This article establishes general administrative procedures for administering and implementing the Land Use Code. The provisions outlined and set forth in this article are established for all administrative procedures.
(Ord. 950 § 2 (Exh. A § 2500), 1998)
Three reviewing entities are hereby established and described as follows:
A. 
City Council. The City Council is established through the incorporation of the City of Healdsburg and has final review of all matters relating to planning and zoning, subject to delegation of such authority as provided in this title.
B. 
Planning Commission. The planning commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the City Council.
The powers and duties of the planning commission shall include:
1. 
Authority to hear and decide:
a. 
Applications for major conditional use permit;
b. 
Applications for variances, with the exception of those made by the zoning administrator, pursuant to HMC § 20.28.215;
c. 
Applications for major design review;
d. 
Adoption of negative declarations or EIR certification and findings when associated with another application acted upon by the planning commission.
2. 
Authority to review and make recommendations to the City Council on:
a. 
Applications for ordinance amendments and zoning map changes;
b. 
Applications for tentative subdivision maps;
c. 
Applications for General Plan amendments;
d. 
Environmental documentation where final permit approval is made by the City Council.
3. 
Authority to act upon appeal of any order, requirement, permit, decision, or determination made by an administrative or appointed official, such as the planning department staff, planning director or zoning administrator in the administration or enforcement of this title.
4. 
The planning commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this title. All meetings shall be open to the public. The planning commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the planning department.
C. 
Zoning Administrator. A zoning administrator may be appointed to perform certain duties as described in this title and as authorized by the State Planning and Zoning Law. The City Manager shall appoint the zoning administrator and determine qualifications for the office.
1. 
The zoning administrator provides a method by which minor adjustments from ordinance requirements can be made without the delays resultant to the setting of such matters for public hearing before the planning commission and to relieve the planning commission from certain minor and routine matters.
2. 
The zoning administrator shall have the authority to grant or conditionally grant minor use permits, minor temporary use permits, minor variances, and determinations of unspecified uses as set forth elsewhere in this title.
3. 
The zoning administrator shall adopt rules and regulations to govern the procedures at public meetings and to set times for required meetings. All meetings shall be open to the public.
D. 
Table 22 summarizes the various reviewing and approval bodies for applications made pursuant to this title.
Table 22 Permit approval matrix
Application Type
Recommending Authority
Approval Authority
Appeal
Final Decision-Making Body
Building relocation
None
Building official and planning director
Planning commission
City Council
Conditional use permit – major
Staff
Planning commission
City Council
City Council
Conditional use permit – minor
Staff
Zoning administrator
Planning commission
City Council
Design review – major
Staff
Planning commission
City Council
City Council
Design review – minor
Staff
Planning and building director
Planning commission
City Council
Determination of use
Staff
Zoning administrator
Planning commission
City Council
General Plan amendment (map and/or text)
Planning commission
City Council
None
City Council
Variance – major
Staff
Planning commission
City Council
City Council
Variance – minor
Staff
Zoning administrator
Planning commission
City Council
Temporary use permit – major
Staff
Planning commission
City Council
City Council
Temporary use permit – minor
Staff
Zoning administrator
Planning commission
City Council
Zone change
Planning commission
City Council
None
City Council
Zoning ordinance amendment (rezone and prezone)
Planning commission
City Council
None
City Council
Notes:
Staff: The professional staff of the planning and building department
(Ord. 950 § 2 (Exh. A § 2505), 1998; Ord. 1012 § 2 (Exh. A § 10), 2004; Ord. 1187 § 6, 2019; Ord. 1231 § 17, 2023)
A. 
Notice shall be given in accordance with state law and as set forth in Table 23. In addition, the City may give notice of hearings in any other manner deemed necessary or desirable so long as compliance with state law is assured.
Table 23 Notification requirements
Type of Procedure, Permit or Hearing
Surrounding Properties
Publication
On-Site Posting
On-Site Sign
Appeal
(1)
(1)
(1)
(1)
Conditional use permit – major
yes
yes
no
yes
Conditional use permit – minor
yes
no
yes
no
Determination of use
no
no
no
no
General Plan amendment (map designation)
(2)
yes
no
yes
General Plan amendment (text)
no
yes
no
no
Design review – major
yes
yes
no
yes
Design review – minor
no
no
no
no
Variance – major
yes
yes
no
yes
Variance – minor
yes
no
yes
no
Temporary use permit – minor
yes
no
yes
no
Temporary use permit – major
yes
yes
no
yes
Subdivision – major
yes
yes
no
yes
Notes:
(1) Notification shall occur in the same manner as required for the original application.
(2) Surrounding properties are notified if the amendment affects permitted uses and property.
B. 
Where notification of surrounding property owners is required, the following shall apply:
1. 
Notice of the hearing shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the hearing. This shall be as measured from the exterior property boundaries of the subject property, regardless of intervening streets.
2. 
If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City, in lieu of mailed or delivered notices, may provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the community.
C. 
For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation within the community at least one time.
(Ord. 950 § 2 (Exh. A § 2510), 1998; Ord. 1012 § 2 (Exh. A § 11), 2004; Ord. 1049 §§ 1, 2, 2006; Ord. 1187 § 7, 2019; Ord. 1231 § 18, 2023)
A. 
Any action taken by the planning and building director, zoning administrator and/or planning and building department staff in the administration or enforcement of the provisions of this Title may be appealed by any person aggrieved, or by any officer, commission or department of the City. Such appeals shall be made to the planning commission. Any action taken by the planning commission may be appealed to the City Council.
B. 
The notice of appeal shall be in writing and shall be filed with the planning and building department on forms provided by the City. An appeal from any action in the administration or enforcement of this Title shall indicate specifically the error or abuse of discretion.
C. 
Any appeal shall be filed within 10 days after the hearing or action from which the appeal is made. Upon the filing of an appeal, the planning and building department shall transmit a copy of the appeal to the body authorized to hear the appeal.
D. 
For appeal from actions taken by the planning and building director, zoning administrator or planning and building department, the following procedures shall govern:
1. 
Upon receipt of the notice of appeal, the planning and building department shall set a date for planning commission hearing of the matter and give notice of the date, time and place of the hearing to the applicant and appellant. Further, the planning and building department shall give public notice of the hearing at least 10 days prior to the hearing. Prior to the hearing, the planning and building department shall transmit a report to the planning commission summarizing a report of findings regarding the appeal.
2. 
The planning commission shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The commission may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter. The planning commission shall transmit a copy of decision to the applicant, appellant and the planning and building department.
E. 
For appeal from actions taken by the planning commission, the following shall govern:
1. 
Upon receipt of the notice of appeal, the City Clerk shall set a date for City Council hearing of the matter and give notice of the date, time, and place of the hearing to the applicant, the appellant, and the planning department. The City Clerk shall give public notice of the hearing at least 10 days prior to the date of the hearing. Prior to the hearing, the planning department shall transmit a report to the City Clerk summarizing a report of findings regarding the appeal.
2. 
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this Title. The City Clerk shall transmit a copy of the decision to the applicant, appellant, and the planning department.
(Ord. 950 § 2 (Exh. A § 2515), 1998)
Applicants for discretionary approvals may request up to a maximum of two continuances of an agendized public hearing item. Applicants are required to submit their request in writing or email to the planning and building department director a minimum of 24 hours prior to the start of the scheduled public hearing.
(Ord. 1132 § 2, 2014)
A filing fee, as determined by City Council resolution, shall accompany an application for any action taken under the provisions of this article. Any applications made by the City or any of its representatives shall be exempt from this requirement.
(Ord. 950 § 2 (Exh. A § 2520), 1998)
The City shall make available to interested members of the public necessary publications relating to the administration of this Title, at a fee adopted separately by City Council resolution.
(Ord. 950 § 2 (Exh. A § 140), 1998)