No motorized vehicle or trailer repair or tune-up shall be operated as a home occupation.

Doctors, dentists, osteopaths, chiropractors and other practitioners of the medical arts are not permitted as home occupations in Residential (R) zoning districts.

On-site painting services (auto, boat, appliances, etc.).

Care, treatment, breeding or boarding of cats, dogs and other animals for a fee or barter.

Gun repair, sale of guns or ammunition where the materials are maintained at the site (sale of five or fewer guns a year is exempt from this section).

Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons and highly flammable materials as determined by the fire chief.

Accessory dwelling units shall not be counted when calculating the permitted density requirements of the General Plan, but shall otherwise be considered a component of a residential land use on a property consistent with the General Plan text and diagrams.

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

Accessory dwelling units shall be allowed to be established either simultaneously with or subsequent to the construction of a primary dwelling unit(s) that is located on the same lot of record and under one common ownership subject to provisions of subsection (C) of this section. Accessory dwelling units shall not be sold, transferred or owned separately from the primary residential unit on the property, except when owned by certain nonprofit corporations per Government Code Section 65852.26, as that section may be amended.

The owner of the lot upon which an accessory dwelling unit is located is neither required to reside in the primary dwelling unit or accessory dwelling unit. Accessory dwelling units shall only be used for rentals of terms longer than 30 days and shall not be converted to accommodate residential visitor lodging, consistent with the limitations established under Article I of this chapter.

Accessory dwelling units shall be allowed in all zoning districts that permit single-family and multifamily uses when proposed on a lot that is developed or proposed to be developed with one or more legally permitted primary dwelling units.

Factory-built housing or a manufactured home may be used as an accessory dwelling unit so long as it conforms to all provisions of this section.

Accessory dwelling units may be attached to the primary dwelling unit, detached from the primary dwelling unit or may involve the conversion of floor area of an existing structure. Accessory dwelling units shall be placed on a permanent foundation. Refer to HMC § 20.28.310 for definitions of various types of accessory dwelling units and efficiency units.

A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. Review of accessory dwelling units for compliance with this section shall be completed within 60 days of submittal of a complete application to the building division. If a permit application for an accessory dwelling unit is submitted with a proposed primary dwelling(s), action on the accessory dwelling unit may be delayed until the building division acts on the permit for the primary dwelling(s). Applicants may appeal the denial of a building permit for an accessory dwelling unit permit pursuant to the provisions set forth in Chapter 2.36 HMC.

All accessory dwelling units must comply with the requirements of HMC § 15.04.080 (Building Code).

One junior accessory dwelling unit shall be allowed to be established either simultaneously with or subsequent to the construction of a single-family dwelling under one common ownership subject to provisions of subsection (C) of this section. Junior accessory units shall not be sold, transferred or owned separately from the primary residential unit on the property.

A junior accessory dwelling unit shall be allowed in all zoning districts that permit single-family and multifamily uses when proposed on a lot that is developed or proposed to be developed with one legally permitted single-family dwelling.

The owner of the single-family dwelling shall reside on a property containing a junior accessory dwelling unit, either in the single-family dwelling or in the junior accessory dwelling unit. Owner occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

A junior accessory dwelling unit shall be no more than 500 square feet in size, contained within the exterior walls of a proposed or existing single-family dwelling and include a separate entrance from the main entrance to the proposed or existing single-family dwelling. A junior accessory dwelling unit shall have an efficiency kitchen including a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the unit.

A junior accessory dwelling unit shall not be considered a separate or new unit for purposes of any fire or life protection ordinance or for purposes of providing water, wastewater or power services. Single-family dwellings containing a junior accessory dwelling unit may be subject to such requirements as applied to single-family dwellings not containing a junior accessory dwelling unit.

Junior accessory dwelling units shall not be counted when calculating the permitted density requirement of the General Plan, but shall otherwise be considered a component of a residential land use on a property consistent with the General Plan text and diagrams.

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

A permit application for a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. Review of a junior accessory dwelling unit for compliance with the applicable Land Use Code standards shall be completed within 60 days of submittal of a complete application to the building division. If a permit application for a junior accessory dwelling unit is submitted with a proposed single-family dwelling, action on the junior accessory dwelling unit may be delayed until the building division acts on the permit for the single-family dwelling. Applicants may appeal the denial of a building permit for a junior accessory dwelling unit permit pursuant to the provisions set forth in Chapter 2.36 HMC.

The size of the unit shall be measured from the side of the exterior wall of the dwelling unit to the opposing exterior wall face enclosing the unit, or to the centerline of the furthest opposing interior wall that separates the accessory unit and primary unit living space. Carports, covered porches and patios, chimneys, stairwells and mechanical rooms are not counted toward the determination of floor area of the accessory dwelling unit.

In dwellings where proposed or existing habitable space is under a sloping roof, any area where the sloping ceiling measures less than five feet from the finished floor to the finished ceiling is not counted as floor area.

Placement. Detached and attached accessory dwelling units (and all associated outdoor living areas and accessory structures) shall comply with the front yard setback requirements of the zoning district in which the accessory dwelling unit is to be located, as shown in Table 20a. An attached or detached accessory dwelling unit shall not be placed between a required front yard setback from a public right-of-way and the primary dwelling unit.

Building Design. The materials and colors of the accessory dwelling unit's exterior walls, roof, windows, and doors shall match the primary dwelling(s). The roof slope of the accessory dwelling unit shall match the primary dwelling(s).

Landscape Design. Landscaping shall be provided around accessory dwelling units, and its location shall ensure defensible space. Fire-resistant and low-water-use plants shall be included in the landscape design.

Entrance. A separate entrance shall be provided for accessory dwelling units and junior accessory dwelling units. Access to the public right-of-way may be provided through the rear yard of the primary residence or a dedicated pathway.

Privacy. To maximize privacy on adjacent properties, windows in an accessory dwelling unit that is located less than 10 feet from a rear or side property line shall be clerestory windows or use frosted or obscure glass. Balconies and doors shall be oriented toward units on site as possible.

Location in Historic District Overlay. No demolition of any portion of a contributing structure as identified in Healdsburg's most recent historic inventory shall occur in order to accommodate an accessory dwelling unit. Accessory dwelling units in the historic district overlay shall not utilize plastic or vinyl in exterior features, windows, fencing, or other treatment and shall match the primary dwelling in siding material and pattern and window and door types. If the primary unit is listed as a state or federal historic resource, the accessory dwelling unit shall comply with HMC § 20.12.065(A).

Exception to Design Standards. Where an applicant cannot meet the objective design standards set forth in this subsection, the existing application for an accessory dwelling unit may undergo the standard design review process as set forth in HMC § 20.28.100.

The accessory dwelling unit and/or junior accessory dwelling unit shall not be sold separately from the main residential unit on the property;

The accessory dwelling unit and/or junior accessory dwelling unit is restricted to the maximum size allowed per the development standards of this section;

The accessory dwelling unit and/or junior accessory dwelling unit may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided, that the terms for separate occupancy of the accessory unit and/or primary unit shall be longer than 30 days;

The accessory dwelling unit and/or junior accessory dwelling unit shall not be used or converted for use as visitor lodging, consistent with the provisions of HMC § 20.20.060(B)(5); and

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.

One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

One detached, new construction, accessory dwelling unit for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (G)(1) of this section. The accessory dwelling unit must have:

Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling. Each accessory dwelling unit must have:

The city shall not require the correction of nonconforming zoning conditions prior to the issuance of a permit for accessory dwelling units subject to this subsection (F). However, an applicant shall be required to modify a proposed or existing structure to comply with the California Building Code where said structure is not in compliance with current California Building Code standards.

The provisions of this section shall apply to any discretionary or ministerial approvals for new residential development projects (one or more dwelling units) and the residential component of mixed-use development projects.

Projects approved prior to July 17, 2019, and required to provide inclusionary dwelling units on site shall be subject to the inclusionary housing requirements in place at the time the City granted the approval. Projects approved prior to July 17, 2019, and required to pay an in-lieu fee shall pay the fee in effect at the time of building permit issuance.

Projects approved prior to July 17, 2019, pursuant to a development agreement or vesting tentative map that address inclusionary housing requirements are subject to the inclusionary provisions of the development agreement or applicable to the vesting tentative map, prior to recordation of the final map.

Existing residential dwelling units that are altered, improved, restored, repaired, expanded or extended; provided, that the number of dwelling units is not increased and that the existing floor area of the dwelling unit is not increased by greater than 850 square feet. Dwelling units that are increased by greater than 850 square feet will be subject to a fee per square foot for any increase in square footage greater than 850 square feet.

New residential dwelling units of 850 square feet or less.

The construction of a new residential structure which replaces a residential structure that was destroyed by fire or natural disaster or demolished within five years prior to the application for a building permit for the new residential structure; provided, that the number of residential units is not increased from the number of residential units of the destroyed residential structure and that the replacement dwelling is not more than 850 square feet larger than the original dwelling. These units will be subject to a fee per square foot for any increase in square footage greater than 850 square feet.

Accessory dwelling units constructed pursuant to HMC § 20.20.010.

Residential development projects or mixed-use development projects with five or more dwelling units shall include at least 20 percent of the total number of new dwelling units that are affordable to low-, moderate- or middle-income households, as defined in HMC § 20.28.310. The requirement for the portion of a project including units for sale is 15 percent affordable to moderate-income households and five percent affordable to middle-income households. The requirement for the portion of a project including rental units is five percent affordable to low-income households and 15 percent affordable to moderate-income households.

Residential development projects or mixed-use development projects with four or fewer dwelling units, including single-family residential units, shall comply in either of the following ways, at the discretion of the applicant:

In-lieu land dedications. In lieu of constructing required inclusionary units on site, an applicant may satisfy inclusionary housing requirements by an irrevocable offer of dedication of land within the City limits, to the City, to be used for affordable housing purposes, such as acquisition of property, planning and design and construction costs. The applicant shall identify the land to be dedicated prior to approval of the discretionary permit for the residential development project or mixed-use development project.

Off-site construction of inclusionary units. In lieu of constructing required inclusionary units on site, an applicant may satisfy inclusionary housing requirements by constructing some or all of the required inclusionary units on another site or sites within the City. The resultant linked project sites shall be considered a single combined project and shall be reviewed concurrently by the City. Off-site inclusionary units shall be constructed and available for occupancy concurrently with the project's market-rate units, unless an alternative schedule based on extenuating circumstances, as determined by the City, is adopted as part of the project approval.

Conversion of existing market-rate units to inclusionary units, in an amount equal to the inclusionary housing requirements, including any needed rehabilitation to ensure compliance with building, health and safety standards.

Construction of a single-family dwelling along with an accessory dwelling unit pursuant to HMC § 20.20.010, restricted to occupancy by a household earning no more than 80 percent of the Sonoma County area median income, with rent restricted to 30 percent of monthly income and adjusted for household size, and guaranteed through a regulatory agreement executed prior to building permit issuance. Such single-family dwelling units will not be required to pay an in-lieu fee and shall not be included in the total number of project units subject to the inclusionary housing calculation, in accordance with subsection (C)(1) or (C)(2) of this section.

At the City's sole discretion, the City may accept, in fulfillment of an applicant's inclusionary housing requirement, any other approach proposed by the applicant which, as determined by the City, meets City housing goals and objectives and where the applicant demonstrates to the City's satisfaction equivalency to the requirements of subsection (C)(1) or (C)(2) of this section, as applicable.

Inclusionary units shall be constructed and available for occupancy concurrently with the project's market-rate units, unless an alternative schedule based on extenuating circumstances, as determined by the City, is adopted as part of the project approval.

Inclusionary units shall be distributed throughout the residential project site to the extent practicable.

Inclusionary units shall reflect the range of number of bedrooms provided in the residential project as a whole. To make this determination for subdivisions where individual lots will be sold, the type and tenure of market rate units shall be used. For residential or mixed use development projects that are required to provide 10 or more inclusionary units, at least 10 percent of the inclusionary units shall have three or more bedrooms.

The square footage, configuration, quality of finishes and amenities of inclusionary units shall be substantially similar to the market rate units. To make this determination for subdivisions where individual lots will be sold, adopted, applicable design guidelines shall be used.

Residents of inclusionary units shall have access to the project's common open spaces or recreational amenities.

Accessory dwelling units shall not be counted toward meeting a project's inclusionary housing requirements.

Inclusionary units may be for-sale or rental units.

Only low-, moderate- and middle-income households may occupy inclusionary units during the term of any regulatory agreement. The City or its designee shall notify all potential purchasers of inclusionary units to ensure adherence to applicable income restrictions.

Applicants proposing to meet the inclusionary requirement through the provision of for-sale inclusionary units shall enter into a regulatory agreement with the City prior to final map recordation for the project. All buyers of inclusionary units shall enter into a resale agreement with the City prior to the closing of escrow for such inclusionary unit. The resale agreement shall specify the income restriction on the household purchasing and occupying the inclusionary unit, the number of years that the inclusionary unit shall remain affordable to the target household income, an option for the City or its designee to designate an eligible purchaser, the City's right of first refusal to purchase the inclusionary unit, and a calculation of future equity assignment upon sale of the inclusionary unit. The resale agreement shall be recorded against each applicable unit.

Applicants proposing to meet the inclusionary requirement through the provision of inclusionary multifamily or single-family rental units shall enter into a regulatory agreement with the City prior to the issuance of a certificate of occupancy for the project. The regulatory agreement shall specify income restrictions on the households occupying the inclusionary units and the number of years that the inclusionary units shall remain affordable to the target incomes.

The City shall identify and periodically update the housing prices and rents that qualify as affordable for very low-, low-, moderate-, and middle-income households, utilizing the latest area median income for Sonoma County, adjusted for household size for the unit.

Inclusionary rental units shall be professionally managed and/or operated by the owner of the residential complex or the authorized agent of the owner in accordance with a management and monitoring plan prepared by the owner and approved by the City. Each owner of one or more inclusionary rental unit(s) shall submit an annual tenant income certification report to the City Manager or his or her designee, no later than March 1st, for the previous calendar year, identifying monthly rental rates, vacancy status of each inclusionary unit, income status for each resident and any other related data deemed necessary by the City while ensuring privacy for all residents.

If, upon recertification, a tenant's income has increased and exceeds the qualifying income for an inclusionary rental unit, such tenant's rent may be increased to a qualifying income for an inclusionary rental unit in a higher income category, if applicable to the project, and the project owner shall rent the next available inclusionary unit to the lower income category to restore the affordable unit mix required by the regulatory agreement. If, upon recertification, a tenant's income has increased and exceeds the qualifying income for all inclusionary units in a project, such tenant shall, upon expiration of the tenant's lease, and if so permitted by local and state law, after a 180-day period beginning on the date of lease expiration, be required to vacate the inclusionary unit.

A deed restriction shall be required for all multifamily development projects requesting the multifamily rental housing rate. The deed restriction shall be recorded with the County of Sonoma and a copy provided to the City of Healdsburg and shall include the following restrictions:

When a project meets any of the criteria referenced above, the developer may request a density bonus and one or more concessions or incentives as defined in Government Code Section 65915 and subject to the requirements of Government Code Section 65915.

Neither this subsection nor state law limits or requires the provision of direct financial incentives from the City for a qualifying project, including the provision of publicly owned land by the City or the waiver of City fees or dedication requirements.

In addition to those concessions and incentives required by state law, the City may grant the following:

The developer of a proposed residential development seeking housing incentives shall file an application with the planning department for approval of such incentives on a form specified by the planning and building director, and shall be accompanied by all maps, plans and other information deemed necessary by the planning and building director.

An application shall be accompanied by a fee established by the City Council.

An application for a density bonus and any additional concession or incentive shall include the following information:

Planning commission review.

City Council review.

There are no minimum yard requirements. Setbacks for all proposed and possible future buildings or possible additions to proposed buildings shall be shown on the development plan for the subdivision.

The garage or carport front, when the entrance faces the street, shall be located not less than 20 feet to the rear of the public sidewalk, or 20 feet from the property or adopted street plan line, whichever is a greater distance from the edge of pavement of the street.

Cooking and dining facilities;

Recreation facilities;

Counseling and educational services;

Child care facilities;

Laundry facilities.

An on-site manager shall be present when residents are present at the shelter.

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, control of outdoor loitering, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

A written request for reasonable accommodation from a land use or Land Use Code regulation or policy shall be made by an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability on a form provided by the planning and building department.

A request for reasonable accommodation shall state the basis of the request including but not limited to a modification or exception to a specific regulation, standard or practice for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.

The planning and building director may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 45-day time period for making a determination on the request shall be suspended until the requested information is provided.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Review Period. The planning and building director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable accommodation within 45 days of the date the application is deemed complete, or within an extended period as mutually agreed upon in writing by the applicant and the director.

Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall include the following findings:

Notice. Notice of the determination shall be provided to the applicant and to abutting owners of the property that is the subject of the request for reasonable accommodation. All written decisions shall give notice of the right to appeal the director's determination as set forth in subsection (D)(4) of this section.

Appeal of Determination. A determination by the director shall be final unless appealed to the planning commission as provided by HMC § 20.28.085. Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision.

Applicability. If the director grants the request, the request shall be granted to an individual and shall not run with the land unless the director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code or (2) the accommodation is to be used by another individual with a disability.

Recordation of Determination. Prior to the issuance of any permits relative to an approved reasonable accommodation, the planning and building director may require the applicant to record a covenant in the county recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination. The covenant shall be required only if the director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.

Upon the establishment of a residential visitor lodging operation, the operation shall be inspected by the building official for compliance with all building and safety codes enacted by the City and shall be inspected annually for continued compliance with all applicable codes. An inspection fee, set by resolution of the City Council, may be charged for each annual inspection.

Each operation shall comply with the provisions of HMC Title 8 as well as all state and county laws governing food-handling establishments. Meals, in the form of breakfast and an afternoon snack, may be served to guests only in connection with their lodging.

On-site parking shall be provided as required by Chapter 20.16 HMC, Article VIII.

The owner or manager of a residential visitor lodging operation shall live on the premises of or on the property immediately adjacent to the operation.

Accessory dwelling units shall not be converted to accommodate a residential visitor lodging operation.

Only one residential visitor lodging operation shall be allowed per City block, unless separated by 500 feet or more. For the purposes of this section, a "City block" shall be defined as the properties abutting the same street located between two intersecting streets. Corner lots shall be considered in this section as fronting two City blocks.

Alcohol may be provided to guests only with the appropriate permits obtained from the planning and building department and the State Department of Alcohol and Beverage Control (ABC).

Design review approval may be required subject to the provisions of Chapter 20.28 HMC, Article IV. Any new structure constructed solely for lodging purposes will require design review and shall be consistent with the Citywide Design Guidelines.

Any conditional use permit authorizing a residential visitor lodging operation may be subject to review at three-year intervals or at any time when the planning commission has reason to believe that the regulations are not being adhered to or when there are problems associated with the lodging operation that warrant review by the planning commission.

Special events may be allowed on the premises of a residential visitor lodging operation; provided, that a special event permit is first obtained from the planning commission. This does not apply to events for registered guests only, which are permitted. The following regulations govern such uses, although the planning commission shall be authorized to further restrict these events through conditions of approval applied to the special event permit. The planning commission shall also have authority to deny a special event permit if findings are determined that such a use will have an adverse impact on the health, safety and general welfare of the neighborhood in which the residential visitor lodging operation is located.

The proposed residential visitor lodging is compatible with surrounding land uses and will not detrimentally affect the health, safety or welfare of the surrounding neighborhood or area.

Approval of the subject residential visitor lodging will not result in an over-concentration of such uses in a neighborhood.

There is adequate parking for all guests and operators to park on the subject property in accordance with Chapter 20.16 HMC, Article VIII and that the required parking for guests is screened from view from the street.

Approval of the residential visitor lodging will result in the preservation of the residential design and scale of the structures on the property and will maintain the residential character of the neighborhood.

The architectural or historic character of the structure proposed to house the visitor lodging is appropriate for the use.

Boundary landscaping is required along all property lines abutting streets, except the area required for street openings.

Landscaping areas are to be a minimum of five feet wide and shall be separated from adjacent vehicular areas by a wall or curbing at least six inches higher than the adjacent vehicular area.

Landscaping shall be limited to a height of two and one-half feet when located within 10 feet of a street property line.

The applicant is encouraged to retain existing trees and vegetation, which may be incorporated into an aesthetically pleasing landscape design.

All landscaped areas shall be served by permanent irrigation facilities, centrally and automatically controlled.

Any person, association, partnership, corporation, or other entity desiring to obtain an alcoholic beverage establishment conditional use permit, where required under the provisions of this title, shall file an application with the planning department on a form provided by the department. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution.

The planning and building director shall establish and maintain a list of information that must accompany every application for an alcoholic beverage establishment conditional use permit. Said information may include, but shall not be limited to, completed supplemental project information, and any other information reasonably necessary to demonstrate consistency with the provisions of this section, as well as the general objectives of the Land Use Code and the purposes of the underlying zoning district.

The planning and building director may refer the application to other City departments to determine whether the premises where the alcoholic beverage establishment will be located complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

Notice and public hearing requirements shall be as set forth in HMC § 20.28.080 pertaining to conditional use permits.

The planning commission may consider if any of the following would be applicable to the request in determining whether to deny, revoke or grant the conditional use permit:

Notice of conditional use permit denial shall be in writing and shall state the grounds therefor. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.

Any alcoholic beverage establishment conditional use permit may be revoked or suspended by the planning commission for up to one year for any of the reasons specified as grounds for conditional use permit denial in subsection (D)(1) of this section, or failure to comply with the conditions included in the conditional use permit.

Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocations shall be done as specified in HMC § 20.28.195.

Prior to any change in the location of the alcoholic beverage establishment.

Prior to the change of mode or manner of operation of any existing alcoholic beverage establishment. This may include, but shall not be limited to, an increase in the area of the establishment, hours of operation, type of alcoholic beverage service being offered, change in the specific set of circumstances under which the use was previously permitted, or any other change in operating characteristics.

Prior to the enlargement or expansion of any existing alcoholic beverage establishment, including but not limited to, physical expansion of the facility or expansion of the nature of the business, e.g., hours of operation, scope of activities, number of tables, etc.

Any commercial establishment that was engaged in the sale of alcoholic beverages and was in existence and lawfully operating without a conditional use permit before the effective date of this title establishing a conditional use permit requirement for the subject use, is hereinafter considered to be a legal nonconforming use. The City Council may, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. A nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the judgment of the City Council, so that any of the following regularly occurs: generation of excessive noise in violation of Chapter 9.32 HMC, inadequate crowd control, generation of excessive litter, inadequate parking facilities, excessive calls for police service, existence of unsafe conditions as determined by the building official or the Fire Chief, or any other grounds for nuisance recognized by California law.

Where the provisions of this section would apply to a use of the property in the underlying zoning district, use of a lot for an establishment dispensing, for sale or any other reason, alcoholic beverages for on-site or off-site consumption, may not be modified, continued or reestablished without a conditional use permit if any of the following occurs:

The operation of an alcoholic beverage establishment shall be the responsibility of the permittee personally (if an individual is the permittee) or a manager or designated responsible employee of the permittee at all times. The permittee shall designate the names of all such managers and designated responsible employees in the application and shall advise the planning and building director in writing whenever any change is made.

The permittee personally (if an individual is the permittee) or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business.

All employees shall complete a program recognized by the Department of Alcoholic Beverage Control (ABC) as a qualified responsible beverage service program prior to the commencement of a new business or within 90 days of hire for new employees. The manager of an alcoholic beverage establishment shall maintain on the premises a file containing the certificates of training for all employees.

The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates Chapter 9.32 HMC regarding noise generation. The applicant shall present a noise management plan to the planning and building director prior to the commencement of the use. Said plan shall establish the method by which noise impacts, including but not limited to, amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facility on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Should complaints be received regarding noise disruption, the applicant shall take reasonable and practical steps as directed by the director to reduce the intensity, number and/or occurrences of these disruptions. Said steps may include, but are not limited to, the reduction of the number and/or volume of microphones, amplifiers and speakers; the installation of certain physical improvements designed to attenuate noise generation; the relocation of patron waiting/queuing areas to a location found to be acceptable to the director; and/or a reduction in hours for the commercial recreation activities. The director may require the preparation of an acoustical evaluation to quantify the noise levels and to suggest appropriate attenuation measures. Such an evaluation shall be funded by the applicant and directed by the director to be performed with no notice to owner/operator.

The applicant shall submit a security plan to the planning and building director prior to the commencement of the use. The security plan shall include, but not be limited to, provisions for the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff. The plan shall be subject to review and approval by the chief of police.

Bar and nightclub personnel shall check identification (I.D.) at the front door to ensure patrons are of legal age to enter; consistent with the ABC licensing restrictions.

At closing time or during special events, crowd control by qualified security personnel shall be provided to ensure safety and orderly conduct in front of the premises. Sidewalks shall be kept open for pedestrian traffic at all times.

The planning and building director and chief of police may require that the owner/operator provide additional qualified security personnel on site to provide adequate crowd control.

Exterior lighting shall be installed as necessary to adequately illuminate the sidewalk or other public way in front of the business at closing time. This lighting will ensure the safety of patrons and discourage loitering in front of the business.

The applicant shall, for the first six months, schedule a monthly meeting with the planning and building director and chief of police in order to identify and mitigate any noise/parking/lighting problems and/or neighborhood concerns.

The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant's license by the ABC may constitute sufficient cause or basis for review and possible revocation of a conditional use permit.

A conditional use permit for an alcoholic beverage establishment may be recalled to the planning commission for review at any time at a public hearing due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the commission may revoke the conditional use permit or add/modify conditions of approval.

Off-premises sales shall abide by any police chief safety requirements established as conditions of the use to minimize crime activities.

A conditional use permit issued for an alcoholic beverage establishment use that is subsequently abandoned, and replaced entirely by another use, may be revoked consistent with the provisions of HMC § 20.28.195.

The owner or operator of an alcoholic beverage establishment shall notify the City when the business use ceases operating.

The planning commission and City Council shall have the right to impose conditions upon the conditional use permit as are necessary for the protection of the peace, health, welfare and safety of those persons living or working in the vicinity or neighborhood.

Downtown Dispersion. The following provisions shall apply to uses within the downtown area:

Conditions. The planning commission may specify limitations on the use, as a condition of approval of a use that requires a conditional use permit, including but not limited to the hours of operation, as deemed necessary to promote the general health, safety or welfare.

Events. Subordinate and incidental events may be allowed as accessory uses. This may include participation in community and regional events, club release parties associated with product sales and promotion, industry events for a group association that is related to the business activity (e.g., vintners association), and community benefit group events (for groups as defined in HMC § 20.28.310, definitions).

The applicant shall provide information listing the types of accessory events that are proposed or anticipated with the use. Limitations on special events may established by conditional use permit.

Amplified Music. Outdoor amplified music shall not be allowed unless permitted by the planning commission as a condition of approval of a use permit. Indoor amplified music shall not be audible outside of the establishment and shall comply with the City noise ordinance, Chapter 9.32 HMC.

Entertainment and Assembly. Entertainment and/or assembly uses (e.g., live entertainment, catered events, parties, and similar uses involving large groups or increased noise potential) shall not be allowed without conditional use permit approval by the planning commission.

Parking shall be provided for the use in accordance with Chapter 20.16 HMC, Article VIII.

Any proposed signage shall comply with the standards of Chapter 20.16 HMC, Article IX.

Provide requirements to ensure that new telecommunication facilities are installed in a manner to minimize their visual impact to the community.

Protect the inhabitants of the City from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation).

Protect the environmental resources of the City.

Create telecommunication facilities that will serve as an important and effective part of the City's emergency response network.

Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the City's citizens.

Ensure that telecommunications facilities are consistent with the Citywide Design Guidelines.

A single ground- or building-mounted receive-only radio or television antenna not exceeding 35 feet, including any mast, or such antenna at any height when not located within public view as determined by the planning and building director.

A receive-only radio or television satellite dish antenna, not exceeding 3.28 feet or less in diameter or exceeding the height of the ridgeline of the primary structure on said parcel, for the sole use of the tenant occupying a residential parcel on which said antenna is located.

A receive-only radio or television satellite dish antenna, not exceeding 6.56 feet or less in diameter or not exceeding the height of the ridgeline of the primary structure on said parcel, in areas with commercial, industrial or public use zoning.

Mobile services providing public information coverage of new events of a temporary nature.

All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service that existed at the time of the adoption of this Title.

A ground- or building-mounted citizens band radio antenna, including any mast, or a ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, subject to the following requirements:

All telecommunication carriers and providers that offer or provide any telecommunication services for a fee directly to the public, either within the city of Healdsburg, or outside the corporate limits from telecommunication facilities within the City, shall register with the City pursuant to this section on forms to be provided by the planning and building director. The purpose of this registration under this section is to:

The following information shall be required for all applications:

Each application for registration as a telecommunication carrier or provider shall be accompanied by a fee as set forth by resolution by the City Council. Each registrant shall inform the City within 60 days of any change of the information set forth in this section.

Minimum Application Requirements. The planning and building director shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo montages, facility design alternatives to the proposal, visual impact analysis, NIER exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunication facilities within one-quarter mile therefrom, and deposits for peer review. The planning director may release an applicant from providing one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted.

Expert Review. The planning and building director is explicitly authorized to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.

Review authority.

Public Notice. In addition to the public notice required under this section, the following special noticing shall be provided:

Life of approvals.

A maintenance/facility removal agreement signed by the applicant shall be submitted to the planning and building director prior to approval of a conditional use permit or other entitlement authorizing the establishment or modification of any telecommunication facility that includes a telecommunication tower, one or more new buildings/ equipment enclosures larger in aggregate than 300 square feet, more than three satellite dishes of any size, or a satellite dish larger than 10 feet in diameter.

The agreement shall bind the applicant and the applicant's successors in interest to properly maintain the exterior appearance and ultimately remove the facility, all in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform.

The agreement shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as:

All costs incurred by the City to undertake any work required to be performed by the applicant pursuant to the agreement referred to in subsection (1) above including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within 10 working days of written request therefor such costs as the City reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within 10 working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunication facility involved if the applicant fails to pay the monies demanded within 10 working days. It shall further require that operation remain suspended until such costs are paid in full.

Any applicable General Plan policies, specific plan, area plan, PD standards, Local Area Development Guidelines, and the permit requirements of any agencies that have jurisdiction over the project.

All the requirements established by the other chapters of the Healdsburg Municipal Code and Healdsburg Land Use Code, as amended, which are not in conflict with the requirements of this chapter.

The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Fire Safe Standards, where applicable.

Any applicable Airport Land Use Commission regulations and Federal Aviation Administration regulations.

Any applicable easements or similar restrictions on the subject property.

All FCC rules, regulations, and standards.

Maintain in place a security program when determined necessary by the Police Chief that will prevent unauthorized access and vandalism.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

Where a telecommunication facility or minor antenna is to be located within a City right-of-way or utility pole, no approval granted hereunder shall be effective until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the approval is granted to occupy and use public ways of the City.

No approval granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunication services or any other purposes.

No approval granted under this section shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and term stated in the approval. Further, no approval shall be construed as any warranty of title.

Poles, spires, or other support structures with a diameter four inches or less, or a surface area of 16 square feet or less and not exceeding 10 feet in height;

Open-frame towers of trussed construction not exceeding 10 feet in height;

Poles, open-frame towers and other appurtenances, excluding buildings, constructed or installed by a public utility in the exercise of its function as a serving utility.

Telecommunication towers shall be constructed out of metal or other non-flammable material, unless specifically conditioned by the city to be otherwise.

Telecommunication towers taller than 35 feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the planning and building director or planning commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes.

Telecommunication towers shall not exceed 100 feet in height unless the following findings are made by the planning commission:

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing that this is infeasible.

Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only).

Telecommunication support facilities shall be no taller than 15 feet in height and shall be treated to look like a building or facility typically found in the area;

Telecommunication support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile or provide other mitigation measures.

All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunication site shall be initially painted and thereafter repainted as necessary with a "flat" paint, if it is determined by the decision-making body that the native coloring of the facility does not provide adequate blending with the surrounding environment. The color selected shall be one that in the opinion of the planning and building director or planning commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands and adjacent structures, when present, shall be painted colors matching these landscapes and structures, while elements which rise above the horizon shall be painted a blue-gray that matches the typical sky color at that location.

Telecommunication facilities cannot be located in any required yard setback area of the zoning district in which it is located.

All setbacks shall be measured from the base of the tower or structure closest to the applicable line or structure.

Telecommunication towers shall be set back at least 20 percent of the tower height from all property lines and at least 100 feet from any public trail, park, riparian corridor buffer setback area, or outdoor recreation area. Guy wire anchors shall be set back at least 20 feet from any property line.

No telecommunication facility shall be installed within the safety zone of any airport or helipad unless the operator indicates that it will not adversely affect the operation of the airport.

No telecommunication facility shall be installed at a location where special painting or lighting will be required by FAA regulations unless technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

No telecommunication facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or on property in any residential district (except R-1-40,000), Open Space District, or Plaza Retail District, or with a Hillside or Historic District Overlay, unless the planning commission makes a finding upon issuance of the use permit that it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and that no other location is technically feasible.

No telecommunication facility that is readily visible from off-site shall be installed closer than one-quarter mile from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable.

No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable; or technical evidence acceptable to the planning and building director or planning commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these already developed sites.

An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision-making body, that identifies all reasonable, technically feasible, alternative locations and/or facilities that would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies that would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the subject area. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision-making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant's expense. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

The facility shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar competing services. A good-faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the city's permit files. Unresolved disputes may be mediated by the planning commission. Co-location is not required in cases where the addition of the new service or facilities would cause interference with the host's signal or if it became necessary for the host to go off-line for a significant period of time.

Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates actual or anticipated interference as a result of the additional facilities, shall include provision for the relocation of the existing public use facilities. All costs associated with relocation shall be borne by the applicant for the additional facilities.

A manually operated or motion-detector-controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and

The minimum tower lighting required under FAA regulation. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences.

Existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and City engineer.

Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and City engineer.

Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction;

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.

At least one-hour fire-resistant interior surfaces shall be used in the construction of all buildings.

Monitored automatic fire-extinguishing systems approved by the fire chief shall be installed in all equipment buildings and enclosures.

Rapid entry (KNOX) systems shall be installed as required by the fire chief;

Type and location of vegetation and other materials within 10 feet of the facility and all new structures, including telecommunication towers, shall be reviewed for fire safety purposes by the fire chief. Requirements established by the fire chief shall be followed.

All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.

Outdoor noise-producing construction activities shall only take place Monday through Saturday between the hours of 7:30 a.m. and 6:00 p.m. and none on Sunday and legal holidays, unless allowed at other times by the planning commission.

Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to an exterior noise level that does not exceed the standard for maximum sound levels at the property boundary as set forth in Chapter 9.32 HMC. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

A telecommunication facility shall not be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area, as defined in subsection (B) of this section, that exceed the FCC-adopted NIER standard for human exposure, as amended from time to time.

Initial compliance with this requirement shall be demonstrated for any facility within 400 feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed 80 percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the planning and building director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. Because of their intermittent nature, facilities solely for personal use, such as citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, or for the incidental use of a co-located commercial activity, shall be required to comply with applicable FCC rules for NIER emissions, but they shall be routinely exempt from the submission requirements in this section unless otherwise required by the planning and building director.

Every telecommunication facility within 400 feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the planning and building director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where the levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed 80 percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's/engineer's findings with respect to compliance with the current NIER standard shall be submitted to the planning and building director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within 90 days of the date said change becomes effective.

Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement use.

Exceptions to the requirements specified above may be granted through issuance of a use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

An exception to the requirements of subsections (O) and (Q) above may only be granted upon written concurrence by the fire chief.

Tower setback requirements may be waived under any of the following circumstances:

No adult business shall be located within 1,000 feet of the following:

No adult business shall be located within 300 feet of another adult business.

For purposes of this section, all distances shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the adult business is proposed to be located to the nearest property line of a use or district listed above.

Advertisements, displays or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from other areas open to the general public.

All building openings, entries and windows for an adult business shall be located, covered, or screened in such a manner as to prevent a view into the interior of an adult business from any area open to the general public.

All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.

No residential structure or any other nonconforming structure shall be converted for use as an adult business after enactment of the provisions of this article.

An on-site security program shall be prepared and submitted for the approval of the chief of police.

The proposed project does not include in excess of five hotel guest rooms or suites. If the proposed project would expand an existing hotel, the total number of hotel guest rooms or suites within the hotel shall not exceed five hotel guest rooms or suites.

The addition of the proposed number of hotel guest rooms or suites, when added to the number of existing hotel guest rooms or suites, shall not exceed five total hotel guest rooms or suites per block face, unless separated by 500 feet or more. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of "Lot line, front" in HMC § 20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.

The proposed hotel rooms are located behind or above retail or lobby space on a primary street frontage.

The proposed hotel does not front on a residential zoning district.

Parking required by Chapter 20.16 HMC, Article VIII shall be provided on site.

Accessory uses to the hotel such as meeting rooms or guest event spaces shall be subordinate to the hotel use.

Residential units shall not be converted into hotel rooms.

Purpose. This section provides the development, operating, and permit standards for all commercial cannabis uses, including both adult (recreational) and medicinal cannabis uses, to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Additional standards may apply to particular commercial cannabis uses, as established in other subsections of this section.

Applicability. Commercial cannabis uses shall be permitted only in compliance with the requirements of this section, state law and all other applicable requirements for the specific type of commercial cannabis use and those of the underlying base zone. In addition to the requirements of this section, commercial cannabis uses shall comply with all applicable state laws and regulations, including the California Environmental Quality Act (CEQA), and other applicable provisions of the City of Healdsburg's general plan and municipal code. The terms used in this section are defined in HMC § 20.28.310, except for those terms that are defined specifically in this section. Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to engage in any commercial cannabis use within the City without first having obtained from the City a valid commercial cannabis permit issued pursuant to the provisions of this section. Possession of other types of state or City permits or licenses does not exempt a person or entity from the requirement of obtaining a commercial cannabis permit under this section. Unless specific distinctions are made in subsequent subsections, these requirements shall apply equally to either adult use or medical cannabis activities.

Limitations on Use. A commercial cannabis use shall only be allowed if such use is in compliance with this section and all applicable provisions set forth and/or incorporated in the Healdsburg Municipal Code, including but not limited to building, plumbing, electrical, fire, hazardous materials, and public health and safety codes. A commercial cannabis use shall comply with all laws and regulations applicable to that type of commercial cannabis use, including all state cannabis laws, and shall comply with all permit, license, approval, inspection, reporting, and operational requirements of other public agencies having jurisdiction over that type of commercial cannabis use. The commercial cannabis use owner or manager shall provide copies of other agency and department permits, licenses, or certificates to the City of Healdsburg to serve as verification of such compliance.

Application Procedures and Requirements. The form and content of the commercial cannabis permit application, the procedures for submitting a commercial cannabis permit application, and the procedures for the issuance and/or denial of a commercial cannabis use permit shall be specified by the City Manager or their designee. In addition to any other disclosures, data, forms, recitals, assurances, agreements, or other information required by federal, state, or local law, applicants for a commercial cannabis permit shall provide the following information when submitting an application for a commercial cannabis permit:

Compliance With County Health Regulations and Requirements. Commercial cannabis uses shall be subject to permit requirements and regulations, including inspections, established by the Sonoma County Department of Health Services under the direction of the County Health Officer, or any other individual designated by the County Health Officer to act on their behalf.

Development Standards.

Permit Requirements. In addition to state permitting requirements and the requirements of this section, including the requirement of a commercial cannabis permit, commercial cannabis uses shall be subject to the cannabis permit requirements as shown in Table 10 of HMC § 20.08.145, Table 12 of HMC § 20.08.155, and Table 15 of HMC § 20.08.195. In addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes. Any violations of the Healdsburg Municipal Code or any other local, state, or federal law pertaining to the structure or property to be used for the commercial cannabis use must be cured prior to issuance of a commercial cannabis permit. The City Manager or their designee may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this section. Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Healdsburg Municipal Code and any additional requirements established by other subsections of this section, resolutions or ordinances of the City Council or a vote of the citizens of Healdsburg. A City business license is required for commercial cannabis uses, pursuant to Chapter 5.04 HMC.

Exercise and Renewal of Permit. Commercial cannabis permits shall be exercised only by the applicant and are not transferable to any other person or entity without prior written City approval. Permits shall expire upon termination of the business for which it was issued, or upon sale or unauthorized transfer of ownership of the cannabis commercial use. Any commercial cannabis permit that is abandoned for a period of six months shall automatically expire and shall become null and void with no further action required on the part of the City. For purposes of this section, "abandonment" shall mean the failure to initiate the activities described in the permit application or cessation of regular and continuous business operations. All commercial cannabis permits, including commercial cannabis permits for cannabis storefront retailers and microbusinesses, have a term of three years and must be renewed prior to expiration. A commercial cannabis use must apply for permit renewal no less than 60 days prior to the expiration of their current permit. Approval of permit renewals may be issued by the City Manager or their designee following demonstration by the operator/permittee of compliance with all requirements in effect. Review shall also include, but not be limited to, analyses of the following:

Health and Safety. Commercial cannabis uses shall not create a public nuisance of any kind or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

Taxes. Commercial cannabis uses shall timely remit payment of all applicable taxes that may be enacted by the voters, including Chapter 3.32 HMC, or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

Security. The following security measures shall be adhered to by all commercial cannabis uses. Additional security measures may apply to particular commercial cannabis uses, as established in this section.

Employees.

Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

Tracking. Commercial cannabis uses and permittees shall comply with any track and trace program established by the City or by county or state agencies. Commercial cannabis uses must maintain records tracking all cannabis production and products and shall make all records related to the commercial cannabis use available to the City upon request. The City Manager or their designee may require commercial cannabis uses to comply with a county track and trace system if appropriate.

Police Notification. Commercial cannabis uses shall notify the Healdsburg police department within 24 hours of discovering any of the following:

Inspections. Commercial cannabis uses shall be subject to inspections by appropriate local and state agencies, including but not limited to the Departments of Health Services, Agriculture/Weights and Measures, and the City of Healdsburg. Commercial cannabis uses shall be inspected at random times for conformance with the Healdsburg Municipal Code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may request that the City temporarily suspend the permit and order the cannabis operation to immediately cease operations.

Restriction on Alcohol Sales. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis use. This section shall not apply to responsible after-hours consumption by employees which does not violate any state or local law or regulation. After-hours consumption, however, is not permitted at any cannabis retail dispensary or microbusiness.

Appeal of Decision on Commercial Cannabis Permit. Within 10 days of a decision by the City Manager or their designee to approve or disapprove a commercial cannabis permit application for a commercial cannabis use other than a cannabis storefront retailer or cannabis microbusiness, or a decision by the City Manager or their designee to approve or deny a commercial cannabis permit renewal application, an applicant or interested party may appeal the approval or disapproval by following the procedures for appeals set forth in Chapter 2.36 HMC. The appeal hearing shall be set and conducted in accordance with Chapter 2.36 HMC.

Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this section shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this section shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Healdsburg, the Healdsburg City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgments (including legal costs, attorneys' fees, expert witness or consultant fees, City attorney or staff time, expenses or costs) (collectively called "action") against the City to attack, set aside, void or annul any cannabis related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the commercial cannabis permittee shall reimburse the City for its reasonable legal costs and attorneys' fees. Permittees under this section shall be required to agree to the above obligations in writing.

Purpose. This subsection provides the locational, operational, and permit standards for any commercial cannabis storefront retailers and cannabis microbusinesses within the City in order to promote the health, safety, and general welfare of its residents and businesses. The standards in this subsection shall be in addition to standards contained in subsection (A) of this section (Standards for All Commercial Cannabis Uses) for all commercial cannabis uses.

Applicability. Commercial cannabis storefront retailers and cannabis microbusinesses with retail activity (collectively, a "retail dispensary," "retail dispensaries," "cannabis retail dispensary," or "cannabis retail dispensaries") shall be permitted only in compliance with the requirements of this subsection (B), all other applicable requirements of subsection (A) of this section (Standards for All Commercial Cannabis Uses), and all other applicable requirements of the Healdsburg Municipal Code, including Chapter 3.32 HMC (Cannabis Business Tax), and state and county agencies. The regulations and requirements of this subsection (B) do not apply to nonstorefront cannabis retailers that only engage in the retail sale by delivery of medicinal cannabis to qualified patients and primary caregivers, which are addressed under subsection (D) of this section (Standards for Nonstorefront Commercial Medicinal Cannabis Retailers).

Permit Requirements and Application Procedure. A commercial cannabis permit, issued in addition to any applicable permit issued by the Sonoma County Department of Health Services, shall be required to operate a cannabis retail dispensary within the City of Healdsburg. Cannabis retail dispensaries shall also be subject to permit requirements and regulations established by the state and those established by the City Council through resolution or ordinance, or by a vote of the citizens of Healdsburg. Commercial cannabis permits for retail dispensaries shall be considered and issued according to the following procedure:

Limit on Number of Retail Dispensaries. No more than two retail dispensaries shall be permitted within the City at any one time. All facilities authorized under this subsection must maintain a storefront which is open to the public. This limit is inclusive of cannabis microbusinesses with a Type 12 state license operating a retail dispensary.

Specific to Cannabis Microbusinesses. Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to all commercial cannabis permit procedures and requirements for cannabis retail dispensaries under this section. Any commercial cannabis permit issued to a Type 12 microbusiness with a manufacturing component will also be subject to the applicable requirements of subsection (C) of this section (Standards for Manufacturing, Testing, Storage, and Distribution of Commercial Cannabis). Cultivation shall not be an allowed component of a Type 12 microbusiness license.

Location Requirements. Unless otherwise allowed under state law and as modified by this subsection:

Operating Standards. In addition to standards contained in subsection (A) of this section (Standards for All Commercial Cannabis Uses), the following are the minimum development criteria and operational standards applicable to any cannabis retail dispensary:

Permits for commercial manufacturing, testing, storage, and distribution of cannabis shall be issued by the City Manager or their designee according to the requirements of subsection (A)(7) of this section and this subsection (C) and may include conditions of approval.

Additional Operating Standards. In addition to the requirements of subsection (A) of this section, any base zone requirements, and all state cannabis laws and regulations, commercial cannabis uses permitted under this subsection shall also comply with the following operational standards:

Permit Requirements and Restrictions. The following limits on permits for commercial cannabis uses engaging in manufacturing, testing, storage, and distribution of commercial cannabis apply:

Manufacturing shall be subject to any additional permitting and inspection requirements of the Sonoma County health official, per subsection (A)(5) of this section.

Purpose. This subsection provides the locational, operational, and permit standards for any nonstorefront commercial medicinal cannabis retailer within the City in order to promote the health, safety, and general welfare of its residents and businesses.

Permits for nonstorefront commercial medicinal cannabis retailers shall be issued by the City Manager or their designee according to the requirements of subsection (A)(7) of this section. A nonstorefront commercial medicinal cannabis retailer that engages only in the retail sale by delivery of medicinal cannabis to qualified patients and primary caregivers shall comply with the following requirements and regulations:

Permit Requirements and Restrictions. The following limits on permits for a nonstorefront commercial medicinal cannabis retailer apply:

Public Nuisance. The violation of this section, any regulation promulgated under this section, and the condition of any permit issued under this section is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Chapter 1.12 HMC.

The provisions of this section, any regulation promulgated under this section, and the condition of any permit issued under this section may be enforced by the City by any means provided for in Chapter 1.12 HMC in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law. Violations of this section, any regulation promulgated under this section, and the condition of any permit issued under this section are punishable as misdemeanors. Each day of engaging in any of the prohibited activities shall constitute a separate offense.

In addition to any other remedies available to the City under the law, the City may revoke, modify, or suspend any commercial cannabis permit, following notice and opportunity for a hearing, based on any one of, or combination of, the conditions set forth below:

The following procedures apply to the revocation, modification, or suspension of a commercial cannabis permit:

The election of any particular enforcement remedy shall in no way act as a waiver of the pursuit of any other available enforcement remedy. The City may pursue any enforcement remedy, or combination of enforcement remedies, permitted by law to achieve compliance with this section, any regulation promulgated under this section, and the condition of any permit issued under this section.

Outdoor Cultivation. Cultivation of cannabis is prohibited in all zoning districts of the City, except when such cultivation occurs on property with a private residence and in accordance with the following reasonable regulations:

Indoor Cultivation. Indoor cultivation of cannabis is prohibited in all zoning districts of the City, except when such cultivation occurs on property with a private residence and in accordance with the following reasonable regulations:

Restriction on Location of Cultivation. No cannabis cultivation or storage of cannabis products or preparation of cannabis products, whether indoor, outdoor, or through use of "mixed-light," is permitted within any nonresidential structure, or within 300 feet of any hospital, school, church, park or playground, child care center, recreation center or youth center. The distance between any cannabis cultivation and any hospital, school, church, park or playground, child care center, recreation center or youth center shall be measured in a straight line, without regard to intervening structures, from (a) with regard to outdoor cultivation, the closest property line of the lot or site on which the outdoor cultivation is occurring and (b) with regard to indoor cultivation, the closest exterior wall of the fully enclosed and secure structure in which the indoor cultivation is occurring, to the closest property line of the lot or site containing the hospital, school, church, park or playground, child care center, recreation center or youth center. This restriction does not apply to indoor cultivation within a private residence that complies with the terms and restrictions on indoor cultivation as set forth in this section.

Restriction on Possession or Use.

An adult user, qualified patient or primary caregiver shall reside in the dwelling unit on the lot or site upon which cannabis is being cultivated and such dwelling unit must be the adult user's, qualified patient's or primary caregiver's primary place of residence. No person other than an individual over 21 years of age may engage in the cultivation of nonmedical cannabis.

If the cultivation occurs in a dwelling unit, the dwelling unit shall retain at all times legal and functioning cooking, sleeping and sanitation facilities with proper egress.

Cannabis cultivation is permitted only on a lot or site with a dwelling unit. The primary purpose of the property on which the nonmedical cultivation occurs shall be as a private residence.

Outdoor cannabis plants shall be located a minimum of five feet from property lines.

Outdoor cannabis plants shall be located only in the rear yard of a lot or site.

Outdoor cannabis plants are not permitted to be located in front yards of a lot or site.

Outdoor cannabis plants are limited to a maximum height of six feet above grade.

Indoor grow lights shall not exceed 1,200 watts and comply with the California Building, Electrical, Plumbing and Fire Codes as adopted by the City. Gas products (CO₂, butane, propane, natural gas, etc.) or generators may not be used indoors.

The residence or fully enclosed and secure permitted structure used for the cultivation of cannabis must install a filtered ventilation system that will prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Mechanical Code Section 402.3, Mechanical Ventilation, as amended. The filtered ventilation system must be approved by the building official and installed prior to commencing cultivation.

A fully enclosed and secure residential accessory structure used for the cultivation of nonmedical cannabis shall be located in the rear yard area of the property and must maintain a minimum 10-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height.

Volatile solvents as defined in State Health and Safety Code Section 11362.3(d) or generators are strictly prohibited and may not be used for the cultivation, manufacturing or processing of cannabis.

A portable fire extinguisher, that complies with the regulations and standards adopted by the California State Fire Marshal and other applicable law, shall be kept in the area of cultivation at all times in a location that is easily accessible.

The private residence or the fully enclosed and secure structure shall comply with all provisions of California Building Standards Code (Title 24, California Code of Regulations) as adopted and amended by the City of Healdsburg.

Adequate mechanical locking or electronic security systems must be installed to ensure the indoor nonmedical cannabis cultivation is secure from the entry or access of any person under 21 years of age and from theft or vandalism, prior to the commencement of indoor nonmedical cultivation.

Indoor cultivation of marijuana shall only take place on impervious surfaces.

From a public right-of-way, there shall be no exterior evidence of nonmedical cannabis cultivation occurring on the property.

Public Nuisance Prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any lot, site, dwelling unit, and/or fully enclosed and secure structure within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, (b) repeated responses to the parcel from law enforcement officers, (c) repeated disruption to the free passage of persons or vehicles in the neighborhood, (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or (e) any other impacts on the neighborhood which are disruptive of normal activity in the area.

Nothing herein shall be construed or interpreted to amend, repeal, affect, or restrict the ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under this section.

Mixed-light cultivation of cannabis (e.g., state-licensed cultivation sites).

Cannabis nurseries.

"Tasting room" type facilities, including but not limited to the offering or providing of free samples of cannabis at a retail facility.

Public Nuisance. The violation of this section is hereby declared to be a public nuisance and may be enforced pursuant to the provisions of Chapter 1.12 HMC.

Seizure and Destruction of Cannabis. Except as otherwise expressly stated in this section, all cannabis seized by the City police in the enforcement of this article shall be seized, retained and destroyed in the same manner and subject to the same procedures as are provided in California Health and Safety Code Sections 11472 through 11479, for cannabis possessed in violation of Division 10 of the Health and Safety Code. The requirements in Health and Safety Code Section 11479(b), prescribing the conditions that must be satisfied before seized cannabis may be destroyed without a court order, as applied by this section, are revised as follows:

Right of Entry. The code enforcement officer, building official, planning director, chief of police, fire inspector, or a designee is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this section. Reasonable advance notice of any such entry and inspection shall be provided and, before entry, consent shall be obtained in writing from the owner or other person in lawful possession of the property. If consent cannot for any reason be obtained, an inspection warrant shall be obtained from a court of law prior to any such entry and inspection. In those cases where consent is denied, the City may seek to recover the costs it incurs in obtaining a warrant from the property owner and/or person in lawful possession of the property.

Abatement. The City attorney, in the name of and on behalf of the City and/or the people of the City, may bring a civil action in a court of competent jurisdiction to enforce any provision of this section, or to restrain or abate any violation of the provisions of this section as a public nuisance pursuant to the procedures set forth in Chapter 1.12 HMC.

Violation. Cultivation of cannabis that does not comply with this section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided in Chapter 20.04 HMC.

Penalties Not Exclusive. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this section or to abate a public nuisance.

All firearm sales require the approval of a conditional use permit.

The application and procedure for the conditional use permit, including notice and hearing requirements, shall be as set forth in Article V of Chapter 20.28 HMC (Administration).

The planning and building director may refer the application to other City departments to determine whether the premises where firearm sales will occur complies with the City's building, health, zoning and fire ordinances, and any other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

Grounds for Conditional Use Approval, Denial or Revocation.

Conditional Use Permit Conditions. The planning and building director may recommend that the firearm sales conditional use permit include any conditions necessary to ensure compliance with the provisions of this section and other sections of the HMC, as well as to ensure the public health, safety, and welfare, including but not limited to:

In addition to the above, any conditional use permit issued to an applicant to establish firearms sales operating as an accessory use to a sporting goods or hardware store shall include a condition requiring that firearm sales, display and storage do not exceed five percent of the floor area of the business location.

Firearm sales are only allowed in the zoning districts that list "firearm dealers," "hardware, paint and wallpaper stores, with firearm sales," or "sporting goods sales, with rental as an accessory use, with firearm sales" in the use table for that zoning district.

No firearm sales shall be located within 500 feet of the following:

For the purposes of this section, all distances shall be measured in a straight line, without regard for intervening structures, roads, railroads, or natural features, from the nearest property line on which the firearm sales use is located to the nearest property line of any use listed above.

The use has a time limit not to exceed 12 months, with the possibility of one 12-month extension;

The temporary use is located on the same parcel as or a contiguous parcel to the primary use;

The temporary use site is zoned CS, I, MP, or MU;

The use does not include the construction or establishment of permanent structures, pavement, or other features;

Sensitive environmental resources such as oak trees, wetlands, and endangered species will not be impacted;

The use is accessory to an existing primary use (or approved primary use) within the Healdsburg City limit;

The use is not in conflict with conditions or other limitations of existing discretionary approvals that apply to the site; and

The use shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to have detrimental effects on the surrounding properties or the community.

Temporary Construction Yards – Off Site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, or the expiration of the minor or major temporary use permit, whichever first occurs.

Temporary unpaved parking lots.

Temporary outside storage of equipment and product.

Modular/portable buildings used for classrooms or offices.

Other temporary uses of a similar nature as determined by the planning and building director.

Regulation of hours and days of operation;

Requirement of bonds or other guarantees for cleanup or removal of any structures or equipment and/or the return of temporary use site to its original state within a specified period of time;

Regulation of permit duration except for as specified herein;

Regulation of signs and advertising;

Regulation of lighting and fencing;

Regulation of public-address or sound system;

Regulation of gas, dust, smoke, noise, fumes, vibrations or other nuisances;

Regulation of design features including, but not limited to, size, colors, material, architectural details and landscaping;

Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety, to be maintained during the operation of the use as necessary; and

Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.

The minor or major temporary use permit complies with the various provisions of this chapter;

The temporary use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;

The temporary use will not adversely affect sensitive species, or wetlands, or adjacent uses, buildings or other structures;

The temporary use will not endanger the public health, safety or general welfare; and

That the granting of the temporary use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.

This section does not apply to any business that has received a business license prior to the adoption of this section.

The following requirements shall apply to all applications for a conditional use permit to establish a formula retail business in the CD District.

The proposed formula retail use is compatible with the purposes of the PR and CD Districts.

The proposed formula retail business will not detrimentally affect the health, safety or welfare of the community.

The formula retail business serves an immediate need that is not currently met in the community. The business will fill a gap in the market or provide a product not offered by existing downtown businesses.

The formula retail business will not disrupt the historic character or cultural qualities of downtown.

The formula retail business will not adversely affect the economic vitality of existing local businesses.

The design and signage will comply with the Citywide design guidelines and remain consistent with other signage in the immediate area.

The primary use is a permitted use or conditionally permitted use within the PR or CD District. If a conditionally permitted use, the planning commission is able to make the findings required for that conditionally permitted use.