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ORDINANCE NO. ORD- 2022- 010
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20
OF THE SANTA ROSA CITY CODE TO PROHIBIT NEW GAS STATION LAND USES
AND TO PROHIBIT EXPANSION OF FOSSIL FUEL INFRASTRUCTURE FOR EXISTING GAS STATION LAND USES, FILE REZ22-001
WHEREAS, the City of SantaRosais a member of the SonomaCounty Regional Climate Protection Authority ( RCPA) which was formed in 2009 to coordinate countywide climate protection efforts among SonomaCounty’s nine incorporated cities and multiple agencies; and
WHEREAS, RCPA adopted a Climate Mobilization Strategy ( Strategy) in March 2021 which outlines 13 countywide strategiesunder local control that have the potential to significantly reduce GHG emissions by 2030; and
WHEREAS, one of the Strategy’s initiatives is decarbonization by transitioning away from all useof fossil fuels; and
WHEREAS, to acceleratethe shift from fossil fuel to electric vehicles, the cities of Petaluma, Sebastopol, Rohnert Park, and Cotati have adopted regulations to prohibit new fossil fuel-basedgasstations and the expansionof existing fossil fuel infrastructure at existing gas stations; the Town of Windsor Planning Commission has recommended Town Council approval of a gasstation prohibition ordinance; and
the County of SonomaBoard of Supervisors hasdirected Permit Sonomastaff to draft a gasstation prohibition ordinance; and
WHEREAS, the United StatesEnvironmental Protection Agency (EPA) hasclassified gasstations and fuel storagelocations asusesthat may result in a brownfield site which are properties where the expansion, redevelopment, or reusethereof may be complicated by the presenceor potential presenceof a hazardoussubstance, pollutant, or contaminant; and WHEREAS, common contaminants found at gasstation sites include gasoline, diesel, and petroleum oil, volatile organic compoundsand solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or potentially present, at gasstations threatensthe public health, safety, or welfare of neighboring communities; and WHEREAS, aboveground and underground tanks, when usedfor the storageof hazardoussubstancesand wastes, are potential sourcesof contamination of air, soil, surface water, and aquifers, and may poseother dangersto public health and the environment; and WHEREAS, with increasedfuel economy standardsfor motor vehicles, an increasein electric vehicles being usedfor transportation, and competition from large discount retailers, the number of operating gasstations is expectedto decline; and Attachment 17
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WHEREAS, the transportation sector accounts for approximately 60% of greenhouse gas GHG) emissionsin SonomaCounty; and
WHEREAS, the City must reducefossil fuel consumption by increasing transit ridership, biking, and walking, and replacing fossil fuel powered vehicles with electric and other alternatively powered vehicles; and
WHEREAS, there are 44 operating gasstations within City limits, 41 of which are in City areas that have been identified as having the highest concentration of people of color and/ or people living in poverty; and
WHEREAS, in 2021, plug-in electric vehicles (EVs) accountedfor more than 12% of all light- duty vehicle sales in California. With the rapid rise of practical and affordable EVs, and many new models becoming available on a regular basis, the needfor fossil fuel-basedgas stations will diminish; and
WHEREAS, on January 26, 2018, Governor Edmund G. Brown, Jr. issued Executive Order B-48-18 which identifies the transportation sector asresponsiblefor emitting 50 percentof California' s total greenhouse gas emissions ( GHG) and 80 percent of the smog- forming oxides of nitrogen. Executive Order B-48-18 directs all stateentities to work with local government and the private sector to ensure at least 5 million zero- emission vehicles on California roads by 2030 and the creation of 250,000 zero emission vehicle charging stations to support such vehicles; and WHEREAS, on September9, 2019, the SonomaCounty Regional Climate Protection Authority ( RCPA) Board of Directors approved a resolution ( Resolution No. 2019- 002) endorsing the declaration of a climate emergency and immediate emergency mobilization to restorea safe climate, which included a commitment to working with the Bay Area Air Quality Management District and Northern Sonoma County Air Pollution Control District on improving air quality and reducing ozone precursors, particulate matter, toxic air contaminants, and greenhouse gas emissions; and
WHEREAS, on January 14, 2020, the Council of the City of Santa Rosa adopted Resolution No. 2020-002 (Climate Emergency Resolution) declaring a climate emergencyand elevating climate issues to the highest priority in its goal setting. The Climate Emergency Resolution commits the City to take action to mitigate, draw down, and take adaptive measures to reach carbon neutrality by 2030. Sonoma County’ s nine incorporated cities and the County of Sonomahave adoptedsimilar climate emergencyresolutions; and WHEREAS, on September23, 2020, Governor Newsom issuedExecutive Order N-79-20 setting 2035 as the year when all new passenger cars and trucks sold in California must be zero- emission; and
WHEREAS, on May 12, 2021, City staff provided the CAS with a presentationand facilitated discussion around the City’ s existing gas station regulations and potential policy changes; and
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WHEREAS, on September 13, 2021, the RCPA Board of Directors adopted Resolution 2021-003 which recommendedthe county and all incorporated jurisdictions in SonomaCounty cease acceptance of all applications for new gas stations or expansion of existing gas station infrastructure in their local jurisdiction;” and
WHEREAS, on February 9, 2022, the City’s Climate Action Subcommittee (CAS) directed staff to draft an ordinance to ban new gas stations and the expansion of fossil fuel infrastructure of existing gasstations within the City; and WHEREAS, the Zoning Code currently allows new gasstations with a Conditional Use Permit in Commercial Office ( CO), Neighborhood Commercial ( CN), General Commercial CG), Motor Vehicle Sales (CV), Station Mixed Use (SMU), Maker Mixed Use (MMU), Community Shopping Center ( CSC), Light Industrial ( IL), and General Industrial ( IG) zoning districts; and
WHEREAS, on July 14, 2022, the City of SantaRosaPlanning Commission held a public hearing and adopted Resolution No PC-2022- 016 recommending that the City Council amendthe Zoning Code to ban new gasstations and prohibit expansionof fossil fuel infrastructure for existing gas stations; and
WHEREAS, after a duly noticed public hearing on August 23, 2022, the Council of the City of SantaRosafound that amending Title 20 of the SantaRosaCity Code, basedon evidence and records presented, is required for implementation of the City’ s General Plan and Climate Action Plan, and public convenience, necessityand welfare; and THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. The Council of the City of SantaRosafinds, basedon the evidence and records presented, that amending Title 20 (Zoning) of the SantaRosaCity Code, asfollows, is required to prohibit new gasstation land uses (gasstations) and to prohibit expansion of fossil fuel infrastructure for existing gasstations, asappropriate and necessaryfor the City of Santa Rosa.
The Council of the City of SantaRosafurther finds and determinesthat:
A. The proposedamendmentsare consistentwith the goals and policies of the SantaRosa General Plan, Climate Action Plan, and all Specific Plans. General Plan Goal OSC-M states reduce greenhousegas emissions.” This ordinance furthers this Goal OSC-M because businessesthat support the useof fossil fuels result in the creation of increasedair pollution/ greenhousegases, increasedtraffic congestion, negatively affecting community health outcomes, acceleration of climate change, impacts to water quality, and other negative environmental or indirect effects. The proposedordinance would prohibit new gasstations and expansion of fossil fuel infrastructure for existing gasstations. Furthermore, the proposedamendmentssupport City Council Resolution RES-2020-002 which adoptsa Climate Emergency Framework and acceleratesthe City’s carbon neutrality goal to 2030, consistent with Climate Action Plan goals.
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B. The proposed amendments are consistent with the 2012 Climate Action Plan’s Measure 5.2 which states “Support the State's implementation of the Low Carbon Fuel Standard and facilitate the use of alternative fuels in Santa Rosa,” and Action item # 5.2.1 which states require new refueling stations to provide biodiesel fuel, compressednatural gas, liquefied natural gas, electric vehicle charging stations, or other alternative fuels.” The proposed ordinance prohibiting gasstations and expansionof fossil fuel infrastructure is consistent with providing support of alternative fuels, associated shifts in transportation modes, and may lead to increaseddevelopment of alternative fuel stationsand infrastructure.
C. The proposedamendmentswill not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendments will prohibit the issuance of land useor development entitlements for new gasstations and the expansionof fossil fuel infrastructure of existing gas stations which result in greenhouse gas emissions that result in negative health, safety and other impacts.
D. Amending the Zoning Code to prohibit new automotive gasor fueling stations is not a project within the meaning of CEQA Guidelines Section 15378, because the amendments have no potential to result in a physical changein the environment, directly or ultimately.
This item supports the City’ s stated goal to reach zero GHGs across all sectors by beginning to phaseout fossil fuel salesfor transportation usesin the City and expanding the availability of zero emission fueling stations. Gas stations are a land use inconsistent with achieving zero GHGs. Removing gasstations asa permitted usewill prevent new gasstations from being permitted and classify existing gas stations as a “nonconforming use”, requiring a minor use permit with a public hearing for modifications. It will not force existing gasstations to close.
All repairs and modifications to aboveground and underground storage tank systems shall continue to be reviewed and permitted by the Certified Unified Program Agency ( CUPA).
In the alternative, if the action is determined to be a project, it has been found exempt from CEQA review in accordancewith Sections15307 and 15308 becausethis ordinance constitutes action taken by a regulatory agency to protect natural resources and the environment. The proposedOrdinance would establisha limit to infrastructure that directly supports or perpetuates the use of fossil fuels for vehicles, which is the largest source of greenhousegasemissionsfor the City. Consistent with the City Council’s adoptedClimate Emergency Resolution, this step will advance the goal of carbon neutrality by 2030.
In addition, the proposed Ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3), becausethere is no possibility that the Ordinance might have a significant effect on the environment. This ordinance will prohibit new gasstations and the expansion of fossil fuel infrastructure at existing gas stations, in turn, preventing future groundwater or surface water contamination, leaks from underground tanks, or improper disposal of gasoline. The City hasfurther determined that no exceptions to the exemptions apply and there is no reasonablepossibility that the activity will have a significant effect on the environment due to unusual circumstances. (CEQA Guidelines section15300.2.) At the time of future development proposals, additional environmental analysis may be required to analyze the potential environmental impacts associatedwith specific development projects and usesproposedat specific locations.
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E. The proposed amendments are internally consistent with other applicable provisions of the Zoning Code asthis ordinance relatesto the prohibition of new gasstation land uses.
Proposed modifications of existing nonconforming gas stations will continue to require an entitlement permit which will allow review for compatibility and consistency with surrounding uses and this Zoning Code, and all areas of the code have been thoroughly reviewed for accuracy.
Section 2. Amend SantaRosaCity Code Section 20-23.030, Commercial district land uses and permit requirements, replacing Table 2-6, to read and provide as follows:
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TABLE 2-6 Allowed Land
Uses and Permit
Requirements for
Commercial Zoning
Districts*
P Permitted Use, Zoning Clearance required
MUP Minor Conditional Use Permit required
CUP Conditional Use Permit required
S See Specific Use Regulations for permit requirement
Use not allowed
PERMIT REQUIRED BY DISTRICT
LAND USE ( 1) CO
CN
7) CG CV CMU SMU MMU
CSC
2) TV- M
Specific
Use
Regulation
s
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Artisan/ craft product
manufacturing
MUP P — MUP MUP P P —
Brewery— Brew pub — MUP MUP — MUP MUP P MU
P
MUP
Cannabis— Commercial
cultivation— up to 5,000 sq ft
MUP — —
Cannabis— Distribution — — — — — — MUP — —
Cannabis— Manufacturing
Level 1 (non-volatile)
MUP — —
Cannabis Microbusiness — — — — — — MUP — —
Cannabis— Testing
laboratory
MUP — — — — — P — — 20-46
Laboratory— Medical,
analytical
MUP — — — MUP MUP P — —
Manufacturing/ processing—
Light
P — —
Manufacturing/ processing—
Medium
MUP — —
Media production — — — — — — P — —
Printing and publishing — — — — MUP MUP P — —
Recycling— Reverse vending
machines
P P — — — — P — 20-42.120
Recycling— Small collection
facilities
MUP — — — — MU
P
20-42.120
Researchand development — — — — MUP P P — —
Storage— Accessory P P P P P P P P P
Storage— Personal storage
facility ( mini- storage)
MUP — — — — — 20-42.180
Winery— Boutique — — MUP — MUP MUP P MU
P
MUP
Winery— Production — — CUP — CUP CUP MUP — CUP
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult entertainment business S S S S S S S S S 20-40
Commercial recreation
facility— Indoor
MUP — MUP MUP MUP MU
P
MUP
Community garden (6) P P P P P P P P P
Conference/convention
facility
CUP — MUP MUP CUP — CUP
Health/ fitness facility—
Commercial
MUP P — P P P P MUP
Health/ fitness facility—
Quasi-public
MUP P — P P P P MUP
Library, museum P P P MUP P P P P P
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Meeting facility, public or
private
MUP MUP MUP MUP MUP MUP MUP MUP MUP
Park, playground P P P MUP P P P P P
School, public or private MUP MUP MUP MUP MUP MUP MUP MUP MUP Sports and entertainment
assembly facility
CUP — MUP MUP CUP — —
Studio— Art, dance, martial
arts, music, etc.
MUP P P — P P P P MUP
Theater, auditorium — — CUP — MUP MUP MUP CUP MUP
RESIDENTIAL USES ( SeeSection 20-28.080, Senior Housing (- SH) combining district, for specific requirements regarding proposed senior housing developments)
Animal keeping— Domestic
and exotic
S S S — S S S S S 20-42.040
Community care facility— 6
or fewer clients
P P P — P P P P P 20-42.060
Community care facility— 7
or more clients
MUP MUP MUP — MUP MUP MUP MUP MUP 20-42.060
Emergency shelter— 50 or
fewer beds
CUP CUP P CUP CUP CUP CUP CUP CUP 20-42.190
Emergency shelter— 51 or
more beds
CUP CUP CUP CUP CUP CUP CUP CUP CUP 20-42.190
Home occupation S S S — S S S S S 20-42.070
Live/ work MUP MUP MUP — P P P MUP MUP 20-42.080
Multi- family dwelling CUP P MUP — P P P P P(5)
Residential accessory uses
and structures
P P P — P P P 20-42.030
Residential component of a
mixed use project
MUP P MUP — P P P P P(5) 20-42.090
Single- family dwelling—
Attached only
CUP P CUP — MUP MUP P P P(5)
Single room occupancy
facility
CUP MUP MUP MUP CUP — 20-42.164
Supportive housing (12) P P P — P P P P P
Transitional housing CUP CUP CUP CUP MUP MUP MUP — CUP
Work/ live MUP MUP MUP MUP MUP MUP MUP MUP MUP 20-42.060
RETAIL TRADE
Accessory retail uses P P P P P P P P P 20-42.024
Alcoholic beverage sales — CUP CUP — CUP CUP CUP CUP CUP 20-42.034 Artisan shop — P P — P P P P P
Auto and vehicle salesand
rental
MUP( 11) P — — — — —
Auto parts sales (no
installation services)
P(11) P — — — P —
Bar/tavern — CUP CUP — CUP CUP CUP CUP CUP 20-42.034
Building and landscape
materials sales— Indoor
P(11) — — — — P —
Building and landscape
materials sales— Outdoor
MUP — — — — MUP — 20-42.100
Cannabis— Retail
dispensary) and delivery
CUP(1
0)
CUP(
10)
CUP(10) — — — — CUP
10)
20-46
Construction and heavy
equipment salesand rental
MUP — — — — —
Drive- through retail sales — CUP CUP(11) — — — — CUP — 20-42.064 Electric vehicle sales — — — — MUP MUP MUP — —
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Farm supply and feed store — — MUP — — — — MUP —
Fuel dealer (propane for
home and farm use, etc.)
CUP — — — — —
Furniture, furnishings,
appliance/equipment store
P — P P P P MUP
Gas station — — — — — — — — —
General retail— Up to 20,000
sf of floor area
P(11) P — P P P P P
General retail— More than
20,000 sf, up to 50,000 sf
MUP
11)
P (11) — P P MUP P MUP
General retail— More than
50,000 sf of floor area
CUP (11) — — — — P —
Grocery store, small— Less
than 20,000 sf
P P — P P P P P
Grocery store, large— 20,000
sf and greater
CUP
11)
CUP (11) — P P P P CUP 20-42.200
Mobile food vending — — MUP( 9) — MUP MUP MUP — — 20-42.210 Mobile home, boat, or RV
sales
MUP P — — — — —
Neighborhood center MUP P P CUP P P P P MUP
Night club — — MUP( 11) — MUP MUP MUP MUP MUP
Office— Supporting retail MUP P P — P P P P P
Outdoor display and sales — MUP MUP — MUP
13)
MUP
13)
MUP
13)
CUP CUP 20-42.110
Pharmacy MUP P P — P P P P MUP
Restaurant, café, coffee
shop— Counter ordering
MUP P P — P P P P P
Restaurant, café, coffee
shop— Outdoor dining
P(8) P(8) P(8) — P(8) P(8) P(8) P(8) P(8) 20-
42.110, 20-
42.160
Restaurant, café, coffee
shop— Servingalcohol (nobar)
P P P — P P P P P
Restaurant, café, coffee
shop— Table service
MUP P P — P P P P P
Second hand store — MUP MUP — MUP MUP MUP MUP MUP
Shopping center — — P — P P P P —
Tasting room — MUP P — P P P P P
Tobacco or smoke shop — — MUP — MUP MUP MUP MUP MUP
Warehouse retail — — CUP(11) — — — — CUP —
SERVICES— BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P P P P P P 20-42.044
Bank, financial services MUP P P — P P(5) P(5) P P(5)
Business support service MUP MUP P — P P P P P
Medical service— Clinic,
urgent care
P MUP P — P P MUP P MUP
Medical service— Doctor
office
P P P — P P(5) MUP P P(5)
Medical service— Health care
facility
MUP — MUP — — — — — — 20-42.060
Medical service— Hospital CUP CUP
11)
CUP( 11) CUP CUP CUP CUP CUP CUP
Medical service— Integrated
medical health center
P MUP P — P P P P MUP
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Medical service— Lab P — P — — — — MUP —
Medical service— Veterinary
clinic, animal hospital
MUP — MUP — — — — MUP —
Office— Accessory P P P P P P P P P
Office— Business/service P P P — P P P P P(5)
Office— Government P MUP MUP MUP P MUP MUP MUP MUP
Office— Processing MUP — MUP — MUP MUP MUP — MUP
Office— Professional P MUP P — P P P — P(5)
SERVICES— GENERAL
Accessory services P P P P P P P P P 20-42.030
Adult day care — P MUP — MUP MUP MUP P MUP
Catering service — — P — — — P — —
Child day care— Large
family day care home
MUP MUP MUP — P P P MUP MUP 20-42.050
Child day care— Small
family day care home
P P P — P P P P P 20-42.050
Child day care center MUP MUP MUP — MUP MUP MUP MUP MUP 20-42.050 Drive- through service — CUP CUP — — — — CUP — 20-42.064 Equipment rental — — P(4) — — — — — —
Extended hours of operation
11:00 p.m. to 6:00 a.m.)
MUP MUP — P P P MUP MUP
Lodging— Bed and breakfast
inn ( B& B)
MUP — P P P — MUP
Lodging— Hotel or motel MUP — MUP — P(4) P(4) P(4) — P
Mortuary, funeral home — — CUP — — — — — —
Personal services P P(2) P — P P P P P
Personal services—
Restricted
MUP — MUP MUP MUP MUP —
Public safety facility MUP MUP MUP MUP MUP MUP MUP MUP MUP Repair service— Equipment,
large appliances, etc.
MUP — — — — — —
Social service organization MUP — MUP — MUP MUP MUP — — Vehicle services— Major
repair/body work
P(4) — — — — —
Vehicle services— Minor
maintenance/repair
MUP P(4)
11)
MUP MUP —
TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE
Broadcasting studio P — P — P P P P P
Parking facility, public or
commercial
MUP — MUP — P(4) PP(4) MUP — MUP
Telecommunications
facilities
S S S S S S S S S 20-44
Transit station or terminal MUP MUP MUP MUP MUP MUP MUP MUP MUP Utility facility CUP CUP CUP CUP CUP CUP CUP CUP CUP
Utility infrastructure P P P P P P P P P
Key to Zoning District Symbols
CO Office
Commercial
CV Motor Vehicle Sales TV-
M
Transit Village—
Mixed MMU Maker Mixed Use
CN Neighborhood
Commercial
CD Downtown Commercial CMU Core Mixed Use
CG General CSC Community Shopping Center SMU Station Mixed Use Ord. No. ORD- 2022- 010
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Commercial
Notes:
1) SeeDivision 7 for land use definitions.
2) Each new development or project involving significant additions or reconstruction is required to be a mixed use project with a residential component in compliance with the residential density requirements for the CSC zoning district as described in Sections20-23.040 and 20-23.080.
3) Each new development on a site shown in Figure 2-1, Section 20-23.060.C shall be a mixed use project, and each new development within the Courthouse Square Sub-Area of the Downtown Station Area Specific Plan shall provide activity- generating usesat the ground floor along all public streets. 4) Minor Conditional Use Permit required when site abuts residential zoning district or parcel with residential use 5) Uses permitted on upper stories of building, Minor Use Permit required when proposed on ground floor. 6) A community garden is allowed on the sameproperty as an existing permitted meeting facility provided that the establishment of the garden does not trigger a grading permit or affect the operation and design of the meeting facility. 7) Residential usesare encouraged as part of new development on sites zoned CN, as described in Section 20-23.050. 8) Administrative Design Review is required when a project is not part of a building permit application. 9) Mobile food vending is permitted on private property, with the approval of a Minor Use Permit, only on sites located within the CG zoning district that have street frontage on Sebastopol Road, between Stony Point Road and Olive Street, as described in Section 20-42.210.
10) Subject to a 600-foot minimum setback requirement to a “school,” as defined by the Health and Safety Code Section 11362.768. In addition, a cannabis retail use shall not be established within 600 feet of any other cannabis retail use established within and permitted by the City of Santa Rosa. 11) Not permitted in the Southeast Greenway area.
12) Supportive housing is allowed only when the proposed use meets each of the requirements of Assembly Bill 2162, as specified in Government Code Section 65651.
13) Outdoor dining permitted by right, pursuant to Section 20-42.110.B Section 3. Amend SantaRosaCity Code Section 20-24.030, Industrial district land uses and permit requirements, replacing Table 2-10, to readand provide asfollows:
TABLE 2-10 Allowed Land Uses and Permit
Requirements for Industrial Districts*
P Permitted Use, Zoning Clearance required
MU
P Minor Conditional Use Permit required
CU
P Conditional Use Permit required
S See Specific Use Regulations for requirement
Use not allowed
LAND USE ( 1)
PERMIT REQUIRED BY ZONE
2) Specific Use
RegulationsBP IL IG
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Agricultural product processing — — P(3)
Artisan/ craft product manufacturing P P P
Brewery— Brew pub P CUP —
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Brewery— Production P P P
Cannabis— Commercial cultivation— up to 5,000
sq ft
MUP MUP 20-46
Cannabis— Commercial cultivation— 5,001 sq ft or
greater
CUP CUP 20-46
Cannabis— Distribution MUP( 4) P(3) P(3) 20-46
Cannabis— Manufacturing level 1 (non-volatile) P(3) P(3) P(3) 20-46 Cannabis— Manufacturing level 2 (volatile) — CUP CUP 20-46 Cannabis— Microbusiness — CUP CUP 20-46
Cannabis— Testing laboratory P P P 20-46
Community care facilities— 6 or fewer clients P P P
Community care facilities— 7 or more clients MUP MUP MUP Furniture/ fixtures manufacturing, cabinet shops — P(3) P(3) Laboratory— Medical, analytical P P —
Laundry, dry cleaning plant — MUP P
Manufacturing/ processing— Heavy — — MUP
Manufacturing/ processing— Light P(3) P(3) P(3)
Manufacturing/ processing— Medium — MUP MUP
Media production— Indoor only P P(3) P(3)
Media production— With outdoor uses MUP P(3) P(3)
Petroleum product storage and distribution — — MUP
Printing and publishing P(3) P(3) P
Recycling— Large collection facility — — MUP 20-42.120
Recycling— Processing facility — — MUP 20-42.120
Recycling— Reverse vending machines P P P(3) 20-42.120
Recycling— Scrap or dismantling yard — — MUP 20-42.120
Recycling— Small collection facility MUP MUP MUP 20-42.120 Researchand development P P MUP
Storage— Accessory P P P(3)
Storage— Contractor’s yard — MUP MUP
Storage— Open during extended or transitional
hours
MUP MUP
Storage— Outdoor — MUP MUP 20-42.170
Storage— Personal storage facility ( mini- storage) — P(3) P(3) 20-42.180 Warehouse, wholesaling and distribution MUP ( 4) P(3) P(3) Winery— Boutique P P P
Winery— Production P P P
RECREATION, EDUCATION & PUBLIC
ASSEMBLY USES
Adult entertainment business S S S 20-40
Commercial recreation facility— Indoor MUP P P
Commercial recreation facility— Outdoor — MUP —
Community garden (6) P P P
Conference/convention facility MUP( 4) MUP —
Health/fitness facility— Commercial MUP MUP —
Health/fitness facility— Quasi-public MUP MUP —
Meeting facility, public or private MUP MUP —
School, public or private MUP MUP MUP
Sports and entertainment assembly facility — CUP —
Studio— Art, dance, martial arts, music, etc. MUP MUP — Theater, auditorium — CUP —
RESIDENTIAL USES ( SeeSection 20-28.080, Senior Housing (- SH) combining district, for specific requirements regarding proposed senior housing developments) Accessory dwelling unit P(4) — — 20-42.130
Animal keeping— Domestic/ exotic S S S 20-42.040
Caretaker unit MUP( 4) MUP(
4)
MUP( 4)
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Emergency shelter CUP CUP CUP
Home occupation S — — 20-42.070
Junior accessory dwelling unit P(4) — — 20-42.130
Live/ work unit MUP — — 20-42.080
Mixed use project MUP — —
Mobile home/manufactured housing CUP(4) — — 20-42.094
Multi- family dwellings CUP(4) — —
Organizational house CUP(4) — —
Residential accessory usesand structures P(4) — —
Single-family dwelling CUP(4) — —
Supportive housing(8) P — —
Transitional housing CUP CUP CUP
Work/ live unit MUP MUP MUP 20-42.080
RETAIL TRADE
Accessory retail uses P(4) P P 20-42.024
Alcoholic beverage sales — CUP — 20-42.034
Auto and vehicle salesand rental — MUP —
Bar/tavern — CUP —
Building and landscape materials sales— Indoor — P MUP
Building and landscape materials sales— Outdoor — MUP MUP Cannabis— Retail ( dispensary) and delivery CUP(7) CUP(7) CUP( 7)
20-46
Construction and heavy equipment sales and rental — MUP MUP Farm supply and feed store — P MUP
Fuel dealer (propane for home and farm use, etc.) — — MUP Gas station — — —
Neighborhood center MUP
5)
MUP( 5) CUP
5)
Night club — CUP —
Office supporting retail P — —
Restaurant, café, coffee shop— Counter ordering P(4) P CUP Restaurant, café, coffee shop— Outdoor dining MUP
4)
MUP CUP
Restaurant, café, coffee shop— Serving alcohol ( no
bar)
P(4) P CUP
Restaurant, café, coffee shop— Table service P(4) P CUP Warehouse retail CUP(4) CUP CUP
SERVICES— BUSINESS, FINANCIAL,
PROFESSIONAL
ATM P P — 20-42.044
Bank, financial services P — —
Business support service P P MUP
Medical service— Clinic, urgent care P MUP —
Medical service— Doctor office P — —
Medical service— Health care facility MUP — — 20-42.060 Medical service— Integrated medical health center P MUP — Medical service— Lab P MUP —
Medical service— Veterinary clinic, animal hospital — MUP MUP Office— Accessory P P P(3)
Office— Business/service P — —
Office— Government P — —
Office— Processing MUP — —
Office— Professional P — —
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SERVICES— GENERAL
Accessory services P(4) P MUP 20-42.024
Catering service — P P
Child day care center MUP MUP — 20-42.050
Equipment rental — P(3) P(3)
Extended hours of operation ( 11:00 p.m. to 6:00
a.m.)
MUP MUP MUP
Kennel, animal boarding — MUP MUP
Lodging— Hotel or motel CUP(4) — —
Maintenance service— Client site services MUP P P
Personal services P MUP —
Public safety facility MUP( 2 MUP MUP
Repair service— Equipment, large appliances, etc. — MUP P(3) Vehicle services— Major repair/body work — MUP P(3)
Vehicle services— Minor maintenance/repair — P P(3)
TRANSPORTATION, COMMUNICATIONS &
INFRASTRUCTURE
Broadcasting studio P P P
Parking facility, public or commercial — — MUP
Taxi or limousine dispatch facility — MUP MUP
3)
Telecommunications facilities S S S 20-44
Truck or freight terminal — MUP MUP(
3)
Utility facility — P(3) P(3)
Utility infrastructure P(3) P(3) P(3)
Vehicle storage — MUP P(3)
Key to Zoning District Symbols
BP Business Park IG General Industrial
IL Light Industrial
Notes:
1) See Division 7 for land use definitions.
2) The reoccupancy of a building with an allowable use that is similar to or less intense than the former use may be permitted without MUP or CUP approval. SeeSection 20-24.030.B.
3) MUP required if the use, specific suite, or its associatedoperations abuts a residential zoning district or parcel with a residential use.
4) Use only allowed if ancillary and related to a primary or dominant use. 5) Allowed in any industrial district where the review authority first determines that a need exists, and that the proposed business will be economically viable.
6) A community garden is allowed on the sameproperty as an existing permitted meeting facility provided that the establishment of the garden does not trigger a grading permit or affect the operation and design of the meeting facility. 7) Subject to a 600-foot minimum setback requirement to a “school,” as defined by the Health and Safety Code Section 11362.768.
In addition, a cannabis retail use shall not be established within 600 feet of any other cannabis retail use established within and permitted by the City of Santa Rosa.
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8) Supportive housing is allowed only when the proposed use meets each of the requirements of Assembly Bill 2162, as specified in Government Code Section 65651.
The land use and permit requirements set forth in this table shall be waived for all land usesapproved under the provisions of Chapter 20-16, Resilient City Development Measures.
Section 4. Amend and renameSantaRosaCity Code Section 20-42.150, Service stations, to readand provide as follows:
20-42.150 Vehicle Services.
A. Site requirements. A proposedvehicle servicesuseshall be approved only on a site that complies with the following requirements:
1. Site areaand dimensions. The site shall have a minimum areaof 15,000 square feet, at least 100 feet of frontage on an arterial street, a minimum width of 150 feet, and a minimum depth of 100 feet.
2. Proximity to residential. The site shall not adjoin an existing R-1, R-2 or R-3 zoning district or single-family or two-family residential useat the time the vehicle servicesuseis established, except a nonconforming single-family or two-family residential use, or a single-family or two-family residential usein a commercial zone.” Section 5. Add Subsection (E) to SantaRosaCity Code Section 20-61.020, Nonconforming uses, to readand provide asfollows:
E. GasStation modifications.
1. Gasstations and related fossil fuel infrastructure shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such useexcept asoutlined below or asrequired for compliance with local, state, or federal law, or asapproved by the CUPA. Fossil fuel infrastructure subject to this provision includes, but is not limited to structures, features, and facilities related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storagetanks, pumps, dispensers). A Minor Use Permit shall be required for any modifications to existing gasstations and fossil fuel infrastructure unlessproposed modifications are subject to review by a higher review authority pursuantto City Code Section 20-50.020, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority. Land useentitlements required pursuantto this Section are in addition to applicable CUPA permitting requirements.
a. Modifications to Improve Air, Soil, Groundwater, and Stormwater Quality. Gas stations may be modified to conform to current air or stormwater quality control regulations or to remediatecontamination of soil or groundwater.
Ord. No. ORD- 2022- 010
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b. Modifications to Improve Traffic Safety. As determined by the City Engineer, the pedestrian and vehicular circulation features ( e.g., curbing, sidewalks, traffic control devices) of a gas station may be modified to improve public safety. c. Modifications to Enable Zero Emission Vehicles ( Battery Charging Station).
Gas stations may be modified to accommodate battery charging station( s) for zero emission vehicles. Pursuant to Government Code Section 65850. 7, this Zoning Ordinance requires no permit for battery charging stations. d. Temporary and Permanent Closure of Gas Stations. The temporary and permanent closure of gas stations shall be subject to City Code Title 17, Environmental Protection, Chapter 17-34, Certified Unified Program Agency CUPA), and California Code of Regulations Title 23, Chapter 16, Article 7, Underground Storage Tank Closure Requirements, Sections 2670- 2672, Temporary and Permanent Closure, and as outlined in the Santa Rosa Fire Department Underground Storage Tank Closure Policy and Guidelines.” Section 6. Amend the following definition in Santa Rosa City Code Section 20- 70.020, Definitions of specialized terms and phrases, to read and provide as follows:
Gas Station. A retail business selling gasoline and/or other motor vehicle fuels derived from fossil fuels ( e.g., petroleum, coal, natural gas), and related products.” Section 7. Add the following definition to Santa Rosa City Code Section 20-70.020, Definitions of specialized terms and phrases, to read and provide as follows:
Zero Emission Vehicle. A vehicle that does not emit exhaust gas or other pollutants from the onboard source of power under any and all possible operational modes and conditions.”
Section 8. Environmental Determination. Amending the Zoning Code to prohibit new automotive gasor fueling stations is not a project within the meaning of CEQA Guidelines Section 15378, becausethe amendmentshave no potential to result in a physical changein the environment, directly or ultimately. This item supportsthe City’s statedgoal to reach zero GHGs acrossall sectorsby beginning to phaseout fossil fuel salesfor transportation usesin the City and expanding the availability of zero emission fueling stations. Gasstations are a land use inconsistent with achieving zero GHGs. Removing gasstations asa permitted usewill prevent new gasstations from being permitted and classify existing gasstations asa “nonconforming use”, requiring a minor usepermit with a public hearing for modifications. It will not force existing gas stations to close.
In the alternative, if the action is determined to be a project, it has been found exempt from CEQA review in accordance with Sections 15307 and 15308 because this ordinance constitutes action taken by a regulatory agencyto protect natural resourcesand the environment. The proposedOrdinance would establisha limit to infrastructure that directly supportsor perpetuates Ord. No. ORD- 2022- 010
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the use of fossil fuels for vehicles, which is the largest source of greenhouse gas emissions for the City. Consistent with the City Council’ s adopted Climate Emergency Resolution, this step will advance the goal of carbon neutrality by 2030.
In addition, the proposedOrdinance is exempt from CEQA pursuantto the “common sense” exemption under CEQA Guidelines section 15061(b)(3), becausethere is no possibility that the Ordinance might have a significant effect on the environment. This ordinance will prohibit new gasstations and the expansion of fossil fuel infrastructure at existing gasstations, in turn, preventing future groundwater or surfacewater contamination, leaks from underground tanks, or improper disposal of gasoline. The City hasfurther determined that no exceptions to the exemptions apply and there is no reasonablepossibility that the activity will have a significant effect on the environment due to unusual circumstances. (CEQA Guidelines section15300.2.) At the time of future development proposals, additional environmental analysis may be required to analyze the potential environmental impacts associated with specific development projects and uses proposed at specific locations.
Section 9. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reasonheld to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 10. Existing Applications. Any application to permit a new gasstation land use that hasbeendeemedcomplete for processingby the effective dateof this ordinance is exempt from this Ordinance and may continue to be processedand consideredby the appropriate review authority.
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Section 11. Effective Date. This ordinance shall take effect on the 31st day following its adoption.
This ordinance was introduced by the Council of the City of SantaRosaon August 23, 2022.
IN COUNCIL DULY PASSED AND ADOPTED this 13th day of September, 2022.
AYES: ( 7) Mayor C. Rogers, Vice Mayor Alvarez, Council Members Fleming, MacDonald, N. Rogers, Sawyer, Schwedhelm
NOES: ( 0)
ABSENT: ( 0)
ABSTAIN: ( 0)
ATTEST: _________________________ APPROVED: ______________________________ City Clerk Mayor
APPROVED AS TO FORM: _______________________
Deputy City Attorney
Jeff Berk ( Sep 14, 2022 14: 39 PDT)
Chris Rogers ( Sep 19, 2022 22: 25 PDT)
CC - ORD-2022-010 (09-13-2022)
Final Audit Report 2022-09-20
Created: 2022-09-14
By: Gretchen Emmert ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAx03PdQUJBw-gZokm1ah1bQV0lca0YgtY CC - ORD-2022-010 (09-13-2022)" History
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