Chapter 20.20 STANDARDS FOR SPECIFIC LAND USES

Home occupations are allowed uses in association with residential uses in the Open Space (O), Residential (R), Residential Master Plan (RMP), and Planned Development (PD) districts where residential uses are allowed, and in Office-Multiple Family (ORM) districts, subject to the following regulations:

A. Articles offered for sale shall be limited to those produced on the premises or sale of items considered by the planning and building director to be accessory and incidental to an allowed home occupation. A person conducting an allowed home occupation in which he or she serves as an agent or intermediary between off-site suppliers and off-site customers may have sales from the residence where all articles, except samples, shall be received, stored and sold to the customers at off-premises locations.

B. Home occupations shall be conducted either within a dwelling by a resident thereof or in a detached accessory structure on the same property. Home occupations shall be clearly incidental to the use of the structure as a dwelling.

C. Any external alteration to the dwelling to accommodate the home occupation shall conform to the residential appearance of the building and the existence of a home occupation shall not be apparent beyond the boundaries of a lot, except for a small name plate, not directly lighted and not exceeding one square foot in area.

D. The home occupation may utilize the services of a maximum of two nonresident employees or independent contractors.

E. No motor power other than electrically operated motors shall be used in conjunction with a home occupation. The horsepower of any single motor shall not exceed three horsepower and the total horsepower of all such motors shall not exceed five horsepower.

F. A home occupation shall not create any radio waves, television interference or similar electronic interference on adjacent properties. Noise audible beyond the boundaries of the lot shall not exceed the sound level standards as set forth in Chapter 9.32 HMC for the zoning district in which the use is located.

G. No odor, liquid or solid waste, other than normally associated with a residential use, shall be emitted.

H. Not more than one truck of not more than one and one-half ton capacity and no semi-trailers incidental to a home occupation shall be kept on site.

I. A home occupation shall not create pedestrian, automobile, or truck traffic in excess of the normal amount typical of the zoning district, with no more than two non-occupant vehicles present on the street at any given time.

J. Prior to planning and building director approval of an application for a home occupation under this section, the applicant shall be required to review a good neighbor policy and show evidence by signature that he or she has agreed to abide by these regulations.

K. The specified uses below shall not be permitted as home occupations because by their nature they have one or more of the following characteristics: equipment or machinery of a type or quantity not typically found in the house; need for outside storage; parking needs greater than can be provided on site; need for special permits from other agencies; and need for extensive alteration to the residence or lot.

1. No motorized vehicle or trailer repair or tune-up shall be operated as a home occupation.

2. Doctors, dentists, osteopaths, chiropractors and other practitioners of the medical arts are not permitted as home occupations in Residential (R) zoning districts.

3. On-site painting services (auto, boat, appliances, etc.).

4. Care, treatment, breeding or boarding of cats, dogs and other animals for a fee or barter.

5. Gun repair, sale of guns or ammunition where the materials are maintained at the site (sale of five or fewer guns a year is exempt from this section).

6. Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons and highly flammable materials as determined by the fire chief. (Ord. 1010 § 4 (Exh. A § 10), 2003; Ord. 971 § 2 (Exh. A § 7), 2001; Ord. 956 § 2 (Att. A § 1840), 1999; Ord. 950 § 2 (Exh. A § 1840), 1998.)

20.20.010 Accessory dwelling units and junior accessory dwelling units

The purpose of this section is to comply with state law, which provides for cities to set standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of small and affordable housing while ensuring that they remain compatible with existing primary structures and neighborhoods. It is the intent that accessory dwelling units will be permitted to be established as a permanent housing option on any property that either contains or is constructed concurrently with a primary single-family or multifamily residential use, and when established in compliance with state and local ordinances. It is the intent that junior accessory dwelling units will be permitted to be established as a permanent housing option on any property that either contains or is constructed with a primary single-family residential use, and when established in compliance with state and local ordinance. An efficiency unit is a type of accessory dwelling unit or junior accessory dwelling unit.

A. General Requirements – Accessory Dwelling Units.

1. Accessory dwelling units shall not be counted when calculating the permitted density requirements of the General Plan, but shall otherwise be considered a component of a residential land use on a property consistent with the General Plan text and diagrams.

2. Accessory dwelling units are exempt from the growth control measures set forth in Chapter 17.24 HMC.

3. Accessory dwelling units shall be allowed to be established either simultaneously with or subsequent to the construction of a primary dwelling unit(s) that is located on the same lot of record and under one common ownership subject to provisions of subsection (C) of this section. Accessory dwelling units shall not be sold, transferred or owned separately from the primary residential unit on the property, except when owned by certain nonprofit corporations per Government Code Section 65852.26, as that section may be amended.

4. The owner of the lot upon which an accessory dwelling unit is located is neither required to reside in the primary dwelling unit or accessory dwelling unit. Accessory dwelling units shall only be used for rentals of terms longer than 30 days and shall not be converted to accommodate residential visitor lodging, consistent with the limitations established under Article I of this chapter.

5. Accessory dwelling units shall be allowed in all zoning districts that permit single-family and multifamily uses when proposed on a lot that is developed or proposed to be developed with one or more legally permitted primary dwelling units.

6. Factory-built housing or a manufactured home may be used as an accessory dwelling unit so long as it conforms to all provisions of this section.

7. Accessory dwelling units may be attached to the primary dwelling unit, detached from the primary dwelling unit or may involve the conversion of floor area of an existing structure. Accessory dwelling units shall be placed on a permanent foundation. Refer to HMC 20.28.310 for definitions of various types of accessory dwelling units and efficiency units.

8. A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. Review of accessory dwelling units for compliance with this section shall be completed within 60 days of submittal of a complete application to the building division. If a permit application for an accessory dwelling unit is submitted with a proposed primary dwelling(s), action on the accessory dwelling unit may be delayed until the building division acts on the permit for the primary dwelling(s). Applicants may appeal the denial of a building permit for an accessory dwelling unit permit pursuant to the provisions set forth in Chapter 2.36 HMC.

9. All accessory dwelling units must comply with the requirements of HMC 15.04.080 (Building Code).

B. General Requirements – Junior Accessory Dwelling Units.

1. One junior accessory dwelling unit shall be allowed to be established either simultaneously with or subsequent to the construction of a single-family dwelling under one common ownership subject to provisions of subsection (C) of this section. Junior accessory units shall not be sold, transferred or owned separately from the primary residential unit on the property.

2. A junior accessory dwelling unit shall be allowed in all zoning districts that permit single-family and multifamily uses when proposed on a lot that is developed or proposed to be developed with one legally permitted single-family dwelling.

3. The owner of the single-family dwelling shall reside on a property containing a junior accessory dwelling unit, either in the single-family dwelling or in the junior accessory dwelling unit. Owner occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

4. A junior accessory dwelling unit shall be no more than 500 square feet in size, contained within the exterior walls of a proposed or existing single-family dwelling and include a separate entrance from the main entrance to the proposed or existing single-family dwelling. A junior accessory dwelling unit shall have an efficiency kitchen including a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the unit.

5. A junior accessory dwelling unit shall not be considered a separate or new unit for purposes of any fire or life protection ordinance or for purposes of providing water, wastewater or power services. Single-family dwellings containing a junior accessory dwelling unit may be subject to such requirements as applied to single-family dwellings not containing a junior accessory dwelling unit.

6. Junior accessory dwelling units shall not be counted when calculating the permitted density requirement of the General Plan, but shall otherwise be considered a component of a residential land use on a property consistent with the General Plan text and diagrams.

7. Junior accessory dwelling units are exempt from the growth control measures set forth in Chapter 17.24 HMC.

8. A permit application for a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. Review of a junior accessory dwelling unit for compliance with the applicable Land Use Code standards shall be completed within 60 days of submittal of a complete application to the building division. If a permit application for a junior accessory dwelling unit is submitted with a proposed single-family dwelling, action on the junior accessory dwelling unit may be delayed until the building division acts on the permit for the single-family dwelling. Applicants may appeal the denial of a building permit for a junior accessory dwelling unit permit pursuant to the provisions set forth in Chapter 2.36 HMC.

C. Development Standards.

Table 20 Development Standards for Attached and Detached Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
Development Standard	Junior Accessory Dwelling Unit	Attached Accessory Dwelling Unit	Detached Accessory Dwelling Unit
Number of ADUs/JADUs New or Existing Single-Family Dwelling1	1	1	1
Number of ADUs New Multifamily	N/A	1	1
Maximum Size	500 square feet	1,200 square feet	1,200 square feet
Site Coverage	N/A	See Table 20a Exception: ADUs 850 square feet or less are not subject to the maximum site coverage requirements of the underlying zoning.
Height2	See Table 20a	See Table 20a Exception: ADUs located within required rear and side yard of the zoning district cannot exceed two stories or 25 feet.	Two stories or 25 feet
Setbacks3
Front	N/A	See Table 20a	See Table 20a
Interior Side	N/A	4 feet	4 feet
Street Side	N/A	4 feet	4 feet
Rear	N/A	4 feet	4 feet
Parking Spaces: On Site
Accessory Dwelling Unit	N/A	0	0
Junior Accessory Dwelling Unit	0	N/A	N/A
Replacement Parking for Primary Dwelling Garage or Covered Parking Conversion	0	0	0

Notes:

1. One JADU and one attached or detached ADU is allowed.

2. An ADU located over a detached accessory building may exceed the maximum height stated in HMC 20.16.030 (Accessory structures), up to two stories or 25 feet, and the maximum required interior side and rear setbacks are four feet as noted in Table 20.

3. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

4. If any one of the following standards set forth in Table 20: maximum size and/or lot coverage would prohibit the issuance of a building permit for an accessory dwelling unit, the applicant for said building permit will be entitled to a permit for an 850-square-foot accessory dwelling unit that is 16 feet high, with four-foot side and rear yard setbacks.

Table 20a Development Standards: Front Setback, Site Coverage, Height for Specific Zoning Districts
Development Standard by Zone	R-1-3.5*	R-1-6	R-1-12.5	R-1-20 and 40	RM	DR	PR and CD	CS	MU	GMU
Front setback	20'	20'	25'	30'	20'	20'	None	None	None	30'
Site coverage	50%	35%	30%	25%	40%	40%	100%	60%	60%	30%
Height**	35' except 25' for small lot subdivisions				40'	35'	35' when abutting or across street or alley from R-1 zone		35' abutting/across street or alley from zone allowing single- family as permitted use	35'
*20' setback for garage frontage. Non-garage frontage: 10'							40' when abutting zone allowing multifamily as primary use to include RM, ORM, RMP, DR		40' abutting/across street or alley from zone allowing multi-family as permitted use
**Exceptions to this requirement are prescribed in HMC 20.16.065							50' in all other instances		50' in all other instances

If any one of the standards set forth in Table 20a would prohibit the issuance of a building permit for an accessory dwelling unit, the applicant for said building permit will be entitled to a permit for an 850-square-foot accessory dwelling unit that is 16 feet high, with four-foot side and rear yard setbacks.

D. Accessory Dwelling Unit Floor Area Calculation.

1. The size of the unit shall be measured from the side of the exterior wall of the dwelling unit to the opposing exterior wall face enclosing the unit, or to the centerline of the furthest opposing interior wall that separates the accessory unit and primary unit living space. Carports, covered porches and patios, chimneys, stairwells and mechanical rooms are not counted toward the determination of floor area of the accessory dwelling unit.

2. In dwellings where proposed or existing habitable space is under a sloping roof, any area where the sloping ceiling measures less than five feet from the finished floor to the finished ceiling is not counted as floor area.

E. Design Criteria. All new accessory dwelling units shall be reviewed by the planning and building director or his/her designee for consistency with this section. Applications shall demonstrate compliance with the following guidelines by clearly identifying existing and proposed materials, photographs and samples if different than the primary residence:

1. Placement. Detached and attached accessory dwelling units (and all associated outdoor living areas and accessory structures) shall comply with the front yard setback requirements of the zoning district in which the accessory dwelling unit is to be located, as shown in Table 20a. An attached or detached accessory dwelling unit shall not be placed between a required front yard setback from a public right-of-way and the primary dwelling unit.

2. Building Design. The materials and colors of the accessory dwelling unit’s exterior walls, roof, windows, and doors shall match the primary dwelling(s). The roof slope of the accessory dwelling unit shall match the primary dwelling(s).

3. Landscape Design. Landscaping shall be provided around accessory dwelling units, and its location shall ensure defensible space. Fire-resistant and low-water-use plants shall be included in the landscape design.

4. Entrance. A separate entrance shall be provided for accessory dwelling units and junior accessory dwelling units. Access to the public right-of-way may be provided through the rear yard of the primary residence or a dedicated pathway.

5. Privacy. To maximize privacy on adjacent properties, windows in an accessory dwelling unit that is located less than 10 feet from a rear or side property line shall be clerestory windows or use frosted or obscure glass. Balconies and doors shall be oriented toward units on site as possible.

6. Location in Historic District Overlay. No demolition of any portion of a contributing structure as identified in Healdsburg’s most recent historic inventory shall occur in order to accommodate an accessory dwelling unit. Accessory dwelling units in the historic district overlay shall not utilize plastic or vinyl in exterior features, windows, fencing, or other treatment and shall match the primary dwelling in siding material and pattern and window and door types. If the primary unit is listed as a state or federal historic resource, the accessory dwelling unit shall comply with HMC 20.12.065(A).

7. Exception to Design Standards. Where an applicant cannot meet the objective design standards set forth in this subsection, the existing application for an accessory dwelling unit may undergo the standard design review process as set forth in HMC 20.28.100.

F. Accessory Dwelling Unit and Junior Accessory Dwelling Unit Restrictions. Before the building division will issue a building permit for an accessory or junior accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

1. The accessory dwelling unit and/or junior accessory dwelling unit shall not be sold separately from the main residential unit on the property;

2. The accessory dwelling unit and/or junior accessory dwelling unit is restricted to the maximum size allowed per the development standards of this section;

3. The accessory dwelling unit and/or junior accessory dwelling unit may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided, that the terms for separate occupancy of the accessory unit and/or primary unit shall be longer than 30 days;

4. The accessory dwelling unit and/or junior accessory dwelling unit shall not be used or converted for use as visitor lodging, consistent with the provisions of HMC 20.20.060(B)(5); and

5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.

G. Exceptions. Notwithstanding the requirements established in subsections (C) through (E) of this section, the city shall ministerially approve an application for a building permit within a residential or mixed use zoning district to create any of the following. Applications which meet the standards of this subsection shall not be subject to any other development standards, but shall be subject to all applicable state laws, including the California Building Code.

1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b. The space has exterior access from the proposed or existing single-family dwelling.

c. The side and rear setbacks are sufficient for fire and safety.

d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (G)(1) of this section. The accessory dwelling unit must have:

a. A minimum of four-foot rear yard and side setbacks.

b. A total floor area of not more than 850 square feet.

c. A height limitation of 16 feet.

3. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

a. The city shall approve accessory dwelling units up to a number equal to 25 percent of the existing units in the multifamily dwelling, or one accessory dwelling unit, whichever is greater.

4. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling. Each accessory dwelling unit must have:

a. A height limitation of 16 feet.

b. A minimum of four-foot rear yard and side setbacks.

c. A total floor area of not more than 850 square feet.

5. The city shall not require the correction of nonconforming zoning conditions prior to the issuance of a permit for accessory dwelling units subject to this subsection (F). However, an applicant shall be required to modify a proposed or existing structure to comply with the California Building Code where said structure is not in compliance with current California Building Code standards.

H. Severability. To the extent possible, this section shall be interpreted to be consistent with the provisions of Government Code Sections 65852.2 and 65852.22. If any part of this section is found to be invalid or inconsistent with Government Code Sections 65852.2 and 65852.22, such provision shall be null and void and the remaining sections will still be applied to the maximum extent feasible. (Ord. 1210 § 9, 2021; Ord. 1197 § 1 (Att. A), 2019; Ord. 1189 § 3, 2019; Ord. 1187 § 4, 2019; Ord. 1172 § 2, 2018; Ord. 1159 § 11, 2016; Ord. 1006 § 2 (Exh. A § 1855), 2003; Ord. 1003 § 2 (Exh. A § 19), 2003.)

20.20.015 Usable open space

Where required by this Title, usable open space shall be provided for each dwelling in accordance with the provisions listed below.

A. Required open spaces may be either group (common) and/or private open space.

B. Each square foot of private open space shall be considered the equivalent of two square feet of group open space and may be so substituted.

C. Private open space located at ground level shall have a minimum area of 150 square feet.

D. Private open space shall be adjacent to the dwelling unit being served.

E. The minimum dimension in any one direction for any group open space shall be 15 feet.

F. Up to 20 percent of the required open space may be a garden, balcony, deck, or similar usable open space feature located on the roof of a building other than an attached garage or carport. Above ground level, open space shall have at least one exterior side open, except for railings.

G. Up to 50 percent of ground level open space may be covered by an overhang or balcony.

H. All required open space shall be planted or shall have a dust-free surface, such as concrete, landscape pavers or similar material.

I. No required open space shall be located in a parking area, driveway, service area, or required front yard area.

J. No required open space shall have a slope greater than eight percent. (Ord. 950 § 2 (Exh. A §§ 425, 525), 1998.)

20.20.020 Mobile homes and manufactured housing

A. Mobile homes and manufactured homes used as a dwelling shall be certified under the standards set forth in the National Manufactured Housing Construction and Safety Act (42 U.S.C. Sections 5401, et seq.), or as amended at the time of any application for the placement of such mobile home; and provided further, that the mobile home or manufactured house is placed on a permanent foundation system.

B. The mobile home or manufactured home shall be covered with an exterior material similar in appearance to new conventionally built residential structures in the surrounding area.

C. The exterior covering material shall extend to the ground; if a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Alternative skirting materials commonly found on conventionally built residential structures would normally be considered compatible.

D. The roofing material shall be of a type commonly found on conventionally built residential structures in the surrounding area.

E. The mobile home or manufactured home’s electrical, natural gas service, water service, and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters, and regulators shall not be located beneath a mobile home.

F. The mobile home or manufactured home shall have an enclosed garage (either attached or detached) or carport as required in Chapter 20.16 HMC, Article VIII, and similar to conventionally built residential structures in the surrounding area. This shall not apply to mobile housing or a manufactured home that qualifies as an accessory dwelling unit under HMC 20.20.010.

G. The exterior covering and roofing materials of the garage or carport shall be of the same type as the covering and roofing material of the mobile home.

H. Prior to occupancy, the mobile home owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Chapter 20.28 HMC, Article VIII, or successor sections, as applicable. Thereafter, for an existing mobile home any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies via the planning department.

I. A mobile home or manufactured home to be used as an accessory dwelling unit shall also adhere to the requirements of HMC 20.20.010. (Ord. 1159 § 12, 2016; Ord. 1003 § 2 (Exh. A § 6), 2003; Ord. 950 § 2 (Exh. A § 345), 1998.)

20.20.025 Temporary subdivision sales offices

A. One temporary sales office in a subdivision of not less than five acres located not less than 200 feet from any existing dwelling outside of the subdivision measured along street lines shall be permitted subject to the granting of a subdivision sales office permit.

B. A permit for a subdivision sales office may be issued by the planning and building director at any time after the subdivision is recorded and shall become void one year following the date on which the permit was issued, and the office shall be removed unless prior to the expiration of one year. Renewal of the permit for a period of not more than one year may be approved by the planning commission. A public hearing shall be required for any extension. (Ord. 950 § 2 (Exh. A § 1845), 1998.)

20.20.030 Inclusionary housing

The following standards shall govern the provision of inclusionary housing:

A. Applicability.

1. The provisions of this section shall apply to any discretionary or ministerial approvals for new residential development projects (one or more dwelling units) and the residential component of mixed-use development projects.

2. Projects approved prior to July 17, 2019, and required to provide inclusionary dwelling units on site shall be subject to the inclusionary housing requirements in place at the time the City granted the approval. Projects approved prior to July 17, 2019, and required to pay an in-lieu fee shall pay the fee in effect at the time of building permit issuance.

3. Projects approved prior to July 17, 2019, pursuant to a development agreement or vesting tentative map that address inclusionary housing requirements are subject to the inclusionary provisions of the development agreement or applicable to the vesting tentative map, prior to recordation of the final map.

B. Exemptions. The following shall not be subject to the provisions of this section:

1. Existing residential dwelling units that are altered, improved, restored, repaired, expanded or extended; provided, that the number of dwelling units is not increased and that the existing floor area of the dwelling unit is not increased by greater than 850 square feet. Dwelling units that are increased by greater than 850 square feet will be subject to a fee per square foot for any increase in square footage greater than 850 square feet.

2. New residential dwelling units of 850 square feet or less.

3. The construction of a new residential structure which replaces a residential structure that was destroyed by fire or natural disaster or demolished within five years prior to the application for a building permit for the new residential structure; provided, that the number of residential units is not increased from the number of residential units of the destroyed residential structure and that the replacement dwelling is not more than 850 square feet larger than the original dwelling. These units will be subject to a fee per square foot for any increase in square footage greater than 850 square feet.

4. Accessory dwelling units constructed pursuant to HMC 20.20.010.

C. Inclusionary requirements.

1. Residential development projects or mixed-use development projects with five or more dwelling units shall include at least 20 percent of the total number of new dwelling units that are affordable to low-, moderate- or middle-income households, as defined in HMC 20.28.310. The requirement for the portion of a project including units for sale is 15 percent affordable to moderate-income households and five percent affordable to middle-income households. The requirement for the portion of a project including rental units is five percent affordable to low-income households and 15 percent affordable to moderate-income households.

Fractional units that may result from the application of these requirements may be satisfied by either of the following methods, at the discretion of the applicant:

a. Any fraction of a unit may be rounded up and treated as a whole unit; or

b. The applicant may pay the portion of the required fractional unit as an in-lieu fee as described in subsection (C)(2) of this section.

2. Residential development projects or mixed-use development projects with four or fewer dwelling units, including single-family residential units, shall comply in either of the following ways, at the discretion of the applicant:

a. Payment of a fee pursuant to subsection (J) of this section; or

b. Alternative compliance method, pursuant to subsection (D) of this section.

D. Alternative compliance. Subject to the approval of the City Council, residential or mixed-use development projects identified in subsection (C)(1) or (C)(2) of this section may meet the requirements of this section in the following alternative ways, or combinations thereof:

1. In-lieu land dedications. In lieu of constructing required inclusionary units on site, an applicant may satisfy inclusionary housing requirements by an irrevocable offer of dedication of land within the City limits, to the City, to be used for affordable housing purposes, such as acquisition of property, planning and design and construction costs. The applicant shall identify the land to be dedicated prior to approval of the discretionary permit for the residential development project or mixed-use development project.

In addition to any other findings required by statute, ordinance, or otherwise, any approval for an in-lieu land dedication shall include a finding that the land to be dedicated is not subject to liens, is served or proposed to be served by municipal services, including water, sewer, roads, electricity, telephone and other similar customary services, and contains no unusual planning or development constraints.

The applicant shall dedicate the land to the City. The amount of land shall be as much as necessary, as determined by the City, to provide for the equivalent number of required inclusionary units in accordance with subsection (C)(1) of this section. The City Council may approve, conditionally approve or reject such offer of dedication. If the City Council rejects such offer of dedication, the applicant shall be required to meet the inclusionary housing requirement by other means set forth in this section.

2. Off-site construction of inclusionary units. In lieu of constructing required inclusionary units on site, an applicant may satisfy inclusionary housing requirements by constructing some or all of the required inclusionary units on another site or sites within the City. The resultant linked project sites shall be considered a single combined project and shall be reviewed concurrently by the City. Off-site inclusionary units shall be constructed and available for occupancy concurrently with the project’s market-rate units, unless an alternative schedule based on extenuating circumstances, as determined by the City, is adopted as part of the project approval.

In addition to any other findings required by statute, ordinance or otherwise, any approval of the linked project sites shall include the following findings:

a. Practical difficulties exist with providing the required inclusionary units on the original development site;

b. The proposed location for the off-site inclusionary units will not result in an unreasonable concentration of affordable housing units in one geographic area of the City;

c. All other provisions of this section have been or will be complied with, as guaranteed through the imposition of conditions of approval.

3. Conversion of existing market-rate units to inclusionary units, in an amount equal to the inclusionary housing requirements, including any needed rehabilitation to ensure compliance with building, health and safety standards.

4. Construction of a single-family dwelling along with an accessory dwelling unit pursuant to HMC 20.20.010, restricted to occupancy by a household earning no more than 80 percent of the Sonoma County area median income, with rent restricted to 30 percent of monthly income and adjusted for household size, and guaranteed through a regulatory agreement executed prior to building permit issuance. Such single-family dwelling units will not be required to pay an in-lieu fee and shall not be included in the total number of project units subject to the inclusionary housing calculation, in accordance with subsection (C)(1) or (C)(2) of this section.

5. At the City’s sole discretion, the City may accept, in fulfillment of an applicant’s inclusionary housing requirement, any other approach proposed by the applicant which, as determined by the City, meets City housing goals and objectives and where the applicant demonstrates to the City’s satisfaction equivalency to the requirements of subsection (C)(1) or (C)(2) of this section, as applicable.

E. Affordable housing incentives. An applicant may request the City provide regulatory, procedural or financial incentives, including but not limited to a density bonus or an increase in lot coverage, to meet or exceed the inclusionary housing requirement set forth in this section. The request for such incentives must be included as part of the project application materials and include the rationale for the incentives sought, including a detailed description of the incentives sought, financial feasibility information and a description of resulting public benefits. Requests for incentives shall be considered by the City Council.

F. Inclusionary unit development standards. In addition to other development standards and requirements set forth in this title, the following standards shall be met for the construction of inclusionary units:

1. Inclusionary units shall be constructed and available for occupancy concurrently with the project’s market-rate units, unless an alternative schedule based on extenuating circumstances, as determined by the City, is adopted as part of the project approval.

2. Inclusionary units shall be distributed throughout the residential project site to the extent practicable.

3. Inclusionary units shall reflect the range of number of bedrooms provided in the residential project as a whole. To make this determination for subdivisions where individual lots will be sold, the type and tenure of market rate units shall be used. For residential or mixed use development projects that are required to provide 10 or more inclusionary units, at least 10 percent of the inclusionary units shall have three or more bedrooms.

4. The square footage, configuration, quality of finishes and amenities of inclusionary units shall be substantially similar to the market rate units. To make this determination for subdivisions where individual lots will be sold, adopted, applicable design guidelines shall be used.

5. Residents of inclusionary units shall have access to the project’s common open spaces or recreational amenities.

6. Accessory dwelling units shall not be counted toward meeting a project’s inclusionary housing requirements.

7. Inclusionary units may be for-sale or rental units.

G. Submittal of inclusionary housing information. Any application for a residential development project or mixed use development project including residential dwelling units submitted to the City shall include the proposed method of satisfying inclusionary housing requirements, including any alternative compliance method pursuant to subsection (D) of this section, and the total number of units being requested for City approval, the number of inclusionary units included within the project, the level of affordability of proposed inclusionary units, whether inclusionary units will be for sale or for rent, proposed methods for income screening of prospective residents and other information deemed necessary by the City. The proposal shall be reviewed as part of the development process.

H. Inclusionary housing regulatory and resale agreements. The following shall govern the occupancy of inclusionary units and the future resale of such units:

1. Only low-, moderate- and middle-income households may occupy inclusionary units during the term of any regulatory agreement. The City or its designee shall notify all potential purchasers of inclusionary units to ensure adherence to applicable income restrictions.

2. Applicants proposing to meet the inclusionary requirement through the provision of for-sale inclusionary units shall enter into a regulatory agreement with the City prior to final map recordation for the project. All buyers of inclusionary units shall enter into a resale agreement with the City prior to the closing of escrow for such inclusionary unit. The resale agreement shall specify the income restriction on the household purchasing and occupying the inclusionary unit, the number of years that the inclusionary unit shall remain affordable to the target household income, an option for the City or its designee to designate an eligible purchaser, the City’s right of first refusal to purchase the inclusionary unit, and a calculation of future equity assignment upon sale of the inclusionary unit. The resale agreement shall be recorded against each applicable unit.

3. Applicants proposing to meet the inclusionary requirement through the provision of inclusionary multifamily or single-family rental units shall enter into a regulatory agreement with the City prior to the issuance of a certificate of occupancy for the project. The regulatory agreement shall specify income restrictions on the households occupying the inclusionary units and the number of years that the inclusionary units shall remain affordable to the target incomes.

4. The City shall identify and periodically update the housing prices and rents that qualify as affordable for very low-, low-, moderate-, and middle-income households, utilizing the latest area median income for Sonoma County, adjusted for household size for the unit.

I. Management and monitoring of inclusionary units.

1. Inclusionary rental units shall be professionally managed and/or operated by the owner of the residential complex or the authorized agent of the owner in accordance with a management and monitoring plan prepared by the owner and approved by the City. Each owner of one or more inclusionary rental unit(s) shall submit an annual tenant income certification report to the City Manager or his or her designee, no later than March 1st, for the previous calendar year, identifying monthly rental rates, vacancy status of each inclusionary unit, income status for each resident and any other related data deemed necessary by the City while ensuring privacy for all residents.

2. If, upon recertification, a tenant’s income has increased and exceeds the qualifying income for an inclusionary rental unit, such tenant’s rent may be increased to a qualifying income for an inclusionary rental unit in a higher income category, if applicable to the project, and the project owner shall rent the next available inclusionary unit to the lower income category to restore the affordable unit mix required by the regulatory agreement. If, upon recertification, a tenant’s income has increased and exceeds the qualifying income for all inclusionary units in a project, such tenant shall, upon expiration of the tenant’s lease, and if so permitted by local and state law, after a 180-day period beginning on the date of lease expiration, be required to vacate the inclusionary unit.

J. Updating and use of the in-lieu fee. The amount of the fee shall be set by resolution of the City Council and shall be updated annually based upon the annual changes in an identified, generally recognized construction cost index to reflect changing housing conditions within the community, including the actual costs of providing affordable housing. Fees collected for this purpose shall be deposited by the City into the inclusionary housing deposit account and used only for the purpose of providing affordable housing programs and services in the community, which includes the acquisition of property, planning and design, construction costs and program administration. Fees shall be payable at the time of building permit issuance. The multifamily rental housing rate identified in the fee schedule shall only apply to multifamily residential development projects in which all units are available for rent.

1. A deed restriction shall be required for all multifamily development projects requesting the multifamily rental housing rate. The deed restriction shall be recorded with the County of Sonoma and a copy provided to the City of Healdsburg and shall include the following restrictions:

a. The dwellings shall be maintained as rental units only and may not be owner-occupied.

b. Should any dwelling become owner-occupied, the property owner is required to pay the City the difference between the inclusionary housing in-lieu fee paid at the time of building permit issuance and the inclusionary housing in-lieu fee for owner-occupied projects in effect at the time of owner-occupancy, including the addition of any interest. Interest shall be calculated based on the amount of the owner-occupancy in-lieu fee in effect at the time of building permit issuance.

c. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. (Ord. 1239 § 2, 2024; Ord. 1201 § 2 (Exh. A), 2020; Ord. 1191 § 2, 2019; Ord. 1159 §§ 13, 14, 2016; Ord. 1069 § 1, 2008; Ord. 1029 § 2 (Exh. A § 18115), 2006; Ord. 1018 § 2 (Exh. A § 18115), 2004; Ord. 950 § 2 (Exh. A § 18115), 1998.)

20.20.035 Affordable housing incentives

The purpose of this section is to implement state law regarding the granting of density bonuses and other incentives for certain residential projects, as well as to promote the construction of affordable housing within Healdsburg to meet Housing Element targets for very low-, low- and moderate-income families.

A. State-Mandated Incentives – Applicability. Pursuant to Government Code Section 65915, when a developer proposes to construct a housing development of at least five dwelling units, of which a certain percentage (excluding any bonus units) will be reserved for occupancy by very low-, low- or moderate-income households or senior citizens meeting specified criteria set forth in Government Code subsection 65915(b); and/or when the proposed project meets other specified criteria in Government Code subsections 65915(h) or (i) by donating land to the City or constructing a child care facility in association with a housing development that qualifies under Government Code subsection 65915(b), the project shall be eligible for a density bonus and at least one concession or incentive.

B. Regulatory Concessions and Incentives.

1. When a project meets any of the criteria referenced above, the developer may request a density bonus and one or more concessions or incentives as defined in Government Code Section 65915 and subject to the requirements of Government Code Section 65915.

2. Neither this subsection nor state law limits or requires the provision of direct financial incentives from the City for a qualifying project, including the provision of publicly owned land by the City or the waiver of City fees or dedication requirements.

3. In addition to those concessions and incentives required by state law, the City may grant the following:

a. The City may grant an additional density bonus when an applicant proposes a project in which 100 percent of the remaining units not restricted to lower-income households will be affordable to moderate-income households.

b. The City Council or redevelopment agency may, but is not required to, grant financial incentives or concessions that result in identifiable cost reductions needed to make a qualifying project economically feasible, such as City subsidies for off-site improvements or land, City subsidies for development fees, and/or City sponsorship of mortgage bond financing.

C. Contractual Agreements and Reservation of Units. The developer of a housing development for which housing incentives are granted under subsection (A) of this section shall enter into either a development agreement pursuant to California Government Code Section 65865 et seq. or other recorded contractual agreement satisfactory to the City which guarantees that the targeted units will be provided by the developer and will remain available to the targeted persons or households for the applicable period deemed appropriate by the City Council in conformance with state law. The agreement shall identify the means by which such continued availability will be secured and the procedures under which the targeted units will be rented and/or sold during such period, and may contain other terms and provisions, not inconsistent with Government Code Section 65915, that the City may require.

D. Application for Housing Incentives.

1. The developer of a proposed residential development seeking housing incentives shall file an application with the planning department for approval of such incentives on a form specified by the planning and building director, and shall be accompanied by all maps, plans and other information deemed necessary by the planning and building director.

2. An application shall be accompanied by a fee established by the City Council.

3. An application for a density bonus and any additional concession or incentive shall include the following information:

a. The provisions of Government Code Section 65915 under which the density bonus is sought and the size of the density bonus requested, expressed as a percentage of the maximum number of units allowed by the zoning district and General Plan designation within which the project is located.

b. Identification of the requested regulatory concession or incentive.

c. Specific information and data concerning the proposed development that establishes that the regulatory concession(s) or incentive(s) sought by the applicant is/are necessary to make the housing units economically feasible.

d. Evidence of consultation with the City Council or redevelopment agency regarding any proposed concession or incentive requiring expenditure of city or community redevelopment funds, or provision of publicly owned land.

e. Such other pertinent information as the planning and building director may require to enable the City to adequately analyze the economic feasibility of the project with respect to the requested concession or incentives.

f. An offer to enter into the contractual agreement required by subsection (C) of this section to guarantee the reservation of the targeted units.

E. Review Process for Housing Incentives Applications.

1. Planning commission review.

a. The planning commission shall hold a public hearing on an application for housing incentives. Such hearing may be held concurrently with any other entitlements for the proposed housing development that require City approval. At the public hearing, the planning commission shall review the application, statements and plans submitted therewith and shall receive pertinent evidence concerning the application for a density bonus, particularly with respect to any required findings.

b. The planning commission shall, by resolution, approve or conditionally approve an application for housing incentives or recommend approval or conditional approval to the City Council, as appropriate, unless, on the basis of the application and the evidence submitted, the commission makes written findings of fact establishing either of the following:

i. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915.

ii. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d) (2), upon public health and safety, the physical environment or any real property that is listed in the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to targeted households.

c. The planning commission shall have the authority, as part of its review and decision process, to waive or modify development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites, including but not limited to such items as minimum lot size and side yard setbacks.

d. In the case of a housing incentives application which requests a concession or incentive involving the expenditure of city or community redevelopment funds, the provision of publicly owned land, the approval of mixed use zoning, or modifications to public works requirements, the planning commission shall make recommendations to the City Council as to whether such concessions or incentives should be approved as requested, modified in a manner consistent with this section and applicable State law, or denied.

2. City Council review.

a. Following a recommendation by the planning commission, the City Council shall hold a public hearing on a density bonus application that requests a concession or incentive involving the expenditure of city or community redevelopment funds, the provision of publicly owned land, the approval of mixed use zoning, or modifications to public works requirements. Such hearing may be held concurrently with any other entitlements for the proposed housing development that require City Council approval.

b. The City Council may approve, conditionally approve, or deny such an application by resolution, provided that a resolution denying the application shall include one or both of the findings required by subsection (E)(1)(b) of this section. (Ord. 1050 § 2, 2006; Ord. 1018 § 2 (Exh. A § 18125), 2004; Ord. 950 § 2 (Exh. A § 18125), 1998)

20.20.040 Small lot subdivisions

Residential subdivisions, with lot sizes and yards smaller than otherwise required under this article, are allowed in the R-1-3,500 and R-1-6,000 districts if based upon an agreement with the City Council to ensure that 100 percent of the new dwellings meet sales or rental criteria for affordable housing and meet the following development standards:

A. Lot Configurations and Sizes. Lot configurations may include, but are not limited to, zero lot lines, angled Z lots, zipper lots, alternate-width lots, quad lots, and motor court lots. Lot sizes may range from 2,000 to 6,000 square feet or more. A variety of lot configurations and lot sizes is required for projects larger than three acres in size.

B. Allowable Unit Sizes. Allowable dwelling size shall be based on lot square footage. Actual dwelling sizes, as well as lot sizes, in a proposed development plan may vary so long as the averages shown in the table below are maintained. Dwelling size refers to the gross living area of the primary dwelling only, excluding storage sheds, garages, carports, and covered patios.

Table 21 Average Dwelling Size in Small Lot Subdivisions
	Square Feet (can be interpolated)
Average Lot Size	2,000	2,500	3,000	3,500	4,000	4,500	5,000	5,500	6,000
Average Dwelling Size	1,000	1,100	1,200	1,300	1,400	1,500	1,600	1,700	1,800

C. Subsequent Expansions or Additions. Subsequent expansions or additions to dwelling units may be permitted by minor use permit, approved by the zoning administrator; provided, that any proposed expansion is in compliance with the provisions of subsections (D) through (H) of this section. Construction of accessory dwelling units not shown on the approved development plan for the subdivision shall be in compliance with HMC 20.20.010, including a minimum lot size of 4,500 square feet.

D. Setbacks and Yard Areas. The following setback and yard requirements shall apply to small lot subdivisions:

1. There are no minimum yard requirements. Setbacks for all proposed and possible future buildings or possible additions to proposed buildings shall be shown on the development plan for the subdivision.

2. The garage or carport front, when the entrance faces the street, shall be located not less than 20 feet to the rear of the public sidewalk, or 20 feet from the property or adopted street plan line, whichever is a greater distance from the edge of pavement of the street.

E. Maximum Site Coverage. The maximum site coverage shall be 60 percent.

F. Maximum Height. The maximum building height for all main structures shall be 25 feet. HMC 20.16.065 allows exceptions for ancillary structures, including chimneys, antennas and similar architectural features. Accessory dwelling unit building heights are regulated in HMC 20.20.010.

G. Minimum Open Space per Unit. Minimum open space per unit shall be 300 square feet, which may be a combination of private open space or a common yard area which is accessible to all units constructed as part of the same project.

H. Reservation of Units and Affordability Guarantees. The developer of a small lot subdivision shall enter into either a development agreement pursuant to California Government Code Section 65865 or an affordable housing agreement approved by the City Council which guarantees that the affordable income units will be provided by the developer and will remain available to the targeted persons or households for a period of not less than 30 years. The agreement shall identify the means by which such continued availability will be secured and the procedures under which the targeted units will be rented and/or sold during such period, and may contain other terms and provisions that the City may require. (Ord. 1187 § 5, 2019; Ord. 1159 § 15, 2016; Ord. 1018 § 2 (Exh. A § 347), 2004.)

20.20.045 Homeless shelters

In addition to complying with the minimum development standards for the site’s applicable zoning district, including minimum yards and maximum floor area ratio, site coverage and building height, homeless shelters shall be subject to the following development standards:

A. Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying zoning district’s maximum unit density standard, but the number of beds shall be limited to three times the maximum number of dwelling units that would otherwise be permitted.

B. Minimum Separation. Homeless shelters shall be separated by a minimum distance of 300 feet.

C. Common Facilities. The shelter may provide the following facilities and services for the exclusive use of the residents and staff:

1. Cooking and dining facilities;

2. Recreation facilities;

3. Counseling and educational services;

4. Child care facilities;

5. Laundry facilities.

D. Maximum Length of Stay. Temporary shelter shall be available to an individual for up to 30 consecutive days.

E. Intake Area. A sufficiently sized indoor intake area shall be provided.

F. Outdoor Activities. Outdoor congregating in public view and outdoor public telephones are prohibited. Organized outdoor activities are limited to the hours between 8:00 a.m. and 10:00 p.m. to minimize off-site noise impacts.

G. Homeless Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:

1. An on-site manager shall be present when residents are present at the shelter.

2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

3. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, control of outdoor loitering, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

H. Parking. On-site parking shall be provided at a minimum of one space per resident family, .35 spaces per bed and one space per the maximum number of staff on-site at any one time.

I. Lighting. Exterior lighting adequate for security purposes shall be provided. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the vicinity. (Ord. 1104 § 2 (Exh. A § 13), 2010.)

20.20.050 Reasonable accommodation

A. Purpose. The purpose of this section is to establish a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable accommodation as provided by the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act, and to establish criteria to be used when considering these requests.

B. Definitions. As used in this section, the following terms are defined as follows:

Acts means the Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act.

Individual with a disability. As defined under the Acts, means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or anyone who has a record of that type of impairment.

C. Application.

1. A written request for reasonable accommodation from a land use or Land Use Code regulation or policy shall be made by an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability on a form provided by the planning and building department.

2. A request for reasonable accommodation shall state the basis of the request including but not limited to a modification or exception to a specific regulation, standard or practice for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.

3. The planning and building director may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 45-day time period for making a determination on the request shall be suspended until the requested information is provided.

4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

D. Review and action.

1. Review Period. The planning and building director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable accommodation within 45 days of the date the application is deemed complete, or within an extended period as mutually agreed upon in writing by the applicant and the director.

2. Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall include the following findings:

a. The housing that is the subject of the request for reasonable accommodation will be used by an individual with a disability protected under the Acts;

b. The requested accommodation is necessary to make housing available to an individual with a disability protected under the Acts;

c. The requested accommodation would not impose an undue financial or administrative burden on the City; and

d. The requested accommodation would not require a fundamental alteration in the nature of the City’s land use policies and development standards.

3. Notice. Notice of the determination shall be provided to the applicant and to abutting owners of the property that is the subject of the request for reasonable accommodation. All written decisions shall give notice of the right to appeal the director’s determination as set forth in subsection (D)(4) of this section.

4. Appeal of Determination. A determination by the director shall be final unless appealed to the planning commission as provided by HMC 20.28.085. Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision.

5. Applicability. If the director grants the request, the request shall be granted to an individual and shall not run with the land unless the director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code or (2) the accommodation is to be used by another individual with a disability.

6. Recordation of Determination. Prior to the issuance of any permits relative to an approved reasonable accommodation, the planning and building director may require the applicant to record a covenant in the county recorder’s office acknowledging and agreeing to comply with the terms and conditions established in the determination. The covenant shall be required only if the director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved. (Ord. 1104 § 2 (Exh. A § 14), 2010.)

20.20.055 Large family day care facilities

Repealed by Ord. 1231. (Ord. 950 § 2 (Exh. A § 1850), 1998.)

20.20.060 Residential visitor lodging operations

A. Purpose. The purpose of these regulations is to ensure that residential visitor lodging operations are located in a manner which does not infringe upon the privacy, peace and tranquility of surrounding residences nor decrease or otherwise detract from the aesthetic or residential character of surrounding properties.

B. Standards. The following standards shall apply to residential visitor lodging operations:

1. Upon the establishment of a residential visitor lodging operation, the operation shall be inspected by the building official for compliance with all building and safety codes enacted by the City and shall be inspected annually for continued compliance with all applicable codes. An inspection fee, set by resolution of the City Council, may be charged for each annual inspection.

2. Each operation shall comply with the provisions of HMC Title 8 as well as all state and county laws governing food-handling establishments. Meals, in the form of breakfast and an afternoon snack, may be served to guests only in connection with their lodging.

3. On-site parking shall be provided as required by Chapter 20.16 HMC, Article VIII.

4. The owner or manager of a residential visitor lodging operation shall live on the premises of or on the property immediately adjacent to the operation.

5. Accessory dwelling units shall not be converted to accommodate a residential visitor lodging operation.

6. Only one residential visitor lodging operation shall be allowed per City block, unless separated by 500 feet or more. For the purposes of this section, a “City block” shall be defined as the properties abutting the same street located between two intersecting streets. Corner lots shall be considered in this section as fronting two City blocks.

7. Alcohol may be provided to guests only with the appropriate permits obtained from the planning and building department and the State Department of Alcohol and Beverage Control (ABC).

8. Design review approval may be required subject to the provisions of Chapter 20.28 HMC, Article IV. Any new structure constructed solely for lodging purposes will require design review and shall be consistent with the Citywide Design Guidelines.

9. Any conditional use permit authorizing a residential visitor lodging operation may be subject to review at three-year intervals or at any time when the planning commission has reason to believe that the regulations are not being adhered to or when there are problems associated with the lodging operation that warrant review by the planning commission.

10. Special events may be allowed on the premises of a residential visitor lodging operation; provided, that a special event permit is first obtained from the planning commission. This does not apply to events for registered guests only, which are permitted. The following regulations govern such uses, although the planning commission shall be authorized to further restrict these events through conditions of approval applied to the special event permit. The planning commission shall also have authority to deny a special event permit if findings are determined that such a use will have an adverse impact on the health, safety and general welfare of the neighborhood in which the residential visitor lodging operation is located.

The following regulations shall apply to any special event permit located within a residential visitor lodging dwelling:

a. Amplified music or speech shall be in compliance with the noise regulations as set forth in Chapter 9.32 HMC.

b. No event shall last longer than one day and shall be limited to between the hours of 10:00 a.m. and 10:00 p.m. Activities shall be in compliance with the noise regulations as set forth in Chapter 9.32 HMC.

c. A special event permit application submitted to the planning commission shall contain information on how parking will be addressed and if use of the city streets will be required, as well as other information required by the planning and building director.

d. A 10-day advance notice shall be delivered to all property owners or residences within 100 feet prior to the event. This notice may be hand delivered or delivered by mail. The notice shall indicate the nature of the special event, expected number of persons, whether it is open to the general public or paid admission, hours of the event and who can be contacted for further questions. A copy of the approved City special event permit shall be enclosed in the notice.

C. Findings for Approval. In addition to the findings required pursuant to HMC 20.28.165(A), the planning commission shall make the following findings in approving a conditional use permit for a residential visitor lodging operation:

1. The proposed residential visitor lodging is compatible with surrounding land uses and will not detrimentally affect the health, safety or welfare of the surrounding neighborhood or area.

2. Approval of the subject residential visitor lodging will not result in an over-concentration of such uses in a neighborhood.

3. There is adequate parking for all guests and operators to park on the subject property in accordance with Chapter 20.16 HMC, Article VIII and that the required parking for guests is screened from view from the street.

4. Approval of the residential visitor lodging will result in the preservation of the residential design and scale of the structures on the property and will maintain the residential character of the neighborhood.

5. The architectural or historic character of the structure proposed to house the visitor lodging is appropriate for the use. (Ord. 1172 § 2, 2018; Ord. 1159 § 16, 2016; Ord. 1073 § 1, 2008; Ord. 1010 § 4 (Exh. A § 12), 2003; Ord. 980 § 2 (Exh. A §§ 1890, 2730), 2001; Ord. 950 § 2 (Exh. A §§ 1890, 2730), 1998.)

Article II Commercial-Related Regulations

20.20.065 Automotive service stations

The following requirements shall apply to the construction of new automotive service stations or to the alteration, enlargement or substantial modification of existing automotive service stations:

A. The minimum site area for automotive service stations, unless combined with a compatible use, shall be 15,000 square feet of gross site area with a minimum street frontage of 150 feet.

B. A minimum of one parking space shall be provided for each employee on the largest shift, plus one space for each lube rack or car wash area.

C. A minimum of 10 percent of the gross site area shall be landscaped, at least 50 percent of the same in live plant material. Landscaping, consisting of evergreen trees, shrubs, vines, groundcover, or any combination thereof, shall be installed, permanently maintained, and, if necessary, replaced, subject to the following standards:

1. Boundary landscaping is required along all property lines abutting streets, except the area required for street openings.

2. Landscaping areas are to be a minimum of five feet wide and shall be separated from adjacent vehicular areas by a wall or curbing at least six inches higher than the adjacent vehicular area.

3. Landscaping shall be limited to a height of two and one-half feet when located within 10 feet of a street property line.

4. The applicant is encouraged to retain existing trees and vegetation, which may be incorporated into an aesthetically pleasing landscape design.

5. All landscaped areas shall be served by permanent irrigation facilities, centrally and automatically controlled.

D. All lube hoists and other such racks shall be enclosed within the main structure.

E. All rubbish and storage, including used or discarded automotive parts or equipment, shall be screened by a solid wall or material in harmony with the color and material of the main structure; said screening shall be a minimum of six feet in height.

F. All property lines not fronting on a street shall be fenced, unless the service station is an integral part of a larger mixed-use commercial project or shopping center.

G. Service stations shall be established at least 300 feet from an existing school, park, playground, church, museum, or other place of public gathering, as determined by the planning commission.

H. A maximum of one service station shall be permitted in a neighborhood shopping center without access to a major thoroughfare. Additional stations may be permitted if integrated into the overall design of the shopping center complex and approved through the design review process.

I. Service stations shall be so located that no entrance or exit driveway is closer than 200 feet from an entrance or exit ramp of any freeway.

J. All areas not landscaped shall be covered with a permanent paving material of either concrete or asphalt.

K. Utility rental trailers and trucks may be stored on the subject site subject to the conditions of the conditional use permit granted the service station and limiting the number thereof. Said trucks and trailers shall be screened from view and shall not detract from the uncluttered appearance of the service station.

L. Tow truck operations may be permitted as an ancillary use to a service station, provided such operations are approved as part of the conditional use permit. No junked, wrecked or inoperative vehicles may remain on the site for more than seven consecutive days.

M. Beer and wine sales (off-sale), ancillary to mini-market retail sales contained within a service station, may be allowed provided a conditional use permit is approved by the planning commission. The planning commission, at its discretion, may deny or further condition the use permit in addition to state regulations to ensure that the public health, safety and general welfare of the neighborhood and community is served.

N. Service stations existing in conforming districts may be remodeled subject to the issuance of a conditional use permit and the foregoing regulations shall apply where possible and practical. Existing service stations that do not conform to the zoning regulations are subject to the provisions of Chapter 20.28 HMC, Article I. (Ord. 1057 § 1, 2007; Ord. 990 § 2 (Exh. A § 3), 2002; Ord. 950 § 2 (Exh. A § 18100), 1998.)

20.20.070 Neighborhood retail stores

The following standards shall govern the development of neighborhood retail stores.

A. The minimum site for a neighborhood retail store shall be 6,000 square feet and the maximum site size shall be 12,500 square feet.

B. Hours of operation shall be between 7:00 a.m. and 9:00 p.m.

C. Neighborhood retail stores shall not include liquor or alcoholic beverage stores, although beer and wine may be sold as an ancillary use.

D. Trash and recycling receptacles shall be provided for patrons of the neighborhood retail store, near the front door, but outside of any public right-of-way.

E. A minimum of three on-site bicycle racks shall be provided.

F. On-site parking shall be provided as prescribed in Chapter 20.16 HMC, Article VIII, with a minimum of three spaces provided.

G. Neighborhood convenience retail stores shall be subject to design review, as prescribed in Chapter 20.28 HMC, Article IV. (Ord. 950 § 2 (Exh. A § 18110), 1998.)

20.20.075 Alcoholic beverage establishments

The following requirements shall apply to all alcoholic beverage establishments, including new establishments and modifications to existing establishments, that propose off-sale and/or on-site consumption of alcohol.

A. Purpose. It is the intent of this section to prevent problems associated with commercial establishments involved in the sale of alcohol for on-site or off-premises consumption and to prevent over-concentration of a single type of use. It has been demonstrated that such establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. It is, therefore, the purpose of this section to establish regulations to govern land uses involved in the dispensing of alcoholic beverages and promote a diversity of uses within the downtown.

B. Exceptions. The provisions of this section shall not apply to full service restaurants, theaters and auditoriums, private clubs and veteran or fraternal clubs, or the temporary sale of alcoholic beverages by a church, school or charitable group as defined by the Department of Alcoholic Beverage Control (ABC).

C. Conditional use permit requirement and application.

1. Any person, association, partnership, corporation, or other entity desiring to obtain an alcoholic beverage establishment conditional use permit, where required under the provisions of this title, shall file an application with the planning department on a form provided by the department. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution.

2. The planning and building director shall establish and maintain a list of information that must accompany every application for an alcoholic beverage establishment conditional use permit. Said information may include, but shall not be limited to, completed supplemental project information, and any other information reasonably necessary to demonstrate consistency with the provisions of this section, as well as the general objectives of the Land Use Code and the purposes of the underlying zoning district.

3. The planning and building director may refer the application to other City departments to determine whether the premises where the alcoholic beverage establishment will be located complies with the City’s building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

4. Notice and public hearing requirements shall be as set forth in HMC 20.28.080 pertaining to conditional use permits.

D. Grounds for conditional use permit approval, denial or revocation.

1. The planning commission may consider if any of the following would be applicable to the request in determining whether to deny, revoke or grant the conditional use permit:

a. Information contained in the application or supplemental information requested from the applicant is false in any material detail.

b. The operation of the alcoholic beverage establishment is or would be in violation of one or more provisions of these regulations and Chapter 20.28 HMC, Article V (Conditional Use Permits).

c. The premises where the alcoholic beverages establishment is or will be located does not comply with all applicable laws, including, but not limited to, the City’s building, health, zoning and fire ordinances.

d. The proposed use will adversely affect the welfare of the area residents or will result in an undue concentration in the area of alcoholic beverage establishments, as determined by the planning commission based upon a review of the facts associated with the particular application.

e. The proposed location is inappropriate for the proposed use by virtue of its proximity to:

i. Residential buildings and residentially zoned property;

ii. Churches, schools, hospitals, public playgrounds and other similar uses; and

iii. Other alcoholic beverage establishments.

iv. The proposed use will be of such a size or consist of an activity level, e.g., music, entertainment activities, food service, arcade games or other amusement activities, etc., such that it would be incompatible or unsuitable with the uses in and/or character of, the surrounding area.

f. The establishment of the use as proposed and/or at the subject location would be in conflict with any of the provisions contained in this section.

g. The decision-making body cannot make the findings for conditional use permit approval pursuant to HMC 20.28.165.

h. Findings for revocation of the conditional use permit have been made pursuant to HMC 20.28.195.

2. Notice of conditional use permit denial shall be in writing and shall state the grounds therefor. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.

3. Any alcoholic beverage establishment conditional use permit may be revoked or suspended by the planning commission for up to one year for any of the reasons specified as grounds for conditional use permit denial in subsection (D)(1) of this section, or failure to comply with the conditions included in the conditional use permit.

4. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocations shall be done as specified in HMC 20.28.195.

E. Conditional use permit conditions. The planning and building director may recommend conditional issuance of an alcoholic beverage establishment use permit by reasonable conditions to ensure compliance with the provisions of this section and other sections of the Land Use Code and Municipal Code.

F. Each conditional use permit issued pursuant to this section is only valid for the specific location and operational characteristics of the establishment as described in the conditional use permit application and conditioned by the planning commission.

G. A new or amended conditional use permit is required for any existing alcoholic beverage establishment use that requires a conditional use permit pursuant to this title under the following circumstances:

1. Prior to any change in the location of the alcoholic beverage establishment.

2. Prior to the change of mode or manner of operation of any existing alcoholic beverage establishment. This may include, but shall not be limited to, an increase in the area of the establishment, hours of operation, type of alcoholic beverage service being offered, change in the specific set of circumstances under which the use was previously permitted, or any other change in operating characteristics.

3. Prior to the enlargement or expansion of any existing alcoholic beverage establishment, including but not limited to, physical expansion of the facility or expansion of the nature of the business, e.g., hours of operation, scope of activities, number of tables, etc.

H. Nonconforming uses.

1. Any commercial establishment that was engaged in the sale of alcoholic beverages and was in existence and lawfully operating without a conditional use permit before the effective date of this title establishing a conditional use permit requirement for the subject use, is hereinafter considered to be a legal nonconforming use. The City Council may, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. A nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the judgment of the City Council, so that any of the following regularly occurs: generation of excessive noise in violation of Chapter 9.32 HMC, inadequate crowd control, generation of excessive litter, inadequate parking facilities, excessive calls for police service, existence of unsafe conditions as determined by the building official or the Fire Chief, or any other grounds for nuisance recognized by California law.

2. Where the provisions of this section would apply to a use of the property in the underlying zoning district, use of a lot for an establishment dispensing, for sale or any other reason, alcoholic beverages for on-site or off-site consumption, may not be modified, continued or reestablished without a conditional use permit if any of the following occurs:

a. The establishment changes its type of retail liquor license classification; or

b. Pursuant to a hearing before the Department of Alcoholic Beverage Control, the establishment’s liquor license is revoked or suspended for a period of more than 30 days; or

c. The operation of the establishment is abandoned or discontinued for a period of six months or more, including the case where the license for such operation is suspended; or

d. There is a substantial change in the mode or character of operation of the establishment as determined by the planning and building director.

I. General Requirements. The following are general requirements that may, among others, be required as conditions of a conditional use permit to establish, expand or modify an alcoholic beverage establishment:

1. The operation of an alcoholic beverage establishment shall be the responsibility of the permittee personally (if an individual is the permittee) or a manager or designated responsible employee of the permittee at all times. The permittee shall designate the names of all such managers and designated responsible employees in the application and shall advise the planning and building director in writing whenever any change is made.

2. The permittee personally (if an individual is the permittee) or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business.

3. All employees shall complete a program recognized by the Department of Alcoholic Beverage Control (ABC) as a qualified responsible beverage service program prior to the commencement of a new business or within 90 days of hire for new employees. The manager of an alcoholic beverage establishment shall maintain on the premises a file containing the certificates of training for all employees.

4. The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates Chapter 9.32 HMC regarding noise generation. The applicant shall present a noise management plan to the planning and building director prior to the commencement of the use. Said plan shall establish the method by which noise impacts, including but not limited to, amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facility on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Should complaints be received regarding noise disruption, the applicant shall take reasonable and practical steps as directed by the director to reduce the intensity, number and/or occurrences of these disruptions. Said steps may include, but are not limited to, the reduction of the number and/or volume of microphones, amplifiers and speakers; the installation of certain physical improvements designed to attenuate noise generation; the relocation of patron waiting/queuing areas to a location found to be acceptable to the director; and/or a reduction in hours for the commercial recreation activities. The director may require the preparation of an acoustical evaluation to quantify the noise levels and to suggest appropriate attenuation measures. Such an evaluation shall be funded by the applicant and directed by the director to be performed with no notice to owner/operator.

5. The applicant shall submit a security plan to the planning and building director prior to the commencement of the use. The security plan shall include, but not be limited to, provisions for the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff. The plan shall be subject to review and approval by the chief of police.

6. Bar and nightclub personnel shall check identification (I.D.) at the front door to ensure patrons are of legal age to enter; consistent with the ABC licensing restrictions.

7. At closing time or during special events, crowd control by qualified security personnel shall be provided to ensure safety and orderly conduct in front of the premises. Sidewalks shall be kept open for pedestrian traffic at all times.

8. The planning and building director and chief of police may require that the owner/operator provide additional qualified security personnel on site to provide adequate crowd control.

9. Exterior lighting shall be installed as necessary to adequately illuminate the sidewalk or other public way in front of the business at closing time. This lighting will ensure the safety of patrons and discourage loitering in front of the business.

10. The applicant shall, for the first six months, schedule a monthly meeting with the planning and building director and chief of police in order to identify and mitigate any noise/parking/lighting problems and/or neighborhood concerns.

11. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant’s license by the ABC may constitute sufficient cause or basis for review and possible revocation of a conditional use permit.

12. A conditional use permit for an alcoholic beverage establishment may be recalled to the planning commission for review at any time at a public hearing due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the commission may revoke the conditional use permit or add/modify conditions of approval.

13. Off-premises sales shall abide by any police chief safety requirements established as conditions of the use to minimize crime activities.

14. A conditional use permit issued for an alcoholic beverage establishment use that is subsequently abandoned, and replaced entirely by another use, may be revoked consistent with the provisions of HMC 20.28.195.

15. The owner or operator of an alcoholic beverage establishment shall notify the City when the business use ceases operating.

16. The planning commission and City Council shall have the right to impose conditions upon the conditional use permit as are necessary for the protection of the peace, health, welfare and safety of those persons living or working in the vicinity or neighborhood.

J. Specific Requirements for Alcoholic Beverage Establishments for On-Site Consumption. Alcoholic beverage establishments that include on-site consumption of alcoholic beverages, including bars, cocktail lounges, and tasting rooms, but excluding those uses identified in subsection (B) of this section (Exceptions), shall be subject to the following additional requirements:

1. Downtown Dispersion. The following provisions shall apply to uses within the downtown area:

a. Within both the PR and CD downtown districts, one establishment per block face may be permitted. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of “Lot line, front,” in HMC 20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.

b. Within the CD district, an establishment shall be prohibited from locating within any building with frontage on the following streets: East Street; Piper Street.

c. Within the CD district, the planning commission may approve one establishment per block face, in addition to an establishment permitted pursuant to subsection (J)(1)(a) of this section, or in addition to any establishment located on the block face at the time of adoption of this section, only if the existing alcoholic beverage establishment on the same block face has ceased operations and the establishment’s conditional use permit qualifies for revocation pursuant to this code. In this case, revocation of the existing conditional use permit is not required before the additional conditional use permit may be granted.

2. Conditions. The planning commission may specify limitations on the use, as a condition of approval of a use that requires a conditional use permit, including but not limited to the hours of operation, as deemed necessary to promote the general health, safety or welfare.

3. Events. Subordinate and incidental events may be allowed as accessory uses. This may include participation in community and regional events, club release parties associated with product sales and promotion, industry events for a group association that is related to the business activity (e.g., vintners association), and community benefit group events (for groups as defined in HMC 20.28.310, definitions).

The applicant shall provide information listing the types of accessory events that are proposed or anticipated with the use. Limitations on special events may established by conditional use permit.

4. Amplified Music. Outdoor amplified music shall not be allowed unless permitted by the planning commission as a condition of approval of a use permit. Indoor amplified music shall not be audible outside of the establishment and shall comply with the City noise ordinance, Chapter 9.32 HMC.

5. Entertainment and Assembly. Entertainment and/or assembly uses (e.g., live entertainment, catered events, parties, and similar uses involving large groups or increased noise potential) shall not be allowed without conditional use permit approval by the planning commission.

6. Parking shall be provided for the use in accordance with Chapter 20.16 HMC, Article VIII.

7. Any proposed signage shall comply with the standards of Chapter 20.16 HMC, Article IX. (Ord. 1219 § 2, 2022; Ord. 1166 § 5, 2017; Ord. 1057 § 2, 2007; Ord. 1010 § 4 (Exh. A §§ 13, 14), 2003; Ord. 950 § 2 (Exh. A § 18130), 1998.)

20.20.080 Telecommunication facilities

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of minor antennas. The regulations contained herein are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunication facilities and important amateur radio installations. They have been also developed to further the policies of the Healdsburg General Plan.

A. It is furthermore intended that these regulations specifically accomplish the following:

1. Provide requirements to ensure that new telecommunication facilities are installed in a manner to minimize their visual impact to the community.

2. Protect the inhabitants of the City from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation).

3. Protect the environmental resources of the City.

4. Create telecommunication facilities that will serve as an important and effective part of the City’s emergency response network.

5. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the City’s citizens.

6. Ensure that telecommunications facilities are consistent with the Citywide Design Guidelines.

B. Definitions The following terms as used in this section shall have the following meanings:

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support. All of these elements are deemed to be part of the antenna.

Antenna, building-mounted. Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than 13 feet tall and six inches in diameter, or structure other than a telecommunication tower.

Antenna, ground-mounted. Any antenna with its base placed directly on the ground or a mast less than 13 feet tall and six inches in diameter.

Antenna, vertical. A vertical-type antenna without horizontal cross-sections greater than one-half inch in diameter.

Inhabited area. Any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.

NIER. Non-ionizing electromagnetic radiation (i.e. electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).

Public service use or facility. A use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, library, fire and police protection, solid waste management or utilities.

Public view. Some portion of a minor antenna or telecommunication facility that will be visible from a public place, or from four or more adjoining private properties.

Quasi-public use. A use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

Readily visible. An object that stands out as a prominent feature of the landscape when viewed with the naked eye.

Satellite dish. Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

Silhouette. A representation of the outline of the towers and antenna associated with a telecommunication facility, as seen from an elevation perspective.

Structure ridgeline. The line along the top of a roof or top of a structure, if it has no roof.

Telecommunication facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

Telecommunication facility – co-located. A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

Telecommunication facility – commercial. A telecommunication facility that is operated primarily for a business purpose or purposes.

Telecommunication facility – major. Telecommunication facilities 36 to 100 feet in height or nonexempted facilities that do not meet the requirements for a minor telecommunication facility.

Telecommunication facility – minor. Telecommunication facilities which are not readily visible to the naked eye from any public view as determined by the planning and building director or that are no greater than 35 feet in height. If a facility does not meet these criteria then it is considered a major telecommunication facility.

Telecommunication facility – multiple users. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity.

Telecommunication facility – non-commercial. A telecommunication facility that is operated solely for a non-business purpose.

Telecommunication tower. A mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast less than 13 feet tall and six inches in diameter supporting a single antenna shall not be considered a telecommunication tower.

C. Exemptions. The following shall be permitted without City approvals, provided that: 1) the primary use of the property is not a telecommunication facility and that the antenna use is accessory to the primary use of the property; and 2) no more than one support structure in excess of 40 feet for licensed amateur radio operators, or one satellite dish, is allowed on the parcel:

1. A single ground- or building-mounted receive-only radio or television antenna not exceeding 35 feet, including any mast, or such antenna at any height when not located within public view as determined by the planning and building director.

2. A receive-only radio or television satellite dish antenna, not exceeding 3.28 feet or less in diameter or exceeding the height of the ridgeline of the primary structure on said parcel, for the sole use of the tenant occupying a residential parcel on which said antenna is located.

3. A receive-only radio or television satellite dish antenna, not exceeding 6.56 feet or less in diameter or not exceeding the height of the ridgeline of the primary structure on said parcel, in areas with commercial, industrial or public use zoning.

4. Mobile services providing public information coverage of new events of a temporary nature.

5. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service that existed at the time of the adoption of this Title.

6. A ground- or building-mounted citizens band radio antenna, including any mast, or a ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, subject to the following requirements:

a. Antennas on, or attached to, any existing building or other structure may be installed without a permit of any kind when the height of the antenna and its supporting tower, pole or mast does not exceed a height of 30 feet above the height of the ridgeline of the primary structure to which it is attached;

b. Antennas installed on, or attached to, any existing building or other structure will be subject to the application for and issuance of a conditional use permit and a building permit when the height of the antenna and its supporting tower, pole or mast exceeds a height of 30 feet above the height of the ridgeline of the primary building or structure to which it is attached;

c. Free-standing antennas (not supported on or attached to a building) and their supporting towers, poles or masts may be installed without a building permit when the overall height of the antennas and their supporting structures does not exceed a height of 40 feet above the grade level at the site of the installation. Vertical antennas attached to this structure shall not require a building permit;

d. Free-standing antennas and their supporting towers, poles or masts may be installed, subject only to the issuance of a building permit, when the overall height of the antennas and their supporting structures exceeds 40 feet and does not exceed a height of 80 feet;

e. Free-standing antennas, including vertical antennas, and their supporting towers, poles or masts over 80 feet will be subject to the application for and issuance of a conditional use permit and a building permit;

f. The engineering data and drawings supplied in a reproduced form by the tower and/or antenna manufacturer that address the intended installation method shall be considered sufficient engineering drawings and studies to meet all applicable building code requirements for issuance of a permit. Any free-standing antenna must comply with all applicable required yard setbacks.

D. Registration required.

1. All telecommunication carriers and providers that offer or provide any telecommunication services for a fee directly to the public, either within the city of Healdsburg, or outside the corporate limits from telecommunication facilities within the City, shall register with the City pursuant to this section on forms to be provided by the planning and building director. The purpose of this registration under this section is to:

a. Provide the City with accurate and current information concerning the telecommunication carriers and providers that offer or provide telecommunication services within the City, or that own or operate telecommunication facilities within the City;

b. Assist the City in enforcement of this section;

c. Assist the City in the collection and enforcement of any license fees or charges that may be due to the City; and

d. Assist the City in monitoring compliance with local, state and federal laws.

2. The following information shall be required for all applications:

a. The identity and legal status of the registrant, including any affiliates;

b. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;

c. A narrative and map description of registrant’s existing or proposed telecommunication facilities within the City of Healdsburg;

d. A description of the telecommunication services that the registrant intends to offer or provide, or is current offering or providing, to persons, firms, businesses or institutions within the City; and,

e. Such other information as the planning and building director may reasonably require.

3. Each application for registration as a telecommunication carrier or provider shall be accompanied by a fee as set forth by resolution by the City Council. Each registrant shall inform the City within 60 days of any change of the information set forth in this section.

E. The zoning administrator may refer to the planning commission an application for a minor telecommunication facility if he/she determines that the public interest would be furthered by having the commission review the application.

F. Application requirements and review process.

The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this chapter, or other conditions of approval may also be necessary. All telecommunication facilities shall comply with:

1. Minimum Application Requirements. The planning and building director shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo montages, facility design alternatives to the proposal, visual impact analysis, NIER exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunication facilities within one-quarter mile therefrom, and deposits for peer review. The planning director may release an applicant from providing one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted.

2. Expert Review. The planning and building director is explicitly authorized to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.

3. Review authority.

a. Minor telecommunication facilities may be approved by the planning and building director through a design review application. The director may refer to the planning commission an application for a minor telecommunication facility if he/she determines that the public interest would be furthered by having the commission review the application.

b. Minor telecommunication facilities may be approved by the planning and building director through a conditional use permit application.

4. Public Notice. In addition to the public notice required under this section, the following special noticing shall be provided:

a. Notice of a public hearing on a conditional use permit application authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice.

b. Notice of approval of a site plan permit authorizing the establishment or modification of, or the renewal of a permit for, a telecommunication facility or minor antenna shall be mailed to all adjacent property owners within 300 feet. Mailing of said notice shall start a 10-working-day appeal period of the planning and building director’s action.

5. Life of approvals.

a. A use permit or site plan permit issued pursuant to this section authorizing establishment of a telecommunication facility must be renewed every 10 years through the approval process specified at HMC 20.28.105. The grounds for non-renewal shall be limited to a showing that one or more of the situations listed below exist:

i. The use involved is no longer allowed in the applicable zoning district,

ii. The facility fails to comply with the relevant requirements of this section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the planning and building director that the facility will be brought into compliance within 120 days,

iii. The permittee has failed to comply with the conditions of approval imposed,

iv. The facility has not been properly maintained,

v. The facility has not been upgraded to minimize its impact to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provision of universal service at affordable rates.

The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under subsection (F)(4) of this section was not provided.

b. If a use permit or other entitlement for use is not renewed, it shall be scheduled before the planning commission for possible revocation 10 years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued within 120 days thereafter, all improvements installed, including their foundations down to three feet below ground surface, shall be removed from the property and the site restored to its natural preconstruction state within 180 days of nonrenewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the planning director that these sections of road are necessary to serve some other allowed use of the property that is currently present or to provide access to adjoining parcels.

G. Standard agreement required.

1. A maintenance/facility removal agreement signed by the applicant shall be submitted to the planning and building director prior to approval of a conditional use permit or other entitlement authorizing the establishment or modification of any telecommunication facility that includes a telecommunication tower, one or more new buildings/ equipment enclosures larger in aggregate than 300 square feet, more than three satellite dishes of any size, or a satellite dish larger than 10 feet in diameter.

2. The agreement shall bind the applicant and the applicant’s successors in interest to properly maintain the exterior appearance and ultimately remove the facility, all in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform.

3. The agreement shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as:

a. The planning and building director has first provided the applicant the following written notices:

i. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least 45 calendar days to complete it; and

ii. A follow-up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the city’s intent to commence the required work within 10 working days;

b. The applicant has not filed an appeal within 10 working days of the notice required under (a)(ii) above. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it is taken in favor of the planning and building director.

4. All costs incurred by the City to undertake any work required to be performed by the applicant pursuant to the agreement referred to in subsection (1) above including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within 10 working days of written request therefor such costs as the City reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within 10 working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunication facility involved if the applicant fails to pay the monies demanded within 10 working days. It shall further require that operation remain suspended until such costs are paid in full.

H. General Provisions. The following requirements shall be met for all telecommunication facilities:

1. Any applicable General Plan policies, specific plan, area plan, PD standards, Local Area Development Guidelines, and the permit requirements of any agencies that have jurisdiction over the project.

2. All the requirements established by the other chapters of the Healdsburg Municipal Code and Healdsburg Land Use Code, as amended, which are not in conflict with the requirements of this chapter.

3. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Fire Safe Standards, where applicable.

4. Any applicable Airport Land Use Commission regulations and Federal Aviation Administration regulations.

5. Any applicable easements or similar restrictions on the subject property.

6. All FCC rules, regulations, and standards.

7. Maintain in place a security program when determined necessary by the Police Chief that will prevent unauthorized access and vandalism.

8. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

9. Where a telecommunication facility or minor antenna is to be located within a City right-of-way or utility pole, no approval granted hereunder shall be effective until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the approval is granted to occupy and use public ways of the City.

10. No approval granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunication services or any other purposes.

11. No approval granted under this section shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and term stated in the approval. Further, no approval shall be construed as any warranty of title.

I. Structural Requirements. A building permit shall be required for the construction, installation, repair or alteration of any support structure for communication equipment, except for the following:

1. Poles, spires, or other support structures with a diameter four inches or less, or a surface area of 16 square feet or less and not exceeding 10 feet in height;

2. Open-frame towers of trussed construction not exceeding 10 feet in height;

3. Poles, open-frame towers and other appurtenances, excluding buildings, constructed or installed by a public utility in the exercise of its function as a serving utility.

J. Basic Tower and Building Design. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented.

1. Telecommunication towers shall be constructed out of metal or other non-flammable material, unless specifically conditioned by the city to be otherwise.

2. Telecommunication towers taller than 35 feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the planning and building director or planning commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes.

3. Telecommunication towers shall not exceed 100 feet in height unless the following findings are made by the planning commission:

a. It is not technically feasible to have a tower below this height at the requested location;

b. Alternative locations that would not require a tower height in excess of the standard given above are not available or feasible;

c. The facility blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable.

4. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing that this is infeasible.

5. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only).

6. Telecommunication support facilities shall be no taller than 15 feet in height and shall be treated to look like a building or facility typically found in the area;

7. Telecommunication support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile or provide other mitigation measures.

8. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunication site shall be initially painted and thereafter repainted as necessary with a “flat” paint, if it is determined by the decision-making body that the native coloring of the facility does not provide adequate blending with the surrounding environment. The color selected shall be one that in the opinion of the planning and building director or planning commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands and adjacent structures, when present, shall be painted colors matching these landscapes and structures, while elements which rise above the horizon shall be painted a blue-gray that matches the typical sky color at that location.

K. Location. All telecommunication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented:

1. Telecommunication facilities cannot be located in any required yard setback area of the zoning district in which it is located.

2. All setbacks shall be measured from the base of the tower or structure closest to the applicable line or structure.

3. Telecommunication towers shall be set back at least 20 percent of the tower height from all property lines and at least 100 feet from any public trail, park, riparian corridor buffer setback area, or outdoor recreation area. Guy wire anchors shall be set back at least 20 feet from any property line.

4. No telecommunication facility shall be installed within the safety zone of any airport or helipad unless the operator indicates that it will not adversely affect the operation of the airport.

5. No telecommunication facility shall be installed at a location where special painting or lighting will be required by FAA regulations unless technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

6. No telecommunication facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or on property in any residential district (except R-1-40,000), Open Space District, or Plaza Retail District, or with a Hillside or Historic District Overlay, unless the planning commission makes a finding upon issuance of the use permit that it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and that no other location is technically feasible.

7. No telecommunication facility that is readily visible from off-site shall be installed closer than one-quarter mile from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable.

8. No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable; or technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these already developed sites.

L. Height Determination. A telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised.

M. Co-located and multiple-user facilities.

1. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision-making body, that identifies all reasonable, technically feasible, alternative locations and/or facilities that would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies that would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the subject area. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision-making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

2. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

3. The facility shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar competing services. A good-faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the city’s permit files. Unresolved disputes may be mediated by the planning commission. Co-location is not required in cases where the addition of the new service or facilities would cause interference with the host’s signal or if it became necessary for the host to go off-line for a significant period of time.

4. Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates actual or anticipated interference as a result of the additional facilities, shall include provision for the relocation of the existing public use facilities. All costs associated with relocation shall be borne by the applicant for the additional facilities.

N. Lighting. All telecommunication facilities shall be unlit except for the following:

1. A manually operated or motion-detector-controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and

2. The minimum tower lighting required under FAA regulation. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences.

O. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:

1. Existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and City engineer.

2. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and City engineer.

P. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:

1. Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction;

2. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.

Q. Fire Prevention. All telecommunication facilities shall be designed and operated so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented:

1. At least one-hour fire-resistant interior surfaces shall be used in the construction of all buildings.

2. Monitored automatic fire-extinguishing systems approved by the fire chief shall be installed in all equipment buildings and enclosures.

3. Rapid entry (KNOX) systems shall be installed as required by the fire chief;

4. Type and location of vegetation and other materials within 10 feet of the facility and all new structures, including telecommunication towers, shall be reviewed for fire safety purposes by the fire chief. Requirements established by the fire chief shall be followed.

5. All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.

R. Environmental Resource Protection. All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end, all facilities are deemed to constitute a project as defined by CEQA and shall be subject to environmental review.

S. Noise and Traffic. All telecommunication facilities shall be constructed and operated so as to minimize the amount of disruption caused to nearby properties. To that end the following measures shall be implemented:

1. Outdoor noise-producing construction activities shall only take place Monday through Saturday between the hours of 7:30 a.m. and 6:00 p.m. and none on Sunday and legal holidays, unless allowed at other times by the planning commission.

2. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to an exterior noise level that does not exceed the standard for maximum sound levels at the property boundary as set forth in Chapter 9.32 HMC. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

T. Visual Compatibility. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible, considering the technological requirements of the proposed telecommunication service, and to be compatible with neighboring residences and the character of the community.

U. NIER exposure.

1. A telecommunication facility shall not be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area, as defined in subsection (B) of this section, that exceed the FCC-adopted NIER standard for human exposure, as amended from time to time.

2. Initial compliance with this requirement shall be demonstrated for any facility within 400 feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed 80 percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the planning and building director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant’s expense, independent verification of the results of the analysis. Because of their intermittent nature, facilities solely for personal use, such as citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, or for the incidental use of a co-located commercial activity, shall be required to comply with applicable FCC rules for NIER emissions, but they shall be routinely exempt from the submission requirements in this section unless otherwise required by the planning and building director.

3. Every telecommunication facility within 400 feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the planning and building director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where the levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed 80 percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author’s/engineer’s findings with respect to compliance with the current NIER standard shall be submitted to the planning and building director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within 90 days of the date said change becomes effective.

4. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement use.

V. Exceptions.

1. Exceptions to the requirements specified above may be granted through issuance of a use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

2. An exception to the requirements of subsections (O) and (Q) above may only be granted upon written concurrence by the fire chief.

3. Tower setback requirements may be waived under any of the following circumstances:

a. The facility is proposed to be co-located onto an existing, legally established telecommunication tower; and

b. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (Ord. 1172 § 2, 2018; Ord. 1010 § 4 (Exh. A § 11), 2003; Ord. 950 § 2 (Exh. A § 1885), 1998.)

20.20.085 Adult businesses

The following standards shall govern the location and operation of adult businesses.

A. Location.

1. No adult business shall be located within 1,000 feet of the following:

a. Property classified in a residential, office, PR or CD zoning district;

b. Residential uses;

c. Churches, chapels and similar places of worship;

d. Retirement and convalescent homes and hospitals;

e. Schools, day care establishments, and public and private parks and playgrounds;

f. Recreational facilities, game arcades, bowling alleys, skateboard rinks, skating rinks, or similar areas where minors regularly congregate;

g. City Hall, City offices, libraries or other governmental facilities.

2. No adult business shall be located within 300 feet of another adult business.

3. For purposes of this section, all distances shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the adult business is proposed to be located to the nearest property line of a use or district listed above.

B. Adult businesses shall conform to the following development standards:

1. Advertisements, displays or other promotional materials depicting or describing “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to be visible from other areas open to the general public.

2. All building openings, entries and windows for an adult business shall be located, covered, or screened in such a manner as to prevent a view into the interior of an adult business from any area open to the general public.

3. All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

4. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.

5. No residential structure or any other nonconforming structure shall be converted for use as an adult business after enactment of the provisions of this article.

6. An on-site security program shall be prepared and submitted for the approval of the chief of police. (Ord. 950 § 2 (Exh. A § 1895), 1998.)

20.20.090 Hotel, extended stay hotel, motel

A. Purpose. The purpose and intent of this section is to preserve the small-town character of the City within the Plaza Retail (PR) District and Downtown Commercial (CD) District, and to retain sufficient space within said districts for persons to establish small and locally serving businesses by limiting the size and location of a new motel, hotel or extended stay hotel (“hotel”), as defined in HMC 20.28.310, in order to avoid an overconcentration of hotel uses within the downtown.

B. Application. The following requirements shall apply to all applications for a conditional use permit to construct and establish a new hotel or to expand an existing hotel located within the PR District and CD District after the effective date of the ordinance codified in this section.

C. Nonconforming Uses. Any hotels that add guest rooms in excess of 67 rooms within the PR District shall be nonconforming. All current hotels in the CD District that include in excess of five guest rooms or, when combined with other hotels on the same block face, contain more than five guest rooms per block face, shall be nonconforming as to the number of guest rooms. Existing hotels that become nonconforming as an effect of these revisions may add no additional guest rooms. This provision shall not affect an applicant’s ability to apply for permits to expand, intensify, or add any other use. In addition, regulations per HMC 20.28.020 and 20.28.030 further describe nonconforming uses and structures.

D. Conditional Use Permit Requirement. Any person desiring to construct and establish a new hotel or to expand an existing hotel in the PR District or CD District must obtain a conditional use permit in accordance with Chapter 20.28 HMC, Article V.

E. Conditional Use Permit Findings: PR District. In addition to the findings required by HMC 20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the PR District, the planning commission shall make the following finding: The addition of the number of hotel guest rooms or suites proposed by the application, when added to the then currently existing number of hotel guest rooms or suites, shall not exceed 67 hotel guest rooms or suites within the entire PR District.

F. Conditional Use Permit Findings: CD District. In addition to the findings required by HMC 20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the CD District, the planning commission shall make all of the following findings:

1. The proposed project does not include in excess of five hotel guest rooms or suites. If the proposed project would expand an existing hotel, the total number of hotel guest rooms or suites within the hotel shall not exceed five hotel guest rooms or suites.

2. The addition of the proposed number of hotel guest rooms or suites, when added to the number of existing hotel guest rooms or suites, shall not exceed five total hotel guest rooms or suites per block face, unless separated by 500 feet or more. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of “Lot line, front” in HMC 20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.

3. The proposed hotel rooms are located behind or above retail or lobby space on a primary street frontage.

4. The proposed hotel does not front on a residential zoning district.

5. Parking required by Chapter 20.16 HMC, Article VIII shall be provided on site.

6. Accessory uses to the hotel such as meeting rooms or guest event spaces shall be subordinate to the hotel use.

7. Residential units shall not be converted into hotel rooms. (Ord. 1234 § 3, 2023; Ord. 1233 § 3, 2023.)

20.20.095 Commercial cannabis uses and requirements

A. Standards for All Commercial Cannabis Uses.

1. Purpose. This section provides the development, operating, and permit standards for all commercial cannabis uses, including both adult (recreational) and medicinal cannabis uses, to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Additional standards may apply to particular commercial cannabis uses, as established in other subsections of this section.

2. Applicability. Commercial cannabis uses shall be permitted only in compliance with the requirements of this section, state law and all other applicable requirements for the specific type of commercial cannabis use and those of the underlying base zone. In addition to the requirements of this section, commercial cannabis uses shall comply with all applicable state laws and regulations, including the California Environmental Quality Act (CEQA), and other applicable provisions of the City of Healdsburg’s general plan and municipal code. The terms used in this section are defined in HMC 20.28.310, except for those terms that are defined specifically in this section. Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to engage in any commercial cannabis use within the City without first having obtained from the City a valid commercial cannabis permit issued pursuant to the provisions of this section. Possession of other types of state or City permits or licenses does not exempt a person or entity from the requirement of obtaining a commercial cannabis permit under this section. Unless specific distinctions are made in subsequent subsections, these requirements shall apply equally to either adult use or medical cannabis activities.

3. Limitations on Use. A commercial cannabis use shall only be allowed if such use is in compliance with this section and all applicable provisions set forth and/or incorporated in the Healdsburg Municipal Code, including but not limited to building, plumbing, electrical, fire, hazardous materials, and public health and safety codes. A commercial cannabis use shall comply with all laws and regulations applicable to that type of commercial cannabis use, including all state cannabis laws, and shall comply with all permit, license, approval, inspection, reporting, and operational requirements of other public agencies having jurisdiction over that type of commercial cannabis use. The commercial cannabis use owner or manager shall provide copies of other agency and department permits, licenses, or certificates to the City of Healdsburg to serve as verification of such compliance.

4. Application Procedures and Requirements. The form and content of the commercial cannabis permit application, the procedures for submitting a commercial cannabis permit application, and the procedures for the issuance and/or denial of a commercial cannabis use permit shall be specified by the City Manager or their designee. In addition to any other disclosures, data, forms, recitals, assurances, agreements, or other information required by federal, state, or local law, applicants for a commercial cannabis permit shall provide the following information when submitting an application for a commercial cannabis permit:

a. Property Owner Consent. Commercial cannabis permits shall only be issued where written permission from the property owner and/or landlord is provided. The applicant shall provide evidence of such consent. The property owner and applicant, if other than the property owner, shall sign the application for the commercial cannabis permit, and shall include affidavits agreeing to abide by and conform to the conditions of the commercial cannabis permit and all provisions of the Healdsburg Municipal Code pertaining to the establishment and operation of the commercial cannabis use. The affidavit(s) shall acknowledge that the approval of the commercial cannabis permit shall, in no way, permit any activity contrary to the Healdsburg Municipal Code, or any activity which violates any applicable laws.

b. The name of the proposed commercial cannabis use, including, if applicable, the name on file with the California Secretary of State and any fictitious business names and/or DBAs. If the proposed commercial cannabis use is incorporated, the names, titles, addresses, and contact information of each corporate officer, the name, address, and contact information of the agent for service of process, a certified copy of the articles of incorporation, and a certified copy of the bylaws. If the proposed commercial cannabis use is a partnership, the names, addresses, and contact information for each partner and the agent for service of process.

c. The name, address, and contact information of each owner of the proposed commercial cannabis use. For purposes of this section, “owner” shall have the same meaning as the word “owner” set forth in California Business and Professions Code Section 26001(am) and California Code of Regulations Title 4, Division 19, Chapter 1, Article 1, Section 15003, which includes, for each applicable commercial cannabis use, any of the following: (1) a person with an aggregate ownership interest of 20 percent or more in the entity applying for a commercial cannabis permit, unless the interest is solely a security, lien, or encumbrance, or (2) an individual who manages, directs, or controls the operations of the commercial cannabis use, including but not limited to: (a) a member of the board of directors of a nonprofit; (b) a general partner of a commercial cannabis use that is organized as a partnership; (c) a nonmember manager or managing member of a commercial cannabis use that is organized as a limited liability company; (d) the trustee(s) and all persons who have control of the trust and/or the commercial cannabis use that is held in trust; and (e) the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.

d. For each applicant, owner, and manager, a criminal history (“LiveScan”), to include state and federal level checks, prepared not more than two weeks prior to the date of submitting the commercial cannabis permit application, demonstrating that there are no convictions or pending charges for a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance within the previous 10 years, and that the business owner is not currently on parole or probation for a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance. For each owner or manager who becomes part of a commercial cannabis use after a commercial cannabis permit is issued, the commercial cannabis use must submit the required criminal history showing the absence within the past 10 years of the offenses listed above to the City Manager or their designee within two weeks of the new owner or manager joining the commercial cannabis use. For purposes of this section, “manager” shall mean any person(s) designated by the commercial cannabis use to act as the representative or agent of the commercial cannabis use in managing day-to-day operations with corresponding liabilities and responsibilities, and/or the person in apparent charge of the premises where the commercial cannabis use is located; evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.

i. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere or no contest.

ii. A commercial cannabis use shall notify the police chief in writing of any disqualifying conviction described in this subsection (A)(4)(d) for an owner or manager within 10 days of the conviction or of any pending charges for offenses described in this subsection (A)(4)(d) for an owner or manager within 10 days of the filing of such charges by a prosecuting agency.

iii. A commercial cannabis use may submit to the police chief a written request for a waiver of the prohibition against the convictions specified in this subsection (A)(4)(d) with regard to a particular applicant, owner, or manager on the ground that such person’s involvement with the commercial cannabis use will not pose a threat to public safety. If the police chief determines that the requesting party has not submitted a preponderance of evidence to support the conclusion that there is no threat to public safety, the police chief shall deny the request, subject to the appeal procedures as set forth in Chapter 2.36 HMC. When responding to any request for a waiver under this section, and when determining whether a particular commercial cannabis activity with a particular applicant, owner, or manager will not pose a threat to public safety, the police chief will take into consideration: (A) employers are prohibited from using the types of “criminal history” documented in California Code of Regulations Title 2, Division 4.1, Chapter 5, Subchapter 2, Article 2, Section 11017; and (B) the California Department of Cannabis Control will deny a license based on convictions that are substantially related to the qualifications, functions, or duties of the business for which the application is made, including criteria set forth in California Code of Regulations Title 4, Division 19, Chapter 1, Article 3, Sections 15017 and 15035.

e. The name and contact information for each manager of a proposed commercial cannabis use. If such information is not available at the time the commercial cannabis permit application is submitted, the commercial cannabis permit applicant shall submit such information to the City Manager as soon as it becomes available.

f. The proposed type of commercial cannabis use.

g. The proposed location of the commercial cannabis use, demonstrating compliance with the zoning and locational restrictions applicable to that commercial cannabis use.

5. Compliance With County Health Regulations and Requirements. Commercial cannabis uses shall be subject to permit requirements and regulations, including inspections, established by the Sonoma County Department of Health Services under the direction of the County Health Officer, or any other individual designated by the County Health Officer to act on their behalf.

6. Development Standards.

a. Building Requirements. All structures used in commercial cannabis uses must comply with applicable building and fire code provisions as determined by the City’s building official and the fire department official, respectively. In addition, the site of the commercial cannabis use and all associated buildings must comply with all applicable sections of the Healdsburg Municipal Code, as determined by the community development director, prior to issuance of a commercial cannabis permit. Commercial cannabis uses that provide access to the public, including but not limited to employees, vendors, contractors, business partners, members, customers, or patients, shall meet local, state and federal requirements for accessibility, including accessible parking, paths of travel, seating, restrooms, and washing facilities. All facilities must be inspected by the City and fire department prior to issuance of a commercial cannabis permit.

b. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in operation and, where applicable, construction, to prevent the emission of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.

c. Hours of Operation. Hours of operation for commercial cannabis uses are established in sections below pertaining to each particular use category.

d. Operating Plan. All commercial cannabis uses shall submit as a part of the commercial cannabis permit application and thereafter maintain an operating plan that specifies the manner in which operations will be handled, and which details the number of employees and hours and days of operation. Any commercial cannabis use approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the facility is consistent with protection of the health, safety and welfare of the community, customers, qualified patients, and primary caregivers, and will not adversely affect surrounding uses. Any change to the operating plan must be approved in writing by the City Manager or their designee.

e. Odor Control. Devices and techniques shall be incorporated in all commercial cannabis uses to ensure that odors from cannabis are not detectable off site. Commercial cannabis uses shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, in any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis use. As such, commercial cannabis uses must install and maintain the following equipment or any other equipment which the building official or designee determines has the same or better effectiveness:

i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

ii. An air system that creates negative air pressure between the commercial cannabis use’s interior and exterior so that the odors generated inside the commercial cannabis use’s facility are not detectable on the outside of the facility.

f. Air Quality. A commercial cannabis permit applicant shall provide a calculation of the business’s anticipated emissions of air pollutants. The commercial cannabis permit applicant shall also provide assurance that the business will comply with all best management practices established by the Northern Sonoma County Air Pollution Control District (NSCAPCD). No commercial cannabis permit shall be issued to any business that would exceed the thresholds of significance established by the NSCAPCD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. After receiving a commercial cannabis permit from the City, a commercial cannabis use must not exceed the thresholds of significance established by the NSCAPCD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction.

g. Hazardous Materials. To the extent that a commercial cannabis permit applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances. After receiving a commercial cannabis permit for a commercial cannabis use that involves hazardous materials, the commercial cannabis use must comply at all times with its approved hazardous materials management plan.

h. Water Supply. If a proposed commercial cannabis use will occupy an existing building, the applicant shall demonstrate to the satisfaction of the City engineer and building official that water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the City Manager or their designee. If a proposed commercial cannabis use will occupy a newly constructed building, the proposed use and construction design shall include all necessary devices and processes to ensure water usage will not exceed an operation typical of the zone in which it is proposed. After receiving a commercial cannabis permit, the commercial cannabis use must ensure that its water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the City Manager or their designee.

i. Wastewater. A commercial cannabis permit applicant shall demonstrate to the satisfaction of the City engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed commercial cannabis use will result in agricultural or industrial discharges to the City’s wastewater system, the applicant shall provide a plan for meeting all federal, state, and local requirements for such discharges. After receiving a commercial cannabis permit, the commercial cannabis use must ensure that its wastewater discharge does not exceed that of the approved occupancy class without additional review and prior approval by the City Manager or their designee.

7. Permit Requirements. In addition to state permitting requirements and the requirements of this section, including the requirement of a commercial cannabis permit, commercial cannabis uses shall be subject to the cannabis permit requirements as shown in Table 10 of HMC 20.08.145, Table 12 of HMC 20.08.155, and Table 15 of HMC 20.08.195. In addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes. Any violations of the Healdsburg Municipal Code or any other local, state, or federal law pertaining to the structure or property to be used for the commercial cannabis use must be cured prior to issuance of a commercial cannabis permit. The City Manager or their designee may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this section. Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Healdsburg Municipal Code and any additional requirements established by other subsections of this section, resolutions or ordinances of the City Council or a vote of the citizens of Healdsburg. A City business license is required for commercial cannabis uses, pursuant to Chapter 5.04 HMC.

a. Issuance and Term of Permit. Except as provided in subsection (B) of this section pertaining to the approval process for a commercial cannabis permit for cannabis storefront retailers and cannabis microbusinesses, commercial cannabis permits shall be issued to the operator by the City Manager or their designee if the applicant has paid all applicable fees and the commercial cannabis permit application is complete, demonstrates compliance with all applicable federal, state, and local requirements, and includes the information required by this section to the satisfaction of the City Manager, City engineer, building official, or their designee as applicable. Each commercial cannabis permit approved under this section, including commercial cannabis permits for cannabis storefront retailers and cannabis microbusinesses approved under subsection (B) of this section, shall be valid for a period not to exceed three years from the date of permit approval and shall be subject to permit renewals, in accordance with subsection (A)(8) of this section. No property interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of a commercial cannabis permit holder. Commercial cannabis permits issued pursuant to this section are not transferable without prior City approval. Commercial cannabis permits may be issued with conditions. The City has no duty or obligation to issue commercial cannabis permits. The City may elect at any time to cease issuing commercial cannabis permits, including upon receiving credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

b. Operator/Permit Holder Qualifications. Owners of commercial cannabis permittees must be 21 years of age or older.

c. Priority. When processing permit applications for commercial cannabis uses other than cannabis storefront retailers and cannabis microbusinesses, priority may be given to applications based on a City Council-adopted applicant selection process.

d. Issues of Significant Public Interest. In considering an application under this section for a commercial cannabis permit, the City Manager or their designee’s review shall be limited to compliance with this section and applicable federal, state, or local laws and regulations. The City Manager or their designee may, however, determine that an application does not meet the requirements for a particular license and that the license may remain unissued due to a significant public interest. “Significant public interest” includes, but is not limited to, potential health or safety impacts, potential conflicts with neighboring uses, unique characteristics of the proposed site, unique characteristics of the proposed operations, and/or other factors that, in the City Manager’s or their designee’s discretion, warrant rejection of application(s).

e. Denial of Commercial Cannabis Permit. In addition to any other basis for denying a commercial cannabis permit set forth in this section, the City Manager or their designee may deny a commercial cannabis permit if the application contains any false or misleading statement or information, misrepresentation, or material omission or if the criminal history for any applicant, owner, or manager includes a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance within the previous 10 years.

8. Exercise and Renewal of Permit. Commercial cannabis permits shall be exercised only by the applicant and are not transferable to any other person or entity without prior written City approval. Permits shall expire upon termination of the business for which it was issued, or upon sale or unauthorized transfer of ownership of the cannabis commercial use. Any commercial cannabis permit that is abandoned for a period of six months shall automatically expire and shall become null and void with no further action required on the part of the City. For purposes of this section, “abandonment” shall mean the failure to initiate the activities described in the permit application or cessation of regular and continuous business operations. All commercial cannabis permits, including commercial cannabis permits for cannabis storefront retailers and microbusinesses, have a term of three years and must be renewed prior to expiration. A commercial cannabis use must apply for permit renewal no less than 60 days prior to the expiration of their current permit. Approval of permit renewals may be issued by the City Manager or their designee following demonstration by the operator/permittee of compliance with all requirements in effect. Review shall also include, but not be limited to, analyses of the following:

a. The commercial cannabis use has been conducted in accordance with this section and all applicable permit conditions, and all applicable state and local laws and regulations, and is in good standing with all state and local agencies.

b. Any and all code and/or commercial permit violations or complaints, including complaints related to nuisance activities, have been promptly addressed and cured to the satisfaction of the police chief and City Manager or their designee depending on the violation.

c. The commercial cannabis use for which the permit was approved has not been transferred without authorization to another owner or operator.

d. There are no outstanding violations of applicable laws, including the municipal code and state cannabis laws.

e. The business for which the permit was approved is current on all City taxes and fees due.

f. The application for renewal is complete, does not contain any false or misleading statement or information, misrepresentation, or material omission, and the criminal history for any owner or manager does not include a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance within the previous 10 years.

9. Health and Safety. Commercial cannabis uses shall not create a public nuisance of any kind or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

10. Taxes. Commercial cannabis uses shall timely remit payment of all applicable taxes that may be enacted by the voters, including Chapter 3.32 HMC, or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

11. Security. The following security measures shall be adhered to by all commercial cannabis uses. Additional security measures may apply to particular commercial cannabis uses, as established in this section.

a. A safety and security plan shall be required prior to permit issuance and shall be subject to review and approval by the City Manager or their designee. All safety and security plans shall be held in a confidential file exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Such plans shall include, at a minimum, information regarding implementation of the requirements of this section. The City Manager or their designee may require that additional information be included in the plan. Commercial cannabis permittees must adhere to the requirements of the approved safety and security plan at all times the commercial cannabis permit is active.

b. Security cameras shall be installed with capability to record activity on the property, including parking lots, entry points to the property, and within all buildings and structures on the property, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, apart from any restroom area. Security cameras shall record 24 hours a day, seven days a week. Additionally:

i. Areas where cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

ii. Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing, or labeling activities occur.

iii. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

iv. At each entrance and exit to the facility, camera coverage must enable recording of customer facial features with sufficient clarity to determine identity.

c. Surveillance video shall be kept for a minimum of 90 days in a format that can be easily accessed for viewing. Video must use standard industry format to support criminal investigations. Permit holders shall be required to cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request. Failure to do so could result in revocation of a commercial cannabis permit. Motion-sensor lighting and alarms shall be required and shall be professionally installed and monitored to ensure the safety of persons and to protect the premises from theft. Alarm and surveillance systems shall be equipped with a failure notification system that provides prompt notification to the commercial cannabis use of any prolonged surveillance interruption and/or failure of the system. The commercial cannabis use shall notify the Healdsburg police department within 24 hours of a failure of the surveillance video system. The commercial cannabis use shall restore the surveillance video system within a time period as determined by the Police Chief or their designee. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Permittees must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

d. A permittee shall maintain up-to-date and current records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the alarm installation company, and the name of any monitoring company. Off-site monitoring and video recording storage of the premises by the licensee or an independent third party is authorized if standards exercised at the remote location meet or exceed all standards for on-site monitoring.

e. All security measures installed on site shall have the capability to remain fully operational during a sustained power outage.

f. With the exceptions of weapons and firearms possessed by on-duty law enforcement officers, weapons and firearms are prohibited on the property of a commercial cannabis use.

g. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.

h. All structures used for commercial cannabis uses shall have locking doors, with commercial-grade nonresidential locks, to prevent free access.

i. Security measures shall prevent individuals from remaining on the premises of the commercial cannabis use if they are not engaging in activities expressly related to the operations of the business.

j. Security measures shall include a transportation plan that details the procedures established for the safe and secure transport of cannabis, cannabis products, and currency to and from the business, including the transfer of currency for City tax payments.

k. Except for live growing cannabis plants and products on display for sale at retail dispensaries during hours when the business is open to the public, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault that meets approval of the Healdsburg police department. To the fullest extent possible, all cannabis and cannabis products shall be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales.

l. Duress alarm buttons shall be installed in all commercial cannabis use facilities with easy access by employees and all employees shall be properly trained in their use.

m. Any security bars installed on the windows or the doors of the commercial cannabis use shall be installed only on the interior of the building.

n. Security personnel hired by the commercial cannabis use shall be subject to prior review and approval of the chief of police or their designee.

o. Each commercial cannabis use shall identify a liaison and provide the liaison’s contact information to the Healdsburg police department. The designated liaison shall be reasonably available to meet with the chief of police or their designee regarding security measures and operational issues.

12. Employees.

a. All employees of a commercial cannabis use must be 21 years of age or older.

b. Each commercial cannabis use shall maintain on site a current register of all the employees currently employed by the commercial cannabis use and shall produce such register to the chief of police, designee, or any other City official authorized to enforce the Healdsburg Municipal Code for purposes of determining compliance with this section.

13. Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

14. Tracking. Commercial cannabis uses and permittees shall comply with any track and trace program established by the City or by county or state agencies. Commercial cannabis uses must maintain records tracking all cannabis production and products and shall make all records related to the commercial cannabis use available to the City upon request. The City Manager or their designee may require commercial cannabis uses to comply with a county track and trace system if appropriate.

15. Police Notification. Commercial cannabis uses shall notify the Healdsburg police department within 24 hours of discovering any of the following:

a. Significant discrepancies identified during inventory. The level of significance shall be two percent of inventory or per state regulations, whichever is stricter.

b. Diversion, theft, or loss, or any criminal activity involving the commercial cannabis use or any agent or employee of the commercial cannabis use.

c. Any other breach of security.

16. Inspections. Commercial cannabis uses shall be subject to inspections by appropriate local and state agencies, including but not limited to the Departments of Health Services, Agriculture/Weights and Measures, and the City of Healdsburg. Commercial cannabis uses shall be inspected at random times for conformance with the Healdsburg Municipal Code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may request that the City temporarily suspend the permit and order the cannabis operation to immediately cease operations.

17. Restriction on Alcohol Sales. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis use. This section shall not apply to responsible after-hours consumption by employees which does not violate any state or local law or regulation. After-hours consumption, however, is not permitted at any cannabis retail dispensary or microbusiness.

18. Appeal of Decision on Commercial Cannabis Permit. Within 10 days of a decision by the City Manager or their designee to approve or disapprove a commercial cannabis permit application for a commercial cannabis use other than a cannabis storefront retailer or cannabis microbusiness, or a decision by the City Manager or their designee to approve or deny a commercial cannabis permit renewal application, an applicant or interested party may appeal the approval or disapproval by following the procedures for appeals set forth in Chapter 2.36 HMC. The appeal hearing shall be set and conducted in accordance with Chapter 2.36 HMC.

19. Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this section shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this section shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Healdsburg, the Healdsburg City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “City”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, City attorney or staff time, expenses or costs) (collectively called “action”) against the City to attack, set aside, void or annul any cannabis related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the commercial cannabis permittee shall reimburse the City for its reasonable legal costs and attorneys’ fees. Permittees under this section shall be required to agree to the above obligations in writing.

B. Standards for Cannabis Storefront Retailers and Cannabis Microbusinesses.

1. Purpose. This subsection provides the locational, operational, and permit standards for any commercial cannabis storefront retailers and cannabis microbusinesses within the City in order to promote the health, safety, and general welfare of its residents and businesses. The standards in this subsection shall be in addition to standards contained in subsection (A) of this section (Standards for All Commercial Cannabis Uses) for all commercial cannabis uses.

2. Applicability. Commercial cannabis storefront retailers and cannabis microbusinesses with retail activity (collectively, a “retail dispensary,” “retail dispensaries,” “cannabis retail dispensary,” or “cannabis retail dispensaries”) shall be permitted only in compliance with the requirements of this subsection (B), all other applicable requirements of subsection (A) of this section (Standards for All Commercial Cannabis Uses), and all other applicable requirements of the Healdsburg Municipal Code, including Chapter 3.32 HMC (Cannabis Business Tax), and state and county agencies. The regulations and requirements of this subsection (B) do not apply to nonstorefront cannabis retailers that only engage in the retail sale by delivery of medicinal cannabis to qualified patients and primary caregivers, which are addressed under subsection (D) of this section (Standards for Nonstorefront Commercial Medicinal Cannabis Retailers).

3. Permit Requirements and Application Procedure. A commercial cannabis permit, issued in addition to any applicable permit issued by the Sonoma County Department of Health Services, shall be required to operate a cannabis retail dispensary within the City of Healdsburg. Cannabis retail dispensaries shall also be subject to permit requirements and regulations established by the state and those established by the City Council through resolution or ordinance, or by a vote of the citizens of Healdsburg. Commercial cannabis permits for retail dispensaries shall be considered and issued according to the following procedure:

a. The City Council, following an open application period and review of applications by City staff and recommendations by the City Manager or designee, shall consider commercial cannabis permit applications for retail dispensaries meeting all minimum qualifications at a properly noticed public hearing and, in its sole discretion, may approve the issuance of commercial cannabis permits for retail dispensaries.

b. The City Manager or their designee may adopt such forms, fees, and procedures as are necessary to implement this subsection with respect to the selection, investigation process, renewal, revocation, and suspension of commercial cannabis permits for retail dispensaries. Such procedures may include a priority ranking system, and appointment of a staff review panel for retail dispensary permits.

c. Each approved commercial cannabis permit for a retail dispensary shall be valid for a period not to exceed three years from the date of permit issuance and shall be subject to permit renewals in accordance with subsection (A)(8) of this section.

4. Limit on Number of Retail Dispensaries. No more than two retail dispensaries shall be permitted within the City at any one time. All facilities authorized under this subsection must maintain a storefront which is open to the public. This limit is inclusive of cannabis microbusinesses with a Type 12 state license operating a retail dispensary.

5. Specific to Cannabis Microbusinesses. Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to all commercial cannabis permit procedures and requirements for cannabis retail dispensaries under this section. Any commercial cannabis permit issued to a Type 12 microbusiness with a manufacturing component will also be subject to the applicable requirements of subsection (C) of this section (Standards for Manufacturing, Testing, Storage, and Distribution of Commercial Cannabis). Cultivation shall not be an allowed component of a Type 12 microbusiness license.

6. Location Requirements. Unless otherwise allowed under state law and as modified by this subsection:

a. A retail dispensary which is open to the public may only be located within the allowed zoning district(s) under Table 10 of HMC 20.08.145, Table 12 of HMC 20.08.155, and Table 15 of HMC 20.08.195.

b. A retail dispensary shall not be established on any parcel containing a dwelling unit, or immediately abutting (sharing a common property line with) a residential zoning district. Residentially zoned does not include mixed-use zoning for purposes of this section.

c. A retail dispensary shall not be established within 500 feet from any youth-oriented property.

d. A retail dispensary shall not be established within 250 feet of any public park (with the exception of West Plaza Park and 3 North Street), public playground, or public library.

e. The distances listed above shall be measured between the nearest entrance (ingress/egress to commercial cannabis establishment, e.g., front door/public entry or service door) of the retail dispensary and the nearest property line of the parcel(s) on which the youth-oriented property, public park, public playground, or public library is located, along the shortest route intended and available for public passage (any public road, street, or highway, including footpaths and bicycle paths, or other route provided for the passage of people).

7. Operating Standards. In addition to standards contained in subsection (A) of this section (Standards for All Commercial Cannabis Uses), the following are the minimum development criteria and operational standards applicable to any cannabis retail dispensary:

a. The building in which the retail dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements.

b. The retail dispensary shall provide adequate security on the premises pursuant to subsection (A)(11) of this section, and any additional requirements in this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. The applicant shall submit a safety and security plan for review and approval by the Healdsburg police department. The safety and security plan will remain confidential.

c. The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to all underlying zoning requirements, director review, and approval. The community development director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting, and landscaping, already meet the requirements of this section.

d. No exterior signage or symbols shall be displayed which advertise the availability of cannabis using drug-related symbols which are attractive to minors or which are carried out in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior.

e. No person shall be allowed onto the premises of a retail dispensary unless they are an employee, customer, vendor or contractor of the retail dispensary, primary caregiver, qualified patient, or employee of an agency having jurisdiction to monitor or investigate the terms of regulatory compliance by the retail dispensary. If the retailer dispensary denies entry for monitoring and inspection to any employee of an agency having such jurisdiction, the facility may be closed and the commercial cannabis permit may be revoked, modified, or suspended. In strict accordance with California Health and Safety Code Section 11362.5 et seq., no person under the age of 18 shall be allowed on a medical cannabis retail site unless allowed under state law, and no person under the age of 21 shall be allowed on a nonmedical cannabis retail site pursuant to California Business and Professions Code Section 26140. All persons entering the site, except those representing a regulatory agency, shall present a photo identification. A doctor’s recommendation shall not be required for customers of a nonmedical cannabis retail dispensary. The operating plan submitted as a part of the commercial cannabis permit application shall specify how this provision will be complied with and enforced.

f. No retail dispensary shall hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises of a retail dispensary.

g. No cannabis retail dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the commercial cannabis permit. A retail dispensary may sell live starter (immature) plants, clones, and seeds from qualified nurseries, but shall not cultivate or clone cannabis. A retail dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the Department of Health Services. Not more than five percent of the retail dispensary area, up to a maximum of 200 square feet, may be devoted to the sale of incidental goods for personal cannabis cultivation and use or promotional items such as clothing, hats, or posters.

h. No cannabis shall be consumed on the premises of a retail dispensary. For purposes of complying with this requirement, the term “premises” includes the physical building and leasehold space, as well as any accessory structures, parking areas, sidewalks, driveways, or other immediate surroundings.

i. No retail dispensary may increase in size without amending its commercial cannabis permit, as applicable. The size limitation shall be included in the operational plan required by subsection (A)(6)(d) of this section.

j. A retail dispensary shall not have a physician on site to evaluate patients for medical cannabis.

k. Parking required by Chapter 20.16 HMC, Article VIII, shall be provided on site.

l. Retail dispensaries’ operating hours shall be limited to Monday through Sunday, 9:00 a.m. to 9:00 p.m.

m. If the permittee holds a Type 12 microbusiness license, manufacturing hours shall be established and approved through the commercial cannabis permit process. Retail hours for a Type 12 microbusiness shall be limited to Monday through Sunday, 9:00 a.m. to 9:00 p.m.

n. Delivery. Delivery of cannabis is allowed by retail dispensaries. Delivery functions must be included in the commercial cannabis permit application and approved as a discrete function. Delivery functions shall be in conformance with state cannabis laws and all of the following:

i. Deliveries can only be conducted between the hours of 9:00 a.m. to 9:00 p.m.

ii. Deliveries shall be made by an employee of the licensed retail dispensary and said employee shall carry with him/her at all times a physical copy of the City commercial cannabis permit and business license and state cannabis license.

o. Record Keeping. A retail dispensary shall maintain records in accordance with the state and local requirements of its license type. The retail dispensary shall keep accurate records, follow accepted cash handling practices, and maintain a general ledger of cash transactions. The retail dispensary shall allow the City to access the books, records, accounts, and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the municipal code, administrative regulations, conditions of approval, and applicable laws. Books, records, accounts, and all relevant data shall be produced no later than 24 hours after receipt of the City’s request.

p. Required Signage. The following signs, in measurements of not less than eight by 10 inches, shall be clearly and legibly posted in a conspicuous location inside the retail dispensary where they will be visible to customers in the normal course of a transaction, stating:

i. “The dispensing of cannabis without a state license is illegal.”

ii. “Use or consumption of cannabis on this premises or property is prohibited.”

iii. For retail dispensaries: “All visitors to this premises must be at least 21 years of age, or, at least 18 years of age and able to show a government issued medical cannabis ID card in accordance with California Health and Safety Code Section 11362.7 et seq.”

C. Standards for Manufacturing, Testing, Storage, and Distribution of Commercial Cannabis.

1. Permits for commercial manufacturing, testing, storage, and distribution of cannabis shall be issued by the City Manager or their designee according to the requirements of subsection (A)(7) of this section and this subsection (C) and may include conditions of approval.

2. Additional Operating Standards. In addition to the requirements of subsection (A) of this section, any base zone requirements, and all state cannabis laws and regulations, commercial cannabis uses permitted under this subsection shall also comply with the following operational standards:

a. Facilities shall not be open to the general public.

b. Extraction Processes. Cannabis manufacturers shall utilize only extraction processes that are (i) solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act, and/or (ii) use solvents exclusively within a closed loop system that meets the requirements of the federal Food, Drug and Cosmetic Act, including use of authorized solvents only, the prevention of off-gassing, and certification by a California licensed engineer.

c. No closed loop systems shall be utilized without prior inspection and approval of the City’s building and fire code officials.

d. Standard of Equipment. Extraction equipment used by the manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the City’s building and fire code officials.

e. Annual Recertification Required. Extraction equipment used by the manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on site.

f. Food Handler Certification. All owners, employees, volunteers, or other individuals who participate in the production of edible cannabis products must be state certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the manufacturer’s facility where that individual participates in the production of edible cannabis products.

g. Edible Product Manufacturing. Commercial cannabis uses that sell or manufacture edible medicinal cannabis products shall obtain a Sonoma County health permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq. and Sonoma County health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices, and delineate acceptable levels of sanitation for preparation of edible products.

h. Operating hours shall be subject to permit.

3. Permit Requirements and Restrictions. The following limits on permits for commercial cannabis uses engaging in manufacturing, testing, storage, and distribution of commercial cannabis apply:

a. Permits may be issued among the allowable types identified in Table 15 of HMC 20.08.195. Permittees who obtain state licenses for both adult (recreational) and medical uses for the same premises shall require one commercial cannabis permit from the City.

b. No facility permitted under this subsection shall be located on any parcel containing a dwelling unit, nor within 500 feet of any youth-oriented property, or immediately abutting (sharing a common property line with) a residential zoning district.

c. The distances listed above shall be measured between the nearest entrance (ingress/egress to commercial cannabis establishment, e.g., front door/public entry or service door) of the commercial cannabis use and the nearest property line of the parcel(s) on which the youth-oriented property is located, along the shortest route intended and available for public passage (any public road, street, or highway, including footpaths and bicycle paths, or other route provided for the passage of people).

4. Manufacturing shall be subject to any additional permitting and inspection requirements of the Sonoma County health official, per subsection (A)(5) of this section.

D. Standards for Nonstorefront Commercial Medicinal Cannabis Retailers.

1. Purpose. This subsection provides the locational, operational, and permit standards for any nonstorefront commercial medicinal cannabis retailer within the City in order to promote the health, safety, and general welfare of its residents and businesses.

2. Permits for nonstorefront commercial medicinal cannabis retailers shall be issued by the City Manager or their designee according to the requirements of subsection (A)(7) of this section. A nonstorefront commercial medicinal cannabis retailer that engages only in the retail sale by delivery of medicinal cannabis to qualified patients and primary caregivers shall comply with the following requirements and regulations:

a. The deliveries must be conducted in accordance with any relevant state cannabis laws, this municipal code, any applicable local laws in the delivery location, and any conditions imposed upon the permittee.

b. The nonstorefront commercial medicinal cannabis retailer must keep in place standard operating procedures that ensure the safety and security of those individuals engaging in delivery and the security of all cannabis being delivered, including procedures to prevent diversion.

c. Upon arrival at the delivery address and prior to transferring any cannabis or cannabis products, the delivery person must verify and confirm that the identity of the recipient is the same as the person who requested the delivery and that the person is either a qualified patient or primary caregiver.

d. A nonstorefront commercial medicinal cannabis retailer shall report to the City and local law enforcement any vehicle accidents, diversions, losses, or other reportable incidents such as thefts or suspicious activity, that occur during transportation and delivery, within 24 hours.

e. The delivery person shall keep a delivery manifest that includes the following information:

i. All cannabis that will be transported, accurately inventoried;

ii. Departure date and approximate time of departure;

iii. Arrival date and approximate time of arrival;

iv. Name, address, and local license number of the originating nonstorefront commercial cannabis medicinal retailer;

v. Name and address of the individual requesting the delivery;

vi. Delivery vehicle make, model, and license plate number; and

vii. Name and signature of the individual transporting the cannabis.

f. A nonstorefront commercial medicinal cannabis retailer must at all times maintain any and all state licenses required by state cannabis laws.

3. Permit Requirements and Restrictions. The following limits on permits for a nonstorefront commercial medicinal cannabis retailer apply:

a. Permits may be issued among the allowable types identified in Table 15 of HMC 20.08.195.

E. Enforcement.

1. Public Nuisance. The violation of this section, any regulation promulgated under this section, and the condition of any permit issued under this section is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Chapter 1.12 HMC.

2. The provisions of this section, any regulation promulgated under this section, and the condition of any permit issued under this section may be enforced by the City by any means provided for in Chapter 1.12 HMC in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law. Violations of this section, any regulation promulgated under this section, and the condition of any permit issued under this section are punishable as misdemeanors. Each day of engaging in any of the prohibited activities shall constitute a separate offense.

3. In addition to any other remedies available to the City under the law, the City may revoke, modify, or suspend any commercial cannabis permit, following notice and opportunity for a hearing, based on any one of, or combination of, the conditions set forth below:

a. A permittee ceases to meet any of the minimum qualifications listed in this section or has failed to comply with the requirements of this section or any conditions of approval of the permit.

b. A permittee’s state license for the commercial cannabis use is revoked, terminated, suspended, or not renewed. In the case of a suspension, the City shall not reinstate the commercial cannabis permit until documentation is received showing that the state license is eligible to be reinstated or reissued. It shall be within the City’s discretion whether to reinstate any permit.

c. The commercial cannabis use has not been in regular and continuous operation for six consecutive months.

d. State law permitting the commercial cannabis use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

e. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification.

f. The permit was granted or renewed, in whole or in part, on the basis of a misrepresentation or material omission in the permit or renewal application, or the permittee made a misrepresentation or material omission in any submittal required after the issuance of the commercial cannabis permit.

g. The permittee is not current on City taxes or fees.

h. The permittee has violated the Municipal Code, this section, any regulation promulgated under this section, and/or any condition of a commercial cannabis permit issued under this section, and/or has otherwise created a public nuisance pursuant to Civil Code Sections 3479 and 3480.

4. The following procedures apply to the revocation, modification, or suspension of a commercial cannabis permit:

a. If, as the result of an investigation, the City determines that one or more of the conditions contained in subsection (E)(3) of this section applies to a commercial cannabis permit granted in accordance with the provisions of this section, the City Manager shall schedule a public hearing before the City Council to consider the revocation, modification, or suspension of the commercial cannabis permit.

b. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:

i. The owner of the property for which the commercial cannabis permit was granted;

ii. The person or entity to which the commercial cannabis permit was issued, as reflected on the permit and permit application; and

iii. Any person or entity who has been identified as an owner of the commercial cannabis use that is subject to the proposed commercial cannabis permit revocation, modification, or suspension.

c. Such notice shall be provided by registered mail, postage prepaid, return receipt requested, not less than 10 days prior to the date of such hearing. Notice may also be posted at the entrance to the commercial cannabis use that is subject to the proposed commercial cannabis permit revocation, modification, or suspension.

d. At the public hearing, each party shall have the right to call and examine witnesses and introduce exhibits. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The City Council has the right to ask questions and the discretion to exclude evidence if its tendency to prove or disprove an issue is substantially outweighed by the likelihood that its admission will not assist in proving or clarifying a material issue or consume an undue amount of time. Evidence offered during the hearing must be credible and relevant in the estimation of the City Council, but formal rules governing the presentation and consideration of evidence shall not apply. Evidence presented by staff or other officials of the City tending to support an administrative decision shall constitute prima facie evidence that the decision was justified. The burden of proof shall then be on the aggrieved party or other affected person challenging the decision to refute such evidence. The standard to be applied for meeting this burden shall be a preponderance of evidence.

e. Following a public hearing, the City Council may revoke, modify, or suspend the commercial cannabis permit after finding one or more of the conditions set forth in subsection (E)(3) of this section.

5. The election of any particular enforcement remedy shall in no way act as a waiver of the pursuit of any other available enforcement remedy. The City may pursue any enforcement remedy, or combination of enforcement remedies, permitted by law to achieve compliance with this section, any regulation promulgated under this section, and the condition of any permit issued under this section. (Ord. 1227 § 6, 2023)

20.20.100 Cannabis cultivation, possession and use

The provisions of this section are established to permit medical and nonmedical cannabis use and cultivation by individuals meeting the specific requirements of qualified caregiver, patient, or adult individual over 21 years of age, for purposes of medical and nonmedical use of cannabis in compliance with state law; to establish reasonable limits on the cultivation, distribution, sale and use, possession and growth of marijuana for medical and nonmedical purposes within the City of Healdsburg; to protect children, residents and visitors and the environment from potential dangers; and to prohibit commercial cannabis cultivation businesses within the City cannabis for medical purposes by a qualified caregiver or patient, or adult nonmedical user, as defined by state law and subject to the provisions established herein.

A. Definitions. As used herein, the following definitions shall apply:

Cannabis nursery. A facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

City. The City of Healdsburg.

Fully enclosed and secure structure. A space within a dwelling unit that complies with the California Building Code, as adopted in the City (“CBC”); or, if exempt from the permit requirements of the CBC, an accessory structure, on a lot or site containing a dwelling unit, having a complete roof and enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. In order to qualify as a fully enclosed and secure structure, the walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, are not considered solid materials.

Indoors. Within a private residence or a fully enclosed and secure structure on the grounds of a private residence.

Medical cannabis cultivation. Cultivation of cannabis by a qualified patient or primary caregiver cultivated outdoors in conformance with this section.

Mixed-light. The cultivation of cannabis using a combination of natural and supplemental artificial lighting.

Nonmedical cannabis. Cannabis that is intended to be used for nonmedical and/or recreational purposes pursuant to California Health and Safety Code Section 11362.1 et seq., as those sections may be amended from time to time.

Nonmedical cannabis cultivation. Cultivation of cannabis that is intended to be used for nonmedical and/or recreational purposes pursuant to California Health and Safety Code Section 11362.1 et seq., as those sections may be amended from time to time.

Outdoor. Any location within the City, on private grounds, that is exposed to the open air not within an enclosed and secure residential structure or private residence.

Private residence. A house, an apartment unit, a mobile home, or other similar dwelling unit.

Property. A parcel of land upon which is built or placed a private residence.

Solid fence. A fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.

B. Cultivation, Possession and Use of Cannabis.

1. Outdoor Cultivation. Cultivation of cannabis is prohibited in all zoning districts of the City, except when such cultivation occurs on property with a private residence and in accordance with the following reasonable regulations:

a. Nonmedical Outdoor Cultivation Prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any lot or site within any zoning district in the City of Healdsburg to cause or allow such lot or site to be used for the outdoor cultivation of cannabis plants for nonmedical (recreational) use.

b. Medical Outdoor Cultivation Restricted. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property including any lot or site, building, shed, or accessory structure within any zoning district in the City of Healdsburg to cause or allow such lot or site property to be used for the outdoor cultivation of more than three cannabis plants by a primary caregiver or a qualified patient as defined in Health and Safety Code Section 11362.7, as amended.

2. Indoor Cultivation. Indoor cultivation of cannabis is prohibited in all zoning districts of the City, except when such cultivation occurs on property with a private residence and in accordance with the following reasonable regulations:

a. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any dwelling unit within any zoning district in the City of Healdsburg to cause or allow for the indoor cultivation of more than six cannabis plants.

b. The limit of six plants per residence for nonmedical cannabis cultivation shall apply regardless of how many adult individuals reside at the private residence.

c. Indoor cultivation may only occur within a private residence or fully enclosed and secure private residential structure. Attached and detached garages designed and intended primarily for the use of vehicle parking are not considered private residences or fully enclosed and secure structures and may not be used for the cultivation of cannabis. Indoor cultivation may only occur in a locked space that is not visible by normal unaided vision from a public place.

3. Restriction on Location of Cultivation. No cannabis cultivation or storage of cannabis products or preparation of cannabis products, whether indoor, outdoor, or through use of “mixed-light,” is permitted within any nonresidential structure, or within 300 feet of any hospital, school, church, park or playground, child care center, recreation center or youth center. The distance between any cannabis cultivation and any hospital, school, church, park or playground, child care center, recreation center or youth center shall be measured in a straight line, without regard to intervening structures, from (a) with regard to outdoor cultivation, the closest property line of the lot or site on which the outdoor cultivation is occurring and (b) with regard to indoor cultivation, the closest exterior wall of the fully enclosed and secure structure in which the indoor cultivation is occurring, to the closest property line of the lot or site containing the hospital, school, church, park or playground, child care center, recreation center or youth center. This restriction does not apply to indoor cultivation within a private residence that complies with the terms and restrictions on indoor cultivation as set forth in this section.

4. Restriction on Possession or Use.

a. It shall be unlawful for any individuals under 21 years of age to possess, process, transport, purchase, obtain or give away cannabis or cannabis products.

b. Individuals 21 years of age or older may possess, process, transport, purchase, obtain or give away 28.5 grams (approximately one ounce) or less of nonconcentrated cannabis and eight grams or less of concentrated cannabis, subject to compliance with all provisions of this section and all provisions of state law, as may be amended.

c. Smoking or ingesting of marijuana shall not be permitted within any public place within the City of Healdsburg, or within 1,000 feet of a school or in any location where tobacco is prohibited.

d. It shall be unlawful for any individuals to possess, process, purchase, obtain, store, and/or prepare cannabis or cannabis products intended for smoking or consumption within the City except in strict compliance with the provisions of this section.

C. Standards for Indoor and Outdoor Cultivation of Cannabis.

1. An adult user, qualified patient or primary caregiver shall reside in the dwelling unit on the lot or site upon which cannabis is being cultivated and such dwelling unit must be the adult user’s, qualified patient’s or primary caregiver’s primary place of residence. No person other than an individual over 21 years of age may engage in the cultivation of nonmedical cannabis.

2. If the cultivation occurs in a dwelling unit, the dwelling unit shall retain at all times legal and functioning cooking, sleeping and sanitation facilities with proper egress.

3. Cannabis cultivation is permitted only on a lot or site with a dwelling unit. The primary purpose of the property on which the nonmedical cultivation occurs shall be as a private residence.

4. Outdoor cannabis plants shall be located a minimum of five feet from property lines.

5. Outdoor cannabis plants shall be located only in the rear yard of a lot or site.

6. Outdoor cannabis plants are not permitted to be located in front yards of a lot or site.

7. Outdoor cannabis plants are limited to a maximum height of six feet above grade.

8. Indoor grow lights shall not exceed 1,200 watts and comply with the California Building, Electrical, Plumbing and Fire Codes as adopted by the City. Gas products (CO2, butane, propane, natural gas, etc.) or generators may not be used indoors.

9. The residence or fully enclosed and secure permitted structure used for the cultivation of cannabis must install a filtered ventilation system that will prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Mechanical Code Section 402.3, Mechanical Ventilation, as amended. The filtered ventilation system must be approved by the building official and installed prior to commencing cultivation.

10. A fully enclosed and secure residential accessory structure used for the cultivation of nonmedical cannabis shall be located in the rear yard area of the property and must maintain a minimum 10-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height.

11. Volatile solvents as defined in State Health and Safety Code Section 11362.3(d) or generators are strictly prohibited and may not be used for the cultivation, manufacturing or processing of cannabis.

12. A portable fire extinguisher, that complies with the regulations and standards adopted by the California State Fire Marshal and other applicable law, shall be kept in the area of cultivation at all times in a location that is easily accessible.

13. The private residence or the fully enclosed and secure structure shall comply with all provisions of California Building Standards Code (Title 24, California Code of Regulations) as adopted and amended by the City of Healdsburg.

14. Adequate mechanical locking or electronic security systems must be installed to ensure the indoor nonmedical cannabis cultivation is secure from the entry or access of any person under 21 years of age and from theft or vandalism, prior to the commencement of indoor nonmedical cultivation.

15. Indoor cultivation of marijuana shall only take place on impervious surfaces.

16. From a public right-of-way, there shall be no exterior evidence of nonmedical cannabis cultivation occurring on the property.

17. Public Nuisance Prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any lot, site, dwelling unit, and/or fully enclosed and secure structure within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, (b) repeated responses to the parcel from law enforcement officers, (c) repeated disruption to the free passage of persons or vehicles in the neighborhood, (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or (e) any other impacts on the neighborhood which are disruptive of normal activity in the area.

18. Nothing herein shall be construed or interpreted to amend, repeal, affect, or restrict the ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under this section.

D. Prohibited Activities and Uses. The following activities and uses are prohibited within the City of Healdsburg:

1. Mixed-light cultivation of cannabis (e.g., state-licensed cultivation sites).

2. Cannabis nurseries.

3. “Tasting room” type facilities, including but not limited to the offering or providing of free samples of cannabis at a retail facility.

E. Enforcement.

1. Public Nuisance. The violation of this section is hereby declared to be a public nuisance and may be enforced pursuant to the provisions of Chapter 1.12 HMC.

2. Seizure and Destruction of Cannabis. Except as otherwise expressly stated in this section, all cannabis seized by the City police in the enforcement of this article shall be seized, retained and destroyed in the same manner and subject to the same procedures as are provided in California Health and Safety Code Sections 11472 through 11479, for cannabis possessed in violation of Division 10 of the Health and Safety Code. The requirements in Health and Safety Code Section 11479(b), prescribing the conditions that must be satisfied before seized cannabis may be destroyed without a court order, as applied by this section, are revised as follows:

Photographs have been taken which reasonably depict the total number of mature and immature plants to be destroyed and the location where they were growing immediately prior to their seizure.

3. Right of Entry. The code enforcement officer, building official, planning director, chief of police, fire inspector, or a designee is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this section. Reasonable advance notice of any such entry and inspection shall be provided and, before entry, consent shall be obtained in writing from the owner or other person in lawful possession of the property. If consent cannot for any reason be obtained, an inspection warrant shall be obtained from a court of law prior to any such entry and inspection. In those cases where consent is denied, the City may seek to recover the costs it incurs in obtaining a warrant from the property owner and/or person in lawful possession of the property.

4. Abatement. The City attorney, in the name of and on behalf of the City and/or the people of the City, may bring a civil action in a court of competent jurisdiction to enforce any provision of this section, or to restrain or abate any violation of the provisions of this section as a public nuisance pursuant to the procedures set forth in Chapter 1.12 HMC.

5. Violation. Cultivation of cannabis that does not comply with this section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided in Chapter 20.04 HMC.

6. Penalties Not Exclusive. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this section or to abate a public nuisance.

F. Liability. The provisions of this section shall not be construed to protect the property owner(s) of record for property associated with the cultivation of cannabis, or their lessees, tenants or participants in the cultivation of cannabis, from prosecution pursuant to any laws that prohibit the cultivation, sale and/or possession of cannabis. In particular, the possession or cultivation of cannabis remains illegal under any circumstances pursuant to the laws of the United States, and this section is not intended to protect the above-described persons from arrest or prosecution pursuant to the laws of the United States. The property owner(s) of record for property associated with the cultivation of cannabis, or their lessees, tenants and other participants in the cultivation of cannabis, assume any and all risk and all liability that may arise or result under state and federal criminal laws from the cultivation of cannabis. (Ord. 1227 § 7, 2023; Ord. 1165 § 2, 2017; Ord. 1137 § 2, 2014.)

20.20.105 Firearm sales

A. Purpose. The purpose of this section is to regulate all firearm sales, as defined below, to provide for the appropriate location and ensure that the use does not have a negative impact on the surrounding neighborhood and is operated in a safe and secure manner.

B. Definitions. As used herein, the following definitions shall apply:

Firearm. A gun, pistol, revolver, rifle, shotgun, BB gun, airgun, pellet gun, or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of gas. “Firearm” also means any other such device as defined by the California Penal Code.

Firearm dealer. Any person, business, corporation, association, organization or other entity engaged in the business of selling, leasing, transferring, advertising, offering, or exposing for sale any firearm at a location where the floor area used for the sales, display, or storage of firearms exceeds five percent of the gross floor area of the business location.

Firearm sales. Any and all sale or commercial distribution of a firearm within the City including but not limited to sale or commercial distribution at a sporting goods store; hardware store, paint store, wallpaper store; or firearm dealer.

Hardware store, paint and wallpaper stores, with firearm sales. A business, corporation, association, organization or other entity engaged in the business of selling, leasing, transferring, advertising, offering, or exposing for sale any firearm at a location where the floor area used for the sales, display, or storage of firearms does not exceed five percent of the gross floor area of a bona fide hardware store that sells a full range of non-firearm related hardware items. The floor area used for gun sales and related activities must be contiguous, meaning that the floor area devoted to firearm sales and related activities may not be dispersed throughout the location. Firearm sales must be accessory to the hardware, paint or wallpaper sales.

Sporting goods sales, with rental as an accessory use, with firearm sales. A business, corporation, association, organization or other entity engaged in the business of selling, leasing, transferring, advertising, offering, or exposing for sale any firearm at a location where the floor area used for the sales, display, or storage of firearms does not exceed five percent of the gross floor area of a bona fide sporting goods store selling a full range of non-firearm related sporting goods. The floor area used for gun sales must be contiguous, meaning that floor area devoted to firearm sales and related activities may not be dispersed throughout the location. Firearm sales must be accessory to the sporting goods sales.

C. Conditional Use Permit Requirement.

1. All firearm sales require the approval of a conditional use permit.

2. The application and procedure for the conditional use permit, including notice and hearing requirements, shall be as set forth in Article V of Chapter 20.28 HMC (Administration).

3. The planning and building director may refer the application to other City departments to determine whether the premises where firearm sales will occur complies with the City’s building, health, zoning and fire ordinances, and any other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

4. Grounds for Conditional Use Approval, Denial or Revocation.

a. In addition to making those findings required for issuance of a CUP as set forth in HMC 20.28.165, the planning commission shall consider the following factors in determining whether to grant or deny a conditional use permit:

i. Whether the applicant has received all required federal and state permits, and the local firearms sales permit from the Healdsburg chief of police;

ii. Whether the proposed location complies with the requirements of this section;

iii. Whether the proposed use is appropriate for its location considering the character and uses of the surrounding neighborhood;

iv. Will the proposed use adversely affect the welfare of the area residents; and

v. Whether the proposed use would be in conflict with any provision contained in this section.

5. Conditional Use Permit Conditions. The planning and building director may recommend that the firearm sales conditional use permit include any conditions necessary to ensure compliance with the provisions of this section and other sections of the HMC, as well as to ensure the public health, safety, and welfare, including but not limited to:

a. A condition that the applicant maintain specified security measures on the premises of the location. Bars on the windows are not permitted unless approved by design review.

b. A condition that the applicant maintain all required federal, state and local licenses and permits, including the permit from the Healdsburg chief of police described in HMC 9.16.050.

c. A condition that the applicant provide regular documentation showing compliance with the provisions in this section.

d. A condition that firearms and ammunition, at all times, whether on display or in storage, be maintained in a secured and locked location so that access is controlled solely by the dealer or employee, to the exclusion of others.

e. A condition that storage of ammunition and other firearms-related merchandise classified by the California Code of Regulations Title 24, Part 9, California Fire Code, as amended by the City of Healdsburg, as “hazardous materials” shall be subject to the approval of the fire chief or his or her designee.

6. In addition to the above, any conditional use permit issued to an applicant to establish firearms sales operating as an accessory use to a sporting goods or hardware store shall include a condition requiring that firearm sales, display and storage do not exceed five percent of the floor area of the business location.

D. Location.

1. Firearm sales are only allowed in the zoning districts that list “firearm dealers,” “hardware, paint and wallpaper stores, with firearm sales,” or “sporting goods sales, with rental as an accessory use, with firearm sales” in the use table for that zoning district.

2. No firearm sales shall be located within 500 feet of the following:

a. Churches, chapels, and similar places of worship;

b. Schools, libraries, youth centers, and commercial day care establishments;

c. Parks (as used herein, the Foss Creek Pathway shall not be considered a park); or

d. Another location with firearm sales.

3. For the purposes of this section, all distances shall be measured in a straight line, without regard for intervening structures, roads, railroads, or natural features, from the nearest property line on which the firearm sales use is located to the nearest property line of any use listed above. (Ord. 1179 § 5, 2018.)

20.20.110 Temporary use permits (TUP)

A. Purpose. This section establishes procedures for the granting of minor and major temporary use permits for certain nonrecurring, specific duration activities not otherwise permitted by the Land Use Code. A minor or major temporary use permit may allow for the temporary utilization of a privately owned property for a special, unique, or limited duration of use that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. The issuance of a minor or major temporary use permit does not confer any land use entitlement or property right to the holder of the permit. Minor or major temporary use permits are not subject to HMC 20.28.105, Design review authority. This section does not supersede existing regulations pertaining to specific temporary uses included in other code sections.

B. Minor temporary use permits may only be issued if the proposed use meets the following requirements:

1. The use has a time limit not to exceed 12 months, with the possibility of one 12-month extension;

2. The temporary use is located on the same parcel as or a contiguous parcel to the primary use;

3. The temporary use site is zoned CS, I, MP, or MU;

4. The use does not include the construction or establishment of permanent structures, pavement, or other features;

5. Sensitive environmental resources such as oak trees, wetlands, and endangered species will not be impacted;

6. The use is accessory to an existing primary use (or approved primary use) within the Healdsburg City limit;

7. The use is not in conflict with conditions or other limitations of existing discretionary approvals that apply to the site; and

8. The use shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to have detrimental effects on the surrounding properties or the community.

a. A major temporary use permit may only be issued if the temporary use meets all the requirements of a minor temporary use permit, except:

i. The temporary use has a time limit greater than 12 months but not to exceed 36 months, with the possibility of one 12-month extension; and/or

ii. The temporary use is off site on a noncontiguous parcel from the primary use.

C. Allowed Temporary Activities. The following temporary uses may be allowed within the specified time limits, subject to the issuance of a minor or major temporary use permit. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.

1. Temporary Construction Yards – Off Site. Off-site contractors’ construction yards, including a work trailer in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, or the expiration of the minor or major temporary use permit, whichever first occurs.

2. Temporary unpaved parking lots.

3. Temporary outside storage of equipment and product.

4. Modular/portable buildings used for classrooms or offices.

5. Other temporary uses of a similar nature as determined by the planning and building director.

D. Approval Process. Minor temporary use permits are subject to review and approval by the zoning administrator after a public hearing. Major temporary use permits are subject to review and approval by the planning commission after a public hearing. The approving authority may grant up to one 12-month extension after a public hearing.

E. Conditions of Approval. In granting a minor or major temporary use permit, the reviewing authority may prescribe appropriate conditions and safeguards in conformity with this section. The reviewing authority may prescribe a time limit within which the action for which the temporary use permit shall be started, completed, or both. Conditions of approval for the temporary use may include, but are not limited to:

1. Regulation of hours and days of operation;

2. Requirement of bonds or other guarantees for cleanup or removal of any structures or equipment and/or the return of temporary use site to its original state within a specified period of time;

3. Regulation of permit duration except for as specified herein;

4. Regulation of signs and advertising;

5. Regulation of lighting and fencing;

6. Regulation of public-address or sound system;

7. Regulation of gas, dust, smoke, noise, fumes, vibrations or other nuisances;

8. Regulation of design features including, but not limited to, size, colors, material, architectural details and landscaping;

9. Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety, to be maintained during the operation of the use as necessary; and

10. Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.

F. Application Requirements. An application for a major or minor temporary use permit shall be filed on forms prescribed for this purpose and accompanied by the required application fee. The application shall provide any other information, prescribed by the planning and building director, including plans and/or maps as may be necessary for adequate review of the application. The applicant may also be required to submit environmental reports as determined by the director in order to demonstrate that no environmental resources will be impacted.

G. Findings. The reviewing authority shall make the following findings in granting a minor or major temporary use permit:

1. The minor or major temporary use permit complies with the various provisions of this chapter;

2. The temporary use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;

3. The temporary use will not adversely affect sensitive species, or wetlands, or adjacent uses, buildings or other structures;

4. The temporary use will not endanger the public health, safety or general welfare; and

5. That the granting of the temporary use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.

H. Revocation. This permit may be revoked for any reason in the sole and absolute discretion of the planning and building director or their designee upon 30 days’ written notice, or immediately upon written notice in the event that the permittee, as determined by the planning and building director or their designee, is in violation of any law such that the activity endangers the public health, safety, or general welfare. (Ord. 1231 § 16, 2023.)