal use.
6. Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
N. Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than 18 inches at any point.
17.59.200 “T” Terms.
A. Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.
B. Tenant. A person renting or leasing a housing unit or non-residential space.
C. Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.
17.59.210 “U” Terms.
A. Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.
1. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a principal use and located on the same lot as a principal use.
2. Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the principal use. 1004
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
319
3. Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this Zoning Code, no longer conforms to the specific regulations applicable to the zone in which it is located.
4. Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.
5. Use, Principal. A primary, principal, or dominant use established, or proposed to be established, on a lot.
B. Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public/semi-public, commercial, industrial, and transportation, communication, and utilities. See Chapter 17.58, Use Classifications.
C. Use Permit. A discretionary permit which may be granted by the appropriate City of Rocklin authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Chapter 17.44, Use Permits.
D. Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.
E. Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
17.59.220 “V” Terms.
A. Variance. A discretionary grant of permission to depart from the specific requirements of this Zoning Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.
B. Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
C. Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
D. Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place. 1005
City of Rocklin
320
17.59.230 “W” Terms.
A. Wall. Any vertical exterior surface of a building or any part thereof, including windows.
B. Wireless Telecommunication Terms.
1. Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.
2. Co-Location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co-location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
4. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).
5. Multi-User Telecommunication Facility. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only.
6. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
7. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
8. Telecommunication Facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.
1006
ZONE Rocklin
Planning Commission Recommended Draft Zoning Code
321
9. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
10. Tower, Lattice. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
17.59.240 “X” Terms.
Reserved.
17.59.250 “Y” Terms.
A. Yard. The area between the property line and the nearest wall of the first main building on a lot.
1. Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines.
2. Interior Yard. A yard which does not abut a street.
3. Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines.
4. Side Yard. A yard extending from the rear line of the front yard to the front line of the rear yard.
5. Street Side Yard. A yard on a corner lot or reversed corner lot along a street side lot line extending from the rear line of the front yard to the rear lot line. 1007
City of Rocklin
322
FIGURE 17.59.250: YARD TYPES
17.59.260 “Z” Terms.
A. Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. 1008
EXHIBIT B
AMENDMENTS TO RELATED PROVISIONS
OF THE ROCKLIN MUNICIPAL CODE
Section 3.32.020-Applicability.
A. To the extent that this chapter establishes a fee for services for which an identical fee is already required by another provision of this code, or by regulation, ordinance, statute or otherwise, the authority in this chapter shall be deemed supplementary.
B. This chapter does not apply to, and does not affect in any manner, the following taxes and fees:
1. Capital expenditures and park and recreation tax—Chapter 3.16, Article I.
2. Traffic circulation surcharge—Chapter 3.16, Article II.
3. Fee for traffic signalization and control—Chapter 3.16, Article III.
4. Traffic impact fee—Chapter 3.16, Article IV.
5. Real property transfer tax—Chapter 3.20.
6. Sales and use tax—Chapter 3.24.
7. Business license tax—Chapter 5.04.
8. Transient occupancy tax—Chapter 5.24.
9. Community facilities district taxes.
10. Lighting district No. 1, landscaping and lighting district No. 2, and park development and maintenance district assessments.
11. Park fees—Chapter 16.28, Article II.
12. Dry Creek watershed drainage fees—Ordinance No. 703, as amended.
13. Oak tree mitigation fee—Chapter 17.30.
Section 5.22.040-Definitions as used in this chapter.
For purposes of this chapter, the following definitions apply:
A. "Accessory dwelling unit" has the same meaning as in Section 17.58.010 of this Code.
B. "Advertisement" means any method used to solicit interest in the rental including, but not limited to, internet-based listing or hosting services.
C. "Dwelling unit" has the same meaning as in Section 17.58.040 of this Code.
D. "Lodger" means a person to whom a person is providing lodging for compensation.
E. "Parcel" means property assigned a separate parcel number by the Placer County assessor.
F. "Permittee" means the property owner to whom a short-term rental permit is issued.
G. "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.
H. "Property owner" means the owner of the property on which the short-term rental exists or their agent authorized to rent the short-term rental.
1009
I. "Short-term rental" means any dwelling unit or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A short-term basis is thirty consecutive calendar days or less to the same person or entity.
J. "Short-term rental facilitator" shall have the same meaning as set forth in Government Code Section 50991(g), as may be amended.
K. "Marketplace" shall have the same meaning as set forth in Government Code Section 50991(c), as may be amended.
L. "Transient occupancy tax" or "TOT" means the tax imposed by the city on the privilege of occupying a short-term rental pursuant to the Rocklin Municipal Code, including Chapter
5.24, and applicable state law.
M. "Operator" means the owner or tenant who offers a short-term rental.
N. "Permit number" means the short-term rental permit or registration number issued by the city of Rocklin.
Section 5.26.020-Definitions.
A. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:
1. "Cart" collectively means a stationary cart or mobile cart as defined in "Compact mobile food operation".
2. "Compact mobile food operation (CMFO)" is defined as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
3. "Certified farmer's market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000), of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.
4. "Citation" means an administrative citation issued pursuant to section 5.26.110 of this Code, unless otherwise specified.
5. "City" means the City of Rocklin, a municipal corporation.
6. "Department" means the community development department of the city.
7. "Food" means any type of edible substance or beverage.
8. "Goods or merchandise" means any item that is not food.
9. "Person or persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, all domestic or foreign corporations, joint stock corporations, joint ventures, partnerships of every kind, entities, syndicates, associations, clubs, societies, or organizations of any kind composed of two or more individuals, other than as an employee.
10. "Public property" means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city, other than a street, alley, or parkway. 1010
11. "Recreation area" means all parks, places, greenbelts, gardens, and any other property owned by the city, including structures thereon, used, operated, or maintained for recreational purposes, whether active or passive. The term "owned" shall mean any property interest under which the city operates, maintains, or controls such property.
12. "Residential" means any area zoned exclusively as residential in Title 17 or designated exclusively, or partially, for residential use as part of a specific plan, planned development, or a residential overlay district or their equivalent.
13. "Roaming sidewalk vendor" means a person who moves from place to place and only stops to complete a transaction.
14. "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians, including sidewalk, alleys, and parkway trails or paths.
15. "Sidewalk vending receptacle" or "sidewalk vendor receptacle" is a piece of equipment used for vending, including a CMFO, mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, pushcart, or other non-motorized conveyance, or from one's person, upon a sidewalk or other pedestrian path. These non-motorized conveyances exclude vehicles, as defined in the Vehicle Code of the State of California, from which food or beverages are offered for sale to the public.
16. "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon public property.
17. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vending receptacles.
18. "Stationary receptacle" means a piece of equipment used for vending which has no motor and is not mobile except when being pushed, carried, or transported to and from a space on the sidewalk on a daily basis, such as a rack, stand, table, display, or showcase.
19. "Stationary sidewalk vendor" means a vendor who vends from a fixed location.
20. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that article, or any successor chapter.
21. "Vend, vends or vending" means to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation on public property.
22. "Business license" is tax from the city finance division, required for each person who vends in accordance with this chapter in the city.
23. "Sidewalk vending permit" is written approval required for each vending receptacle used for vending in the city.
1011
Section 5.30.040-Signs.
Signs advertising garage sales are exempt from a sign permit, but shall comply with the city of Rocklin sign code as set forth in Chapter 17.33, Signs on Private Property, and Chapter 17.34, Signs on City Property.
Section 5.44.021-Application for permit for an adult related business.
A. Any person desiring to obtain an adult related business permit to operate an adult related business for which a permit is required pursuant to Section 5.44.020 shall apply to the chief of police on a form provided by the city clerk. Before submitting the application, the applicant shall pay a nonrefundable fee as established by resolution of the city council to defray, in part, the cost of the investigation required by this chapter. Upon payment, the city shall issue a receipt to the applicant showing that such permit application fee has been paid. The applicant shall provide the receipt or a copy thereof to the chief of police at the time of applying for a permit under this section.
The application to the chief of police shall be deemed complete when it contains the following information:
1. The full and true name and any other names of each person with an ownership interest of at least twenty percent in the adult related business and of each operator of the adult related business;
2. The present business addresses and telephone number (if any) of the applicant;
3. The two previous business addresses immediately prior to the present address of the applicant and any operator;
4. Written proof provided in the form of a valid government issued photo identification card, issued within the United States that the applicant and any operator is at least eighteen years of age;
5. The height, weight, color of eyes and hair of the applicant and any operator;
6. Two color photographs of the applicant and any operator;
7. The business license or tax certificate history of the applicant and any operator for any adult related business for the preceding five years, including whether the person while previously operating in this or another city, county or state under the business licensee or tax certificate, has had a business license or tax certificate revoked or suspended, and the reason(s) for the revocation or suspension;
8. A list of all other licenses and/or permits issued to and/revoked from the applicant, in the five years prior to the year of the permit application, such other license and/or permit relating to similar business activities as in the permit application, including the type, current status, and issuing agency for each license/permit. If the applicant had any licenses or permits suspended or revoked, the applicant shall also provide a written explanation as to the findings and disposition;
9. For each person with at least a twenty percent ownership interest in the adult related business and all operators, a list of the date and type of conviction for any offense listed 1012
in Section 5.44.027(A)(2) that the owner or operator was convicted of five years prior to the date of the application;
10. The name and address of the lessor of the real property on which the business is to be conducted, and a copy of the lease agreement or other documentation to establish that the owner and/or landlord of the premises consents to the establishment of an adult related business on the premises;
11. The name and address of the person or persons who will manage or conduct the business within or upon the premises, such address to be the place where the applicant desires notices to be mailed pursuant to this chapter;
12. The address, location and a diagram of the site and interior of the building as the business will be operated. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The drawing of the site and interior of the building must be a configuration of the premises demonstrating it will comply with the requirements of this chapter and of Section 17.35.050;
13. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown on its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding an interest of twenty percent or more of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners holding an interest of twenty percent or more of the ownership of the company. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.
14. A description of the security measures that the applicant intends to implement at the business.
15. The name and/or type of such additional or other lines of business as will be conducted in conjunction with the maintenance or operation of the business within or upon the premises.
B. The chief of police shall take fingerprints of the applicant and any operator for the purpose of conducting a background investigation.
C. The application for a permit does not authorize conducting an adult related business until a permit has been granted. The issuance of a business license certificate pursuant to this title shall not authorize conducting an adult related business until the necessary adult entertainment business permit required by Section 5.44.020 has been lawfully granted.
D. All personal information provided by an applicant shall be deemed confidential and not disclosed except as required by law.
E. The provisions of subsections (A)(4) and (A)(5) of this section shall not apply to any corporate applicant; however, such information shall be provided for any operator.
Section 5.44.033 Suspension, revocation or other action relating to adult related business permits and adult employee permits.
1013
A. An adult related business permit and an adult employee permit may be suspended, revoked or other action may be taken against a permittee by the chief of police in accordance with the procedures and standards of this section.
B. On determining that grounds for permit suspension, revocation or other action exists, the chief of police shall furnish written notice of the proposed suspension, revocation or action to the permittee. The notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings pursuant to this Section shall be conducted by the chief of police or a designated hearing officer designated by him/her which can include a retired judge. Hearings pursuant to this section shall be conducted in accordance with procedures established by the chief of police or designated hearing officer but, at a minimum, shall include the following:
1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.
2. The chief of police or designated hearing officer shall not be bound by the formal rules of evidence.
3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permittee. Extensions of time for continuances sought by a permittee shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on permit suspensions or revocations. Extensions for convenience shall not exceed thirty days.
C. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, independent contractor, partner director, or manager of the permittee:
1. The building, structure, equipment, or location used by the adult related business fails to comply with all of the provisions of these regulations and this section relating to adult related businesses, including the adult related business operational standards contained in this chapter and in Section 17.35.050 of the Rocklin Municipal Code pertaining to adult related businesses, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Rocklin Municipal Code.
2. The permittee has failed to obtain or maintain all required city licenses and permits.
3. The permittee has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with the city as part of the application for a permit.
4. The permit is being used to conduct an activity different from that for which it was issued.
5. That an individual employed by, or performing in, the adult related business (whether classified as an employee or an independent contractor) has pled guilty, or nolo contendere, or been convicted of any crime listed in Section 5.44.027. 1014
6. That the use for which the permit was granted has ceased to exist or has been suspended for six months or more.
7. The permittee or operator of an adult related business has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult related business:
a. Any action included in the definition of "specified sexual activities" in this chapter; b. Use of the establishment as a place where unlawful solicitations for any sexual act, including but not limited to those within the definition of "specified sexual activities" in this chapter;
c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318, or subdivisions (a) and (b) of Section 647 of the California Penal Code;
e. California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4; f. The appearance of men or women in a "state of nudity" in any area of the adult related business premises by employees or patrons;
g. The appearance of an employee or patron in a state of partial nudity or displaying specified anatomical areas on the premises, except when performing on stage as provided for in this chapter;
h. Violation of any federal, state or local law regulating the sale, consumption, or possession of alcohol on the premises;
i. Violation of any of the development and operational standards, rules or regulations governing the conduct or operation of an adult related business by an employee or patron with knowledge by an employee or manager where no immediate action is taken by the owner or operator to stop the offending action; j. Employment of any person without an adult related business employee permit as required by this chapter; or
k. Any act by an employee in violation of the provisions of this chapter.
8. Failure to abide by any disciplinary action previously imposed.
9. Conviction of any of the crimes specified in Section 5.44.027 by an owner or operator of an adult related business.
D. After holding the hearing in accordance with the provisions of this section, if the chief of police or designated hearing officer finds and determines that there are grounds for action 1015
to be taken against a permittee, based upon the severity of the violation, the chief of police shall impose one or more of the following:
Conditions upon the permit reasonably related to address the violation(s);
1. Suspension of the permit for a specified period not to exceed six months; or
2. Revocation of the permit.
3. The police chief or designated hearing officer shall render a written decision that shall be delivered by hand or overnight mailed to the permittee within five days of the hearing.
E. Any applicant aggrieved by the decision of the chief of police relating to the revocation or suspension of a permit for an adult related business or an adult employee permit may appeal the decision by following the procedures set forth in Chapter 5.01. If an appeal is not timely filed, the decision of the chief of police shall be final.
F. In the event a permit is revoked pursuant to this section, another adult related business permit or adult related business employee permit shall not be granted to the permittee within twelve months after the date of such revocation.
G. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult related business for the purpose of establishing a violation of this chapter, or for purposes of permit denial, suspension, or revocation if a permittee allowed, either knowingly or through negligent failure to supervise, a violation of this chapter to occur.
Section 6.04.130 – Kennel.
"Kennel" means for the purposes of this title shall have the same meaning as is set forth in Section 17.58.030 of the Rocklin Municipal Code.
Section 6.20.010 – Prohibited.
Kennels shall only be allowed as set forth in Title 17 of the Rocklin Municipal Code.
Section 6.36.040 – Restrictions.
No person shall keep livestock unless:
A. It is upon premises upon which, pursuant to Section 17.35.060 of the zoning title, livestock may be kept, provided that the number of animals does not exceed the number permitted within the zone;
B. Such livestock are kept within a substantial fence or barricade which consists of any of the following:
1. At least three barbed wires, evenly spaced, the top of which shall be at least four feet from the ground, and which shall be securely fastened to posts of metal or wood, the space between which is not greater than twelve feet,
2. A chain link fence six feet in height,
1016
3. A solid wood fence six feet in height;
C. Any shelter provided for such livestock is at least one hundred and fifty feet from any adjoining building or structure;
D. At least six thousand square feet of area is provided for each animal.
Section 8.04.020 - Unlawful property nuisances.
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by this code:
A. The accumulation or presence of packing boxes, cardboard boxes, lumber, rubbish, refuse, barrels, drums, salvage materials, broken or discarded furniture, household fixtures or household equipment or furnishings designed for indoor use, storage containers, canopies, shipping containers or shopping carts on the property visible from public view; B. Overgrown vegetation including, but not limited to, lawn or weeds in excess of twelve inches in height visible from public view or likely to harbor rats, vermin or other nuisances or which obstructs the view of drivers on public streets or private driveways, or which impedes, obstructs or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights-of-way. Any of the following shall be considered overgrown vegetation which impedes, obstructs or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights-of-way:
1. Vegetation over a public street or public right-of-way less than fourteen feet above the surface of the street;
2. Vegetation over a public sidewalk less than eight feet above the surface of the sidewalk;
3. Installation or maintenance of any sign, hedge, structure, natural growth, fence, or other obstruction to the view higher than thirty inches above the nearest pavement surface (or traveled area when no pavement exists) on property adjacent to any private road or driveway intersecting a public street, within a triangle area formed by the edge of the driveway, the street right-of-way line, and a line connecting two points, one of which is on the right-of-way line ten feet from the edge of the driveway, and other of which is on the edge of the driveway ten feet back of the right-of-way line measured perpendicular to the right-of-way line in a direction away from the street;
4. Vegetation obstructing sight distance as determined by the public services department director or his/her designee.
C. Dead, decayed, diseased or hazardous trees, weeds, or other vegetation constituting unsightly appearance, or dangerous to public safety and welfare and visible from public view. Hazardous vegetation and debris shall be maintained in accordance with Chapter 8.10 of this code, or any successor chapter;
D. Attractive nuisances dangerous to children and other persons, including abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, hazardous pools, ponds and excavations;
1017
E. Personal property, such as vehicles, boats, trailers or vehicle parts which are abandoned or left in a state of partial repair for an unreasonable period of time in front yards, side yards, driveways, sidewalks or walkways, and visible from public view; F. Vehicles parked or stored in residential zoning districts on property, other than on driveways or other impervious surfaces, and visible from public view; G. Buildings which are abandoned, partially destroyed, left in an unreasonable state of partial construction or have been declared substandard or dangerous by the enforcement authority;
H. Unpainted buildings and those having dry rot, warping or termite infestation. Any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation as to render the building unsightly and in a state of disrepair; I. Buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, which constitutes a hazard and/or invites trespassers and malicious mischief. Plywood or other material used to cover such window space, if permitted under this code, shall be painted in a color or colors compatible with the remainder of the building;
J. Building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such condition as to become defective or unsightly or are materially detrimental to nearby properties and improvements. Fencing or walls installed on private property adjacent to any public parks, drainage, wetlands or private or public open space shall be maintained in a good and undamaged condition and the removal of such fencing or walls is prohibited unless for the purpose of immediate installation of new fencing or walls in the same location or further within the private property;
K. Construction equipment, farm machinery, or machinery of any type or description parked or stored on the owner's property when it is visible from a public view, except:
1. During excavation, construction or demolition operations covered by an active building permit which are in progress on the subject property or an adjoining property;
2. During active farming operations; or
3. When such machinery in an industrial zoning district is appropriately stored.
L. Property which lacks landscaping, turf, ground cover, mulch, live plant material, decorative rocks, or other commonly used landscape material, or property existing in such a state which may create a condition of excessive dust or soil erosion; M. The keeping, storing, depositing or accumulation for an unreasonable period of time of dirt, sand, gravel, concrete, and other similar materials, which manner of keeping, storing, depositing or accumulation constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses;
N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment or use of such adjacent properties.
1018
O. The maintenance or keeping of any graffiti on any fence, wall, existing building, paved area, or structure. Graffiti removal or abatement shall be in accordance with Chapter 9.32 of this code, or any successor chapter. Graffiti shall be reported to the police department and abated by repainting the entire surface area on which the graffiti exists and property owner shall use paint that matches (to the greatest degree possible) color of remaining portion of the structure being painted, or otherwise approved by the city.
Section 9.24.020 – Definitions.
A. "Camp" means to do any of the following:
1. To sleep any time between the hours of nine p.m. and nine a.m. in any of the following places:
a. Outdoors with or without bedding, tent, hammock or other similar protection or equipment.
b. In or under any structure not intended for human habitation, whether with or without bedding, tent, hammock, or other similar protection or equipment. c. In, on or under any parked vehicle, including an automobile, bus, truck, travel trailer or other recreational vehicle.
B. "Camp facilities" means temporary structures, equipment or vehicles used to camp, including, but not limited to, tents, huts, temporary shelters, trailers or vehicles, if the vehicle or trailer is being used for habitation.
C. "Camp paraphernalia" means implements and equipment used while camping including, but not limited to, tents, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, stoves, lanterns and operational cooking equipment.
D. "Campsite" includes any location used for the purposes of camping.
E. "Habitation" means the intentional use of a space as temporary or permanent living quarters.
F. "Private property" means all privately-owned property including, but not limited to, privately-owned streets, sidewalks, alleys, ways, creeks, waterways, lots, parcels and other forms of improved or unimproved land or real property.
G. "Public property" means property owned or controlled by the city of Rocklin, including but not limited to, parks, trails, streets, sidewalks, and open space areas.
H. "Recreational vehicle" means a vehicle or trailer as defined in Rocklin Municipal Code Section 17.31.070(B)(5).
I. "Setting up campsite" means to, at any time, establish or maintain outdoors or in, on or under any structure not intended for human habitation, at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting up any bedding, including, but not limited to, a sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment with the intent to use that location for sleeping or habitation.
1019
J. "Store" means to put aside or accumulate for use when needed, to put for safekeeping or to place or leave unattended in a location.
K. "Unattended property" means any personal property, including "camp paraphernalia which appears to have been abandoned, discarded, or disregarded by its owner; or property which has been left unattended for an unreasonable amount of time. An "unreasonable" amount of time may be any amount of time, however, any property left unattended for twelve hours or more shall be considered unattended per se.
Section 9.24.050 - Permitted camping on private property.
A. Except as otherwise provided in this section, it is unlawful for any person to camp, lodge, or stay overnight on any private property within the city without first obtaining permission of the owner and making adequate arrangements to assure sanitary conditions and proper waste disposal. This prohibition shall apply whether or not such person is camping or lodging within or without any automobile, van, motor home, trailer coach, tent or other place of shelter. No person shall set up camp facilities or any other temporary or permanent shelter for the purpose of camping, nor shall any person leave upon any private property any camp facilities.
B. Exceptions. This section shall not apply to camping, with adequate sanitary conditions and proper waste disposal, in the following situations:
1. Persons camping upon their own land, or persons camping with the owner of the land.
2. Persons camping with the written consent of the owner of the land, for not more than two consecutive nights, provided that such written consent is in their possession at the time and is shown upon the demand of any peace officer; and
3. Persons lawfully camping within campgrounds or trailer parks approved pursuant to city ordinance.
C. This section is not intended to modify or amend the provisions Title 17 of the Rocklin Municipal Code, including Section 17.31.070. In the event of a conflict between Title 17 and this section, Title 17 shall control.
Section 9.48.020 - Definitions of terms used in this chapter.
The following terms, whenever used in this chapter, shall have the following meanings:
A. "City" means the city of Rocklin.
B. "Fire officer" means person with the responsibility for managing fire and rescue services.
C. "Commercial property" means any property, structure, or occupancy used for a commercial use, as defined or otherwise permitted pursuant to Title 17 of the Rocklin Municipal Code, regardless of the zoning district in which the property is located.
D. "False fire alarm" means the activation of a fire alarm system resulting in a response by the fire department and which is caused by the negligence or intentional misuse of the fire alarm system by the owner, its employees, agents or other activation of a fire alarm system not caused by heat, smoke or fire; or a fire alarm to which the fire department responds, if 1020
the fire department determines that the fire alarm was not related to a fire or life safety emergency at the time of that alarm.
E. "Fire alarm agent" means any person who is self-employed or employed either directly or indirectly by a fire alarm business who duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing a fire alarm system in or on any building, place or premises.
F. "Fire alarm business" means any person conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring a fire alarm system in or on any building, place or premises.
G. "Fire alarm" means a device or alarm that is designed to respond either manually or automatically to smoke, fire or activation of a fire suppression system.
H. "Fire alarm monitoring company" means a person in the business of providing monitoring services.
I. "Fire alarm system" means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of a fire or emergency medical situation or both, and, when activated, emits a sound or transmits a signal to indicate that an emergency exists.
J. "Fire alarm user" means any person responsible for operating a fire alarm system at any premises in the city.
K. "Fire department" means any employee of the Rocklin Fire Department.
L. "Responsible party" means the owner of record, occupant, or lessee of property or premises with a fire alarm where a false fire alarm occurs, or the person who causes the false fire alarm at that property or premises.
Section 10.24.190 - Commercial vehicles.
A. Commercial vehicles having a manufacturer's gross vehicle weight rating of thirteen tons or more shall not be parked or left standing on any street within the city between the hours of six p.m. to six a.m. Nothing in this section shall prohibit the operator of any commercial vehicle exceeding the gross weight from parking or leaving standing the commercial vehicle for the purpose of:
1. Making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a restricted street; or
2. Delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon a restricted street for which a building permit has previously been obtained.
B. For the purposes of this section, residential streets means those streets in a Residential Zone as defined in the zoning code of the city in addition to any other residential streets as determined by the traffic engineer.
C. The traffic engineer shall appropriately signs on the streets, roads or highways, as the traffic engineer may determine will best serve to give notice of this section, indicating the affected residential street, road or highway where commercial vehicle parking is prohibited. 1021
Section 16.12.050 – Lot line adjustment.
As provided in subsection (d) of Section 66412 of the Subdivision Map Act, this title shall not apply to any lot line adjustment, provided:
A. The resulting lots meet the area requirements of Title 17 for the zone in which the property is located; and
B. The planning director, planning commission or council, by resolution, approves such an adjustment.
C. The following procedure shall be used when applying for lot line adjustment approval pursuant to this section:
1. An application for approval of a lot line adjustment shall be submitted to the planning director on forms provided by the city. The application shall be accompanied by:
a. Five copies of a map on eight and one- half by eleven inches bond paper, showing the existing property line and the proposed location of the new property line. The map shall be drawn to scale and show all existing structures, easements, landscaping, including trees, and any other improvements and their location in relation to all property lines;
b. Two copies of a current title report for each parcel affected; c. New deed descriptions for all parcels affected by the lot line adjustment; d. Filing fees, as established by council resolution.
2. Upon determination by the planning director that the application is complete, the director shall have fifteen days in which to notify the applicant that the lot line adjustment is either approved, conditionally approved, or denied.
3. Any decision by the planning director may be appealed to the planning commission by the applicant or any interested party, in accordance with Section 17.42.140.
4. Following affirmative action by the planning director, the commission or the council, the applicant shall submit the following final documents for recording to the city engineer:
a. New deeds on all parcels affected;
b. One eight and one-half by eleven inches exhibit map for each parcel affected; c. Any offers of dedication;
d. Street improvement plans or deferral agreements, if applicable; e. Applicable fees, including recordation fees and plan check fees; f. Additional information as required by the city engineer.
5. Upon acceptance of the information set out in subdivision 4, the city engineer shall file all final documents with the clerk for recording.
Section 16.16.150 - Public hearing—Notice.
1022
Noticing shall be consistent with the requirements of Section 17.42.070.
Section 16.18.080 - Rights conferred.
A. Approval or conditional approval of a vesting tentative map shall confer a right to proceed with the development in substantial compliance with the city's ordinances, policies and standards used to determine whether to approve or disapprove an application for a tentative map in effect at the time the application for the vesting tentative map is deemed complete. A determination of whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, may be appealed pursuant to Section 17.42.140. 1023
CITY OF ROCKLIN, CA
City BoundaryParcel Boundary
MAP FEATURES
Railroad
0 0.25 0.5 Miles
AUGUST 6, 2026
NOTES:Maps and data are to be used for reference purposes only. Map features are approximate, and are notnecessarily accurate to surveying or engineering standards. The City of Rocklin makes no warranty orguarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of anyof the data provided, and assumes no legal responsibility for information contained on this map. Any useof this product with respect to accuracy and precision shall be the sole responsibility of the user.See separate note for data sources. Direct all inquires to the City of Rocklin Planning Division.Drawn by: RRM Design GroupArcGIS Pro. Redlands, CA: Esri ²
SOURCES:Base data sources:*City of Rocklin, 2024,2025;*USGS elevation data2021.
OAKS BLVD
SUNSET BLVD
PARK DR
STANFORD RANCH RD
TWELVE BRIDGES DR
JO
INDUSTRIAL AVE
WASHINGTON BLVD
GALLERIA BLVD
ROSEVILLE PKWY
ROCKLIN RD
5TH ST
SIERRA COLLEGE BLVD
PACIFIC ST
BARTON RD
BRACE RD
I-80
WHITNEY BLVD
SUNSET BLVD
STANFORD RANCH RD
LONETREE BLVD
WILDCAT BLVD
WHITNEY RANCH PKWY
STATE HWY 65
CITRUS COLONY RD
DEL MAR AVE
SIERRA COLLEGE BLVD KING RD
HUMPHREY RD
PARK DR
BLUE OAKS BLVD
ZONING DISTRICTSResidential Zones*
Residential Estate (RE-*)Residential Low Density (RL-*) Residential Medium Density (RM-*)
Residential Medium-High Density (RMH-*)
Residential High Density (RH-*)
Public and Semi-Public Zones
Public Facilities (PF)
Parks, Recreation, andOpen Space (PROS)
Commercial Service (CS)
Commercial General (CG)Commercial Neighborhood (CN)
Commercial Mixed Use (CMU)
Commercial and Mixed Use Zones
Light Industrial (IL)
Business Park (BP)
Employment Zones
* Number designator followed by a + indicates minimum required density, in dwelling units/acre, where applicable.
Heavy Industrial (IH)
SHEET 1 OF 2: ZONING DISTRICTS
ZONING MAP
AUGUST 2026DRAFT
See Sheet 2 of 2
OVERLAY ZONES
/RMD-24+ Residential Minimum Density 24+ Overlay Zone/RD Residential Development Overlay Zone 1024
City Boundary
Parcel Boundary
MAP FEATURES
Railroad
0 0.25 0.5 Miles
AUGUST 6, 2026
NOTES:Maps and data are to be used for reference purposes only. Map features are approximate, and are notnecessarily accurate to surveying or engineering standards. The City of Rocklin makes no warranty orguarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of anyof the data provided, and assumes no legal responsibility for information contained on this map. Any useof this product with respect to accuracy and precision shall be the sole responsibility of the user.See separate note for data sources. Direct all inquires to the City of Rocklin Planning Division.Drawn by: RRM Design GroupArcGIS Pro. Redlands, CA: Esri ²
SOURCES:Base data sources:*City of Rocklin, 2024,2025;*USGS elevation data2021.
OAKS BLVD
SUNSET BLVD
PARK DR
STANFORD RANCH RD
TWELVE BRIDGES DR
JO
INDUSTRIAL AVE
WASHINGTON BLVD
GALLERIA BLVD
ROSEVILLE PKWY
ROCKLIN RD
5TH ST
SIERRA COLLEGE BLVD
PACIFIC ST
BARTON RD
BRACE RD
I-80
WHITNEY BLVD
SUNSET BLVD
STANFORD RANCH RD
LONETREE BLVD
WILDCAT BLVD
WHITNEY RANCH PKWY
STATE HWY 65
CITRUS COLONY RD
DEL MAR AVE
SIERRA COLLEGE BLVD KING RD
HUMPHREY RD
PARK DR
BLUE OAKS BLVD
Zoning Boundary
Automotive (AU) Overlay ZoneHistoric District (HD) Overlay ZoneGreenbrae Island Annexation Area(GA) Overlay Zone Residential Minimum Density 10+(RMD-10+) Overlay Zone
Planned Development (PD)Overlay Zone
Residential Development(RD) Overlay Zone
OVERLAY ZONES
Residential Minimum Density 24+(RMD-24+) Overlay Zone
College Park (CP) Overlay ZoneBusiness Attraction, Retention andRevitalization Overlay (BARRO) Zone ZONING DISTRICTSResidential Zones*Residential Estate (RE-*)Residential Low Density (RL-*)Residential Medium Density (RM-*)Residential Medium High Density (RMH-*)Residential High Density (RH-*) Commercial and Mixed Use ZonesCommercial Mixed-Use (CMU)Commercial Neighborhood (CN)Commercial General (CG)Commercial Service (CS) Employment ZonesBusiness Park (BP)Industrial Light (IL)Industrial Heavy (IH)Public and Semi-Public ZonesPublic Facilities (PF)Parks, Recreation, and Open Space (PROS) * Number designator followed by a + indicatesminimum required density, in dwelling units/acre,where applicable.
CITY OF ROCKLIN, CA
SHEET 2 OF 2: OVERLAY ZONES
ZONING MAP
AUGUST 2026DRAFT
1025
City Council
Staff Report
Subject: Midas Apartments / Design Review, DR2026-0002; and Environmental, ENV2026-0008 (continued from August 4, 2026) Date: October 13, 2026
Submitted By: Bennett Smithhart, Senior Planner
Arwen Wacht, Community Development Deputy Director
David Mohlenbrok, Community Development Director
Department: Community Development
Recommendation:
Conduct a Public Hearing and Consider the Following Actions:
A. Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Midas Apartments / ENV2026-0008).
B. Adopt a Resolution of the City Council of the City of Rocklin Approving a Design Review (Midas Apartments / DR2026-0002).
Background:
The staff report is included as Attachment 1 in order to maintain the integrity of the formatting.
Item Number PH4.
ATTACHMENTS:
1. Staff Report - Midas Apartments
2. SR Attachment 1 - Pacific and Midas 15183 Consistency Analysis and Checklist
3. Resolution A - Notice of Exemption
4. Resolution B - Design Review
5. Resolution B Exhibit A - Planning Package
6. Resolution B Exhibit B -Revised Parking Exhibit 09.17.26
7. Resolution Exhibit C - Midas Apt - Parking Enforcement Plan 09.23.26 1026
City Council
Staff Report
_______________________________________________________________________ Subject: Midas Apartments
Design Review, DR2026-0002
Environmental, ENV2026-0008
Date: October 13, 2026
Submitted By: Bennett Smithhart, Senior Planner
Arwen Wacht, Community Development Deputy Director
David Mohlenbrok, Community Development Director
Department: Community Development
________________________________________________________________________ Recommendation:
The Planning Commission and staff recommend adoption of the following:
A. Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Midas Apartments / ENV2026-0008)
B. Resolution of the City Council of the City of Rocklin Approving a Design Review (Midas Apartments / DR2026-0002)
Application Request/Project Description:
The project is a request for a Design Review to develop an approximately 7.1-acre undeveloped site with a 100-percent affordable multi-family/apartment community. The project includes construction of three (3) multi-family buildings, containing a total of 281 units, along with a new parking lot, drive aisles, community facility, playground, and associated infrastructure. The project also includes a lot line adjustment (parcel merger) to consolidate five existing parcels into a single parcel.
Project Location:
The project site is located at the northwest corner of Pacific Street and Midas Avenue (APNs:
010-010-016, -017, -028, and -029; and 010-040-040) (Figures 1 and 2). 1027
Figure 1. Project Location
Figure 2. Project Site
Project Site
1028
Project Ownership and Applicant:
The property owner is Paxion Rocklin AH LP. The applicants are Waterford Property Company c/o Oren Hillel and Cypress Equity Investments c/o Garrett Borges.
Summary of August 4, 2026 Planning Commission Hearing and Action:
On August 4, 2026, the Planning Commission (Commission) considered the proposed project. After presentations by staff and the applicant team, the Commission opened the public hearing. Three members of the public provided comments on the Design Review request, expressing concerns about the project’s height, the number of parking spaces, and potential impacts on the surrounding community. One member of the public expressed concerns that despite living in close proximity to the project site, that they and the surrounding community were not adequately notified of the development through the applicant’s extended outreach. The Commission then closed the public hearing and began deliberations.
During deliberations, the Commission discussed the following:
1. Parking impacts on adjacent neighborhoods and the City's inability to regulate project parking under State law.
2. The project's density and building height, and the City's limited authority to regulate those aspects under applicable State law and the project site’s land use and zoning designations.
3. Traffic operations at the intersection of Midas Avenue and the Union Pacific Railroad, specifically whether this additional project traffic could increase vehicle queuing at the railroad crossing, and potentially encourage illegal left turns out of the project’s Midas Avenue driveway.
4. The removal of native oak trees from the project site.
5. State Density Bonus Law Concessions and Waivers, including the one requested concession for a reduction in parking stall dimensions.
6. The project applicants’ outreach to the neighbors.
The Commission voted 5-0 to recommend approval of the project to the City Council.
Midas Avenue Railroad Crossing
During deliberations, the Commission discussed vehicle queuing and unpermitted U-turn movements associated with active train crossings. The Commission expressed concern that the additional residential units and associated vehicle trips could further increase traffic congestion on Midas Avenue. With respect to vehicle queuing and the proposed Midas Avenue driveway, staff concluded that during an active train crossing, the right-in/right-out driveway on Midas Avenue would effectively be blocked by already queued traffic and as a result, any vehicles exiting the site during a train event would be required to queue on site rather than on the public street. It is also noted that there are other locations in Rocklin, specifically at Midas/Second Street, Rocklin Road/Railroad Avenue, Rocklin Road/Front Street and Farron Street/Front Street, where similar conditions exist in that automobiles arrive at a street where cars are queued because of an active train crossing.
With regard to the concern about potential illegal left turns out of the project’s Midas Avenue driveway, on August 5, 2026, City staff and the project applicant discussed the site’s operational conditions and determined that modifications to the conditions of approval would be appropriate to require additional improvements. In consultation with the City Engineer, condition of approval 5.c.1 was revised to include an extended median and the installation 1029
of a directional sign stating “No Left Turn” at the Midas Avenue driveway to discourage and prevent unauthorized turning movements.
Additionally, the Institute of Transportation Engineers (ITE) Trip Generation Manual, which provides credible and consistent trip generation data recognized throughout the transportation industry, identifies that affordable housing developments generate substantially fewer trips than comparable mid-rise (4–10 stories) multifamily housing developments. Overall, the Midas Apartments project is anticipated to generate fewer vehicle trips than a market-rate multifamily development of comparable size.
Summary of August 25, 2026 City Council Hearing and Action:
On August 25, 2026, the City Council (Council) considered the proposed project. Following presentations by staff and the applicant team, the Council opened the public hearing. Twenty members of the public provided comments on the Design Review request, expressing concerns regarding the project’s height and density, the number of proposed parking spaces, traffic impacts, impacts on the nearest school, and public safety. Following public comment, the Council discussed the project and asked the applicant team several questions, including questions regarding parking, building mass, and density. After further discussions, the Council continued the item to October 13, 2026.
Following the August 25th hearing, the applicant submitted a revised site plan and a Parking Enforcement Plan. The revised site plan provides 25 additional parking spaces for a total of 406 onsite vehicle parking spaces. A condition of approval (Condition 20.a) has also been added to allow for an administrative process to modify elements of the project’s parking lot design as additional plans, including utility plans, are developed and coordinated with the parking lot design. The applicant provided the revised plans as conceptual, as the various other project plans will need to be revised to ensure that the additional parking can be provided as proposed.
The updated site plan showing the revised parking layout (dated September 17, 2026), and an updated Parking Enforcement Plan (dated September 23, 2026) are included as Exhibits 5 and 6, respectively, to the agenda report.
Site Background:
The 7.1-acre vacant site is made up of five (5) undeveloped parcels that front on Pacific Street and Midas Avenue. Union Pacific Railroad tracks abut the property on the westerly side. A light industrial facility is located to the northeast of the project site. When that facility was constructed, a six-foot tall masonry wall was required to be constructed along the shared boundary to screen the storage yard from the project site. The site slopes slightly from Pacific Street down toward the Union Pacific Railroad tracks. There are twenty-three (23) oak trees located on and/or immediately adjacent to the project site. Curb, gutter, and sidewalk are existing along the Pacific Street and Midas Avenue frontages. Pacific Gas and Electric (PG&E) has easements along the westerly portion of the site to accommodate a major electric transmission line that parallels the railroad tracks. The line runs underground through the downtown area and surfaces on the project site where it converts to overhead line.
The project site was a portion of the original area included within the city boundaries when the City of Rocklin was incorporated in 1893. A lumber yard operated on the site for several years, but closed in the early 1990s. The structures related to the lumber yard were later demolished and the site has been vacant since. Previous entitlements on the parcel include the ZL Rocklin Project, approved on June 24, 2008, which included a 140-unit multi-family development, and the Rocklin Gateway Project, which included a 204-unit multi-family 1030 development, approved on June 13, 2017. Although both of the Design Review entitlements have since expired, the Rocklin Gateway General Development Plan and the associated zoning remain in effect on the project site.
Surrounding Uses:
Existing land uses surrounding the project site include United Rentals to the northeast, retail and commercial service uses to the east and south, and the Union Pacific Railroad tracks and property to the west. Single-family residential neighborhoods are located further to the west, south, and east. See Table 1 and Figure 3.
Table 1. Surrounding Uses
General Plan Zoning Existing Land Use
Project
Site
High Density
Residential (HDR)
Planned Development Residential –
33 Dwellings Per Acre (PD-33) and
Residential Minimum Density
Overlay Zone – Residential, 24+
Dwellings Per Acre (RMDO-R24+)
Vacant / Undeveloped
Land
North
Light Industrial (LI) /
Retail Commercial
(RC)
Planned Development – Light
Industrial (PD-LI)
United Rentals and
Union Pacific Railroad
(UPRR)
East
Mixed Use (MU) /
Retail Commercial
(RC)
General Service Commercial (C-3)
and C-3 / RMDO – Mixed Use, 24+
Dwellings Per Acre (RMDO -MU24+)
Accessory Structure
Sales, RV Sales, and
Car Wash
South
Mixed Use (MU) /
High Density
Residential (HDR)
Retail Business (C-2) / RMDO-R24+,
C-3 / RMDO-R24+, and General
Retail Service Commercial (C-4) /
RMDO-MU10+
Various Retail and
Commercial Service
Buildings
West Retail Commercial
(RC) Unclassified (UN) Union Pacific Railroad (UPRR)
1031
Figure 3. Existing General Plan and Zoning
General Plan/Zoning Compliance:
General Plan
The project site has a General Plan land use designation of High Density Residential (HDR), which is intended to provide areas for multi-family homes, conveniently near commercial uses, employment centers, arterial and collector streets and other intensive uses. Residential density must be developed with a minimum density of 15.5 units per acre. The project is a 281-unit multi-family development on an approximately 7.1-acre site. The proposed density is approximately 39.5 dwelling units per acre, which is consistent with the requirements of the HDR designation.
The site is identified in the City’s Housing Element’s Regional Housing Needs Allocation (RHNA) inventory as Site No. 1-16 to help meet State-mandated requirements for affordable housing. Development of the proposed 281-unit multi-family project would contribute toward achieving the City’s housing goals while activating a site that has historically remained underutilized. The project would provide 278 affordable housing units for households earning between 30 and 70 percent of the area median income (AMI), with an overall average affordability of approximately 60 percent AMI. The remaining three (3) units would be managers’ units. For reference, the current AMI in the Placer County/Rocklin area is $124,000 for a family of four and $86,800 for a single person, according to 2026 California Department of Housing and Community Development/United States Department of Housing and Urban Development (HCD/HUD)-based figures.
Project Site
1032
Zoning
The project site is zoned Planned Development Residential – 33 Dwellings Per Acre (PD-33) within the Residential Minimum Density Overlay – Mixed Use (RMDO-R24+) zone, and is located within the Rocklin Gateway General Development Plan (GDP). The PD-33 zoning requires that if the site is developed with residential uses, a minimum density of 33 dwelling units per acre must be achieved. As proposed, the project is consistent with the development standards of the Gateway General Development Plan (Ordinance No. 1068), with the exception of parking requirements (waived by AB 2097, which is discussed further below), and the special requirements for an enhanced façade along Midas Avenue and Pacific Street. Pursuant to the Housing Accountability Act (Government Code Section 65589.5), development standards imposed on a housing development project must be based on objective standards that are clearly defined and uniformly applicable. The term "enhanced" is subjective and does not constitute an objective development standard.
The RMDO-R24+ overlay specifies that residential development must comply with the use regulations and development standards set forth in Chapter 17.40 (R-3 Zone) of the Rocklin Municipal Code (RMC). Under this chapter, multi-family residential development is generally permitted by right.
The proposed project consists of a 281-unit multi-family development on approximately 7.1 acres, resulting in a density of approximately 39.5 dwelling units per acre. This density complies with the RMDO-R24+ overlay requirements, and the project is consistent with the applicable RMDO-R24+ overlay development standards.
Design Review:
Pursuant to the City of Rocklin Municipal Code (Chapter 17.72), Design Reviews are discretionary entitlements that provide an opportunity for the City and outside agencies to analyze proposed development, determine if the proposal is consistent with applicable land use designations, zoning, other applicable codes, as well as architectural and site design standards. Staff analyzes the site design; access, circulation, and parking; landscaping; walls and fences; architecture; and signage for compliance with the Citywide Design Review Criteria and other City codes and standards such as the provision of adequate on-site parking. Design Review is by and large the analysis of the aesthetics of a development and how it fits within the context of the surrounding area. Additionally, for those projects within Architectural Review Districts, the Architectural Review Committee reviews and recommends to the Planning Commission approval of a project that meets the minimum requirements for the specific District.
Historically, staff and the Planning Commission, and occasionally the City Council, have been charged with reviewing development proposals as noted above, for consistency with land use, zoning, and design review guidelines, and for compatibility with surrounding development. When establishing land use and zoning designations on a broad scale, such as during the development or update of a City-wide General Plan, or on a slightly lesser scale during the development or update of a General Development Plan, overall factors such as land use balance, compatibility and fiscal considerations are analyzed and considered.
Generally speaking, projects that involve only Design Review entitlements are analyzed specific to the items discussed in the above paragraph and do not involve review of land use balance or fiscal considerations such as the desirability of a particular use in support of the overall long-term economic goals of the City.
1033
The Rocklin Municipal Code (RMC) requires that all new construction of multi-family structures and all related site improvements associated with multi-family residential require design review application and approval [Section 17.72.020(A)(1)]. It also requires that any residential building with a height of greater than thirty feet, or more than two stories, requires the Planning Commission to make a recommendation to the City Council, and that the City Council shall be the body to either approve, approve with conditions, or deny any application for design review [Section 17.72.070(B)(2)].
Per Section 17.72.070(C) of the RMC, any decision by the design review board or the council on a design review application shall be based on consideration of the following:
1. Relationship between the site design and the surrounding development, natural features and constraints and traffic flow;
2. Height, bulk and area;
3. Orientation of buildings and structures (with emphasis on energy consumption for heating, cooling, lighting);
4. Color scheme and materials;
5. Style, type and orientation of lighting;
6. Dimensions and placement of signs and graphics;
7. Landscaping (with emphasis on aesthetics, use of water and maintenance needs);
8. Parking design, including ingress and egress patterns;
9. Other design review criteria, which may be adopted from time to time by resolution of the council.
The following sections below provide review and analysis for each of these areas of consideration for this proposal. Staff has also evaluated the proposal for consistency with the City’s Citywide Residential Objective Design Standards, and found the proposal to be consistent with these standards and/or staff has included applicable conditions of approval to ensure compliance with these standards.
General Design and Site Layout
The proposed project consists of three (3) four-story residential buildings totaling 281 units, along with 356 surface parking spaces and associated landscaping (Figure 4). Amenities include an amenity space/community center, teen room, tot lot, outdoor area, and pet area.
The units range from one- to three-bedroom configurations, including one hundred and ten (110) one-bedroom units (approximately 559 square feet each), seventy-three (73) twobedroom units (approximately 732 to 818 square feet each), and seventy-eight (78) threebedroom units (approximately 1,026 to 1,170 square feet each). 1034
Figure 4. Site Plan
Access and Circulation
Vehicular access to the project would be provided by two new driveways, one on Pacific Street and one on Midas Avenue. Internal drive aisles would connect these entrances to all proposed parking areas and buildings. Because of a center median on Midas Avenue, all turn movements at this entrance would be restricted to right-in/right-out. On Pacific Street, a full-access driveway is proposed. The existing opposing left-turn pockets will be reconstructed as a continuous two-way left-turn lane within the center median.
Project Phasing
Based on information provided by the applicant, the proposed project is anticipated to be constructed in a single phase over an approximately twenty-four (24) month period. 1035
Utilities
The proposed project would include construction of lateral connections to the existing utility (water, sewer, and storm drain) systems. Consistent with South Placer Municipal Utility District (SPMUD) and Placer County Water Agency (PCWA) standards, the proposed sewer line and water line connections are along the existing infrastructure on Pacific Street. Water connections also include connection to public lines in Midas Avenue. All project utilities have been reviewed by applicable agencies and departments, and have been determined to be consistent with applicable standards and requirements.
Building Architecture
The project consists of three residential buildings. Buildings 1 and 2 (Type A) are each 64,740± square feet, while Building 3 (Type B) is 133,168± square feet. Buildings 1 and 2 are located along Midas Avenue and Pacific Street, Building 3 is centrally located on the interior of the site. Exterior materials include board-and-batten siding and cement plaster.
Three coordinated exterior color schemes are proposed. An off-white and light gray palette utilizes Dunn-Edwards "Whisper" (Plaster 1) and "Gray Pearl" (Plaster 2) on projecting building modules to emphasize architectural articulation. An earthy sage green, DunnEdwards "Greenland" (Plaster 3), provides an organic accent color across portions of the building façades. A dark charcoal/slate gray, Dunn-Edwards "Stonish" (Plaster 4), is applied at the ground level and on select recessed vertical elements to establish a strong visual base.
Building elevations are included as Figures 5 through 8. The colors and materials are included as Figure 9.
Building Height
The maximum building height within Rocklin Gateway General Development Plan (GDP) area is 60-feet. The proposed apartment buildings are four stories with an overall maximum height of approximately 48-feet. Parapets are designed to screen mechanical equipment and rooftop photovoltaic panels from ground-level views.
Figure 5. Building 1 and 2 (Type A)
1036
Figure 6. Building 3 (Type B)
Figure 7. Building 3 (Type B - Courtyard)
1037
Figure 8. Pacific Street Perspective
Figure 9. Colors and Materials
Parking
The project’s parking design has been revised twice during the project review and public hearing process in response to concerns regarding the amount of onsite parking provided.
As originally presented in the initial project application submitted March 23, 2026, the project proposed a total of 356 uncovered parking spaces or 1.26 parking spaces per unit. The parking includes 43 accessible parking spaces, representing approximately 15 percent of the 1038
total parking supply. Nineteen (19) parking spaces will be equipped with electric vehicle (EV) charging stations, and an additional 221 spaces will be EV-ready. The project also includes 10 bicycle parking spaces.
Prior to the August 25 2026 City Council meeting, in response to concerns about an inadequate number of parking spaces being provided, the applicant revised the site plan by eliminating some previously planned landscape areas to increase the project's parking supply by 25 additional parking spaces to a total of 381 onsite vehicle parking spaces. The addition of 25 parking spaces increased the parking ratio from approximately 1.26 spaces per unit to approximately 1.35 spaces per unit.
Following the August 25 2026 City Council meeting, and based upon the same concerns expressed at that meeting by both the public and City Council regarding an inadequate number of parking spaces being provided, the applicant revised the site plan again by eliminating 20 previously planned parking lot planters and by reducing the width of all onsite parking spaces by 6-inches to increase the project’s parking supply by an additional 25 parking spaces to a total of 406 onsite vehicle parking spaces. The addition of 25 parking spaces increased the parking ratio from approximately 1.35 spaces per unit to approximately
1.44 spaces per unit. See Figure 10. Although there are provisions in the Citywide Design Review Guidelines regarding how parking lots should be shaded, staff is supportive of the applicant’s efforts to increase the number of on-site vehicle parking spaces by reducing some of the previously planned landscape areas.
Figure 10. Revised Parking Exhibit
1039
Municipal Code Parking Requirements
RMC Section 17.66.020 specifies parking requirements for apartments, mandating:
One and a half (1.5) paved parking spaces per unit for studio and one-bedroom units. Two (2) paved parking spaces per unit for two- or more bedroom units. An additional 25% paved visitor parking spaces, with at least one (1) covered parking space per unit.
Based on these requirements, the project would be required to provide the following:
Table 2 – City Parking Requirements
Project
Units
Ratio of Parking Spaces
Required
Total Parking Spaces
Required
1 bedroom 110 1.5 spaces / unit 165 spaces
2+ bedroom 171 2.0 spaces / unit 342 spaces
Guest -- 0.25 spaces / unit 71 spaces
Total 281 -- 578 spaces
Assembly Bill 2097 (AB 2097)
AB 2097, effective January 1, 2023, limits the ability of local agencies to require minimum automobile parking for development projects located within one-half mile of a major transit stop.
The law provides that a city or county shall not impose or enforce a minimum parking requirement on qualifying residential development.
The Rocklin Amtrak Station is currently served by approximately two scheduled passenger train stops per day and is located approximately 0.39 miles from the project site. Although the level of rail service is limited, HCD has issued Technical Advisory guidance stating that an existing rail transit station qualifies as a "major transit stop" for purposes of AB 2097 regardless of service frequency. Accordingly, despite the limited number of daily train stops, the Rocklin Amtrak Station is considered a major transit stop under AB 2097, and qualifying development projects located within one-half mile of the station are generally not subject to local minimum parking requirements unless one of the statutory exceptions applies. Staff has reviewed the exceptions and determined that none of them apply to the project.
State Housing Law Incentives / Concessions
The project utilizes various California state housing laws, including but not limited to the Housing Accountability Act (HAA) and the State Density Bonus Law. Under these legislations, local agencies are prohibited from enforcing subjective development standards against qualifying housing developments. Furthermore, because the Midas Apartments is an affordable housing project, the State Density Bonus Law grants the development the right to receive five (5) incentives or concessions from objective development standards.
Specifically, the proposal is requesting the following Incentives/concessions:
1. proposing standard parking stalls of 8.5’ x 18’ where 9’ x 19’ is normally required, and
2. requesting an allowance of a 2-foot bumper overhang into adjacent planters, where wheel stops placed 2-feet at the front of the parking stall are normally required. 1040
The applicant states that adhering strictly to the City's standard parking dimension requirements would physically preclude the development of the project.
Landscape and Open Space
The proposed landscape plan includes a diverse palette of drought-tolerant trees, shrubs, groundcovers, ornamental grasses, and turf that are generally appropriate for the local climate and consistent with the project's landscape objectives. Plant species include a variety of California native and climate-adapted species such as California fuchsia, California coffeeberry, dwarf toyon, grevillea, bottlebrush, deer grass, giant wild rye, and coast rosemary. Groundcover areas incorporate low-water-use species including coyote brush, Carmel creeper, coprosma, trailing myoporum, catmint, and baby bliss flax lily. Turf is limited to areas utilizing a drought-tolerant fescue blend, while the SPMUD easement along Pacific Street is landscaped with native meadow turf and compatible shrubs. Overall, the proposed plant palette emphasizes water conservation, year-round visual interest, and habitat value while providing a mix of evergreen and flowering species throughout the site.
The project includes a centrally located outdoor amenity area designed to provide recreational and gathering opportunities for residents. The primary courtyard features a community pool with a surrounding patio, picnic tables, bench seating, a shade pergola, and open lawn areas. A children's play area with engineered fiber safety surfacing is also provided within the courtyard, along with bike racks to encourage bicycle use. Additional outdoor amenities include a pet relief area with turf and a concrete walking path, stabilized decomposed granite pathways, decorative cobble paving, and landscaped open spaces throughout the development. These amenities are integrated with landscaping, shade trees, and pedestrian walkways to create an attractive and functional environment for residents while supporting outdoor recreation and social interaction. See Figure 11.
Figure 11. Preliminary Landscape Plan
1041
Fencing and Walls
The project is not proposed to be gated. Open metal fencing is proposed between Building A and Building B to restrict pedestrian access through the landscape area. Retaining walls are proposed along Pacific Street and along the border of the Union Pacific property, parallel to the railroad track. See Figures 12 and 13.
Figure 12. Tubular Metal Fence
Figure 13. Proposed Retaining Wall
1042
Environmental:
PED Solutions, Inc., has prepared a CEQA Guidelines Section 15183 Consistency Checklist for the project (Attachment 1). This checklist and attached supporting documents, including the Mitigation Monitoring and Reporting Program (MMRP), have been prepared to determine whether and to what extent the Project is consistent with the certified Environmental Impact Report for the General Plan [General Plan Final EIR (FEIR), State Clearinghouse (SCH) No. 2008072115] and subsequent addenda, prepared for the City of Rocklin and to evaluate whether there are project-specific effects that are peculiar to the proposed project or its site in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code [PRC], § 21000, et seq.), including, but not limited to, the City of Rocklin 2021-2029 Housing Element Program 10 – Alternative Sites (ENV2025-0009, GPA2024-0001, Z2025-0001), adopted on August 26, 2025 via Resolution No. 2025-190.
A trip generation analysis was prepared by EPD Solutions, Inc. to determine whether a Vehicle Miles Traveled (VMT) analysis would be required for the proposed project. The analysis used trip rates for Land Use Code 223 (Affordable Housing) from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 12th Edition. As shown in Table 1, the proposed Project is anticipated to generate 1,352 daily trips, with 101 trips occurring during the AM peak hour and 129 trips occurring during the PM peak hour. Because the proposed project satisfies multiple screening thresholds under both applicable guidelines, this screening determination is presumed to result in a less-than-significant impact on VMT, and no further analysis is required.
CEQA Guidelines Section 15183 mandates that projects consistent with the development density established by existing zoning, community plan, or general plan policies for which a final EIR was certified (in this case, the General Plan FEIR and subsequent addenda) shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the proposed project or its site.
The Consistency Checklist concluded the proposed project is consistent with the development density established in the General Plan and is within the scope of the Prior FEIR and subsequent addenda and that no further CEQA documentation is required under Section 15183. The report also concludes that the proposed project is located within an area characterized by existing residential development and is consistent with the surrounding land use pattern. Residential development of the site was previously evaluated in the Addendum to the Prior FEIR, which determined that such development would not result in new or more severe environmental impacts related to land use or zoning beyond those already analyzed, and that no additional CEQA review was required.
The proposed project does not introduce land uses, densities, development intensities, or site characteristics that would result in impacts peculiar to the project or its location. The project’s development parameters fall within the range of conditions evaluated at a programmatic level in the Prior FEIR, and no project-specific impacts have been identified that would be more severe or different in nature.
The project would not result in new or substantially more severe off-site or cumulative impacts, as it represents development anticipated under the General Plan buildout scenario analyzed in the Prior FEIR. No substantial new information has been identified that would alter the conclusions of the Prior FEIR or require new mitigation measures. 1043
The Section 15183 Consistency Checklist demonstrates that: (1) no peculiar impacts have been identified that were not previously analyzed; (2) no new significant off-site or cumulative impacts would occur; (3) no new information indicates more severe impacts; and (4) no additional mitigation measures are required, as all impacts would be less than significant.
Recommendation:
Based on the analysis above, the proposed project is overall consistent with the applicable Citywide Design Guidelines and Objective Design Standards. The proposed project is also consistent with the High Density Residential (HDR) General Plan land use designation, the RMDO-R24+ overlay and the Planned Development Residential – 33 Dwellings Per Acre (PD-33) zoning, and is located on a site identified by the City Council as part of the City’s State-mandated RHNA inventory.
Based on these considerations, the Planning Commission and staff find that the project is consistent with the applicable land use policies and zoning requirements, and recommends the City Council adopt resolutions approving a Notice of Exemption and a Design Review. 1044
Pacific and Midas Apartments
Project
CEQA Guidelines Section 15183
Consistency Analysis and Checklist
Lead Agency:
City of Rocklin
3970 Rocklin Road,
Rocklin, CA 95677
Project Applicant:
Cypress Equity Investments
12121 Wilshire Blvd, Suite 801
Los Angeles, CA 90025
CEQA Consultant:
3333 Michelson Drive, Suite 500
Irvine, CA 92612
July 2026
1045
This page intentionally left blank.
1046
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin i
Contents
1. INTRODUCTION AND PURPOSE ..................................................................................................1
1.1. PROJECT SUMMARY ..................................................................................................................1
1.2. PURPOSE....................................................................................................................................1
1.3. OVERVIEW OF CEQA GUIDELINES SECTION 15183 ...................................................................1
1.4. INTENT OF CEQA GUIDELINES SECTION 15183 .........................................................................2
1.5. GENERAL PLAN UPDATE PROGRAM EIR....................................................................................4
1.6. DETERMINATIONS .....................................................................................................................4
1.7. GENERAL PLAN MITIGATION MEASURES ..................................................................................4
2. EXISITING CONDITIONS..............................................................................................................9
2.1. PROJECT LOCATION...................................................................................................................9
2.2. EXISTING LAND USE...................................................................................................................9
2.3. EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS .........................................9
2.4. SURROUNDING LAND USES.....................................................................................................10
3. PROJECT DESCRIPTION.............................................................................................................21
3.1. PROJECT OVERVIEW................................................................................................................21
3.2. PROJECT FEATURES .................................................................................................................21
3.3. CONSTRUCTION.......................................................................................................................24
3.4. DISCRETIONARY ACTION CHECKLIST .......................................................................................24
4. EXECUTIVE SUMMARY.............................................................................................................33
5. ENVIRONMENTAL CHECKLIST FORM.........................................................................................34
5.1. BACKGROUND .........................................................................................................................34
5.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................................35
5.3. ENVIRONMENTAL FACTORS CONCLUDED TO BE NO IMPACT IN THE GENERAL PLAN EIR.....35
5.4. DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)...............................................36
6. ENVIRONMENTAL ANALYSIS ....................................................................................................37
6.1. AESTHETICS..............................................................................................................................37
6.2. AGRICULTURE AND FORESTRY RESOURCES ............................................................................43
6.3. AIR QUALITY ............................................................................................................................48
6.4. BIOLOGICAL RESOURCES.........................................................................................................57
6.5. CULTURAL RESOURCES............................................................................................................69
6.6. ENERGY....................................................................................................................................74
6.7. GEOLOGY AND SOILS...............................................................................................................79
6.8. GREENHOUSE GAS EMISSIONS................................................................................................89
6.9. HAZARDS AND HAZARDOUS MATERIALS ................................................................................95
6.10. HYDROLOGY AND WATER QUALITY ......................................................................................108
6.11. LAND USE AND PLANNING ....................................................................................................118
6.12. MINERAL RESOURCES............................................................................................................121
6.13. NOISE.....................................................................................................................................123
6.14. POPULATION AND HOUSING.................................................................................................133
6.15. PUBLIC SERVICES ...................................................................................................................137 1047
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin ii
6.16. RECREATION..........................................................................................................................144
6.17. TRANSPORTATION.................................................................................................................148
6.18. TRIBAL CULTURAL RESOURCES..............................................................................................156
6.19. UTILITIES AND SERVICE SYSTEMS..........................................................................................160
6.20. WILDFIRE ...............................................................................................................................169
7. DOCUMENT PREPARERS AND CONTRIBUTORS .......................................................................175
8. REFERENCES ..........................................................................................................................176 Tables
TABLE 1-1: SURROUNDING EXISTING LAND USE, GENERAL PLAN DESIGNATIONS, AND ZONING DESIGNATIONS ..............10 TABLE 2-1: RESIDENTIAL UNIT SUMMARY ...........................................................................................................22 TABLE 2-2: CONSTRUCTION SCHEDULE ...............................................................................................................24 TABLE AQ-1: PCAPCD REGIONAL DAILY EMISSIONS THRESHOLDS..........................................................................50 TABLE AQ-2: PROJECT CONSTRUCTION EMISSION ESTIMATES ................................................................................51 TABLE AQ-3: REGIONAL PROJECT OPERATIONAL EMISSIONS ..................................................................................53 TABLE GHG-1: PROJECT CONSTRUCTION GHG EMISSIONS ....................................................................................92 TABLE GHG-2: TOTAL PROJECT GHG EMISSIONS.................................................................................................92 TABLE POP-1: POPULATION TRENDS (PLACER COUNTY)......................................................................................134 TABLE POP-2: POPULATION TRENDS (CITY OF ROCKLIN) .....................................................................................134 TABLE TRA-1: PROPOSED PROJECT TRIP GENERATION ........................................................................................149 Figures
FIGURE 2-1: REGIONAL LOCATION .....................................................................................................................11 FIGURE 2-2: LOCAL VICINITY .............................................................................................................................13 FIGURE 2-3: AERIAL VIEW ................................................................................................................................15 FIGURE 2-4: GENERAL PLAN LAND USE...............................................................................................................17 FIGURE 2-5: ZONING DESIGNATION....................................................................................................................19 FIGURE 3-1: CONCEPTUAL SITE PLAN .................................................................................................................25 FIGURE 3-2A: BUILDING TYPE A ELEVATIONS .......................................................................................................27 FIGURE 3-2B: BUILDING TYPE B ELEVATIONS .......................................................................................................29 FIGURE 3-3: CONCEPTUAL LANDSCAPE PLAN .......................................................................................................31 1048
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin iii
Appendices
APPENDIX A AIR QUALITY, ENERGY, AND GREENHOUSE GAS IMPACT ANALYSIS
APPENDIX B GENERAL BIOLOGICAL ASSESSMENT
APPENDIX C GEOTECHNICAL ENGINEERING STUDY UPDATE
APPENDIX D PHASE I ESA
APPENDIX E PHASE II ESA
APPENDIX F NOISE AND VIBRATION IMPACT ANALYSIS
APPENDIX G VEHICLE MILES TRAVELED SCREENING
1049
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin iv
This page intentionally left blank.
1050
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 1
1. INTRODUCTION AND PURPOSE
1.1. PROJECT SUMMARY
The proposed Project consists of the development of a 100 percent affordable multifamily residential community on an approximately 7.19-acre site located north of Midas Avenue and west of Pacific Street in the City of Rocklin. The Project would construct approximately 281 residential units within three fourstory buildings, resulting in a density of approximately 39 dwelling units per acre. Proposed improvements include surface parking, internal circulation and fire access, landscaping, recreational amenities, utility infrastructure, stormwater facilities, and frontage improvements along Pacific Street and Midas Avenue.
1.2. PURPOSE
This Consistency Analysis and Checklist evaluates the potential environmental effects associated with construction and operation of the Pacific and Midas Residential project (proposed Project) against the City of Rocklin General Plan Environmental Impact Report (GP EIR) (State Clearinghouse Number [SCH] No. 2008072115), to determine if it is eligible for California Environmental Quality Act (CEQA) streamlining under Section 15183, Projects Consistent with a Community Plan or Zoning, of the CEQA Guidelines. The proposed Project is being processed through the following development applications:
• Design Review. In accordance with Chapter 17.72.020 (Design Review-When Required) of the Rocklin Municipal Code, the proposed Project will require Design Review approval from the City of Rocklin. • Oak Tree Preservation Permit. In accordance with Chapter 17.77.100 (Oak Tree Preservation Guidelines) of the Rocklin Municipal Code, the proposed Project will require an Oak Tree Preservation Permit from the City of Rocklin.
1.3. OVERVIEW OF CEQA GUIDELINES SECTION 15183
As set forth in California Public Resources Code (PRC) Section 21083.3(b) and CEQA Guidelines Section 15183(a), projects that are “consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” CEQA Guidelines Section 15183(c) further states that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards […] then an additional EIR need not be prepared for the project solely on the basis of that impact.”
In Wal-Mart Stores, Inc. v. City of Turlock, 138 Cal.App.4th 273 (2006), the court interpreted the terms “peculiar to” and “project-specific” as used in CEQA Guidelines Section 15183. The court explained that an environmental effect is peculiar to a project if the physical change “belongs exclusively or especially to” that project or is “characteristic of only” that project. The court then stated, “The foregoing construction of the terms ‘peculiar to’ and ‘project-specific’ promotes efficiency by reducing delay and needless paperwork and, therefore, is consistent with the purpose underlying the streamlined review of Guidelines section 15183.”
1051
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 2
Similarly, in Gilroy Citizens for Responsible Planning v. City of Gilroy, 140 Cal.App.4th 911 (2006), the court upheld the City’s reliance on CEQA Guidelines Section 15183 where the project’s air quality impacts had already been analyzed in the applicable General Plan EIR and there were no project-specific characteristics that made the prior analysis inadequate. The court recognized that, under Section 15183, the project’s air quality effects required no further project-level environmental analysis because those effects had already been evaluated at the program level. This supports the use of Section 15183 as an exemption from additional environmental review for impacts that are not peculiar to the project or its site and that were adequately addressed in the prior EIR.
Section 15183 implements Public Resources Code Section 21083.3, which courts have described as a statutory exemption from CEQA. More recently, the court in Hilltop Group, Inc. v. County of San Diego explained that Guidelines Section 15183 “effectuates the statutory exemption in section 21083.3” and therefore functions as a CEQA statutory exemption. The court also clarified that Section 15183 may operate as a partial exemption, limiting additional environmental review to effects that are peculiar to the project or its site, were not adequately addressed in the prior EIR, or are otherwise subject to further review under Section 15183. Accordingly, the use of the term “exemption” in this Consistency Analysis is appropriate..
1.4. INTENT OF CEQA GUIDELINES SECTION 15183
CEQA Guidelines Section 15183 may apply to exempt projects from additional environmental review that are consistent with the development density established by existing General Plan and zoning for which an Environmental Impact Report (EIR) was certified. Further, the exemption provides that if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for the project solely on the basis of that impact.
CEQA Guidelines Section 15183 specifies that examination of environmental effects shall be limited to those effects that:
1. Are peculiar to the project or the parcel on which the project would be located;
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent;
3. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
4. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
CEQA Guidelines Section 15183(i)(2) states that, “For the purposes of this section, ‘consistent’ means that the density of the proposed Project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project complies with the density-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for its density standard, the project shall be consistent with the applicable plan.” This Consistency Analysis and Checklist is used to provide substantial evidence that the proposed Project qualifies for the Section 15183 exemption. 1052
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 3
Specifically, the Project qualifies for the exemption because the following findings can be made:
1. The Project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. The proposed Project would develop 281 multi-family units within three 4-story buildings. On August 26, 2025, the City of Rocklin approved GPA2024-0001 and Resolution No. 2025-191 which changed the land use designation of the Project site from Mixed Use (MU) to High Density Residential (HDR). The Mixed Use designation allows for residential development at a density between 10 -40 dwelling units per acre. The site is currently zoned Planned Development Residential – 33 dwelling units per acre (PD-33) by the zoning map, which allows flexible, master-planned development of a site using customized standards and a mix of uses to achieve creative design, preserve open space, and ensure coordinated, large-scale development.
The Project site is also within a Residential Minimum Density Overlay (RES-24+) which mandates that residential development on designated parcels be constructed at a minimum density of 24 dwelling units per acre, supporting high-density multifamily housing. The proposed development, including the density bonus units, would result in a density of 39 dwelling units per acre and is consistent with the residential land use and development intensity analyzed in the GP EIR and zoning framework.
2. There are no Project-specific effects which are peculiar to the Project or its site. The Project site is currently vacant and undeveloped, and surrounded by mixed use and commercial development to the south, east, and west and railroad tracks followed by industrial uses to the north. The site does not contain any sensitive or unique environmental features that would result in unusual environmental effects. The proposed Project would not result in any site-specific effects that differ from those analyzed in the GP EIR. The proposed Project includes typical residential infrastructure improvements, such as private streets, sidewalks, drainage basins, utility connections, and landscaped open space, consistent with nearby development.
3. There are no significant effects which were not analyzed in the GP EIR. As further detailed in the CEQA Consistency Analysis and Checklist, the potential environmental impacts of the proposed Project were adequately addressed in the GP EIR. The GP EIR identified that the GP would have significant and unavoidable environmental effects related to aesthetics, air quality, biological resources, cultural resources, climate change and greenhouse gas emissions, noise, and transportation. The proposed Project would not result in new or more severe impacts than those previously analyzed.
4. There are no potentially significant off-site and/or cumulative impacts that were not evaluated in the GP EIR. The proposed Project is consistent with the density and land use characteristics of the development considered by the GP EIR and would represent a small part of the growth that was forecasted for build-out of the GP. The GP EIR considered the incremental impacts of the Project, and, as explained further in the CEQA Consistency Analysis and Checklist below, no potentially significant off-site or cumulative impacts have been identified, which were not previously evaluated.
5. There is no substantial new information which would result in more severe impacts than anticipated in the GP EIR. There is no new information of substantial importance that would change the conclusions of the GP EIR. The physical conditions of the site and surrounding area remain consistent with what was analyzed in 2011. There have been no substantial changes to the regulatory framework that would result in new or more severe impacts. As demonstrated in the CEQA Consistency Analysis and Checklist, the proposed Project does not introduce new impacts or increase the severity of previously disclosed impacts.
1053
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 4
6. The Project will implement applicable Mitigation Measures identified in the GP EIR.
As explained in the Consistency Analysis below, the proposed Project will undertake feasible Mitigation Measures specified in the GP EIR through Project design, compliance with regulations and ordinances, the Project’s Conditions of approval, and City permit processing.
1.5. GENERAL PLAN UPDATE PROGRAM EIR AND HOUSING ELEMENT
ADDENDUM
On October 10, 2012, the City Council certified the City of Rocklin General Plan Draft EIR SCH No. 2008072115 (GP EIR) and adopted the City of Rocklin General Plan Update (General Plan). [https://www.rocklin.ca.us/post/draft-general-plan-update-environmental-impact-report-0].
On August 26, 2025, the City Council approved the Addendum to the General Plan 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for RHNA by Resolution No. 2025-190.
1.6. DETERMINATIONS
In each of the environmental topics, the proposed Project impacts are compared to the impacts as disclosed in the GP EIR. In all instances, the proposed Project’s impacts must be less than, or equal to, the environmental impacts disclosed in the GP EIR. If the impact is potentially greater than disclosed in the GP EIR, Section 15183(f) of the CEQA Guidelines allows the City to apply previously adopted “uniformly applied development policies or standards” that will “substantially mitigate that environmental effect when applied to future projects.” If the impact cannot be mitigated to less than significant, this exemption cannot be used to consider the proposed Project.
1.7. GENERAL PLAN MITIGATION MEASURES
The GP EIR contains several mitigation measures that are designed to address a wide range of project types. Each proposed Project is unique and may not need the full list of mitigation measures adopted as part of the GP EIR. If a GP EIR mitigation measure is not needed, this fact will be reported in the analysis, with evidence explaining why the measure does not apply to the proposed Project. Likewise, if the technical studies prepared for the proposed Project suggest applicable mitigation measures that are generated from, and build upon the mitigation framework established in the GP EIR, they will be discussed in the relevant sections. All mitigation measures will be included as conditions of approval and in a Mitigation Monitoring and Reporting Program (MMRP) if the proposed Project is approved.
1.8. UNIFORMLY APPLIED REGULATIONS
In accordance with CEQA Guidelines Section 15183, the Project is subject to numerous uniformly applied development policies, standards, and regulations adopted by the City of Rocklin and other applicable regulatory agencies that were considered in the environmental analysis of the City of Rocklin General Plan EIR. These requirements are applied consistently to qualifying development projects throughout the City and serve to avoid, minimize, or mitigate potential environmental impacts associated with project implementation. Applicable regulations include:
1054
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 5
California Building Standards Code Title 24-Structural and Seismic Standards. The proposed Project would be required to comply with the California Building Standards Code (California Code of Regulations [CCR], Title 24), including Part 2 (California Building Code), which establishes structural design and seismic safety requirements for buildings. These standards require structures to be designed to withstand seismic forces, incorporate appropriate foundation systems, and address site-specific geotechnical conditions.
California Endangered Species Act (CESA). The proposed Project would be required to comply with the California Endangered Species Act, which prohibits unauthorized take of State-listed threatened, endangered, and candidate species and requires consultation and/or take authorization from CDFW where impacts to such species could occur.
California Fish and Game Code Section 1602. The proposed Project would be required to comply with CDFW streambed alteration requirements if Project activities would substantially divert or obstruct the natural flow of, substantially change the bed, channel, or bank of, or deposit material into a stream, lake, or other feature subject to CDFW jurisdiction.
City of Rocklin Municipal Code Chapter, 17.96: Density Increase Incentive Program. City of Rocklin Development Code Chapter 17.96: Density Increase Incentive Program.
Implements the State Density Bonus Law (California Government Code Section 65915 et seq.) and allows eligible residential projects to receive density increases, concessions, and development standard waivers to facilitate affordable housing. The program ensures that such incentives are applied in a manner consistent with State law while maintaining compatibility with surrounding development through applicable design and development standards.
City of Rocklin Municipal Code Chapter 17.77. Oak Tree Preservation. The proposed Project would be required to comply with the City of Rocklin Oak Tree Preservation Ordinance, which regulates the removal of protected native oak trees and encroachment into protected oak tree zones. Compliance may include preservation, replacement planting, payment into the Rocklin Oak Tree Preservation Fund, dedication of land, or other requirements determined through the City’s development review process.
City of Rocklin Municipal Code Chapter 15.04.010: Building Code. The proposed Project would be required to comply with the City’s adopted Building Code, as outlined in Rocklin Municipal Code Chapter
15.04. This section adopts the most recent edition of the California Building Standards Code (Title 24), along with any local amendments, to ensure safe and structurally sound development. All building plans would be subject to plan check and permit review by the City’s Building and Safety Division to confirm compliance with applicable structural, electrical, plumbing, mechanical, fire safety, and energy efficiency standards. Adherence to these requirements would ensure that all new construction meets current safety and performance codes.
City of Rocklin Municipal Code Chapter 15.28: Grading, Erosion and Sediment Control. The proposed Project would be required to comply with Chapter 15.28, which requires preparation and approval of grading and erosion control plans and implementation of measures to minimize soil erosion and loss of topsoil during construction activities.
City of Rocklin Municipal Code Section 15.04.050: Fire Code. Adopts the 2025 edition of the California Fire Code (California Code of Regulations, Title 24, Part 9), including Fire-Flow Requirements for Buildings, 1055
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 6
Fire Hydrant Locations and Distribution, and Fire Apparatus Access Roads, and establishes minimum fire safety requirements applicable to all development. These standards address fire apparatus access, water supply, construction materials, vegetation management, and other fire prevention measures. Compliance is required for all projects and enforced by the Rocklin Fire Department.
City of Rocklin Municipal Code Chapter 8.30: Stormwater Runoff Pollution Control Ordinance. The Project would be required adhere to the City's Stormwater Runoff Pollution Control Ordinance to protect water quality by regulating discharges into the municipal separate storm sewer system (MS4) and local waterways. The ordinance is intended to ensure compliance with the federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit, and applicable State water quality requirements.
City of Rocklin Municipal Code Chapter 15.28: Grading, Erosion and Sediment Control. The Project would be required to prepare and implement grading and erosion control plans to minimize soil erosion, sedimentation, and runoff during construction.
City of Rocklin Municipal Code Chapter 15.16: Flood Hazard Ordinance. The Project would be required to comply with the City’s flood hazard regulations, which govern development within flood-prone areas and ensure that development does not increase flood hazards or impede flood flows.
City of Rocklin Municipal Code Section 9.52.030: Noise Standards. The proposed Project would be required to comply with the City of Rocklin noise standards regulating construction and operational noise levels. Compliance with these standards would be ensured through the City’s permitting and plan check review process.
City of Rocklin Municipal Code Section 3.16.410: Park Improvement Impact Fee. A development impact fee is established and collected at the time of building permit issuance for all residential development in the City to fund park facility improvements and expansions needed to serve new growth. The adopted fee study identifies the facilities to be funded and ensures that new development contributes its fair share toward park infrastructure.
City of Rocklin Municipal Code Section 3.16.420: Trails Impact Fee. A development impact fee is established on issuance of all building permits for residential development in the city to pay for trail facility improvements. The fee study dated April 18, 2022, identifies the facilities to be funded by the fee.
City of Rocklin Municipal Code Section 3.16.430: Community and Recreation Facilities Impact Fee. A development impact fee is established on issuance of all building permits for residential development in the city to pay for community and recreation facility improvements. The fee study dated April 18, 2022, identifies the facilities to be funded by the fee.
City of Rocklin Municipal Code Chapter 13.08: Solid Waste and Construction Refuse Collection. Requires adequate on-site solid waste and recycling facilities and regular collection services to ensure proper handling and disposal of refuse.
Clean Water Act Sections 401 and 404. The proposed Project would be required to comply with applicable federal requirements regulating the discharge of dredged or fill material into waters of the United States, if such resources are determined to be present or affected by Project activities. 1056
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 7
Federal Endangered Species Act (FESA). The proposed Project would be required to comply with the Federal Endangered Species Act, which prohibits unauthorized take of federally listed threatened and endangered species and requires consultation and/or take authorization where impacts to federally listed species could occur.
Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503, 3503.5, and 3513.
The proposed Project would be required to comply with the MBTA and California Fish and Game Code provisions protecting native birds, raptors, migratory birds, active nests, and eggs. Compliance may require avoidance of vegetation removal during the nesting season or pre-construction nesting bird surveys and appropriate avoidance buffers if construction occurs during the nesting season.
Municipal Separate Storm Sewer System (MS4) Permit Requirements. The Project would be required to comply with applicable MS4 permit requirements for post-construction stormwater management, including incorporation of site design, source control, and treatment control BMPs to reduce pollutants in stormwater runoff.
PCAPCD Rule 228 – Fugitive Dust. Requires implementation of dust control measures for construction activities capable of generating fugitive dust, including stabilization of disturbed areas, pre-watering, limiting vehicle speeds on unpaved surfaces, covering haul trucks, preventing track-out onto public roadways, and suspending grading during high wind conditions. Ensures particulate matter emissions (PM10 and PM2.5) are minimized and do not result in visible emissions beyond the project boundary.
PCAPCD Rule 205 – Nuisance. Prohibits the discharge of air contaminants, including odors, in quantities that cause injury, detriment, nuisance, or annoyance to a considerable number of persons or the public.
Provides regulatory enforcement to address objectionable odors and protect nearby sensitive receptors.
PCAPCD Rule 218 – Architectural Coatings. Limits volatile organic compound (VOC) content in paints and coatings used during construction and operation to reduce emissions that contribute to ozone formation and regional air quality degradation.
Placer County Flood Control and Water Conservation District (PCFCWCD) Flood Control Manual. The proposed Project would be required to design drainage improvements in accordance with PCFCWCD standards to ensure that post-development runoff does not exceed pre-development conditions and that downstream drainage systems are not adversely impacted.
Porter-Cologne Water Quality Control Act. The proposed Project would be required to comply with applicable State water quality requirements regulating discharges to waters of the State, if such resources are determined to be present or affected by Project activities.
State Water Resources Control Board Construction General Permit (NPDES). The proposed Project would be required to obtain coverage under the Construction General Permit and prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) to minimize pollutants in stormwater runoff during construction through Best Management Practices (BMPs).
Title 24, Energy Efficiency and Green Building Standards. The Project is required to be designed in accordance with the applicable Title 24 Energy Efficiency Standards and CALGreen standards (California Code of Regulations [CCR], Title 24, Part 6 and Part 11). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. 1057
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 8
2022 California Green Building Standards Code, Title 24, Part 11 (CALGreen). Section 5.408.1.1 Construction waste management plan. Newly constructed projects and additions and alterations to existing buildings shall recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition debris in accordance with Section 5.408.1.1. 1058
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 9
2. EXISITING CONDITIONS
2.1. PROJECT LOCATION
The Project site is within the southeastern portion of the City of Rocklin, Placer County, California. The Project site is located north of Midas Avenue, west of Pacific Street, and east of the Union Pacific train tracks in the City of Rocklin, Placer County, California. Regional access to the site is provided by Interstate 80 and State Route 65, while local access is provided by Pacific Street, Midas Avenue, and surrounding city streets. The site is located within a developed urban area of Rocklin and is served by existing transportation infrastructure. The Project site and surrounding area are shown in Figure 2-1, Regional Location, and Figure 2-2, Local Vicinity.
2.2. EXISTING LAND USE
The Project site encompasses 7.19 gross acres. The Project site consists of five parcels identified by Assessor’s Parcel Numbers (APNs) 010-010-017, 010-040-040, 010-010-016, 010-010-029, and 010-010- 028 and has an address of 4770 Pacific Street. The Project site primarily consists of vacant land. The Project site is relatively flat with a slight slope from the southwest to northeast; on average the elevation is approximately 265 feet above mean sea level (AMSL). Existing access to the Project site is provided by either Midas Avenue or Pacific Street. The Project site’s existing conditions are shown in Figure 2-3, Aerial View.
2.3. EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS On August 26, 2025, the City of Rocklin approved GPA2024-0001 and Resolution No. 2025-191 which changed the land use designation of the Project site from Mixed Use (MU) to High Density Residential (HDR). The City of Rocklin General Plan Land Use Element states that the HDR land use is meant to provide areas for multifamily homes, conveniently near commercial uses, employment centers, arterial and collector streets, and other intensive uses.
Effective July 13, 2017, the parcels that are part of the Project site are considered part of the Rocklin Gateway General Development Plan and are zoned Planned Development Residential – 33 dwellings per acre (PD-33), per Ordinance No. 1068. Furthermore, on September 9, 2025, the City of Rocklin approved Ordinance No. 1192, which applied the Residential Minimum Density Overlay district to the alternative sites identified for inclusion in the City’s Regional Housing Needs Allocation (RHNA); the Project site is among the parcels included in the RHNA. Thus, per Ordinance No. 1068 and Ordinance No. 1192, the Project site is zoned Planned Development – 33 dwellings per acre (PD-33) with a Residential Minimum Density Overlay of 24 dwelling units per acre (RES-24+). The PD-33 zoning allows for flexible, masterplanned development of a site using customized standards and a mix of uses to achieve creative design, preserve open space, and ensure coordinated, large-scale development. The RES-24+ overlay mandates that residential development on designated parcels be constructed at a minimum density of 24 dwelling units per acre, supporting high-density multifamily housing.
The Project site’s existing land use designation is shown in Figure 2-4, Existing General Plan Designation, and the existing zoning designation is shown in Figure 2-5, Existing Zoning Designation. 1059
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 10
2.4. SURROUNDING LAND USES
The existing land use, General Plan land use designation, and zoning for surrounding parcels are described in Table 1-1, Surrounding Existing Land Use, General Plan Designations, and Zoning Designations.
Table 1-1: Surrounding Existing Land Use, General Plan Designations, and Zoning Designations Existing Land Use General Plan Designation Zoning Designation North
Light industrial and retail
businesses, Union Pacific
Railroad tracks
Light Industrial (LI); Retail
Commercial (RC)
Planned Development Light
Industrial (PD-LI); Unclassified (UN)
South
Retail businesses, auto
repair shop, driving
school
Mixed Use (MU); High Density
Residential (HDR)
Limited General Retail and Service
Commercial Residential 24+(C4/RES24+); General Retail Services Commercial Mixed Use 10+ (C4/MU10+); Retail Business
Residential 24+ (C-2/RES24+); Retail
Business (C-2)
East RV dealership, carwash,
mobile home park
Medium Density Residential
(MDR); Mixed Use (MU); Retail
Commercial (RC)
General and Service Commercial
Zone Mixed Use 24+ (C-3/MU24+);
General and Service Commercial
Zone (C-3); Residential Single Family
5,000 SF Minimum Lots (R1-5)
West
Union Pacific Railroad
tracks; single-family
homes
Retail Commercial (RC);
Medium Density Residential
(MDR); High Density
Residential (HDR)
Unclassified (UN); Unclassified
Residential 24+ (UN/RES 24+);
Residential Single Family 5,000 SF
Minimum Lots (R1-5)
1060
Figure 2-1: Regional Location
U niversity
Ave
Roseville Byp
WHITNEY
Sunset Blvd
65 William Jessup
University
EBERG-KINGSWOOD
INDUSTRIAL
AREA EAST
HIGHLAND
RESERVE
VINEYARD
LOS
CERRITOS
Antelope Creek
W Oaks Bl v d
Ranc h View Dr
Wildc at Blvd
Park
Dr
Twelve Bri dg es Dr
Twelve Bridges Dr
E Joiner Pkwy
King Rd
E3
Whitney
Oaks Golf
Club
Catta
Verdera
Country
Club
Delmar Ave
Cavitt Stallman Rd
Granite
Dr
P ark Dr
Cr est Dr
Rawhide
Rd
W Oaks B lvd
Longv iew Dr
Taylor Rd
Pac ific
St
Sunset Blvd
Rocklin Rd
Blue
Oaks Blvd
E3
80 Sunset Whitney
Recreation Area
Sierra College
CREEKSIDE
STONERIDGE
DIAMOND
OAKS
STANFORD
STANFORD
CROSSING
SIERRA
VISTA
ROCKLIN
Eureka Rd
Olive Ranch Rd
HILLCREST
JOHNSON
RANCH
OLYMPUS
POINTE
LEAD HILL
ROSEVILLE
Secret Ravine C reek
Penryn Rd
Swet zer Rd
Colwell Rd
English Colony Way
Humphrey Rd
King Rd
PENRYN
Morgan Pl
Val Verde Rd
Laird R
B
d
arton Rd
Cavitt Stallman Rd
Brace Rd
LOOMIS
HIDDEN
VALLEY
Douglas Blvd
Eureka Rd
Douglas Blvd
Aubur n Folsom
Rd
GRANITE BAY
Lincoln
Loomis
Rocklin
Roseville
Unincorporated
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community
0 1 2
Miles
±
Legend
Project Location
Lincoln
Loomis
Rocklin
Roseville
Unincorporated
Pacific and Midas Apartments
1061
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 12
This page intentionally left blank.
1062
Figure 2-2: Local Vicinity
Sunset Whitney
Recreation
Area
son-Springview
Park
3rd Street
Antelope
Creek
Aitken Dairy Roa
S
d
kyline Drive
Northhaven Drive
Silver Street
Midas Avenue
Argonaut Avenue
Spring View
Middle School
B Street
Tuttle Drive
Sweetwater Drive
Mountain View Drive
High Street
San Francisco Street
A
mericana Way
Oak Street
East Midas Avenue
Antelope Way
Willowglen Way
5th Street
Front Street
Rocklin Road
Cedar Street
Granite Drive
Midas Avenue
Meyers Street
Argonaut Avenue
Sierra Meadows Drive
Pacific Street
UP Roseville
Subdivision
UP Roseville Subdivision
UP
Roseville
Subdivision
Antelope
Creek Falla
Wetland
Preserve
Quarry Park
Ruhkala Road
South Grove Street
Creekside Drive
Hidden Glen Drive
Winding
Lane
Farron Street
Alan S. Hart Freeway
UP Roseville
Subdivision
108
Del Rio Court
Rocklin Square
Shopping
Center
UP Roseville Subdivision
108
Secret Ra
vin
Sources: Map data © OpenStreetMap contributors, Microsoft, Esri e Community Maps contributors, Map layer by Esri
0 0.15 0.3
Miles
±
Legend
Project Boundary
Pacific and Midas Apartments
Pacific Street
Midas Avenue
Argonaut Avenue
Rocklin Road
80 1063
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 14
This page intentionally left blank.
1064
Figure 2-3: Aerial View
0 125 250
US Feet
±
Legend
Project Boundary
Pacific and Midas Apartments
Pacific Street
Midas Avenue
Created with Vertical © 2026 Nearmap US, Inc.
Rail Line
1065
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 16
This page intentionally left blank.
1066
Figure 2-4: Existing General Plan Land Use Designations Microsoft, Vantor
0 300 600
US Feet
±
Legend
HDR - High Density
Residential
LI - Light Industrial
MDR - Medium Density
Residential
MHDR - Medium-High
Density Residential
MU - Mixed Use
RC - Retail Commercial
Project Boundary
Pacific and Midas Apartments
Pacific Street
Midas Avenue
Railroad Avenue
Grove Street
Created with Vertical © 2026 Nearmap US, Inc.
1067
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 18
This page intentionally left blank.
1068
Figure 2-5: Existing Zoning
PD-10.5
OA
PD-6
C-1
PD-LI
R1-5
R1-6
R1-7.5
UN
R-2
C-3
C-2
C-2/RES24+
C-3/MU24+
C-4/MU10+
PD-33/RES24+
C-2/MU10+
C-4/RES24+
UN/RES24+
R1-5/RES24+
0 300 600
US Feet
±
Legend
C-1
C-2
C-2/MU10+
C-2/RES24+
C-3
C-3/MU24+
C-4/MU10+
C-4/RES24+
OA
PD-6
PD-10.5
PD-33/RES24+
PD-LI
R-2
R1-5
R1-5/RES24+
R1-6
R1-7.5
UN
UN/RES24+
Project Boundary
Pacific and Midas Apartments
Pacific Street
Midas Avenue
Grove Street
Created with Vertical © 2026 Nearmap US, Inc.
1069
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 20
This page intentionally left blank.
1070
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 21
3. PROJECT DESCRIPTION
3.1. PROJECT OVERVIEW
Waterford Property Company (Applicant) is requesting approval from the City of Rocklin for a Design Review Approval to allow for a 100 percent affordable multifamily community with approximately 281 units in three four-story buildings on 6.2 net acres (7.2 gross acres). The Project would be developed on currently vacant land. Planned improvements include site grading, surface parking, internal circulation, fire access, a playground, landscaped courtyard, and community facilities such as a clubhouse, lounge, laundry rooms, and fitness room. The Project design concept is illustrated in Figure 3-1, Conceptual Site Plan.
State Housing Laws
The proposed Project may utilize the provisions of the California Housing Crisis Act of 2019 Senate Bill 330 (SB 330), which establishes procedures intended to facilitate the development of housing. Under SB 330, housing development projects may submit a preliminary application that establishes the development standards, fees, and ordinances applicable to the project at the time the application is deemed complete.
The provisions of SB 330 provide certainty regarding the development standards applicable to the project after the preliminary application has been submitted. The proposed Project would remain subject to applicable zoning regulations, design review, and environmental review by the City of Rocklin.
3.2. PROJECT FEATURES
Residential Development Summary
The proposed Project would construct approximately 281 multifamily residential units on the approximately 7.19 gross-acre site, which would result in a density of approximately 39 dwelling units per acre. Buildout of the Project site would result in a total building area of 262,648 square feet (SF). The Project is intended to provide affordable housing and is subject to the City’s Residential Minimum Density Overlay (RES-24+), which requires a minimum density of 24 dwelling units per acre.
The residential development is anticipated to consist of three apartment buildings up to four stories in height arranged around internal circulation and open space areas. The buildings would provide familyoriented residential units and associated amenities, including playground areas, landscaped open space, and community facilities. The structures are expected to be wood-frame construction on conventional foundations and supported by surface parking areas and internal drive aisles. The residential units would each have one to three bedrooms and range from 559 to 1,026 net square feet (SF). Table 2-1 provides a summary of the proposed residences. The proposed building elevations shown on Figure 3-2a, Building Type A Elevations, and Figure 3-2b, Building Type B Elevations. 1071
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 22
Table 2-1: Residential Unit Summary
Building Gross Area 1 Bed 2 Bed 3 Bed Number of
Units
A 64,800 SF 36 22 16 74
A 64,800 SF 36 22 16 74
B 132,780 SF 38 49 46 133
Access and Parking
Access to the proposed Project would be provided from Pacific Street and Midas Avenue, which front the site and serve as the primary points of vehicular and emergency access. The site circulation system would be designed to allow vehicles, including fire apparatus, to enter from either frontage and travel through the site via a continuous internal drive aisle.
Internal circulation would consist of private drive aisles and parking areas providing access to residential buildings, parking areas, and service areas. Pedestrian pathways would connect building entrances, parking areas, and common open space amenities throughout the site.
No new public streets are proposed. Improvements along the Project frontage would include curb, gutter, sidewalks, and accessible pedestrian connections consistent with City standards. Parking areas would be located primarily behind the street-facing buildings to maintain an active streetscape along Pacific Street and Midas Avenue.
The proposed Project would include a total of 356 parking spaces. The internal circulation layout is designed to support safe vehicle maneuvering, emergency access, and pedestrian connectivity while accommodating site constraints, including grade changes and utility easements..
Landscape and Recreational Facilities
The proposed Project would include approximately 72,485 SF of landscaping that would cover approximately 23.14 percent of the site, as shown in Figure 3-3, Conceptual Landscape Plan. Proposed landscaping would include variety of trees, shrubs, and groundcover species consisting of droughttolerant and water-efficient plant materials consistent with City of Rocklin landscaping requirements throughout the Project site.
The proposed Project would develop 13,020 SF in common open space integrated throughout the site that would provide recreational opportunities to residents. These areas would include landscaped courtyards, a playground, and outdoor gathering spaces. A clubhouse located within the central residential building would provide indoor community space including lounge areas, and additional resident amenities would include a fitness room and community laundry facilities. Outdoor open space areas are designed to encourage resident interaction and provide usable recreational space.
Fencing and Walls
The proposed Project would install walls and fencing throughout the Project site The proposed Project would include an existing 8-foot concrete masonry unit (CMU) wall on the northern part of the Project 1072
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 23
site, install a retaining wall on the west side of the Project site that borders the train tracks, install a second retaining wall on the eastern portion of the Project site bordering Pacific Street, and install a small segment of 6- to 8-foot metal tubular fencing connecting the CMU wall to the west retaining wall.
Infrastructure Improvements
Water and Sewer
The proposed Project would be serviced by Placer County Water Agency (PCWA) for water supply. The proposed Project would install new on-site connections to the PCWA water mains located within Pacific Street and Midas Avenue. Within the Project site, 6-inch domestic water lines would be installed to distribute potable water throughout the site, with 4-inch branch lines serving individual buildings.
The proposed Project would also install new on-site connections to the 8-inch South Placer Municipal Utility District (SPMUD) sanitary sewer infrastructure. Within the Project site, 8-inch private sanitary sewer lines would be installed, with smaller lateral connections serving individual buildings.
Drainage
The proposed Project would collect drainage via drop inlets and catch basins, which would convey stormwater through a network of on-site storm drain infrastructure to proposed stormwater detention facilities located throughout the Project site. These facilities are designed to temporarily store and regulate runoff prior to discharge to downstream drainage systems. Existing drainage patterns across the site, including on-site conveyance features directing flows toward Midas Avenue, would be modified as part of site development and incorporated into the proposed storm drain system, with stormwater flows managed through detention facilities to avoid an increase in off-site runoff.
Street Improvements
The proposed Project would require utility connections within the public right-of-way along Pacific Street and Midas Avenue where accessible water and sewer mains are located. Electrical service would be extended from an existing underground PG&E facility located approximately 270 feet along Pacific Street through trenching within an existing public utility easement to serve the Project site.
Midas Avenue
The proposed Project would include improvements along Midas including the addition of a right turn lane into the proposed western driveway along Midas Avenue. The Project would include additional bike lane striping consistent with the existing bike lane along Midas Avenue and would also install new curb and gutter with a 6-foot sidewalk which would connect to the existing sidewalk along the roadway.
Pacific Street
The proposed Project would include demolition of approximately 303 feet of the existing median along Pacific Street and would implement center turn lane median striping to allow for two-way left turns. The proposed striping would include two solid yellow lines on each side of the median to define the center lane and separate it from through lanes. The Project would also demolish approximately 26-feet of the existing curb, gutter and sidewalk along the Project frontage to reconstruct with a rolled curb and sidewalk to allow for sewer access within the Project site.
1073
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 24
3.3. CONSTRUCTION
Construction activities would include site preparation, grading, building construction, paving, and architectural coatings. Demolition activities are not anticipated as the Project site is currently vacant and undeveloped. Grading work is expected to result in approximately 29,625 cubic yards (CY) of cut and 22,570 cubic yards (CY) of fill. Construction is expected to occur over 23 months and would occur within the hours allowable by City of Rocklin Noise Standards Ordinance (Rocklin Municipal Code (RMC) Chapter
9.52), which state that construction activities shall occur only between the hours of 7:00 AM and 7:00 PM on weekdays and 8:00 AM and 7:00 PM on weekends. Table 2-2, Construction Schedule, presents the anticipated construction schedule.
Table 2-2: Construction Schedule
Construction Activity Number of Working Days
Site Preparation 10
Grading 20
Building Construction 630
Paving 20
Architectural Coating 20
Total 700
3.4. DISCRETIONARY ACTION CHECKLIST
The following discretionary approvals, permits, and studies from the City of Rocklin are anticipated to be necessary for implementation of the proposed Project:
• Design Review Approval
• Oak Tree Preservation Permit
• Ministerial approvals and permits necessary to execute the proposed Project, including but not limited to grading permit, building permit, etc.
1074
Pacific and Midas Apartments Figure 3-1: Conceptual Site Plan ±
1075
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 26
This page intentionally left blank.
1076
Pacific and Midas Apartments Figure 3-2a: Building Type A Elevations 1077
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 28
This page intentionally left blank.
1078
Pacific and Midas Apartments Figure 3-2b: Building Type B Elevations 1079
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 30
This page intentionally left blank.
1080
Pacific and Midas Apartments Figure 3-3: Conceptual Landscape Plan ±
1081
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 32
This page intentionally left blank.
1082
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 33
4. EXECUTIVE SUMMARY
Through the analysis provided in this Consistency Analysis and Checklist, it is determined that the proposed Project is consistent with the development density related standards established by the General Plan and Development Code for the City of Rocklin. This Consistency Analysis and Checklist evaluates the proposed Project’s specific effects which are peculiar to the project or its site. 1083
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 34
5. ENVIRONMENTAL CHECKLIST FORM
5.1. BACKGROUND
Project Title: Pacific and Midas Residential Project
Lead Agency Name and Address: City of Rocklin, 3970 Rocklin Rd, Rocklin, CA 95677 Contact Person and Phone Number: David Mohlenbrok, Director; (916) 625-5162 Project Location: The Project site is situated in the southeast portion of the City of Rocklin within Placer County. The Project site is located north of Midas Avenue and west of Pacific Street (APN 010-010-017, 010-040-040, 010-010-016, 010-010-029, and 010-010-028).
Project Sponsor’s Name and Address: Waterford Property Company, 100 Bayview Cir Suite 4500, Newport Beach, CA 92660
GP Land Use Designation: High Density Residential
Zoning: Planned Development – 33 dwellings per acre with a Residential Minimum Density Overlay of 24 dwelling units per acre
Project Description: The proposed Project would allow for a 100 percent affordable multifamily community with approximately 281 units in three four-story buildings on 6.2 net acres. The Project would be developed on currently vacant land. Planned improvements include site grading, structured and surface parking, internal circulation, fire access, a playground, landscaped courtyard, and community facilities such as a clubhouse, lounge, laundry rooms, and a fitness room.
Surrounding Land Uses and Setting: Commercial, light industrial, and railroad uses are located north of the Project site. Commercial and mixed-use development is located to the south. Commercial uses are located to the east. The Union Pacific Railroad corridor and single-family residential uses are located to the west.
Other Public Agencies Whose Approval is Required: Central Valley Regional Water Quality Control Board, Placer County Water Agency, South Placer Municipal Utility District, Placer County Air Pollution Control District
Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on “tribal cultural resources” with significant environmental impacts (PRC Section 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project’s potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for 1084
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 35
a project. AB 52 does not apply to a Notice of Exemption, such as this CEQA Consistency Analysis and Checklist. As such, AB 52 consultation is not required for this Project.
5.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below are peculiar to the project site and would be potentially affected by this project involving at least one impact that is “Less than Significant with Mitigation Incorporated.” As allowed by CEQA Section 15183(f), “An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect.”
None
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire
5.3. ENVIRONMENTAL FACTORS CONCLUDED TO BE NO IMPACT IN THE
GENERAL PLAN EIR
The GP EIR concluded that development that is consistent with the General Plan would have no impact on the following environmental topics. The numbering below is consistent with the GP EIR impact numbers:
Aesthetics
Impact 4.3.1: Implementation of the proposed project would not have a substantial adverse effect on a scenic vista. [Threshold AES-1]
Impact 4.3.2: Implementation of the proposed project would not substantially damage any scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. [Threshold AES-2]
1085
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 36
5.4. DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this evaluation:
I find that the proposed Project WOULD NOT result in: (1) a project specific impact which is peculiar to the project or its site; (2) a significant impact that was not analyzed as significant in the prior EIR; (3) a potentially significant off-site impact or cumulative impact not discussed in the prior EIR; or (4) a more severe impact due to substantial new information that was not known at the time the prior EIR. NO FURTHER ACTION is required and a Notice of Exemption (Section 15062) will be filed indicating that the Project IS ELIGIBLE for an EXEMPTION under CEQA Guidelines Section 15183.
I find that the proposed Project WOULD NOT result in: (1) one or more significant environmental effects not previously discussed in the certified EIR for the Specific Plan; (2) a substantial increase in the severity of previously identified significant effects; (3) the feasibility of previously rejected Mitigation Measures or alternatives that would substantially reduce one or more significant effects but are not adopted by the City; or (4) new or considerably different Mitigation Measures or alternatives that would substantially reduce one or more significant effects but are not adopted by the City. NO FURTHER ACTION is required and a Notice of Exemption (Section 15062) will be filed indicating that the Project IS ELIGIBLE for an EXEMPTION under CEQA Guidelines Section 15182.
I find that the proposed Project would result in: (1) a project specific impact which is peculiar to the project or its site; (2) a significant impact that was not analyzed as significant in the prior EIR; (3) a potentially significant off-site impact or cumulative impact not discussed in the prior EIR; or (4) a more severe impact due to substantial new information that was not known at the time the prior EIR. I find that FURTHER ENVIRONMENTAL REVIEW is necessary to analyze those effects that are subject to CEQA, and therefore, this Project is NOT ELIGIBLE for an EXEMPTION under CEQA Guidelines Section 15183.
I find that the proposed Project WOULD result in: (1) one or more significant environmental effects not previously discussed in the certified EIR for the Specific Plan; (2) a substantial increase in the severity of previously identified significant effects; (3) the feasibility of previously rejected Mitigation Measures or alternatives that would substantially reduce one or more significant effects but are not adopted by the City; or (4) new or considerably different Mitigation Measures or alternatives that would substantially reduce one or more significant effects but are not adopted by the City. I find that FURTHER ENVIRONMENTAL REVIEW is necessary to analyze those effects that are subject to CEQA, and therefore, this Project is NOT ELIGIBLE for an EXEMPTION under CEQA Guidelines Section 15183.
_____________________________________________________________________________________ Signature Date
_____________________________________________________________________________________ Printed Name Date
1086
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 37
6. ENVIRONMENTAL ANALYSIS
This section provides evidence to substantiate the conclusions in the environmental checklist. The environmental checklist follows the format of CEQA Guidelines Appendix G and evaluates whether the Project would result in potentially significant environmental impacts that would trigger additional review under CEQA Guidelines Section 15183. Each subsection briefly summarizes the conclusions of the GP EIR, and then discusses whether or not the proposed Project is consistent with the findings contained in the GP EIR or if further analysis is required pursuant to CEQA. Mitigation Measures referenced herein are from the GP EIR.
6.1. AESTHETICS
Except as provided in Public
Resources Code Section
21099, would the Project:
Project
Impact
that is
Peculiar to
the Project
or the
Project
Site
Significant
Impact not
Analyzed
as
Significant
in the
Prior EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact More
Severe based
on Substantial
New
Information
No
New
Impact
Not
Previously
Analyzed
in the
Prior EIR
a) Have a substantial
adverse effect on a scenic
vista?
b) Substantially damage
scenic resources, including,
but not limited to, trees,
rock outcroppings, and
historic buildings within a
State scenic highway
c) In non-urbanized areas,
substantially degrade the
existing visual character or
quality of public views of the
site and its surroundings?
(Public views are those that
are experienced from
publicly accessible vantage
point). If the Project is in an
urbanized area, would the
Project conflict with
applicable zoning and other
regulations governing scenic
quality?
1087
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 38
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Summary of Impacts Identified in the GP EIR
The General Plan EIR analyzed the anticipated impacts that would occur to the visual character of the Planning Area as a result of the future urban development that was contemplated by the General Plan.
When previously undeveloped land becomes developed, aesthetic impacts include changes to scenic character and new sources of light and glare (City of Rocklin General Plan Update Draft EIR, 2011, pages
4.3-1 through 4.3-18). Mitigation measures to address these impacts are incorporated into the General Plan in the Land Use and the Open Space, Conservation, and Recreation Elements, and include policies that encourage the use of design standards for unique areas and the protection of natural resources, including open space areas, natural resource areas, hilltops, waterways and oak trees, from the encroachment of incompatible land use.
The General Plan EIR concluded that, despite the goals and policies addressing visual character, views, and light and glare, significant aesthetic impacts will occur as a result of development under the General Plan and further, that these impacts cannot be reduced to a less than significant level. Specifically, the General Plan EIR found that buildout of the Rocklin General Plan will change and degrade the existing visual character, will create new sources of light and glare and will contribute to cumulative impacts to existing visual character and creation of light and glare. Findings of fact and a statement of overriding consideration were adopted by the Rocklin City Council in regard to these cumulative impacts, which were found to be significant and unavoidable.
Project-Specific Impacts
a) Have a substantial adverse effect on a scenic vista? No New Impact. This topic was evaluated in the GP EIR as Impact 4.3.1 and was determined to have no impact (City of Rocklin, 2011, pp. 4.3-10).
Scenic vistas are generally defined as expansive or panoramic views of visually important features from publicly accessible vantage points. The City of Rocklin GP EIR did not identify any scenic vistas within the City, and the project site is not located within or adjacent to any designated scenic resources or recognized public view corridors.
The project site is currently vacant and located within an urbanized area characterized by a mix of commercial, residential, and transportation-related uses. While development of the proposed project would alter the visual character of the site, it would be consistent with surrounding land uses and subject to applicable development standards under the City’s Municipal Code and design guidelines, including height, setback, and site design requirements that regulate visual character and compatibility. The proposed project would not obstruct or degrade any scenic vistas, nor would it introduce visual conditions that differ from those anticipated under General Plan buildout. 1088
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 39
The proposed project does not introduce any peculiar site-specific conditions that would result in impacts not previously analyzed in the GP EIR, nor would it result in new or more severe impacts related to scenic vistas. Accordingly, impacts associated with scenic vistas were adequately addressed in the GP EIR, and implementation of the proposed project would not result in any new or substantially greater impacts.
Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional environmental review is required. b) Substantially damage scenic resources, including trees, rock outcroppings, and historic buildings within a State scenic highway?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.3.2 and was determined to have no impact (City of Rocklin, 2011, pp. 4.3-10).
According to Caltrans, there are no designated State Scenic Highways in the vicinity of the project site.
The nearest designated scenic highway is located approximately 23 miles from the site, and the project site is not visible from any designated or eligible scenic highway segments.
Given the distance from designated scenic highways and lack of visibility, the proposed project would not have the potential to substantially damage scenic resources within a State Scenic Highway. The proposed project does not introduce any peculiar site-specific conditions that would result in impacts not previously analyzed in the GP EIR. Accordingly, impacts related to scenic resources within a State Scenic Highway were adequately addressed in the GP EIR, and implementation of the proposed project would not result in any new or substantially greater impacts. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional environmental review is required. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? No New Impact. This topic was evaluated in the GP EIR as Impact 4.4.4 and was determined to have a significant and unavoidable impact (City of Rocklin, 2011, pp. 4.3-10 through 4.3-13).
The proposed Project is in an urbanized and developing area of the City of Rocklin and is surrounded by existing railways, residential uses, light industrial uses, and commercial uses. The proposed Project would involve development of 281 multifamily residential units on a 7.19-acre site across three four-story buildings, resulting in an overall proposed density of 39.1 dwelling units per acre. As described previously in Section 2.0, Existing Conditions, the Project site is designated as High Density Residential in the General Plan and is zoned PD-33 RES 24+.
As described in Section 3.0, Project Description, the proposed Project involves commitment to affordable housing. Specifically, the proposed Project would develop a 100 percent affordable multifamily residential community consisting of 137 units affordable to households earning up to 70 percent of Area Median Income (AMI), 56 units affordable to households earning up to 60 percent AMI, 56 units affordable to households earning up to 50 percent AMI, and 29 units affordable to households earning up to 30 percent AMI, in addition to three manager/maintenance units. The proposed Project’s density and affordable housing program are therefore consistent with the City’s adopted housing policies and applicable residential land use designations.
1089
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 40
While the proposed Project may include limited modifications to certain development standards, such as parking design standards, these modifications would be subject to City review and approval through the entitlement and permitting process. The proposed Project would otherwise comply with applicable General Plan land use designations and zoning regulations and would remain consistent with the City’s housing and land use objectives.
Consistent with GP EIR policies intended to address visual character, including Policy LU-13 (review of new residential development for compatibility with surrounding neighborhoods), Policy LU-18 (establishment of residential design standards to reduce visual impacts), and Policy LU-54 (ensuring building scale, massing, and design are compatible with existing development), the proposed Project would be subject to the City’s Design Review process and applicable development standards, which ensure that building form, height, massing, and architectural design are compatible with surrounding uses.
Although the proposed Project would contribute incrementally to the overall change in visual character associated with continued urban development, this contribution is consistent with the level and type of development anticipated under the General Plan and evaluated in the GP EIR, and would not result in a new or more severe impact than previously identified. Consistent with the GP EIR, impacts related to visual character and scenic quality remain significant and unavoidable at the program level; however, the proposed Project would not result in a new significant impact or substantially increase the severity of the previously identified impact. The proposed Project’s incremental contribution to this impact would remain within the scope of impacts previously analyzed in the GP EIR. Impacts would be consistent with those identified in the GP EIR and no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR.
Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional review is required.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.3.4 and was determined to have a significant and unavoidable impact (City of Rocklin, 2011, pp. 4.3-14 through 4.3-16). The project site is currently vacant and located within a developing area characterized by a mix of commercial, residential, and transportation-related uses, which contribute to existing ambient lighting conditions.
The proposed project would introduce new sources of lighting typical of multifamily residential development, including wall-mounted and pole-mounted fixtures. However, all lighting would be required to comply with the City of Rocklin Municipal Code and applicable design review standards, which regulate fixture type, shielding, and light direction to minimize spillover and glare. In addition, the proposed project would be subject to applicable General Plan policies intended to reduce light and glare impacts, including Policy LU-4, which promotes minimizing adverse effects of light and glare and incorporation of dark sky concepts, and Policy LU-18, which establishes residential design standards. Lighting would be designed to be shielded and directed downward to reduce off-site impacts and maintain compatibility with surrounding uses, and the proposed project does not include highly reflective materials that would create substantial glare.
Although the proposed project would incrementally contribute to light and glare in the area, this contribution is consistent with the level and type of development anticipated under the General Plan and 1090
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 41
evaluated in the GP EIR. The proposed project does not introduce any peculiar site-specific conditions that would result in new or more severe impacts beyond those previously identified. Accordingly, impacts related to light and glare were adequately addressed in the GP EIR, and implementation of the proposed project would not result in any new or substantially greater impacts. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional environmental review is required.
Cumulative Impacts
As discussed within the GP EIR on page 4.3-16, cumulative development would result in alteration of visual resources by increasing the amount of residential, commercial, retail, industrial, and business professional land uses in the Planning Area. Thus, the GP EIR found that development under the proposed General Plan Update would result in a cumulatively considerable and significant s visual impacts. However, the proposed Project would be developed consistent with the Mixed Use Designation as evaluated within the GP EIR, and would be constructed in accordance with the City Design Review Guidelines and General Plan policies in order to reduce visual impacts to the maximum extent feasible. As discussed above, the proposed Project’s incremental contribution to this impact would remain within the scope of impacts previously analyzed in the GP EIR. Cumulative impacts would be consistent with those identified in the GP EIR and no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR.
Conclusion
Regarding the issue area of aesthetics, the following findings can be made:
15183 Findings
1. No peculiar impacts to the Project or its site have been identified.
2. There are no significant effects that were not analyzed as part of the GP EIR.
3. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR.
4. The GP EIR analysis used field review, topographic evaluation, General Plan review, and anticipated development changes under the proposed Land Use Diagram. Based on the analysis provided in this section, the Project’s consistency with the General Plan and zoning designation, and the Project’s development intensity being within the level analyzed in the GP EIR, no substantial new information has been identified that would result in an aesthetic impact more severe than anticipated in the GP EIR.
5. No new mitigation measures would be required because Project specific impacts would be less than significant with adherence to existing regulations.
Uniformly Applied Development Policies or Standards (DP/S) City of Rocklin Municipal Code Chapter, 17.96: Density Increase Incentive Program. City of Rocklin Development Code Chapter 17.96: Density Increase Incentive Program.
Implements the State Density Bonus Law (California Government Code Section 65915 et seq.) and allows eligible residential projects to receive density increases, concessions, and development standard waivers 1091
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 42
to facilitate affordable housing. The program ensures that such incentives are applied in a manner consistent with State law while maintaining compatibility with surrounding development through applicable design and development standards.
GP Goals and Policies
Policy LU-4 Minimize Light and Glare. Utilize techniques that minimize the adverse effects of light and glare on surrounding properties, and incorporate dark sky concepts to the extent practicable.
Policy LU-13 Compatibility with Surrounding Development. Review proposals for new residential development for compatibility with the character and scale of nearby neighborhoods, while providing a variety of densities and housing types as reflected by the zoning and land use designation of the infill property.
Policy LU-18: Residential Design Standards Establish residential design standards for planned unit developments, especially for hillsides and other unique areas, to reduce the impact of new development on the existing natural terrain and built environment.
Policy OCR-43: Mitigate for removal of oak trees in accordance with the City of Rocklin’s Oak Tree Preservation Ordinance.
GP EIR Mitigation Measures
No mitigation measures related to aesthetics are included in the GP EIR. 1092
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 43
6.2. AGRICULTURE AND FORESTRY RESOURCES
Would the Project:
Project
Impact that
is Peculiar to
the Project
or the
Project Site
Significant
Impact not
Analyzed
as
Significant
in the Prior
EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed in
the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No
New
Impact
Not
Previously
Analyzed
in the Prior
EIR
a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland), as
shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources
Agency, to non-agricultural
use?
b) Conflict with existing
zoning for agricultural use,
or a Williamson Act
contract?
c) Conflict with existing
zoning for, or cause
rezoning of, forest land (as
defined in Public Resources
Code Section 12220(g)),
timberland (as defined by
Public Resources Code
Section 4526), or
timberland zoned
Timberland Production (as
defined by Government
Code Section 51104(g))?
d) Result in the loss of forest
land or conversion of forest
land to non-forest use?
1093
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 44
Would the Project:
Project
Impact that
is Peculiar to
the Project
or the
Project Site
Significant
Impact not
Analyzed
as
Significant
in the Prior
EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed in
the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No
New
Impact
Not
Previously
Analyzed
in the Prior
EIR
e) Involve other changes in
the existing environment
which, due to their location
or nature, could result in
conversion of Farmland, to
non-agricultural use or
conversion of forest land to
non-forest use?
Summary of Impacts Identified in the GP EIR
This topic was dismissed from consideration in the Notice of Preparation for the GP EIR and not specifically evaluated in the GP EIR, as the City of Rocklin is largely urbanized and planned for urban development under the General Plan. The proposed Project is located on a vacant infill site within an urbanized area and does not involve agricultural, forest, or timberland resources. Additionally, there are no forestlands, timberlands, or Williamson Act contracts in the City.
Project-Specific Impacts
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. This topic was dismissed from consideration in the Notice of Preparation for the GP EIR and not evaluated in the GP EIR. According to the California Department of Conservation (DOC) Farmland Mapping and Monitoring Program (FMMP), the project site is designated as Urban and Built-Up Land and is not identified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (California Department of Conservation, 2025). Surrounding properties are similarly designated as Urban and BuiltUp Land or Other Land. The project site is not subject to a Williamson Act contract and is not located within a Farmland Security Zone, and the applicable General Plan land use designation and zoning reflect existing and planned urban development.
Because the project site does not contain agricultural land as defined by CEQA, implementation of the proposed project would not result in the conversion of farmland to non-agricultural use. Because this impact was not identified in the GP EIR and the Project would not introduce conditions that would result in a new or more severe impact, the proposed Project would not result in a peculiar impact related to conversion of farmland to non-agricultural use pursuant to CEQA Guidelines Section 15183. 1094
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 45
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. This topic was dismissed from consideration in the Notice of Preparation for the GP EIR and not evaluated in the GP EIR.
As identified above, the project site is not zoned for agricultural use, and no agricultural zoning exists on or adjacent to the site. In addition, the project site is not subject to a Williamson Act contract. As described above, the site is designated as Urban and Built-Up Land and does not contain Prime Farmland, Farmland of Statewide Importance, or Unique Farmland.
Because the project site is not designated for agricultural use, is not under a Williamson Act contract, and does not contain agricultural land, implementation of the proposed project would not result in a conflict with agricultural zoning or contractual restrictions. Because this impact was not identified in the GP EIR and the Project would not introduce conditions that would result in a new or more severe impact, the proposed Project would not result in a peculiar impact related to a conflict with zoning for agricultural use of a Williamson Act contract pursuant to CEQA Guidelines Section 15183.
Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. This topic was not evaluated in the GP EIR.
The Project site is not zoned for forest land or timberland uses. Therefore, the proposed Project would result in no impacts related to conflicts with existing forest land or timberland zoning. Based on the foregoing analysis, no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR.
Accordingly, no additional environmental review is required pursuant to CEQA Guidelines Section 15183. c) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. This topic was not evaluated in the GP EIR.
The Project site consists of vacant, undeveloped land, surrounded by light industrial uses, retail commercial uses and Union Pacific Railroad tracks to the north; retail and service commercial uses to the south; commercial and institutional uses to the east; and railroad tracks and existing residential uses to the west. No forest land exists on or adjacent to the Project site. The Project site is not zoned for forest land or timberland uses. Therefore, the proposed Project would result in no impacts related to loss or conversion of forest land to non-forest use. Because this impact was not identified in the GP EIR and the Project would not introduce conditions that would result in a new or more severe impact, the proposed Project would not result in a peculiar impact related to loss or conversion of forest land to non-forest use pursuant to CEQA Guidelines Section 15183.
d) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact. This topic was dismissed from consideration in the Notice of Preparation for the GP EIR and not evaluated in the GP EIR.
1095
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 46
As identified above, the Project site is not identified as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland by the California Department of Conservation’s California Important Farmland Finder Map. Additionally, the proposed Project would not convert farmland to a nonagricultural use or convert forest land to a non-forest use. Thus, the proposed Project would not involve other changes in the existing environment which, due to itslocation or nature, could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. Therefore, the proposed Project would not result in conversion of farmland or forest land to non-forest use, and no impacts would occur.
Because this impact was not identified in the GP EIR and the Project would not introduce conditions that would result in a new or more severe impact, the proposed Project would not result in a peculiar impact related to conversion of farmland to non-agricultural use or conversion of forest land to non-forest use pursuant to CEQA Guidelines Section 15183.
Cumulative Impacts
As discussed above, while this topic was not evaluated within the GP EIR, the proposed Project would be developed consistent with the Mixed Use designation as evaluated within the GP EIR, and the Project site is not designated for agricultural uses and is not identified as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland by the California Department of Conservation’s California Important Farmland Finder Map. Thus, implementation of the proposed Project would not result in cumulative impacts related to agriculture and forestry resources and no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Because this impact was not identified in the GP EIR and the Project would not introduce conditions that would result in a new or more severe impact, the proposed Project would not result in a peculiar impact related to wildfire infrastructure pursuant to CEQA Guidelines Section 15183.
Conclusion
Regarding the issue area of agricultural and forestry resources, the following findings can be made:
15183 Findings
1. No peculiar impacts to the Project or its site have been identified.
2. There are no significant effects that were not analyzed as part of the GP EIR.
3. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR.
4. Based on the analysis provided in this section, the Project’s consistency with the General Plan and zoning designation, and the Project’s site-specific conditions, no substantial information has been identified that would result in a significant agricultural resources impact.
5. No new mitigation measures would be required because Project specific impacts would be less than significant
Uniformly Applied Development Policies or Standards (DP/S) None.
1096
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 47
GP Goals and Policies
None.
GP EIR Mitigation Measures
No mitigation measures related to agriculture and forestry are included in the GP EIR. 1097
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 48
6.3. AIR QUALITY
Where available, the
significance criteria
established by the
applicable air quality
management district or air
pollution control district
may be relied upon to make
the following
determinations. Would the
Project:
Project
Impact
that is
Peculiar to
the
Project or
the
Project
Site
Significant
Impact not
Analyzed
as
Significant
in the
Prior EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
Not
Previously
Analyzed
in the
Prior EIR
a) Conflict with or obstruct
implementation of the
applicable air quality plan?
b) Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the Project region is
non-attainment under an
applicable federal or State
ambient air quality
standard?
c) Expose sensitive
receptors to substantial
pollutant concentrations?
d) Result in other emissions
(such as those leading to
odors) affecting a
substantial number of
people?
Summary of Impacts Identified in the GP EIR
The General Plan EIR analyzed the anticipated impacts that would occur to regional air quality as a result of the future urban development that was contemplated by the General Plan. These impacts included 8- hour ozone attainment, short-term construction emissions, operational air pollutants, increases in criteria pollutants, odors, and regional air quality impacts. (City of Rocklin General Plan Update Draft EIR, 2011, pages 4.2-1 through 4.2-43). Mitigation measures to address these impacts are incorporated into the General Plan in the Land Use, the Open Space, Conservation, and Recreation, and the Circulation Elements, and include policies that encourage a mixture of land uses, provisions for non-automotive modes of transportation, consultation with the Placer County Air Pollution Control District (PCAPCD), and the incorporation of stationary and mobile source control measures.
The General Plan EIR concluded that, despite these goals and policies, significant air quality impacts will occur as a result of development under the General Plan and further, that these impacts cannot be 1098
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 49
reduced to a less than significant level. Specifically, the General Plan EIR found that buildout of the Rocklin General Plan and other development within the Sacramento Valley Air Basin (SVAB) as a whole will result in the following: violations of air quality standards as a result of short-term emissions from construction projects, increases in criteria air pollutants from operational air pollutants and exposure to toxic air contaminants, the generation of odors and a cumulative contribution to regional air quality impacts.
Findings of fact and a statement of overriding consideration were adopted by the Rocklin City Council in regard to these impacts, which were found to be significant and unavoidable.
Project-Specific Impacts
This section was prepared using the following report:
• Air Quality, Energy, and Greenhouse Gas Impact Analysis, prepared by EPD Solutions, April 2026.
Included as Appendix A.
a) Conflict with or obstruct implementation of the applicable air quality plan? No New Impact. This topic was evaluated in the GP EIR as Impact 4.2.1 and was determined to be less than significant. The GP EIR determined that implementation of the General Plan Update would not conflict with the Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan, as growth projections are generally consistent with Sacramento Area Council of Governments (SACOG) projections and would not delay attainment of air quality standards (City of Rocklin, 2011, pp. 4.2-20 through 4.2-25). Therefore, the General Plan provides a framework for land use and transportation planning that is consistent with regional air quality planning efforts.
The Project site is located in the Sacramento Valley Air Basin and is under the jurisdiction of the Placer County Air Pollution Control District (PCAPCD). The PCAPCD and SACOG are responsible for preparing the AQMP, which addresses federal and State Clean Air Act (CAA) requirements. The Sacramento Regional 8- Hour Ozone Attainment and Reasonable Further Progress Plan establishes strategies for reducing emissions and achieving attainment of federal and State ozone standards.
The proposed Project does not propose amendments to the General Plan land use designations and as discussed in Section 6.14, Population and Housing¸ would not result in population or employment growth beyond that previously evaluated in the GP EIR. As such, the Project would be consistent with regional growth assumptions utilized in the attainment plan.
The proposed Project would not exceed PCAPCD regional thresholds for criteria pollutants during construction or operation. In addition, the Project would be required to comply with applicable PCAPCD rules and regulations, including Rule 228 (Fugitive Dust), Rule 205 (Nuisance), and Rule 218 (Architectural Coatings), as well as policies OCR-58 and OCR-59, requiring coordination with PCAPCD for protection of air quality.
Therefore, the proposed Project would not conflict with or obstruct implementation of the Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan, and would not result in new or more severe impacts beyond those identified in the GP EIR. Based on the foregoing analysis, no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required. 1099
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 50
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or State ambient air quality standard)? No New Impact. This topic was evaluated in the GP EIR and was determined to result in a significant and unavoidable impact. The GP EIR determined that implementation of the General Plan Update would result in increased operational emissions of criteria pollutants, including ROG, NOx, and PM10, associated with population and employment growth, which could contribute to regional nonattainment conditions.
Although implementation of General Plan policies, District rules, and State and federal regulations would reduce emissions, these measures would not reduce impacts to a less than significant level; therefore, impacts were determined to be significant and unavoidable (City of Rocklin, 2011, pp. 4.2-28 through 4.2- 34)
The Basin is in non-attainment status for federal ozone standards, and State and federal particulate matter standards. Any development in the Basin, including the proposed Project could cumulatively contribute to these pollutant violations. Evaluation of the cumulative air quality impacts of the proposed Project has been completed pursuant to the PCAPCD’s cumulative air quality impact methodology. The PCAPCD states that if an individual project results in air emissions of criteria pollutants that exceed the District’s recommended daily thresholds, then it would also result in a cumulatively considerable net increase of the criteria pollutant(s). The PCAPCD has established daily mass thresholds for regional pollutant emissions, which are shown in Table AQ-1.
Table AQ-1: PCAPCD Regional Daily Emissions Thresholds
Air Pollutant Maximum Daily Emissions (pounds/day)
Construction Operation
NOx 82 55
ROG 82 55
PM10 82 82
Notes: ROG = reactive organic gases, NOx = nitrogen oxides, CO = carbon monoxide, SO2 = sulfur dioxide, PM10 = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter Source: EPD Solutions, 2026 (Appendix A).
Construction
Construction activities associated with the proposed Project would generate pollutant emissions from the following: (1) site preparation, (2) grading, (3) building construction, (4) paving, and (5) architectural coating. The amount of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring.
It is mandatory for all construction projects to comply with several PCAPCD Rules, including Rule 228 for controlling fugitive dust, PM10, and PM2.5 emissions from construction activities. Rule 228 prohibits visible fugitive dust emissions from crossing the property boundary and limits opacity from active operations (i.e., dust shall not exceed 40 percent opacity). The rule also requires implementation of minimum dust control measures, including but not limited to: stabilization of disturbed areas through watering or chemical suppressants; limiting vehicle speeds on unpaved surfaces to 15 miles per hour; covering or stabilizing soil stockpiles; pre-watering areas prior to ground disturbance; cleaning construction vehicles to prevent track-out; covering haul trucks or maintaining sufficient freeboard; and suspending grading 1100
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 51
activities during high wind events if dust cannot be controlled. In addition, track-out onto paved public roadways must be minimized and removed through wet sweeping or vacuuming.
Compliance with Rule 228 was incorporated into the CalEEMod modeling assumptions and represents standard regulatory requirements applicable to the Project. As shown in Table AQ-2, Project Construction Emission Estimates, the California Emissions Estimator Model (CalEEMod) results indicate that the proposed Project would result in less-than-significant regional construction impacts. Construction activities would not result in a cumulatively considerable net increase of any criteria pollutant and impacts would be less than significant. Thus, no new impact related to construction emissions would occur.
Table AQ-2: Project Construction Emission Estimates
Construction Activity and Year
Maximum Daily Regional Emissions
(pounds/day)
ROG NOx PM10
DEMOLITION (2027) 2.34 24.6 4.80
Off-Road Equipment 2.21 19.9 .80
Demolition 0 0 2.86
Worker 0.05 0.03 0.15
Hauling 0.08 4.48 0.99
SITE PREPARATION (2027) 3.10 28 6.46
Off-Road Equipment 3.05 27.97 1.17
Dust from material Movement 0 0 5.11
Worker 0.05 0.03 0.18
GRADING (2027) 1.71 18.4 3.48
Off-Road Equipment 1.59 14.23 0.60
Dust From Material Movement 0 0 1.85
Worker 0.05 0.03 0.15
Hauling 0.07 3.98 0.88
BUILDING CONSTRUCTION (2027) 1.76 11.58 2.63
Off-Road Equipment 1.11 10.17 0.36
Worker 0.63 0.38 2.04
Vendor 0.02 1.03 0.23
PAVING (2027) 1.18 6.10 0.39
Off-Road Equipment 0.61 6.08 0.26
Paving 0.53 0 0
Worker 0.04 0.02 0.13
BUILDING CONSTRUCTION (2028) 1.69 11.01 2.6
Off-Road Equipment 1.07 9.66 0.33
Worker 0.60 0.37 2.04
Vendor 0.02 0.98 0.23
1101
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 52
Construction Activity and Year
Maximum Daily Regional Emissions
(pounds/day)
ROG NOx PM10
BUILDING CONSTRUCTION (2029) 1.57 10.73 2.57
Off-Road Equipment 1.04 9.28 0.30
Worker 0.51 0.45 2.04
Vendor 0.02 1 0.23
ARCHITECTURAL COATING (2029) 70.4 1.13 0.43
Off-Road Equipment 0.14 1.06 0.02
Architectural Coatings 68.58 0 0
Worker 0.12 0.07 0.41
Maximum Daily Emissions 2027-2029 68.84 28 6.46
PCAPCD Significance Thresholds 82 82 82
Threshold Exceeded? No No No
Notes: ROG = reactive organic gases, NOx = nitrogen oxides, CO = carbon monoxide, SO2 = sulfur dioxide, PM10 = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter Source: EPD Solutions, 2026 (Appendix A).
Operation
Operational activities associated with the proposed Project would result in emissions of ROGs, NOx, and particulate matter from mobile and area sources. The proposed Project consists of an all-electric residential development and would not include natural gas consumption. Operational emissions were modeled using CalEEMod Version 2022.1 and compared to PCAPCD thresholds. As shown in Table AQ-3, maximum daily operational emissions ROG, NOx, and PM10 would not exceed PCAPCD thresholds.
Therefore, the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant.
As such, while the GP EIR determined that cumulative development under the General Plan would result in significant and unavoidable impacts, the proposed Project would not exceed PCAPCD thresholds and would not contribute considerably to cumulative air quality impacts. The proposed Project is consistent with the findings contained in the GP EIR and would result in no new or substantially greater impacts.
Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
1102
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 53
Table AQ-3: Regional Project Operational Emissions
Operational Activity
Maximum Daily Regional Emissions
(pounds/day)
ROG NOx PM10
Mobile 13.0 10.8 20.3
Area 7.5 0.1 <0.01
Energy - - -
Total Daily Operational Emissions 20.5 10.9 20.3
PCAPCD Significance Thresholds 55 55 82
Threshold Exceeded? No No No
Source: EPD Solutions, 2026 (Appendix A).
c) Expose sensitive receptors to substantial pollutant concentrations? No New Impact. This topic was evaluated in the GP EIR as Impact 4.2.5 and was found to be significant and unavoidable with the implementation of mitigation measures. The GP EIR determined that implementation of the General Plan Update could expose sensitive receptors to toxic air contaminants (TACs) from mobile and stationary sources, including roadway traffic and diesel-powered equipment, and that mitigation measures would not fully reduce these impacts to a less than significant level. The GP EIR identified Mitigation Measure MM 4.2.1 and related policies to reduce exposure of sensitive receptors to TACs; however, even with implementation of these measures, impacts were determined to remain significant and unavoidable at the program level (City of Rocklin, 2011, pp. 4.2-34 to 4.2-38).
Sensitive receptors can include residences, schools, playgrounds, childcare centers, and athletic facilities.
There are existing homes near the western boundary of the Project site.
Construction
Construction of the proposed Project may expose nearby residential sensitive receptors to airborne particulates as well as a small quantity of construction equipment pollutants (i.e., usually diesel-fueled vehicles and equipment). However, construction contractors would be required to implement measures to reduce or eliminate emissions by following PCAPCD’s standard construction practices. Rule 228 which is intended to reduce particulate matter emissions from construction activities. Rule 228 requires implementation of dust control measures such as pre-watering disturbed areas, stabilizing exposed soils, limiting vehicle speeds on unpaved surfaces, covering haul trucks, preventing track-out onto public roadways, and suspending grading activities during high wind conditions when dust cannot be adequately controlled.
In addition, construction emissions would be temporary and intermittent. As demonstrated in the Projectspecific air quality analysis (Appendix A) construction emissions would not exceed applicable PCAPCD regional thresholds. Therefore, construction-related exposure of nearby sensitive receptors to pollutant concentrations would be less than significant.
1103
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 54
Operation
Operational emissions associated with the proposed Project would primarily consist of vehicle trips, area sources, and electricity use. The proposed Project consists of a residential community and would not include industrial uses, substantial stationary emission sources, or land uses associated with heavy-duty diesel truck traffic, long-term idling, or queueing.
As demonstrated in the Project-specific air quality analysis (Appendix A), operational emissions would not exceed applicable PCAPCD thresholds. While the GP EIR identified potentially significant and unavoidable impacts related to long-term exposure to TACs from regional sources such as major roadways and rail operations, the proposed Project would not introduce substantial new sources of TAC emissions or result in exposure conditions beyond those previously evaluated in the GP EIR.
Based on the foregoing analysis, implementation of the proposed Project would not expose sensitive receptors to substantial pollutant concentrations beyond what was previously evaluated, identified, and disclosed in the GP EIR. Therefore, no new or substantially greater impacts would occur. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.2.6 and impacts were determined to be significant and unavoidable. The GP EIR determined that implementation of the General Plan Update could result in objectionable odors affecting a substantial number of people due to the potential for future land uses that may generate odorous emissions and the subjective nature of odor perception, and that compliance with PCAPCD rules and General Plan policies would not fully reduce impacts to a less than significant level (City of Rocklin, 2011, pp. 4.2-38 and 4.2-39).
Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities and the temporary storage of typical solid waste (refuse) associated with the proposed Project’s operational uses.
The construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of construction and would not result in odor impacts beyond those previously evaluated in the GP EIR.
Operational odor sources associated with the proposed Project would be limited to typical residential uses, including solid waste handling and minor sources such as landscaping or household activities. It is expected that refuse would be stored in covered containers and removed at regular intervals in compliance with applicable solid waste regulations.
In addition, the proposed Project would be required to comply with PCAPCD Rule 205 (Nuisance), which prohibits the discharge of air contaminants in quantities that cause injury, detriment, nuisance, or annoyance to a considerable number of persons or the public. Compliance with Rule 205 would ensure that any potential odor sources are properly managed and would be subject to enforcement if determined to constitute a public nuisance.
1104
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 55
While the GP EIR identified potentially significant and unavoidable impacts related to odors at the program level due to the range of potential future land uses, the proposed Project would not introduce substantial odor-generating sources or result in odor conditions beyond those previously evaluated in the GP EIR.
Based on the foregoing analysis, implementation of the proposed Project would not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people beyond what was previously evaluated, identified, and disclosed in the GP EIR. Therefore, no new or substantially greater impacts would occur. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
Cumulative Impacts
As described in the GP EIR on page 4.2-40, cumulative contributions to regional air quality impacts are considered cumulatively considerable. However, as discussed above and in Appendix A, the proposed Project would not exceed PCAPCD thresholds and would not contribute considerably to cumulative air quality impacts. The PCAPCD concluded that if a project’s ozone precursor and PM10 emissions would be greater than the PCAPCD’s operational-level thresholds, the project would conflict with relevant attainment plans and could result in a cumulatively considerable contribution to a significant cumulative impact. Conversely, if a project’s ozone precursor and PM10 emissions are less than operational-level thresholds, the project would not conflict with the relevant attainment plan. As shown in Table AQ-3 above, operation of the proposed project would generate regional emissions that would be below the operational-level thresholds; therefore, the project’s contribution to the cumulative emissions of criteria pollutants for which the PCAPCD area is in non-attainment would not be considerable.
Conclusion
Regarding the issue area of air quality, the following findings can be made:
15183 Findings
1. No peculiar impacts to the Project or its site have been identified.
2. There are no significant effects that were not analyzed as part of the GP EIR.
3. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR.
4. The GP EIR air quality analysis used the proposed General Plan land use designations, projected traffic, and anticipated residential, commercial, office, and industrial development under the proposed Land Use Diagram. Based on the analysis provided in thissection, the Project’s consistency with the General Plan and zoning designation, the Project’s development intensity being within the level analyzed in the GP EIR, and the findings of the project-specific Air Quality, Energy, and Greenhouse Gas Impact Analysis, no substantial new information has been identified that would result in an air quality impact more severe than anticipated in the GP EIR.
5. No new mitigation measures would be required because Project specific impacts would be less than significant with compliance with existing SCOAs and regulations listed below. 1105
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 56
Uniformly Applied Development Policies or Standards (DP/S) PCAPCD Rule 228 – Fugitive Dust. Requires implementation of dust control measures for construction activities capable of generating fugitive dust, including stabilization of disturbed areas, pre-watering, limiting vehicle speeds on unpaved surfaces, covering haul trucks, preventing track-out onto public roadways, and suspending grading during high wind conditions. Ensures particulate matter emissions (PM10 and PM2.5) are minimized and do not result in visible emissions beyond the project boundary.
PCAPCD Rule 205 – Nuisance. Prohibits the discharge of air contaminants, including odors, in quantities that cause injury, detriment, nuisance, or annoyance to a considerable number of persons or the public.
Provides regulatory enforcement to address objectionable odors and protect nearby sensitive receptors.
PCAPCD Rule 218 – Architectural Coatings. Limits volatile organic compound (VOC) content in paints and coatings used during construction and operation to reduce emissions that contribute to ozone formation and regional air quality degradation.
GP Goals and Policies
Policy LU-13 Review proposals for new residential development for compatibility with the character and scale of nearby neighborhoods, while providing a variety of densities and housing types as reflected by the zoning and land use designation of the infill property.
Policy C-2 Coordinate land use and transportation planning to support transit services, NEV facilities and non-motorized transportation.
Policy C-52 Require landscaping and tree planting along railroad right-of-way and along existing streets as appropriate.
Policy OCR-58 Stationary and Mobile Source Control Measures. Require development projects to incorporate stationary and mobile source control measures recommended by the Placer County Air Pollution Control District (PCAPCD) and approved by the City for protection of air quality during construction and subsequent operations.
Policy OCR-59 Coordination with PCAPCD. Continue to consult with the Placer County Air Pollution Control District in the development and implementation of stationary and mobile source control measures affecting the City of Rocklin.
GP EIR Mitigation Measures
MM 4.2.1 Reduce Exposure to Toxic Air Contaminants (TACs). Residential development projects and projects categorized as sensitive receptors shall be located an adequate distance from existing and potential sources of toxic air contaminant (TAC) emissions such as freeways, major arterials, industrial sites, and hazardous material locations. “Adequate distance” will be based on site-specific conditions, the type and location of sensitive receptors, the types and amounts of potential TAC emissions, mitigation measures which reduce potential health risks from TAC emissions, and other factors. 1106
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 57
6.4. BIOLOGICAL RESOURCES
Would the Project:
Project
Impact
that is
Peculiar to
the Project
or the
Project
Site
Significant
Impact not
Analyzed
as
Significant
in the
Prior EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
Not
Previously
Analyzed
in the
Prior EIR
a) Have a substantial
adverse effect, either
directly or through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
b) Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural community
identified in local or regional
plans, policies, regulations
or by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
c) Have a substantial
adverse effect on State or
federally protected
wetlands (including, but not
limited to, marsh, vernal
pool, coastal, etc.) through
direct removal, filling,
hydrological interruption, or
other means?
1107
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 58
Would the Project:
Project
Impact
that is
Peculiar to
the Project
or the
Project
Site
Significant
Impact not
Analyzed
as
Significant
in the
Prior EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
Not
Previously
Analyzed
in the
Prior EIR
d) Interfere substantially
with the movement of any
native resident or migratory
fish or wildlife species or
with established native
resident or migratory
wildlife corridors, or impede
the use of native wildlife
nursery sites?
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
f) Conflict with the
provisions of an adopted
Habitat Conservation Plan,
Natural Community
Conservation Plan, or other
approved local, regional, or
State habitat conservation
plan?
Summary of Impacts Identified in the GP EIR
The General Plan EIR analyzed the anticipated impacts that would occur to the biological resources of the Planning Area as a result of the future urban development that was contemplated by the General Plan.
These impacts included special-status species, species of concern, non-listed species, biological communities and migratory wildlife corridors (City of Rocklin General Plan Update Draft EIR, 2011, pages
4.10-1 through 4.10-47). Mitigation measures to address these impacts are incorporated into the General Plan in the Open Space, Conservation and Recreation Element, and include policies that encourage the protection and conservation of biological resources and require compliance with rules and regulations protecting biological resources, including the City of Rocklin Oak Tree Preservation Ordinance.
The General Plan EIR concluded that, despite these goals, policies and rules and regulations protecting biological resources, significant biological resources impacts will occur as a result of development under the General Plan and further, that these impacts cannot be reduced to a less than significant level.
Specifically, the General Plan EIR found that buildout of the Rocklin General Plan will impact riparian 1108
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 59
habitat or other sensitive biological communities, will result in the loss of native oak and heritage trees, will result in the loss of oak woodland habitat and will contribute to cumulative impacts to biological resources. Findings of fact and a statement of overriding considerations were adopted by the Rocklin City Council in regard to these impacts, which were found to be significant and unavoidable.
Project-Specific Impacts
This section was prepared using the following reports:
• General Biological Assessment, prepared by Psomas, May 2026. Included as Appendix B. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. This topic was evaluated in the GP EIR as Impacts 4.10.1 and 4.10.2 and was determined to result in less than significant impacts with implementation of GP EIR Mitigation Measure 4.10.1 (Rocklin 2011, pp. 4.10-29 through 4.10-36).
The GP EIR identified that, pursuant to General Plan Policy OCR-40, individual development projects are required to be in compliance with the State and Federal Endangered Species Act. As discussed in General Plan Mitigation Measure 4.10.1, if sensitive species or suitable habitat are identified, mitigation would be implemented to reduce potential impacts to less-than-significant levels. The GP EIR also identifies General Plan Policies OCR-5, OCR-39, OCR-40, and OCR-41 as policies that would assist in avoiding or minimizing impacts to special-status species by requiring CEQA review, protection of wetlands, vernal pools, and rare, threatened, and endangered species, compliance with applicable State and federal regulations, and use of on-site or off-site mitigation where appropriate. Consistent with these policies and GP EIR Mitigation Measure 4.10.1, a General Biological Assessment (GBA) was prepared for the proposed Project by EPD Solutions, Inc. in May 2026 (Appendix B). The GBA included a literature review and a field survey conducted on April 3, 2026, to document existing habitat conditions, identify plant and wildlife species present, evaluate potential State and federal waters, assess wildlife movement potential, and evaluate the presence of habitat for special-status species.
The GBA describes that the Project site is vacant, undeveloped, and consists of approximately 5.84 acres of annual grassland habitat, 0.01 acres of seasonal depression, and 1.25 acres of developed/disturbed areas. Implementation of the proposed Project would impact approximately 5.82 acres of annual grassland habitat and 1.25 acres of developed/disturbed areas. The portion of the seasonal depression that extends onto the Project site would be avoided, and the proposed retaining wall along the western border would be constructed around the onsite portion of the seasonal depression to provide a buffer between the seasonal depression and proposed development.
According to the GBA, no listed special-status plant species were determined to be present on the Project site due to lack of suitable habitat and/or suitable soils. The GBA identified potential habitat for Cooper’s hawk, Crotch’s bumble bee, vernal pool fairy shrimp, Swainson’s hawk, and California linderiella. Cooper’s hawk and Swainson’s hawk have potential to occur because the Project site contains suitable nesting or foraging habitat. Crotch’s bumble bee also has potential to occur due to the presence of suitable grassland habitat. Vernal pool fairy shrimp and California linderiella have potential to occur within the seasonal depression; however, the Project has been designed to avoid the onsite portion of the seasonal 1109
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 60
depression, and therefore implementation of the Project is not expected to result in impacts to these species.
For Crotch’s bumble bee, the GBA recommends pre-construction surveys if ground-disturbing activities are scheduled to begin between February 1 and October 31. Surveys would be conducted by a qualified biologist in accordance with CDFW guidance for CESA candidate bumble bee species. If suitable habitat is confirmed, focused surveys would be conducted during the colony active period. If Crotch’s bumble bee is detected and impacts cannot be avoided, the Project applicant would be required to consult with CDFW and obtain appropriate take authorization pursuant to Fish and Game Code Section 2080 et seq. These survey, avoidance, consultation, and take authorization requirements are consistent with GP EIR Mitigation Measure 4.10.1, which requires feasible mitigation where special-status species are found or are likely to occur and allows mitigation to be determined by the City after USFWS and CDFW are provided an opportunity to comment. The Project site contains disturbed annual grassland habitat that is generally consistent with habitat types anticipated for future urban development within the General Plan planning area. The requirement for pre-construction surveys, consultation with CDFW, and implementation of avoidance or mitigation measure included as Mitigation Measure (MM) BIO-1 is consistent with the regulatory compliance framework and mitigation approach already established in the GP EIR for specialstatus species. As such, the presence or potential presence of Crotch’s bumble bee would not result in environmental effects that are more severe than those analyzed in the GP EIR, nor would it create a significant effect peculiar to the Project or site pursuant to CEQA Guidelines Section 15183.
In addition, migratory birds and raptors have the potential to nest in trees and shrubs within the Project site. Thus, to ensure compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code, MM BIO-2 has been included to require ground-disturbing activities to either be scheduled outside of the avian breeding season or pre-construction nesting bird surveys and appropriate avoidance measures would be implemented if work occurs during the breeding season. The GBA identifies the nesting bird season as February 1 through September 15 and recommends avoiding vegetation removal and construction activities adjacent to nesting habitat during the breeding season, or conducting preconstruction surveys prior to construction. If active nests are detected, appropriate no-work buffers would be established and monitored by a qualified biologist, as needed. These nesting bird avoidance and survey requirements are also consistent with GP EIR Mitigation Measure 4.10.1 because they provide feasible measures to avoid or reduce impacts to special-status and protected species that may occur on the Project site.
No listed special-status plant species were determined to be present on the Project site due to lack of suitable habitat and/or suitable soils. No other listed special-status species were determined to be present on the Project site, except for those species identified above as having potential to occur.
Therefore, with the implementation of GP EIR Mitigation Measure 4.10.1, as applied through the Projectspecific recommendations identified in the GBA, impacts related to candidate, sensitive, or special-status species would be less than significant. Based on the foregoing analysis, no new or substantially greater impacts related to candidate, sensitive, or special-status species would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
1110
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 61
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.10.3 and was determined to result in a significant and unavoidable impact (Rocklin 2011, pp. 4.10-36 through 4.10-38).
Riparian habitats are those occurring along the banks of rivers and streams. Sensitive natural communities are natural communities that are considered rare in the region by regulatory agencies, known to provide habitat for sensitive animal or plant species, or known to be important wildlife corridors. As discussed above, the Project site is vacant and undeveloped and consists primarily of annual grassland habitat, with a small seasonal depression and developed/disturbed areas. No riparian habitat occurs on the Project site.
The GBA identified a small seasonal depression adjacent to the Union Pacific Railroad tracks that extends approximately 10 feet onto the southwestern portion of the Project site. The seasonal depression is an isolated feature that collects and holds water for short periods following storm events and does not have connectivity to upstream or downstream waterbodies or aquatic resources. Therefore, the GBA determined that the seasonal depression would not be considered waters of the United States regulated by USACE or RWQCB under Sections 404 and 401 of the Clean Water Act; however, CDFW may exert jurisdiction over the feature under Fish and Game Code Section 1602, and RWQCB may exert jurisdiction under Porter-Cologne.
The Project has been designed to avoid the onsite portion of the seasonal depression. The proposed retaining wall along the western border would be constructed around the onsite portion of the seasonal depression to provide a buffer between the seasonal depression and proposed development. Therefore, the proposed Project would not directly impact riparian habitat, wetlands, or other sensitive natural communities. Consistent with GP EIR Mitigation Measure 4.10.1, the GBA recommends avoidance measures for the onsite seasonal depression, including demarcation of Project impact areas, installation of erosion control measures, worker environmental awareness training, and measures to avoid the introduction and spread of invasive plant species included as MM BIO-3. These recommendations implement the mitigation framework already established in the GP EIR and do not constitute new mitigation.
Therefore, with implementation of GP EIR Mitigation Measure 4.10.1, as applied through the Projectspecific avoidance measures identified in the GBA, impacts related to riparian habitat or other sensitive natural communities would be less than significant. Based on the foregoing analysis, no new or substantially greater impacts related to riparian habitat or other sensitive natural communities would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required. c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.10.3 and was determined to result in a significant and unavoidable impact (Rocklin 2011, pp. 4.10-36 through 4.10-38). 1111
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 62
Riparian habitats are those occurring along the banks of rivers and streams. Sensitive natural communities are natural communities that are considered rare in the region by regulatory agencies, known to provide habitat for sensitive animal or plant species, or known to be important wildlife corridors. The GP EIR determined that implementation of the General Plan could result in disturbance, degradation, or removal of riparian and wetland habitats. The GP EIR identified General Plan Policies OCR-5, OCR-39, OCR-40, and OCR-41, along with GP EIR Mitigation Measure 4.10.1, as measures that would assist in avoiding or minimizing impacts to sensitive biological communities and federally protected wetlands; however, because complete offset of habitat loss could not be ensured in every circumstance, this impact was determined to be significant and unavoidable at the program level.
As discussed above, the GBA determined that the Project site does not contain streams, rivers, lakes, or federally protected wetlands regulated by USACE under Section 404 of the Clean Water Act. Although a small seasonal depression extends onto the southwestern portion of the Project site, the GBA determined that this feature is isolated, lacks connectivity to upstream or downstream waterbodies, and would not be considered waters of the United States. The feature may be subject to CDFW jurisdiction under Fish and Game Code Section 1602 and/or RWQCB jurisdiction under Porter-Cologne; however, the Project has been designed to avoid the onsite portion of the seasonal depression.
Consistent with GP EIR Mitigation Measure 4.10.1, the GBA recommends avoidance measures for the onsite seasonal depression, including demarcation of Project impact areas, installation of erosion control measures, worker environmental awareness training, and measures to avoid the introduction and spread of invasive plant species included as MM BIO-3. These avoidance measures would provide site-specific measures to avoid or minimize potential indirect impacts to biological resources identified during Projectlevel review. Therefore, because the Project has been designed to avoid the onsite seasonal depression, no direct removal, filling, or hydrological interruption of a wetland or potentially jurisdictional aquatic feature would occur with development of the Project site. Based on the foregoing analysis, no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no subsequent review is required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.10.4 and was determined to result in less than significant impacts with implementation of GP EIR Mitigation Measure 4.10.1 (Rocklin 2011, pp.
4.10-38 through 4.10-39).
The GP EIR identified that remaining natural lands within the Planning Area, including ridgelines, annual grasslands, oak woodlands, and riparian/riverine habitat, may provide cover and vegetation that could be used as migratory corridors for common and special-status fish and wildlife species. However, the GP EIR determined that the City is largely built out, and remaining development potential would not substantially convert major remaining undisturbed designated open space areas or riparian areas that could serve as migratory corridors. The GP EIR also noted that the General Plan Land Use Diagram provides several movement corridors designated as open space along waterways in the City that connect with land areas outside of Rocklin. Therefore, impacts to migratory corridors were determined to be less than significant, and no mitigation was required.
1112
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 63
The GBA evaluated the Project site for its function as a wildlife corridor. The Project site consists of relatively flat vacant land within a heavily urbanized area and is surrounded by light industrial and commercial development to the north, commercial development to the east and south, and the Union Pacific Railroad tracks followed by residential development to the west. The Project site is not located within a designated wildlife corridor or linkage. Although the onsite annual grassland may provide limited habitat for wildlife species, the site is cut off by urban development in all directions and is not substantial enough to support or facilitate species movement. Therefore, the GBA determined that the Project site does not provide movement corridors for resident or migratory wildlife species.
Therefore, the proposed Project would not interfere substantially with the movement of native resident or migratory fish or wildlife species, conflict with an established wildlife corridor, or impede the use of native wildlife nursery sites. Based on the foregoing analysis, no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no subsequent review is required. e) Conflict with any local policies or ordinances protecting biological resources? No New Impact. This topic was evaluated in the GP EIR as Impact 4.10.5 and was determined to result in a significant and unavoidable impact (Rocklin 2011, pp. 4.10-39 through 4.10-43).
The GP EIR determined that implementation of the General Plan could conflict with local policies or ordinances protecting biological resources as a result of the removal of native oak trees, including heritage trees and other mature, healthy oak trees, and the removal of oak woodland habitat. The GP EIR identified that these impacts would be addressed through General Plan Policies OCR-5, OCR-41, and OCR-43, as well as the City of Rocklin Oak Tree Preservation Ordinance, codified in Rocklin Municipal Code Chapter 17.77.
However, because removed mature oak trees and oak woodland habitat would not be immediately replaced with equivalent mature habitat, the GP EIR determined this impact would remain significant and unavoidable at the program level.
The GBA identified blue oak and interior live oak trees on the Project site. The City of Rocklin Oak Tree Preservation Ordinance regulates the removal of protected oak trees and encroachment into protected zones of such trees. The ordinance applies to native oak trees within the City with a diameter at breast height of 6 inches or greater, and provides special protection for heritage oak trees, defined as native oak trees with a diameter at breast height of 24 inches or greater, and compliance with the ordinance is included as MM BIO-4.
The GBA recommends that an oak tree survey be conducted by a certified arborist to document the type, size, and condition of all oak trees measuring 6 inches or greater in diameter at breast height on the Project site for the purpose of determining whether an oak tree removal permit would be required. If impacts to onsite oak trees would occur, the Project would be required to comply with the City of Rocklin Oak Tree Preservation Ordinance, including any applicable requirements for off-site tree replacement, contributions to the Rocklin Oak Tree Preservation Fund, and/or dedication of land, as determined through the City’s development review process.
Therefore, the proposed Project would be required to comply with the City of Rocklin Oak Tree Preservation Ordinance and would not conflict with any local policies or ordinances protecting biological resources. Based on the foregoing analysis, no new or substantially greater impacts would occur with 1113
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 64
implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no subsequent review is required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? No New Impact. This topic was evaluated in the GP EIR as Impact 4.1.4 and was determined to result in a less-than-significant impact (Rocklin 2011, pp. 4.1-35 through 4.1-36).
The GP EIR identified that the Placer County Conservation Plan was prepared as a Natural Community Conservation Plan and Habitat Conservation Plan as part of the Placer Legacy Program. However, the GP EIR states that the City of Rocklin chose not to participate in the Placer County Conservation Plan, and that the Placer Legacy Program, Placer County Conservation Plan, and Natural Community Conservation Plan are outside the City of Rocklin and its Sphere of Influence. The GP EIR further states that none of these plans have targeted areas for conservation within the City, and because the City is not a participant, the City is not subject to the provisions of these programs. Therefore, the GP EIR determined that conflicts with a habitat conservation plan or natural community conservation plan are not anticipated.
The General Biological Assessment prepared for the proposed Project did not identify the Project site as being located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan area. The GBA evaluated potential conflicts with local or regional plans, policies, or regulations and identified the City of Rocklin Oak Tree Preservation Ordinance as the applicable local biological resource protection requirement (Appendix B) Therefore, because no adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan applies to the Project site, the proposed Project would not conflict with the provisions of any such plan. Based on the foregoing analysis, no new or substantially greater impacts would occur with implementation of the proposed Project beyond what was previously evaluated, identified, and disclosed in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no subsequent review is required.
Cumulative Impacts
As discussed in the GP EIR on page 4.10-44, implementation of the General Plan would result in a cumulatively considerable impact to biological resources. Although direct impacts to special-status wildlife species could occur as a result of Project implementation, these impacts would be mitigated to a less-than-significant level through implementation of the applicable General Plan EIR mitigation measures and Project-specific mitigation measures. As discussed in this section, the Project has been designed to avoid sensitive biological resources to the maximum extent practicable, including avoidance of the onsite seasonal depression. In addition, pre-construction surveys, biological monitoring, and other avoidance and minimization measures would reduce impacts to special-status species and sensitive habitatsto a less than significant level. The Project would also comply with all applicable federal, state, and local regulations protecting biological resources. Pursuant to CEQA Guidelines Section 15183, the Project would not result in any new or more severe significant biological impacts than those analyzed in the General Plan EIR.
Furthermore, the Project would not contribute to the General Plan's identified cumulative biological 1114
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 65
impacts in a cumulatively considerable manner because Project-specific impacts would be avoided, minimized, and mitigated in accordance with the mitigation framework established in the General Plan EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional environmental review is required.
Conclusion
Regarding the issue area of biological resources, the following findings can be made:
15183 Findings
1. No peculiar impacts to the Project or its site have been identified.
2. There are no significant effects that were not analyzed as part of the GP EIR.
3. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR.
4. The GP EIR biological resources analysis used the project description, existing setting, significance standards, database search results, literature review, aerial photo review, habitat mapping, and special-status species assessment under the proposed General Plan Land Use Diagram. Based on the analysis provided in this section, the Project’s consistency with the General Plan and zoning designation, the Project’s development intensity being within the level analyzed in the GP EIR, and the findings of the project-specific General Biological Assessment, no substantial new information has been identified that would result in a biological resources impact more severe than anticipated in the GP EIR.
5. No new mitigation measures would be required. Project specific impacts would be less than significant with adherence to GP EIR mitigation measures listed below.
Uniformly Applied Development Policies or Standards (DP/S) Federal Endangered Species Act (FESA). The proposed Project would be required to comply with the Federal Endangered Species Act, which prohibits unauthorized take of federally listed threatened and endangered species and requires consultation and/or take authorization where impacts to federally listed species could occur.
California Endangered Species Act (CESA). The proposed Project would be required to comply with the California Endangered Species Act, which prohibits unauthorized take of State-listed threatened, endangered, and candidate species and requires consultation and/or take authorization from CDFW where impacts to such species could occur.
Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503, 3503.5, and 3513.
The proposed Project would be required to comply with the MBTA and California Fish and Game Code provisions protecting native birds, raptors, migratory birds, active nests, and eggs. Compliance may require avoidance of vegetation removal during the nesting season or pre-construction nesting bird surveys and appropriate avoidance buffers if construction occurs during the nesting season.
Clean Water Act Sections 401 and 404. The proposed Project would be required to comply with applicable federal requirements regulating the discharge of dredged or fill material into waters of the United States, if such resources are determined to be present or affected by Project activities. 1115
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 66
Porter-Cologne Water Quality Control Act. The proposed Project would be required to comply with applicable State water quality requirements regulating discharges to waters of the State, if such resources are determined to be present or affected by Project activities.
California Fish and Game Code Section 1602. The proposed Project would be required to comply with CDFW streambed alteration requirements if Project activities would substantially divert or obstruct the natural flow of, substantially change the bed, channel, or bank of, or deposit material into a stream, lake, or other feature subject to CDFW jurisdiction.
City of Rocklin Municipal Code Chapter 17.77. Oak Tree Preservation. The proposed Project would be required to comply with the City of Rocklin Oak Tree Preservation Ordinance, which regulates the removal of protected native oak trees and encroachment into protected oak tree zones. Compliance may include preservation, replacement planting, payment into the Rocklin Oak Tree Preservation Fund, dedication of land, or other requirements determined through the City’s development review process.
GP Goals and Policies
Policy OCR-5: Utilize the California Environmental Quality Act (CEQA) as the primary regulatory tool for identifying and mitigating, where feasible, impacts to open space and natural resources when reviewing proposed development projects.
Policy OCR-39: Require the protection of wetlands, vernal pools, and rare, threatened and endangered species of both plants and animals through either avoidance of these resources, or implementation of appropriate mitigation measures where avoidance is not feasible, as determined by the City of Rocklin.
Policy OCR-40: Require compliance with the State and Federal Endangered Species Acts and the Clean Water Act as conditions of development project approval.
Policy OCR-41: Recognize that onsite protection of natural resources may not always be feasible and that offsite methods, such as use of mitigation banks, may be used.
Policy OCR-43: Mitigate for removal of oak trees and impacts to oak woodlands in accordance with the City of Rocklin’s Oak Tree Preservation Ordinance, or for projects located in zones not directly addressed by the Oak Tree Preservation Ordinance mitigation measures, on a project-by-project basis through the planning review and entitlement process.
GP EIR Mitigation Measures
Mitigation Measure 4.10.1: MM 4.10.1 The following shall be added as action steps to the General Plan Update Open Space, Conservation and Recreation Element:
• To offset possible losses of sensitive native wildlife and plant habitat (e.g., wetland habitat, riparian habitat, and oak woodlands) due to development projects, developers shall be responsible for mitigation. Such mitigation measures may include providing and permanently maintaining similar quality and quantity of replacement habitat, enhancing existing habitat areas, or paying fees towards an approved habitat mitigation bank. Replacement habitat may occur either on-site or at approved off-site locations.
• For those areas in which special-status species are found or are likely to occur, the City shall require feasible mitigation of impacts to those species that ensure that the activity does not 1116
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 67
contribute to the decline of the affected species such that their decline would impact the viability of the species. Mitigation shall be determined by the City after the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) are provided an opportunity to comment.
The GBA identified potential biological resources on the Project site, including potential habitat for Crotch’s bumble bee, nesting birds, the onsite seasonal depression, and oak trees. Consistent with GP EIR MM 4.10.1, the following project-specific mitigation measures are applied to the proposed Project to avoid or reduce impacts to biological resources identified during Project-level review. These measures implement the mitigation framework established by GP EIR MM 4.10.1 by requiring feasible mitigation where sensitive habitat or special-status species are found or are likely to occur.
Project Specific Mitigation Measures
Mitigation Measure BIO-1: Crotch’s Bumble Bee Surveys and Avoidance. If ground-disturbing activities are scheduled to begin between February 1 and October 31, Crotch’s bumble bee pre-construction surveys shall be conducted by a qualified biologist based on CDFW’s survey guidance for CESA candidate bumble bee species. Surveys shall consist of a habitat assessment evaluating the likelihood of bumble bees occurring within and adjacent to the Project site. If the habitat assessment finds that the site does not contain suitable habitat for Crotch’s bumble bee, no further surveys shall be required. If suitable habitat is present, focused surveys shall be conducted, consisting of three onsite surveys spaced two to four weeks apart during the colony active period from April through August. If Crotch’s bumble bee is detected on the Project site, the Project shall develop a plan to fully avoid impacts to the species. If impacts cannot be feasibly avoided, the Project applicant shall consult with CDFW and obtain appropriate take authorization pursuant to Fish and Game Code Section 2080 et seq. The Project shall comply with the mitigation measures detailed in the take authorization issued by CDFW.
Mitigation Measure BIO-2: Nesting Bird Surveys and Avoidance. To avoid direct and indirect impacts to raptors and/or migratory birds, grubbing and clearing of vegetation that may support active nests and construction activities adjacent to nesting habitat shall occur outside of the breeding season, generally January 15 through August 31. If removal of habitat and/or construction activities adjacent to nesting habitat are necessary during the breeding season, the Project shall retain a qualified biologist to conduct a pre-construction survey to determine the presence or absence of non-listed nesting migratory birds on or within 300 feet of the construction area, and federally or State-listed birds and raptors on or within 500 feet of the construction area. The pre-construction survey shall be conducted within three calendar days prior to the start of construction. If nesting birds are detected, no-work buffers shall be established, including 300 feet for non-listed nesting migratory birds and 500 feet for listed birds or raptors, unless reduced by a qualified biologist based on site-specific conditions. If construction must occur within the recommended buffer, a qualified biologist shall be present to monitor nesting behavior and determine the appropriate nest buffer.
Mitigation Measure BIO-3: Seasonal Depression Avoidance. The Project has been designed to avoid direct impacts to the onsite portion of the seasonal depression. To ensure no indirect impacts to the seasonal depression, Project impact areas shall be clearly demarcated prior to construction, and all workers shall be made aware of the impact limits and avoided areas. No ground- or vegetation-disturbing activities shall occur outside of the Project impact limits, and all vehicles and equipment shall be restricted to the Project impact limits or existing designated access roads and staging areas. Erosion control 1117
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 68
measures shall be placed between the avoided seasonal depression and the outer edge of the impact limits prior to commencement of construction activities and shall be maintained until construction is completed and soils have stabilized. A qualified biologist shall conduct worker environmental awareness training for all contractors, work crews, and onsite personnel to aid workers in recognizing sensitive biological resources known to occur on the Project site. The Project shall retain a qualified biologist on an as-needed basis to assist with potential biological issues that may arise during construction. To avoid introduction and spread of non-native invasive plant species, clothing, vehicles, and equipment shall be cleaned prior to entering the Project site, and materials used for the Project, such as fill dirt or erosion control materials, shall be from weed-free locations or certified weed-free.
Mitigation Measure BIO-4: Oak Tree Survey and Compliance. In accordance with the City of Rocklin Oak Tree Preservation Ordinance, Chapter 17.77 of the Rocklin Municipal Code, an oak tree survey shall be conducted by a certified arborist to document the type, size, and condition of all oak trees measuring 6 inches or greater in diameter at breast height on the Project site for the purpose of determining whether an oak tree removal permit is required. If impacts to onsite oak trees would occur, mitigation shall be provided in accordance with the City of Rocklin Oak Tree Preservation Ordinance, which may include offsite tree replacement, contributions to the Rocklin Oak Tree Preservation Fund, and/or dedication of land, as determined by the City.
1118
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 69
6.5. CULTURAL RESOURCES
Would the Project:
Project
Impact
that is
Peculiar to
the Project
or the
Project
Site
Significant
Impact not
Analyzed
as
Significant
in the
Prior EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
Not
Previously
Analyzed
in the
Prior EIR
a) Cause a substantial
adverse change in the
significance of a historical
resource pursuant to in §
15064.5?
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to §15064.5?
c) Disturb any human
remains, including those
interred outside of formal
cemeteries?
Summary of Impacts Identified in the GP EIR
The General Plan EIR analyzed the anticipated impacts that would occur to historical, cultural and paleontological resources within the Planning area as a result of the future urban development that was contemplated by the General Plan. These impacts included potential destruction or damage to any historical, cultural, and paleontological resources (City of Rocklin General Plan Update Draft EIR, 2011, pages 4.8-1 through 4.8-21). Mitigation measures to address these impacts are incorporated into the General Plan in the Land Use and Open Space, Recreation and Conservation Elements, and include goals and policies that encourage the preservation and protection of historical, cultural and paleontological resources and the proper treatment and handling of such resources when they are discovered.
The General Plan EIR concluded that despite these goals and policies, significant cultural resources impacts will occur as a result of development under the General Plan and further, that these impacts cannot be reduced to a less than significant level. Specifically, the General Plan EIR found that buildout of the Rocklin General Plan will contribute to cumulative impacts to historic character. Findings of fact and a statement of overriding considerations were adopted by the Rocklin City Council in regard to these impacts, which were found to be significant and unavoidable. 1119
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 70
Project-Specific Impacts
a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.8.1 and was determined to have a less than significant impact (City of Rocklin, 2011, pp. 4.8-14 to 4.8-16).
CEQA defines a historical resource as a resource that meets one or more of the following criteria: (1) listed in, or determined eligible for listing in, the California Register of Historical Resources (CRHR); (2) listed in a local register of historical resources as defined in PRC Section 5020.1(k) or identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (3) determined to be a historical resource by a project’s Lead Agency (PRC Section 21084.1 and CEQA Guidelines Section 15064.5[a]).
The California Register defines a “historical resource” as a resource that meets one or more of the following criteria: (1) associated with events that have made a significant contribution to the broad patterns or local or regional history of the cultural heritage of California; (2) associated with the lives of persons important to local, California; (3) embodies the distinctive characteristics of a type, period, California region, or method of construction or represents the work of a master or possesses high artistic values; or (4) has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. No known historical resources have been identified on the project site.
As identified in the GP EIR, future development within the City has the potential to result in direct or indirect impacts to historical resources; however, implementation of General Plan policies OCR-62, historic resource preservation, and OCR-66, reuse of historic structures, would avoid or minimize impacts through preservation, documentation, or appropriate treatment of resources.
While there is the potential for undiscovered resources to be encountered during construction, compliance with applicable General Plan policies and standard regulatory requirements would ensure that any such resources are appropriately identified and managed. Furthermore, the Project would be subject to an inadvertent discovery requirement whereby, if historical resources are encountered during construction, work would be temporarily halted in the vicinity of the find and a qualified professional would be retained to evaluate the resource and recommend appropriate treatment measures consistent with CEQA Guidelines Section 15064.5.
Therefore, the proposed Project would not result in a substantial adverse change in the significance of a historical resource and would not result in new or more severe impacts beyond those identified in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
No New Impact. This topic was evaluated in the GP EIR as Impact 4.8.1 and was determined to be less than significant (City of Rocklin, 2011, pp. 4.8-14 to 4.8-16). 1120
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 71
As identified in the GP EIR, development within the City has the potential to impact archaeological resources; however, implementation of General Plan policies OCR-62, historic resource preservation, and OCR-65, archaeological/paleontological protection, would avoid or minimize impacts through preservation, documentation, or appropriate treatment of resources.
To address this potential, the proposed Project would implement MM CUL-1, requiring that if archaeological resources are encountered during construction, work be temporarily halted in the vicinity of the find and a qualified archaeologist be retained to evaluate the resource and recommend appropriate treatment measures, such as avoidance, preservation in place, or data recovery, consistent with CEQA Guidelines Section 15064.5, in compliance with General Plan Policy OCR-65.
Therefore, the proposed Project would not result in a substantial adverse change in the significance of an archaeological resource and would not result in new or more severe impacts beyond those identified in the GP EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met; therefore, no additional review is required.
c) Disturb any human remains, including those interred outside of formal cemeteries? No New Impact. This topic was evaluated in the GP EIR as Impact 4.8.2 and was determined to be less than significant (City of Rocklin, 2011, pp. 4.8-16 to 4.8-17).
The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate vicinity of the Project site. However, as identified in the GP EIR, there remains the potential for previously undiscovered human remains to be encountered during ground-disturbing activities.
Nevertheless, should human remains be unearthed during grading and excavation activities associated with Project development, the construction contractor would be required by California law to comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. According to Section 7050.5(b) and (c), if human remains are discovered, work in the immediate vicinity would be temporarily halted and a coroner must be contacted and if the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of Native American descent, the coroner is required to contact the NAHC by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. Consistent with General Plan Policy OCR-65 (archaeological and human remains protection), appropriate treatment and disposition would be carried out in consultation with the Most Likely Descendant, where applicable.
Through mandatory compliance with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, in conjunction with implementation of General Plan Policy OCR-65, the proposed Project would not result in significant impacts to human remains. Therefore, the proposed Project would result in no new impact related to disturbance of human remains and would not result in new or more severe impacts beyond those identified in the GP EIR.. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional review is required.
Cumulative Impacts
As discussed in the GP EIR on page 4.8-18, implementation of the General Plan could result in cumulatively considerable impacts to historical, archaeological, and tribal cultural resources due to the potential 1121
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 72
disturbance of previously unidentified resources during future development. The Project would implement all applicable General Plan policies, as well as Project-specific mitigation measures requiring procedures for the identification, evaluation, treatment, and preservation of any previously undiscovered cultural resources encountered during ground-disturbing activities. Because the Project would comply with applicable General Plan policies, implement the mitigation framework established in the General Plan EIR, and incorporate Project-specific measures to avoid and minimize impacts to previously undiscovered resources, the Project would not make a cumulatively considerable contribution to the cumulative impacts identified in the General Plan EIR. Pursuant to CEQA Guidelines Section 15183, the criteria for requiring further CEQA review are not met, therefore no additional environmental review is required.
Conclusion
Regarding the issue area of cultural resources, the following findings can be made:
15183 Findings
1. No peculiar impacts to the Project or its site have been identified.
2. There are no significant effects that were not analyzed as part of the GP EIR.
3. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR.
4. The GP EIR cultural resources analysis used a records search, NAHC Sacred Lands File search, tribal correspondence, review of the Rocklin Historical Society website, and other published cultural and historic sources for the Planning Area. Based on the analysis provided in this section, the Project’s consistency with the General Plan and zoning designation, and the Project’s development intensity being within the level analyzed in the GP EIR and the Project’s development area being the same as was analyzed in the GP EIR, no substantial new information has been identified that would result in a cultural resources impact more severe than anticipated in the GP EIR.
5. No new mitigation measures would be required. Project specific impacts would be less than significant with adherence to the City’s mitigation measures, as listed below.
Uniformly Applied Development Policies or Standards (DP/S) None.
GP Goals and Policies
Policy OCR-62. Preserve historically significant resources in place if feasible, or provide mitigation (avoidance, excavation, documentation, curation, data recovery, or other appropriate measures) prior to further disturbance.
Policy OCR-65. Preserve significant archaeological resources (including Native American remains) and paleontological resources in place if feasible, or provide mitigation (avoidance, excavation, documentation, curation, data recovery, or other appropriate measures) prior to further disturbance. 1122
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 73
GP EIR Mitigation Measures
No mitigation measures related to cultural resources are included in the GP EIR.
Project Specific Mitigation Measures
Mitigation Measure CUL-1: Unanticipated Resources. The developer/permit holder or any successor in interest shall comply with the following for the life of this permit. If during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed:
All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted and the Project archaeologist shall call the City Environmental Services Manager immediately upon discovery of the cultural resource. A meeting shall be convened between the developer, the Project archaeologist, the Native American tribal representative, and the City Environmental Services Manager to discuss the significance of the find. At the meeting with the aforementioned parties, a decision is to be made, with the concurrence of the City Environmental Services Manager, as to the appropriate treatment (documentation, recovery, avoidance, etc.) for the cultural resource. Resource evaluations shall be limited to nondestructive analysis.
Further ground disturbance shall not resume within the area of the discovery until the appropriate treatment has been accomplished.
1123
Pacific and Midas Apartments Project CEQA Consistency Analysis and Checklist City of Rocklin 74
6.6. ENERGY
Would the Project:
Project
Impact that
is Peculiar to
the Project
or the
Project Site
Significant
Impact not
Analyzed
as
Significant
in the Prior
EIR
Potentially
Significant
Off-site or
Cumulative
Impact not
Discussed in
the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No
New
Impact
Not
Previously
Analyzed
in the Prior
EIR
a) Result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during Project
construction or operation?
b) Conflict with or obstruct a
State or local plan for
renewable energy or energy
efficiency?
Summary of Impacts Identified in the GP EIR
The GP EIR determined that short-term construction activities would result in temporary increases in electricity demand and transportation-related energy use, with energy consumption fluctuating based on the construction phase. Construction activities would be typical of development under the General Plan and would not result in substantial or inefficient energy use (City of Rocklin General Plan Update Draft EIR, 2011, pages 4.13-30 through 4.13-32).