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Chapter 40B – COVID-19 Recovery Ordinance

On May 19, 2020 the Board of Supervisors adopted Chapter 40B - COVID-19 Recovery Ordinance. The ordinance was created to address Permit Expiration Dates in in response to the COVID-19 event.

Article I. - General.

Sec. 40B-1. - Title. This chapter shall be known as the COVID-19 Recovery Ordinance.

Sec. 40B-2. - Administration.  This chapter shall be administered by the director, under the direction of the board of supervisors.

Sec. 40B-3. - Administrative standards. The director may establish administrative standards as necessary to implement this chapter. Administrative standards shall be made available to the public on the Permit and Resource Management Department's website and upon request to the department.

Sec. 40B-4. - Expiration. Unless extended or modified by the board of supervisors, this chapter shall expire on December 31, 2022 and be of no further force or effect.

Article II. - Glossary.

Sec. 40B-5. – Interpretation. In interpreting this chapter, the definitions in this chapter shall control over a conflicting definition in another chapter of this code. If a term is not defined in this article, the director shall determine the correct definition.

Sec. 40B-6. – Key terms.

"Director." The director of the permit and resource management department of the county or his or her authorized representative.

"Effective date." The date the board of supervisors adopted this chapter; May 19, 2020.

“Shelter in Place Orders.” Those Shelter in Place Orders of the Sonoma County Health Officer issued in response to the COVID-19 Public Health Emergency, beginning with Shelter In Place Order C19-03 (effective March 17, 2020), superseded by Shelter in Place Order C19-05 (effective April 1, 2020), and by Shelter in Place Order C19-09 (effective May 4, 2020), and any subsequent Shelter in Place Orders that modify, expand, or supersede prior orders.

Secs. 40B-7. - Reserved.

Article III. – Extension of certain expiration dates

Sec. 40B-8. - Permit Expiration Dates. The extensions provided in this section shall apply notwithstanding any conflicting provision of this code, except that they shall not apply in the coastal zone.

  1. Tentative maps. The expiration date of any tentative map that was initially approved between December 12, 2017 and March 4, 2020, is extended by one (1) year beyond its current expiration date, provided that:
    1. the tentative map is valid and not expired on the effective date of this chapter; and
    2. the one-year extension granted by this section, when added to any previously granted extension or extensions, does not result in a total extension period longer than six years.
    As used in this section, the term "tentative map" refers to tentative maps, tentative parcel maps, and vesting tentative maps.
  2. Concurrent land use approvals. Any discretionary land use approval that was granted in conjunction with a tentative map extended by Section 40B-10A is extended by one (1) year to remain consistent with the associated tentative map. This extension shall apply only if the land use approval is valid on the effective date of this chapter.
  3. Lot line adjustments. A lot line adjustment approval that is valid and not expired as of March 4, 2020 is extended one (1) year beyond its current date of expiration.
  4. Other approvals. Use permits and zoning permit not issued for a limited term, variances, and design review approvals granted under Chapter 26 are extended for one (1) year beyond their current dates of expiration, provided that they were valid and not expired as of March 4, 2020.

Sec. 40B-11. - Nonconforming terminations. For any legal nonconforming use that would otherwise terminate under Section 26-94-030 during the period of the Shelter in Place Order, the termination date is tolled for the period of the Shelter in Place Order plus 60 days.