Article III

General Administrative Procedures

This article establishes general administrative procedures for administering and implementing the Land Use Code. The provisions outlined and set forth in this article are established for all administrative procedures.

(Ord. 950 § 2 (Exh. A § 2500), 1998)

Three reviewing entities are hereby established and described as follows:

• A. City Council. The City Council is established through the incorporation of the City of Healdsburg and has final review of all matters relating to planning and zoning, subject to delegation of such authority as provided in this title.

• B. Planning Commission. The planning commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the City Council.

The powers and duties of the planning commission shall include:

1. Authority to hear and decide:

   • a. Applications for major conditional use permit;

   • b. Applications for variances, with the exception of those made by the zoning administrator, pursuant to HMC § 20.28.215;

   • c. Applications for major design review;

   • d. Adoption of negative declarations or EIR certification and findings when associated with another application acted upon by the planning commission.

2. Authority to review and make recommendations to the City Council on:

   • a. Applications for ordinance amendments and zoning map changes;

   • b. Applications for tentative subdivision maps;

   • c. Applications for General Plan amendments;

   • d. Environmental documentation where final permit approval is made by the City Council.

3. Authority to act upon appeal of any order, requirement, permit, decision, or determination made by an administrative or appointed official, such as the planning department staff, planning director or zoning administrator in the administration or enforcement of this title.

4. The planning commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this title. All meetings shall be open to the public. The

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.075

§ 20.28.075

planning commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the planning department.

• C. Zoning Administrator. A zoning administrator may be appointed to perform certain duties as described in this title and as authorized by the State Planning and Zoning Law. The City Manager shall appoint the zoning administrator and determine qualifications for the office.

  1. The zoning administrator provides a method by which minor adjustments from ordinance requirements can be made without the delays resultant to the setting of such matters for public hearing before the planning commission and to relieve the planning commission from certain minor and routine matters.

  2. The zoning administrator shall have the authority to grant or conditionally grant minor use permits, minor temporary use permits, minor variances, and determinations of unspecified uses as set forth elsewhere in this title.

3. The zoning administrator shall adopt rules and regulations to govern the procedures at public meetings and to set times for required meetings. All meetings shall be open to the public.

• D. Table 22 summarizes the various reviewing and approval bodies for applications made pursuant to this title.

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Table 22 Permit approval matrix
Recommending Approval Final Decision-
Application Type Authority Authority Appeal Making Body
Building None Building official Planning City Council
relocation and planning commission
director
Conditional use Staff Planning City Council City Council
permit – major commission
Conditional use Staff Zoning Planning City Council
permit – minor administrator commission
Design review – Staff Planning City Council City Council
major commission
Design review – Staff Planning and Planning City Council
minor building director commission
Determination of Staff Zoning Planning City Council
use administrator commission
General Plan Planning City Council None City Council
amendment (map commission
and/or text)
Variance – major Staff Planning City Council City Council
commission
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City of Healdsburg, CA

HEALDSBURG CODE

§ 20.28.075

§ 20.28.080

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----- Start of picture text -----
Table 22 Permit approval matrix
Recommending Approval Final Decision-
Application Type Authority Authority Appeal Making Body
Variance – minor Staff Zoning Planning City Council
administrator commission
Temporary use Staff Planning City Council City Council
permit – major commission
Temporary use Staff Zoning Planning City Council
permit – minor administrator commission
Zone change Planning City Council None City Council
commission
Zoning ordinance Planning City Council None City Council
amendment commission
(rezone and
prezone)
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Notes:

Staff: The professional staff of the planning and building department

(Ord. 950 § 2 (Exh. A § 2505), 1998; Ord. 1012 § 2 (Exh. A § 10), 2004; Ord. 1187 § 6, 2019; Ord. 1231 § 17, 2023)

• A. Notice shall be given in accordance with state law and as set forth in Table 23. In addition, the City may give notice of hearings in any other manner deemed necessary or desirable so long as compliance with state law is assured.

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Table 23 Notification requirements
Type of Procedure, Permit or Surrounding On-Site On-Site
Hearing Properties Publication Posting Sign
Appeal (1) (1) (1) (1)
Conditional use permit – major yes yes no yes
Conditional use permit – minor yes no yes no
Determination of use no no no no
General Plan amendment (map (2) yes no yes
designation)
General Plan amendment (text) no yes no no
Design review – major yes yes no yes
Design review – minor no no no no
Variance – major yes yes no yes
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City of Healdsburg, CA

LAND USE CODE

§ 20.28.080

§ 20.28.085

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----- Start of picture text -----
Table 23 Notification requirements
Type of Procedure, Permit or Surrounding On-Site On-Site
Hearing Properties Publication Posting Sign
Variance – minor yes no yes no
Temporary use permit – minor yes no yes no
Temporary use permit – major yes yes no yes
Subdivision – major yes yes no yes
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Notes:

(1) Notification shall occur in the same manner as required for the original application.

(2) Surrounding properties are notified if the amendment affects permitted uses and property.

• B. Where notification of surrounding property owners is required, the following shall apply:

  1. Notice of the hearing shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the hearing. This shall be as measured from the exterior property boundaries of the subject property, regardless of intervening streets.

  2. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City, in lieu of mailed or delivered notices, may provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the community.

• C. For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation within the community at least one time.

• (Ord. 950 § 2 (Exh. A § 2510), 1998; Ord. 1012 § 2 (Exh. A § 11), 2004; Ord. 1049 §§ 1, 2, 2006; Ord. 1187 § 7, 2019; Ord. 1231 § 18, 2023)

• A. Any action taken by the planning and building director, zoning administrator and/or planning and building department staff in the administration or enforcement of the provisions of this Title may be appealed by any person aggrieved, or by any officer, commission or department of the City. Such appeals shall be made to the planning commission. Any action taken by the planning commission may be appealed to the City Council.

• B. The notice of appeal shall be in writing and shall be filed with the planning and building department on forms provided by the City. An appeal from any action in the administration or enforcement of this Title shall indicate specifically the error or abuse of discretion.

• C. Any appeal shall be filed within 10 days after the hearing or action from which the appeal is made. Upon the filing of an appeal, the planning and building department shall transmit a copy of the appeal to the body authorized to hear the appeal.

• D. For appeal from actions taken by the planning and building director, zoning administrator or planning and building department, the following procedures shall govern:

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City of Healdsburg, CA

HEALDSBURG CODE

§ 20.28.085

§ 20.28.095

1. Upon receipt of the notice of appeal, the planning and building department shall set a date for planning commission hearing of the matter and give notice of the date, time and place of the hearing to the applicant and appellant. Further, the planning and building department shall give public notice of the hearing at least 10 days prior to the hearing. Prior to the hearing, the planning and building department shall transmit a report to the planning commission summarizing a report of findings regarding the appeal.

2. The planning commission shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The commission may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter. The planning commission shall transmit a copy of decision to the applicant, appellant and the planning and building department.

• E. For appeal from actions taken by the planning commission, the following shall govern:

  1. Upon receipt of the notice of appeal, the City Clerk shall set a date for City Council hearing of the matter and give notice of the date, time, and place of the hearing to the applicant, the appellant, and the planning department. The City Clerk shall give public notice of the hearing at least 10 days prior to the date of the hearing. Prior to the hearing, the planning department shall transmit a report to the City Clerk summarizing a report of findings regarding the appeal.

ouncil hearing of the matter and give notice of the date, time, and place of the hearing to the applicant, the appellant, and the planning department. The City Clerk shall give public notice of the hearing at least 10 days prior to the date of the hearing. Prior to the hearing, the planning department shall transmit a report to the City Clerk summarizing a report of findings regarding the appeal.

2. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this Title. The City Clerk shall transmit a copy of the decision to the applicant, appellant, and the planning department.

• (Ord. 950 § 2 (Exh. A § 2515), 1998)

Applicants for discretionary approvals may request up to a maximum of two continuances of an agendized public hearing item. Applicants are required to submit their request in writing or email to the planning and building department director a minimum of 24 hours prior to the start of the scheduled public hearing.

(Ord. 1132 § 2, 2014)

A filing fee, as determined by City Council resolution, shall accompany an application for any action taken under the provisions of this article. Any applications made by the City or any of its representatives shall be exempt from this requirement.

(Ord. 950 § 2 (Exh. A § 2520), 1998)

The City shall make available to interested members of the public necessary publications relating to the administration of this Title, at a fee adopted separately by City Council resolution.

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.095

§ 20.28.095

(Ord. 950 § 2 (Exh. A § 140), 1998)

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.100

§ 20.28.105

Article IV Design and Architectural Review

The purpose of design review is to:

• A. Preserve the natural beauty and attractiveness of new development where it occurs;

• B. Promote and, wherever possible, improve the appearance of the community;

• C. Ensure that indiscriminate clearing of property is minimized and the destruction of trees and shrubs is also minimized;

• D. Obtain the best possible traffic circulation within the community;

• E. Ensure that the design and layout of new development projects are compatible with the Healdsburg General Plan, applicable sections of the Land Use Code and are in scale and character with surrounding land uses.

• (Ord. 950 § 2 (Exh. A § 2600), 1998)

Minor design review applications are approved by the planning director, or his/her designee, based upon compliance with the applicable Land Use Code standards and the adopted Citywide Design Guidelines. A determination letter shall be issued that identifies how the project's design meets the standards of the Land Use Code, the design guidelines, and findings for design review approval.

• A. The following applications are minor design review applications, subject to review by the planning and building director. More complex or sensitive projects may be referred to the planning commission:

  1. Minor changes to the exterior of existing nonresidential buildings that require a building permit. This includes, but is not limited to, significant facade changes, relocation of storefront doors and windows, etc.

  2. A change of use in a nonresidential building and site not involving substantial site changes. This determination will be made at the time of business license application.

  3. Changes to a nonresidential site not involving major structural or site changes or changes of use. This includes site alterations such as construction of parking shade structures or other accessory structures.

  4. Construction of or an expansion greater than 500 square feet to a one-family dwelling on a site uphill and visible from a scenic highway or road, or located within a scenic ridgeline corridor designated by the General Plan as determined by the planning and building director.

  5. Construction of one single-family dwelling within the Grove Street Neighborhood Plan.

  6. Construction of new single-family dwellings where design review is required as a condition of approval of subdivision maps.

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.105

§ 20.28.115

7. Within Character Area 1 (as identified in the Citywide Design Guidelines Chapter 4), construction of one single-family dwelling or a new second story addition, or significant change to the primary facade. A significant change to a primary facade is one that results in a substantive change to the appearance of the front of the building that is visible from the street. This could include enclosure of a front porch, removal of window(s), demolition of some or all of the primary facade, an addition to the primary facade, a change in roof form or other similar alterations that fundamentally change the appearance of the primary facade.

8. Projects subject to minor design review by any other provision of the Land Use Code.

• B. The planning commission may approve, conditionally approve, or deny applications for major design review. The following applications are major design review applications, subject to review by the planning commission at a public hearing:

1. Commercial, industrial, office and residential projects (two or more residential units per site) which involve the development of vacant land with site and building improvements or involving major changes or additions to a previously developed site. Examples of these types of development projects include new warehouse buildings, multifamily residential buildings, hotels, or major additions to existing structures.

   2. Applications involving a change of use that requires substantial changes to a nonresidential site and proposals for exterior building modifications. An example of this type of project would include changing of a site from a warehouse to an outdoor storage yard.

   3. Projects subject to development approval by the planning commission, such as subdivisions, use permits and projects requiring the approval of variances, that also include a design review permit. An example of this type of project would include a tentative subdivision map which includes a specific housing type as part of the application, a Residential Master Plan, or a residential visitor lodging operation that includes modification or addition to the structure.

   4. Signs that are part of a larger project subject to design review by the planning commission. An example of this type of project would include a master sign program for a new multi-unit commercial building.

2. Projects subject to major design review by any other provision of the Land Use Code.

(Ord. 950 § 2 (Exh. A §§ 2605, 2620, 2625), 1998; Ord. 987 § 2 (Exh. A § 1), 2002; Ord. 1172 § 2, 2018)

Application for any permit shall be made by the property owner or authorized agent, to the planning and building director on forms prescribed for this purpose, accompanied by the required deposit. The application shall provide any other information, plans and maps prescribed by the planning and building director as may be necessary for adequate review of the application. (Ord. 950 § 2 (Exh. A § 2610), 1998; Ord. 1172 § 2, 2018)

The City may obtain the advice of persons trained in the fields of architecture, landscape

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City of Healdsburg, CA

HEALDSBURG CODE

§ 20.28.115

§ 20.28.130

architecture, and urban planning to aid in its decision. The City Council may appoint to the planning commission one or more persons trained in one or more of these fields as regular or exofficio members thereof, provided that the private practice or business of such member does not create an incompatibility between the private practice or business and the rendition of objective advice to the commission.

(Ord. 950 § 2 (Exh. A § 2615), 1998)

Notice of public hearings shall be given as specified in HMC § 20.28.080. (Ord. 950 § 2 (Exh. A §§ 2620, 2625), 1998)

In approving or conditionally approving an application for design review, the following findings shall be made by the planning and building director or the planning commission, as appropriate:

• A. The proposed development or use is consistent with all applicable policies and requirements of the General Plan and Land Use Code.

• B. The proposed design of the development or use, and all appurtenant structures, is consistent with the policies set forth in the Citywide Design Guidelines, as may be amended from time to time.

• C. The proposed development or use is consistent with the purposes of the zoning district in which it is located.

• D. The proposed development or use is consistent with all other conditions imposed by the planning commission or City Council with respect to any matter related to the purpose of design review.

• E. For proposed developments or uses in the Central Healdsburg Avenue Plan area, the design of the development or use, and all appurtenant structures, is consistent with the policies set forth in Chapter IV, "Building Design Framework," of the Central Healdsburg Avenue Plan dated November 2013 and adopted by the Healdsburg City Council on January 21, 2014, as may be amended from time to time.

• F. For proposed developments or uses in the North Entry Area Plan Overlay, the design of the development or use, and all appurtenant structures, is consistent with the goals, policies, objectives and design guidelines set forth in the North Entry Area Plan, as adopted by the Healdsburg City Council on May 20, 2019, as may be amended from time to time.

• In the case of denial, the ground for denial shall be stated in writing.

• (Ord. 950 § 2 (Exh. A § 2630), 1998; Ord. 1138 § 3, 2014; Ord. 1172 § 2, 2018; Ord. 1190 § 12, 2019)

The following shall govern the date and term of design review approval:

• A. Within five days following the date of a planning commission decision on a major design review permit application, the secretary shall transmit to the City Council written notice of the decision. Approval of a major design review permit application shall become effective

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.130

§ 20.28.140

10 days following the date on which the design review permit was granted by the planning commission or on the day following the next meeting of the Council, whichever is later, unless the decision has been appealed to the Council.

• B. Approval of a minor design review application becomes effective 10 days from the date of action by the planning and building director, unless the decision has been appealed to the planning commission.

• C. Design review approval is granted for 24 months. If within 24 months after the effective date, a building permit has not been issued for the design review project or, where a building permit is not required, construction of the improvement(s) has not commenced, the approval will automatically expire.

• D. A maximum of one 12-month extension may be granted by the planning and building department director. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the design review approval shall lapse as of the expiration date.

In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made.

• E. The term of design review approval may be made to be concurrent with the term of an associated tentative subdivision map, conditional use permit or variance at the discretion of the planning commission.

(Ord. 950 § 2 (Exh. A § 2635), 1998; Ord. 1051 § 1, 2006; Ord. 1132 § 1, 2014; Ord. 1231 § 6, 2023)

Appeals of a planning and building director or planning commission decision on a design review application shall be handled as specified in HMC § 20.28.085.

(Ord. 950 § 2 (Exh. A §§ 2620, 2625), 1998)

An applicant for a design review project may be allowed to submit a bond, letter of credit, or other form of financial guarantee in order to ensure that required conditions of approval would be fulfilled prior to issuance of a certificate of occupancy or issuance of other final City approvals. Such bonding or other guarantee shall be approved by the planning and building director for required on-site improvements and the public works director for required off-site improvements with respect to the amount of bonding and the specific bonding or other instrument of guarantee. (Ord. 950 § 2 (Exh. A § 2640), 1998)

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City of Healdsburg, CA

LAND USE CODE

§ 20.28.145

§ 20.28.150