Chapter 18.02
ADMINISTRATION AND ENFORCEMENT
Sections:
18.02.020 Compliance with title for permit issuance.
18.02.040 Review of permits, applications and licenses.
18.02.050 Planning commission.
18.02.060 Design review committee.
18.02.080 Violations and enforcement.
18.02.090 Nonconforming uses, structures, lots and signs.
18.02.100 Residential growth management.
18.02.010 Purpose and intent.
The purpose of this chapter is to establish the procedures for the administration of this code and to set forth certain basic responsibilities of the officials and bodies charged with its administration. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.020 Compliance with title for permit issuance.
All officials, departments and employees of the city with the authority or discretion to issue permits or licenses shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with this title. Any permit or license which conflicts with this title shall be null and void. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.030 Planning agency.
Pursuant to Section 65100 of the California Government Code, the planning agency for the city of Cloverdale shall consist of the city council, planning commission, design review committee and the planning department acting under authority of this title. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.040 Review of permits, applications and licenses.
The city council, planning commission, planning director, or other city manager designee shall have the authority to review and act upon the applications for entitlements and approvals as shown in Table 18.03.100. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.050 Planning commission.
The planning commission shall be appointed pursuant to the procedures specified in Chapter 2.36. The members of the planning commission shall have the powers and duties provided for by Sections 65000 through 65906 of the Government Code, as now or hereafter amended.
In addition, the planning commission shall have the responsibility to:
A. Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan, or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space and natural resources, and for the efficient and effective expenditure of public funds relating to the subjects addressed in the general plan.
B. Provide annual reports to the city council on the status of the general plan and progress in its implementation.
C. Provide interpretation of this title as set forth in Section 18.01.090.
D. Serve as the design review committee. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.060 Design review committee.
The planning commission shall serve in the capacity of the design review committee. The commission shall prepare, review, and recommend appropriate architectural standards and guidelines, subject to city council approval. Standards and guidelines are to be set forth in pictorial and/or narrative form, and may illustrate undesirable as well as desirable examples of design. The planning commission shall periodically review these standards and guidelines and may make recommendation for appropriate amendments.
The planning commission shall review and approve applications for design review, pursuant to this title and Table 18.03.100. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.070 Planning director.
This title shall be administered by the planning director or other city manager designee whose responsibilities include the following functions to be carried out either directly or by subordinate employees under supervision or direction of the planning director or other city manager designee:
A. Powers and Duties.
1. Application Process. All applications for permit, licenses and approvals pursuant to this title shall be submitted to the planning director for processing. The planning director or his/her designee shall be responsible for:
a. Determining completeness of applications;
b. Completing appropriate documentation under the California Environmental Quality Act for permits issued and actions taken pursuant to this title;
c. Collecting applicable fees;
d. Establishing a permanent file for each application or project;
e. Posting/publishing public notices;
f. Preparing reports;
g. Processing appeals; and
h. Presenting staff reports to the planning commission and city council.
2. Administrative Approvals. When authorized to do so by any provision of this title, the planning director may administratively approve certain plans, permits and entitlements pursuant to Table 18.03.100.
3. The planning director shall be responsible for providing information regarding the provisions and requirements of this title to the public.
B. Coordination. The planning director shall coordinate matters related to the administration of this title with other agencies, city departments, and city boards and commissions, and shall provide information on the status of development proposals to interested parties. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.080 Violations and enforcement.
A. Criminal Enforcement and Penalties for Violations. Violations of this title may be prosecuted as misdemeanors punishable by a fine of not more than one thousand dollars or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. If a code enforcement officer (as defined in Section 1.10.030) elects to charge a violation of this title as a criminal violation, such code enforcement officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. If the person cited refuses to sign the notice to appear, or as an alternative to issuing a notice of violation, the matter may be assigned to the city attorney for issuance of a criminal complaint. In no event may the penalty imposed pursuant to this section exceed that which is permitted under state law.
B. Civil and Administrative Enforcement and Penalties for Violations. Violations of this title are declared to be public nuisances. Violations of this title may be prosecuted as a nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter 1.14. Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition may be summarily abated in accordance with Section 1.15.010. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed.
C. Alternative Remedies Provided. In addition to the other remedies specified in this chapter, violations of this title are subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to or in addition to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the city.
D. Appeal of Administrative Enforcement. A responsible person charged with a violation of this title pursuant to Chapter 1.14 shall be entitled to pursue the appeal procedures set forth in Section 1.14.070 for responsible persons named in notices of violations.
E. No Mandatory Duty of Care. This chapter is not intended to impose, and shall not be construed or given effect in a manner that imposes, upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward persons or property within or without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.090 Nonconforming uses, structures, lots and signs.
A. Purpose. This section is intended to limit the number and extent of nonconforming uses, including signs, by regulating their enlargement, reestablishment after abandonment, and alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the provisions of this title. This section also is intended to limit the circumstances under which a nonconforming lot may be reduced in size.
B. Nonconforming Uses.
1. Right to Continue a Nonconforming Use. A use of a structure or land, including parking, which was lawfully established and maintained, but which does not conform with the use regulations or required standards for the zoning district in which it is located, by reason of adoption of this title (or a prior enactment of the city) or amendment thereto, or by reason of annexation of territory to the city, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided by this section. The right to continue a nonconforming use shall attach to the land and shall not be affected by a change of ownership, tenancy, or management; provided, that there is no expansion, substitution or other change in use and no substantial alteration or other change in the building, structure and/or site.
2. Nonconformity Due to Lack of Entitlement. Any use established at a time when permits or other entitlements were not required and is nonconforming only because of the absence of an entitlement shall not be modified, altered, or expanded to occupy a greater land area without first securing approval of the required entitlement (e.g., conditional use permit). The use shall be deemed a conforming use upon securing the applicable entitlement.
3. Modification or Expansion of Nonconforming Uses.
a. Single-Family Residences.
i. A detached single-family residence existing as a nonconforming use in commercial or industrial zoning districts may be continued as a residential use, and may be altered; provided, that no increase in the number of dwelling units or increase greater than fifty percent in the usable floor area, as it existed on the effective date of the ordinance codified in this title, occurs; provided, that the setbacks of the zoning district in which it is located are met.
ii. A detached single-family residence existing as a nonconforming use in a multiple-family zoning district may be continued as a single-family residential use and may be altered or rebuilt; provided, that the setbacks of the zoning district in which it is located are met.
4. Discontinuation of Nonconforming Use. Whenever a nonconforming use has been changed to a conforming use or has been discontinued for a continuous period of one hundred eighty days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zoning district in which it is located.
C. Nonconforming Structures.
1. Prior Building Permits. Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of the ordinance codified in this title; provided, that said permit does not lapse.
2. Right to Continue and Maintain a Nonconforming Structure. A structure or building which was lawfully erected, but which does not conform with current standards of coverage, setbacks, height of structures, or distances between structures prescribed in the regulations for the zoning district in which the structure is located, by reason of adoption of this title (or a prior enactment of the city) or amendment thereto, or by reason of annexation of territory to the city shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided by this section. Routine maintenance and repairs may be performed on a nonconforming structure.
3. Alterations and Enlargements of Nonconforming Structures. A nonconforming structure shall not be altered or reconstructed, and/or its use changed, so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, floor area ratio, and parking facilities as prescribed in the regulations for the zoning district in which the structure is located.
4. Restoration of a Damaged Structure.
a. Single-Family Residential Structures. Whenever a nonconforming structure designed for and used as a single-family residence is destroyed by fire or other calamity, by act of God, or by the public enemy, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within one year and diligently pursued to completion; and provided further, that the restored structure does not exceed the square footage of the original structure or otherwise create or increase any element of nonconformity. When a single-family residential structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed.
b. Other Structures.
i. Whenever any nonconforming structure other than a single-family residential structure is destroyed by fire or other calamity, by act of God, or by the public enemy such that the cost of replacing or restoring the entire structure to its condition immediately prior to destruction is fifty percent or less of the value of the structure immediately prior to its destruction, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within one year and diligently pursued to completion; and provided further, that the restored structure does not exceed the square footage of the original structure or otherwise create or increase any element of nonconformity.
ii. When the destruction of a nonconforming structure other than a single-family residence exceeds fifty percent of its value immediately prior to destruction or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed.
D. Nonconforming Lots. A lot which, when lawfully created or established, complied with the size or dimensional requirements of the zoning district where located, but that does not conform to the current size or dimensional regulations of the zoning district where located, or that does not conform to the current requirements of the subdivision ordinance governing lot standards shall be deemed a nonconforming lot; provided, that it is shown on a duly approved and recorded tract or parcel map, or has been issued, or is eligible for issuance of, a certificate of compliance or conditional certificate of compliance. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements of this title.
E. Nonconforming Signs. A nonconforming sign is a sign lawfully constructed and maintained prior to the effective date of the ordinance codified in this chapter, but that does not conform to the provisions of this chapter, or because of a zoning district change after the effective date of the ordinance codified in this chapter affecting the property upon which the sign is located does not comply with the applicable zoning district regulations. This chapter is intended to limit the number and extent of nonconforming signs by prohibiting alteration or enlargement thereof that would increase the discrepancy between existing conditions and the standards and requirements of this chapter and to provide for the elimination of nonconforming signs in residential zoning districts, in accordance with applicable law.
1. Alteration, Enlargement, Relocation and Reconstruction of Signs. No nonconforming sign shall be altered (including change of copy or face change), enlarged, relocated, and/or reconstructed, unless such action reduces the degree of nonconformity and a sign permit has been issued pursuant to this chapter. A nonconforming sign may be maintained or its text changed subject to a permit issued pursuant to this provision without affecting its nonconforming status.
2. Repair or Reconstruction of Damaged or Destroyed Signs. A nonconforming sign suffering destruction or damage reducing its fair market value by seventy-five percent or more as of the date of such destruction or damage shall be removed or repaired to conform with all applicable provisions of Chapter 18.12. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.02.100 Residential growth management.
The purpose of this section is to regulate residential development in an orderly manner. The Cloverdale general plan requires the city to develop a growth management program to allocate an average of seventy-five units per year, but also allow flexibility in the application of the policy so that growth does not exceed three hundred seventy-five units in any five-year period. The program includes a strategy to meet the city’s housing element fair share goals and compact development goals.
The adoption of this growth management program will assure that growth is consistent with the sewer and water capacity of the city. The general plan is based on a maximum population of twelve thousand by 2025 to assure that population growth does not exceed the city’s planned infrastructure capacity by the year 2025.
Adherence to the growth management program will not prevent the city from attaining its regional fair share housing needs as determined by the Association of Bay Area Governments (ABAG) because the program gives first preference to affordable housing, and the number of housing units allowed exceeds the expected number of fair share units.
A. Administration. The city council, by resolution, may from time to time adopt or amend policies, procedures, rules, and requirements, including the adoption of a processing fee, to implement and administer the provisions of this growth management program.
B. Annual Residential Building Permit Allocations. The following chart identifies the annual allocation (number of units allowed) in any calendar year and the method for arriving at the annual allocation:
|
Calendar Year |
A Current Year Annual Allocation |
B Bldg Permits Issued in the Calendar Year |
C A - B + 75 = Next Year’s Allocation |
D 5-Year Moving Average |
|---|---|---|---|---|
|
2010 |
75 |
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2011 |
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2012 |
|
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Etc. to 2025 |
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NOTES TO TABLE:
A. Annual allocation is the number of building permits that can be issued in the calendar year.
B. Building permits issued in the calendar year (entered at the end of the calendar year).
C. Annual allocation less permits issued plus seventy-five units for the next year equals the next year’s allocation.
D. Moving average of past five years’ permits, with 2010 being year one of the moving average. Five-year moving average may not exceed three hundred seventy-five units.
C. Exemptions. The following are exempt from regulation by the residential growth management program:
1. Accessory dwelling units as defined in this title and legally exempted under California Government Code Section 65852.2.
2. Reconstruction, partial reconstruction, restoration or additions to existing residential dwelling units that do not result in an increase to the existing number of residential dwelling units.
3. Commercial, professional office, industrial or other nonresidential projects.
4. Community care facilities, homeless shelters, healthcare facilities, elder care facilities, nursing homes, and sanitariums.
D. Allocation Procedures.
1. Issuance of building permits shall be allowed by the planning director until the annual allocation has been fully exhausted. The planning director may determine if allocations will be issued daily, weekly, monthly, or at some other interval.
2. If there is an application for an affordable housing project, and the planning director determines that building permits for that project may be issued within the calendar year, the planning director may reserve enough units in the allocation to allow building permit issuance for that project.
3. If there are applications for permits for land which was within the city limits as of May 13, 2009, permits for such land shall be issued prior to permits issued for lands which were outside the city limits as of May 13, 2009.
4. If a building permit with an allocation expires, the allocation for that permit shall be added back to the allocation process. (Ord. 714-2017 § 4 (Exh. D), 2017: Ord. 698-2015 § 3 (Att. 1) (part), 2015)