Cloverdale City Council
March 27, 2024

CITY OF CLOVERDALE

PLANNING COMMISSION
RESOLUTION NO. PC005-2024

A RESOLUTION OF THE CITY OF CLOVERDALE PLANNING COMMISSION RECOMMENDING THAT THE

CITY COUNCIL APPROVE ZONING AND MUNICIPAL CODE TEXT AMENDMENTS TO DELETE CLOVERDALE MUNICIPAL CODE (CMC) CHAPTER 15.34: RESIDENTIAL GROWTH MANAGEMENT PLAN AND SECTION

18.02.100: RESIDENTIAL GROWTH MANAGEMENT AND AMEND CHAPTER 17.04; SECTION 17.48.050; SECTION 18.03.150; TABLE 18.04.040-A; TABLE 18.04.050-A; SECTION 18.05.020(B) & (E); TABLE

18.05.030-A; SECTION 18.09.180; CHAPTER 18.09; SECTION 18.11.020; TABLE 18.11.050-A; SECTION

18.13.060 AND SECTION 18.14.030 OF THE CLOVERDALE MUNICIPAL CODE (CMC).

WHEREAS, on April 26, 2023, the City Council adopted the 2023-2031 Housing Element which includes various goals and policies, each with their own implementation programs and schedules for being implemented during the 2023-2031 planning period; and
WHEREAS, the City of Cloverdale has initiated various zoning and municipal code text amendments to Title 15 (Buildings and Construction), Title 17 (Subdivisions) and Title 18 (Zoning) in an effort to effectuate Implementation Program IP-2.3.3 of the Housing Element, to ensure consistency between the Cloverdale Municipal Code (CMC), General Plan and Zoning Ordinance, and to bring the code into conformity with state law; and
WHEREAS, on March 5, 2024, the Planning Commission held a meeting to review and discuss the zoning and municipal code text amendments, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on March 5, 2024, the Planning Commission held a properly noticed public hearing on the zoning and municipal code text amendments, which included newspaper publication at least 10 days prior to the scheduled hearing date at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated March 5, 2024, and incorporated herein by reference, described and analyzed the Project including the zoning and municipal code text amendments; and WHEREAS, the Planning Commission considered all above-referenced reports, recommendations, and testimony before making a recommendation on the Project; and WHEREAS, on March 5, 2024, the Planning Commission adopted Resolution No. 003-2024, recommending the City Council approve zoning and municipal code text amendments deleting Cloverdale Municipal Code (CMC) Chapter 15.34: Residential Growth Management Plan and Section 18.02.100: Residential Growth Management and amending Chapter 17.04; Sec�on 17.48.050; Sec�on 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Sec�on 18.05.020(B) & (E); Table 18.05.030-A; Sec�on 18.09.180; Chapter 18.09; Sec�on 18.11.020; Table 18.11.050-A; Sec�on 18.13.060 and Sec�on 18.14.030 of the CMC; and WHEREAS, An Addendum to the General Plan EIR was adopted for the Housing Element Update. The proposed code amendments are also exempt from CEQA under Section 15061(b)(3)) because they would establish new or revised development standards and future development is still subject to permitting and, would still require individual review for compliance with CEQA. Finally, Government Code Section 65852.21 and 66411.7 explicitly state that ordinances such as the one proposed here, adopted in order to implement state law, would not constitute a “project” under CEQA; and 163

NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the Ordinance attached as Exhibit A and incorporated herein by reference, which amends the Cloverdale Municipal Code.
* * * * * * * * * * * * *
The Resolution was duly adopted on this the 5th day of March 2024, by the following roll call vote:

Yes: (5) Chair Sanders, Vice Chair Spingler, Commissioners: Asay, Carni, Wagy No: (0) None
Abstain: (2) Alternate Commissioners: Cadle, Williams

Absent: (0) None
Approved: Attested:
__________________________ __________________________
Eric Sanders, Chair Michael Maloney, City Clerk
Exhibits:

A. Ordinance Amending Title 15 (Buildings and Construction), Title 17 (Subdivisions) and Title 18 (Zoning)
164
ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION

18.03.150, CHAPTER 18.09, SECTION 18.090.180, SECTION 18.11.020, SECTION 18.13.060, SECTION 18.14.030, CHAPTER 17.04, SECTION

17.48.050, TABLE 18.04.040-A, TABLE 18.04.050-A, TABLE 18.05.030-A, AND TABLE 18.11.050-A AND REMOVING SECTION 18.02.100 AND CHAPTER 15.34 FROM THE CLOVERDALE MUNICIPAL CODE.

THE COUNCIL OF THE CITY OF CLOVERDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 18.02.100 is deleted in its en�rety and its space is reserved for future use:

18.02.100 Residen�al growth management. [RESERVED]
The purpose of this sec�on is to regulate residen�al development in an orderly manner. The Cloverdale general plan requires the city to develop a growth management program to allocate an average of seventyfive units per year, but also allow flexibility in the applica�on of the policy so that growth does not exceed three hundred seventy-five units in any five-year period. The program includes a strategy to meet the city’s housing element fair share goals and compact development goals.

The adop�on of this growth management program will assure that growth is consistent with the sewer and water capacity of the city. The general plan is based on a maximum popula�on of twelve thousand by 2025 to assure that popula�on growth does not exceed the city’s planned infrastructure capacity by the year 2025.

Adherence to the growth management program will not prevent the city from ataining its regional fair share housing needs as determined by the Associa�on of Bay Area Governments (ABAG) because the program gives first preference to affordable housing, and the number of housing units allowed exceeds the expected number of fair share units.

A. Administra�on. The city council, by resolu�on, may from �me to �me adopt or amend policies, procedures, rules, and requirements, including the adop�on of a processing fee, to implement and administer the provisions of this growth management program.

B. Annual Residen�al Building Permit Alloca�ons. The following chart iden�fies the annual alloca�on (number of units allowed) in any calendar year and the method for arriving at the annual alloca�on:

Calendar Year
A
Current Year
Annual Alloca�on
B
Bldg Permits
Issued in the
Calendar Year
C
A - B + 75 = Next
Year’s Alloca�on
D
5-Year Moving
Average
2010 75
2011
165
2012
Etc. to 2025
NOTES TO TABLE:

A. Annual alloca�on is the number of building permits that can be issued in the calendar year.

B. Building permits issued in the calendar year (entered at the end of the calendar year).

C. Annual alloca�on less permits issued plus seventy-five units for the next year equals the next year’s alloca�on.

D. Moving average of past five years’ permits, with 2010 being year one of the moving average. Five-year moving average may not exceed three hundred seventy-five units.

C. Exemp�ons. The following are exempt from regula�on by the residen�al growth management program:

1. Accessory dwelling units as defined in this �tle and legally exempted under California Government Code Sec�on 65852.2.

2. Reconstruc�on, par�al reconstruc�on, restora�on or addi�ons to exis�ng residen�al dwelling units that do not result in an increase to the exis�ng number of residen�al dwelling units.

3. Commercial, professional office, industrial or other nonresiden�al projects.

4. Community care facili�es, homeless shelters, healthcare facili�es, elder care facili�es, nursing homes, and sanitariums.

D. Alloca�on Procedures.

1. Issuance of building permits shall be allowed by the planning director un�l the annual alloca�on has been fully exhausted. The planning director may determine if alloca�ons will be issued daily, weekly, monthly, or at some other interval.

2. If there is an applica�on for an affordable housing project, and the planning director determines that building permits for that project may be issued within the calendar year, the planning director may reserve enough units in the alloca�on to allow building permit issuance for that project.

3. If there are applica�ons for permits for land which was within the city limits as of May 13, 2009, permits for such land shall be issued prior to permits issued for lands which were outside the city limits as of May 13, 2009.

4. If a building permit with an alloca�on expires, the alloca�on for that permit shall be added back to the alloca�on process. (Ord. 714-2017 § 4 (Exh. D), 2017: Ord. 698-2015 § 3 (At. 1) (part), 2015) SECTION 2. Chapter 18.03.150 is amended to read:

18.03.150 Design review—Major and minor.

A. Purpose and Intent. The city of Cloverdale is a city with unique characteris�cs, and the design review process is intended to protect the city’s spectacular natural vistas and dynamic natural features as well as 166
to preserve the scale and character of established older neighborhoods and the city’s downtown. Design review is also intended to promote high-quality design and well-built and maintained buildings, landscaping and public ameni�es in order to further the rela�onship between the appearance of buildings and structures, property values and the taxable value of property in the city.

1. The design review process is intended to implement general plan objec�ves and policies through the following:
a. Design standards contained in Chapter 18.10;
b. Residen�al, commercial and industrial design guidelines; and c. Documents that s�pulate standards and regula�ons governing design.

2. Design review shall ensure that the following standards are met: [Consistent with exis�ng State law, objec�ve design standards are those that involve no personal or subjec�ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.

Residen�al developments that are subject to this chapter must be consistent with the applicable development standards of the zoning district in which they are located.] B. Authority. The planning commission is authorized to approve design review applica�ons or make recommenda�ons to the city council. Design review applica�ons shall be approved by the decision-making body ac�ng on the permit or approval requiring design review pursuant to this �tle. The planning director may approve minor design review applica�ons without reques�ng a recommenda�on from the planning commission [for development projects that are eligible to be approved through a ministerial review process.]
C. Design Review Required.

1. Design review shall be required [as allowed by law] for new construc�on, building remodeling which changes the exterior appearance and is visible from the street or sidewalk, and the installa�on of awnings or similar features atached to the exterior building facade that require a building permit for the land uses and areas listed below. See also Chapter 18.09 which contains development standards for specific uses that may also require design review. a. All commercial buildings;
b. All industrial buildings;
c. Any property fron�ng on Cloverdale Boulevard;
d. Any property fron�ng on Highway 101;
e. New housing with five or more units on a parcel; and f. Transi�onal housing.

2. The levels of design review are as follows:
a. Conceptual. Review by the planning commission or planning director for the purpose of providing the applicant with the authority’s tenta�ve reac�on to the general design concept of a proposed project. Such review shall not include a formal decision on the applica�on by the decision-making authority.
167
b. Minor. Minor changes to the exterior of exis�ng nonresiden�al buildings that require a building permit, including awnings, a change of use in a nonresiden�al building and site not involving substan�al site changes (the later determina�on will be made at the �me of business license applica�on).[, residen�al construc�on involving not more than four units, and reconstruc�on projects involving less than 25 percent of the floor area of an exis�ng on-site building(s) or 3,000 square feet, whichever is less.]
c. Major.
i. Commercial, industrial, office and residen�al projects (five or more residen�al units per site) which involve the development of vacant land with site and building improvements or substan�al changes or addi�ons[structural addi�ons or new buildings which are greater than the standards outlined in 18.03.150(c)(2)(b) on] to a previously developed site; ii. Applica�ons involving a change of use that requires substan�al changes to the site and proposals for exterior building modifica�ons[, such as the conversion of a residen�al structure to an office, commercial, or mixed use];
iii. Projects subject to development approval by the planning commission, such as subdivisions, precise development plans, condi�onal use permits, PUD permits, and variances; iv. Projects subject to the California Environmental Quality Act.

D. Submital and Review Requirements. Whenever a permit or approval requires design review pursuant to this �tle, an applicant shall file the appropriate applica�on with the planning department.

E. Findings. The planning commission, city council, or planning director, when authorized, may approve a design review request only if all of the following findings of fact can be made:

1. The proposal is consistent with the general plan, any applicable specific plan and the provisions of this �tle, including but not limited to development standards and design review standards for the zoning district in which the property is located.

2. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. (Ord. 753-2023 § 4 (Exh.

A), 2023; Ord. 714-2017 § 4 (Exh. E), 2017: Ord. 698-2015 § 3 (At. 1) (part), 2015) [the project meets the objec�ve design standards set forth herein and within the respec�ve zone district] SECTION 3. Table 18.04.040-A is amended to read:

Table 18.04.040-A
Uses Permitted within Residential Zoning Districts
Legend
168
P Permitted
PP Permitted Subject to Plot Plan Review
C Permitted Subject to Approval of a Conditional Use Permit PUD Permitted Subject to Approval of a Planned Unit Development Permit NP Not Permitted
USE R-R R-1 R-2 R-3 Reference
Residential Uses3,4
Single-family detached—standard lot sizes P P P NP
Small lot single-family detached PUD PUD PUD NP
Single-family attached (townhouse, etc.) NP PUD PUD C
Single-room occupancy (SRO) living unit NP NP NP C
Condominium NP NP NP C
Multiple-family attached or detached NP NP P P
Accessory dwelling unit P P P P 18.09.180
Junior accessory dwelling unit P P P P 18.09.185
Residential care facility (includes facilities for the
elderly) (6 or fewer persons)

P P P P
Residential care facility (including facilities for the elderly) (7 or more persons)[5]
NP
[P]
NP
[P]
NP
[P]
C
[P]
Senior independent living uses NP NP NP PP
Convalescent home NP C C C
Mobile home park NP NP NP C 15.28
Manufactured homes P P P P 15.24
Boarding/rooming houses NP NP NP C
Guest quarters P PP C NP
[Low Barrier Navigation Centers4] [NP] [NP] [P] [P]
[Employee Housing3] [P] [P] [P] [P]
[Permanent Supportive Housing4] [NP] [NP] [P] [P]
Hotels and Lodging
Bed and breakfast inns C C C C 18.09.100
Hosted vacation rentals PP PP PP PP 18.09.265
Public/Quasi-Public Uses
Public/quasi-public uses C C C C
Small family day care P P P P
169
Large family day care P P P P
Adult day care C C C C
Child day care C C C C
Commercial recreation facilities, outdoor C C C C
Agricultural Uses
F.F.A., 4-H, or similar organization small animal and fowl projects1

P P P C
Equestrian centers, riding academies, commercial
stables, feed and tack stores accessory to commercial
stables

C NP NP NP
Raising of up to 5 chickens, excluding roosters1 P P P2 P2 Keeping of horses (minimum 2.5 acres for first horse, an additional acre for each horse thereafter)

C C NP NP
Beekeeping P P NP NP
Orchards, vineyards, greenhouses, horticulture
• Use area less than 0.5 acres P P P C
• Use area 0.5 acres or larger P C C C
Light farming, except commercial dairies, rabbit, fox,
goat or hog farms or commercial chicken or poultry
ranches

P P NP NP
Commercial dairies, rabbit, goat or commercial chicken
or poultry ranches (10 acre min.)

C C NP NP
Large animal hospitals, commercial kennels (10 acre
min.)
C NP NP NP 18.09.150
Accessory Uses
Home occupations P P P P 18.09.120
Accessory uses and structures meeting all city standards P P P P 18.09.070 Accessory uses and structures located on the same site
as a use requiring conditional use permit or plot plan
review
PP PP PP PP 18.09.070
Private tennis court C C C C
Recreational vehicle storage yard incidental to a
multiple-family housing development

NP NP NP C
Other uses similar to, and no more objectionable than,
the uses identified above, as determined by the
planning commission

C C C C
NOTES TO TABLE:
170

1. Animals and fowl shall be confined in a pen or fenced area that is located no closer than twentyfive feet to any residence other than that on the project site and are not permitted in front or street side setbacks. Every yard, pen, coop, or other enclosure for the keeping therein of small animals and/or poultry shall at all times be kept and maintained in a clean, sanitary and sightly condition, and free from any offensive odor.

2. Not permitted on lots containing more than one dwelling unit per lot.

3. Employee housing for farmworkers accommodating six or fewer workers shall be considered a residential use and shall not require any special approvals that are not required of a family dwelling of the same type in the same zoning district.

4. In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type located in the same zone.
[5. The permitting requirements and development standards applicable to residential care facilities (7 or more persons) shall apply when located within a residen�al structure where the use is permited by right in the underlying zone district.]
SECTION 4. Table 18.04.050-A is amended to read:

Table 18.04.050-A
Residen�al Site Development Standards
R-R R-1 R-2 R-3
Density7 (maximum units per net acre) 0.2 4.0 8.0 16.0
Lot area1,3 (minimum)
• Interior lot 30 acres 6,000 sf 6,000 sf 10,000 sf
• Corner lot 30 acres 7,000 sf 7,000 sf 10,000 sf
Lot width (minimum) 150' 60' 60' 60'
Lot depth (minimum) 100' 100' 100' 100'
Front setback5,6 (minimum) 35' 20' 20' 20'
Side setback5,6 (minimum)
• Interior 20' 1 story or lower story of a 2-story
residence: 5'
2nd story of 2-story residence: 10'
• Street side 20' 15' 15' 15'
Rear setback5,6 (minimum)
171
• One-story building 30' 20' 20' 10'
• Two-story building 30' 20' 20' 20'
Floor area ra�o2 (maximum)
• 0-4,000 sf net site 0.35 0.35 0.35 0.35
• 4,001 sf and larger net site 0.40 0.40 0.40 0.40
Building height (maximum) 35' or 2 stories, whichever is less. 14' for accessory buildings.

Distance between buildings4 (minimum) 20' 10' 10' 10'
Provision of open space[9]
• Public open space per unit — — 100 sf 100 sf
• Private open space per unit — — 60 [40] sf 60 [40] sf NOTES TO TABLE:

1. For detached single-family units, including detached units in PUD permits, planned developments and specific plans, no more than twenty-five percent of lots in any development may be less than four thousand square feet. No lots may be less than three thousand square feet.

2. Floor area ra�o (FAR) provisions apply to all units, including units in PUD permits, planned developments and specific plans. In a planned development, a composite FAR may subs�tute for individual lot FAR.

3. Refer to subdivision ordinance Sec�on 17.20.140(B)(2) for minimum lot areas for parcels with slope greater than seven percent.

4. Within a planned unit development, building separa�ons may be reduced to zero feet; provided, that firewalls are provided per UBC standards.

5. When a residen�al development is proposed to be located adjacent to or across the street from a developed industrially zoned property, a minimum building setback of fi�y feet measured from the property line shall be required from such industrial zoning district. The fi�een feet of this setback located adjacent to the street or industrial zoning district boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot-high wall, berm or combina�on wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to industrial zoning districts, walls shall be constructed in accordance with the provisions of Sec�on 18.09.030.

6. A fi�y-foot buffer setback is required on each side of waterways shown on the general plan conserva�on area map.

7. Densi�es may be increased as provided for under State Density Bonus Law and/or Chapter

18.13. 8. Development standards for construc�on of an accessory dwelling unit (ADU) are located in Sec�on 18.09.180, Accessory dwelling units.
[9. Design standards for open/common space are located in Sec�on 18.03.150.] 172
SECTION 5. Sec�on 18.05.020(B) is hereby amended to read:

B. Intent of Downtown Commercial (DTC) Zoning District. The purpose of the downtown commercial (DTC) zoning district is to provide for downtown commercial, cultural and office-related uses which recognize and are compa�ble with the historical, small-town nature of the downtown area. Residen�al uses are allowed above the first story or behind a commercial building on Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street; and at the ground floor and above on other streets in the DTC zoning district at ground floor and above. Mul�family residen�al uses are allowed above the first story of a permited commercial or office use or on the first floor subject to Plot Plan Review. The zoning district is established in order to reinforce the image of the downtown as the “heart” of Cloverdale and as a public gathering place; provide for a broad range of pedestrian-oriented commercial, office, ins�tu�onal, cultural, and public uses; and to maximize the efficiency of the city’s downtown district by limi�ng or prohibi�ng uses that break the con�nuity of commercial frontage or are incompa�ble with an atrac�ve pedestrian shopping area; and to promote special architecture and streetscape design that strives to achieve the adopted downtown design elements.

SECTION 6. Sec�on 18.5.020(E) is hereby amended to read:

E. Intent of Service Commercial (S-C) Zoning District. The primary purpose of the service commercial (SC) zoning district is to allow more intensive retail, service and heavy commercial uses including warehousing and wholesale commercial uses. Mul�family residen�al uses are not allowed. While the light industrial and heavy commercial uses would normally be expected in industrial areas, the S-C zoning district allows for certain of those uses to be established at in-town loca�ons where they can serve resident needs if the external impacts of those uses do not disturb adjoining residen�al and commercial neighborhoods.

SECTION 7. Table 18.05.030-A is hereby amended to read:

Table 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
Legend
P Permitted
PP Permitted Subject to Plot Plan Review
C Permitted Subject to Issuance of a Conditional Use Permit PUD Permitted Subject to Issuance of a PUD Permit
NP Not Permitted
NL No Limitation (does not apply in the zoning district) Land Uses Commercial Zoning Districts
173
DTC TOD O-R G-C S-C Reference
Office and Related Uses
Administrative/general offices
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
NP
P
P
NL
P
PP
NL
P
C
NL
C
C
NL
Commercial Uses
Pedestrian-oriented retail1
• Less than 2,500 square feet
• 2,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
PP
P
PP
NP
C
NP
NP
PP
C
NL
C
C
NL

General retail1
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
NP
NP
NP
P
PP
NL
P
PP
NL

Personal/household services
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
P
PP
NP
P
C
NL
C
C
NL

Smoke shops/smoking lounges
• Less than 1,500 square feet
• 1,500 square feet or larger
• More than 50 feet of first floor frontage
PP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
NL
C
NP
NL

18.09.230

Artist and photographic studios and galleries
(including the accessory sale of artwork)

P PP PP P NP
Catering establishments (not in conjunction with a
restaurant)

NP NP PP PP P
Dry cleaning (with on-site cleaning equipment);
self-service laundry

NP PP NP PP PP
174
Feed and tack stores NP NP NP C PP
Convenience kiosks NP PP NP C NP
Liquor stores C C NP C C
Outside sales or display areas (for uses allowed in
the underlying zoning district)
• Less than 100 square feet
• 101 square feet or more
PP
NP
NP
NP
NP
NP
PP
C
PP
C

Restaurants
• With entertainment
• Without entertainment
P
P
PP
PP
NP
C
C
P
C
P
Outdoor seating P PP C PP PP 18.09.210
Drive-through facility NP NP NP C C 18.09.110
Bar/cocktail lounge C C NP C C
Wine/beer tasting/sampling and sales PP PP NP PP C
Hotels and Lodging
Bed and breakfast inn PP C PP NP C 18.09.100
Nonhosted vacation rental C NP C C NP 18.09.260
Hosted vacation rental PP PP PP PP PP 18.09.265
Hotels and motels
• Up to 12 rooms
• 13 rooms or more
PP
C
PP
C
C
NP
PP
C
PP
C

Recreational vehicle park NP NP NP NP C
Medical Services
• Major
• Minor
• More than 25 feet of first floor frontage
NP
C
NP
C
C
C
NP
PP
—
C
C
—
NP
C
—

Veterinary/animal care offices
• Without exterior kennels, pens, and runs
• With exterior kennels, pens, and runs
C
NP
NP
NP
P
NP
PP
NP
PP
C

Vehicle Sales and Repair
Sales and/or repair of automobiles, light trucks,
boats, campers, and motorcycles; car washes, tire
sales and service
NP NP NP NP C 18.09.270
175
Automobile service station NP NP NP C C 18.09.200
Industrial/Research and Development Uses
Manufacturing or processing, light NP NP NP NP C
Contractor shops (with no outdoor storage of
materials or equipment)

NP NP NP NP C
Recycling facilities
• Reverse vending machines
• Small
NP
NP
NP
NP
NP
NP
PP
PP
PP
PP

18.09.170

Wholesale and distribution; warehouses NP NP NP NP C
Self-storage warehouse NP NP NP C PP 18.09.190
Public/Quasi-Public Uses
Public/quasi-public uses C C C C C
Theaters (including motion picture and live
performing arts)

PP NP NP NP NP
Day care facilities NP C C C NP
Recreation Uses
Athletic and health clubs; indoor commercial
recreation facilities

C C NP C C
Dance schools; yoga and pilates studios P P PP C C
Commercial recreation facilities (outdoor) NP C NP C C
Residential Uses3
Residential care facilities and convalescent homes NP PP PP C C Multifamily residential6
• Above a permitted commercial or office use
• First floor
P
PP
P
P
P
P
PP
PP
PP
PP

18.05.050
Single-family house4,5 NP NP P NP NP
Single-room occupancy (SRO) living unit PP PP PP NP NP 18.09.220 Emergency shelters NP P NP PP NP
[Low-barrier navigation centers
• Above a permitted commercial or office use
• First floor]
[P]
[PP]
[P]
[P]
[P]
[P]
[PP]
[PP]
[PP]
[PP] [18.05.050]
[Permanent supportive housing
• Above a permitted commercial or office use
• First floor]
[P]
[PP]
[P]
[P]
[P]
[P]
[PP]
[PP]
[PP]
[PP] [18.05.050]
176
Accessory Uses
Accessory uses (located on the same site as a
permitted use)

PP PP PP PP PP
Live-work unit PP PP PP PP PP 18.09.295
Temporary uses PP PP PP PP PP
Other uses similar to, and no more objectionable
than, the uses identified above, as determined by
the planning commission

C C C C C
Outdoor storage (on a vacant parcel) NP NP NP NP NP
NOTES TO TABLE:

1. Commercial projects which serve as a city-proposed catalyst project for downtown development may be approved with a conditional use permit in the TOD zoning district.

2. Uses with approved conditional use permits that relocate within the same zoning district are subject to plot plan review instead of another conditional use permit.

3. Employee housing for farmworkers accommodating six or fewer workers shall be considered a residential use and shall not require any special approvals that are not required of a family dwelling of the same type in the same zoning district.

4. In all cases, transitional housing is and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type located in the same zone.

5. Single-family houses in office/residential shall follow the R-2 zoning standards.

6. Within the DTC district, street-facing residential uses are allowed on the first floor except on the following street segments: Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street. Residential uses on these street segments are allowed only above the first floor or if placed behind a commercial building.
[7. In all cases, the permitting requirements and development standards applicable to residential care facilities serving seven or more clients shall apply when located within multifamily residential structures.]
SECTION 8. Table 18.05.040-A is hereby amended to read:

Table 18.05.040-A
Commercial Site Development Standards

DTC TOD O-R G-C S-C
Density (maximum units per net acre)5

30.0 20.0

8.0—

20.0 20.0 —
Lot area4 (square feet) — — 6,000 6,000 6,000
Lot width — — 60' 60' 60'
177
Lot depth — — 100' 100' 100'
Front setback1,2,3
• Maximum — — 20' 15' 20'
• Minimum — — — — —
Side setback1,2,3
• Interior — — 5' — —
• Street side — — 15' 10' 20'
Rear setback1,2,3 — — 15' 10' 10'
• Abu�ng R-1 or R-2 zoning — — 20' 10' 10'
Building length (maximum) — — — — —
Lot coverage (maximum) 100% 100% 60% 60% 60%
Floor area ra�o (maximum) 3.0 3.0 0.8 1.0 1.0
Building height
• Maximum 40' or 3
stories
40' or 3
stories
35' or 2
stories
35' or 2
stories
35' or 2
stories
• Minimum 25' 2 stories — — —
First floor ceiling height (minimum) 12' — — — —
Distance between buildings (minimum) — — — — —
Provision of open space[
6 ]
• Common open space per 1,000 square
feet of building — 100 sf — — —
• Common open space/residen�al unit — 150 sf — — —
• Private open space/residen�al unit — 60 [40] — — —
NOTES TO TABLE:

1. Larger setbacks may be required based on requirements in Chapter 18.09, surrounding development, or building code regula�ons.

2. A fi�y-foot buffer setback is required on each side of waterways shown on the general plan conserva�on area map.

3. When a residen�al development is proposed to be located adjacent to or across the street from a developed industrially zoned property, a minimum building setback of fi�y feet measured from the property line shall be required from such industrial zoning district. The fi�een feet of this setback located adjacent to the street or industrial zoning district boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot-high wall, berm or combina�on wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to industrial zoning districts, walls shall be constructed in accordance with the provisions of Sec�on 18.09.030.

4. The crea�on of new lots within commercial zoning districts following the date of the adop�on of this �tle shall conform to the minimum dimensions stated in Table 18.05.040-A, except in the case of condominium lots or individual lots within a shopping center, in which case no minimums are established except at the boundary of the shopping center or commercial development. Parcels created within shopping centers are exempt from the site development standards stated herein, 178
as they relate to minimum site areas, and minimum lot width and depth, as long as the following condi�ons are met:
a. A conceptual development plan for the en�re center has been developed and approved pursuant to this �tle;
b. Appropriate easements for reciprocal access, parking and maintenance are recorded; and c. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met.

5. Densi�es may be increased as provided for under State Density Bonus Law and/or Chapter 18.13. [6. Design standards for open/common space are located in Sec�on 18.03.150.] SECTION 9. Chapter 18.09 is amended to read:

18.09.130 Hotel/motel conversions.

The purpose of these standards is to ensure that hotels and motels provide services for travelers, maintain peace and quiet for fellow visitors and surrounding neighborhoods, pay transient occupancy taxes to assure that services can be provided and that any change to long-term residency provides improvements that are suitable for long-term occupancy.

A. Transient occupancy tax shall be paid for all hotel/motel stays. Maximum stay in a hotel or motel room shall be thirty days.

B. It is not the inten�on of the city to encourage hotels/motels to convert to permanent occupancy.

However, if the hotel/motel cannot be economically operated, the en�re hotel/motel may be changed to residen�al use. A hotel/motel may not have both transient and nontransient occupancy.

1. A condi�onal use permit shall be required for a change to permanent occupancy. The condi�onal use permit applica�on shall demonstrate how permanent parking can be provided and how private and public open space can be provided for occupants. For units with one room (exclusive of the bathroom) the planning commission may consider the SRO requirements for parking and open space. For units with more than one room (exclusive of the bathroom) the planning commission may consider the mul�family requirements for parking and open space. (Ord. 698-2015 § 3 (At. 1) (part), 2015) [18.09.135. Emergency shelters.

The purpose of these standards is to ensure emergency shelters are located, developed, and operated in compliance with the applicable base district and the following standards:

1. Number of Residents. The number of adult residents, not including staff, who may be housed shall be limited to not more than 50 served on a year-round basis. During emergency events, emergency shelters shall not be limited to the number of persons served, subject to occupancy limits outlined in the California Building Code, so long as the opera�ng condi�ons set forth in this sec�on are met.
179

2. Length of Occupancy. Occupancy by a client may not exceed 180 execu�ve days unless the onsite management plan iden�fies longer residency by those enrolled and regularly par�cipa�ng in a training or rehabilita�on program.

3. On-Site Management Plan. The operator of the shelter must submit an on-site management plan for approval. The Plan must include informa�on related to how transporta�on, client supervision, security, client services, client intake, and staffing will be addressed.

4. Client Intake. An area dedicated to client intake shall be iden�fied in the management plan.

Outdoor wai�ng for clients, if any, may not be in the public right-of-way and must be large enough to accommodate the expected number of clients.

5. Parking. The provision of parking shall comply with the standards outlined in Chapter 18.11, Parking and Loading Requirements.

6. Ligh�ng. All ligh�ng shall comply with the provisions of Sec�on 18.09.050, Outdoor ligh�ng.

7. Security. On-site employee presence shall be provided during the hours that the emergency shelter is in opera�on.

8. Health and Safety Standards. All emergency shelters must comply with the standards set forth in Title 25 of the California Administra�ve Code (Part 1, Chapter F, Subchapter 12, Sec�on 7972).]

18.09.140 Interim agricultural uses.

On parcels that are two and one-half acres or larger in size located within any zoning district, the following agricultural uses shall be permited or condi�onally permited:

A. Permited Uses.

1. All types of agricultural, hor�culture and grazing, excluding concentrated feed lots or commercial poultry enterprises, shall be permited subject to the following s�pula�ons:
a. The total number of horses, sheep and other cle�-hoofed animals shall meet the standards of Sec�on 6.04.150 et seq.
b. Aviaries shall not exceed a total of fi�y birds per acre of gross site area. c. The retail sale of products raised on the property shall be permited but shall exclude retail nursery sales and the commercial sale of animals permited for grazing purposes.

B. Condi�onally Permited Uses. The following uses shall be permited subject to the issuance of a condi�onal use permit as provided in Chapter 18.03:

1. Frog farms.

2. Fish hatcheries or farms for their stocking, breeding, or commercial sale.

3. Worm farms.

4. The propaga�on, processing and wholesale distribu�on of nursery plant stock, including the on-site sale of related materials and supplies associated with landscape improvement and/or maintenance opera�ons, where the sale of such non-plant-related nursery stock is clearly incidental and related to the stock propagated on site for distribu�on. However, outdoor storage and display shall be limited solely to the retail sale of the nursery plant stock. 180

5. The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs, and other such animals similar in size, appearance and weight, for commercial purposes. (Ord. 698-2015 § 3 (At. 1) (part), 2015)
SECTION 10. Table 18.11.050-A is hereby amended to read:

Residential Uses
Single-family dwelling (on a conventional
lot, with a 20-foot minimum front yard
setback, and fronting on a public or
private street with on-street parking)
2 spaces per unit, 1 of which must be covered. Both
spaces must be outside required setbacks and must
have a minimum driveway length of 20 feet between
the property line and the parking space.

Cluster ownership housing (single-family
dwelling in a small lot PUD, townhouses,
condominiums, and attached housing)
1 covered space per unit; plus 1.5 unrestricted
shared parking spaces per unit; plus 0.5 parking
space per unit, which may be restricted to specific
units or may be unrestricted.

Apartments and multifamily dwellings
(generally designed for rental occupancy)
Studio unit: 1 covered space per unit and 0.5
unrestricted shared parking space per unit.
1 bedroom unit: 1 covered space per unit and 1
unrestricted shared parking space per unit.
2+[-3] bedroom units: 1 covered space per unit and 2
unrestricted shared spaces per unit [1.5 unrestricted
shared spaces per unit.]
[4 bedroom units: 2.5 unrestricted shared spaces per
unit.]
Senior housing 1 covered space per unit, and 0.5 shared unrestricted parking space per studio and 1 bedroom unit and 1
shared unrestricted parking space per 2+ bedroom
unit. [0 spaces per unit in projects with paratransit
service.]
Single-room occupancy (SRO) living unit 0.5 space per unit plus 1 bicycle space per unit which can be locked.

Residential care facilities 1 uncovered space per 3 beds and 1 space per employee on the largest work shift.

Mobile home parks 1.75 spaces per unit, which may be in tandem, 1 of which must be covered.

Large family day care facilities 1 uncovered space per staff person other than the homeowner in addition to the required parking for
the residential building.
[Emergency shelters] [1 space for each employee on maximum shift.] 181
[Suppor�ve housing] [0 spaces per unit.]
[Projects within ½ mile of a major transit
stop]
[0 spaces per unit.]
SECTION 11. Chapter 18.090.180 is amended to read:

A. The purpose of these standards is to ensure that accessory dwelling units (ADUs) located in any zoning district do not adversely impact either adjacent parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the zoning district, while providing for needed housing opportuni�es for owners of eligible parcels. Accessory dwelling unit(s) may be established by the conversion of an a�c, basement, garage (with replacement of covered parking) or other por�on of a residen�al structure. Detached accessory dwelling units may also be established by the conversion of an accessory structure or by new construc�on. The city has determined that accessory dwelling units which are allowed on parcels with primary residences:

1. Provide for unmet housing needs;

2. Provide for efficient use of exis�ng public infrastructure; and

3. Provide rela�vely affordable housing.

B. Applicability. Accessory dwelling units are permited in any zoning district that permits residen�al uses, as well as on parcels that are developed with residen�al uses, subject to building permit approval. The primary dwelling unit(s) shall be completed and occupied prior or simultaneous to occupying an accessory dwelling unit. [Government Code Sec�on 65852.2 shall supersede the permi�ng requirements and development standards outlined in this sec�on.] C. Property Development Standards. Accessory dwelling units shall comply with exis�ng building and fire codes, and any applicable design criteria, including but not limited to setbacks, height limits and maximum floor area ra�o. Accessory dwelling units are exempt from density calcula�ons. For purposes of reviewing a project for compliance with the applicable lot coverage, floor area ra�o and related development standards, an accessory dwelling unit is not considered an “accessory structure” or an “accessory use” as established under the provisions of Chapter

18.14 (Zoning Code Defini�ons). In addi�on, the following standards shall apply:

SECTION 12. Chapter 18.11.020 is amended to read:
182

18.11.020 Applicability.

A. General Requirements. Off-street parking facili�es shall be provided prior to occupancy of any structure herea�er built, enlarged, or altered in use. Such parking shall be permanently available and marked and maintained for parking purposes.

1. Building or other permits will be issued only a�er receipt of site plans clearly showing the design, loca�on, number and dimensions for parking facili�es and appurtenant features, according to the provisions of this chapter and construc�on standards of the city.

2. At the �me of major altera�on or enlargement of a structure or use there shall be provided off-street parking spaces in accord with this chapter.

3. A minor excep�on to parking requirements may be granted by the planning director for change in use or expansions of commercial development or for addi�ons to single-family residences in certain circumstances. See Chapter 18.03. (Ord. 735-2020 § 5 (Exh. F)(part), 2020: Ord. 714-2017 § 4 (Exh. J) (part), 2017: Ord. 698-2015 § 3 (At. 1) (part), 2015) [B. Excep�ons: Parking requirements outlined in Government Code Sec�on 65863.2 shall supersede the parking requirements outlined in this sec�on.]
SECTION 13. Chapter 18.13.060 is amended to read:

18.13.060 Density bonus provisions.

A. The city will grant density bonuses in accordance with California Government Code Section 69515 and following and any successor statutes. On the effective date of the ordinance codified in this chapter, California Government Code Section 65915 and following required a density bonus of up to thirty-five percent when a developer of housing agrees or proposes to construct units affordable to very low to moderate income households. The bonus will be offered on a sliding scale and will be available to projects in which at least five percent of the total units of a housing development are affordable to very low income households, ten percent of the total units of a housing development are affordable to low income households, or ten percent of the total housing units of a housing development are affordable to moderate income households. In addition, the city will grant up to three incentives or concessions that provide a minimum percentage of affordable units, pursuant to state law.

B. The city may grant a density bonus of forty percent in the R-2, R-3, R-CT, S-C and C-R zoning districts when a developer of housing agrees or proposes to construct fifty percent of the total units of a housing development to be affordable by very low and lower income households upon approval of a conditional use permit pursuant to this code.

C. Density bonus units may be used to satisfy the fifteen percent inclusionary housing requirement only if the density bonus units meet the affordability and design standards for inclusionary units 183
in accordance with this chapter. The planning commission may allow alternative designs or types of units for density bonus units that are not also inclusionary units.

For the purposes of this section, a concession or incentive means any of the following:

1. Reduction or elimination of the covered parking requirement;

2. Grant of a fifteen percent increase in permitted lot coverage;

3. Ten percent reduction in the number of required parking spaces;

4. Ten percent reduction in the required rear yard setback; and

5. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions to assist in providing affordable units.

Nothing in this chapter prohibits the city from providing or requires the city to provide direct financial incentives for the affordable housing development, including, but not limited to, providing publicly owned land or waiver of in-lieu fees or dedication requirements. (Ord. 714-2017 § 4 (Exh. K) (part), 2017: Ord. 698-2015 § 3 (Att. 1) (part), 2015)
[A. Density bonuses and incentives shall be offered by the City pursuant to the provisions of Government Code Chapter 4.3.

B. Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C. These density bonus and incen�ve provisions shall be understood to be amended by opera�on of law in the event and to the extent the State Density Bonus Law is amended.] SECTION 14. Chapter 18.14.030 is amended to read:
“Emergency shelter” means a lodging facility sponsored and/or administered by a governmental or nonprofit social services organiza�on for the purpose of providing temporary housing for homeless families or individuals, batered women or children, or for similar social service or charitable purposes. [“Employee Housing” means housing for five or more employees that meets the following criteria:
• Living quarters provided in connec�on with any work, whether or not rent is involved. • Housing in a rural area that is:
o Provided by someone who is not an agricultural employer, and 184
o Provided for agricultural workers employed by any agricultural employer.] “Equipment rental yard” or “contractor yard” means a use providing for maintenance, servicing, or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribu�on of supplies or construc�on materials required in connec�on with a business ac�vity, public u�lity service, transporta�on service or similar ac�vity. The term “contractor yard” shall include a construc�on materials yard, vehicular service center; or similar use. “Family” means an individual or two or more persons, not including domes�c employees, living as a single housekeeping unit or household and sharing common living, sleeping, cooking and ea�ng facili�es.
“Farm” means any premises on which a primary use is the breeding, raising, or maintaining of animals or raising of crops for sale or where the primary income from the premises is derived from such uses.

SECTION 15. Chapter 18.14.030 is amended to read:
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and the rear lot lines. Width measurements for cul-de-sac or otherwise odd-shaped lots shall be determined on the basis of the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
185

[“Low-barrier naviga�on center means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facili�es while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best prac�ces to reduce barriers to entry, and may include, but is not limited to, the following:
186

1. The presence of partners if it is not a popula�on-specific site, such as for survivors of domes�c violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as par��ons around beds in a dormitory se�ng or in larger rooms containing more than two beds, or private rooms.]
“Lumen” means the unit used to quan�fy the amount of light energy produced by a lamp. For example, a forty-wat incandescent lamp produces approximately four hundred lumens, while a thirty-five-wat high pressure sodium lamp produces about two thousand three hundred lumens.

SECTION 16. Chapter 18.14.030 is amended to read:
“Pennant” means a commercial sign, with or without characters, leters, illustra�ons, or ornamenta�ons, applied to cloth, paper, fabric, or other lightweight material, with only such material for a backing, atached to a pole or structure or hung by cord, and used to draw aten�on to a site. [“Permanent Suppor�ve Housing” means rental housing with no limit on length of stay, occupied by a special needs popula�on as specified in the housing element, with on-site or off-site services assis�ng residents to retain their housing, improve their health status, and maximize their ability to live and, where possible, work in the community. See also "suppor�ve housing."] Permited Use or Uses. The only uses permited within a zoning district are those that are listed as principal permited uses, accessory uses, and condi�onal uses for that district. Principal permited uses are allowed without a use permit. Accessory uses are allowed without a use permit, but must be incidental and customarily appurtenant to a principal permited use exis�ng on the same parcel and as provided in the regula�ons for each district. Condi�onal uses may be commenced only a�er a condi�onal use permit has been obtained for such uses and the use must be carried on in compliance with all terms and condi�ons of the condi�onal use permit.

SECTION 17. Chapter 18.14.030 is amended to read:
“Structure” means anything constructed or erected that requires a loca�on on the ground, including a building, swimming pool or gas/liquid storage tank that is principally above ground but not including access drives, walkways or a fence or wall used as a fence if the height does not exceed six feet. 187
“Suppor�ve housing” means housing with no limit on length of stay, that is occupied by the target popula�on, and that is linked to an on-site or off-site service that assists the suppor�ve housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. [See also “permanent suppor�ve housing.”] “Tandem parking” means parking space configura�on where two or more parking spaces are lined up one behind the other.

SECTION 18. Chapter 17.04 is amended to read:

Chapter 17.04

GENERAL PROVISIONS

17.04.010 Short �tle.

The ordinance codified in this �tle shall be known and officially cited as the “Subdivision Ordinance of the City of Cloverdale.” (Ord. 435-89 § 1.10, 1989)

17.04.020 Council authority to regulate. [Administra�on & Review Authority] Regula�on and control of the design and improvement of all subdivisions are vested in the city council. (Ord. 435-89 § 1.20, 1989)
[A. Responsibility for Administra�on. The Planning Director and City Engineer are authorized and directed to administer and enforce the provisions of this Subdivision Ordinance and applicable provisions of the Map Act for subdivisions within the city.

B. Review Authority.

1. Parcel Maps (four or fewer parcels): The Planning Director and City Engineer shall have decision-making authority.

2. Tenta�ve Maps (greater than four parcels): The Planning Commission shall have decisionmaking authority. Ac�on on final maps lies under the authority of the City Council.

3. Lot Line Adjustments/Mergers/Condominium Conversions: The Planning Director and City Engineer shall have decision-making authority.

C. Excep�on: A local agency shall ministerially consider, without discre�onary review or a hearing, a parcel map or a tenta�ve and final map for a housing development project that meets the criteria outlined in Government Code Sec�on 66499.41, as amended, and parcel maps consis�ng of four parcels or less.]
188

17.04.030 Subdivision Map Act applicable—Compliance.

For the purpose of promo�ng the public health, safety, convenience and general welfare, the design, improvement and survey data of subdivisions, and the form and content of tenta�ve, final and parcel maps thereof, and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the Subdivision Map Act, Title 7, Division 2, of the Government Code, as amended from �me to �me, adopted by the Legislature of the state, and by the addi�onal provisions of this �tle, and shall comply with the provisions of the general plan and other related ordinances of the city. (Ord. 435-89 § 1.30, 1989)
[In the event of any conflicts between the provisions of this Subdivision Ordinance and the Subdivision Map Act, the Map Act shall govern.]

17.04.040 Purpose of provisions—New concepts.

It is the purpose of this �tle to encourage new concepts and innova�ons in the arrangement of building sites within subdivisions. Devia�ons from the tradi�onal mechanical approach to the subdivision of land are encouraged in order to facilitate the ul�mate development of the land in a manner that will be commensurate with contemporary living paterns and technological progress. (Ord. 435-89 § 1.40, 1989)

17.04.050 Advisory agency—Planning commission authority. [Reserved] A. The planning commission is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act of the state.

B. The planning commission shall have all the powers and du�es with respect to tenta�ve, final and parcel maps, and the procedure rela�ng thereto, which are specified by law and by this �tle. (Ord. 435- 89 § 1.50, 1989)

17.04.060 Public hearing requirements.

A. The planning commission, and the city council when appeals are involved, [When required by this �tle, the planning commission and / or city council] shall hold public hearings on the subdivision prior to making a decision. Public hearings shall be no�ced in a manner consistent with Sec�ons 65090 and 65091 of the State Government Code including no�ce in a newspaper of general circula�on serving the community at least ten days in advance of the hearing. The parcel which is the subject of the subdivision shall also be no�ced by pos�ng ten days prior to hearing. Property owners within three hundred feet of the parcel to be subdivided as listed on the city’s most current ownership rolls, shall be no�ced at least ten days prior to the hearing. The owner of the parcel to be subdivided, or his authorized agent, or any appellant in the case of an appeal, shall be no�ced at least ten days prior to the hearing. Any local agency that could be affected by the subdivision shall be no�fied at least ten days prior to the hearing.

The planning commission, or city council when appeals are involved, shall render its decision within ten days of the close of the public hearing.

B. During the public hearings, the planning commission shall accept all tes�mony, writen or verbal, from all par�es desiring to express themselves regarding the subdivision. (Ord. 435-89 § 1.60, 1989) 189

17.04.070 Appeal procedure.

Appeals are available from all subdivision decisions by the planning commission to the city council.

Appeals are to be in wri�ng on a form provided by the city including a statement for the reason of the appeal. A fee may be required by the city to cover the costs of appeal processing. Such fee may be set by resolu�on of the city council. All appeals must be made within ten days of the planning commission’s decision. The subdivider, other interested par�es, or the city council may appeal. Appeals must be processed in accordance with the �me limits set forth in this �tle. (Ord. 435-89 § 1.70, 1989)

17.04.080 Persons who may appeal.

For the purpose of this �tle the class of appellant shall be limited to:

A. Those who have a legal interest in the official property; B. Those who have submited evidence into the hearing record; or C. Those property owners within three hundred feet of the subject property. (Ord. 435-89 § 1.80, 1989)

17.04.090 CEQA Guidelines applicable.

A. All subdivisions shall be subject to the provisions of the State Government Code, Sec�on 21000, otherwise known as the California Environmental Quality Act (CEQA) and associated Guidelines (Sec�on 15000).

B. All subdivisions, unless exempted under CEQA Guidelines, shall be considered projects and shall include, prior to any decision, an ini�al study and a determina�on of whether any significant environmental impact will result. The determina�on of whether a nega�ve declara�on or Environmental Impact Report (EIR) is warranted shall be rendered prior to any decision on the subdivision. (Ord. 435-89 § 1.90, 1989)

17.04.100 Document processing �me limits.

The city shall process all subdivisions within the �me limits set forth below and consistent with the appropriate provisions of the Subdivision Map Act and the California Environmental Quality Act.

A. The planning commission shall render its decision within fi�y days of acceptance of the subdivision applica�on, including adop�on of any nega�ve declara�on.

B. If an environmental impact report is prepared for the tenta�ve or parcel map, the fi�y-day period specified above shall not be applicable and the planning commission shall render its decision within forty-five days a�er cer�fica�on of the EIR unless subject to a ninety-day extension by mutual consent of the subdivider and the city planning director.

C. When appealed to the city council, the council shall hold the appeal hearing within thirty days of the appeal being filed and shall render its decision within ten days of the close of the public hearing. (Ord. 435-89 § 1.100, 1989)
190

17.04.110 Expira�on of subdivision approvals—Extensions.

Unless extended by the planning commission, all approvals of subdivisions shall expire in accordance with the �me limits set forth below.

A. Parcel Maps. Twenty-four months from planning commission (or city council appeal) approval date; B. Tenta�ve/Final Maps. Twenty-four months from planning commission (or city council appeal) approval date;
C. Extensions. Upon writen request by the applicant submited at least thirty days prior to the expira�on of the twenty-four-month approval period an automa�c extension of sixty days shall be given in accordance with the Subdivision Map Act. Upon writen applica�on to the planning commission, a further twelve-month extension to the approval date may be granted. (Ord. 435-89 § 1.110, 1989)

17.04.120 Failure to record maps—Effect.

Any failure to record a parcel map or final map within two years from the approval or condi�onal approval of the tenta�ve map, or prior to the expira�on of any extension thereof granted, shall terminate all proceedings. (Ord. 435-89 § 1.111, 1989)
SECTION 19. Chapter 17.48.010 is amended to read:

17.48.010 Preparation and filing procedures.

A. Where required by the provisions of this title [to go before the planning commission], tentative parcel maps, as set out in the Subdivision Map Act, shall be prepared and filed with the secretary of the planning commission. Tentative maps must be filed with a nonrefundable processing fee in an amount established by resolution of the city council.

B. In accordance with Government Code Section 66428, the requirement for a parcel map may be waived by the planning commission if it finds that the proposed division of land complies with such requirements as may be established by the Subdivision Map Act or the provisions in this title or other relevant local ordinances as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection, and other requirements of the Subdivision Map Act and this title. (Ord. 435-89 § 11.01, 1989)
SECTION 20. Chapter 17.48.050 is amended to read:

17.48.050 Review and recommendations.
[When required to go before the planning commission or city council, t] The project review committee and other officers or departments shall review the map and shall make a report and recommendations to the planning commission [or council]. (Ord. 435-89 § 11.05, 1989) 191
SECTION 21. Chapter 15.34 is deleted in its en�rety and its space is reserved for future use:

Chapter 15.34

RESIDENTIAL GROWTH MANAGEMENT PLAN
[RESERVED]

15.34.010 Title and purpose.

A. Title. The provisions of this title shall be known as the “residential growth management plan.” B. Purpose. The purpose of these regulations is to regulate residential development in an orderly manner to ensure that necessary public facilities and services are available when development occurs; to bring facilities and services up to appropriate standards when development occurs; and to ensure that new development pays its fair share of adding facilities. (Ord. 514-96 (part), 1996)

15.34.020 Findings.

The city council of the city adopted a general plan which seeks to promote the preservation of a high standard of quality of life through the resolution of the following objectives:

A. Provide quality housing opportunities for all economic sectors of the community; B. “Provide a balanced community with adequate commercial, industrial, recreational and open space area to support the residential areas of the community; C. Balance the housing needs of the region versus the public service needs of Cloverdale residents and available fiscal and environmental resources;
D. Encourage infill development in urbanized areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized;
E. Ensure that all development is consistent with the Cloverdale general plan; F. Produce a manageable, orderly and reasonable rate of growth based upon the ability of the city to provide adequate public services, facilities and infrastructure; G. Control and plan the location and density of growth within the city’s sphere of influence in order to preserve and protect the city’s quality of life by ensuring that residential growth in the city is supported by adequate levels of public services, public facilities and infrastructure. (Ord. 514-96 (part), 1996)

15.34.030 Definitions.

For the purposes of this chapter, the following terms are defined as following:
“Affordable housing” means housing affordable by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code of the state of California. “Allotment” or “developer allotment” means the city approval which must be obtained by a developer before a building permit can be issued. An “allotment” is an entitlement to apply for and obtain a building permit when issued pursuant to the provisions of this residential growth management plan. 192
“Building permit” means the final city approval before construction may begin. “Capital improvement program (CEP)” means a program adopted by the city council to finance and construct the capital improvements required to serve a certain level of development permitted and planned within the city.
“City” means the city of Cloverdale.
“Developer” means a person, firm, corporation, partnership or other business entity, who proposes to engage in development.
“Dwelling unit” or “unit” means a single dwelling unit. “Inventory of residential dwelling approvals” means a yearly summary of all projects proposed within the city of Cloverdale which would generate residential housing units. (Ord. 514-96 (part), 1996)

15.34.040 Exemptions.

The following type of development projects are exempt from the allotment requirement and the application of this chapter:

A. Reconstruction, partial reconstruction or additions to presently existing residential dwelling units, which do not result in an increase in the number of residential dwelling units; B. Commercial, professional office, industrial or other nonresidential projects; C. Model homes constructed for subdivision sales purposes and not intended for sale and occupancy until completion of the subdivision;
D. Multifamily or single-family attached or detached projects of five or fewer units; E. Single-family homes or multifamily housing where occupancy is limited to senior citizens of sixty-two years or older and such occupancy is guaranteed for a period of not less than ten years; F. Development proposals for which a development agreement has been approved pursuant to city council Resolution 1-87;
G. Affordable housing development oriented to very low or low or moderate income dwelling units in which such affordability is guaranteed for a period of not less than ten years. (Ord. 514-96 (part), 1996)

15.34.050 Annual review of inventory of residential approvals and determination of annual expected units.

A. Annual Review of Inventory of Residential Approvals. Commencing on October 1st, but occurring no later than December 1st of each calendar year, the city council shall review an inventory of residential development approvals, as administratively determined by the planning department. The inventory shall be determined as of October 1st of each year and thereafter promptly reported to the city council. The inventory shall name all projects under city review, or previously approved by city action, and their infrastructure and public service requirements. The planning department shall report the relative percentages of the different housing types existing in, and proposed for development in the city and in relation to the policies of the Cloverdale general plan and its housing element thereof.

B. Classification of Residential Approvals. The inventory shall categorize all pending residential projects per the system described in Section 15.34.060D, Determination of Eligibility of Residential Development Projects. The inventory shall quantify all projects as to the number of units impending or likely to be 193
constructed over the next calendar year. The city shall classify those units as impending as those having filed a building permit application or associated with a project having a recorded or unrecorded final map with all public streets installed and accepted or what is described in Section 15.34.060(D)(1)-(3).

C. Commencement of Yearly Infrastructure Audit and Establishment of Annual Residential Allotment Based on Projected Residential Units. If the inventory described above documents the existence of two hundred or more impending residential units projected over the next calendar year, the city council shall direct the preparation on an infrastructure audit and the establishment of an annual residential allotment, as described in Section 15.34.060. The tally of the two hundred residential units shall include those having filed a building permit application or those associated with a project having a recorded or unrecorded final map with all public streets installed and accepted or what is described in Section

15.34.060(D)(1)-(3). If the city council finds that, based on the inventory conducted by the city, the number of residential units projected over the next calendar year will not exceed two hundred in number, the city council shall adopt findings to accept the inventory and to defer the requirement for an infrastructure audit and establishment of an annual residential allotment.

D. Commencement of Yearly Infrastructure Audit and Establishment of Annual Residential Allotment by City Council Action. Upon reviewing the inventory and determining that the number of residential units projected for the next calendar year is less than two hundred, the city council may direct that the infrastructure audit and/or annual residential allotment be initiated pursuant to the provisions of Section 15.34.060. In order to initiate the preparation of the infrastructure audit and/or annual residential allotment for a calendar year in which the number of units are estimated to be less than two hundred, the city council shall adopt findings indicating the existence of special or extenuating circumstances. Such extenuating circumstances would include the need to further document any significant deficiencies in city infrastructure or public services or a concern with the cumulative number of residential units constructed over past years. (Ord. 514-96 (part), 1996)

15.34.060 Infrastructure audit and establishment of annual residential allotments.

The following section would apply only under the provisions identified in Section 15.34.050, specifically when the yearly inventory finds more than two hundred units are projected over the next calendar year or by special action of the city council.

A. Infrastructure Audit and Review of Public Services. Commencing on October 1st of each calendar year, but occurring no later than December 1st of the same calendar year, the city council shall conduct an infrastructure audit and review of public services. The number of residential allotments for each succeeding calendar year shall be determined by the city council following their review of the infrastructure audit and review of public services, or hereinafter referred to as “audit.” The elements to be considered in the audit shall reasonably attempt to include the information, evaluations and determinations set forth below, as necessarily limited by the ready availability of such information to evaluate such matters and in light of whether specific level of service or other criteria for measurement has been established for the particular service, facility or infrastructure element by the city council. In the absence of a specific level of service or other criteria for measuring the provision of public service, facility or infrastructure, the city council may reasonably determine the impact of new residential development based upon the best professional judgment of the officers and employees of the city responsible for the provision of such public functions and upon such other information as they determine relevant. The audit shall consist of the following elements:

1. Public Facilities and Infrastructure. Whether sufficient capacity of the following public facilities and infrastructure exists to serve new development and whether capacities or levels of service will fall below 194
standards contained in the city general plan, development impact fee program or capital improvement program:
a. Traffic levels of service on streets, intersections and interchanges identified in the Cloverdale general plan;
b. Water entitlement, distribution, storage, and treatment capacity; c. Wastewater collection and treatment capacity;
d. Drainage and flood control capacity;
e. Park, recreation and community facilities.

2. Public Services. Whether sufficient resources exist or can otherwise be made available for the following services to support new development and whether capacities or levels of service will fall below standards contained in the city general plan, development impact fee program or capital improvement program:
a. Police protection, including the availability of necessary equipment and support services to the police department;
b. Fire protection, including the availability of necessary equipment and support services to the fire district;
c. Maintenance of public facilities relating to parks, landscape, trees, buildings, streets, water/sewer/drainage systems including availability of necessary equipment and support services to the public works department.

To assist in the compilation of information on the level of public services within the community, the city manager shall request independently developed and prepared reports from other public agencies, including the Cloverdale school district and Cloverdale health care district, as to school and ambulance services, for inclusion into the audit and presentation before the city council.

B. Establishment of Yearly Development Allotment. Commencing on October 1st of each calendar year, but occurring no later than December 1st, the city council shall hold a public hearing, review the findings of the audit, and establish the maximum number of units of residential development which could be constructed given the availability of city public facilities, services and infrastructure. The staff report to the city council containing the yearly audit shall be available for public review a minimum of ten calendar days prior to the public hearing. The public hearing notice advertising the meeting of the city council shall reference the availability of the staff report and a location where it can be reviewed and/or obtained.

After conducting the public hearing, the city council, by resolution, shall adopt findings as to the availability or nonavailability (i.e., deficit) of public services, facilities and infrastructure and determine the amount of units which could be built during the next calendar year. The city council may also allocate units geographically within the city if its finds that a public service, facility or infrastructure deficit exists that adversely affects a particular area. Conversely, the city council may increase the allotment for a particular geographical area of the city provided a developer wishes to correct a deficit by financing or constructing the facility or service in question. The allotment of residential units by the city council shall extend for each calendar year or from January 1st to December 31st. 195
C. Procurement of Development Allotments. By January 1st of each calendar year, the city council shall issue allotments for building permits for the next calendar year extending from January 1st to December 31st. All developers wishing to construct a residential development which is not exempt from the provisions of this chapter as noted in Section 15.34.040 above, shall apply for, and obtain an allotment.

Applications for allotments can be submitted during the entire calendar year, provided such allotments are still available, but will only be valid during the calendar year when such application was made to the city. All applications for allotments will be accepted and approved on a chronological or first-come, fastserved basis and officially issued upon the procurement of a building permit. All allotments approved during the calendar year shall be automatically prioritized and counted toward the maximum number of allotments determined by the city council.

The application for a development allotment shall be submitted as follows:

1. Any application for a development allotment shall be made in the form specified by the city council and shall include all of the information requested.

2. The application shall be accompanied by the application processing fee as set by the city council.

3. The date the application shall be deemed filed is the date the application is submitted and determined to be complete by the planning department in accordance with the criteria established in subsection (C)(1) of this section.

4. The planning department shall administratively act upon all applications deemed complete within thirty days.

D. Determination of Eligibility for Residential Development Projects. All residential development projects for which developers seek an allotment shall have completed the following approvals by either the planning commission or city council in order to receive an allotment. If such requests for allotments become greater than the actual number of allotments granted by the city council, all application for allotments will be prioritized by the following system:

For single-family attached and single-family detached units:

1. Recorded final maps with all improvements completed and accepted;

2. Recorded and unrecorded final maps with all streets paved and inspected;

3. Recorded and unrecorded final maps with all improvement plans signed and rough grading completed;

4. Recorded and unrecorded final maps without improvement plans signed and rough grading completed; and

5. Approved tentative maps.

For multifamily units:

1. Approved projects for which a lot or lots has been recorded and public streets installed and accepted by the city;

2. Approved projects for which a lot or lots has been recorded, but public streets have not been installed and accepted by the city; and

3. Approved projects for which a lot or lots has not been created. 196
E. Duration of Allotment. If the final permit, subdivision map or other city approval granted by either the planning commission or city council for a development project expires, the allotments issued to it shall become void as to that project, but, to the extent possible, shall be reissued to other development projects seeking allotments during that year. If the final permit, subdivision map or other city approval granted by either the planning commission or city council for a development is extended, the allotment issued to that project shall continue to be valid in accordance with the terms of their issuance. (Ord. 514-96 (part), 1996)

15.34.070 Administration.

The city council, by resolution, may from time to time adopt procedures, policies, rules, and requirements, including the adoption of processing fees, to implement and administer the provisions of this chapter. (Ord. 514-96 (part), 1996)

15.34.080 Appeals.

The actions of the planning and building department relative to the assignment and issuance of yearly allotments are appealable to the city council using the city’s procedures for appeal as specified in Section 18.03.210 of this code. (Ord. 514-96 (part), 1996)

15.34.090 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of the chapter. (Ord. 514-96 (part), 1996) SECTION 22. RECITALS
A. Amendments to Cloverdale Municipal Code (CMC) Title 15 (Buildings and Construc�on), Title 17 (Subdivisions) and Title 18 (Zoning) are necessary to in an effort to effectuate Implementa�on Program IP-2.3.3 of the Housing Element, to ensure consistency between the Cloverdale Municipal Code (CMC), General Plan and Zoning Ordinance, and to bring the code into conformity with state law.

B. On March 5, 2024, the Planning Commission held a properly no�ced public hearing regarding the Zoning and Municipal Code text amendments, considered all comments received in wri�ng and all tes�mony received at the public hearing and adopted PC Resolu�on No. XYZ-2024 recommending approval of the Ordinance amending the Municipal Code in order to improve the general community and residents’ quality of life by ensuring conformity with state law and consistency between the CMC and General Plan.

C. In an effort to implement Implementa�on Program IP-2.3.3 of the Housing Element and to ensure consistency between the CMC, state law and General Plan, the Planning Commission by adop�on of Resolu�on 003-2024 has recommended revisions to CMC Chapter 17.04; Sec�on 17.48.050; Sec�on 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Sec�on 18.05.020(B) & (E); Table

18.05.030-A; Sec�on 18.09.180; Chapter 18.09; Sec�on 18.11.020; Table 18.11.050-A; Sec�on

18.13.060; Sec�on 18.14.030 and dele�ng Chapter 15.34 and Sec�on 18.02.100, and revising related provisions of the Cloverdale Municipal Code, to ensure internal consistency would be maintained.
197
D. An Addendum to the General Plan EIR was adopted for the Housing Element Update. The proposed code amendments are also exempt from CEQA under Sec�on 15061(b)(3)) because they would establish new or revised development standards and future development is s�ll subject to permi�ng and, would s�ll require individual review for compliance with CEQA. Finally, Government Code Sec�on 65852.21 and 66411.7 explicitly state that ordinances such as the one proposed here, adopted in order to implement state law, would not cons�tute a “project” under CEQA.

E. The City Council makes the following findings listed in Sec�on 18.030.080 (E) related to a Zoning Ordinance Amendment to delete Cloverdale Municipal Code (CMC) Chapter 15.34: Residen�al Growth Management Plan and Sec�on 18.02.100: Residen�al Growth Management and amend Chapter 17.04; Sec�on 17.48.050; Sec�on 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Sec�on 18.05.020(B) & (E); Table 18.05.030-A; Sec�on 18.09.180; Chapter 18.09; Sec�on

18.11.020; Table 18.11.050-A; Sec�on 18.13.060; Sec�on 18.14.030.

1. The proposed amendment is consistent with the adopted General Plan.

The zoning and municipal code text amendments effectuate implementation of Housing Element Implementation Program IP-2.3.3. At their base, the amendments are intended to reduce regulatory constraints in the housing development process and aid in the ultimate construction of various types of new residential dwelling units. The amendments also help streamline the approval process on a variety of housing unit types and will enable the development of these units affordable to owner and renter households at all income levels.

Finally, as some of the amendments are made to bring various aspects of the Cloverdale Municipal Code (CMC) into compliance with State law, the amendments have been determined to be consistent with the goals, policies and implementation measures of the General Plan.

2. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

The text amendments include revisions to various sections of the Zoning and Municipal Code, including delete Cloverdale Municipal Code (CMC) Chapter 15.34: Residential Growth Management Plan and Section 18.02.100: Residential Growth Management and amend Chapter 17.04; Section 17.48.050; Section 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Section 18.05.020(B) & (E); Table 18.05.030-A; Section 18.09.180; Chapter 18.09; Section

18.11.020; Table 18.11.050-A; Section 18.13.060; Section 18.14.030 These amendments are internally consistent with all applicable provisions of the Zoning and Municipal Code as they have been revised to reduce regulatory constraints in the housing development process and aid in the ultimate construction of various types of new residential dwelling units by ensuring consistency between the CMC, General Plan and Zoning Ordinance and state law.

3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.
198
Although one of the main goals of implementing these zoning and municipal code text amendments is to help streamline the approval process for various types of housing units, it does not eliminate the need for a Building Permit. The Building Permit review process ensures that the Building, Planning and Engineer Departments, as well as the Fire District all have an opportunity to review development plans prior to permit issuance. The Building Permit process also helps to ensure that the construction of residential, commercial and industrial structures within the City is not detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity as construction is required to be in compliance with the latest adopted CA Building and Fire codes.

4. The site is suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested Zoning District and anticipated land uses / developments.

The zoning and municipal code text amendments ensure consistency between the CMC, General Plan and Zoning Ordinance, as well as conformity with state laws. All of these amendments implement relaxed standards for uses that are otherwise already allowed or are similar to uses already allowed within the same zoning district or another zoning district within the City. Any future construction is still required to obtain all necessary permits and comply with all applicable development standards.

F. On March 27, 2024, the City Council held a properly noticed public hearing regarding these Zoning and Municipal Code text Amendments and considered all comments received in writing and all testimony received at the public hearing.

SECTION 23. PURPOSE AND INTENT
The purpose and intent of these changes is to improve the general community and residents’ quality of life by ensuring consistency between the CMC, General Plan and Zoning Ordinance, as well as to bring the code into conformity with state law.

SECTION 24. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.

SECTION 25. AMENDMENTS TO TITLE 10 AND TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE Title 15, Title 17 and Title 18 are amended as listed below and as set forth and detailed in SECTION 1 of this Ordinance.

Chapter 15.34 (Residential Growth Management Plan) DELETED Section 18.02.100 (Residential Growth Management) DELETED Chapter 17.04 (General Provisions)
Section 17.48.050 (Review and Recommendations)
Section 18.03.150 (Design Review)
Table 18.04.040-A (Uses Permitted within Residential Zoning Districts) Table 18.04.050-A (Residential Site Development Standards) 199
Section 18.05.020(B) (Intent of Downtown Commercial Zoning District) Section 18.05.020(E) (Intent of Service Commercial Zoning District) Table 18.05.030-A (Uses Permitted within Commercial Zoning Districts) Section 18.09.180 (Accessory Dwelling Units)
Chapter 18.09 (Special Provisions and Development Standards) Section 18.11.020 (Applicability)
Table 18.11.050-A (Off-Street Vehicle Parking Requirements by Land Use) Section 18.13.060 (Density Bonus Provisions)
Section 18.14.030 (Definitions)
SECTION 26. SEVERABILITY
If any provision of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, or preempted by State legisla�on, such decision or legisla�on shall not affect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sec�on, subsec�on, sentence, clause or phrase hereof not declared invalid or uncons�tu�onal without regard to any such decision or preemp�ve legisla�on.

SECTION 27. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and a�er thirty (30) days a�er the date of its passage and shall be published once before the expira�on of fi�een (15) days a�er said passage, with the names of the Council Members vo�ng for or against the same, in a newspaper of general circula�on published in the County of Sonoma, State of California.

I hereby cer�fy that the foregoing is a true and complete copy of an Ordinance duly and regularly adopted by the City at a regular mee�ng thereof held on March 27, 2024, by the following vote:

PASSED, APPROVED AND ADOPTED this ___ day of _____ by the following vote: (Ayes- ; Noes- ; Absent- ) AYES:

NOES:

ABSENT:

ABSTAIN:

Approved Atested
________________________ _____________________________
Todd Lands, Mayor Michael Maloney, City Clerk
200
MARCH 27, 2024

TEXT AMENDMENT
NO. 754-2024

HOUSING ELEMENT IMPLEMENTATION
201

OVERVIEW
Housing
Element
Program
01 02 03
Changes to Zoning
Code
Action
Requested
202
203
Growth
Management
Ordinance
(GMO)
Depicts actions with early 2024 deadline
Low Barrier
Navigation
Centers
(LBNC)
Employee
Housing
Emergency
Shelters
Residential Care
Facilities
Permanent
Supportive
Housing (PSH)
204
Objective Design
Review
Density Bonus
Provisions Definitions
Depicts actions with early 2024 deadline
205
206

LBNC & PSH
GMO
Sections removed from
Zoning Code in
compliance with SB 330
Employee
Housing
Emergency
Shelters
Residential
Care Facilities
LBNC permitted in R-2,
R-3, DTC, TOD, O-R,

G-C, & S-C
Permitted in all
residential zoning
districts
Permitted in TOD
7+ clients, permitted in
all residential zoning
districts
207
Additional Changes
Objective standards set for emergency shelters
Parking standards set to comply with State law
ADU regulations updated to refer to ensure consistency with changes in State law
Density bonus provisions updated to comply with State law Definitions added for use classifications
208
Additional Changes
Definition of family updated
Design review section amended to ensure procedures and
approval criteria are clear and objective (full standards to follow) Subdivision ordinance amended to grant Planning Director & City Engineer decision-making authority for minor projects (i.e., four or fewer parcels and per new State law – AB 684)
209
210
211
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.1
March 27, 2024
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Kevin Thompson, Assistant City Manager / Comm. Dev. Director Agenda Item Title:

Six Acres Resolution of Annexation and Annexation Agreement _______________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “Resolution of the City Council of the City of Cloverdale, requesting the Sonoma County Local Agency Formation Commission (LAFCO) to approve annexation of the service area of the Six Acres Mutual Water Company located in an unincorporated area of Sonoma County into the City of Cloverdale and approving the Annexation Agreement with the Six Acres Mutual Water Company.” ________________________________________________________________________________________ Background:

Six Acres Mutual Water Company (“Six Acres” or
“SAMWC”) is a small water company consisting of
approximately 22 homes situated east and adjacent to
South Cloverdale Blvd., south of Lile Lane in the
unincorporated area immediately outside of the City of
Cloverdale, but within the City’s sphere of influence
(Figure 1). Six Acres’ water system consists of one
water supply well (Well 02) and a chlorine
disinfection treatment system. The well was
constructed in 1947 and is reported to be between
30 to 36 feet deep. The well does not have a
concrete surface seal or a 50-foot annular seal, as
required by current water well standards.

Six Acres is regulated as a Public Water System under
the Safe Drinking Water Act. The State Water Resources Control Board (SWRCB) – Division of Drinking Water regulates Six Acres as a Public Water System. According to the SWRCB Division of Drinking Water, Six Acres has been out of compliance with applicable drinking water regulations from 1996 to the present and enforcement actions have been taken by SWRCB for missed source chemical monitoring and bacteriological monitoring. Due to non-compliance with State regulations, the SWRCB has mandated Six Acres Water Company to seek a new source of water.

Figure 1 - Six Acres Service Area
212
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

Six Acres Water Company Consolidation Study – Engineering Analysis City staff coordinated with representatives of the Six Acre Water Company on development of a Six Acres Water Company Consolidation Study – Engineering Analysis that was prepared for the SWRCB under a Technical Assistance Contract with University Enterprises Inc. (“UEI”) at California State University, Sacramento. The Final Draft study completed in March 2018 provided a preliminary engineering report that identified three alternatives.

State Water Resources Control Board Consolidation Letter On November 11, 2020, the State Water Resources Control Board issued a mandatory consolidation letter providing the City and Six Acres 6 months to complete the Pre-annexation Agreement. The SWRCB Division of Drinking notified the City of Cloverdale that it was taking the first step towards mandatory consolidation of Six Acres with the City of Cloverdale (Attachment 2). According to the SWRCB, the first step in this process is to provide a six-month period for the parties to negotiate a voluntary consolidation, pursuant to Section 116682 of the California Health and Safety Code (CHSC). The letter served as official notification from the SWRCB that pursuant to CHSC Section 116682(b), the City is to negotiate with Six Acres regarding consolidation. This process required by the SWRCB provided a six-month window under which an agreement must be made between Six Acres and the City. If no agreement is made, a mandatory consolidation would be pursued by SWRCB.

Pre-Annexation Agreement
Based on direction received by the City Council on February 10, 2021, City staff negotiated with SAMWC on the terms of a Pre-annexation Agreement. Critical deal points recommended by the City Council that were contained in the draft Pre-annexation agreement include the following:

1. Allows Six Acres to pursue full annexation and direct City staff to proceed with the Sonoma County LAFCO application.

2. Allows SWRCB to complete grant planning and design work so that the parties can seek funding from the Drinking Water State Revolving Fund.

3. Acknowledges the City will not commence proceedings to initiate annexation until sufficient funding is available to pay for the design and construction of the Project. This funding will be provided by the revolving fund.

4. Acknowledges not all infrastructure in the Six Acres area is up to City standards. It defines Lile Lane as a private road and does not require improvements to the bridge near the eastern stretch of Lile Lane.

5. Conveys to the City public utility, emergency, right of way easements on Lile Lane, Hamlin Lane, and El Rancho Drive so the City may construct, maintain, and repair its water and wastewater pipeline and related infrastructure.

6. Includes a geographic area encompassing the Six Acres area only (see map above). The vineyard property along Highway 101 is not included in the agreement. State funding will not cover expenses related to annexations not in need of drinking water assistance. 213
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

7. Acknowledges non-conforming uses exist within the Six Acres area. These non-conforming uses shall not be affected by a change of ownership, tenancy, or management, if there is no expansion, substitution or other change in use, or substantial alteration to the building, structure, or site. This provision is similar to what is currently allowed by the City’s Zoning Code for other nonconforming uses within Cloverdale.

On March 10, 2021, the City Council adopted Resolution No. 018-2021- entitled, “A Resolution of the City Council of the City Of Cloverdale Approving a Pre-Annexation Agreement with the Six Acres Water Company, A 22-Unit Water System Situated East and Adjacent to South Cloverdale Blvd., South of Lile Lane in the Unincorporated Area Immediately Outside of the City of Cloverdale.” State Water Resource Control Board (SWRCB) Technical Assistance (TA) Work Plan Through the passage of various bond acts, including Proposition 1 in November 2014 and Senate Bill 200 in July 2019, the SWRCB is authorized to make available certain general obligation bond proceeds (GO Bond Proceeds) and Safe and Affordable Drinking Water Funds (SADW Funds) for projects meeting certain criteria.

TA Work Plan No. 5258 A & B
Under Technical Assistance (TA) Work Plan No. 5258 (start date April 29, 2021), the State Water Board, Division of Financial Assistance (DFA), the scope of Technical Assistance was expanded to prepare a complete DWSRF construction funding application to address the consolidation of Six Acres into the City’s water supply issue under University Enterprises, Inc. (UEI’s) TA SAFER Agreement. The scope includes submission of the General Information Package, Technical Package, Environmental Package, and Financial Package. LAFCO coordination and consolidation agreement tasks were included in the Prop 1 TA Agreement.

On March 8, 2021, the SWRCB Division of Drinking Water (DDW) determined that Six Acres needed “an Administrator because it has not consistently provided an adequate supply of affordable, safe drinking water to its customers.” Given Six Acres’ history of violations and the technical challenges associated with consolidation, the State Water Board designated Marlene Demery as Six Acres’ Public Administrator.

TA Work Plan No. 6683
On February 22, 2022, the State Water Board assigned a Technical Assistance request (TA Work Plan No. 6683-A) to the Aoki Water Justice Clinic at UC Davis School of Law (UC Davis) to provide legal assistance to Ms. Demery to allow her to fulfill her role as Public Administrator. UC Davis is undertaking the following tasks:

1. Draft and finalize the Annexation Agreement between Six Acres and the City.

2. Assist the City to draft a resolution authorizing the City: (i) to approve the annexation of Six Acres’ service area; and (ii) apply to the Sonoma County Local Agency Formation Commission (LAFCo); review the package before it is presented to LAFCo.

3. Review the CEQA package before it is filed with Sonoma County.

4. Determine Six Acres’ state and federal tax status. Assist Six Acres by filing applications for tax-exempt status if necessary.

5. Perform due diligence review and other tasks to support the construction phase application.

6. Assist in the review and drafting of construction contracts. 214
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

7. After annexation by City and completion of construction, assist Six Acres with dissolution of the corporation.

TA Work Plan No. 5258-C
Work Plan Amendment C executed effective 8/31/23 by the State Water Board, Division of Financial Assistance (DFA) enabled technical assistance providers to continue provide technical assistance to prepare a Drinking Water State Revolving Fund (DWSRF) construction funding application to consolidate the Six Acres water system into the City of Cloverdale. UEI subsequently executed revised subcontracts with three consultants including GHD Inc., John O’Farrell & Associates, and John Farnkopf.

Prezoning of the Six Acres Project Area
On May 24, 2023, the City of Cloverdale City Council held a Public Hearing to Introduce for First Reading, by Title Only, of an Ordinance Entitled “An Ordinance of the City of Cloverdale Amending Title 18, “Zoning,” of the City Municipal Code, Prezoning certain properties containing approximately 9.27 +/- acres of developed land commonly known as the Six Acres Annexation Area (APNs 116-290-001 to -009; -011 to -015; -017; -019 to -022; -024: 116-310-001) to the “Two-Family Residential (R-2)” Zoning District. On June 14, 2023, the City Council conducted a second reading and adopted the Ordinance prezoning the subject properties within the South Cloverdale Mutual Water Company Service Area. Prior to introduction of the Prezoning Ordinance to the City Council, the Planning Commission reviewed and considered the application for prezoning at its May 2, 2023, meeting, and adopted PC Resolution No. 004-2023 recommending approval of the project to the City Council.
________________________________________________________________________________________ Summary:

Progress continues on the preparation of improvement plan design drawings to extend water and sanitary sewer services from the City of Cloverdale to the Six Acres project area. The first step towards accomplishing this was the adoption of the Pre-Annexation agreement which occurred March 10, 2021, and the subsequent Technical Assistance Work Plan implemented by the SWRCB. The attached Resolution and Annexation agreement is the recommended next step in the annexation process.

The Six Acres Annexation Agreement describes the efforts each party will undertake and conditions necessary for the City of Cloverdale and SAMWC to apply for annexation and extend City drinking water and wastewater services to the Six Acres community. The agreement reflects the mutual interests to work in partnership to pursue annexation and consolidation of our water systems.

The attached resolution provides City staff with the necessary authority to submit an application for annexation of the Six Acres Project Area to the Sonoma County Local Agency Formation Commission (LAFCO), and approves the draft annexation agreement. Staff recommends the Council adopt the attached resolution. The next step in the process will be the submittal of a formal application for annexation to Sonoma County LAFCO.

Environmental Review / California Environmental Quality Act (CEQA) 215
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

The project is found to be Categorically Exempt under Section 15319 (Annexations of existing facilities and lot for Exempt Facilities) of the CEQA Guidelines because the project involves annexation of parcels developed with private structures and extension of utilities to the existing facilities would have the capacity to serve only those existing facilities. A Categorical Exemption was filed with the Sonoma County Clerk Recorder on June 15, 2023 and posted for a period of thirty days through July 17, 2023. ________________________________________________________________________________________ Alternative Options:

1. Reject proposed resolution; or

2. Provide alternative direction.
_______________________________________________________________________________________ Subcommittee Recommendation:

Bring item forward for Council consideration.
__________________________________________________________________________________ Budget/Financial Impact: Staff time associated with the project, including time of the City Attorney and City Engineering, is eligible for reimbursements from the State Water Resources Control Board Drinking Water State Revolving Fund. City staff is in the process of preparing to file the necessary documentation with the SWRCB for reimbursement of staff expenses associated with the proposed annexation of Six Acres Mutual Water Company service area.
________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Annexation Agreement

3. Exhibit B - Annexation Record of Survey Map

4. Resolution No. 018-2021 - Approving a Pre-Annexation Agreement

5. Ordinance No. 752-2023 -Prezoning the Six Acres Annexation Area

6. CEQA Categorical Exemption
216
1 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE REQUESTING THE SONOMA

COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TOAPPROVE ANNEXATION OF

THE SERVICE AREA OF THE SIX ACRES MUTUAL WATER COMPANY LOCATED IN AN

UNINCORPORATED AREA OF SONOMA COUNTY INTO THE CITY OF CLOVERDALE AND

APPROVING THE ANNEXATION AGREEMENT WITH THE SIX ACRES MUTUAL WATER COMPANY WHEREAS, the Six Acres Water Mutual Water Company (SAMWC), formed under California law, has provided domestic water to twenty-two (22) properties adjacent to, and south of the city of Cloverdale in unincorporated Sonoma County, commonly known as Six Acres, since the Water Company was established in 1947, and
WHEREAS, the SAMWC service area is located within the City of Cloverdale’s adopted sphere of influence; and
WHEREAS, the City of Cloverdale (City) desires to initiate proceedings to annex the area of Six Acres into the City for the primary purpose of providing water and wastewater service to the residents and property owners of the area, and also affording the community all other municipal services the City provides; and,
WHEREAS, the City Council, on June 14, 2023, adopted Ordinance 752-2023 amending the Title 18, Zoning of the Cloverdale Municipal Code and pre-zoning the properties within the Six Acre Mutual Water Company service area as Two-Family Residential (R-2); and WHEREAS, the SAMWC water system consists of one supply well and disinfection treatment system constructed in 1947 and does not meet current well or drinking water standards; and WHEREAS, the State of California has regulated Six Acres Mutual Water Company as a public water system; the system has been out of compliance with applicable drinking water regulations between 1996 and the present; and
WHEREAS, a thorough review and analysis of options available to provide new potable water and wastewater service consistent with applicable regulations has been ongoing since 2016 and has included participation of officers of SAMWC, residents of Six Acres, staff of the City of Cloverdale, the State Water Resources Control Board, staff of the Office of Water Programs, California State University, Sacramento (OWP), staff of the Aoki Water Justice Clinic, University of California, Davis (AWJC), and a specialized team of qualified consultants; and WHEREAS, after lengthy evaluation of several alternatives, it has been determined that the only reasonable, practical, long-term and cost-effective solution to providing potable water and 217
2 wastewater service to Six Acres is annexation of the service area of, and community served by SAMWC into the City of Cloverdale so that City water and wastewater, as well as other utilities and municipal services, can be extended to the Six Acres community; and WHEREAS, a poll was taken at a community meeting in the City of Cloverdale in 2019 with officers of SAMWC and residents of Six Acres present, and all attending unanimously agreed that annexation was the only reasonable solution to provide for water, wastewater and other municipal services; and
WHEREAS, a petition has been signed by all the landowners in Six Acres and will be introduced into the record at the time of hearing by the Cloverdale City Council agreeing to terms of the Annexation Agreement, Pre-Zone of all property within Six Acres and annexation of the area into the City of Cloverdale; and
WHEREAS, an Annexation Agreement outlining the terms and conditions of the annexation and service extension has been negotiated between the City and the Six Acres Mutual Water Company, and reviewed by the State Water Resources Board, a copy of which is attached hereto as Exhibit A and made a part hereof; and
WHEREAS, at the time and manner established by law, the City of Cloverdale has provided notice of time, date and place of public hearing by the Cloverdale City Council to initiate proceedings for the annexation of the Six Acres community into the City; and WHEREAS, there are no other affected cities or special districts within the meaning of Government Code Sections 56061 and 56063 which can provide water and other municipal services; and
WHEREAS, the County of Sonoma, or other possible affected local agencies do not oppose the annexation of Six Acres into the City of Cloverdale; and WHEREAS, the territory proposed to be annexed is inhabited within the meaning of the law, and described in a map and metes and bounds description attached hereto; and WHEREAS, the Revenue and Taxation Code requires an agreement for Property Tax Exchange, if appropriate, to be in place prior to the Sonoma LAFCO considering any change of organization or reorganization; such a Master Agreement for Property Tax Exchange is in place between the City of Cloverdale and Sonoma County; and
WHEREAS, the California Environmental Quality Act (CEQA) requires environment review and analysis of Local Agency Formation Commission proceedings including changes of organization or reorganization; this project is found to be Categorically Exempt under Section 15319 (Annexations of existing facilities and lot for Exempt Facilities) of the CEQA Guidelines because the project involves annexation of parcels developed with private structures and extension of 218
3 utilities to the existing facilities would have the capacity to serve only those existing facilities; and
WHEREAS, the lengthy process to arrive at the point of adopting a Resolution of Application to initiate proceeding for the annexation of the community of Six Acres certainly has been a deliberative and collaborative process throughout, involving the community, Six Acres Mutual Water Company, the City, the State Water Resources Control Board, OWP, AWJC, and a variety of specialized consultants. All of the stakeholders in the process agree that annexation should move forward as expeditiously as possible; and
WHEREAS, annexation of Six Acres will not affect the City of Cloverdale’s ability to continue to provide the same high level of municipal service to existing residents and property owners; the City has the capacity to provide both water and wastewater service to the twenty-two properties currently served by SAMWC; and
WHEREAS, all costs associated with the evaluation of alternatives, annexation process, technical consultants, filing fees, CEQA, and future service extension once the annexation is completed will be covered by funding from the State Water Resources Control Board dedicated to repairing, replacing, and remediating distressed or destroyed water and wastewater systems; and
WHEREAS, the City Council desires to approve annexation of Six Acres into the City of Cloverdale, subject to the terms and conditions set forth in the Annexation Agreement; and WHEREAS, the Parties intend to work in partnership to pursue annexation and consolidation of their water systems.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby approve this Resolution of Application for the proposed annexation of the community of Six Acres, contiguous with the service area of the Six Acres Mutual Water Company, into the City of Cloverdale.

BE IT FURTHER RESOLVED, that the City Council of the City of Cloverdale approves the Annexation Agreement attached hereto as Exhibit A with the Six Acres Mutual Water Company, and authorizes the City Manager to execute the agreement in a final form approved by the City Attorney.
219
4 THEREFORE, BE IT FINALLY RESOLVED, that City Manager is authorized to sign any applications and documents required by Sonoma County Local Agency Formation Commission and requests the Sonoma County Local Agency Formation Commission to undertake proceedings to annex the service area of the Six Acres Mutual Water Company into the City of Cloverdale in the manner described in this Resolution by the following City Council vote:

Ayes:

Noes:

Abstain:

Absent:

SO ORDERED: ATTEST:
______________________ ______________________________
Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:

Exhibit A - Annexation Agreement
Exhibit B - Annexation Record of Survey Map
220
1 ANNEXATION AGREEMENT

BY AND BETWEEN THE CITY OF CLOVERDALE

AND SIX ACRES MUTUAL WATER COMPANY
March 4, 2024
This Annexation Agreement (“Agreement”) is entered into on ______________, by and between the City of Cloverdale (“the City”), a general law city of the state of California, and Six Acres Mutual Water Company (“Six Acres”), a California mutual water company and public water system, in the County of Sonoma, California. The City and Six Acres are hereafter sometimes individually referred to as a “Party” and collectively referred to as the “Parties.”

BACKGROUND
A. Six Acres is a public water system that serves domestic water to a population of approximately 66 residents through 22 connections in an unincorporated community adjacent to the City in Sonoma County.

B. Six Acres has a Domestic Water Supply Permit with the Division of Drinking Water under Public Water System No. 4900608.

C. Six Acres has a license for the diversion and use of water from the Russian River underflow under Application ID # A013810 and License # 6530.

D. Six Acres’ sole source of water is Well 02, which is located on the east side of Highway 101. The Department of Water Resources (“DWR”) does not have a Well Completion Report on file for Well 02. The age and construction details about Well 02 are unknown.

E. DWR’s Well Standards Bulletin 74-90 specifies that a minimum annular seal for a community water supply well must be 50 feet deep. Well 02 does not meet this standard because it is 36 feet deep and has no sanitary surface seal.

F. In an inspection letter dated December 23, 2015, DWR required Six Acres to investigate whether Well 02 should be categorized as Groundwater Under the Direct Influence of Surface Water due to Well 02’s proximity to the Russian River. Because Six Acres never conducted this investigation, the California State Water Resources Control Board (“Water Board”) determined that Well 02 is Groundwater Under the Direct Influence of Surface Water.

G. On March 30, 2016, the Water Board issued Compliance Order No. 02_18_16R_001, requiring Six Acres to provide a minimum of 4-log virus inactivation treatment for the water from Well 02 and to begin monthly compliance monitoring by October 1, 2019. Six Acres began monitoring Well 02 221
2 in January 2020. In April 2020, Six Acres failed to maintain at least 4-log inactivation of viruses.

H. On July 30, 2020, the Water Board issued Compliance Order No. 02_18_20R_005, determining that Six Acres failed to comply with primary drinking water standards pursuant to Health & Safety Code § 116555 and Compliance Order No. 02_18_16R_001, in violation of California Code of Regulations, Title 22, §§ 64650 - 64666.

I. On January 7, 2022, the Water Board issued Citation No. 02_18_22C_004. Six Acres failed to provide a minimum of 4-log inactivation of viruses in August 2021, November 2021, and December 2021, in violation of Compliance Order No. 02_18_16R_001.

J. The City is a general law city located in Sonoma County.

K. The City owns a water supply and operates a distribution system that provides water service to approximately 3,600 residential, commercial, industrial, and irrigation connections. The City’s water system meets all primary drinking water standards. It has the capacity to provide more than 500 million gallons of water per year and maintains over forty miles of water pipelines, 3,600 service lines, hundreds of fire hydrants, six storage tanks, and two pump stations. The City’s water filtration plant can produce 4.5 million gallons of drinking water per day.

The City’s water system includes an 8-inch water main along South Cloverdale Boulevard, adjacent to Six Acres’ service area. The City also holds a utility easement on Lile Lane for the provision and maintenance of its sanitary sewer main and service.

L. On January 5, 2016, the Water Board sent a letter to Six Acres and the City encouraging the Parties to voluntarily consolidate Six Acres’ water system with the City’s water system under Cal. Health & Safety Code § 116682(b)(1).

M. To address the Water Board’s concerns, Six Acres applied to the Water Board for technical assistance funded by a Proposition 1 Drinking Water Technical Assistance Grant (“TA Grant”) for the preparation of an engineering analysis, legal services, and community outreach. Under that TA Grant, GHD, Inc. completed an Engineering Analysis in March 2018 to assess the financial and technical feasibility of several compliance alternatives. The Engineering Analysis recommended that the most technically and economically feasible alternative would be to: (1) extend the City’s water service to Six Acres by annexing the Six Acres community; and (2) seek Water Board financing for planning and capital costs.
222
3 N. On November 2, 2020, the Water Board notified the Parties that they had six months to negotiate a voluntary consolidation, which was the first step towards mandatory consolidation of Six Acres with the City pursuant to Cal. Health & Safety Code § 116682.

O. The Parties entered into a Pre-annexation Agreement on January 26, 2022, which is attached as Exhibit “A.” This agreement described the efforts each Party would undertake as well as the conditions necessary for the City and Six Acres to apply for Annexation and to extend City drinking water and wastewater services to the Six Acres service area.

P. On October 10, 2022, the Water Board issued Compliance Order No. 02_18_22R_007, appointing Marlene Demery of Demery & Associates as the full-scope Administrator for Six Acres pursuant to Cal. Health & Safety Code § 116686.

DEFINITIONS
For the purposes of this Agreement, except as otherwise expressly provided:
a. “Administrator” means a person or entity appointed by the Water Board to provide administrative, technical, operation, legal, or managerial services to a designated water system pursuant to Cal. Health & Safety Code § 116686. For this matter, the Water Board appointed Marlene Demery of Demery & Associates as the Administrator for Six Acres. b. “Annexation” means the inclusion, attachment, and addition of the Six Acres’ Service Area to the City.
c. “City” means the City of Cloverdale, California.
d. “Council” or “City Council” means the Cloverdale City Council. e. “County” means the County of Sonoma.
f. “CEQA” means the California Environmental Quality Act, Cal. Pub. Res.

Code §§ 21000 - 21189.57.
g. “Completion of Construction” means the date that the City, for the Wastewater Project, and the Administrator, on behalf of Six Acres, for the Drinking Water Project, accept the contractor’s Final Notice of Completion of Construction for all phases of the Construction Projects. h. “Construction Projects” means the Drinking Water Project, Wastewater Project, and all other construction necessary for Annexation into the City 223
4 listed in the Engineering Analysis or the Sanitary Sewer System Engineering Plan.
i. “Drinking Water Project” means the following:
a. Obtaining all permits and easements necessary for construction, including, but not limited to, encroachment permits, agreements, and necessary approvals from the appropriate LAFCo, County, State, and Federal agencies.
b. Construction of necessary infrastructure related to the consolidation of the Six Acres water system and the City’s water system, including:
i. Abandoning Six Acres’ existing 4-inch water mains and installing new 8-inch water mains in the Service Area;
ii. Connecting the new 8-inch water mains to the City’s existing water system that runs along South Cloverdale
Boulevard;
iii. Installing new fire hydrants and valves on Lile Lane, Hamlin Lane, and El Rancho Drive;
iv. Installing water meters and new service laterals for all properties in the Service Area;
v. Permanently disconnecting Well 02 from the Six Acres water system in accordance with State and County
standards;
vi. Abandoning in place or removing Six Acres’ existing 4- inch water main that runs under Highway 101; and
vii. Destroying Six Acres’ chlorination system, flow meter, hydropneumatic tank, and all other associated water supply facilities.
j. “Effective Date” means the date that this Agreement is signed by the last Party to sign it.
k. “Engineering Analysis” means the Engineering Analysis prepared by GHD, Inc. in March 2018.
l. “Final Notice of Completion of Construction” means the notice filed with the County Clerk-Recorder by the City’s contractor for the Wastewater Project and by Six Acres’ Administrator for the Drinking Water Project, stating that the contractor has completed construction of all phases of the Construction Projects.
224
5 m. “Funding Agreement” shall mean the written agreement between the Water Board and the Parties that sets out the applicable terms regarding the Water Board’s award of funding to finance the Construction Projects and the Annexation of the Service Area into the City.
n. “LAFCo” means the Sonoma County Local Agency Formation Commission.
o. “Landowner” means an owner of real property within the Six Acres Service Area whose real property will be affected by the Annexation. p. “Private Roads” refers to Lile Lane, Hamlin Lane, and El Rancho Drive within the Service Area.
q. “Sanitary Sewer System Engineering Plan” refers to the South Cloverdale Water System (SCWS) and Six Acres Water System (SAWS) Sanitary Sewer System Annexation 30% Engineering Plan prepared by GHD, Inc. for the City in October 2023.
r. “Service Area” refers to the 22 parcels that receive domestic water service from Six Acres and are located west of U.S. Highway 101, bordered to the west by South Cloverdale Boulevard, to the north by Lile Lane, and to the south by El Rancho Drive, including the parcels abutting El Rancho Drive in the unincorporated community of South Cloverdale as depicted in Exhibit “B” to this Agreement.
s. “Six Acres” means the Six Acres Mutual Water Company. t. “TA Grant” means the Proposition 1 Drinking Water Technical Assistance Grant awarded by the Water Board to technical assistance providers to assist Six Acres with the preparation of an engineering analysis, legal services, and community outreach.
u. “Wastewater Project” means the following:
a. Obtaining all permits and easements necessary for construction, including, but not limited to, encroachment permits, agreements, and necessary approvals from the appropriate LAFCo, County, State, and Federal agencies.
b. Construction of necessary infrastructure related to providing sanitary sewer connections to properties in the Service Area, including:
225
6 i. Installing new 8-inch sewer mains and manholes along South Cloverdale Boulevard between Lile Lanes and El
Rancho Drive and along Hamblin Lane; and
ii. Installing sewer laterals to connect all properties in the Service Area to the City’s existing sanitary sewer system. v. “Water Board” means the California State Water Resources Control Board.

AGREEMENT
The Parties agree as follows:

1. Annexation Process

1.1. LAFCo Application
The City will act as the lead agency in applying for LAFCo approval of the Annexation and preparing all documentation required for the Annexation. Six Acres will promptly undertake any actions required for approval of the Annexation application. Six Acres has obtained written consent from all Landowners in the Service Area using the Sonoma LAFCo Landowner Consent Form attached to this Agreement as Exhibit “C.”

1.2. Funding

1.2.1. This Agreement is contingent on funding. The Parties understand that the planning, design, and construction of the improvements described in the Engineering Analysis and the Sanitary Sewer System Engineering Plan are contingent upon the City and Six Acres obtaining Water Board funding for eligible costs for the Construction Projects. If funding is not obtained, this Agreement is void, and neither the City nor Six Acres will be required to complete any part of the Construction Projects.

1.2.2. Demery & Associates, as Administrator of Six Acres, will apply for and attempt to secure sufficient funding for the Annexation and the Drinking Water Project, including the cost of design, planning, environmental review, construction, and annexation. The City will apply for and attempt to secure sufficient funding for the Wastewater Project, including the cost of design, planning, environmental review, and construction. The Parties agree that they will support these applications for funding, including, but not limited to, providing any required documents or resolutions. Potential funding sources include, but are not limited to, Water Board funding, 226
7 County allocations, state bond monies and grant funding programs, federal grants and forgivable loans, and other funding sources.

1.2.3. The City and Six Acres will use reasonable efforts to obtain Water Board funding for the Construction Projects. However, the Water Board has the discretion to determine whether to approve a Funding Agreement.

1.2.4. The City will be reimbursed for any staff or consultant costs related to the Annexation. The City’s General Fund will be made whole, and no net funds from the General Fund will be expended to further the Annexation.

The City shall maintain an account of funds expended in furtherance of the Annexation and shall send requests for reimbursement to the Water Board with a copy to Six Acres.

2. Land Use and Improvements in the Service Area.

2.1. Nonconforming Land Uses
The Parties acknowledge that Landowners within the Service Area may continue any preexisting nonconforming uses that are lawful under the Sonoma County Zoning Code as of the Effective Date and pursuant to City Zoning Code section

18.02.090 or such other legally adopted requirements as shall be in effect in the City at the time of Annexation. The Parties further acknowledge that the right to continue such nonconforming uses attaches to the land and shall not be affected by a change of ownership, tenancy, or management, provided that there is no expansion, substitution or other change in use, or substantial alteration to the building, structure, or site.

2.2. Service Area’s Identity
The City will use its best efforts to maintain the identity and character of the Service Area. The City will not change any current street names and addresses in the Service Area.

2.3. Road Improvements

2.3.1. The Parties agree that Lile Lane, Hamlin Lane, and El Rancho Drive are Private Roads within the Service Area. The City will not be responsible for any maintenance or repair of those Private Roads after Annexation, except that the City will be required to repair any damage to such Private Roads caused by the maintenance of City-owned infrastructure or the Wastewater Project. After Completion of Construction of the Wastewater Project, the City will repair the Private Roads to be as nearly as practicable in the same condition as prior to the construction. Six Acres, using 227
8 construction funds it administers, will be required to repair any damage to such Private Roads caused by the Drinking Water Project. After Completion of Construction of the Drinking Water Project, Six Acres, using construction funds it administers, will repair the Private Roads to be as nearly as practicable in the same condition as prior to the construction.

2.3.2. The Parties agree that no improvements to Private Roads are required as a condition of Annexation. Current and subsequent Landowners of the properties located on each of the Private Roads shall be responsible for the maintenance and repair of those Private Roads.

2.3.3. The Parties agree that no improvements to the Lile Lane Bridge are required as a condition of Annexation. Current and subsequent Landowners of the properties located on Lile Lane shall be responsible for the maintenance and repair of the Lile Lane Bridge.

3. Management

3.1. The Administrator will manage the Drinking Water Project. The City will manage the Wastewater Project and will oversee the planning and design of the water and sewer main extensions. The City will retain its oversight of the construction inspection process for the Construction Projects.

3.2. The Administrator and the City will work together to obtain all permits and easements necessary for all Construction Projects. Rights of Entry or easements may be needed for work on private properties to abandon existing Six Acres water services and to install new water meters, service lateral lines, and sewer laterals at each property. Temporary construction easements may be needed for staging areas and to lay down equipment. New permanent easements may be needed where the new water main or sewer main is located outside the public right-ofway and where easements do not currently exist.

3.3. The City will timely process any encroachment permits, public utility easements, license agreements, or other legal documents necessary for the Construction Projects.

4. Wastewater and Water System Consolidation

4.1. Purpose of the Wastewater Project
The purpose of the Wastewater Project is to upgrade and extend the City’s existing wastewater system to provide sanitary sewer connections to all properties within the Service Area.
228
9 4.2. Upgrades to Six Acres Wastewater System

4.2.1. New sanitary sewer mains will be installed per City Standard No. 300 to connect properties in the Service Area to the City’s wastewater system.

4.2.2. New sewer manholes will be installed per City Standard Nos. 301 and 302 to comply with the City’s design standards.

4.2.3. New sewer drop manholes will be installed per City Standard Nos. 304 and 305 to comply with the City’s design standards.

4.2.4. New sewer service laterals will be installed per City Standard Nos. 309 and 310 to connect properties in the Service Area to the City’s sanitary sewer mains.

4.3. Purpose of Drinking Water Project
The purpose of the Drinking Water Project is to upgrade Six Acres’ existing water distribution system to meet the City’s minimum design standards and the Cloverdale Fire Protection District’s fire flow requirements so that the Service Area can receive an adequate supply of safe drinking water from the City’s water system and fire flow protection.

4.4. Upgrades to Six Acres Water Distribution System

4.4.1. Well No. 2 will be permanently disconnected from the Six Acres water system in accordance with State and County standards.

4.4.2. The existing Six Acres’ 4-inch water main that runs under Highway 101 will be removed or abandoned in place. The Six Acres’ chlorination system, flow meter, hydropneumatic tank, and all other associated water supply facilities will be destroyed.

4.4.3. To extend the City’s water system into the current Service Area, new 8- inch water mains will be installed throughout the Service Area and connected to the City’s existing water main located west of South Cloverdale Boulevard per City Standard No. 500.

4.4.4. Service lateral lines and water meters will be installed at all properties in the Service Area. Each property in the Service Area will connect to the City’s new water mains with the new individual water meters and service lateral lines per City Standard No. 503.

4.4.5. To accommodate fire flows, shut-off valves and hydrants will be installed throughout the Service Area per City Standard Nos. 501 and 502 and the 229
10 Cloverdale Fire Protection District’s fire flow requirements. The City and the Cloverdale Fire Protection District will review and approve all improvement plans.

4.5. Connection to City Water and Wastewater System

4.5.1. Within thirty (30) days after the Completion of Construction, the City will connect the upgraded Service Area’s water and wastewater systems to the City water and wastewater systems and assume ownership, responsibility for, and control over the new consolidated water and wastewater distribution systems.

4.5.2. Upon connection of the upgraded Service Area’s water and wastewater systems with the City water and wastewater systems, the City shall allow residents of the Service Area, including all subdivision lots and properties therein as well as future developments on existing lots, to become individual customers of the City’s water and wastewater systems regardless of whether those lots received water service from Six Acres at any time. The City shall provide an adequate supply of safe drinking water to the Service Area that complies with all federal and state laws.

The City shall transport wastewater from the Service Area and treat the wastewater at the City’s wastewater treatment plant.

4.5.3. When the City commences service, Six Acres will no longer be responsible for providing water to the Service Area. Within 30 days after the City commences water service to the Service Area, Six Acres shall cease operation as a public water system and surrender its Domestic Water Supply Permit No. 4900608. Six Acres shall provide evidence to the Division of Drinking Water, Sonoma District that: (1) Six Acres’ water system facilities are physically disconnected from the distribution system serving customers; and (2) the physical connection to the City’s water system has been established. Within 30 days after the City commences water service to the Service Area, Six Acres will begin the process of voluntary dissolution of its corporate structure, including the cancellation of any associated business licenses and insurances, closure of bank accounts, and transfer of all deeds and titles to the City.

4.5.4. The City will own and be responsible for the operation and maintenance of the fire hydrants and drinking water distribution infrastructure up to and including the water meter installed as part of the Drinking Water Project.

The City will maintain this infrastructure for forty years after Completion of Construction, which is the useful life of the infrastructure. After 230
11 Completion of Construction, the City will transfer ownership of the service lateral lines to the Landowners. The City will enter into a water service agreement with each Landowner that will require the Landowners to own and be responsible for the maintenance of the service lateral lines between the meters and their residences. The agreement will require the Landowners to maintain this infrastructure for forty years after Completion of Construction, which is the useful life of the infrastructure.

4.5.5. The City will own and be responsible for the maintenance of the sewer mains and manholes installed as part of the Wastewater Project. The City will maintain this infrastructure for forty years after Completion of Construction, which is the useful life of the infrastructure. After Completion of Construction, the City will transfer ownership of the sewer lateral lines to the Landowners. The City will enter into a wastewater service agreement with each Landowner that will require the Landowners to own and be responsible for the maintenance of the sewer lateral lines connecting the City’s sewer mains to their residences. The agreement will require the Landowners to maintain this infrastructure for forty years after Completion of Construction, which is the useful life of the infrastructure.

4.6. Water Usage Fees and Charges

4.6.1. Six Acres will diligently pursue funding to assist Landowners in paying for any impact fee(s) required to install and connect water service laterals and sewer laterals to properties in its Service Area. Six Acres’ failure to obtain such funding will not relieve the Landowners of any obligations to pay such fees.

4.6.2. Within thirty (30) days after Completion of Construction, residents within the Service Area must complete the City’s Water/Sewer Start Service Application and pay the applicable fees in effect at the time of application as adopted by the City Council.1
Currently, residents must pay a $60.00
non-refundable Start Service Fee to become customers of the City’s water and wastewater services. Residents must also make a $150.00 deposit with the City, which may be reduced to $75.00 if the resident signs up for the City’s Direct Debit program. These charges reflect the City’s current charges and are subject to additional increases.
1 The City’s water/sewer service application is available at:
https://www.cloverdale.net/DocumentCenter/View/5159/Water-Sewer-New-StartPacket?bidId=. 231
12 4.6.3. Landowners who fail to consent to connect to the upgraded water system within thirty (30) days after Completion of Construction will be responsible for payment of all applicable City connection fees, including any use or “hookup” fee, in effect at the time such fees become due.

4.6.4. Customers in the Service Area shall enjoy all the rights, benefits, and privileges of current customers of the City’s water and wastewater services and shall be subject to the same rates and regulations as the City’s current customers. The City shall not charge a rate or impose any fees or costs for water services on residents within the Service Area higher than the rates and fees imposed on existing customers located within the City’s limits.

4.6.5. Residents of the Service Area who become customers of the City’s water service will be charged the applicable fees in effect at the time of application as adopted by the City Council. Currently, the City charges a fixed monthly rate of $32.51, which corresponds to the ¾ inch meter size, and an additional $6.35 per 100 cubic feet of water that is used. These charges reflect the rates within the City’s master fee schedule for fiscal year 2023 – 2024 and are subject to additional increases. See Exhibit “D” (City of Cloverdale’s water and wastewater rate schedule).

4.6.6. Single-family residential properties in the Service Area that become customers of the City’s wastewater service will be charged the applicable fees in effect at the time of application as adopted by the City Council.

Currently, the City charges a flat rate of $51.87 per dwelling unit per month for single-family residential units. Multi-family residential properties in the Service Area that become customers of the City’s wastewater service will be charged the applicable fees in effect at the time of application as adopted by the City Council. Currently, the City charges a flat rate of $34.75 per dwelling unit per month for multi-family residential properties. These charges reflect the rates within the City’s master fee schedule for fiscal year 2023 – 2024 and are subject to additional increases. See Exhibit “D” (City of Cloverdale’s water and wastewater rate schedule).

4.7. Transfer of Six Acres’ Water Rights and Permanently Disconnecting Six Acres’ Well 02.

4.7.1. Within thirty (30) days after the City commences water service to the Service Area, Six Acres shall apply to the Water Board to permanently 232
13 transfer any water right it has associated with the use of Well 02 to the City at no cost.

4.7.2. After Six Acres transfers its water right to the City, the City will be responsible for applying to the Water Board for any necessary or desired changes in place or purpose of use associated with the water right.

4.7.3. After the City commences water service to the Service Area, the City will permanently disconnect Well 02 from the Six Acres water system in accordance with State and County standards.

4.7.4. The City will be responsible for construction, maintenance, and repairs of any infrastructure necessary for its use of Well 02 for nondomestic purposes.

5. Project Completion Schedule
The Construction Projects shall commence no later than six (6) months after the Water Board’s Final Budget Approval (“FBA”) relating to the Funding Agreement. The Construction Projects shall be completed no later than thirty-six (36) months after the FBA.

6. Easements

6.1. Six Acres shall convey to the City its public utility, emergency, and right of way easements on Lile Lane, Hamlin Lane, and El Rancho Drive within 90 days after the City commences water service to the Service Area.

6.2. The new 8-inch water mains will be installed in the City’s existing right-of-way and through any new easements. The City holds a utility easement on Lile Lane for the provision and maintenance of its sanitary sewer main and service.

Additional easements may need to be acquired to complete this project.

6.3. The new 8-inch water main will cross the Muscat Creek on Lile Lane near the Lile Lane bridge. This new water main may be installed above an existing sewer line. However, installing the new water main above the sewer line in this location will require obtaining a variance from the state. This project is subject to change based on legal or engineering considerations.

GENERAL PROVISIONS

7. Waiver
233
14 Any waiver by a Party of any default by another Party must be in writing and shall not be deemed a waiver of any other default concerning the same or any other provision of this Agreement.

8. Dispute Resolution
The dispute resolution procedures in this Paragraph shall be the exclusive mechanism to resolve disputes arising between the Parties under this Agreement.

8.1. Informal Dispute Resolution
Any dispute arising between the Parties shall first be subject to informal negotiations. A Party shall invoke dispute resolution by submitting a written Notice of Dispute to the other Party. Upon receipt of the Notice of Dispute, each Party shall designate a representative to negotiate the dispute. If the Parties cannot resolve a dispute by informal negotiations within 60 days after the date of the Notice of Dispute, then an objecting Party may invoke formal dispute resolution procedures pursuant to Paragraph 8.2.

8.2. Binding Mediation
If the dispute is not resolved informally, the Parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. In the mediation, each participating Party shall bear its own legal expenses and shall equally bear the cost of the mediator.

The mediation shall be completed within 60 days after the mediator’s selection.

Within 30 days after the mediation’s completion, the mediator shall issue a written decision. The Parties agree that the mediator’s decision shall be binding upon the Parties.

9. Initial Term, Automatic Renewal, and Option to Terminate Unless terminated for cause pursuant to Paragraph 10, this Agreement will become effective on the Effective Date and will continue in effect for 40 years after the Completion of Construction, which is the useful life of the water and wastewater system infrastructure.

10. Termination for Cause
Any Party may seek to terminate the Agreement for cause if another Party fails to perform a material provision of this Agreement. The Party seeking termination shall first attempt to resolve the dispute pursuant to Paragraph 8. If dispute resolution fails to resolve the dispute, the Party seeking termination shall provide the other Party a written notice to terminate pursuant to Paragraph 19 (Notice), which shall describe the material 234
15 breach and the efforts to resolve the dispute. Termination will be effective six months after the other Party receives the written notification to terminate. The Parties acknowledge that early termination of this Agreement may place funding recipients in breach of their funding agreements with the Water Board.

11. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California.

12. Attorney’s Fees and Costs
If any Party to this Agreement begins any action, proceeding, or arbitration arising out of this Agreement, each Party shall bear its own attorneys’ fees and costs, unless further ordered or mandated by a reviewing court.

13. Headings
Section headings are provided for organizational purposes only and do not affect the scope, meaning, or intent of the provisions under each heading.

14. Third Party Beneficiaries
The Water Board, the owners of real property located in the Service Area, and the residents of the Service Area are intended third-party beneficiaries of this Agreement with the right and standing to seek enforcement of the entire Agreement or any portion thereof and will retain that status following the dissolution of Six Acres.

15. Time of Essence
Time is of the essence for each provision of this Agreement.

16. Covenant of Good Faith and Fair Dealing
No Party will do anything that would have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement.

17. Further Assurances
The Parties to this Agreement will cooperate with and provide reasonable assistance to the other Party to enable that Party to perform all obligations under this Agreement and to satisfy the conditions of the Agreement.

18. Modification, Amendment, or Extension
235
16 Subject to any notice and hearing requirements imposed by law, this Agreement may be modified, amended, or extended only by mutual written consent of the Parties.

19. Notice
All notices or other communications required under this Agreement must be in writing and addressed to the individuals identified in this Paragraph, and will be deemed duly served, given, or delivered:

19.1.1. On the date of service if served personally on the person to receive the notice;

19.1.2. On the date deposited with U.S. mail if delivered by first-class mail with postage prepaid and addressed to the relevant Party at the address set forth in this Paragraph below; or

19.1.3. On the date of transmission if delivered electronically, showing the date and time transmitted, to the email address set forth in this Paragraph below and showing the date and time transmitted.

If to the City:

City of Cloverdale
Attn: City Manager
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Email: [email protected]
With a copy to:

Meyers-Nave
Attn: Cloverdale City Attorney
555 Capitol Mall, Suite 1200
Sacramento, CA 95814
Email: [email protected]
If to Six Acres:

Six Acres Mutual Water Company
Sage Smith-Taylor, President
29730 River Road
Cloverdale, CA 95425
Email: [email protected]
With a copy to:

Demery & Associates
236
17 Attn: Marlene F. Demery
3676 Banbury Court
Santa Rosa, CA 95404
(707) 479-8880
Email: [email protected]
Aoki Water Justice Clinic
Attn: Robert Mullaney
UC Davis School of Law
400 Mrak Hall Drive
Davis, CA 05616
(530) 752-3062
Email: [email protected]

20. Authorization to Execute
The signatories to this Agreement warrant that they have been lawfully authorized to execute this Agreement. Upon request, each Party will provide copies of all applicable bylaws, resolutions or other documents evidencing the signatory’s legal authority to execute this Agreement.

21. Conflict with State or Federal Laws
After this Agreement takes effect, if state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, the Party prevented from performance must provide the other Party with written notice of the state or federal restriction and a statement of how that restriction conflicts with the provisions of this Agreement. Six Acres and the City staff agree, within thirty (30) days, to meet and confer in good faith to make a reasonable attempt to modify this Agreement to the minimum extent necessary to comply with such federal or state law or regulation.

22. Venue
Any legal action or proceeding concerning this Agreement must be filed in the appropriate court in the County of Sonoma, California.

23. Integration
This Agreement contains the entire agreement between the Parties and supersedes any and all prior or concurrent written or oral agreements.

24. Counterparts
237
18 This Agreement may be executed in one or more counterparts, each of which is an original, and all of which constitute a single agreement.

25. Severability
If, by judgment or court order, a court invalidates any of the provisions contained in this Agreement or the application of the Agreement to any person, that order will not affect any other provisions of this Agreement. Those other provisions will remain in full force and effect unless enforcement of this Agreement would be unreasonable or inequitable under all circumstances or would frustrate the purposes of this Agreement or the Parties' rights and obligations under the Agreement.

26. Force Majeure
A Party shall not be liable for delays or failures in performance for the period that such delay or failure results from events beyond the reasonable control of the Party, materially affects the performance of its obligations under this Agreement, and could not have been foreseen. Within 30 days after the commencement of the force majeure event, the Party affected by a force majeure event shall provide written notice to the other Party, which shall describe the occurrence of the force majeure event and the expected duration of the event’s effect on the Party’s performance. Times of performance under this Agreement may also be extended in writing by mutual agreement between the Parties.

27. Assignment and Delegation
No Party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other Party. This Agreement binds and benefits all Parties and the successors in interest to the Parties to this Agreement.

To evidence the Parties’ agreement to this Agreement, the Parties have executed and delivered it on the dates set out below. The Effective Date of this Agreement will be the date that the Agreement is signed by the last Party to agree to it (as indicated by the date associated with that Party’s signature).

THE CITY OF CLOVERDALE

Dated: ___________________ _______________________________________ NAME
TITLE

238
19 SIX ACRES MUTUAL WATER COMPANY
Dated: ___________________ _______________________________________ NAME
TITLE
239
N89°29'32"W 168.19 N48°13'51"E 578.69 S48°34'00"W 431.92 Δ=44°22'30" L=18.641, R=24.069 Δ=51°05'45" L=171.539, R=192.354 S34°47'02"E 36.26 N55°35'00"E 180.94 S37°17'00"W 125.36 S48°34'00"W 251.41 S38°50'00"E 310.40
S22°37'00"W 405.38
S43°20'00"W 185.46 S42°11'48"E 55.90 Δ=7°44'56" L=131.188, R=970.000 N31°25'02"W 190.95 Δ=3°22'03" L=292.100, R=4970.000 S29°33'26"E 29.55 S62°57'26"W 540.85 S26°31'04"E 92.42 N55°42'08"E 717.68 S63°33'33"W 170.24 N56°32'02"E 828.28 TIE: N29°33'26"W 12.89 TIE: S34°47'02"E 83.69 HWY 101 S. CLOVERDALE BLVD ELBRIDGE AVE FOOTHILL BLVD KELLY RD

ASTI RD

LILE LN

CHURCH LN

BROOKSIDE DR

CHERRY CREEK RD
KELLY RD SITE VICINITY MAP NOT TO SCALE 2235 Mercury Way Suite 150 Santa Rosa California 95407 USA T 1 707 523 1010 F 1 707 527 8679 W www.ghd.com GHD Inc. LEGEND: FOUND MONUMENT AS NOTED PROPERTY LINE NEW LAFCO BOUNDARY CITY ENGINEER STATEMENT I, , CITY ENGINEER OF THE , , HEREBY CERTIFY THAT THE MAP HEREON SHOWN CONFORMS TO THE REQUIREMENTS OF TITLE 4, DIVISION 1, CHAPTER 1, ARTICLE 3, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND TO THE DESCRIPTION OF THE REORGANIZATION AS ADOPTED BY SONOMA LAFCO IN RESOLUTION NO. DATED . BY: DATE: NAME, TITLE, NO. DEPUTY COUNTY SURVEYOR'S STATEMENT I, , CITY ENGINEER OF THE , , HEREBY CERTIFY THAT THE MAP HEREON SHOWN CONFORMS TO THE REQUIREMENTS OF TITLE 4, DIVISION 1, CHAPTER 1, ARTICLE 3, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND TO THE DESCRIPTION OF THE REORGANIZATION AS ADOPTED BY SONOMA LAFCO IN RESOLUTION NO. DATED . BY: DATE: NAME, TITLE, NO. DEPUTY RECORDER'S STATEMENT RECORDED AT THE REQUEST OF THE EXECUTIVE OFFICER OF THE SONOMA LOCAL AGENCY FORMATION COMMISSION, THIS DAY OF , 2024, IN BOOK OF MAPS, AT PAGE , SONOMA COUNTY RECORDS. COUNTY RECORDER DEPUTY SURVEYOR'S STATEMENT THIS MAP HAS BEEN COMPILED UNDER MY DIRECTION. BY: DATE: RICHARD A. MADDOCK, L.S. No. PLS8131 STAT E OF CA L I FOR N IA RICHA RD A . MA DDOCK ROYE V RUS NA L LA ND IO S EF ORP LAFCO: APPROVED BY SONOMA LOCAL AGENCY FORMATION COMMISSION IN RESOLUTION NO. DATED .BY: DATE: EXECUTIVE OFFICER 240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256

CITY OF CLOVERDALE

CITY COUNCIL
ORDINANCE NO. 752-2023
AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING TITLE 18, “ZONING,” OF THE

CITY MUNICIPAL CODE, PREZONING CERTAIN PROPERTIES CONTAINING APPROXIMATELY 9.27 +/- ACRES OF DEVELOPED LAND COMMONLY KNOWN AS THE SIX ACRES ANNEXATION AREA (APNS 116-290-001 T0 -009; 011 TO -015; -017; -019 TO -022; -024: 116-310-001) TO THE “TWO-FAMILY RESIDENTIAL (R-2)” ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF CLOVERDALE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. RECITALS
A. The owners of the Six Acres Annexation Area properties (APNs 116-290-001 T0 - 009; 011 TO -015; -017; -019 TO -022; -024: 116-310-001), containing approximately 9.27 acres of land located in unincorporated Sonoma County territory have requested annexation to the City of Cloverdale.

B. As required by California State Law, California Government Code Sec. 56375 (a) (7), all requests for annexation must not create “county islands” which would not promote the local or efficient expansion of communities in California. In this instance, with the properties immediately to the north and west in Briarwood and on S. Cloverdale Boulevard already located within City limits and zoned R-3, P-I and R-1, a “County island” would not be created.

C. As mandated by state law and Sonoma County Local Agency Formation Commission (LAFCO) requirements, the City of Cloverdale is obligated to prezone the affected properties identified above prior to annexation. Proposed prezoning includes classifying individual properties within the annexation area to the R-2 (Two-Family Residential) district as summarized above and as shown on Exhibit 1, which is hereby incorporated by reference to this ordinance.

D. The California Environmental Quality Act (“CEQA”), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The project involves annexation of 21 parcels, 20 of which are developed with existing private structures. No new construction is proposed other than the extension of utilities to the existing facilities that which would have a capacity to serve only those existing facilities.

On the basis of this information, it has been determined the project qualifies for a Class 257
2 19 (Section 15319 – Annexations of Existing Facilities and Lots for Exempt Facilities) exemption from the California Environmental Quality Act (CEQA).

E. The City Council makes the following findings related to prezoning the properties described as County Assessor’s Parcel Numbers (APNs) 116-290-001 T0 -009; 011 to -015; -017; -019 to -022; -024: 116-310-001 to the R-2 (Two-Family Residential) District:

1. The proposed prezoning is consistent with the goals, objectives, policies and programs of the Cloverdale General Plan and is necessary and desirable to implement the provisions of the General Plan.
a. The prezoning of properties within the Six acres annexation area, as described above and shown on Exhibit 1, is consistent with the Land Use Map of the Cloverdale General Plan.
b. The project is consistent with the goals, policies and implementation measures of the General Plan and the MDR land use designation as it would bring existing residential uses into the City limits of Cloverdale within the density range allowed by the MDR and subject future development of the properties to City standards.

2. The proposed prezoning will not adversely affect the public health, safety and welfare or result in an illogical land use pattern.
a. The project involves the annexation of 21 parcels, 20 of which are developed with private structures and no additions, modifications or new construction and requiring only the extension of City services to serve the subject parcels. Based upon the information contained in the application materials, the project qualifies for a Class 19 (Annexations of Existing Facilities and Lots for Exempt Facilities) CEQA Exemption. Furthermore, once annexation is complete, any future improvements to the property would be subject to applicable Fire and Building codes, ensuring the public health, safety and welfare.
b. The land use pattern for the annexation is generally consistent with existing development patterns within the annexation area and with existing County of Sonoma zoning as applied to these properties.

3. The proposed prezoning is consistent with the purpose and intent of Chapter

18.03.080.D of the Cloverdale Municipal Code, as follows. a. The proposed prezoning has been requested prior to annexation of the properties requested for annexation to the City of Cloverdale and will not become effective until the annexation process is complete. 258
3 4. The proposed prezoning is consistent with the purpose and intent of Chapter

18.03.080.E of the Cloverdale Municipal Code, as follows. a. The prezoning is consistent with the Cloverdale General Plan. b. The project is consistent with all other provisions of the Cloverdale Municipal Code.
c. The prezoning will not be detrimental to the public health, safety or welfare to the use of land in the annexation area or adjacent lands as documented by finding #2, above.
d. The properties for prezoning are suitable for the existing residential uses that are allowed by the City of Cloverdale R-2 Zoning District.

F. On May 24, 2023, the City Council held a properly noticed public hearing regarding this Zoning Map Amendment and considered all comments received in writing and all testimony received at the public hearing.

SECTION 1. PURPOSE AND INTENT
The purpose and intent of these changes is to amend the City of Cloverdale Zoning Map (18.01.060 (b) CMC) to prezone the 9.27-acre area between Lile Lane and El Rancho Drive along the east side of S. Cloverdale Boulevard, south and east of the current City limits in this portion of Cloverdale, to R-2 (Two-Family Residential) Zoning District as shown on Exhibit 1, which prezoning will become effective when the zoning of the sites becomes effective upon completion of the annexation process pursuant to Government Code section 65859(a).

SECTION 2. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.

SECTION 3. RECLASSIFIED PROPERTIES
The City of Cloverdale Zoning Map (18.01.060 (b) CMC) is hereby amended so as to zone the 21 subject properties located between Lile Lane and El Rancho Drive along the east side of S. Cloverdale Boulevard to the R-2 (Two-Family Residential) Zoning District as shown in Exhibit 1. Pursuant to the provisions of Government Code section 65859, the zoning established for the properties by this ordinance shall become effective at the same time that the annexation becomes effective.
259
4 SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Council Members voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California. Said zoning shall not be deemed effective until completion of the annexation pursuant to Government Code Section 65859(a).

I hereby certify that the foregoing ordinance was introduced before the City Council of the City of Cloverdale at a regular meeting thereof on the 24th day of May 2023 and duly and regularly adopted by the City at a regular meeting thereof held on June 14, 2023, by the following vote:

Ayes: (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler Noes: (0) - None
Abstain: (0) - None

Absent: (0) - None
SO ORDERED: ATTEST: ______________________
Todd Lands, Mayor _____________________ Mike Maloney, City Clerk 260
261
262
263
City Council/Successor Agency
Agenda Item Summary Agenda Item: I.2
Meeting Date: March 27, 2024
Agenda Section:

New Business
Staff Contact:

Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.

Alex Mog, City Attorney
Agenda Item Title:

Urban Growth Boundary Map and Ballot Initiative.
______________________________________________________________________________________ Recommended Council Action(s):

Discuss and Provide Direction To Staff Regarding Proposed Modification of the Urban Growth Boundary (UGB).
________________________________________________________________________________________ Background:

In 2023, representatives from the Clearwater Ranch approached the City about a possible annexation of their property to accommodate future expansion. Clearwater Ranch is a non-profit adult care facility established in 2018, located off Cherry Creek Road in the western hills. The site is within the General Plan Study Area but is outside the Urban Growth Boundary (UGB) approved by the voters in 2010 (Measure Q) and outside the Sphere of Influence controlled by Sonoma LAFCO. Because Clearwater Ranch is in Sonoma County, city services are not available, leaving limited opportunities for expansion. However, City water and sewer service generally cannot be provided to parcels outside of the UGB. For this reason, Clearwater Ranch is seeking to amend the UGB to include their property, which could allow for a future annexation into the City. Properties requesting annexation must be within the UGB. Since the initiation of this discussion, several other property owners in the western hills have expressed interest in participating in the process. Any change in the UGB at this time would require voter approval.

The City Council has reviewed and discussed this item at two meetings in 2023 as follows:
• September 13, 2023: City Council provided direction to staff requesting they bring back additional information regarding UGB amendment, specifically a proposed boundary. Additionally, several questions were posed and the Council requested responses. (Attachment 1 Agenda Report)

• October 25, 2023: City Council reviewed a potential UGB amendment map, and directed staff to return with a revised map that decreased the proposed UGB boundary. Further, the Council reviewed and commented on a series of questions posed at the September 13, 2023 meeting. (Attachment 2 Agenda Report).
_______________________________________________________________________________________ Discussion:

The purpose of this agenda item is to seek Council input on the following:

1. Review and comment on the revised map boundary (Attachment 3) for potential modification of the Urban Growth Boundary. Amendments were made based on the Council discussion of October 25th.

2. Provide Direction to city staff regarding a potential ballot initiative involving modification of the Urban Growth Boundary.
264
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

Map Discussion:

At the October 25, 2023, Council meeting, staff suggested amending the UGB to be coterminous with the existing General Plan “Planning Study Area”. This would include large areas to the south and east of the current City limits. Staff was provided direction to reduce the size of the proposed UGB amendment to include the western hill only.

Staff held a series of meetings with interested property owners and property owner representatives with property in the western foothills. From those meetings, the attached maps were developed reflecting the areas proposed for inclusion in the proposed modified UGB created. Attachment 3 is a map that reflects Council direction.

Next Steps:

1. Seek and obtain funding contributions from property owners for sharing in the cost of placing a measure on the November 2024 ballot. The City would seek deposits from property owners to cover the costs. If the deposits exceed the costs, the City would refund any remaining amounts after the election has occurred. The City Council may direct what percentage of the estimated costs (or the entire estimated costs) shall be covered by the property owners, and whether or not for staff to cease work on this project until deposits are received.

2. Draft Potential Ballot Measure Language for Council Review and approval.

3. Adopt a Resolution to call and give Notice of the Holding of an Election on November 5, 2024, for Voter Consideration of a Ballot Measure modifying the boundary of the UGB on the ballot that would:
• Call and give notice of the holding of an election on Tuesday, November 5, 2024, to consider the proposed modification of the UGB;
• Order the submittal of a measure modifying the UGB to the Voters at the Election; • Request that the Sonoma County Board of Supervisors Consent to the Consolidation of this Election with the Statewide General Election to be held on the same date; and • Direct the Registrar of Voters to conduct the election.

July 24, 2024 is that last regularly scheduled Council meeting at which the Council could adopt the resolution in order to qualify for the November 5, 2024 election.

Additional Entitlements Required:

If a ballot initiative is approved by voters, it will represent the first step in a lengthy process in annexing the properties. If the ballot initiative to modify the UGB is approved by the voters, owners would be required to complete the annexation process including approval of amendment of the General Plan Land Use Designations and prezoning. This process involves several steps at the Planning Commission, City Council and Sonoma LAFCO. Further, property owners would be required to extend public improvements to serve their respective properties, i.e., water and wastewater, roads, and any other improvements. During this process, a CEQA analysis would also be completed, in conjunction with other city requirements including General Plan amendment, pre-zoning, annexation, use permits and improvement plans. 265
City Council/Successor Agency Agenda Item Summary
Meeting Date: March 27, 2024

Options:

1. Provide direction to City staff; or

2. Refer this matter to the Planning & Sustainability Subcommittee for further review and discussion.

Subcommittee Recommendation:

The proposed amendment of the Urban Growth Boundary was reviewed and discussed by the Planning & Sustainability Subcommittee.

Budget/Financial Impact:

The City of Cloverdale would incur expenses for the proposed placement of a ballot measure to seek voter approval to amend the UGB. The City Council provided direction to staff to seek developer deposit from the requesting parties to cover the expense of the placement of a ballot measure before the voters. The rough estimate of placing the measure on the ballot is $25,000. This estimate includes the costs charged by the County Registrar of Voters related to the ballot measure, the City Attorney’s time to prepare the ballot materials, and staff time. The City has requested but not received develop deposits at this time. In addition, the applicants would be required to enter into a reimbursement agreement to cover City expenses associated processing the requisite planning entitlements associated with the proposed amendment of the UGB and annexation of the subject properties affected by the proposed amendment. ________________________________________________________________________________________ Attachments:

1. Agenda Report - September 13, 2023

2. Agenda Report - October 25, 2023

3. UGB Amendment Maps
266
City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: Sept. 13, 2023
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.

Agenda Item Title:

Clear Water Ranch Urban Growth Boundary Ballot Initiative discussion and direction. ______________________________________________________________________________________ Recommended Council Action(s):

Provide direction to staff regarding a potential ballot initiative to amend the Urban Growth Boundary (UGB) to include the Clearwater Ranch property and one additional parcel. ________________________________________________________________________________________ Background:

Representatives from the Clearwater Ranch have approached the city about a possible annexation of their property to accommodate future expansion. Clearwater Ranch is a non-profit adult care facility established in 2018, located off Cherry Creek Road. The site is within the General Plan Study Area, but is outside the Urban Growth Boundary (UGB) approved by the voters in 2010 (Measure Q). Because Clearwater Ranch is in Sonoma County, city services are not available, leaving limited opportunities for expansion. However, City water and sewer service may not be provided to parcels outside of the UGB. For this reason, Clearwater Ranch is seeking to amend the UGB to include their property, and subsequently annex into the City. Properties requesting annexation must be within the UGB.

In addition to the Clearwater Ranch property, there is an adjacent parcel that would also need to be included in an expansion of the UGB and require annexation in order to avoid the creation of a county island. The Babu parcel comprises 15.42 acres and is situated between the city boundaries and the Clearwater Ranch parcel. Mr. Babu has indicated his desire to develop the parcel with a few houses, depending on lot lay out and topography. Generally, any development that might occur on the Babu property would take place along the eastern side of near the existing pond.

Clearwater Ranch:

The Clearwater Ranch is an 84-acre site that currently contains 5 large homes, 4 one-bedroom cabins (600 SF) a 3,500 SF community center, 4 auxiliary structures (laundry, rest rooms, office, storage) and a shallow swimming pool generally located on the western portion of the property, with a remainder left as open space.

Clearwater Ranch is seeking to expand as follows:

Future - Proposed Additional Housing/Construction
• Accessory dwelling unit (ADU) to house Community Manager • Multi Family Home (4-bedroom x 4-bedroom Duplex)
• Multi Family Home (4-bedroom x 4-bedroom Duplex)
• 4-bedroom home with addition of a JR. ADU (conversion of 2 staff rooms) • Duplex site for Multi Family Home (4-bedroom x 4-bedroom Duplex) to replace current manufactured rental home providing affordable housing for caregivers.

A total increase in bedrooms from 29 to 49 in 5 new structures. 267
City Council/Successor Agency Agenda Item Summary
Meeting Date: September 13, 2023

Pre-zoning for both the Clearwater Ranch property and the Babu parcel would be determined as part of annexation proceedings. Annexation proceedings would only occur after the UGB is adjusted. The UGB was adopted by the voters, and requires approval from the voters to change prior to 2030. Approval from the Sonoma County Local Agency Formation Commission (LAFCo) is not necessary to change the UGB. Annexation proceedings require LAFCo approval, but do no generally require voter approval. ______________________________________________________________________________________ Summary Analysis:

This section outlines some key points regarding a ballot initiative to amend the UGB, specifically a city sponsored ballot vs. an applicant sponsored ballot (requiring signatures). Staff is seeking direction from the Council on how to proceed with the ballot initiative.

City Sponsored Ballot Key Points:
• The city has more control over the ballot language, allowing more public input to address community and neighbor concerns.
• The ballot language can be amended up until close to election day, allowing for more time for public input.
• CEQA review required before Council can place measure on ballot, although it may be minimal depending on the scope of initiative.
• Similar cost to city sponsored ballot initiative (see Budget/Financial Impact below) Signature Ballot:
• Applicant required to gather signatures.
• Longer timeframe, with tighter timelines due to signature verification requirement. • Ballot initiative cannot be amended once signatures are gathered resulting in less flexibility. • CEQA is not required for placing measure on ballot, although subsequent actions, such pre-zoning and annexation would require CEQA review.
• Applicant controls the language and can define the scope of the project. Although staff believes the applicant would work with the city on the ballot language. • Similar cost to city sponsored ballot initiative (see Budget/Financial Impact below) Additional Entitlements Required:

If the ballot initiative is approved by voters, the project would be required to complete the annexation process. This involves several steps at the Planning Commission, City Council and Sonoma County LAFCO.

Further, the project would be required to complete improvements to service the site, i.e., water and wastewater, roads, and any other improvements. During this process, a CEQA analysis will be completed, in addition to other city requirements including General Plan amendment, pre-zoning, annexation, use permits and improvement plans.

Options for Council to Consider:

1. Advise applicant to pursue signature ballot initiative. This would require the drafting of the initiative and gathering of signatures.

2. Direct staff to begin process of preparing a city sponsored initiative. 268
City Council/Successor Agency Agenda Item Summary
Meeting Date: September 13, 2023

3. The Council may consider the option of comprehensively reviewing and amending the city’s current UGB, rather than addressing the two parcels only. The current UGB was passed by the voters in 2010 with an expiration of 2030. It may be worth considering renewal and amending the entire UGB as part of this initiative. If successful, it would increase the City’s influence on land use decisions on the western slope of the valley. Potentially opening the city to additional open space on the western side of the valley. This could occur by allowing a small amount of development, in accordance with General Plan parameters, in exchange for dedication of open space. ________________________________________________________________________________________ Options:

1. Provide direction to City staff.
________________________________________________________________________________________ Subcommittee Recommendation: Bring to Council for direction. _____________________________________________________________________________________ Budget/Financial Impact:

The County Registrar of Voters will charge the city for the cost of conducting the November 8, 2024 election.

The cost for the proposed Urban Growth Boundary amendment measure is estimated to be approximately $9,201 - $15,000, depending on the number of registered voters. The City is ultimately responsible for that cost even if the measure qualifies for the ballot through the signature gathering process. The cost range of the general election not including the ballot measure is $12,268 - $36,805. The total estimated cost of holding the election for both the general election (2 council seats) and a special ballot measure may be as high as $52,140. The Draft FY 2023/24 budget will include a line-item expenditure to the General Fund to cover the General Municipal Election and any ballot measures. Staff recommends that the Council direct staff to enter a reimbursement with the applicant to cover costs related to the ballot measure, including preparation of materials, staff time, CEQA review, and the charge imposed by the Register of Voters to ensure adequate funding is available to cover election expenses.
________________________________________________________________________________________ Attachments:

1. Presentation from Clearwater Ranch

2. Letter from Chief Jekins
269
City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: Oct. 25, 2023
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.

Rafeal Miranda, Associate Planner
Agenda Item Title:

Urban Growth Boundary Ballot Initiative discussion and direction. ______________________________________________________________________________________ Recommended Council Action(s):

Provide direction to staff regarding a potential ballot initiative to amend the Urban Growth Boundary (UGB) ________________________________________________________________________________________ Background:

At the September 13, 2023, meeting, the City Council provided direction to staff to bring back additional information regarding amending the city’s current UGB. This decision was made in part because amending the UGB could potentially increase the City’s influence on land use decisions on the western hillside and opening the city to additional open space.

The impetus for this discussion arose when representatives from the Clearwater Ranch approached the city about a possible annexation of their property to accommodate future expansion. Clearwater Ranch is a non-profit adult care facility established in 2018, located off Cherry Creek Road. The site is within the General Plan Study Area but is outside the Urban Growth Boundary (UGB) approved by the voters in 2010 (Measure Q). Because Clearwater Ranch is in Sonoma County, city services are not available, leaving limited opportunities for expansion. However, City water and sewer service for the most part cannot be provided to parcels outside of the UGB. For this reason, Clearwater Ranch is seeking to amend the UGB to include their property, and subsequently annexed into the City. Properties requesting annexation must be within the UGB.

In addition to the Clearwater Ranch property, there is an adjacent parcel that would also need to be included in an expansion of the UGB and require annexation to avoid the creation of a county island. The Babu parcel comprises 15.42 acres and is situated between the city boundaries and the Clearwater Ranch parcel. Mr. Babu has indicated his desire to develop the parcel with a few houses, depending on lot lay out and topography. Generally, any development that might occur on the Babu property would take place along the eastern side of near the existing pond.

During the UGB amendment discussion on September 13th the Council was presented with 3 options.

Option 3, explore the idea of expanding the UGB beyond the Clearwater Ranch to a larger geographic area was the direction provided to staff (see below for option 3 language). This also included the idea of extending the sunset date of the UGB beyond its 2030 expiration date.

3. The Council may consider the option of comprehensively reviewing and amending the city’s current UGB, rather than addressing the two parcels only. The current UGB was passed by the voters in 2010 with an expiration of 2030. It may be worth considering renewal and amending the entire UGB as part of this initiative. If successful, it would increase the City’s influence on land use decisions on the western 270
City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

slope of the valley. Potentially opening the city to additional open space on the western side of the valley. This could occur by allowing a small amount of development, in accordance with the General Plan parameters, in exchange for dedication of open space. ________________________________________________________________________________________ Discussion:

After a discussion and presentation by the Clearwater Ranch representatives, the Council had some questions, and directed staff to return. The section below encapsulates the questions asked by the Council and provides answers.

Q1 - Should the ballot initiative include an extension of the sunset date? The current UGB is set to expire on January 1, 2030. If the direction is to proceed with the ballot initiative, staff recommends including the extension of the UGB’s boundary for an additional 20 years.

Q2 - What are the implications of properties on the on the western hills? Given the western hills are currently under the jurisdiction of Sonoma County, the city has no jurisdiction over land use decisions. If a UGB ballot initiative was successful, the City would have more control over land use decisions in the western hills and areas to the south. This could occur by allowing a small amount of development, in accordance with the General Plan parameters, in exchange for dedication of open space.

Current County Zoning- The western hills are currently in the jurisdiction of County of Sonoma and are zoned RRD B8, RC50/50. The County RRD B8 RC 50/50 zoning allows more than 40 different land uses, ranging from agricultural to residential to recreational. Examples include a wholesale nursery, golf course, bed and breakfast, music and dance studio, educational institution, large/small family day care centers, etc.

Many of these uses would be subject to the availability of water and wastewater services, which would likely limit development potential.

Potential General Plan Land Use Designation and Zoning- Any area brought into Cloverdale’s UGB through a ballot initiative, would require a General Plan land use designation. This designation sets the stage for the eventual pre-zoning and zoning of the parcel if annexation is achieved. The likely General Plan land use designation would be Rural Residential (RR). The RR General Plan designation is a restrictive land use described in the table below. The Hillside Protection Section 18.09.040 would also apply to any development proposed on the western hillside.

The table below provides a side-by-side comparison of development standards under the current county zoning RRD B8 50/50 vs. potential City zoning RR. See attachment 1 for more zoning information. 271
City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

Table 1 - Comparison of development standards under the current county zoning RRD B8 50/50 vs. potential City RR zoning designation
Development Standards RRD B8 RC 50/50
County of Sonoma
RR
City of Cloverdale
Density
(maximum units per acre) 1-20 0.2
Minimum Lot Size 1-1.5 acres 30 acres
Minimum Lot Width 80’ 150’
Minimum Lot Depth n/a 100’
Front Setback (minimum) 20’ 35’
Side Setback 5’ 20’
Rear Setback 20’ 30’
Floor Area Ratio (maximum) n/a 0.4
Lot Coverage 35% n/a
Building Height
(maximum) 35’ 35’ or 2 stories, whichever is less
Accessory Building Height 35’ 14’
Distance Between Buildings n/a 10’
Q 3- What is the cost of a ballot initiative?
The County Registrar of Voters will charge the city for the cost of conducting the November 8, 2024, election. The cost for the proposed Urban Growth Boundary amendment measure is estimated to be approximately $9,201 - $15,000, depending on the number of registered voters. The City is ultimately responsible for that cost even if the measure qualifies for the ballot through the signature gathering process. The cost range of the general election not including the ballot measure is $12,268 - $36,805. The total estimated cost of holding the election for both the general election (2 council seats) and a special ballot measure may be as high as $52,140. The Draft FY 2023/24 budget will include a line-item expenditure to the General Fund to cover the General Municipal Election and any ballot measures. Staff recommends that the Council direct staff to enter a reimbursement with the applicant to cover costs related to the ballot measure, including preparation of materials, staff time, CEQA review, and the charge imposed by the Register of Voters to ensure adequate funding is available to cover election expenses.

We were informed that Sonoma LAFCO may need to conduct a Municipal Service Review (MSR) of the City prior to amendment of its UGB. LAFCO determined that, based on state law and Commission policy, they will need to conduct the MSR as the last one was approximately ten years ago. The estimated cost of the study is $20,000-25,000 applicants and/or the City would be required to pay the cost.

Staff discussed the idea of a cost sharing arrangement with some property owner who would be willing to contribute to the effort. Although we may receive some financial assistance, it is unclear how much. Other unknown costs would include the cost of conducting CEQA or other environmental review that may be required or needed.
272
City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

Q4 - Review the General Plan policies regarding the UGB and western hills.

Attachment 2 contains a complete list of General Plan Policies related to the UGB and western hills. Most notable is the number of exceptions that would allow development outside the current UGB. Any development eligible for an exception to the current UGB and requested City services, would require an outside service agreement approved by Sonoma County LAFCO. Some outside service area agreements are subject to LAFCO Commission review, and (2) review, process, and approve outside service area agreements not exempt under the provisions of Section 56133 of the Government Code to ensure that such agreements comply with those provisions and do not promote growth opportunities without appropriate oversight.

Below is a list of exceptions and policies related to development in the western hills outside the current UGB.

General Plan Land Use Element:
ii. Services may only be provided to land outside and adjacent to the western City limit/Urban Growth Boundary pursuant to this exception for the following land uses:
(a) residential development with a finished grade below the 550-foot elevation consistent with all of the land use requirements applicable to rural residential (R-R) zoning districts as defined in General Plan Exhibit 2-2, and providing that any grading will not be detrimental to the views from the valley floor. (b) development below the 400-foot elevation consistent with all of the land use requirements applicable to R-1 zoning districts within the City limit/Urban Growth Boundary.

Policy LU 3-2 Hillside areas are generally outside of the proposed Urban Growth Boundary, and any development shall conform to the Urban Growth Boundary requirements. Development shall not be allowed on hillsides outside the UGB, except as provided in General Plan Policy LU 3-1. Development on hillside areas within the UGB shall be consistent with the Conservation, Design and Open Space Element, to eliminate or minimize visual, access and lighting impacts in hillside areas, particularly in the western hillsides.

Policy LU 3-3 Maintain the compact form and natural setting of Cloverdale by protecting hillsides, protecting land outside the Urban Growth Boundary from urban development, and protecting Prime Farmland, Unique Farmland, and Farmland of Statewide Importance from urban development, with conditions that allow for economic and rational infill growth.

UGB Amendment:

Option 3 discussed above, as directed by the Council at their September 13th meeting, inquiries about amending the UGB behind what is being requested by the Clearwater Ranch. A possible amendment could be to move the UGB line to match the “Planning Area” line, see Attachment 3 for map. This amendment would encompass the entire western hillside and areas to the south. Increasing the UGB by this scope would provide the city with land use authority and control over land use around the edges of town. 273
City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

Additional Entitlements Required:

If the ballot initiative is approved by voters, the project would be required to complete the annexation process including approval of amendment of the General Plan Land Use Designations and prezoning. This involves several steps at the Planning Commission, City Council and Sonoma County LAFCO. Further, the project would require extension of public improvements to serve the site, i.e., water and wastewater, roads, and any other improvements. During this process, a CEQA analysis would also be completed, in conjunction with other city requirements including General Plan amendment, pre-zoning, annexation, use permits and improvement plans.
________________________________________________________________________________________ Options:

1. Provide direction to City staff; or

2. Refer this matter to the Planning & Sustainability Subcommittee for further review and discussion. ________________________________________________________________________________________ Subcommittee Recommendation:

The proposed amendment was reviewed by the Planning & Sustainability Subcommittee. The recommendation was to forward to Council for review direction. _____________________________________________________________________________________ Budget/Financial Impact:

The City of Cloverdale would incur expenses for the proposed placement of a ballot measure to seek voter approval to amend the UGB. The City Council provided direction to staff to seek a developer deposit from the requesting parties to cover the expense of the placement of a ballot measure before the voters. In addition, the Applicants would be required to enter into a reimbursement agreement to cover City expenses associated processing the requisite planning entitlements associated with the proposed amendment of the UGB and annexation of the subject properties affected by the proposed amendment. ________________________________________________________________________________________ Attachments:

1. Hillside Development Zoning Information

2. General Plan UGB Information

3. Proposed UGB Map

4. September 1, 2023 Agenda Report
274

SCHOOL ST

N CLOVERDALE BL

CROCKER R
KÍ D

CHERRY CREEK RD

ELBRIDGE AV

KELLY RD

ASTI RD

RIVER RD

PALOMINO
KÍ RD
Permit and Resource Management Department
2 5 5 0 V e n t u r a A v e n u e , S a n t a R o s a , C a l i f o r n i a 95403707-565-1900 FAX 707-565-1103

CITY OF CLOVERDALE
Ê
Access restrictions and legal prerequisites for accessing the data set apply to assurethe protection of privacy or intellectual property. Limitations on the data set includingthe copying, reproducing and /or transmitting of data by any means is prohibited without written permission from the Permit and Resource Management Department (PRMD),County of Sonoma, California. Use constraints, restrictions and legal prerequisites for using the data set, after access isgranted, include acknowledgment of this data as source. Access constraints applied to assure the protection of privacy or intellectual property.Technical assistance is not provided to the consumer by the PRMD for the use of this data. Information about the distributor of and options for obtaining the data set are to be directed toward PRMD. All distributions of data are copyrighted by the County of Sonoma, California. 0 2,500 1,250
Feet
Map Scale and Reproduction methods limit precision in physical features displayed. This map isfor illustrative purposes only, and is not suitable for parcel-specific decision making. The parcelscontained here-in are not intended to represent surveyed data. Site-specific studies are requiredto draw parcel-specific conclusions. Assessor's parcel data current as of 07/01/2012.For more current parcel data, consult the County of Sonoma Assessor's Office. 1:30,000
Author: PRMDCartography: Shelly L. Bianchi-WilliamsonFile No.: S:\GIS-DATA\PRMD_BASE\Index Maps\City of Cloverdale Urban Boundaries Index.mxdLAFCO Mtg. Date: July 2, 2014 Urban Boundary Data
City LimitSphere of Influence (SOI) Urban Growth (UGB)Urban Service Area (General Plan 2020)Proposed Urban Service Area Base Map Data
ParcelUS Federal HighwayState HighwayMain Arterial Street Notice:The Sonoma County Local Agency Formation Commission(LAFCO) adopted Resolution No. 2639, July 2, 2014, to amendthe City of Cloverdale's SOI to be coterminous with Cloverdale'sproposed General Plan urban service area (USA) boundary andcomplete the required 5 year Municipal Service Review. 275
276
277
278
279
Proposed UGB Amendment
Proposed
UGB
Current UGB
Sphere of
Influence
280
From: Melanie Bagby <[email protected]>
Sent: Tuesday, March 26, 2024 11:35:51 AM
To: Michael Maloney <[email protected]>
Subject: Council Report 3/14-3/27
3/15 Spoke at Hearn Avenue Overcrossing Groundbreaking event as Vice Chair of SCTA/RCPA, Santa Rosa
3/20 Attended SCTA Ad Hoc regarding pending regional transportation legislation via Zoom
3/20-22 Attended Cal Cities Policy Committee meeting, Burbank 3/27 Attended Generation Housing seminar on local housing, financing, and policy issues. Advanced Energy Center Santa Rosa
Best,
Melanie Bagby
Councilmember, City of Cloverdale
office (707) 893-7170 • [email protected]
281