Healdsburg City Zoning Code
CHAPTER 20
12 ZONING DISTRICT OVERLAYS
§ 20.12.005 Purpose
In addition to the objectives prescribed in HMC § 20.04.010, the Hillside Overlay is included in the Land Use Code to achieve the following purposes:
A.
Preserve the natural beauty of the hillsides and avoid storm drainage problems by encouraging the retention of natural vegetation and discouraging mass grading.
B.
Allow adequate spaces for driveway access to steep sites.
C.
Prevent loss of views, privacy, sunlight that would occur if dwellings on hillsides were located as close together as dwellings on level terrain.
(Ord. 950 § 2 (Exh. A § 1300), 1998)
§ 20.12.010 Applicability
A Hillside Overlay may be combined with any residential district. All regulations for the residential district shall apply except as provided by this article.
(Ord. 950 § 2 (Exh. A § 1305), 1998)
§ 20.12.015 Required lot area and width increases
For each one foot of difference in elevation greater than 10 feet between points A and B described in this section, the minimum required lot area and lot width for a lot within a Hillside Overlay shall be increased three percent over the minimum area and minimum width prescribed in the base residential zoning district.
Point A is the point at which a projected side lot line intersects the edge of the existing roadway. Point B is the point on the site 100 feet distant from Point A with the greatest difference in elevation.
(Ord. 950 § 2 (Exh. A § 1310), 1998)
§ 20.12.020 Purpose and intent
The purposes of the Development Cluster Overlay are to:
A.
Permit implementation of General Plan policies encouraging clustering of development to allow preservation of open spaces and sensitive environmental features;
B.
Allow innovative design for residential developments, including variability in lot size, design and configuration.
C.
Facilitate development for each property in accord with General Plan residential densities and with applicable specific plans.
(Ord. 950 § 2 (Exh. A § 1600), 1998)
§ 20.12.025 General provisions and requirements
Use of the Development Cluster Overlay shall be restricted as follows:
A.
The Development Cluster Overlay shall be applied only to the R-1-40,000 District.
B.
Requests for application of the Development Cluster Overlay to specific properties shall be limited to properties governed by adopted Specific Plans or a Planned Development (PD) or Residential Master Plan (RMP) ordinance.
C.
The total number of dwelling units allowed pursuant to the Development Cluster Overlay shall not exceed that allowed by the Specific Plan, PD or RMP.
D.
No subdivisions or development plans will be approved pursuant to the Development Cluster Overlay for the same site or property after the maximum density permitted by either the applicable Specific Plan, PD or RMP has been achieved.
(Ord. 950 § 2 (Exh. A §§ 1605, 1610), 1998)
§ 20.12.030 Permitted and conditional uses
§ 20.12.035 Density ranges
Density ranges in any contiguous Development Cluster Overlay area shall be between 0 and 1.3 dwelling units per acre, including adjacent public rights-of-way.
(Ord. 950 § 2 (Exh. A § 1625), 1998)
§ 20.12.040 Development standards
The following minimum development standards shall be applicable to properties within the Development Cluster Overlay and shall supersede the requirements of Chapter 20.12 HMC, Article I, Hillside Overlay.
A.
Minimum lot area: 6,000 square feet;
B.
Minimum lot width: 60 feet;
C.
Minimum lot depth: 90 feet;
E.
Floor area coverage: 45 percent (excludes garages);
F.
Maximum site coverage: 35 percent (includes garages);
G.
Maximum height main structure: 35 feet.
(Ord. 950 § 2 (Exh. A § 1630), 1998)
§ 20.12.045 Submittal requirements for density clustering
The following information shall be submitted to the planning department for approval of density clustering pursuant to the Development Cluster Overlay:
A.
Affidavits from all affected property owners involved in the density transfer on a form specified by the planning and building department consenting to the transfer of densities, if applicable to overlay zones involving more than one ownership.
B.
Exhibits delineating the boundaries of the property proposed for density clustering also showing the proposed location of residential dwellings and lots, roads, recreational trails, and related improvements. Exhibits shall also be submitted depicting areas of proposed permanent open spaces, sensitive environment features, including wetlands, areas of slope instability and geologic hazard areas, sensitive ridgelines as identified in the General Plan, and other portions of the site which will not be built upon.
C.
Calculations indicating the following:
1.
Total site area, expressed in acres, involved in the proposed density transfer, including both buildable and nonbuildable areas.
2.
The number of dwellings normally permitted pursuant to the Specific Plan or RMP without density transfer.
3.
The number of acres proposed for development as part of the density transfer, including roads and other improvements.
4.
The total number of dwellings proposed for construction.
5.
The area, expressed in acres, proposed to remain as nonbuildable, if applicable.
D.
Proposed methods by which the nonbuildable area will be permanently reserved from building and indicating proposed mechanisms for maintenance of such open space.
E.
Required review and processing fees, as specified by resolution of the City Council.
F.
Other relevant information that may be required by the planning and building director to review the proposed density cluster.
(Ord. 950 § 2 (Exh. A § 1635), 1998)
§ 20.12.050 Approval of development clustering
A.
Clustering of residential development may be approved or conditionally approved pursuant to the Development Cluster Overlay by the planning commission or City Council, as applicable, when the following findings can be made:
1.
The design and improvement of the proposed density cluster is consistent with the Healdsburg General Plan and applicable specific plans or residential master plans.
2.
The site is physically suitable for the type and intensity of development proposed.
3.
The design of the proposed density cluster development will not result in substantial environmental impacts.
(Ord. 950 § 2 (Exh. A § 1640), 1998)
§ 20.12.055 Purpose
The purpose of the Historic District (HD) Overlay is to preserve, maintain and enhance the historic integrity of designated areas within the City that are of historic significance or contain significant historic structures. The Historic District Overlay provides a process for review of proposed alterations and/or restorations of significant historic structures. It also provides encouragement of public and private enhancement of historic districts through placement of compatible street furnishings, restorations of privately owned buildings and public landmarks. The historic committee, formed hereunder, shall have final approval of projects undertaken pursuant to Title 24 of the California Historical Building Code.
(Ord. 950 § 2 (Exh. A § 1700), 1998)
§ 20.12.060 Uses permitted
All uses permitted in the base zoning district are permitted in the Historic District Overlay; conditional uses in base zoning districts may be conditionally permitted. However, no advertisements, billboards or signs may be permitted in a Historic District except for signs advertising activities or sales conducted on the premises.
(Ord. 950 § 2 (Exh. A § 1705), 1998; Ord. 1172 § 2, 2018)
§ 20.12.065 Historic committee review required
Approval by the historic committee is required for the following:
A.
Construction of buildings and structures within a HD Overlay area, including accessory buildings over 400 square feet in floor area, with the exception of accessory dwelling units (ADUs). New ADU construction on a parcel containing a primary unit listed as a state or federal historic resource shall be consistent with the Citywide Design Guidelines.
B.
Demolition of any designated historic building and any building or structure within a HD Overlay area that contributes to the historic character of the area.
C.
Any alteration to an existing building within a HD Overlay area that results in a permanent physical change in such a manner as to increase the floor area more than 25 percent; or adds a second story; or a significant change to the front elevation(s) which is not consistent with the design guidelines for historic properties.
D.
No such construction or alteration shall be commenced upon the plans without compliance with all of the requirements of this article.
(Ord. 950 § 2 (Exh. A § 1710), 1998; Ord. 1172 § 2, 2018; Ord. 1210 § 8, 2021)
§ 20.12.066 Minor design review required
§ 20.12.070 Design, materials and exterior appearance
All designs for any construction, repair, or replacement purposes within a HD Overlay area shall be in harmony with the general architectural characteristics of the area, including windows and doors and associated trim, use of exterior building materials, roof types and profiles, and general size and massing of the building. All designs and exterior treatments shall be consistent with Chapter 8 of the Citywide Design Guidelines.
(Ord. 950 § 2 (Exh. A § 1715), 1998; Ord. 1172 § 2, 2018)
§ 20.12.075 Safety
Fire prevention, safety ordinances and other applicable ordinances establishing structural regulations for the safety of the public or the users of the building shall be fully in force and applicable. The California Historical Building Code may be applied to any designated historic structure.
(Ord. 950 § 2 (Exh. A § 1720), 1998)
§ 20.12.080 Exceptions
Whenever the strict application of the provisions of this article would result in the prevention of a proposed change because of requirements not possible to fulfill, the applicant may apply for an exception to the strict terms of this article. If the exception is of minor character and does not affect the general character of the Historic District, permission to vary from the provisions of this Title may be granted by the historic committee.
(Ord. 950 § 2 (Exh. A § 1725), 1998)
§ 20.12.085 Maintenance and repair required
Neither the owner nor the person in charge of a designated historic building or of a designated landmark shall permit the structure or landmark to fall into a state of disrepair that could result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the historic committee, a detrimental effect upon the character of the district as a whole or the life and character of the landmark or structure in question, including but not limited to:
A.
The deterioration of exterior walls or other vertical supports,
B.
The deterioration of roofs or other horizontal members,
C.
The deterioration of exterior chimneys,
D.
The deterioration or crumbling of exterior plaster or mortar,
E.
The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors, or
F.
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition.
(Ord. 950 § 2 (Exh. A § 1730), 1998)
§ 20.12.090 Historic committee
A.
The planning commission is hereby designated as the historic committee for the purpose of enforcing the provisions of this article.
B.
The functions of the historic committee shall be as follows:
1.
Recommend the placement of properties within a historic district.
2.
Undertake and complete architectural heritage studies and, upon the completion of such studies, establish and maintain a list of structures, objects and areas having a special historic architectural value. This list may include single structures or sites, portions of structures, groups of structures, manmade or natural landscape elements, works of art, or integrated combinations thereof.
3.
Designate certain structures, sites, portions of structures and similar features as landmarks.
4.
Recommend to the City Council as to the placement of historic monuments, or the acquisition of historic sites or structures or the development rights thereof by the City. Monuments may be placed on individual sites, structures, or phenomena that are of historic importance but stand alone and are suitable for such monumentation.
C.
The historic committee shall meet upon the call of the chair and action shall be by majority of the quorum, and a quorum shall consist of a majority of the members. A lesser number than a quorum may meet for discussions and for any action that may be appropriate, but not for the recommendation of additional parcels to be placed in the HD Overlay or for the approval of specific applications made under this article.
D.
The historic committee may make such investigations and studies of matters relating to the protection, enhancement, perpetuation or use of landmarks as historic districts, and to the restoration of landmarks, as the Committee may, from time to time, deem necessary or appropriate and may submit reports and recommendations to the City Council and other agencies of the City. In making such investigations and studies, the historic committee may hold such public hearings as it may deem necessary.
(Ord. 950 § 2 (Exh. A §§ 1735, 1740, 1745, 1750), 1998)
§ 20.12.095 Establishment of historic districts
A.
Historic Overlay districts shall be established in the manner specified in Chapter 20.28 HMC, Article VII.
B.
The following areas are hereby incorporated into the Historic District Overlay:
Johnson Street, both sides, between Piper Street and Powell Avenue. |
Matheson Street, both sides, between East Street and First Street. |
(Ord. 950 § 2 (Exh. A § 1755), 1998)
§ 20.12.100 Designation of historic structures
A.
Historic structures may be so designated by adoption of an ordinance by the City Council upon recommendations of the historic committee in the manner specified in Chapter 20.28 HMC, Article VII.
B.
The following are designated as historic structures and places:
Gobbi Building: 310-316 Center Street |
Carnegie Library Building: 221 Matheson Street |
(Ord. 950 § 2 (Exh. A § 1760), 1998)
§ 20.12.200 Purpose and intent
The North Entry Area Plan Overlay is included in the Land Use Code to achieve the following purposes:
A.
Supplement the Mixed Use (MU) District as identified in Chapter 20.08 HMC, Article VI, to help implement the community vision for a new mixed use neighborhood at the north end of Healdsburg.
B.
Modify the mix of permitted and conditionally permitted uses in the Mixed Use (MU) District as prescribed in HMC § 20.08.155 to achieve consistency with the vision and concepts for development as identified in the North Entry Area Plan.
C.
Provide appropriate development standards, regulations and procedures to implement the North Entry Area Plan.
(Ord. 1190 § 3, 2019)
§ 20.12.205 Applicability
The North Entry Area Plan Overlay is combined with the Mixed Use District as established in Chapter 20.08 HMC, Article VI. All regulations for the Mixed Use District shall apply except as provided by this article.
(Ord. 1190 § 4, 2019)
§ 20.12.210 General provisions and requirements
For the purposes of evaluating compliance with policies in the North Entry Area Plan, senior independent living units shall be considered residential units. All components of a senior housing development (including assisted living and memory care facilities) shall be considered a residential use and, therefore, not subject to floor area limitations.
(Ord. 1190 § 5, 2019)
§ 20.12.215 Permitted, conditional, and prohibited uses
Permitted and conditionally permitted uses shall be those uses permitted in the Mixed Use (MU) District as identified in HMC § 20.08.155, Table 12, as modified by Tables 1 and 2 below.
B.
In addition to the uses for the Mixed Use (MU) District identified in HMC § 20.08.155, the uses in Table 1 are permitted or conditionally permitted for the North Entry Area Plan Overlay.
Table 1 Permitted and Conditional Uses: North Entry Area Plan ("NEAP") Overlay | ||
|---|---|---|
Permitted (P) and Conditionally Permitted (C) Uses for NEAP Overlay | Specific Use Regulations | |
Residential Uses | ||
Employee housing for six or fewer employees in accordance with Cal. Health & Safety Code § 17000 et seq. | P | |
Home occupations | P | HMC § 20.20.005 |
Residential uses as part of a mixed use development | C | |
Multifamily dwellings not part of a mixed use development | P | |
Residential care, general | C | |
Residential care, limited | P | |
Single-family attached dwellings not part of a mixed use development | P | |
Supportive housing | P | |
Transitional housing | P | |
Vacation rental homes | -- | |
Day care, general* | C | |
Day care, limited* | P | |
Live/work facilities* | C | |
Workforce housing* | P | |
Retail Trade | ||
Alcoholic beverages (off-sale) | C | HMC § 20.20.075 |
Artisan shop | P | |
Convenience store | C | HMC § 20.20.075 |
• Beer and wine sales (off-sale), ancillary | C | |
Grocery and specialty food sales | ||
• 3,500 square feet or less | P | |
• 3,500 square feet - 6,000 square feet | C | |
Outdoor display and sales | P | Ch. 20.16 HMC, Art. V |
Retail, general | P | |
• Extended hours | C | |
• Secondhand goods | C | |
Sporting goods sales, with rental as an accessory use, with firearm sales | C | HMC § 20.20.105 |
Farmers markets* | C | |
Services | ||
Bank, financial services | P | |
Business support services | P | |
Catering | P | |
Instructional services | C | |
Medical services, minor | C | |
Personal services | P | |
Recycling, small collection facility | C | |
Specialty transportation rental, touring services | C | |
Storage - indoor | C | |
Tasting room | C | HMC § 20.20.075 |
Visitor lodging | C | HMC § 20.12.220 |
Offices: professional, administrative and business, including medical, chiropractic, dental and other health care services* | P | |
Theaters and auditoriums within buildings* | C | |
Veterinarian offices, clinics, and animal hospitals* | C | |
Eating and Drinking Establishments, Entertainment | ||
Bar, nightclub | C | HMC § 20.20.075 |
Restaurant | P | HMC § 20.16.080 |
• Amplified music audible from outside the building | C | |
• Extended hours | C | |
Entertainment and assembly venue | C | |
Food and Beverage Production | ||
Food and beverage production - limited | C | |
Utilities | ||
Public utility facility | P | |
Telecommunication facility - minor | P | HMC § 20.20.080 |
Telecommunication facility - major | C | HMC § 20.20.080 |
Accessory Uses | ||
Accessory uses customarily associated with or essential to a permitted or conditionally permitted use, and operated incidental to the principal use | P | |
Notes: |
|---|
Uses identified with a * are uses that are allowable in the North Entry Area Plan Overlay in addition to those permitted in the Mixed Use District. |
C.
The uses identified in Table 2 are prohibited in the North Entry Area Plan Overlay.
Table 2 Prohibited (--) Uses: North Entry Area Plan ("NEAP") Overlay | ||
|---|---|---|
Prohibited (--) Uses for NEAP Overlay | Specific Use Regulations | |
Services | ||
Vehicle services - service station, including automobile dealership | -- | |
Retail Trade | ||
Grocery and specialty food sales • More than 6,000 square feet | -- | |
Grocery or drugstore-anchored neighborhood shopping center | -- | |
Home improvement or hardware store | -- | |
Regional or community shopping center | -- | |
Accessory Uses | ||
Drive-through services | -- | |
(Ord. 1190 § 6, 2019)
§ 20.12.220 Development standards
A.
General development standards that are applicable in the Mixed Use (MU) District, as set forth in Chapter 20.16 HMC, Articles I through IX, shall apply in the North Entry Area Plan Overlay.
B.
Specific development standards for the Mixed Use (MU) District, as set forth in Chapter 20.08 HMC, Article VI, shall apply in the North Entry Area Plan Overlay with the following exceptions:
1.
Residential Unit Cap. A maximum of 290 residential units may be established in the North Entry Area Plan planning area unless additional units are permitted in accordance with state and local density bonus regulations. For the purpose of applying this cap, senior independent living units, including those that are part of a licensed residential care facility, are considered residential units. Residential units shall be allocated on a parcel-by-parcel basis with a master conditional use permit.
2.
Visitor Lodging Limitations. A minimum of 280 residential units must be included in a master conditional use permit in order for a visitor lodging use to be approved. A visitor lodging use may not exceed 130 rooms and a lesser number may be established through the master conditional use permit process.
3.
Floor Area Limitation – Nonresidential Use. The maximum floor area for nonresidential uses shall be 200,000 square feet. Floor area allocations on a parcel-by-parcel basis shall be established with a master conditional use permit.
4.
Site Coverage. The maximum site coverage for development in the North Entry Area Plan Overlay shall be 60 percent and compliance shall be established based on developable acreage in the entire Plan area rather than individual parcel acreage. Site coverage allocations shall be established with a master conditional use permit.
5.
Building Height. The maximum building height shall be 35 feet for buildings closest to Healdsburg Avenue buildings or portions of buildings fronting on the primary access street and buildings located on the terrace immediately south of the southerly fault trace buffer as identified in the North Entry Area Plan; and 50 feet for buildings or portions of buildings closest to the western boundary of the North Entry Area Plan area. Maximum building heights may be reduced through the design review process in consideration of site-specific circumstances.
6.
Floor Plate, Per Building. A 50,000-square-foot floor plate limitation is established to address larger-scale uses that may be a part of a mixed use neighborhood such as a senior living community. Separate buildings connected by an enclosed breezeway will be considered individual buildings when applying the floor plate limitation. Podium parking and breezeways shall not be included in the calculation.
7.
Slope Limitation. No habitable structure shall be permitted on a slope greater than 15 percent.
8.
Fault Trace Buffers. No habitable structure shall be permitted within the 50-foot buffers for the two fault traces in the North Entry Area Plan planning area as defined by the "Geologic and Geotechnical Investigation Report" (2003; Kleinfelder; Project No. 17383).
(Ord. 1190 § 7, 2019)
§ 20.12.225 Master conditional use permit and development agreement required
A.
Prior to approval of any land use entitlement or issuance of any building permit on the approximately 32 acres within the North Entry Area Plan Overlay, a "master" conditional use permit shall be required. The conditional use permit shall be processed in accordance with Chapter 20.28 HMC, Article V, and the standards identified below.
B.
The purpose of the master conditional use permit is to provide for comprehensive review of the conceptual development plans to ensure that the mix of uses will be compatible and consistent with the intent of the North Entry Area Plan. The master conditional use permit shall also address backbone infrastructure requirements and other shared improvements for the entire North Entry Area Plan Overlay area.
C.
The master conditional use permit will establish the number of residential units (including inclusionary housing units), square footage of nonresidential uses and site coverage allocations, and identify the mix of land uses on each parcel. Approval of specific development limitations and design features (such as building size, placement, design, height, massing, materials, landscaping, parking, access, etc.) will occur through the design review process.
D.
If sufficiently detailed information on a proposed conditionally permitted use is not included in a master conditional use permit application to enable the planning commission to make the conditional use permit findings established in HMC § 20.28.165 and/or the supplemental findings identified in HMC § 20.12.230, a project-specific conditional use permit shall be processed concurrent with the design review process.
E.
A development agreement shall be required in conjunction with a master conditional use permit for any development within the North Entry Area Plan Overlay area that includes a hotel. The development agreement shall be subject to the provisions of California Government Code Section 65864 et seq., and any successor statute(s) and the procedures and requirements established in Chapter 17.20 HMC.
(Ord. 1190 § 8, 2019)
§ 20.12.230 Supplemental findings for master conditional use permit
A.
In addition to the findings established in HMC § 20.28.165, the planning commission shall make the following supplemental findings before granting a master conditional use permit:
1.
The proposed mix of residential and commercial uses is consistent with the preferred uses identified in the North Entry Area Plan and supports the Plan's vision and guiding principles, goals, and policies.
2.
Proposed residential uses include a mix of housing types and meet the North Entry Area Plan's target of at least 250 residential units.
3.
Retail uses are limited to smaller ancillary and specialty shops designed to serve the primary uses on the site and to complement but not undermine the role of the downtown as the commercial center of Healdsburg.
4.
If proposed, visitor lodging uses do not exceed the cap on hotel rooms established in the North Entry Area Plan and are appropriately sited and scaled to fit into a well-integrated and interconnected mixed use neighborhood.
5.
An appropriate location is identified for establishment of a central focal point for the neighborhood which will serve as an active community gathering space for residents, neighbors and visitors.
6.
Appropriate off-tract infrastructure, improvements, and mechanisms for establishing maintenance obligations are identified, including Healdsburg Avenue traffic signal and frontage improvements, internal street access and utilities, a secondary emergency vehicle access, the Foss Creek pathway extension and perimeter pathway, and any additional publicly accessible open space.
7.
The preliminary grading and drainage plan identifies sufficient drainage facilities, easements, and cross-easements to ensure that future development will not result in on-site or off-site stormwater impacts.
(Ord. 1190 § 9, 2019)
§ 20.12.235 Design review required
Design review for development in the North Entry Area Plan Overlay shall be provided in accordance with the procedures and requirements established in Chapter 20.28 HMC, Article IV, and development shall be consistent with the North Entry Area Plan, Chapter 5, Design Framework.
(Ord. 1190 § 10, 2019)