To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr, Director (707) 565-1754, Eric Gage, Project Planner (707) 565-1391
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
2:00 P.M. Housing Action Plan Implementation
End
Recommended Action:
Recommended action
Adopt an Ordinance amending Sonoma County Code Chapter 26 (Zoning Code), Articles 04, 08, 24, 59, 63, 75, 88, 89, 90 and 93, to implement the Housing Element and finding the proposed ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085 and CEQA Guidelines Sections 5378(b)(5) and 15061(b)(3).
end
Executive Summary:
The Sonoma County Housing Element facilitates and encourages housing development over the 8-year planning period beginning February 1, 2023 and ending in early 2031. The Housing Element includes a total of 100 implementation actions across 32 programs as part of the County’s Housing Action Plan to address the housing issues, barriers, and inconsistencies with State housing law that were identified through staff analysis, public outreach and demographic analysis. The proposed Zoning Code revisions, as shown in Exhibit A, implement the following subprograms:
• Subprogram 15c. Modify the Density Unit Equivalent program to eliminate the 1.25 unit calculation disincentive for four-bedroom units, and instead allow them to count as 1.0 density (Sec. 26-08-040).
• Subprogram 15d. Increase the number of allowable units from three to four cottages by right (Sec. 26-24-060).
• Subprogram 15e. Amend the Zoning Code to clarify that qualifying density bonus projects applying Planned Community zoning may be approved without the need to rezone to the PC designation (Art. 93).
• Subprogram 15f. Modify the Ownership Housing Opportunity Area Program to change the affordability levels based on input from non-profit developers (Sec. 26-89-050).
• Subprogram 15o. Review and revise the County’s Reasonable Accommodations Ordinance to ensure that it complies with fair housing laws (Art. 93).
• Subprogram 16b. Amend the Affordable Housing Combining District (AH) to allow a higher density range for affordable projects that also provide special needs housing (Sec. 26-59-010).
Additionally, the proposed revisions include revisions to the glossary to update or remove obsolete references, and the removal of the Lance Drive local design guidelines, which applied to an unincorporated island within the City of Santa Rosa that has since been annexed by the City. The Planning Commission reviewed the proposed code revisions at two separate hearings, the first in November 2025, and the second in October 2026, and unanimously recommended approval (Resolution No. 26-16).
Discussion:
Density Unit Equivalents.
Following the severe housing shortage caused by wildfires in 2017, the County approved new code amendments to incentivize new housing development. One of these amendments created density unit equivalents, which allow more units in a multifamily residential zone if they are smaller. Density unit equivalents allow small units (micro-apartments and one- and two-bedroom units) to count as a fraction of a unit, and large units (four or more bedrooms) to count as more than one unit. This encourages the development of more, smaller units. However, counting large units as more than one unit can have the unintended effect of discouraging larger units, which is inconsistent with the obligation to affirmatively further fair housing. Therefore, the proposed code amendments would restore the larger units to one (1.0) density unit equivalent. The use of the Density Unit Equivalent is also proposed to be limited to market rate projects to avoid unanticipated stacking with density bonuses, which in general are only available to projects that include affordable units.
Proposed
• Reduce the Density Unit Equivalent for four-bedroom units from 1.5 units to 1 unit
• Make Density Unit Equivalent available only to market rate projects
Planned Communities Zoning District.
The Planned Communities (PC) zoning district allows diverse mixes of uses, buildings, structures, lot sizes and open spaces while ensuring compliance with the General Plan and protecting the public health, safety and general welfare. The PC zoning can provide flexibility if development standards would otherwise be a barrier to affordable housing. Projects that are utilizing the State density bonus program can use concessions for relief from the requirement to apply for and obtain a rezoning to the PC district.
Proposed
• Amend the Zoning Code to clarify that a residential project that qualifies for a State density bonus may apply development standards equivalent to those for the Planned Community (PC) zoning district without rezoning to the PC zone
Cottage Housing Use.
The Cottage Housing use was created and adopted by the Board of Supervisors in 2018 by Ordinance No. 6247. The intent of the new use category was to create “missing middle” housing opportunities, emphasizing smaller units that would be affordable by design and compatible with existing low and medium density residential neighborhoods. To date, no cottage housing projects have been developed. There are roughly 296 vacant parcels zoned Low Density Residential (R1), and 14 vacant parcels zoned Medium Density Residential (R2). During the development of Housing Element programs in 2022 and 2023, Subprogram 15d was drafted to increase the allowance of by-right (i.e. without discretionary approval) cottage units from three to four on a residential parcel consistent with cottage housing design standards. Additional proposed revisions to Cottage Housing provisions will increase the housing category’s utility to developers. Proposed revisions include limitations on cottage height to a single story, increased lot coverage, and larger square footages for cottage units.
Staff recommends increasing the maximum lot coverage in the R1 zone from 40 percent to 50 percent. The current lot coverage maximum of 40 percent in the R1 zoning district is only sufficient to allow four cottage units of 800 square feet each on a lot meeting the minimum parcel size (8,000 square feet), with no remaining lot coverage for any accessory structure, such as a garage. An increase to the maximum lot coverage would make cottage housing developments more feasible on the smallest eligible parcels.
The current code restricts total cottage floor area to 2,700 square feet, which may not provide the flexibility and marketability for developers. Staff proposes allowing a larger square footage for a cottage unit, equivalent to an Accessory Dwelling Unit (ADU) of 1,200 square feet, to further increase the utility of the housing type. ADU allotments on cottage developments are the same as on a typical single-family residential property, limited to up to two detached ADUs and an internal conversion for a Junior ADU. To further ensure compatibility with the surrounding neighborhood, staff also recommends limiting cottage units to a single story with a maximum of 18 feet in height, and deleting the option to exceed the unit limit or development standards with a use permit.
Proposed
• Amend the Zoning Code to allow up to four cottage units by right
• Eliminate the option to exceed four units or deviate from development standards with the approval of a use permit
• Remove total square footage limit for structures
• Set maximum square footage of individual units to 1,200 square feet
• Set maximum heigh limit for new cottage units at 18 feet
Density Bonus Programs.
A density bonus program is a policy tool that allows residential density greater than the base zoning allows if a project includes a certain percentage of the units as deed-restricted affordable. State Density Bonus Law (Government Code Section 65915) provides a mandatory density bonus program that entitles certain developments to exceed local zoning densities and obtain other incentives and concessions, reduced or waived development standards, and parking reductions. State Density Bonus Law is frequently updated by the Legislature for clarifications and expansions of bonus options and incentives. The County offers three density bonus programs in addition to the State program that a developer can utilize:
The Ownership Housing Opportunity Program (Zoning Code Section 26-89-050) allows for additional residential density for small lot subdivisions in the R1 (Low Density Residential) and R2 (Medium Density Residential) zoning districts if a project has a minimum of 20 percent of the total units affordable to very low- or low-income households and the rest of the units are reserved for sale to low- and moderate-income households, ultimately requiring a 100 percent affordable project. An affordable housing project was approved using the Ownership Housing Opportunity Program in 2013.
Subprogram 15f directs staff to modify the affordability levels of the Ownership Program to increase the program’s utility. The Ownership Program currently allows for additional density from the base zoning density up to 11 dwelling units per acre. The program would be revised to be applied in addition to, not instead of, the State’s maximum additional density bonus allowed under Government Code Section 65915(v). Once the maximum State density bonus is applied, then a qualifying project applicant would be able to receive an additional density bonus up to the maximum allowed 11 dwelling units per acre, which remains unchanged. Additional units awarded under the Ownership Program would be deed-restricted for lower-income residents. The resulting unit mix of income-restricted units and market rate units may increase the utility of the program for developers.
The Rental Housing Opportunity Program allows for additional residential density in the R2 (Medium Density Residential) and R3 (High Density Residential) zoning districts if a project has a minimum of 40 percent of the total units (including base units and bonus units) within the project as affordable for rent to very low-or low-income households. Two affordable housing projects have been approved using the Rental Program.
The Rental Program currently allows for a doubling of the base zoning density up to 40 dwelling units per acre, and proposed revisions would not change the current maximum density bonus. The local program would be revised to be applied in addition to, not instead of, the State’s maximum additional density bonus allowed under Government Code Section 65915(v). Once the maximum State density bonus is applied, then a qualifying project would be able to receive an additional density bonus up to the maximum allowed 40 dwelling units per acre. By leveraging State Density Bonus Law, projects will be able to obtain reduced or waived development standards to accommodate the increased density.
The County Supplemental Density Bonus program provides density bonus options not available in the State program, such as density increases for providing units for the Extremely Low-income category or units with accessibility features. Two affordable housing projects have been approved using the supplemental density bonus.
The County’s Supplemental Density Bonus is structured similarly to the State Density Bonus program, providing variable bonus density depending on the percentage of deed-restricted units and the level of affordability. The Supplemental Density Bonus also awards bonus density for incorporating local policy priorities such as onsite renewable energy generation or universal design principles. Over time the State Density Bonus has been periodically enhanced by legislative actions, exceeding local bonuses. Staff proposes editorial revisions to the County Supplemental Density Bonus program to remove the provisions of the program that have been surpassed by the State Density Bonus Law.
Proposed
• Revise the Ownership Program density bonus to be applied in addition to, not instead of, the State’s maximum additional density bonus
• Revise the Rental Program density bonus to be applied in addition to, not instead of, the State’s equivalent density bonus
• Update the County Supplemental density bonus to remove bonus criteria exceeded by the State Density Bonus
Reasonable Accommodations.
Federal and state fair housing laws prohibit discrimination in housing. One such fair housing protection is the right for individuals with disabilities to request a reasonable accommodation. A reasonable accommodation is an exception to the rules and standards, such as the County code, to provide equal opportunity to a person with disabilities. The County code contains a Reasonable Accommodation ordinance, which has not been updated since 2003. The implementation programs in the adopted Housing Element direct staff to make any necessary updates to ensure that there are no barriers to fair housing.
Subprogram 15o directs staff to review and revise the County’s Reasonable Accommodations Ordinance to ensure that it complies with fair housing laws. When the strict application of a land use regulation such as zoning acts as a barrier to fair housing opportunities for disabled people, Federal and State housing law requires housing providers and local jurisdictions to make reasonable accommodations to provide an individual with a disability equal access to housing. The California Department of Housing and Community Development (HCD) provides a model ordinance to support local jurisdictions complying with California’s fair housing laws. The proposed County ordinance update incorporates the recommended language in HCD’s model ordinance.
Proposed
• Revise the County’s Reasonable Accommodations Ordinance consistent with HCD guidance
Affordable Housing (AH) Combining District.
The Affordable Housing (AH) Combining District was adopted by the Board of Supervisors in 2008 by Ordinance No. 5799 to provide for the use of under-utilized commercial or industrial, or residential lands within the County's Urban Service Areas to increase the supply of rental housing affordable to lower-income residents. The AH Combining District is an additional designation to a base zone to also allow residential development consisting entirely of dwelling units affordable to households with incomes in the extremely low-, very low- and low-income categories on permanent foundations with residential densities between 16 and 24 dwelling units per acre. Vacation rental or transient occupancy uses are not allowed in this combining district. An affordable housing project was approved using the AH combining district in 2009.
Subprogram 16b directs staff to add specific provisions to the Affordable Housing (AH) Combining District to increase the district’s utility and promote additional housing development. The AH Combining District is applied as an additional designation to the base zoning, and allows 100 percent affordable residential projects on underutilized commercial, industrial, or residential land within Urban Service Areas at densities between 16 to 24 units per acre. In nonresidential zoning districts, application of the AH Combining District allows residential use where the base zoning district does not allow for it, and in residential zoning districts, it allows residential densities beyond the maximum 20 dwelling units per acre allowed in the High Density Residential (R3) Zoning District, provided the residential use is deed-restricted affordable to lower-income households.
The proposed revisions to the AH Combining District would allow for increased densities of up to 30 dwelling units per acre for projects that reserve:
• 15 percent of units for individuals and families exiting homelessness; or
• 30 percent of units for households with special housing needs; or
• Not less than 20 percent of units available to acutely (15 percent of Area Median Income) low-income individuals or households.
The proposed code modifications would encourage housing production for disadvantaged populations as directed by the County’s adopted Housing Element.
Proposed
• Expand the density allowances of the AH Combining District as directed by the adopted Housing Element
Lance Drive Local Design Guidelines.
At the time of adoption of the County Housing Element in 2023, several parcels in an unincorporated island surrounded by the City of Santa Rosa were included in the Housing Element site inventory. County staff prepared local design guidelines to reflect the design requirements of this area of Santa Rosa for potential development. Annexation of all the parcels subject to these design guidelines was completed in October of 2024, and the code section no longer has any effect.
Proposed
• Delete the Lance Drive local design guidelines
Planning Commission Review
The Planning Commission reviewed the proposed code updates implementing Subprograms 15c, 15e, 15f, and 15o on November 20, 2025, and unanimously recommended approval of the staff recommendation. Planning Commission Resolution No. 25-16 is Attachment 5 of the Board Summary. The Commission reviewed the proposed code updates implementing Subprograms 15d, 15f, and 16b on October 15, 2026, and unanimously recommended approval of the staff recommendation. Planning Commission Resolution No. 26-19 is Attachment 3 of the Board Summary.
General Plan Consistency
The proposed ordinance to implement the Housing Element is consistent with the General Plan in that it furthers the objectives, policies and programs of the General Plan. The General Plan Housing Element directs the amendments; the amendments are consistent with policies of the Land Use Element that support and encourage production of diverse housing types, housing for special needs populations, and affordable housing; and the amendments are also consistent with the broader obligation, highlighted in the Housing Element, to affirmatively further fair housing by removing obstacles to production of housing for low-income households and for special housing needs.
Environmental Review
Permit Sonoma has determined that the proposed ordinance amending Chapter 26 to implement the subprograms of the adopted County Housing Element is exempt from the California Environmental Quality Act (CEQA). The amendments are exempt under Public Resources Code Section 21080.085, which provides that CEQA does not apply to rezoning that implements the schedule of actions (implementation programs) of an approved Housing Element. The Chapter 26 zoning code amendments would not authorize development on private land in the unincorporated county and would not allow development on natural and protected lands as defined in the statute. The amendments also do not exempt development from county environmental requirements for development in riparian corridors, floodplain, biological habitat, etc.
Additionally, and in the alternative, the updates to local density bonus provisions and the deletion of the Lance Drive Local Guidelines are exempt under CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility the project will result in a direct or indirect physical change in the environment. Revisions to the local density bonus programs only change the eligibility and affordability criteria for the programs, and do not increase potential densities over what is currently allowed. The removal of the Lance Drive Local Guidelines has no impact on the environment because the affected parcels have been annexed by the City of Santa Rosa and the County no longer has land use jurisdiction. The updates to the Reasonable Accommodations Ordinance are administrative activities of government that are not a CEQA project, pursuant to CEQA Guidelines Section 15378(b)(5).
Strategic Plan:
This item implements the programs of the adopted Housing Element and directly supports the County’s Five-year Strategic Plan and is aligned with the objectives of Goal 3 of the Healthy and Safe Communities pillar to increase affordable housing development near public transportation and easy access to services in collaboration with cities.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
Yes
The County of Sonoma is committed to equitable community outcomes. A Racial Equity Toolkit Analysis was completed for the adoption of the County Housing Element. It is included as Attachment 6.
Prior Board Actions:
October 7, 2025 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=7685614&GUID=89A5C89B-7643-4AFA-ACAF-60624194B21D&Options=&Search=> - Board of Supervisors adopted Ordinance No. 6532 amending the County Zoning Code pertaining to agricultural employee housing.
December 9, 2025 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=7767988&GUID=5BF1E09D-ABB9-4677-8D49-12FC7F05C003&Options=&Search=> - Board of Supervisors adopted Ordinance No. 6545 amending the County zoning code to add Objective Design Standards.
December 3, 2024 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=7036318&GUID=EE095D7D-9891-4E34-9729-9A43D1492145&Options=&Search=> - Board of Supervisors adopted Resolution No. 24-0502 to resolve inconsistencies with the Housing Element and the General Plan.
December 5, 2023 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6437914&GUID=857F14EC-AFF9-4419-B098-F8A3691521E0&Options=&Search=> - Board of Supervisors adopted Resolution No. 23-0579 and Ordinance Nos. 6457 and 6458 as part of Housing Action Plan Implementation Round 1, amending the County Zoning Code text, and amending the General Plan Land Use and Official Zoning Database for new inventory sites.
August 22, 2023 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6318630&GUID=F5D1AA7F-A015-4A1B-BB05-697866F7AE02&Options=&Search=> - Board of Supervisors adopted the Housing Element by Resolutions Nos. 23-0428 and 23-0429, and Ordinances Nos. 6444 and 6445.
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
None
Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
Attachment 1. Draft Ordinance and Exhibit A
Attachment 2. Planning Commission Staff Report, dated October 15, 2026
Attachment 3. Planning Commission Resolution No. 26-19
Attachment 4. Planning Commission Staff Report, dated November 20, 2025
Attachment 5. Planning Commission Resolution No. 25-16
Attachment 6. Racial Equity Toolkit Analysis
Attachment 7. Legal Notice of Public Hearing with Pre-Adoption Summary and Affidavit
Attachment 8. PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
N/A