Healdsburg Municipal Code § 20.20.010 Accessory dwelling units and junior accessory dwelling units

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. 950 § 2 (Exh. A § 1840), 1998; Ord. 956 § 2 (Att. A § 1840), 1999; Ord. 971 § 2 (Exh. A § 7), 2001; Ord. 1010 § 4 (Exh. A § 10), 2003)

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 law 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 law and local ordinance. An efficiency unit or manufactured home, as defined in Section 18007 of the Health and Safety Code, are types of accessory dwelling units.

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 the accessory dwelling unit or primary dwelling unit was built or developed by a qualified nonprofit corporation per Government Code Section 66341, 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.

5. Accessory dwelling units shall only be used for residential purposes.

6. Rental 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.

7. 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.

8. 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.

9. 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.

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.

5. If a proposed junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the junior accessory dwelling unit, with an interior entry to the main living area.

6. 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.

7. 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.

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

9. Rental of a junior accessory dwelling unit shall be for a term longer than 30 days.

C. Development Standards.

Table 20 Development Standards for Attached and Detached Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)

Notes:

Table 20a Development Standards: Front Setback, Site Coverage, Height for Specific Zoning Districts

D. Design Criteria. All new accessory dwelling units shall comply with the following objective design criteria:

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 shall comply with fire code regulations for defensible space. Fire-resistant and low-water-use plants shall be utilized.

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. 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.

E. State-Mandated Units (Goverment Code Section 66323). Notwithstanding the requirements established in subsections (A) through (D) 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 and one 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 66333 et seq.

e. An accessory dwelling unit or junior accessory dwelling unit created pursuant to this subsection (E) will not be required to install a new or separate utility connection unless the unit is constructed concurrently with a new single-family dwelling.

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 (F)(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 18 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. "Livable space" means space in a dwelling intended for human habitation, as the term appears in Government Code Sections 66313(e) and 66323(a)(3)(A).

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

4. Multiple accessory dwelling units, not to exceed the number specified in subsection (E)(4)(c) or (d) below, as applicable, that are located on a lot that has an existing or proposed multifamily dwelling but are detached from that multifamily dwelling. The accessory dwelling units must comply with the following:

a. A height limitation of 18 feet.

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

c. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

d. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

e. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. 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.

5. Rental of an accessory dwelling unit or junior accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.

F. Additional Provisions.

1. All accessory dwelling units and junior accessory dwelling units must comply with HMC Title 15, Building Codes, except as follows:

a. The City shall not deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for building code violations, unless the City makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard, pursuant to Section 17920.3 of the Health and Safety Code.

2. Nonconforming Conditions.

a. For State-mandated ADUs and JADUs: The City shall not condition approval on the correction of nonconforming zoning code violations.

b. For all other ADUs and JADUs: The City shall require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that present a threat to public health and safety and are affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

3. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

4. Accessory dwelling units up to 850 square feet are exempt from impact fees. Accessory dwelling units that are 850 square feet or larger may be charged impact fees, but the fees must be proportional in size (by square foot) to fees charged for the primary dwelling unit.

5. Accessory dwelling units constructed from existing space and junior accessory dwelling units shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed concurrently with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit, based on its square footage or plumbing fixtures as compared to the primary dwelling.

G. Application Review.

1. Applications for accessory dwelling units and junior accessory dwelling units shall be submitted on the form provided by the City, along with all supporting documentation and the application fee.

2. The City shall review accessory dwelling unit and junior accessory dwelling unit applications for completeness within 30 days of receipt. If an application is deemed incomplete, the City shall provide an exhaustive list of items that were not complete. That list shall be limited to those items required on the City's submittal requirement checklist.

3. Once an application for an accessory dwelling unit or junior accessory dwelling unit is deemed complete, the City shall review the application for compliance with this section and shall approve or deny the application ministerially, without discretionary review or a hearing, within 60 days of receipt of a complete application. If the City does not approve or deny the complete application within 60 days of receipt, the application is deemed approved.

4. If a permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted with a proposed primary dwelling(s), action on the accessory dwelling unit or junior accessory dwelling unit shall occur concurrently with the permit for the primary dwelling(s).

5. If the City denies an accessory dwelling unit or junior accessory dwelling unit application, it shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, within 60 days from when a completed application is received.

6. 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.

H. Severability. To the extent possible, this section shall be interpreted to be consistent with the provisions of Government Code Section 66310 et seq. If any part of this section is found to be invalid or inconsistent with Government Code Section 66310 et seq., such provision shall be null and void and the remaining sections will still be applied to the maximum extent feasible.

(Ord. 1003 § 2 (Exh. A § 19), 2003; Ord. 1006 § 2 (Exh. A § 1855), 2003; Ord. 1159 § 11, 2016; Ord. 1172 § 2, 2018; Ord. 1187 § 4, 2019; Ord. 1189 § 3, 2019; Ord. 1197 § 1 (Att. A), 2019; Ord. 1210 § 9, 2021; Ord. 1253, 12/15/2025)

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)

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. 950 § 2 (Exh. A § 345), 1998; Ord. 1003 § 2 (Exh. A § 6), 2003; Ord. 1159 § 12, 2016)

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)

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 (five 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.

2. 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.

3. Accessory dwelling units constructed pursuant to HMC 20.20.010.

C. Inclusionary Requirements. Residential development projects or mixed-use development projects with five or more dwelling units shall include at least 20% 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% affordable to moderate-income households and 5% affordable to middle-income households. The requirement for the portion of a project including rental units is 5% affordable to low-income households and 15% 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:

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

2. The applicant may pay the portion of the required fractional unit as an in-lieu fee as described in 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) 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) 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% of the Sonoma County area median income, with rent restricted to 30% 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) 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) 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 chapter, 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% 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. 950 § 2 (Exh. A § 18115), 1998; Ord. 1018 § 2 (Exh. A § 18115), 2004; Ord. 1029 § 2 (Exh. A § 18115), 2006; Ord. 1069 § 1, 2008; Ord. 1159 §§ 13, 14, 2016; Ord. 1191 § 2, 2019; Ord. 1201 § 2 (Exh. A), 2020; Ord. 1239 § 2, 2024; Ord. 1251, 12/1/2025)

A. Purpose. In accordance with California Government Code Section 65915, et seq., (the "State Density Bonus Law") this chapter implements State Density Bonus Law as well as the goals, objectives, and policies of the General Plan Housing Element. Specifically, this chapter provides for the granting of density bonuses, incentives/concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this section, it is also the intent of the City to implement the goals, objectives, and policies of the City's Housing Element of the General Plan.

B. Definitions. The definitions found in State Density Bonus Law shall apply to the terms contained in this chapter. "Incentives" include "concessions" as defined in State Density Bonus Law.

C. Application Requirements. An applicant for a "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Sections 65915(b), (c), (f), (g), (h) or (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

The application shall include the required fee and the following minimum information:

1. For a requested density bonus:

a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b. Reference to the subparagraph(s) of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

f. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

i. A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units. For a housing development with five dwelling units or more, the density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the affordable housing units.

j. Affordable units provided under this section shall be made available on a non-discriminatory basis, consistent with Government Code Section 12955(p), which prohibits denying tenancy or imposing different terms based on a prospective tenant's participation in a housing assistance program, such as the Housing Choice Voucher program.

k. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.

2. Requested incentives. "Incentives" are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):

a. The City's usual regulation and the requested regulatory incentive or concession.

b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3. Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel (if applicable), the City's required development standard and the requested development standard.

4. Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by subsections (C)(2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

D. Application Review Process.

1. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by Government Code Section 65950 et seq. or other statute, if applicable. Appeals of the planning application in accordance with the requirements of HMC § 20.28.085 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

2. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

a. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by Government Code Section 65915(c)(3).

b. If applicable, the housing development provides the housing required by State Density Bonus Law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

c. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

d. If a waiver is requested, the development standards for which a waiver is requested that would have the effect of physically precluding the construction of the housing development as designed at the densities and/or with the incentives permitted under State Density Bonus Law.

e. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

f. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

g. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

3. The decision-making body shall grant requested incentive(s) unless it makes a written finding, based upon substantial evidence, of any of the following:

a. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

b. The proposed incentive would be contrary to state or federal law; or

c. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

Notwithstanding any other provision to the contrary, the number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

4. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a. The proposed waiver would be contrary to state or federal law; or

b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

c. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

5. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

6. A request for minor modification of an approved density bonus housing plan may be granted by the City Manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

E. Density Bonus Housing Agreement.

1. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

2. For rental projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

3. For for-sale projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for at least 45 years.

4. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

5. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

F. Density Bonus Calculations.

1. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

2. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

3. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

4. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the City's inclusionary housing requirements in HMC § 20.20.030 and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law. Payment of fees in lieu of providing affordable units under HMC § 20.20.030 does not qualify a housing development for a density bonus.

5. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

6. Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

7. The City's Growth Management Ordinance is preempted by State Density Bonus Law; therefore, units developed under this section shall not be subject to the Growth Management Ordinance.

G. Development Standards.

1. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

2. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

3. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

H. Density Bonus for Commercial Development.

1. The following definitions shall apply to this section:

a. "Commercial development" means a development project for nonresidential and nonindustrial uses.

b. "Commercial development bonus" means modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus under subsection (C) of this section. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

c. "Partnered housing agreement" means an agreement approved by the City between a commercial developer and a housing developer identifying how the commercial development will provide housing available at an affordable ownership cost or affordable rent consisted with subsection (H)(3) of this section. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial developer and the housing development.

2. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver in fees imposed on the commercial development to provide for affordable housing.

3. The partnered housing agreement shall include all of the following provisions:

a. The housing development shall be located either: (i) on the site of the commercial development; or (ii) on a site within the City that is within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155, and is in close proximity to public amenities, including schools and employment centers.

b. At least 30% of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to low-income households, or at least 15% of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to very low-income households.

c. The commercial development must agree either to directly build the affordable housing units, donate a site consistent with the requirements of Government Code Section 65915(g) for the development of the affordable housing units, or make a cash payment to the housing developer for the development of the affordable housing units.

4. An approved partnered housing agreement shall be described in the City's Housing Element annual report as required by Government Code Section 65915.7(k).

5. A Commercial Development may request and receive a development bonus pursuant to the provisions of Government Code Section 65915.7.

I. Interpretation. If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this section include successor provisions.

(Ord. 950 § 2 (Exh. A § 18125), 1998; Ord. 1018 § 2 (Exh. A § 18125), 2004; Ord. 1050 § 2, 2006; Ord. 1254, 12/15/2025)

A. Purpose. The purpose of this section is to establish and implement the provisions and intent of California Senate Bill 684 (SB 684, 2023) as amended by Senate Bill 1123 (SB 1123, 2024) and Assembly Bill 130 (AB 130, 2025), which seek to streamline the approval process for certain residential housing developments, promote infill development near transit and urban services, and support the State's goals for housing production and affordability.

B. Definitions.

"Extremely low-income household"

has the meaning set forth in Health and Safety Code Section 50106.

"Low-income household"

has the meaning set forth in Health and Safety Code Section 50079.5.

"Net habitable square feet"

means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

"Qualified urban use"

has the meaning set forth in Public Resources Code Section 21072.

"Substantially surrounded"

has the meaning set forth in Public Resources Code Section 21159.25(a)(2).

"Vacant parcel"

means a lot which has no permanent structure, unless the permanent structure is abandoned or uninhabitable.

"Very low-income household"

has the meaning set forth in Health and Safety Code Section 50105.

C. Small Lot Subdivision. The Planning and Building Director shall ministerially review, without a hearing, an application for a parcel map or tentative and final map for a housing development project as described in this section and shall approve or deny the application within 60 days from the receipt of a complete application if the criteria in Government Code Section 66499.41 and this section are satisfied. The Director shall approve the parcel map or tentative and final map for the subdivision if it meets all the following requirements:

1. The parcel being subdivided meets either of the following:

a. The parcel is located within one of the following zones allowing multi-family residential: RM, CD, CS, GMU, ORM or MU; or

b. The parcel is a vacant parcel located within one of the following single-family residential zones: R1-3,500, R1-6,000, R1-12,500, R1-20,000, R1-40,000.

2. The proposed subdivision will result in 10 or fewer parcels and the housing development project on the parcel proposed to be subdivided will contain 10 or fewer residential units, not including any permitted accessory dwelling units or junior accessory dwelling units. The subdivision may designate a remainder parcel, as defined in Government Code Section 66424.6, and the remainder parcel shall not be counted against the 10 parcel maximum.

3. The parcel is substantially surrounded by qualified urban uses and meets the following lot area requirements:

a. No larger than five acres, if the parcel is zoned for multi-family residential; or

b. No larger than one and one-half acres, if zoned for single-family residential.

4. The parcel is a legal parcel.

5. The parcel was not established pursuant to a prior SB 684, SB 1123 or SB 9 lot split.

6. Minimum Lot Area. The newly created parcels meet the following minimum lot area requirements:

a. No smaller than 600 square feet if zoned for multi-family residential;

b. No smaller than 1,200 square feet if zoned for single-family residential.

7. Form of Ownership. The proposed housing units on the parcel proposed to be subdivided are one of the following:

a. Constructed on fee simple ownership lots;

b. Part of a common interest development;

c. Part of a housing cooperative, as defined in Civil Code Section 817;

d. Owned by a community land trust meeting the requirements of Government Code Section 66499.41; or

e. Part of a tenancy in common, as described in Civil Code Section 685.

8. Minimum Density. The proposed subdivision must meet one of the following:

a. If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element.

b. If the parcel is not identified in the Housing Element for the current planning period, the development must result in at least 66% of the maximum allowable residential density for the parcel.

9. Unit Affordability. The subdivision shall comply with both of the following:

a. The subdivision shall comply with Section 20.20.030 (Inclusionary Housing).

b. If the parcel is identified to accommodate low- or very low-income households, the development must result in at least as many low- or very low-income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least 45 years.

10. Maximum Floor Area. The average total area of floorspace for the proposed housing units on the parcel proposed to be subdivided does not exceed 1,750 net habitable square feet.

11. The housing development project on the parcel proposed to be subdivided would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

d. A parcel on which an owner of real residential property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

12. The parcel being subdivided is not any of the following:

a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178 or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202.

d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f. Within a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the City of Healdsburg shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Healdsburg that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City of Healdsburg; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City of Healdsburg shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Healdsburg that is applicable to that site.

h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.

i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

j. Lands under conservation easement.

13. Map Act Compliance. The proposed subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this section and Government Code Section 66499.41.

14. Utilities. The parcels created pursuant to this section must be served by a public water and sewer system.

15. Existing Dwelling Units. The proposed subdivision shall not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the parcel.

16. Objective Standards. The development proposed on the parcels shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located, except that a proposed housing development is not required to comply with minimum requirements on size, width, depth, or dimensions of an individual parcel beyond the minimum parcel size.

a. The maximum building height for any primary SB 684/1123 unit shall not exceed 35 feet in height.

b. Upper stories shall be set back a minimum of 10 feet from side property lines.

c. All landscaping shall apply with the City's Water Efficient Landscaping Ordinance.

17. Replacement Units. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

18. Development on Each Parcel Required. At least one residential structure in compliance with applicable provisions of the California Building Standards Code must be developed on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area. A remainder parcel, as defined in Government Code Section 66424.6, may be designated that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project.

19. Accessory Dwelling and Junior Accessory Dwelling Units. Accessory dwelling units and/or junior accessory dwelling units shall not be permitted on a parcel created through this section, unless the newly created parcel is 5,000 square feet or larger.

20. Prohibition of Urban Lot Splits. A parcel created under this section shall not be further subdivided pursuant to an urban lot split under Chapter 17.04, Article II and Article III or Government Code Section 66411.7.

21. Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the Planning and Building Director, stating that none of the conditions listed in subsection C.11 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Planning and Building Director.

22. Specific Adverse Impacts. In addition to the criteria listed in this subsection, a subdivision proposed under this section may be denied if the Planning and Building Director makes a written finding, based on a preponderance of the evidence, that the proposed subdivision or proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with this zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

23. Enforcement. The City Attorney shall be authorized to abate violations of this section and to enforce the provisions of this section and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this section shall not preclude the City of Healdsburg from any other remedy or relief to which it otherwise would be entitled under law or equity.

D. Housing Development of Small Lot Subdivisions.

1. The Planning and Building Director shall ministerially review, without hearing, an application for a housing development project on a lot that is subdivided pursuant to subsection C of this section and Government Code Section 66499.41, and shall approve or deny the application within 60 days from the receipt of a complete application.

2. Qualifying Criteria. The Planning and Building Director shall approve the housing development project if it meets all the following requirements:

a. The proposed housing development is on a lot created in accordance with subsection C of this section and Government Code Section 66499.41.

b. The proposed housing development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located that do not conflict with subsection C of this section and Government Code Sections 65852.28 and 66499.41; provided, however:

i. The Planning and Building Director, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at the minimum densities specified in subsection C.8 of this section. Any modifications of development standards shall be the minimum modification necessary.

ii. No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations).

iii. Required rear and side yard setbacks from the original lot line shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

iv. Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.

v. Floor Area Ratio Standards. The following floor area ratios shall apply:

(A) For a housing development project consisting of three to seven units, inclusive, the floor area ratio is 1.0.

(B) For a housing development project consisting of eight to 10 units, inclusive, the floor area ratio is 1.25.

3. In addition to the criteria listed in this section, a proposed housing development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

4. The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City of Healdsburg from any other remedy or relief to which it otherwise would be entitled under law or equity.

E. Building Permits for Housing Development of Small Lot Subdivisions. The Building Official shall issue a building permit for one or more residential units that are part of a housing development project on a lot that is subdivided pursuant to subsection C of this section and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied by meeting the following criteria:

1. The applicant has received a tentative map or parcel map approval for the subdivision.

2. The applicant has submitted a complete building permit application.

3. Any dedication, improvement, and sewer requirements identified in the approved tentative map or parcel map or its conditions of approval shall be guaranteed to the City of Healdsburg's satisfaction.

4. The applicant must submit proof, to the satisfaction of the Planning and Building Director, of a recorded covenant and agreement enforceable by the City of Healdsburg that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.

5. Specific Adverse Impacts. In addition to the criteria listed in this section, issuance of a building permit may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

6. Enforcement. Code Enforcement shall be authorized to abate violations of this section and to enforce the provisions of this section and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this section shall not preclude the City of Healdsburg from any other remedy or relief to which it otherwise would be entitled under law or equity.

7. Growth Management Allocations. Projects submitted under this section shall be exempt from the Growth Management Ordinance.

8. Inclusionary Housing Ordinance. Projects submitted under this section shall be subject to the City's Inclusionary Housing Ordinance.

(Ord. 1018 § 2 (Exh. A § 347), 2004; Ord. 1159 § 15, 2016; Ord. 1187 § 5, 2019; Ord. 1256, 3/16/2026)

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)

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)

Repealed by Ord. 1231.

(Ord. 950 § 2 (Exh. A § 1850), 1998)

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. 950 § 2 (Exh. A §§ 1890, 2730), 1998; Ord. 980 § 2 (Exh. A §§ 1890, 2730), 2001; Ord. 1010 § 4 (Exh. A § 12), 2003; Ord. 1073 § 1, 2008; Ord. 1159 § 16, 2016; Ord. 1172 § 2, 2018)