Chapter 40, 40A, 40C and 40D; File No. ORD22-0004

2022120442

Sonoma County

NOE - Notice of Exemption

12/16/2022

12/16/2022

Eric Gage

Sonoma County Permit Sonoma

Planner III

Lead/Public Agency

Sonoma County PRMD 2550 Ventura Avenue
Santa Rosa, CA 95403

(707) 565-1391

Eric.Gage@sonoma-county.org

Countywide

Countywide

Categorical Exemption

Categorical Exemption(s). 15301-15303 and 15305 (Existing Facilities; Replacement or Reconstruction; New Construction or

California Code of Regulations, title 14 (“CEQA Guidelines”) §15301 exempts the maintenance, operation and/or permitting of existing facilities. This ordinance allows existing dwellings on agricultural parcels, existing guest houses and residential accessory structures, and recreational vehicles to continue to be used as interim housing for displaced persons, for a limited time period and subject to the standards and requirements in Chapters 40, 40A, 40C and 40D and applicable permits. This ordinance also extends Chapter 40, 40A, 40C and 40D provisions allowing year-round occupancy of existing seasonal and extended seasonal farmworker housing, during the effective period of Chapters 40, 40A, 40C and 40D. CEQA Guidelines §15302 exempts projects involving replacement or reconstruction of existing structures on the same site and having substantially the same purpose and capacity as the structure replaced. This ordinance would modify and extend those existing provisions of Chapters 40, 40A, 40C, and 40D related to reconstruction of legal nonconforming uses and structures and to use of ministerial design standards to residential reconstruction in scenic landscape units. CEQA Guidelines §15303 exempts the conversion of existing small structures from one use to another. This ordinance would allow existing legally permitted guest houses, pool houses, and other habitable residential accessory structures to be rented to displaced persons on an interim basis until Chapters 40, 40A, 40C, and 40D expire. It also allows interim residential use of certain existing visitor-serving uses, including marketing accommodations, farmstays, bed and breakfast inns, resorts, retreats and camps, until Chapters 40, 40A, 40C, and 40D expire. CEQA Guidelines § 15305 exempts minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. Allowing existing seasonal and extended seasonal farmworker housing to be occupied year-round until the expiration of Chapters 40, 40A, 40C, and 40D is a temporary change in land use limitations that does not change land use or density. This ordinance’s provisions governing reconstruction of legal nonconforming residential structures and use of ministerial design standards to review of applications to rebuild residential structures also do not change land use or density. Similarly, allowing existing farm family dwellings, marketing accommodations, farmstays, bed and breakfast inns, resorts, retreats and camps to be used for interim housing does not change land use or density; residential use of these facilities is temporary and the permitted land use does not change. In all cases, these temporary allowances for housing would expire on or before the expiration date of Chapters 40, 40A, 40C, and 40D.