Chapter 18.03
LAND USE PERMITS AND APPROVALS
Sections:
18.03.020 Development review process.
18.03.030 Revocation or modification of permits, licenses or approvals.
18.03.050 Public hearing and notification procedures.
18.03.060 General plan amendment.
18.03.080 Amendment to zoning ordinance and map.
18.03.090 Preliminary development plan.
18.03.100 Precise development plan.
18.03.110 Conditional use permit.
18.03.150 Design review—Major and minor.
18.03.160 Historic design review.
18.03.170 Planned sign program and administrative sign permit.
18.03.190 Home occupation permit.
18.03.200 Hosted vacation rental registry.
18.03.010 Purpose and intent.
These provisions are intended to prescribe the procedure for filing applications for permits, amendments, approvals, and appeals when required or permitted by this title. These provisions are intended to provide the framework by which applications are processed, evaluated and approved by the city of Cloverdale. (Ord. 723-2018 § 4 (Exh. B) (part), 2018: Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.020 Development review process.
This section provides procedures and requirements for the preparation, filing and processing of applications for the planning permits required by this title. Table 18.03.100 lists the various applications and the approval authority.
A. Preapplication Review. A prospective applicant is encouraged to request a preapplication conference with planning staff before permit application submittal. The purpose of the conference is to inform the applicant of city requirements as they apply to the proposed project, review the city’s approval process, discuss possible project alternatives or modifications, and to identify the information and materials the city will require with the application. Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project. Any failure by staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.
B. Application Submittal.
1. Applications may only be filed by the owner of the subject property or another person with the written consent of all owners of the property.
2. All applications filed as provided by this title shall be on forms provided by the planning department and accompanied by a filing fee as established by resolution of the city council. Applications shall not be deemed complete until all fees, maps and other documents required at the time of filing of the application have been submitted, and no processing shall commence until the fees are paid in full. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation deemed necessary to make an environmental determination pursuant to Public Resources Code Section 21080.1. It is the responsibility of the applicant to provide information in support of any required findings for approval.
3. At the discretion of the planning director, or where otherwise required by this title or other city ordinance, resolution or regulation or by state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
4. Pursuant to Government Code Section 65943, the applicant shall be informed in writing no later than thirty calendar days after filing whether an application for a development project is complete and has been accepted for processing or that the application is incomplete and additional information, specified in the letter, is needed. Legislative actions are not subject to the thirty-day time limit.
5. Where the planning director has determined that an application is incomplete, but the applicant believes that the application is complete and/or that the information required by the planning director is not required, the applicant may appeal the determination in compliance with the provisions of Section 18.03.040.
6. If an applicant fails to provide the additional information specified in the planning director’s letter within six months after the first filing with the planning department, the application shall expire and be deemed withdrawn. The planning director may grant one six-month extension if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, project approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.
C. Additional Information. The planning director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct, or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The planning director may also request any additional information needed to prepare adequate environmental documentation pursuant to the CEQA and any applicable CEQA guidelines. The submittal of the additional information shall occur within six months from the time of the planning director’s letter notifying the applicant that additional information is requested. If the information is not submitted within the six-month period, the planning director shall schedule the application for review and decision by the review authority with a recommendation for project denial. One six-month extension may be granted if requested in writing by the applicant prior to the end of the six-month submittal period.
D. Environmental Review. No permit, license or approval shall be granted pursuant to this title prior to the completion and/or certification of applicable environmental documentation pursuant to the CEQA.
E. Consideration of Concurrent Applications. Where original approval authority rests with the planning director for projects being processed pursuant to the provisions of this title, and one or more related permit, license or other entitlement required for the same project requires the approval of the planning commission or city council and is being processed concurrently, then to provide for efficient project review and approval, the planning director shall make a recommendation to the planning commission or city council, as applicable, for consideration and action by such body together with such permit, license or other entitlement concerning such project as requires the action of such body.
Where original approval authority rests with the planning commission for projects being processed pursuant to the provisions of this title, and one or more related permit, license or other entitlement required for the same project requires the approval of the city council and is being processed concurrently, then to provide for efficient project review and approval, the planning commission shall make a recommendation to the city council for consideration and action by the city council together with such permit, license or other entitlement concerning such project as requires the action of the city council.
F. Effective Date of Decision. A decision that is subject to appeal shall not become effective for ten consecutive calendar days following the action by the appropriate decision-making body in order to allow time for the filing of an appeal.
G. New Applications Following Denial. Following the denial of an application, no application for the same or substantially the same use on the same site shall be filed within one year from the effective date of the denial unless denied without prejudice.
H. Approval to Extend with Land or Applicant. Unless otherwise specified, all permits, licenses and approvals granted pursuant to this title shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of home occupation permits and listings on the hosted vacation rental registry, which shall be personal to the applicant and not transferable.
I. Expiration of Approvals and Extensions of Time.
1. Expiration dates are shown in Table 18.03.100. Project or entitlement approvals will expire as indicated in Table 18.03.100 unless a building permit is issued in compliance with the approved entitlement, and substantial construction is commenced and diligently pursued toward completion or a certificate of occupancy is issued.
A one-year extension of time may be issued for projects or entitlements described in this chapter upon written request prior to expiration. Extension approval shall be granted by the final approving authority unless the conditions of approval give the extension authority to another deciding body. Extension requests for projects not subject to the Subdivision Map Act shall only be considered if the written request for the extension is filed with the planning director prior to the approval expiration date. No more than two one-year extensions may be granted. Extension requests for entitlements subject to the Subdivision Map Act shall only be considered if the written request for the extension is filed prior to the expiration of the parcel map, tentative subdivision map or vesting tentative subdivision map, as provided for and subject to the limitations of the Subdivision Map Act and the subdivision ordinance of the city of Cloverdale.
2. In order for an extension to be granted, the approving authority shall find:
a. The permit holder has documented good faith effort to commence work or use;
b. It is in the best interest of the city to grant the extension;
c. There are no substantial changes to the project or the circumstances under which the project is undertaken and no new information of substantial importance that would require further environmental review pursuant to CEQA.
In granting an extension pursuant to this subsection, the approving authority may modify the conditions of approval as deemed necessary to fulfill the purposes of this title.
|
Type of Application |
Public Hearing Required? |
Approval Body and Action1 |
Sets of Labels Required |
Public Notice Radius |
Approval Expiration Date |
|---|---|---|---|---|---|
|
General Plan Amendment |
Yes |
PC—Resolution CC—Resolution |
3 |
300' |
N/A |
|
Specific Plan |
Yes |
PC—Resolution CC—Resolution and Ordinance |
3 |
300' |
Per State Law |
|
Zoning Ordinance or Map Amendment |
Yes |
PC—Resolution CC—Ordinance |
3 |
300' |
N/A |
|
Preliminary Development Plan |
Yes |
PC—Resolution CC—Resolution |
3 |
300' |
2 years2 |
|
Precise Development Plan |
Yes |
PC—Resolution CC—Resolution |
3 |
300' |
2 years |
|
Conditional Use Permit |
Yes |
PC—Resolution |
2 |
300' |
2 years |
|
Plot Plan Review |
No |
Planning Director Letter |
— |
— |
2 years |
|
PUD Permit |
Yes |
PC—Resolution |
2 |
300' |
2 years |
|
Variance |
Yes |
PC—Resolution |
2 |
300' |
2 years |
|
Design Review—Major |
No |
PC—Resolution |
— |
— |
2 years |
|
Design Review—Minor |
No |
Planning Director Letter |
— |
— |
2 years |
|
Historic Design Review |
No |
Planning Director Letter |
— |
— |
2 years |
|
Planned Sign Program |
Yes |
PC—Resolution |
2 |
300' |
2 years |
|
Administrative Sign Permit |
No |
Planning Director Letter |
— |
— |
2 years |
|
Minor Exception |
No |
Planning Director Letter |
— |
— |
2 years |
|
Home Occupation Permit |
No |
Planning Director Letter |
— |
— |
2 years |
|
Vesting Tentative Map |
Yes |
PC—Resolution CC—Resolution |
2 |
300' |
|
|
Tentative Map |
Yes |
PC—Resolution |
2 |
300' |
|
|
Final Map |
No |
CC—Resolution |
— |
— |
N/A |
|
Lot Line Adjustment |
Yes |
Planning Director Letter |
2 |
300' |
N/A |
|
Lot Merger |
Yes |
Planning Director Letter |
2 |
300' |
N/A |
|
Reversion to Acreage |
Yes |
CC—Resolution |
2 |
300' |
N/A |
|
Cert. of Compliance |
No |
Planning Director Letter |
— |
— |
N/A |
1. Does not include concurrent processing of applications. See Section 18.03.020(E).
2. A preliminary development plan expires within two years unless a precise development plan is filed for a single-phase project or for any phase of a multi-phase project.
(Ord. 723-2018 § 4 (Exh. B) (part), 2018; Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.030 Revocation or modification of permits, licenses or approvals.
A. Purpose and Intent. In order to protect the public health, safety, and welfare, and in order to enforce the provisions of this title, it may, from time to time, become necessary to revoke or modify a previously approved permit, license or approval. The purpose of this section is to provide a process for revoking or modifying permits which protects the public health, safety, and welfare, as well as the rights to due process of permit holders within the city.
B. Authority. The planning commission is authorized to revoke or modify any permit, license or approval, subject to the appeal provisions of Section 18.03.040. A public hearing pursuant to Section 18.03.050 shall be required for revocation of permits.
C. Initiation of Revocation or Modification. Revocation or modification may be initiated by a majority vote of the planning commission or city council or by the city manager in response to citizen complaints or other information which relates to one or more of the findings set forth in subsection E of this section.
D. Notification and Time Limits for Correction.
1. The planning director shall notify the permit holder in writing of pending revocation/modification and shall state specifically the reasons for revocation/modification. A public hearing before the planning commission shall be set pursuant to the provision of Section 18.03.050 and notice shall be given to the applicant.
2. In taking action to revoke/modify a permit, the planning commission shall have discretion to set an effective date of the revocation/modification, in order to allow the permit holder adequate and appropriate time in which to make corrections deemed necessary by the planning commission.
E. Required Findings. A permit subject to revocation/modification pursuant to the provisions of this section may be revoked or modified by the planning commission if any one of the following findings is made:
1. That the permit was obtained by misrepresentation or fraud.
2. That the conditions of the permit have not been met or the use granted in the permit granted is being or has been substantially expanded or substantially changed in character or otherwise exercised contrary to the terms of the approval or in violation of any statute, ordinance, law, or regulation.
3. That the continuation of a permit, license or approval would be detrimental to the health, safety and general welfare of the people in the immediate area of the use or would be detrimental to property and improvements in the immediate area of the use, or to the public health or safety, or to the general welfare of the city. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.040 Appeals.
A. Appeal of Action.
1. Any affected person may appeal a decision of the planning director or community development director to the planning commission. A decision of the planning commission on such appeal may be further appealed to the city council, whose decision shall be final.
2. Once an appeal is filed, the appellate body’s authority to review the decision being appealed is not limited to the original reason stated for the appeal. The planning commission or city council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken on the application or project, and are not limited to the reason stated for the appeal.
B. Filing of Appeals.
1. Appeals shall be in writing on a form obtained from the planning department (for appeals to planning commission) or city clerk (for appeals to city council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within three hundred feet of the project being appealed, unless otherwise provided in this title.
2. An appeal of a community development director action shall be filed with the clerk of the planning commission within ten consecutive days following the date of action for which an appeal is made.
3. An appeal of a planning commission decision shall be filed in the office of the city clerk and with the planning director within ten consecutive days following the date of action for which an appeal is made.
C. Appeal Hearings. Public notice of an appeal hearing shall be given in the same manner as set forth for public hearings, Section 18.03.050. A hearing date shall be set within thirty days of the filing of the appeal form and necessary materials. In hearing an appeal, the appeal body may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.
D. Effective Date of Appealed Actions. The filing of an appeal shall suspend any approval or entitlement granted pursuant to an approval and all work, establishment of any affected structure or institution of use pursuant to the approval or entitlement appealed until the final determination of the appeal. (Ord. 727-2019 § 4(B) (Exh. B), 2019: Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.050 Public hearing and notification procedures.
A. Purpose. This section defines procedures for conducting public hearings for applications when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title.
A public hearing shall be held prior to action by the planning commission or city council when required by state law or local ordinances, resolutions, guidelines, or policies.
B. Notice of Hearings. The planning director is authorized to advertise and notice planning commission public hearings when and as required by this title, including but not limited to this section and Table 18.03.100. The city clerk is authorized to advertise and notice city council public hearings when required by this title. Unless otherwise required by state law, all public hearings shall be advertised in a newspaper of local circulation at least ten days in advance of the hearing. The notice shall state a general description of the project, its location, the applicant’s name, and the time and place of the hearing and shall invite public comment. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.060 General plan amendment.
A. Purpose and Intent. The purpose of this section is to provide a method for amending the general plan, as provided for in state law, to ensure its continued effectiveness.
B. Authority. The city council is authorized to approve general plan amendments. The planning commission shall provide recommendations to the city council regarding general plan amendments. Public hearings shall be required pursuant to the provisions of Section 18.03.050.
The city council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan, and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other plans.
C. Initiation of Amendments to the General Plan. An amendment to the general plan or any element thereof may be initiated by any of the following actions:
1. A majority of the city council or planning commission.
2. The filing of an application from a property owner or his/her authorized agent, or any affected party. If the property for which a general plan amendment is proposed has more than one owner, all the owners or their authorized agents shall join in filing the application.
D. Findings for General Plan Amendments. The planning commission may recommend and the city council may approve a request for a general plan amendment; provided, that all of the following findings are made:
1. The proposed amendment would not make the general plan internally inconsistent;
2. The proposed amendment would not be detrimental to the public health, safety, or welfare of the city; and
3. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments.
E. Restriction on Number of Amendments. Except as otherwise provided in state law no mandatory element of the general plan shall be amended more frequently than four times during any calendar year. Each amendment may include more than one change to the general plan. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.070 Specific plan.
A. Purpose and Intent. Specific plans prepared pursuant to California Government Code Section 65450 et seq. are a significant tool to implement the general plan, as well as an inducement to the development of large-scale mixed use developments desired by the city. The purpose of this section is to provide a method for reviewing and approving a specific plan with customized development and use regulations.
B. Authority. The city council is authorized to approve specific plans. The planning commission shall provide recommendations to the city council regarding specific plans. Public hearings shall be required pursuant to the provisions of Section 18.03.050.
C. Applicability. This section shall apply to the properties designated in the Cloverdale general plan land use element as requiring preparation of a specific plan and to any other project site for which the applicant believes that implementation of a specific plan will benefit the project and the city.
All specific plan applications shall be accompanied by a zone change application requesting a change from the existing zoning district to the specific plan zoning district. A specific plan shall conform to the policies of the general plan designation for the area. The minimum size for a specific plan shall be five acres. Smaller parcels may be combined in an application to meet minimum qualification for land area.
D. Submittal Requirements. A specific plan application shall include the following information:
1. Identification of the geographical area where zoning district standards and subarea standards shall apply.
2. Description of the intent and character of area development.
3. Identification of environmental mitigation measures and important features to be preserved.
4. Identification of uses permitted and uses requiring conditional use permits.
5. Identification of street and right-of-way standards and easements for provisions of utilities and pathways.
6. Identification of standards for weight and bulk, setback, parking, lot size, percentage of open space and type of landscaping.
E. Findings. The city council may approve or conditionally approve a specific plan; provided, that all of the following findings are made:
1. The specific plan is consistent with the goals and policies of the city’s general plan.
2. The specific plan is consistent with the adopted county airport land use plan.
3. The specific plan meets the content requirements set forth in California Government Code Section 65450. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.080 Amendment to zoning ordinance and map.
A. Purpose and Intent. This section establishes the procedures for amending this title and the zoning map. The amendment process is necessary to provide and ensure consistency between this title and the general plan and state law, to increase the effectiveness of this title, and to improve clarity in implementing general plan goals and objectives.
B. Authority. Authority for approval of amendments to this title, including amendments to the zoning map, shall be vested in the city council. The planning commission shall provide recommendations to the city council regarding such amendments. Public hearings shall be required pursuant to the provisions of Section 18.03.050. Amendments that are not consistent with the general plan must be accompanied by a general plan amendment application.
C. Initiation of Amendments to Zoning Districts and This Title. An amendment to zoning districts or other provisions of this title may be initiated by any of the following actions:
1. A majority of the city council or planning commission.
2. The filing of an application from a property owner or his/her authorized agent or any affected party. If the property for which an amendment is proposed has more than one owner, all the owners or their authorized agents shall join in filing the application.
D. Pre-Zoning.
1. For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city of Cloverdale, but within the sphere of influence, may be classified within one or more zoning districts in the same manner and subject to the same procedural requirements as prescribed herein for properties within the city.
2. Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to identify each zoning district(s) applicable to such property with the label of “Pre-,” in addition to such other map designation as may be applicable.
E. Findings. The planning commission may recommend and the city council may approve a zoning ordinance amendment or zoning map amendment; provided, that all of the following findings are made:
1. The proposed amendment is consistent with the adopted general plan.
2. The proposed amendment is internally consistent with other applicable provisions of this title.
3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.
4. The site is suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning district and anticipated land uses/developments.
F. Recordation of Zoning Map Amendments. A change in zoning district boundaries shall be indicated by revising the zoning map and by listing on the zoning map the number of the ordinance amending the map. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.090 Preliminary development plan.
A. Purpose and Intent. The preliminary development plan process is intended for master planning of PD zoned sites that will be developed in phases.
B. Authority. A preliminary development plan shall be adopted by resolution of the city council after recommendation by the planning commission. Public hearings shall be required pursuant to the provisions of Section 18.03.050. A preliminary development plan shall be consistent with the general plan.
Approval of the preliminary development plan shall be limited to the general acceptability of the land uses and densities proposed and their interrelationships and shall not be construed as approval of the precise location of uses, configuration of parcels or engineering feasibility.
C. Findings. The city council may approve or conditionally approve a preliminary development plan; provided, that all of the following findings are made:
1. The proposed development, or a major phase thereof, can be substantially completed within a period of six years;
2. If phased, each individual phase of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability and the proposed uses will be harmonious with present uses in the vicinity;
3. The proposed density of development will not exceed the general plan densities for the entire site under consideration;
4. The project will continue the development pattern of adjacent residential neighborhoods without abrupt change and will not have a significant adverse effect on traffic patterns, views and/or land use in adjacent residential neighborhoods;
5. Existing or proposed utility services are adequate to serve the proposed development and adequate fire protection can be provided; and
6. The use and development of the property conforms to the general plan and that any deviation from this title will not compromise the public health, safety and general welfare or objectives of the general plan.
D. Amendments and Expiration. Amendments to an approved preliminary development plan shall be subject to the same procedures as that for a conditional use permit.
Failure to file a precise development plan for a single-phase project or any phase of a multiple-phased project within two years of the date of approval or conditional approval of the preliminary development plan shall terminate all proceedings; provided, that upon application for an extension filed not less than thirty days prior to the expiration date, the planning commission may grant an extension of one year, which extension may be renewed upon reapplication to the planning commission for a period not to exceed one additional year. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.100 Precise development plan.
A. Purpose and Intent. The precise development plan is the entitlement under the PD zoning district which approves a project or a phase of a project. The precise development plan process provides a greater level of detail and review of a “planned development” and follows the approval of a preliminary development plan. The precise development plan examines the precise location of uses, configuration of parcels and design of public improvements.
Only a precise development plan is required for projects to be processed in a single phase.
B. Authority. A precise development plan shall be adopted by resolution of the city council after recommendation by the planning commission. Public hearings shall be required pursuant to the provisions of Section 18.03.050.
Application for a precise development plan shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a precise development plan, separate application, review, and findings shall be made in accordance with the provisions of the Subdivision Map Act and Title 17.
C. Design Review Required. Application for a precise development plan shall include all of the submittals required for design review. In addition, the application may require a visual simulation showing how the design of buildings will relate to roadways, surrounding off-site development and/or significant natural features on the site. Design review pursuant to the provisions of Section 18.03.150 shall be required for any proposed development.
D. Conditions of Approval. In granting a precise development plan, the city council shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the general plan. The city council may also impose conditions as may be deemed necessary to achieve these purposes.
E. Findings. The city council may approve a request for a precise development plan only if all of the following findings of fact are made:
1. The proposed development is consistent with the goals, objectives, and programs of the general plan and any applicable specific plan.
2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required.
3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways.
4. Adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety, or welfare.
5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area.
6. The improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire, and slope hazards.
7. The proposed development carries out the intent of the planned development provisions by providing more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards.
8. If clustered housing is proposed, the result of clustering residential units is a more desirable and environmentally sensitive development plan which creates usable open space areas for the enjoyment of project residents and which preserves significant environmental features.
D. Amendments and Expiration. Amendments to any elements of an approved precise development plan shall occur in the same manner set forth for a conditional use permit.
The precise development plan and any other permits approved in conjunction with the proposed development shall expire two years after the date of approval or conditional approval if no building permits have been issued; provided, that upon application for an extension filed not less than thirty days prior to the expiration date, the planning commission may grant an extension of one year, which extension may be renewed upon reapplication to the planning commission for a period not to exceed one additional year. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.110 Conditional use permit.
A. Purpose and Intent. A conditional use permit process is intended to allow uses that are generally consistent with the purposes of the zoning district in which they are proposed, but require special consideration because of their special impacts, to ensure that the use can be designed, located and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The review shall consider location, design, configuration and special impacts with respect to applicable policies, standards and criteria to determine whether adverse impacts can be sufficiently minimized through specific conditions and requirements so as to permit the use on a particular site.
B. Authority. The planning commission is authorized to approve conditional use permits, subject to the appeal provisions of Section 18.03.040. The planning director shall provide recommendations to the planning commission regarding conditional use permits. Public hearings shall be required pursuant to the provisions of Section 18.03.050.
Where a structure which is the subject of a conditional use permit application has historic value as identified in the open space and conservation element of the general plan, and the granting of the application would tend to encourage the preservation of the structure or tend to make preservation economically feasible, it is the policy of the city that such permit be granted unless there is substantial evidence that the intended use would be contrary to or substantially inconsistent with the general objectives of this title or the public peace, health, welfare or safety.
C. Design Review Required. Conditional use permit applications involving new construction or any changes to the exterior of an existing building shall also be subject to the design review procedures outlined in Section 18.03.150.
D. Findings. The planning commission may approve or conditionally approve a conditional use permit application in whole or in part only if it can make all of the following written findings:
1. The proposed use is permitted within the subject zoning district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Cloverdale general plan, and the development policies and standards of the city.
2. The proposed use would not impair the integrity and character of the zoning district in which it is to be established or located.
3. The site is suitable for the type and intensity of use or development that is proposed.
4. There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity.
If a conditional use permit to allow residential uses on the ground floor in commercial zoning districts is proposed, the following additional finding must be made:
6. The residential use does not detract from the primary commercial use of the property or interrupt the continuity of business use in a commercial area.
E. Conditions of Approval. In granting a conditional use permit, the planning commission shall require that the use and development of the property conform with a site plan, architectural drawings, and/or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the general plan. In addition, conditions of approval for a conditional use permit may be imposed as necessary to enable the planning commission to make all of the required findings, including but not be limited to:
1. Requirements for open space, fences, walls, and screening buffers;
2. Requirements for landscaping and erosion control measures, including maintenance thereof;
3. Requirements for dedications and street improvements;
4. Regulation of vehicular ingress and egress and traffic circulation; and
5. Regulation of hours of operation.
F. Revisions/Modifications. Revisions or modifications of conditional use permits may be requested by the applicant. Further, the planning commission may periodically review, modify, or revoke a conditional use permit.
1. Revisions/Modifications Requested by Applicant. A revision or modification to an approved conditional use permit, such as, but not limited to, change in conditions of approval, expansions, intensification, location, or hours of operation, may be requested by an applicant. The applicant shall supply necessary information, as determined by the city, to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.
2. Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner that is not detrimental to the public health, safety, or welfare, or that unreasonably interferes with the use and enjoyment of properties in the vicinity. If, after review, the planning commission deems there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the permit pursuant to the provisions of Section 18.03.030.
G. Discontinuation of Use. If the operation of a use which has been approved by conditional use permit is abandoned or discontinued for a period of one hundred eighty days (six months), the use shall not be reestablished without permit approval granted in conformity with the regulations of the zoning district in which it is located. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.120 Plot plan review.
A. Purpose and Intent. Where plot plan review is required by this title, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Plot plan approval is required when a development or use of land is listed in a particular zoning district as “permitted subject to plot plan review.” Plot plan approval enables issuance of a building permit under the municipal code or the establishment of a land use that does not require a building permit but is still subject to the standards of this chapter.
B. Authority. The planning director is authorized to approve plot plan reviews, subject to the appeal provisions of Section 18.03.040. The planning director may forward the application to the planning commission for its review and approval. If forwarded to the planning commission, a public hearing shall be required pursuant to Section 18.03.050.
C. Findings. Plot plan review may be approved only if all of the following findings of fact can be made by the planning director or planning commission:
1. The proposed project is consistent with the goals, objectives, policies and programs of the Cloverdale general plan.
2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare.
3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
D. Conditions of Approval. In approving a plot plan review, the planning director or planning commission shall require that the use and development of the property conform with a site plan and/or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the general plan.
E. Discontinuation of Use. If the operation of a use which has been approved by plot plan review is abandoned or discontinued for a period of one hundred eighty days (six months), the use shall not be reestablished without permit approval granted in conformity with the regulations of the zoning district in which it is located. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.130 PUD permit.
A. Purpose. The purpose of the PUD permit is to allow freedom of design in order to obtain development which will be an asset to the city because it results in a use of land and a physical environment which equals or surpasses the quality of development that would be required by regulations otherwise applicable to the zoning district in which a property is located. The PUD permit is intended for use on small parcels that do not meet the minimum acreage provision for a planned development district.
A PUD permit is allowed in the DTC, TOD, O-R, R-R, R-1 and R-2 zoning districts in order to better serve the intent of those zoning districts, to provide for pedestrian-oriented development in the downtown area and to protect the existing built environment. PUD permit standards are set forth in Sections 18.04.060 and 18.05.050.
B. Authority. The planning commission is authorized to approve PUD permits, subject to the appeal provisions of Section 18.03.040. A public hearing pursuant to Section 18.03.050 shall be required. PUD permit applications shall be subject to conditional use permit application procedures.
C. Design Review Required. PUD permits for new construction or any changes to the exterior of an existing building shall be subject to the design review procedures outlined in Section 18.03.150.
D. Findings. The planning commission may approve or conditionally approve a PUD permit application, in whole or in part, only if it can make all of the following written findings:
1. The proposed use is permitted within the subject zoning district pursuant to the provisions of this section and is in conformance with the goals, objectives and densities of the Cloverdale general plan.
2. The proposed project results in a use of land and a physical environment which equals or surpasses the quality of development that would be allowed under the regulations otherwise applicable to the zoning district in which the project is located.
3. The site is suitable for the type and intensity of use or development that is proposed.
4. There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity.
E. Conditions of Approval. In granting a PUD permit, the planning commission shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the general plan.
F. Revisions/Modifications. Revisions or modifications of PUD permits may be requested by an applicant. The applicant shall supply information necessary, as determined by the city, to indicate reasons for the requested change. The requested revision or modification shall be subject to the same procedures as revisions to a conditional use permit. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.140 Variance.
A. Purpose and Intent. The purpose of this section is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property, such as size, shape, topography, or location, deprive such property of privileges enjoyed by similar properties in the vicinity and in the same zoning district (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.
B. Authority. The planning commission is authorized to grant variances, subject to the appeal provisions of Section 18.03.040. The planning director shall provide recommendations to the planning commission regarding variance requests. A public hearing pursuant to the provisions of Section 18.03.050 shall be required.
Variances may be granted with respect to dimensional and other development standards, including, but not limited to, standards or requirements in this title applicable to walls; fences; screening and landscaping; signs; site area; width and depth; coverage; front, side, and rear yards; height of structures; usable open space; and on-street and off-street parking and loading facilities. In approving a variance, the planning commission may impose reasonable conditions. Variances may not be granted to allow uses or activities that this title does not expressly allow in the zone in which the property is located.
C. Findings. The planning commission may approve a variance application only if it can make all of the following findings:
1. That special circumstances exist with respect to the property in question, including, but not limited to, size, shape, topography, location or surroundings, such that strict interpretation and enforcement of this title would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title.
2. That the special circumstances were not created by the owner or applicant.
3. That strict interpretation and enforcement of this title would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the identical zoning classification.
4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.
If a variance to the parking regulations prescribed in Chapter 18.11 is proposed, the following additional finding must be made:
5. The granting of the requested variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic or displace public parking for commercial and residential uses.
D. Conditions of Approval. In granting a variance, the planning commission shall require that the development of the property conforms with a site plan and/or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the general plan. In addition, conditions of approval for a variance may be imposed as necessary to enable the planning commission to make all of the required findings. Such conditions of approval may include, but are not limited to:
1. Requirements for open spaces, fences, walls, and screening buffers;
2. Requirements for landscaping and erosion control measures, including maintenance thereof;
3. Requirements for dedications and street improvements;
4. Regulation of vehicular ingress and egress and traffic circulation;
5. Other conditions that the planning commission deems necessary to ensure compatibility with surrounding uses, to preserve the public health, safety or welfare. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.150 Design review—Major and minor.
A. Purpose and Intent. The city of Cloverdale is a city with unique characteristics, and the design review process is intended to protect the city’s spectacular natural vistas and dynamic natural features as well as to preserve the scale and character of established older neighborhoods and the city’s downtown. Design review is also intended to promote high-quality design and well-built and maintained buildings, landscaping and public amenities in order to further the relationship between the appearance of buildings and structures, property values and the taxable value of property in the city.
1. The design review process is intended to implement general plan objectives and policies through the following:
a. Design standards contained in Chapter 18.10;
b. Residential, commercial and industrial design guidelines; and
c. Documents that stipulate standards and regulations governing design.
2. Design review shall ensure that the following standards are met:
a. The location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding sites, structures, and streetscapes.
b. The proposed design produces harmonious transitions in both the scale and character of development between adjacent land uses.
c. Site access and circulation thereon is safe and convenient for pedestrians, bicyclists and vehicles.
d. Sensitive areas, structures, and sites are designed to respect notable features of the project site.
e. Building, site and architectural design is accomplished in an energy efficient manner.
f. Materials, textures, colors, and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring structures and functions.
g. Development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use.
h. The amount and arrangement of open space and landscaping conforms to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site, and surrounding area.
i. The design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual harmony between signs and surrounding developments.
j. Excessive and unsightly grading of hillsides does not occur, and to ensure the preservation of the character of natural landforms and existing vegetation is preserved where feasible.
k. Excellence in architectural design is maintained in order to enhance the visual environment of the city and protect the economic value of existing structures.
l. Historically significant structures and sites are developed in a manner consistent with their historic values.
m. The public health, safety, convenience, comfort, prosperity, and general welfare are protected.
n. Development plans comply with applicable policies, standards, ordinances, and design guidelines.
o. Outdoor lighting complies with the requirements of Section 18.09.050.
B. Authority. The planning commission is authorized to approve design review applications or make recommendations to the city council. Design review applications shall be approved by the decision-making body acting on the permit or approval requiring design review pursuant to this title. The planning director may approve minor design review applications without requesting a recommendation from the planning commission.
C. Design Review Required.
1. Design review shall be required for new construction, building remodeling which changes the exterior appearance and is visible from the street or sidewalk, and the installation of awnings or similar features attached to the exterior building facade that require a building permit for the land uses and areas listed below. See also Chapter 18.09 which contains development standards for specific uses that may also require design review.
a. All commercial buildings;
b. All industrial buildings;
c. Any property fronting on Cloverdale Boulevard;
d. Any property fronting on Highway 101;
e. New housing with five or more units on a parcel; and
f. Transitional housing.
2. The levels of design review are as follows:
a. Conceptual. Review by the planning commission or planning director for the purpose of providing the applicant with the authority’s tentative reaction to the general design concept of a proposed project. Such review shall not include a formal decision on the application by the decision-making authority.
b. Minor. Minor changes to the exterior of existing nonresidential buildings that require a building permit, including awnings, a change of use in a nonresidential building and site not involving substantial site changes (the latter determination will be made at the time of business license application).
c. Major.
i. Commercial, industrial, office and residential projects (five or more residential units per site) which involve the development of vacant land with site and building improvements or substantial changes or additions to a previously developed site;
ii. Applications involving a change of use that requires substantial changes to the site and proposals for exterior building modifications;
iii. Projects subject to development approval by the planning commission, such as subdivisions, precise development plans, conditional use permits, PUD permits, and variances;
iv. Projects subject to the California Environmental Quality Act.
D. Submittal and Review Requirements. Whenever a permit or approval requires design review pursuant to this title, an applicant shall file the appropriate application with the planning department.
E. Findings. The planning commission, city council, or planning director, when authorized, may approve a design review request only if all of the following findings of fact can be made:
1. The proposal is consistent with the general plan, any applicable specific plan and the provisions of this title, including but not limited to development standards and design review standards for the zoning district in which the property is located.
2. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. (Ord. 753-2023 § 4 (Exh. A), 2023; Ord. 714-2017 § 4 (Exh. E), 2017: Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.160 Historic design review.
The goal of historic design review is to preserve historic and older buildings, so that visitors and residents can understand the city’s history and development. The historic design review provisions preserve information about the city’s past by retaining the historic designs, materials, and construction techniques used to build historic and conservation buildings.
A secondary goal of historic design review is to maintain the character of the older neighborhoods; therefore, any design review required on sites adjoining or near a historic or conservation structure should be reviewed for compatibility with historic or conservation structures.
A. Applicability. The historic design review provisions affect two levels of historic resources—conservation structures and historic structures. Historic design review shall be required for new construction or alteration of an historic or conservation structure.
B. Authority. Where historic design review approval is requested in conjunction with another permit, the approval body shall be as set forth in Table 18.03.100. Where considered alone, the planning director may approve historic design review applications.
C. Design Review for Conservation Structures.
1. Prior to design review approval, an historic report shall be prepared using the Sanborn Map, historic photographs, and existing historic evaluations (such as the historic analysis of the Cloverdale Boulevard project). If no studies or photographs are available, a best estimate of original design and materials shall be prepared and noted on a current photograph based on elements of the structure that remain and have not been altered.
2. Guidelines for Historic Design Review.
a. The pre-1939 structure or remaining portions of the pre-1939 structure is the primary element to be conserved or preserved.
b. Where additions are proposed to a conservation or historic structure, the additions shall be secondary to the pre-1939 building elements. If the original structure is one story, appropriate additions would be one story, or a second story located to the rear of the building in a manner that does not detract from the pre-1939 building elements. Design of any addition should be based on features, elements, and materials of the pre-1939 portion of the building, should not introduce design materials common to other historic eras and should not be more ornamental than existing elements.
c. For conservation structures, the goal is to preserve the front and sides of the buildings. Rear elements can be modified.
d. Identified pre-1939 materials should be preserved and repaired if possible rather than replaced. If a portion of pre-1939 element (e.g., wall, railing, window, siding, porch, etc.) is damaged beyond repair, it is preferable to repair the damaged portion with like materials, rather than replace the entire element. If the element in its entirety is damaged beyond repair, the repairs should be made with materials that match or are a substantial match with the original element.
e. Roof replacement shall be appropriate to the pre-1939 structure. In general, the appropriate roofing for residential structures would be the same as roofing installed when the building was constructed or would closely approximate the historic roofing materials and be in keeping with the architectural style of the structure. Where roof replacement is designed for energy conservation or water catchments, alternative materials that most closely approximate the historic roofing materials may be used.
f. Pre-1939 windows should be repaired and preserved, rather than replaced. A primary goal is to preserve original windows on the front and front half of each side of the structure. If replacement windows are necessary, it is preferable to place them within existing pre-1939 frames. If a majority of windows must be replaced, one or more pre-1939 windows should be retained as an example of the appropriate window for the structure.
D. Design Review for Historic Structures. If the structure is listed on the national or state register, the Secretary of the Interior’s Standards for Rehabilitation of Historic Structures shall apply. If the structure is on a local list, the design review standards for conservation structures shall apply to all elevations of the structure.
E. Designation of Locally Significant Historic Structures and Conservation Districts. After recommendation by the planning commission, the city council may, by resolution, designate a local structure as a locally significant historic structure or an area with more than fifty percent conservation and historic structures as a conservation district. Public notice to property owners and properties within three hundred feet of the boundaries shall be given and public hearings held at both the planning commission and city council. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.170 Planned sign program and administrative sign permit.
A. Purpose. The purpose of this chapter is to establish regulations for the design, construction, location, and maintenance of signs that balance the need of residents, businesses, visitors, and institutions for adequate identification, communication, and advertising with the objectives of protecting public health, safety, and general welfare and promoting a well-maintained and visually attractive community, consistent with state and federal law.
B. Applicability. The provisions of this chapter apply to signs constructed or physically altered on or after the effective date of the ordinance codified in this chapter in all zoning districts, except as provided below. Nonconforming signs are addressed in Section 18.02.090.
C. Permits Required—Review Process—Expiration. No sign shall be erected, re-erected, constructed or altered (including change of copy or face change), except as provided by this section, unless an administrative sign permit or planned sign program has been issued.
1. Administrative Sign Permit. An administrative sign permit is required for:
a. Downtown sign program signs;
b. Signs on properties with two or less separate permitted uses and a total aggregate sign area of one hundred square feet or less;
c. Monument signs less than eight feet high; and
d. Individual tenant signs within a site or building that has an approved planned sign program.
The planning director is authorized to approve, conditionally approve, or deny an administrative sign permit, subject to the appeal provisions in Section 18.03.040. A public hearing is not required for approval of an administrative sign permit. The planning director may, at his or her discretion, refer an administrative sign permit to the planning commission.
2. Planned Sign Program. A planned sign program is required for any sign request that does not qualify for an administrative sign permit. A planned sign program is a master sign plan for all intended signs for a site or building. The planning commission is authorized to approve, conditionally approve, or deny a planned sign program subject to the appeal provisions in Section 18.03.040. A public hearing pursuant to the provisions of Section 18.03.050 shall be required for approval of a planned sign program.
D. Findings. An administrative sign permit or planned sign program may be approved if the following findings are made:
1. Signs are visually compatible with the building they identify by utilizing materials, colors, or design motif included in the building.
2. Signs are compatible with surrounding land uses and placement, design, and lighting characteristics do not adversely affect surrounding properties.
3. Signs are in accordance with all applicable requirements of this code and other applicable law.
E. Expiration and Time Extension. An administrative sign permit or planned sign program shall expire two years from the date of issuance or a later time specified in writing in the permit, unless the sign has been erected, re-erected, constructed or altered and installed at the sign location prior to the permit expiration date applicable to the permit. Prior to the expiration of an administrative sign permit or planned sign program, the applicant may apply to the planning director for an extension of up to one additional year. The planning director may approve extensions with or without conditions or may deny extensions of the approved sign. Changed circumstances may be one basis for denial of an extension.
F. Applications for Filing. An application for an administrative sign permit or planned sign program shall be made upon forms furnished by the planning director and accompanied by the required fee and working drawings adequate to show the location, construction and design, including colors, materials, lighting, electrical elements, and advertising copy, of the sign in accordance with Chapter 18.12. The application shall include a calculation of the total allowed sign area and total proposed sign area for the site. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.180 Minor exception.
A. Purpose and Intent. In order to provide flexibility within the existing built environment necessary to achieve the objectives of this title, the selected development standards listed below and applicable off-street parking requirements are subject to administrative review and adjustment, in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the general plan and intent of this title.
B. Authority. The planning director may grant a minor exception in accordance with the procedures in this section where there is a justifiable cause or reason, subject to the appeal provisions of Section 18.03.040. Any minor exception granted shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privilege inconsistent with the provisions and objectives of this title. A public hearing shall not be required for granting of a minor exception.
The planning director is limited to granting minor exceptions for the following:
1. Fence Height. In any zoning district, the maximum height of any fence, wall, or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall, or screening in similar circumstances absent such slope or grade difference.
2. Setbacks. In any residential zoning district, the minimum setback may be decreased by not more than ten percent where such decreases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.
3. Lot Coverage. In any zoning district, the maximum allowable lot coverage may be increased by not more than ten percent of the net lot area where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.
4. Height. In any zoning district, the maximum allowable building height may be increased by ten percent. Such increases may be approved only where necessary to significantly improve the site plan or architectural design and where scenic views or solar access on surrounding properties are not affected.
5. Parking. In commercial zoning districts, strict adherence to the parking standards contained in Chapter 18.11 may be waived when a change or expansion in use is proposed in an existing building that does not increase the parking requirement by more than ten percent. Strict adherence to the parking standards for single-family dwellings may be waived when an addition or enlargement of ten percent or less is proposed and it is not feasible to provide sufficient on-site parking on the lot.
C. Findings. The planning director shall make all the following findings prior to approving an application for a minor exception:
1. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship;
2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zoning district;
3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same zoning district;
4. That the granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties under the identical zoning classification and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
5. That the granting of a minor exception is consistent with the objectives and policies of the general plan and this title. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.190 Home occupation permit.
A. Purpose and Intent. The home occupation permit is intended to allow for enterprises that are conducted within homes existing in residential zoning districts and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses.
B. Authority. The planning director is authorized to approve home occupation permits, subject to the standards set forth in Section 18.09.120 and appeal provisions of Section 18.03.040. A public hearing is not required for approval of a home occupation permit. If a home occupation application proposes a use which is controversial or needs further clarification on a policy issue, the planning director may forward the application to the planning commission for their approval.
C. Findings. The planning director or planning commission may approve a home occupation permit application only if all of the following findings of fact can be made:
1. The home occupation permit is in conformance with the Cloverdale general plan and this title.
2. The home occupation will comply with all provisions of this section.
3. The home occupation permit would not be detrimental to the health, safety and general welfare.
4. All necessary licenses and permits, including necessary permits from county health officials, have been obtained by the applicant.
D. Relationship to State Law. In the event that any provision of this chapter conflicts with any requirement of state law relating to cottage food operations or other home occupations, the provisions of state law, including but not limited to Government Code Section 51035 and Health and Safety Code Sections 113758, 113851, 114365, 114365.2, 114365.5, 114365.6, 114390, 114405, and 114409, shall prevail as applied to a cottage food operation which meets the requirements of state law and county regulations. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.03.200 Hosted vacation rental registry.
A. Purpose and Intent. Listing on the hosted vacation rental registry is intended to allow for the use of residential units (dwelling unit or guest quarters) as hosted vacation rentals after it has been determined that such use will be conducted in accordance with the standards set forth in Section 18.09.265.
B. Authority. The planning director is authorized to approve a plot plan review permit in order to list a residential unit on the hosted vacation rental registry subject to the standards set forth in Section 18.09.265 and appeal provisions of Section 18.03.040. A public hearing is not required for approval of a listing on the hosted vacation rental registry.
C. Findings. The planning director may approve a plot plan review permit to list a residential unit on the hosted vacation rental registry only if all of the following findings are made:
1. The owner of the dwelling unit or guest quarters resides on the property.
2. The owner has a valid business license.
3. The residential unit has been inspected by the building inspector and found to be in compliance with all California Building Code and Fire Code requirements applicable to the level of occupancy of the residence.
4. The property owner has provided the city with a mailing list and map inclusive of all property owners within a two-hundred-foot radius of the subject property, and two sets of mailing labels prepared and certified by a title company. The mailing labels include all of the property owners within a two-hundred-foot radius of the subject property. The property owner shall also provide a written notice explaining their intent to use the subject property as a hosted vacation rental and including their contact information with an email address and telephone number by which the property owner can be reached twenty-four hours a day when the unit is being rented.
5. The property owner of the residential unit has acknowledged reading all regulations pertaining to the operation of hosted vacation rentals, including the standards set forth in Section 18.09.265, and the city’s transient occupancy tax requirements and agrees to comply with those regulations.
D. Registration Term. Listing on the registry shall be for a two-year term and may be renewed by filing a completed renewal application.
E. Removal from the Registry. The planning director may remove a residential unit from the registry at any time if the planning director determines any of the following:
1. There was a material misrepresentation on the application which, if not made, would have resulted in the application for listing on the registry to be denied.
2. The applicant who listed the residential unit on the hosted vacation rental registry no longer resides on the property.
3. The use of the residential unit as a hosted vacation rental has been conducted in a manner which violates the standards set forth in Section 18.09.265.
Upon a determination by the planning director that a residential unit will be removed from the hosted vacation rental registry, written notice shall be sent to the property owner of that fact. The decision to remove a residential unit from the hosted vacation rental registry shall be subject to the appeal provisions of Section 18.03.040. (Ord. 723-2018 § 4 (Exh. C), 2018)