Land-use regulation in the city of Sonoma

Community concerns about the acquisition of many residential and commercial parcels by one company and its owners call for an explanation of how land use is regulated in the city of Sonoma, and in general.

The most general principle of land use regulation is that government regulates uses not ownership. This means that who or what entity purchases parcels or is allowed to purchase parcels, is outside of the authority of government to regulate. Government does not have the power to say who can or cannot buy a piece of land, only what they can do with or on it once they own it.

If the purchase of a parcel accompanies a change in land use that isn’t allowed in that zone by right, it’s first regulatory stop is Sonoma’s Planning Commission, a body made up of seven regular commissioners and one alternate. All are unpaid volunteers appointed by the City Council.

The Planning Commission is not a policy-making body. It’s role is to review land use applications in light of conformance with the city’s land use regulations included in its Development Code, which itself reflects the goals and policies of the General Plan.

In order for an application to be approved it must conform to regulations. While some decisions require interpretation of the Development Code, the code is written in a way that is supposed to be objective and not subject to interpretation. Words, however, have meanings that change over time, and society changes over time as well. Regulations get out-of-date and if not revised, lead to situations where interpretation is unavoidable.

As to land uses, in general they are first regulated by zoning. Zoning designations include the enumeration of uses that are allowed within a particular zone. For example, commercial uses such as auto repair are not allowed in residential zones. The Sonoma Development Code provides a comprehensive list of what uses are allowed in which zoning districts. Anyone or any entity that purchases a parcel normally reviews the allowed uses before undertaking a purchase.

Variances or exceptions to the regulations may be applied for in some cases; for example, set-backs, parking, and other regulations may be adjusted if an applicant can provide sufficiently compelling evidence why such an exception or variance is necessary and persuades the majority of the commission to support their application. Even so, granting exceptions or variances is conditioned upon making specific findings, and in some cases such findings cannot be made.

Once the Planning Commission renders its decision, that decision can be appealed to the City Council. The council has greater power than the commission, specifically setting policy and what’s called the use of its “police power.” Police power allows the City Council to consider whether or not a proposed land use poses a threat to the “health and welfare” of the community or violates city policy. Both health and welfare are broad terms, and subject to opinion and interpretation. Matters of policy are decided by the City Council, not the Planning Commission.

For example, the City Council set a policy regulation that no more than 25 wine-tasting rooms can be approved within the confines of the Plaza Overlay District. It does not have the power to decide who or what is entitled to lease or open a tasting room, only whether there are no more than 25 tasting rooms in operation. In other words, this regulation covers uses, not ownership.

Another example is the city’s ban on time-shares. The city has determined that time-shares threaten the health and welfare of the community by reducing the number of long-term rental units available in the city. It was on this basis that Pacaso’s fractional ownership model was deemed a de facto time-share arrangement and deemed illegal within city limits.

If land use decisions were a matter of deciding who can and cannot purchase property, it would open the door to decisions made on a personal basis, about who is liked or not liked, popular or not popular. Issues of favoritism, risks of bribery or corruption, and purely subjective decision-making would most certainly arise. The system we have in place is not perfect, but it is rational.

So it is that the city’s regulatory authority is one of law and its application, and it is the rule of law that governs land use decisions.

Larry Barnett is a former Mayor of Sonoma and current chair of Sonoma’s Planning Commission.