Article 88. - General Use and Bulk Exceptions

Public Transmission and Utility Lines. Public utility, transmission and distribution lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of obtaining a use permit; provided, that the routes of all proposed transmission lines shall be submitted to the planning commission for review and recommendation prior to acquisition of rights of way therefore or application to the public utilities commission.

(b)

Natural Resource Development. The development of natural resources as used within this chapter shall not be construed to mean the drilling of wells or other development or improvements made for the production of water for domestic or irrigation purposes by a person or persons not engaged in the business of furnishing or developing water.

(c)

Manufactured Home Storage. Manufactured homes for which zoning clearance for residential use has not been issued and which are in excess of eight feet (8′) in width and thirty feet (30′) in length may not be stored on any lot in any district other than in the C3, M1 M2 and M3 districts in compliance with adopted regulations for such land use.

(d)

Christmas Tree Sales. Christmas tree sales may be permitted in the C, and M districts with a zoning permit provided, that the zoning permit is limited to a period not to exceed one month.

(e)

Landfill Operations. Zoning permits may be issued for landfill operations utilizing imported material in any district only when the project review and advisory committee is satisfied that there has been prior compliance with Article 1, Chapter 22; Chapter 7; Article 7, Chapter 11 of the Sonoma County Code and Chapter 70 of the Uniform Building Code, or similar superseding agency, and that the filling will not be detrimental to neighboring property.

(f)

Entertainment Establishments. No dance hall, road house, night club, commercial club or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred feet (200′) to the boundary of any residential district unless a use permit is first secured in each case.

No adult entertainment establishment shall be established except in the C3 (general commercial) district and except subject to the following limitations:

(1)

A minimum of one thousand feet (1,000′) from any other adult entertainment business;

(2)

A minimum of one thousand feet (1,000′) from any residential zoning district.

(g)

Minor Land Use Alterations; Grading within Waterways. Use permit procedures for minor land use alterations and additions or for grading and excavation within a waterway which is also exempt from Section 26A-3a(i) of the county surface mining ordinance may be waived when it is demonstrated to the satisfaction of the planning director that the addition/alteration will not be detrimental to the health, safety or welfare of adjacent land uses or properties or when such alterations are required by another public agency.

(Ord. No. 3436.)

(h)

Multifamily, Commercial and Industrial Uses within Cities' General Plan Boundaries. The board of supervisors finds and determines that cities have a special and important concern with respect to multifamily (fourplex or larger), commercial and industrial uses that might be established in unincorporated portions of the county that lie within the boundaries of the various city general plans. It is possible that cities will annex at least some of such property in the future. When annexed, the development then existing on such property should be consistent with the particular city's development plan for the area. The procedure established in this section is intended to protect the integrity of city general plans and to permit development that is consistent with the most appropriate development plan for the area involved.

When multifamily (fourplex or larger), commercial or industrial uses are permitted uses under the applicable zoning district regulations, no zoning permit or building permit for any of such uses shall be approved unless:

(1)

The planning director sends a written notice to the affected city stating "The Sonoma County Planning Department will issue a zoning permit for a (use) on this property if written appeal is not received within twenty (20) days from the date of this notice;" and

(2)

The affected city does not file a written appeal with the planning director requesting a hearing before the board of zoning adjustments within ten (10) days from the date notice is sent. In the event that the affected city does file a written appeal requesting a hearing before the board of zoning adjustments within the required time period, the board of zoning adjustments shall hold a hearing and the decision of the board of zoning adjustments shall be based on whether the use requested by the application will be consistent with the various elements and objectives of the general plan and will promote the public health, safety, comfort, convenience and general welfare. Notice shall be given in the manner set forth in Section 26-92-050(a). If an appeal is taken to the board of supervisors, the board's decision shall be governed by the same standard.

This subsection shall apply only if both of the following conditions are met:

(i)

The property is within an existing city public sewer service area as shown on the map attached to the ordinance codified in this chapter and on file in the public works department, or within an area projected to be served by public sewers by the Sonoma County local agency formation commission or within the area designated on those certain maps submitted by cities as growth areas and adopted from time to time by the board of supervisors entitled "City-County Permit Referral Maps;"

(ii)

The existing zoning and city general plan are not identical.

(i)

Outdoor Vendors. Outdoor vendors are authorized subject to the following standards:

(1)

All sales will take place at least twenty feet (20′) from the nearest property line, but in no case shall such sales take place within twenty feet (20′) from the edge of any road right-of-way.

(2)

Parking shall be designated for a minimum of three automobiles, located at least twenty feet (20′) off the public right-of-way or twenty feet (20′) from the front property line with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

(3)

No freestanding signs shall be allowed. Two attached signs shall be permitted no larger than sixteen (16) square feet each in area and not located within twenty feet (20′) of the public right-of-way.

(4)

The outdoor sales shall not be conducted in a manner so as to cause a traffic hazard to passing motorists due to poor visibility and/or inadequate sign distance for safe ingress and egress.

(5)

The area designated for outdoor vendor activities, excluding parking, shall not be greater than five hundred (500) square feet unless the board of zoning adjustments finds that a larger area so designated will not be detrimental to the health, safety or general welfare of persons residing or working the area.

(6)

The use permit shall remain in effect for a maximum of one (1) year, after which approval of a new use permit will be required to continue. The planning director or designee may issue the second and subsequent use permit without a public hearing based upon evidence submitted by the applicant that the operation was conducted in compliance with the conditions and provision of the previous use permit. Uses not authorized by a valid use permit will be subject to abatement proceedings.

(7)

All applicable permits from other county departments shall be obtained prior to operating the outdoor vendor business on the premises.

(Ord. No. 3348.)

(j)

Open Space Easements. The board of supervisors may require, on appeal or otherwise, and the planning commission or board of zoning adjustments may recommend, as a condition of approval of a development application, the dedication of an open space easement on all or a portion of the property to be developed. Applications for development shall include, but not be limited to, applications for general plan amendments, specific plan amendments, rezonings, major and minor subdivisions, use permits or precise development plans. Prior to requiring an open space easement or an offer of easement pursuant to this section, the board or commission shall make one of the findings set forth in subsections (j)(1) through (3) in addition to making the findings set forth in subsections (j)(4) and (5).

Open space easements exacted pursuant to this section may, at the discretion of the board or commission include, but not be limited to, any of the following:

(i)

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property;

(ii)

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure or vehicle intended for human occupancy or commercial purposes at the site;

(iii)

A prohibition of any act which will materially change the general topography or the natural form of the subject property;

(iv)

A prohibition on the division of the subject property into two or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition;

(v)

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in subsections (i) through (iv), inclusive including the right to prohibit entry thereon by unauthorized persons;

(vi)

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water;

(vii)

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice;

(viii)

A reservation of rights to the grantor to use and develop the subject property from time to time for agricultural purposes.

Open space easements exacted pursuant to this section shall run with the land and shall continue until such time as the board of supervisors, at its discretion, abandons the county's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the county to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq.

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources;

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare;

(5)

The acquisition of the scenic/open space easement is consistent with the general plan.

(Ord. No. 3606).

(k)

Reserved.

(l)
Seasonal farmworker housing shall meet the following standards:
(1)
Seasonal farmworker housing shall be located on parcels of one and one-half (1.5) acres or more having an agricultural or
                     resources and rural development general plan land use designation. Such parcels shall be owned by the applicant. If less than
                     ten (10) acres, such parcels shall be located within one (1) mile of a minimum of twenty (20) contiguous acres of land cultivated
                     and either owned or long term leased by the applicant.
                  
(2)
Seasonal farmworker housing shall be located on parcels having direct access to a county maintained road. If a private road
                     is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the
                     property owners entitled to use such road acknowledging and agreeing to the road's use as access for the seasonal farmworker
                     housing.
                  
(3)
Seasonal farmworker housing located on parcels of less than ten (10) acres shall house no more than nineteen (19) persons,
                     including a caretaker, at any time.
                  
(4)
Seasonal farmworker housing and support structures shall be set back a minimum of fifty-five feet (55′) from the center line
                     of any roadway, sixty feet (60′) from any other property line, forty feet (40′) from any other structure, and forty feet (40′)
                     from watering troughs, feed troughs and accessory buildings. Seasonal farmworker housing and support structures shall also
                     be set back seventy-five feet (75′) from barns, pens or similar quarters of livestock or poultry.
                  
(5)
Seasonal farmworker housing shall have off-street parking provided at a ratio of one (1) space per four (4) persons housed.
                     The parking does not need to be covered or paved, but may not be located within any scenic corridor setback unless screened
                     from public view by buildings, fences, landscaping or terrain features.
                  
(6)
Seasonal farmworker housing may be either one (1) or two (2) story structures.
(7)
Seasonal farmworker housing shall be occupied no more than one hundred eighty (180) days in any calendar year. The director
                     of environmental health may restrict the occupancy of seasonal farmworker housing to one hundred thirty-seven (137) days between
                     July 1st and November 15th in any calendar year for health and safety reasons.
                  
(8)
Seasonal farmworker housing having accommodations for at least six (6) persons may have a single caretaker unit per parcel
                     occupied year-round, provided year-round occupancy of the caretaker unit is authorized by the director of environmental health.
                  
(9)
Seasonal farmworker housing shall not be located within any floodway.
(10)
Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished
                     floor of the living quarters above the one hundred (100) year flood level, but may have a storage area before the living quarters.
                  
(11)
Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal
                     field at least one hundred feet (100′) removed from the ten (10) year flood elevation unless otherwise authorized by the director
                     of environmental health.
                  
(12)
Seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and
                     safety hazard.
                  
(13)
Prior to the issuance of a building permit for seasonal farmworker housing, the applicant shall place on file with the planning
                     department an affidavit that the seasonal farmworker housing will be used to house persons employed for agricultural purposes.
                     Further, a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and
                     traffic mitigation fees for the seasonal farmworker housing shall be waived unless and until the housing units are no longer
                     used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing
                     units are converted to some other use, the park and traffic mitigation fees existent at the time of conversion shall be immediately
                     due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance
                     with the provisions of this code and state laws in effect at the time of conversion.
                  

(m)

Tree Protection Ordinance.

General Provisions. Projects shall be designed to minimize the destruction of protected trees. With development permits, a site plan shall be submitted that depicts the location of all protected trees greater than nine inches (9″) and their protected perimeters in areas that will be impacted by the proposed development, such as the building envelopes, access roads, leachfields, etc. Lot line adjustments, zoning permits and agricultural uses are exempt from this requirement. The provisions of this section shall not apply to trees which are the subject of a valid timber harvesting permit approved by the state of California. This section shall not be applied in a manner that would reduce allowable density lower than that permitted as a result of C.E.Q.A. or by other county ordinances or render a property undevelopable. To achieve this end, adjustments may be made.

Agricultural uses exempt from the tree protection ordinance are as follows: the raising, feeding, maintaining and breeding of confined and unconfined farm animals, commercial aquaculture, commercial mushroom farming, wholesale nurseries, greenhouses, wineries and agricultural cultivation.

Construction Standards. Applicants are encouraged to use a qualified specialist to establish tree protection methods.

(1)

Protected trees, their protected perimeters and whether they are to be retained or removed are to be clearly shown on all improvement plans. A note shall be placed on the improvement plans that "Construction is subject to requirements established by Sonoma County to protect certain trees."

(2)

Before the start of any clearing, excavation, construction or other work on the site, every tree designated for protection on the approved site plan shall be clearly delineated with a substantial barrier (steel posts and barbed wire or chain link fencing) at the protected perimeter, or limits established during the permit process. The delineation markers shall remain in place for the duration of all work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any protected tree.

(3)

Where proposed development or other site work must encroach upon the protected perimeter of a protected tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients. Tree wells or other techniques may be used where advisable. No changes in existing ground level shall occur within the protected perimeter unless a drainage and aeration scheme approved by a certified arborist is utilized. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

(4)

No storage or dumping of oil, gasoline, chemicals or other substances that may be harmful to trees shall occur within the drip line of any tree, or any other location on the site from which such substances might enter the drip line.

(5)

If any damage to a protected tree should occur during or as a result of work on the site, the county shall be promptly notified of such damage. If a protected tree is damaged so that it cannot be preserved in a healthy state, the planning director shall require replacement in accordance with the arboreal value chart. If on-site replacement is not feasible, the applicant shall pay the in-lieu fee to the tree replacement fund.

(6)

The following design standards for protected trees shall be adhered to:

(i)

Underground trenching for utilities should avoid tree roots within the protected perimeter. If avoidance is impractical, tunnels should be made below major roots. If tunnels are impractical and cutting roots is required, it shall be done by hand-sawn cuts after hand digging trenches. Trenches should be consolidated to serve as many units as possible.

(ii)

Compaction within the drip line or protected perimeter shall be avoided.

(iii)

Paving with either concrete or asphalt over the protected perimeter should be avoided. If paving over the protected perimeter cannot be avoided, affected trees shall be treated as removed for purposes of calculating arboreal values.

(iv)

Wherever possible, septic systems and/or leachlines shall not be located on the uphill side of a protected tree.

(7)

Security posted for the purpose of insuring the proper construction of public or private improvements shall also include an amount sufficient to secure any requirements imposed pursuant to this section. In addition, security for potential tree damage shall be twenty-five percent (25%) of the amount posted for planned tree replacement. In lieu fees shall be paid prior to recording any maps. Such security shall not be released until protection requirements, including planting replacement trees, and any long term maintenance requirements have been satisfactorily discharged. The initial bond amount may be reduced to cover only the maintenance and replacement of trees after construction is completed.

(8)

The Valley Oak-Quercus lobata shall receive special consideration in the design review process to the extent that mature specimens shall be retained to the fullest extent feasible. Valley Oaks contribute greatly to Sonoma County's visual character, landscape and they provide important visual relief in urban settings. On existing parcels created without the benefit of an accompanying EIR, design review shall focus on the preservation of Valley Oaks to the fullest extent feasible. Where such preservation would render a lot unbuildable, partial protection with accompanying appropriate mitigations developed by a certified arborist shall be incorporated into the project design. In such cases where only partial protection can be achieved, full replacement in accordance with the arboreal value chart shall be required.

Arboreal Value Charts. One of the following charts is to be used for determining arboreal values. The applicant shall indicate at time of application which chart is to be used. Chart No. 1 requires analysis to be done only in the development areas (building envelopes, access roads, etc.) and requires one hundred percent (100%) replacement or in-lieu fees. Chart No. 2 requires analysis of the entire site but allows for removal of up to fifty percent (50%) of the arboreal value. Compensation for the loss of greater than fifty percent (50%) arboreal value will require replacement by using the chart.

Chart No. 1: To Be Used For Measuring Trees Removed Only in The Development Areas.

d.b.h.¹⁴⁶ (inches)	Removed Trees	Weighted Value	Arboreal Value
9-15		1
over 15-21		2
over 21-27		3
over 27-33		4
over 33		5

Total;#rule;

This value (the A.V.) is used to

calculate the replacement number.

* d.b.h. (diameter at breast height, four and one-half (4 ½) feet above ground) can be calculated by measuring the circumference of the tree and dividing by 3.14 or pi.

Chart No. 2 Complete Site Analysis.

To Be Used For Measuring Existing Trees On The Entire Site.

d.b.h.* (inches)	Existing Trees	Weighted Value	Existing Arboreal Value
9-15		1
over 15-21		2
over 21-27		3
over 27-33		4
over 33		5

Total;#rule;

To Be Used For Measuring Trees To Be Removed.

d.b.h.* (inches)	Removed Trees	Weighted Value	Removed Arboreal Value
9-15		1
over 15-21		2
over 21-27		3
over 27-33		4
over 33		5

Editor's note—* d.b.h. (diameter at breast height, four and one-half (4 ½) feet above ground) can be calculated by measuring the circumference of the tree and dividing by 3.14 or pi.

Total;#rule;

Subtract the removed arboreal value from the existing arboreal value. If the removed arboreal value is more than fifty percent (50%) of the existing arboreal value, the developer must replace the difference between removed arboreal value and fifty percent (50%) of existing arboreal value using the arboreal valuations.

Arboreal Valuations. All trees to be replaced shall be the same native species as that removed unless specific approval has been granted by the planning director.

1 point A.V.	= six 5-gallon trees (can be existing trees on site that are below 9″ d.b.h. if preservation methods are part of the development permit)
	= two 15-gallon trees**
	= $200 in-lieu fee***
2 points A.V.	= 24″ Box Tree**
	= $400 in-lieu fee***

Editor's note—** The large trees must come from nurseries where they have been irrigated.
They must have on-site irrigation to insure their survival.

Editor's note—*** Annual average retail cost can be changed to reflect cost increases.

Replacement trees may be located on residentially zoned parcels of at least one and one-half acres and on any commercial or industrial zoned parcel, regardless of size, where feasible. Where infeasible, they may be located on public lands or maintained private open space. In-lieu fees may be used to acquire and protect stands of native trees in preserves or place trees on public lands.

(n)

Area Design Review Committees. Where development is proposed on parcels which are subject to area design review committees which have been created by resolution of the board of supervisors, the following shall apply.

(1)

Prior to issuance of a building permit, the development plan will be reviewed and approved, conditionally approved, or denied by the planning director on the basis of site planning as it relates to designated open space or design policies of adopted general, specific or area plans or other such design criteria as may have been adopted by the board of supervisors.

(2)

Concurrent with the submittal of the development plan to the planning director, the owner shall submit the advisory recommendation of approval, conditional approval or denial of the local design review committee with jurisdiction over the parcel.

(3)

The planning director shall consider the advisory recommendation of the local design review committee but shall not be bound by it.

(4)

Decisions of the planning director approving, conditionally approving or denying a building permit pursuant to this section are appealable in accordance with Section 26-92-040.

(o)
Year-round Farmworker Housing. Year-round farmworker housing shall meet the following standards:
(1)
Year-round farmworker housing shall be located on parcels of ten (10) or more acres having an agricultural general plan land
                        use designation. Year-round farmworker housing may also be located on a parcel of ten (10) acres or more having a resources
                        and rural development general plan land use designation, provided the parcel is under Williamson Act contract.
                     

                        Notwithstanding the above, year-round farmworker housing may be located on a parcel five (5) acres or less pursuant to Government
                        Code Section 51230.2, when such farmworker housing otherwise meets the provisions of this subsection and the standards of
                        the underlying zoning district. Such parcels shall be owned or leased by the applicant, unless the parcel is being subdivided
                        pursuant to Government Code Section 51230.2 in which case it shall be owned by a public entity, or by a qualified non-profit
                        agency.
                        
                        
                     
(2)
Year-round farmworker housing shall be located on parcels having direct access to a county maintained road.

                        If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed
                        by all of the property owners entitled to use such road acknowledging and agreeing to the road's use as access for the year-round
                        farmworker housing.
                        
                        
                     
(3)
Year-round farmworker housing located on any parcel shall house no more than thirty-eight (38) persons at any time.
(4)
Year-round farmworker housing and support structures shall be set back a minimum of fifty-five feet (55′) from the centerline
                        of any roadway, sixty feet (60′) from any other property line, forty feet (40′) from any other structure, and forty feet (40′)
                        from watering troughs, feed troughs, and accessory buildings. Year-round farmworker housing and support structures shall also
                        be set back seventy-five feet (75′) from barns, pens or similar quarters of livestock or poultry. On parcels adjacent to a
                        residential zoning district, year-round farmworker housing shall be set back a minimum of five hundred feet (500′) from the
                        property line adjacent to the residential zoning district.
                     
(5)
Year-round farmworker housing shall have off-street parking provided at the ration of one (1) space per four (4) persons housed.
                        The parking does not need to be covered, but shall be screened from public view by buildings, fences, landscaping or terrain
                        features.
                     
(6)
Year-round farmworker housing may be either one (1) or two (2) story structures.
(7)
Year-round farmworker housing shall not be located within any floodway.
(8)
Year-round farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished
                        floor of the living quarters above the one hundred (100) year flood level, but may have a storage area below the living quarters.
                     
(9)
Year-round farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal
                        field at least one hundred feet (100′) removed from the ten (10) year flood elevation unless otherwise authorized by the director
                        of environmental health.
                     
(10)
Year-round farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health
                        and safety hazard.
                     
(11)
Prior to the issuance of a building permit for year-round farmworker housing, the applicant shall place on file with the planning
                        department an affidavit that the year-round farmworker housing will be used to house persons employed for agricultural purposes.
                        Further a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic
                        mitigation fees for the year-round farmworker housing shall be waived unless and until the housing units are no longer used
                        to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units
                        are converted to some other use the park and traffic mitigation fees existent at the time of conversion shall be immediately
                        due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance
                        with the provisions of this code and state laws in effect at the time of conversion.
                     

(p)
Residential use of a travel trailer or recreational vehicle shall meet the following standards:
(1)
Parcel shall be at least six thousand (6,000) square feet in size.
(2)
Use of the travel trailer or recreational vehicle shall be limited to residential use by (a) an ill, convalescent or otherwise
                        disabled friend or relative needing care from the occupant of the primary residence, or (b) a friend or relative providing
                        necessary care for an ill, convalescent or otherwise disabled occupant of the primary residence. The need for care shall be
                        documented by a letter from a physician.
                     
(3)
No more than two (2) people may occupy the travel trailer or recreational vehicle.
(4)
The temporary unit may only be placed on a legal parcel with an existing primary residence.
(5)
The temporary unit shall have an approved connection to the existing or expanded septic system or sanitary sewer system. The
                        unit shall also have an approved connection to the existing well or a public water system.
                     
(6)
The temporary unit shall meet zoning setback requirements, scenic resource (SR) requirements and, where applicable, have approval
                        from board or specific plan designated design review committees.
                     
(7)
The temporary unit must be currently licensed as required by the Vehicle Code of the state of California, have a valid state
                        insignia and remain in a mobile condition.
                     
(8)
The temporary unit shall not be considered a separate residential unit for the purpose of calculating development impact fees
                        (sewer system, park and traffic fees, etc.).
                     
(9)
The temporary unit shall not be rented, let or leased.
(10)
An administrative permit for residential use of a travel trailer or recreational vehicle shall be obtained. Such permits shall
                        expire one year from the date of issuance. Permits may be renewed annually. Permit and renewal applications shall be accompanied
                        by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth
                        in this subsection. Renewal applications shall be submitted prior to permit expiration and shall include an updated letter
                        from a physician.
                     
(11)
Within sixty (60) days of cessation of the residential use described in subsection (q)(2) of this section, all occupancy of
                        the unit shall cease and the unit shall be disconnected from all utilities and/or sewage disposal systems.
                     

(Ord. No. 5570 § 2, 2005; Ord. No. 5569 § 9, 2005; Ord. No. 5154 § 1(a), 1999; Ord. No. 5016 § 1(q), 1997; Ord. No. 4839 § 1(F), 1994; Ord. No. 4643, 1993.)

Sec. 26-88-020. - General lot area and width regulations and exemptions.

(a)

The use of land as permitted for the district in which it is located shall be permitted on a lot of less area or width than that required by the regulations for such district, unless the owner of such lot owns any contiguous lot, in which case such lots shall be treated as one lot; provided, however, that such lots shall not be treated as one (1) lot if any of the following four (4) conditions are met:

(1)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is served by public sewer and is at least five thousand (5,000) square feet in area;

(2)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is not served by public sewer and is at least twenty thousand (20,000) square feet in area;

(3)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to Williamson Act Agricultural Preserve Contract, and conforms to minimum income requirements set forth in the Agricultural Preserve Contract;

(4)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to timber preserve and is eighty (80) acres or larger.

(b)

For purposes of the section, "served by public sewer" means that a governmental agency providing sewer service states in writing and without qualification that it will provide sewer service to the subject property.

(c)

Contiguous parcels not conforming to subsections (a)(1), (2), (3) and (4) of this section may be merged into one (1) parcel subject to the provisions of Section 26-12-030 of the subdivision ordinance.

(Ord. No. 4643, 1993.)

Sec. 26-88-030. - General height regulations and exceptions.

(a)

In an AR, RR, R1, R2, R3 or K district, no fence shall hereinafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

(Ord. No. 4643, 1993; Ord. No. 3180, § VI.)

Sec. 26-88-040. - General yard regulations and exceptions.

(a)

In the case of a through lot abutting on two (2) streets, no building shall be located so as to encroach upon the front yard required on either street. This provision may be waived for swimming pools when it is demonstrated to the satisfaction of the planning director that the location will not be detrimental to the health, safety or welfare of adjacent land uses or properties. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 3932.)

(b)

Any dwelling use to be located in any C district shall provide front, side and rear yards as required in the R3 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.

(c)

Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the planning director shall make such determinations as necessary for the administration of this chapter.

(d)

In any case where an official plan line has been established as part of the street and highway plan, the required yards on the street side shall be measured from such official plan line, and in no case shall the provisions of this chapter be construed as permitting any structure to extend beyond any such official plan line.

(e)

In any case where a building setback line or building envelope has been established by a recorded parcel map, final subdivision map or a specific plan, and such setback is different from the setback required by the zoning district in which the parcel is located, the established building setback line cannot be waived by the planning director nor through a variance procedure.

(Ord. No. 3932.)

(f)

Protect and encourage agricultural production by establishing a buffer between agricultural production on lands either designated in one (1) of the three (3) agricultural land use categories in the general plan or lands included within the AR zoning district, where any such lands abut a nonagricultural land use conducted on land outside the three general plan land use categories. Generally, buffers shall be defined as a physical separation of one hundred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

Notwithstanding the provisions of Article 94 (nonconforming uses) where the imposition of the buffer creates a nonconforming condition, expansion or modification of such use may be permitted, provided that encroachment into the setback does not exceed that of the existing structure.

"Agricultural production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. No buffer or setback shall be created by the acquisition of a portion of a parcel devoted to an agricultural operation.

The provisions of this subsection (g) of this section shall only apply to discretionary permits which are either appealable pursuant to the chapter or over which the board of supervisors has original jurisdiction.

(g)

In any TP, LIA, LEA, DA, RRD, RRDWA, AR or RR district the required yard standards may be reduced when the planning director finds that such reduction(s) are appropriate in light of topography, vegetation or unique physical characteristics. In determining such findings, consideration will also be given to visibility from public roads and adjacent properties. Such reduction shall not result in a front yard of less than ten feet (10′) for any garage or carport opening. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 4643, 1993.)

Sec. 26-88-050. - Building lines.

(a)

Building lines may be established for the purpose of determining building locations. Such building lines shall be indicated on the zoning maps.

(b)

Building lines shall be measured from the property line or adopted plan lines and shall supersede the front yard setback requirements of the zoning district within which the particular parcel(s) is located.

(c)

Building lines shall be established in the manner provided by Article 94.

(Ord. No. 4643, 1993.)

Sec. 26-88-060. - Second dwelling units.

(a)

Purpose. This section implements the requirements of Government Code Section 65852.2 and the provisions of the general plan housing element that encourage the production of affordable housing by means of second dwelling units.

(b)

Applicability. Second dwelling units shall be permitted only in compliance with the requirements of this section, and all other requirements of the applicable zoning district, except as otherwise provided by this section, in the following agricultural and residential zoning districts: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture), RRD (Rural Resources and Development), AR (Agricultural Residential), RR (Rural Residential), R1 (Low Density Residential), and R2 (Medium Density Residential). Second dwelling units are prohibited in the Z (second dwelling unit exclusion) combining district.

(c)

Permit Requirements. A zoning permit (Section 26-92-170) shall be required for a second dwelling unit. Additionally, second dwelling units must comply with all other applicable building codes and requirements, including evidence of adequate septic capacity and water yield.

(d)

Use. Second dwelling units may not be sold separately from the main unit, but may be rented separately. Occupant(s) need not be related to the property owner. Units may not be rented on a transient occupancy basis (periods less than thirty (30) days).

(e)

Unit Type. A second dwelling unit may be attached or detached from the primary dwelling on the site. A detached second dwelling unit may also be a manufactured home on a permanent foundation, in compliance with Section 26-02-140.

(f)

Timing. A second dwelling unit allowed by this section may be constructed prior to, concurrently with, or after construction of the primary dwelling.

(g)

Density. As provided by Government Code Section 65852.2(b)(5), second dwelling units are exempt from the density limitations of the general plan, provided that no more than one (1) second dwelling unit may be located on any parcel. A second dwelling unit may not be located on any parcel already containing a dwelling unit that is non-conforming with respect to land use or density, or developed with a duplex, triplex, apartment or condominium.

(h)

Site Requirements.

(1)

Water Availability.

(i)

Except as provided in subsection (b) of this section, a second dwelling unit shall be permitted only in designated groundwater availability classification areas 1 or 2, or where public water is available.

(ii)

A second dwelling unit in a Class 3 groundwater availability area shall be permitted only if:

(A)

The domestic water source is located on the subject parcel, or a mutual water source is available; and

(B)

Groundwater yield is sufficient for the existing and proposed use, pursuant to Section 7-12 of this code.

(iii)

Second dwelling units shall not be established within designated Class 4 groundwater availability classification areas except where both requirements for Class 3 areas, above, are met and a groundwater report determines that there is no long-term or cumulative impact to groundwater resources. All applications for a zoning permit to allow a second dwelling unit within a Class 4 area shall be accompanied by a groundwater report containing information and analysis as specified by the director. Said report shall be prepared and certified by an appropriate licensed professional, specific for the subject site and the existing and proposed use, and the report must find and determine that:

(A)

Water yield will be sufficient year-round to serve both the primary and the secondary residential use; and

(B)

The establishment and continuation of the use will not result in significant impacts to local groundwater availability or yield, nor is it expected to have significant long-term or cumulative impacts.

(2)

Minimum Parcel Size.

(i)

A second dwelling unit shall be permitted only on parcels with a minimum gross lot area of at least two (2) acres, except as provided for below:

(A)

An exception will be made to permit an affordable second dwelling unit on a parcel with a minimum of 1.5 acres in gross lot area in designated Class 1 or 2 groundwater availability areas, provided that an affordable housing agreement pursuant to Article 89 is executed and recorded, restricting the occupancy and rent of the subject unit to low- or very low-income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(B)

In designated urban service areas, where the parcel is served by public sewer, second dwelling units shall be permitted only on parcels with a minimum gross lot area of at least six thousand (6,000) square feet without restriction as to tenancy or affordability.

(C)

In designated urban service areas, where the parcel is served by public sewer, second dwelling units shall be permitted on parcels with a gross lot area of at least five thousand (5,000) square feet, provided that an affordable housing agreement pursuant to Article 89 is executed and recorded restricting the occupancy and rent of the subject unit to low- or very low-income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(i)

Design and Development Standards.

(1)

Height. In designated urban service areas, a second dwelling unit shall not exceed sixteen feet (16′) in height except that where the unit is attached to the primary unit, or where the second dwelling unit is proposed to be located above a garage, carport or barn, the maximum height shall be that established for the primary dwelling in the underlying zoning district. In no case shall the provision of a second dwelling unit result in a substantial reduction in solar access to surrounding properties.

(2)

Design. The second dwelling unit shall be similar or compatible in character to the primary residence on the site and to the surrounding residences in terms of roof pitch, eaves, building materials, colors and landscaping. Second dwelling units shall also meet all standards set forth in any applicable combining district, specific plan or area plan, or local area development guidelines.

(3)

Size. A second unit shall not exceed eight hundred forty (840) square feet in floor area. When the second dwelling unit is provided as an affordable rental unit, the size limit shall be one thousand (1,000) square feet so long as an affordable housing agreement pursuant to Article 89 is first executed and recorded, restricting the occupancy and rent for the subject unit to low- or very low-income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(i)

Calculating the Size of Second Dwelling Units. Floor area shall be calculated by measuring the exterior perimeter of the second dwelling unit and the length of any common walls. In the case of straw bale or similar construction, floor area may be calculated using interior dimensions. Any storage space or enclosed areas attached to the second dwelling unit shall be included in the size calculation, except: a) a garage, as described in subsection (i)(3)(ii) of this section; or b) where the second dwelling unit is constructed over or attached to an unconditioned accessory structure, as described in subsection (i)(3)(iii) of this section.

(ii)

Allowable Garage Area. An attached garage up to four hundred (400) square feet in unconditioned floor area shall be permitted for a second dwelling unit provided that all required setbacks are met. An attached garage of up to five hundred (500) square feet shall be permitted if an affordable housing agreement pursuant to Article 89 is recorded restricting the rent to low- or very low-income households for a period of at least thirty (30) years. No conditioned space shall be allowed within the garage area. An interior access door between the attached garage and the second dwelling unit may be provided. A deed restriction shall be recorded limiting the floor area of the second dwelling unit to eight hundred forty (840) square feet, and declaring that no portion of the attached garage or barn area is to be utilized as a part of the conditioned residential space.

(iii)

Units Attached to Accessory Structures. A second dwelling unit may be located above or attached to a barn or other unconditioned, unfinished accessory structure of greater than four hundred (400) square feet only where the accessory structure serves the primary residential or agricultural use of the property. In such cases, access to the second dwelling unit shall be provided by an exterior entrance only. An interior access door between the attached structure and the second unit is prohibited. A deed restriction shall be recorded limiting the floor area of the second dwelling unit to eight hundred forty (840) square feet, and declaring that no additional portion of the structure may be converted or utilized as a part of the conditioned or habitable space.

(4)

Lot Coverage Limitation. The total lot coverage for parcels developed with a second dwelling unit shall not exceed that allowed within the applicable zoning district in which the parcel is located.

(5)

Setback and Location Requirements.

(i)

A second dwelling unit and any attached or detached garage must comply with the setback requirements of the applicable zoning district in which the second dwelling unit is located, except that the rear yard setback for second dwelling units located in urban service areas within zone districts RR, R1 and R2 shall be reduced to five feet (5′). In the case of an existing legal structure that is nonconforming with respect to setbacks, yard requirements may be reduced through use permit approval in order to allow the legal conversion of the existing structure for use as a second dwelling unit.

(ii)

In the case of a second dwelling unit in a rural zone district that is located more than one hundred feet (100′) from the primary dwelling, the second dwelling unit shall maintain minimum front, rear and side setbacks of sixty feet (60′), unless otherwise provided through use permit.

(6)

Access and Parking Requirements.

(i)

Driveway Access. Both the primary unit and the second dwelling unit shall be served by one common, all-weather surface access driveway with a minimum width of twelve feet (12′), connecting the second dwelling unit to a public or private road. The requirement for a single driveway connection may be waived in each of the following instances if the director determines that the waiver of the requirement would not be detrimental to the public health, safety or general welfare:

(A)

Where an applicant seeks to convert an existing structure to use as a second dwelling unit, and that structure was served by an access driveway separate from the primary dwelling; or

(B)

Where the applicant can show that there are already two (2) legally established access driveways to the parcel that are available to serve the primary and secondary dwelling units separately; or

(C)

Where the parcel is split by a public or private road, or where the parcel has frontage on two (2) roads (public or private); or

(D)

Where the applicant demonstrates an alternative access design that provides an overall reduction in the expanse of driveway area is preferable.

(ii)

Parking Required. One (1) off-street parking space with an all-weather surface shall be provided for the exclusive use of the second dwelling unit, in addition to the parking that is required for the primary dwelling. The parking space for the second dwelling unit may not be provided within a required front yard setback.

(iii)

Surfaces. Wherever feasible, the use of permeable surfaces for parking, driveway and walkway areas is strongly encouraged.

(Ord. No. 5711 § 3 (Exh. B), 2007; Ord. No. 5569 § 3, 2005: Ord. No. 5429 § 6, 2003.)

Sec. 26-88-070. - Recycling collection and processing facilities.

The criteria and standards for recycling collection and processing facilities are as follows:

(a)

Permits Required.

(1)

No person shall place or permit placement, construction or operation of any recycling facility, including reverse vending machine, large or small collection facility, or light or heavy processing facility without first obtaining a use permit or design review approval pursuant to the provisions set forth in this section. Subject to the restrictions and requirements of this section, recycling collection and processing facilities may be permitted as set forth in the following table:

Type of Facility	Zones Permitted	Permit Required
Reverse vending machine	LC, C1, C2, C3, PF, RC, M1, M2, M3, PC	Administrative design review
Small collection facility	LC, C1, C2, C3, PF, RC, M1, M2, M3, PC	Administrative design review
Large collection facility	C3, M1, M2, M3	Use permit
Light processing facility	C3, M1, M2, M3	Use permit
Heavy processing facility	M2	Use permit

(2)

A planned community (PC) district may expressly permit or prohibit recycling facilities. Where a PC district does not specifically address such facilities but allows uses permitted in the C1, LC, RC, C2, C3, PF, M1, M2 districts, reverse vending machines and small collection facilities may be permitted with an administrative design review permit.

(3)

A single administrative design review permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, pursuant to the following criteria:

(i)

The operator of each of the proposed facilities is the same;

(ii)

The proposed facilities are determined by the director of planning to be similar in nature, size and intensity of activity;

(iii)

All of the applicable criteria and standards set forth in this section are complied with.

(b)
Reverse Vending Machines. Reverse vending machines shall meet the following conditions:
(1)
Shall be established in conjunction with a commercial use, industrial or public facility use, which is in compliance with
                        all chapters of the codes of the county of Sonoma including but not limited to Sonoma County fire code, Uniform Building Code
                        and zoning ordinance;
                     
(2)
Shall, when associated with a commercial or industrial use, be located within thirty feet (30′) of the entrance to the primary
                        use and shall not obstruct pedestrian or vehicular circulation;
                     
(3)
Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered;
(4)
Shall be clearly marked to identify the type of material to be deposited;
(5)
Shall have a sign area of a maximum of four (4) square feet and sign(s) shall be attached to the machine;
(6)
Shall be no more than eighty (80) cubic feet in bulk and no more than eight feet (8′) in height per machine;
(7)
The operator of the reverse vending machine and the operator of the primary use, on a daily basis, shall remove any and all
                        recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines;
                     
(8)
Reverse vending machines located within a structure in which the primary use is located shall not require any permits under
                        this section;
                     
(9)
Where a reverse vending machine is located nearer than fifty feet (50′) to a residential property, structure barriers shall
                        be provided to reduce noise impacts;
                     
(10)
Reverse vending machine operation may be limited to the hours of operation of the host use.

(c)
Small Collection Facilities. Small collection facilities shall meet the following conditions:
(1)
Shall be established in conjunction with a commercial use, industrial use institutional or community facility public facility
                        use which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to the Sonoma
                        County fire code, Uniform Building Code and zoning ordinance;
                     
(2)
Containers shall be constructed and maintained with durable waterproof, rustproof and fire resistant material and shall be
                        covered at all times when not attended;
                     
(3)
Containers shall be clearly marked to identify the type of recyclable materials which may be deposited. A sign shall be displayed
                        stating that no materials shall be left outside designated containers;
                     
(4)
Facilities shall be clearly marked to identify the name and telephone number of the facility operator;
(5)
The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;
(6)
The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any
                        loading facilities;
                     
(7)
The facility shall be set back at least twenty feet (20′) from any street or right-of-way;
(8)
The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto;
(9)
The noise level for the collection facility shall not at any time exceed fifty-five (55) dBA as measured at the property line
                        of any residentially zoned or residentially used property, and shall not exceed sixty-five (65) dBA;
                     
(10)
The facility shall not include power-drive sorting and/or consolidation equipment such as crushers, balers or bulk reverse
                        vending machines;
                     
(11)
Signs may be provided as follows:
(i)
Maximum sign area shall be four (4) square feet,
(ii)
No illuminated signs, and
(iii)
Signs must be consistent with the character of the location;
(12)
Use of the facility for collection or disposal of refuse or hazardous material is prohibited;
(13)
The facility shall be removed from the site no later than the date following expiration of the zoning permit for the primary
                        use of the property or the state certification permit, whichever expires earlier;
                     
(14)
The facility shall be in operation only during the hours of operation of the primary use, unless permission is otherwise given
                        by the operator of primary use;
                     
(15)
The facility shall conform to all development regulations for the zoning district in which it is located;
(16)
The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum
                        number required for the primary use unless all of the following conditions exist:
                     

                        If the conditions set forth in subsections (c)(16)(i) through (iii) of this section exist, a reduction in available parking
                        spaces in an established parking facility may then be allowed as follows:
                        
                        
                     

                        For a priority commercial or industrial host use:
                        
                        
                        
                        
                        
                        

                              
                                 
                                 
                                       Number of Available Parking Spaces
                                       Maximum Reduction
                                    

                                       0-25
                                       0
                                    

                                       26-35
                                       2
                                    

                                       36-49
                                       3
                                    

                                       50-99
                                       4
                                    

                                       100+
                                       5
                                    

                              
                           

                        For a primary institutional use. A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs
                        of the primary use;
                        
                        
                     
(i)
The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of
                           Conservation,
                        
(ii)
A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility
                           will be on the site,
                        
(iii)
The use permit or design review approval will be reconsidered at the end of eighteen (18) months.
(17)
The facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or
                        is deposited outside the containers, bins or enclosures intended as receptacles for such materials;
                     
(18)
Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to all types
                        of beverage and food containers made from aluminum, nonaluminum metal, glass and plastic, and in appropriate circumstances
                        the county may require collection of all types of recyclable materials as a condition of design review approval. Small collection
                        facilities may collect newspapers and cardboard in containers constructed of nonflammable materials.
                     

(d)
Large Collection Facilities. Large collection facilities shall meet the following conditions:
(1)
The facility will be screened from the public right-of-way and adjacent properties zoned, planned or used for residential
                        purposes by operating in an enclosed building or:
                     
(i)
Will be located within an area enclosed by an opaque fence at least six feet (6′) in height with landscaping;
(ii)
Will meet all the noise standards set forth in subsection (d)(7) of this section.
(2)
Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.
(3)
Materials stored outside shall be bailed, palletized, densified or in sturdy containers maintained in good condition. Storage
                        containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved
                        by the fire district, California Department of Forestry and the Sonoma County public health department. No storage, excluding
                        truck trailers and overseas containers, will be visible above the height of the fencing.
                     
(4)
The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily
                        basis.
                     
(5)
Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate
                        and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six
                        (6) vehicles is compatible with surrounding businesses and public safety.
                     
(6)
In addition to the parking spaces required in subsection (d)(5) of this section, one (1) parking space will be provided for
                        each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except
                        that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as
                        when employees are transported in a company vehicle to a work facility.
                     
(7)
Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property,
                        and shall not otherwise exceed seventy (70) dBA.
                     
(8)
If the facility is located where it abuts property zoned, planned or occupied for residential use, it shall not be in operation
                        between 7:00 p.m. and 7:00 a.m.
                     
(9)
Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied
                        for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials
                        collected, and shall be secure from unauthorized entry or removal of materials.
                     
(10)
Unattended donation areas will be kept free of litter and any other undesirable material and the containers will be clearly
                        marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material
                        shall be left outside the recycling containers.
                     
(11)
The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification
                        and informational signs will meet the standards of the zone. Directional signs, bearing no advertising message, may be installed
                        with the approval of the planning director, if necessary to facilitate traffic circulation or if the facility is not visible
                        from the public right-of-way.
                     
(12)
Power-drive processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light processing
                        activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process
                        where noise standards can be shown to be complied with.
                     
(13)
Other conditions may be required in connection with the use permit process.

(e)
Light and Heavy Processing Facilities. A light or heavy processing operation shall meet the following conditions:
(1)
The facility shall be screened from the public right-of-way and adjacent properties zoned, planned or occupied for residential
                        use.
                     
(2)
Processors will operate in a wholly enclosed building except for incidental storage, or shall operate within an area enclosed
                        on all sides by an opaque fence or wall not less than eight feet (8′) in height and landscaped on all street frontages.
                     
(3)
Power-drive processing shall be permitted, provided noise level requirements of subsection (e)(11) of this section are met.
                        Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated
                        recyclable materials and repairing of reusable materials.
                     
(4)
A light processing facility shall be no larger than forty-five thousand (45,000) square feet and may not shred, compact or
                        bale ferrous metals other than food and beverage containers.
                     
(5)
A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the
                        California Health and Safety Code.
                     
(6)
Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.
(7)
Materials stored outside shall be baled, palletized, densified or shall be in sturdy containers maintained in good condition.
                        Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers
                        approved by the local fire district, Department of Forestry and Department of Public Health. No storage excluding truck trailers
                        and overseas containers will be visible above the height of the fencing.
                     
(8)
The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily
                        basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.
                     
(9)
Parking space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable
                        materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where
                        the planning director determines that a lesser amount is surrounding business and public safety.
                     
(10)
In addition to the parking required by subsection (e)(g) of this section, one (1) parking space will be provided for each
                        commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which
                        the facility is located.
                     
(11)
Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property,
                        and shall not exceed seventy (70) dBA.
                     
(12)
If the facility is located within five hundred feet (500′) of property zoned or planned or occupied for residential use, it
                        shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the
                        hours the facility is open.
                     
(13)
Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied
                        for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials
                        collected, and shall be secure from unauthorized entry or removal of materials.
                     
(14)
Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to
                        identify the type of material that may be deposited.
                     
(15)
Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility
                        will be clearly marked with the name and phone number of the facility operator and the hours of operation.
                     
(16)
No dust, fumes, smoke, vibration or odor above ambient level shall intrude on neighboring properties.
(17)
Other conditions may be required as part of the use permit process.

(Ord. No. 4643, 1993.)

Sec. 26-88-080. - Large family day care.

(a)

Performance Standards. Any applicant for large family day care shall provide evidence to the planning director at the time of application for a zoning permit of conformance to the following standards:

(1)

Application. An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the planning department to process the application.

(2)

Fencing. Any front side or rear yard areas intended for day care use shall be surrounded by a barrier to separate the children from neighboring properties. Examples of acceptable barriers include hedgerows, chainlink or wood fences, walls and the like. Fences shall be installed to protect the children from possible hazards (e.g., swimming pools, ravines, vicious animals, etc.) according to state Social Services licensing provisions. The application shall state the type of barrier proposed and the area to be fenced.

(3)

Health and Safety Codes. Proposed day care homes shall comply with applicable building and fire code provision, with the applicable building codes, health codes, fire code standards adopted by the state and administered by the county fire marshal, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2).

(4)

Spacing and Concentration. Properties used for large family day care homes may be located closer than three hundred feet (300′) from one another in all directions unless there is an appeal from a neighbor. In no case shall a residential property be directly abutted by large family day care on two (2) or more sides.

(5)

Noise. Noise emanating from a large family day care home or child care facility site shall not exceed sixty (60) decibels on the A scale measured at the property line. A noise wall or other sound attenuating device may be required to insure that this level of noise is not exceeded.

(6)

Circulation. Residences located on arterial streets (as shown on the general plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. An accurate circulation plan, including parking, circulation and drop-off areas, shall be included with the application.

(7)

Parking. All dwellings used for large family day care facilities shall provide at least three (3) automobile parking spaces. These may include spaces already provided to fulfill residential parking requirements and on-street parking so long as it abuts the site.

(8)

Review and Enforcement.

(i)

One (1) Year Review. The zoning permit for large family day care shall be reviewed after one (1) year by the director to identify and achieve mitigation of any adverse conditions related to the day care activities conformance to these Zoning Ordinance regulations. The director may mitigate problems related to noise, traffic, parking and code violations by imposing new conditions, such as limiting hours of operation, requiring installation of solid fencing, subsequent or periodic review, etc. at his/her discretion. The director shall give notice of this review to owners and residents of property within one hundred feet (100′) of the large family day care to allow at least ten (10) days for comment.

(b)
Procedure for Application for Large Family Day Care.
(1)
An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the planning
                     department. Large family day care is exempt from CEQA.
                  
(2)
After the application is submitted, it will be referred to all interested agencies.
(3)
At least ten (10) days prior to the date upon which the zoning permit would be issued, the planning department shall mail
                     notice of the application to all property owners within one hundred feet (100′) of the subject property and shall post a notice
                     on the property for at least ten (10) days indicating the applicant's intent to locate a large family day care on the property.
                     The written notice which is mailed and posted shall state that the county intends to issue a zoning permit on the property
                     unless a written protest is received by the planning department within the ten (10) day period.
                  
(4)
If no written protest and fee is received within the ten (10) day period, the planning department may issue a zoning permit
                     for the day care, subject to the adopted standards.
                  
(5)
If a written protest is filed within ten (10) days of posting or publication, it must be accompanied by a fee in an amount
                     set by resolution of the board of supervisors. The only grounds for a written protest shall be that the proposed family day
                     care does not meet the criteria set forth in this section.
                  
(6)
If a written protest on proper grounds and fee is received within the ten (10) day period, the planning department will schedule
                     a hearing on the proposed large family day care before the board of zoning adjustments. The board of zoning adjustments will
                     determine whether the proposed day care meets the criteria set forth in this section.
                  
(7)
Decisions of the board of zoning adjustments are appealable to the board of supervisors within twelve (12) days from the date
                     of the board of zoning adjustment's action. Appeals shall be accompanied by a fee to be set by resolution of the board of
                     supervisors. The board of supervisors shall hear the matter de novo.
                  
(8)
If the day care application is appealed to the board of zoning adjustments or the board of supervisors, the appropriate board
                     may approve, or deny or conditionally approve the permit based on the criteria set forth in this section.
                  
(9)
Operators of existing large family day care homes shall have twelve (12) months after adoption of the ordinance codified in
                     this chapter in which to apply for a zoning permit, thereby establishing the use as a legal day care facility. A fee shall
                     be required for the zoning permit, but posting and standards shall be waived.
                  

(Ord. No. 4643, 1993.)

Sec. 26-88-090. - Manufactured homes placed on permanent foundations.

(a)

Purpose. To increase the supply of housing and variety of housing types available to the public by establishing a method for placement of manufactured homes on permanent foundations on individual lots, while architecturally integrating the mobile home into the surrounding neighborhood.

(b)

Application. One (1) manufactured home per lot is permitted pursuant to subsection (c) of this section, wherever the single-family dwelling is permitted, provided that no other residential structures exist on the property. Additional manufactured homes, or manufactured homes which constitute additional residential units, may be permitted pursuant to this section where additional single-family dwellings are permitted, subject to obtaining a use permit or use permit waiver.

The provisions of this section shall not apply to the J (manufactured home exclusion) or HD (historic combining) districts, nor shall these provisions apply to manufactured homes used to house full-time agricultural employees where not placed on a permanent foundation. Manufactured homes in the SD combining district will require design review.

(c)

General Requirements.

(1)

Effect of Locating a Manufactured Home on a Permanent Foundation System. A manufactured home which has been placed on a single lot and on a permanent foundation system pursuant to this section shall be deemed to be a single-family dwelling, and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

(2)

Construction Standards. A manufactured home shall not be located on a permanent foundation system on a single lot unless:

(i) (A)

It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; or

(B)

It is factory-built housing as defined in California Health and Safety Code Section 19971; and

(ii)

It has not been altered in violation of applicable codes.

(Ord. No. 2985, § 2.)

(d)

Criteria. In the LIA, LEA, DA, RRD, RRDWA, TP, RR, AR, R1, R2, R3 and PC districts, manufactured homes placed on permanent foundations shall:

(1)

Be occupied only as a residential use type in compliance with all applicable regulations;

(2)

Be subject to all provisions of this chapter applicable to residential structures;

(3)

Have a minimum width of twelve feet (12′), not including "expander";

(4)

Be covered with an exterior material (including wood, stucco, masonite and horizontal "lap" siding) customarily used on conventional dwellings and approved by the planning director. The exterior covering materials shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering materials need not extend more than six inches (6″) above finished grade;

(5)

Have a roof with a pitch of not less than three inches (3″) vertical rise for each twelve inches (12″) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the planning director;

(6)

Have eaves of a conventional design.

(Ord. No. 2985, § 2.)

(e)

Installation of Manufactured Home.

(1)

Surrender of Registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to Section 18550(b) of the Health and Safety Code.

(2)

Compliance. The directors of building and planning shall determine that the project is in compliance with all requirements and conditions of the building permit prior to issuing final approval for occupancy.

(3)

Building Permit. Prior to installation of a manufactured home on a permanent foundation system the manufactured home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

(Ord. No. 4643, 1993.)

Sec. 26-88-100. - Mobile home park standards.

(a)

Design and Development Standards. All mobile home parks where approved by a use permit in the R1, R2, R3 or PC district shall be developed in conformance with the minimum design and improvement standards in this section.

(b)

Design Review. All mobile home parks shall be subject to design review in accordance with Article 82.

(c)

Submittal of Plans. Development plans shall be submitted to the director at least ten (10) days prior to application for those permits required by Section 18500 of the Health and Safety Code or its successors, and any other pertinent permit requirements of the county and the Department of Housing and Community Development of the state.

Detailed drainage plans shall be submitted to and approved by the county water agency.

(Ord. No. 1928.)

(d)

Expansion and Staged Development. Development may be in stages so long as each stage meets the minimum standards of this section.

(e)

Density. The maximum permitted residential density for a mobile home park shall be one hundred thirty-five percent (135%) of the density established on the zoning map.

(f)

Park Area. No mobile home park shall be less than three (3) acres in area within the R1 Low Density Residential Zone District, or less than two (2) acres in area within the R2 Medium Density Residential and R3 High Density Residential Zones.

(g)

Setbacks. All structures and mobile homes shall maintain setbacks from the exterior property lines of the mobile home park in accordance with the regulations of the applicable zoning district; provided, however, that a setback of at least twenty feet (20′) shall be maintained from all exterior public roadways, so as to allow for fencing and landscaping in accordance with subsection (p) of this section.

(h)

Parking. Mobile home parks shall provide parking pursuant to Article 86, Parking. At least one (1) guest parking space shall be provided within a designated guest parking bay for every three (3) mobile homes. Guest parking shall be dispersed in parking bays throughout the development, and shall be in addition to the parking requirement which may be made for a community or recreational building commonly open to visitors. Where the interior streets of a mobile home park do not allow for parking on both sides, scattered parking bays of a minimum nine feet (9′) depth and containing from three (3) to five (5) visitor parking spaces are required to meet fire safe accessibility standards.

(i)

Recreational Space. Each mobile home park shall provide recreational space in accordance with applicable zoning district regulations for residential developments of similar size. Such recreation space may be provided as outdoor or indoor space, and may include such facilities as community swimming pools and other active recreational facilities, common landscaped and accessible walkways, developed recreational trails, parcourses, play areas and picnic areas, and indoor community gathering facilities. In no case shall credit toward the required minimum recreational area be granted for roadways, fire lanes, or parking areas. Recreation space design and location shall be approved by the director.

(j)

Utilities. All utility distribution facilities, including but not limited to electric, communication and cable television lines, installed in and for the purpose of supplying service to any mobile home park shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(k)

Storage Facilities and Garbage Collection. A minimum three-foot (3′) by five-foot (5′) by five-foot (5′) cabinet for storage shall be provided within the rear yard, or within the rear half of a side yard, on each site. Adequate trash enclosures and facilities for park residents which allow for the source separation and collection of household recycling and garbage collection shall be provided to the satisfaction of the director.

(l)

Accessory Uses. Accessory uses are those uses that are incidental to the original use, exist for the sole purpose of service to residents, are customarily found in multiple-family development, and do not alter the character of the original use. Any structure used for an accessory use shall meet all requirements for a main structure. Allowable accessory uses include vending machines, a common car wash, storage area for travel trailers and boats, a management facility, recreational facility, and other uses which in the opinion of the director are of a similar nature.

(m)

Occupancy of Recreational Vehicles (Travel Trailers). In the R2 or R3 zoning districts, and where allowed by the HCD license and the use permit, short-term overnight use of recreational vehicles may be permitted where adequate sewer and water hook-ups, parking capacity, and compliance with all applicable health and safety and building codes can be shown. In each case, such proposed use shall be included in the application for use permit so that compatibility may be reviewed. All such recreational vehicle spaces shall be designated on the development plan and shall be separated from permanent mobile home spaces. Overnight use of recreational vehicles or travel trailers in mobile home parks located within the R1 or PC zoning districts is prohibited.

(n)

Storage of RVs, Boats, Recreational Vehicles and Travel Trailers. In the R2 or R3 zoning districts, the storage of RVs, boats and travel trailers owned by permanent park residents may be permitted with a use permit. Any areas proposed for the storage of recreational vehicles (RVs, boats, and/or travel trailers) owned by permanent park residents shall be shown on the development plan. The storage area shall be fully screened, shall have no public access, shall allow only limited access by park residents, and shall be fenced and otherwise secured at all times.

(o)

Walls, Fences, etc. A six-foot (6′) wall, fence or landscape screen may be required along all perimeter boundaries of the mobile home park. The decision making body shall make a determination on the requirement for this fence on the basis of aesthetics and compatibility with surrounding proposed and existing development. Where a screening wall is required along a public street, it shall be placed fifteen feet (15′) from the public right of way, in order to allow buffer landscaping to be placed outside of the fence and adjacent to the public street. Such wall or fence, if required, shall not be less than forty-two inches (42″) in height nor greater than six feet (6′) in height.

(p)

Landscaping. All open or common areas, excluding mobile home sites, shall be landscaped and maintained. At least forty percent (40%) of all the open or common areas shall be landscaped with live materials. Landscaping shall include planting of trees of a five (5) gallon size along all perimeter boundaries of the mobile home park, at a minimum planting rate of one (1) tree per mobile home site. Additional trees and more mature trees may be required where they are being utilized for screening, or in lieu of fencing development. Plans shall indicate the means of irrigation for all landscaped areas, including perimeter areas where trees or other screening landscape are provided.

(q)

Signs. One non-illuminated or indirectly illuminated detached appurtenant sign not exceeding ten feet (10′) in overall height or thirty-two (32) square feet in area shall be permitted for each mobile home park, and shall be integrated into the landscape with the location and elevation approved by the director.

(r)

Access. All entry streets shall be paved to a minimum of twenty-five feet (25′), and no parking shall be allowed within fifty feet (50′) of the intersection. All interior park streets shall be paved to a width of not less than twenty-two feet (22′) from shoulder to shoulder where no on-street parking is allowed. Interior streets shall be thirty-three feet (33′) in width if car parking is permitted on one (1) side, and forty-one feet (41′) in width if car parking is permitted on both sides.

(1)

No park entry road shall be located closer than one hundred feet (100′) to any public intersection unless authorized by the director of transportation and public works.

(2)

A "looped" system of narrower interior roadways is encouraged in lieu of cul-de-sac streets. Where they are allowed, cul-de-sac streets shall have a minimum outside turning radius of thirty-eight feet (38′).

(3)

All interior corners shall have a minimum fifteen-foot (15′) radii unless a reduced dimension is authorized by the director or the decision maker.

(4)

Curbs and gutters shall be installed on both sides of entry and access roads. The planning commission may approve alternate treatment for vehicular, pedestrian and bicycle circulation where appropriate in cases of extreme topography or low-density developments.

(5)

All streets shall be adequately lighted. The placement, style and height of all street lighting shall be subject to design review and shall generally not exceed a height of twelve feet (12′) along interior streets or sixteen feet (16′) along the park entry road so as to avoid lighting glare and spill-over into adjoining properties. Any taller light standards used, including any "cobra-head" fixtures as may be required along abutting streets, shall incorporate full cut-off shields to eliminate lighting glare and spill-over into the night sky and onto adjoining properties.

(6)

Each site shall front on an access street. Alternatively, where mobile home sites are provided in clusters, no more than four (4) such clustered sites shall share a common frontage on an access street with a minimum ingress/egress width of twenty-four feet (24′).

(7)

Stop signs shall be provided at all intersections with all public streets.

(s)

Circulation. Proximity to public transit and alternative transportation modality shall be encouraged and accommodated. All mobile home park developments shall complement adjoining, existing or contemplated vehicle, transit and pedestrian/bicycle circulation patterns. All mobile home park developments shall dedicate such land adjoining public roads as may be required by the county for road widening purposes and improvements of the same to county standards may be required, as stipulated by the director of transportation and public works, to offset the burden placed on the public by the generation of new traffic.

(t)

Compliance with State Regulations and Other Regulations of the County. All pertinent state and county regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations.

(Ord. No. 5569 § 10, 2005)

Sec. 26-88-110. - Low water use landscaping.

(a)

Purpose. The purpose of this landscape ordinance is to effect efficient water use through proper landscape design and management. County decision-making bodies or the planning director may grant exceptions from this code section where appropriate and justified in light of unique project circumstances or conditions. Any such exception shall be conditioned upon the applicant providing alternative means of water conservation. For the purpose of this chapter, "landscaped areas" shall be defined as ornamental planted areas, patios, decks, walkways and natural areas (excluding creek setback zones) within that portion of the lot to be developed. Pools, ponds and fountains will be considered on an individual basis.

(b)

Applicability.

(1)

The landscape ordinance is applicable to all new and rehabilitated landscaping in projects that are subject to county discretionary review, including common areas. When two (2) or more model homes are proposed in a residential complex, at least one (1) shall comply with this chapter. The low water use model home shall be identified with signage as water conserving.

(2)

The following projects are exempt from the landscape ordinance:

(i)

Landscaping on existing and proposed single-family lots. It is recommended but not required that front yard landscaping installed by developers on existing and proposed single-family lots comply with this chapter;

(ii)

Areas devoted to agricultural cultivation;

(iii)

Projects utilizing individual wells drawing groundwater for landscaping in water availability zones No. 1 and No. 2, as specified in the county general plan or by the county health department;

(iv)

Areas utilizing reclaimed wastewater for irrigation;

(v)

Public parks, golf courses, cemeteries, school recreational areas and private active use recreational areas where the applicant can demonstrate no other feasible alternative exists to turf groundcover.

(c)

Plant Selection. Plants selected in landscaped nonturf areas shall be well suited to the climate of the region and require minimal water once established. Plants that are of a higher water use variety shall be grouped together and be irrigated separately from water conserving plants.

(d)

Turf Selection and Limitations. Turf shall be limited to twenty-five percent (25%) (or thirty percent (30%) for drought tolerant turf varieties) of the projects landscaped areas. Infill lots, corner lots and other lots with more than one (1) street frontage may be permitted to have turf up to thirty-five percent (35%) (or forty percent (40%) for drought tolerant turf varieties) of the projects landscaped areas, where necessary to provide consistent streetscapes.

No turf shall be allowed:

(1)

In areas eight feet (8′) wide or less;

(2)

On slopes exceeding ten percent (10%), or twenty-five percent (25%) where other project water-saving techniques can compensate for the increased runoff. A level buffer zone of eighteen inches (18″) shall be provided between bermed turf areas and any hardscape (i.e., streets, walkways, etc.).

(e)

Soil Conditioning and Mulching.

(1)

A minimum one-foot (1′) depth of uncompacted soil shall be available for water absorption and root growth in planted areas.

(2)

Soil tests for horticultural suitability shall be required at time of landscape installation. Soil shall be prepared and/or amended as appropriate.

(3)

A minimum of two inches (2″) of mulch shall be added in nonturf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement. Nonporous material shall not be placed under the mulch.

(f)

Irrigation.

(1)

All landscaped areas shall be irrigated with an automatic system. Water-efficient systems (drip, minispray, bubbler-type, etc.) shall be used whenever feasible. Low gallonage type sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawns shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.

(2)

Dual or multiprogram controllers with separated valves and circuits shall be used when the project contains more than one (1) type of landscape treatment (lawn, ground cover, shrub, tree areas, etc.), or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (fifty thousand (50,000) plus square feet of landscaped area) to minimize or eliminate overwatering.

(3)

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

(4)

Sprinkler heads must have matched precipitation rates within each valve zone.

(5)

Check valves are required where elevation differential may cause low head drainage.

(6)

Within sixty (60) days of project completion, it is recommended a water audit be conducted by a certified consultant to insure efficient water usage.

(Ord. No. 4643, 1993.)

Sec. 26-88-120. - Repealed by Ord. No. 5570 § 2.

Sec. 26-88-121. - Home Occupations.

(a)

Purpose. This section provides standards for home occupations. These standards are intended to ensure that home occupations are incidental and secondary to residential use of the site, and are compatible with surrounding residential uses.

(b)
Limitations on Use. The following business activities are prohibited as home occupations:
(1)
Adult entertainment activities/businesses;
(2)
Animal hospitals and clinics; pet care services such as grooming, doggie day cares or kennels of any size;
(3)
Automotive and other vehicle sales, repair, services, painting, storage, or upholstery, or the repair of engines, including
                     automobiles, boats, motorcycles, trucks, or recreational vehicles;
                  
(4)
Boatmaking;
(5)
Commercial cabinet or furniture making, furniture refinishing/antique restoration and sales;
(6)
Dismantling, junk, scrap, or storage yards;
(7)
Food processing, canning, baking, etc., including catering, or motorized mobile food vendors such as coffee carts or taco
                     trucks;
                  
(8)
Gun and weapon sales or repairs, gunsmithing;
(9)
Hair salons, day spas, and other uses which generate higher water and sewer demands, and higher customer visits;
(10)
Uses which involve medical procedures;
(11)
Uses that require the handling of any hazardous (including biologically hazardous) or toxic materials, substances or wastes
                     (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking,
                     painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;
                  
(12)
Uses that require explosives or highly combustible materials;
(13)
Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability
                     Act (ADA) or such that a change of occupancy classification is required;
                  
(14)
Welding, machine shop operations, or metal fabricating;
(15)
Other uses that the director determines to be similar in impact to those listed above.

(c)

Allowable Home Occupations. Allowable home occupations include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that do not involve reportable or regulated quantities of hazardous or flammable substances, where such operations will not generate noise, dust, or odors.

(2)

Office-only uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses.

(3)

One-on-one services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy.

(4)

Tailoring and sewing.

(5)

Other home occupation uses which in the opinion of the planning director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each home occupation shall comply with all of the following:

(1)

Location/Size. The home occupation shall be conducted entirely within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof, (up to a maximum of five hundred (500) square feet) which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof (up to a maximum of five hundred (500) square feet).

(2)

Technical codes. A home occupation shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code, and Uniform Mechanical Code) and shall require building, septic division and other clearances as determined necessary by the director.

(3)

Utilities. The home occupation shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or home occupation exceed two hundred twenty (220) volts.

(4)

Exterior appearance. The home occupation shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Home occupations shall comply with the parking standards set forth in Section 26-88-010(g). The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking, so long as adequate on-site parking for clients is demonstrated.

(6)

Signs. A home occupation shall be limited to one (1) attached, non-illuminated, two (2) square-foot sign.

(e)
Operating Requirements.
(1)
Employees. No person shall be employed in the home occupation other than residents of the dwelling.
(2)
Hours of Operation. Customer visits and deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m. Monday through
                     Friday, and shall not occur on state and federal holidays.
                  
(3)
Number of Home Occupation Activities. No more than one (1) home occupation is allowed per legal dwelling unit on the property.
(4)
Visits and Deliveries. Not more than four (4) customers or clients shall be allowed to visit the dwelling for any service
                     or product during any one (1) day, nor more than two (2) customers or clients at any one (1) time. Not more than a total of
                     ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week.
                  
(5)
Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business use shall
                     be kept at the dwelling site.
                  
(6)
Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the home occupation shall be permitted.
                     No outdoor activity related to the home occupation shall be permitted.
                  
(7)
Offsite Effects. No home occupation activity shall result in offsite dust, electrical interference, fumes, gas, glare, light,
                     noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.
                  
(8)
Noise. Noise levels generated by a home occupation shall meet the requirements of the noise element of the general plan.
(9)
Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications
                     of the premises.
                  

(f)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign affidavits agreeing to abide by and conform to the design and development standards, operating requirements and all provisions of the Sonoma County Code pertaining to the conduct of home occupations. The affidavit(s) shall acknowledge that the approval of the home occupation permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which would constitute a nuisance under state or local law. The affidavit(s) shall further acknowledge that it is the property owner's and applicant's responsibility to ensure that the home occupation is not contrary to a covenant, code or restriction governing the property.

(Ord. No. 5711 § 5 (Exh. D), 2007; Ord. No. 5569 § 7, 2005.)

Sec. 26-88-122. - Live/Work Uses.

(a)

Purpose. This section provides standards for live/work uses. These standards are intended to ensure that live/work uses are incidental and secondary to an otherwise allowed residential use of the site, and compatible with, surrounding residential uses. The standards of this section shall not apply to mixed use developments, which are instead subject to 26-88-123 (Mixed Use).

(b)
Limitations on Uses. The following business activities are prohibited as live/work uses:
(1)
Adult entertainment activities/businesses;
(2)
Animal hospitals and clinics;
(3)
Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles,
                     boats, motorcycles, trucks, or recreational vehicles;
                  
(4)
Boatmaking;
(5)
Commercial cabinet or furniture making;
(7)
Mobile food vendors such as coffee carts, or tack trucks;
(8)
Gun and weapons sales;
(9)
Uses which involve medical procedures;
(10)
Uses that require the handling of any hazardous (including biologically hazardous) or toxic, materials, substances or wastes
                     (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking,
                     painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;
                  
(11)
Uses that require explosives or highly combustible materials;
(12)
Welding, machine shop operations, or metal fabricating (except for artisan metal sculpture); and
(13)
Other uses that the director determines to be similar in character to those listed above.

(c)
Allowable Live/Work Uses. Allowable live/work uses include, but are not limited to:
(1)
Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that may involve
                     minor use of hazardous or flammable substances as allowed by the department of emergency services; or operations which generate
                     noise, dust, or odors provided that they are determined to be compatible with the surrounding land uses;
                  
(2)
Office uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses;
(3)
One-on-one and group services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy, etc.;
(4)
Tailoring and sewing;
(5)
Limited, brief, pet care services such as grooming (but not doggie daycares or kennels) located outside of urban service areas;
(6)
Furniture refinishing/antique restoration;
(7)
Hair salons, day spas and other uses which generate higher water and sewer demands, and higher customer visits;
(8)
Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability
                     Act (ADA) such that a change of occupancy classification is required;
                  
(9)
Other live/work uses which in the opinion of the director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each live/work use shall comply with all of the following:

(1)

Location/Size. The live/work use shall be conducted within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof.

(2)

Technical Codes. A live/work use shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code) and shall require building, septic and other clearances determined necessary by the director.

(3)

Utilities. The live/work use shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or live/work use exceed two hundred twenty (220) volts.

(4)

Exterior Appearance. The live/work use shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Live/work uses shall comply with the parking standards set forth in Section 26-88-010(g). The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits. Adequate on-site parking for customers or clients must be demonstrated.

(6)

Signs. A live/work use shall be limited to one (1) attached, nonilluminated, two (2) square-foot sign.

(e)
Operating Requirements.
(1)
Employees. Up to two (2) persons other than residents of the dwelling may be employed, unless otherwise provided by use permit
(2)
Hours of Operation. Customer visits and deliveries shall be limited to the hours or 8:00 a.m. to 6:00 p.m. Monday through
                     Friday, unless otherwise provided by use permit, and shall not occur on state and federal holidays.
                  
(3)
Number of Live/Work Activities. No more than one (1) live/work use is allowed per legal dwelling unit on the property.
(4)
Visits and Deliveries. Not more than eight (8) customers or clients shall be allowed to visit the dwelling for any service
                     or product during any one (1) day, nor more than four (4) customers or clients at any one (1) time. Not more than a total
                     of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week unless otherwise
                     authorized by use permit.
                  
(5)
Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business activity
                     shall be kept at the dwelling site.
                  
(6)
Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the business activity shall be permitted.
                     No outdoor activity related to the business activity shall be permitted.
                  
(7)
Offsite Effects. No live/work use activity shall result in offsite dust, electrical interference, fumes, gas, glare, light,
                     noise, odor, smoke, toxic/hazardous materials, vibration, or other hazardous or nuisances as determined by the director.
                  
(8)
Noise. Noise generated by live/work uses shall be consistent with the noise element of the general plan.
(9)
Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications
                     of the premises.
                  

(f)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign affidavits agreeing to abide by and conform to the conditions of the use permit and all provisions of the Sonoma County Code pertaining to the conduct of live/work uses, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the live/work use permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which would constitute a nuisance under state or local law. The affidavit(s) shall further acknowledge that it is the property owners' and applicant's responsibility to ensure that the live/work use is not contrary to a covenant, code or restriction governing the property.

(g)

Exercise and Duration of Live/Work Permit. Use permits for live/work uses shall be exercised only by the applicant and/or property owner, and shall expire upon change of tenancy or sale or transfer of the property. All use permits issued for a live/work use shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the property."

(Ord. No. 5569 § 7, 2005.)

Sec. 26-88-123. - Mixed use developments.

(a)

Purpose. This section provides standards for mixed use developments and implements the general plan provisions related to mixed use.

(b)

Limitations on Use.

(1)

A mixed use development may combine compatible residential units with commercial or other non-residential land uses allowed in the applicable zoning district, provided that not more than fifty percent (50%) of the total gross project floor space is in residential floor area, including residential garages, hallways, entries and similar areas.

(i)

In cases where at least twenty percent (20%) of the residential floor area is provided as housing affordable to lower-income households pursuant to Article 89 (Affordable Housing Program Requirements and Incentives), the gross residential floor area may be increased up to seventy percent (70%) of the total project floor area pursuant to Section 26-89-050(D) (Mixed Use Project Density Bonuses and Incentives).

(2)

Mixed use developments shall comply with the building intensity limitations of the applicable zoning district.

(3)

A mixed use shall not be established or used in conjunction with any of the following activities:

(i)

Adult entertainment activities/businesses;

(ii)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(iii)

Welding, machining, or open flame work;

(iv)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

(v)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Location of Residential Units. Residential units may be located on any floor, provided that the first fifty feet (50′) of the ground floor area measured perpendicular to each building face adjacent to any primary street frontage shall be reserved for commercial uses. The restriction against the residential use of this fifty foot (50′) area does not apply to entryways, access corridors or stairs. This restriction may be waived or reduced where the applicant can demonstrate that all of the following criteria are met:

(1)

The provision of residential uses on the ground floor is necessary in order to provide compatibility with adjacent uses;

(2)

The site has an unusual lot configuration, access, or other unique circumstance such that the provision of ground floor residential results in a superior integration of residential and commercial uses on the site; and

(3)

The ground floor residential component provides a superior integration of the commercial uses into the surrounding commercial area.

(d)

Design and Development Standards.

(1)

Residential Open Space. A minimum of eighty (80) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks, or enclosed yard areas, but no private space with a dimension of less than eight feet (8′) shall be counted toward this requirement.

(2)

Parking. Projects shall comply with the parking standards set forth in Section 26-86-010 (Parking) for each residential and nonresidential use included in the project, except that the residential parking need not be covered.

(3)

Loading and Refuse/Recycling Areas. Commercial loading areas, recycling areas, and refuse storage facilities for the commercial and other nonresidential uses shall be located away from residential units and shall be substantially screened from view from the residential portion of the project. Where appropriate, the project may provide for the shared use of recycling and refuse storage facilities.

(4)

Noise. Noise generated by mixed use projects shall be consistent with the general plan noise element. No new projects, additions to existing projects, or new nonresidential uses within existing projects shall be approved until an acoustical analysis report, prepared by an acoustical engineer, is provided describing the acoustical design features of the project required to mitigate noise impacts.

(e)

Maintenance of Common Facilities. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the county as a third party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the county.

(f)

Design Review Approval Required. All new mixed use projects, additions to existing projects, or new nonresidential uses in existing projects, shall be subject to design review approval in accordance with the standards of Article 82 (Design Review). The design of mixed use projects shall demonstrate compatibility between the different uses and shall take into consideration compatibility with adjacent properties and land uses, and shall include specific design features and screening to properly mitigate any potential impacts, including light impacts, or other compatibility issues. Design review of site plan and layout shall include consideration of proximity and access to transit facilities. Project design shall ensure that privacy between residential units and other uses on the site is maximized.

(g)

Findings for Approval. A use permit may be approved for a mixed use development only if the decision maker makes all of the findings below, in addition to the findings required for use permit approval by Section 26-92-080 (Use permit—Findings):

(1)

The site is located within an existing urban service area;

(2)

Public services and infrastructure are adequate to serve the intended uses;

(3)

The development complies with the standards and development criteria set forth in this section, Article 82 (Design Review), and the underlying zoning district;

(4)

Residential and commercial uses are integrated in such as manner as to address noise, hazardous materials, and other land use compatibility issues on site as well as off-site;

(5)

The mixed use development, as conditioned, is compatible with surrounding land uses and will not serve to inhibit commercial development on adjacent or nearby commercial parcels.

(Ord. No. 5569 § 5, 2005.)

Sec. 26-88-124. - Work/live units.

(a)

Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial and industrial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations. A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 26-88-123 (Mixed use projects).

(b)

Limitations on Use. The nonresidential uses within a work/live project shall be limited to those commercial and industrial uses allowed within the applicable zoning district. In no case, however, shall a work/live unit be established or used for any of the following activities:

(1)

Adult entertainment activities/businesses;

(2)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(3)

Welding, machining, or any open flame work;

(4)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use;

(5)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of work/live unit residents, because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Allowable Building Intensity. Work/live units shall comply with the building intensity limitations of the applicable zoning district.

(d)

Design and Development Standards.

Work/live units shall be subject to review and approval of a master site plan and proposal statement demonstrating that the project meets all of the following criteria, as well as the design standards of the applicable zoning district.

(1)

General Prerequisites.

(i)

At the time of application approval and for the reasonably foreseeable future, the industrial site and surrounding area is suitable for joint residential and industrial use.

(ii)

The project is designed to provide flexible workspace in conjunction with living areas that are conducive to a work environment.

(iii)

Residential and industrial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues onsite as well as off-site.

(2)

Commercial and Industrial Space Requirements.

(i)

The project site must remain primarily in commercial or industrial use. At no time shall more than fifty percent (50%) of the combined floor area of all buildings constructed on the project site be dedicated or used for work/live units. All remaining floor area on the project site shall be dedicated and reserved exclusively for other commercial and industrial uses allowable in the applicable zoning district.

(ii)

In addition, no less than fifty percent (50%) of the floor area of each work/live unit shall be designated, reserved and regularly used as work space for commercial or industrial uses.

(iii)

All designated work space shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

(3)

Integration of Living Space. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.

(4)

Design Review. Work/live units shall be subject to the design standards and procedures set forth in Article 82 and approval by the design review committee.

(5)

Parking Requirements. Work/live units shall comply with the parking standards set forth in Section 26-88-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.

(6)

Compliance with Building and Fire Codes. All work/live units shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code). If a structure contains mixed occupancies of work/live units and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live units and other occupancies, as determined by the building official.

(e)

Operating Requirements.

(1)

Occupancy. A work/live unit shall be occupied and used only by the operator or employee of the business within the unit.

(2)

Sale or Rental of Portions of Unit. The living space of the work/live unit shall not be rented, leased, sold or occupied separately from the working space. No portion of a work/live unit shall, at any time, be rented, leased, or sold as a commercial or industrial space by any person not living in the unit.

(3)

Notice to Occupants. The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

(4)

On-Premises Sales. On-premise sales of goods shall be limited to those produced within the work/live unit and shall be permitted only where such incidental sales are allowed by the zoning district. All on-premise sales of goods shall be incidental to the primary production work within the unit.

(5)

Nonresident Employees. The occupant of the work/live unit may employ up to two (2) persons who do not reside in the work/live unit to work in the unit, provided that adequate parking is provided as determined by use permit.

(6)

Noise. Noise generated by work/live uses shall be consistent with the noise element of the general plan.

(f)

Changes in Use. No portion of the work/live unit designated and approved as work space shall be converted to residential use without modification of the use permit, to ensure the continuing conformance with the use limitations, design and development standards and operating requirements of this section. Changes in the nonresidential portion of the use shall also require a modification of the use permit to ensure conformance with the use limitations, design and development standards and operating requirements of this section.

(g)

Findings for Approval. No use permit shall be approved for a work/live unit unless the decision maker makes all of the following findings, in addition to the findings required for use permit approval by Section 26-92-080 (Use permit—Findings).

(1)

The site is located within an existing urban service area;

(2)

Public services and infrastructure are adequate to serve the use;

(3)

The project complies with the standards and development criteria set forth in this section;

(4)

The establishment of work/live units will not displace, conflict with or inhibit other commercial or industrial uses on site;

(5)

The proposed use of each work/live unit is a bona fide commercial or industrial activity consistent with subsection (b) (Limitations on Use) of this section;

(6)

The structure containing work/live units and each work/live unit within the structure has been designed to ensure that they will function predominantly as work spaces for commercial or industrial uses with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations;

(7)

The establishment of work/live units, as conditioned, is compatible with surrounding land use and will not conflict with nor inhibit commercial or industrial uses on adjacent or nearby parcels; and

(8)

The exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where adjacent land is zoned for commercial or industrial uses.

(Ord. No. 5569 § 8, 2005.)

Sec. 26-88-125. - Single room occupancy (SRO) facilities.

(a)

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy (SRO) facilities:

(1)

All SRO facilities are subject to design review and the granting of a use permit.

(2)

Transient occupancy of the SRO rooms shall not be allowed. SRO tenants shall not have an additional residential address other than the address of the SRO facility in which the residential unit is located.

(3)

SRO rooms within SRO facilities shall be provided at rents affordable to persons with very low or extremely low incomes.

(4)

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.

(b)

Small SRO Facilities. The following additional criteria shall apply to SRO facilities containing less than ten (10) SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed four hundred (400) square feet.

(3)

Common Facilities. Small SRO facilities shall provide individual or shared (common) bathing facilities, and may provide individual kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth of a mile from the project site.

(5)

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

(6)

Parking. Off-street parking shall be provided as set forth in Section 26-86-010 (Required parking). Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(c)

Large SRO Facilities. The following additional criteria apply to all SRO facilities containing ten (10) or more SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Facility Size. No SRO facility shall contain more than thirty (30) SRO rooms unless approved as a planned community (PC) in accordance with Section 26-26-040(e)(10) (PC Planned community).

(3)

Maximum Unit Size. No SRO room may exceed three hundred (300) square feet.

(4)

Common Facilities.

(i)

Kitchen. Within a large single room occupancy (SRO) facility, no more than fifty percent (50%) of individual rooms may be provided with kitchens or kitchenettes. At least one (1) common (shared) kitchen/dining area shall be provided within a large SRO facility.

(ii)

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared.

(iii)

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

(5)

Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.

(6)

Manager's Unit. An on-site, live-in manager's unit shall be provided. A management plan, including the proposed "house rules," shall be submitted as a part of the use permit application.

(7)

Parking. Parking for SRO facilities shall be provided as set forth in Section 26.86.010, Required parking. Secure bicycle parking is required.

(8)

(Ord. No. 5569 § 6, 2005.)

Sec. 26-88-126. - Medical cannabis dispensary uses.

(a)

Purpose. This section provides the location and operational standards for any medical cannabis dispensary within the unincorporated county in order to promote the health, safety, and general welfare of its residents and businesses.

(b)

Applicability. Medical cannabis dispensaries shall be permitted only in compliance with the requirements of this section, and all other applicable requirements of the underlying zoning district.

(c)

Permit Requirements. A use permit in compliance with Sections 26-92-070 and 26-92-080 shall be required for any medical cannabis dispensary. Additionally, medical cannabis dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

(d)

Compliance with Operating Plan and Conditions Required. A medical cannabis dispensary shall submit, as a part of the use permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, number of patients, hours and days of operation allowed and approved. The operating plan shall provide that the dispensary shall require, at a minimum, a doctor(s written recommendation in compliance with state law, as well as a photo identification for any person entering the site. Any medical cannabis dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the dispensary is consistent with protection of the health, safety and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

(e)

Limited Term. Use permits for medical cannabis dispensaries shall be limited-term, and shall be issued for a maximum period of one year. All use permits issued for a medical cannabis dispensary shall contain the following provision: "This permit shall be a limited term permit and shall be subject to revocation or modification following a public hearing if the approving body finds that there has been a violation or noncompliance with the operating plan or any of the use permit conditions, or if the use for which this permit is hereby granted constitutes a nuisance."

(f)

Exercise and Renewal of Permit. Use permits for medical cannabis dispensaries shall be exercised only by the applicant, who must be a qualified patient or primary caregiver, and shall expire upon termination of the business for which it was issued, or upon sale or transfer of ownership of the medical cannabis dispensary. All use permits issued for a medical cannabis dispensary shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the business or property." Any use permit that is abandoned for a period of six (6) months shall automatically expire, and shall become null and void with no further action required on the part of the county. A use permit renewal may be administratively approved by the planning director only if all of the following findings are made:

Notwithstanding, a use permit approved under this section may be revoked or modified at any time following public hearing in accordance with Section 26-92-120.

(1)

The use has been conducted in accordance with this section, with the dispensary(s approved operating plan, and with all applicable use permit conditions of approval;

(2)

The business for which the use permit was approved has not been transferred to another owner or operator;

(3)

There are no outstanding code enforcement violations.

(g)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application for the use permit, and shall include affidavits agreeing to abide by and conform to the conditions of the use permit and all provisions of the Sonoma County Code pertaining to the establishment and operation of the medical cannabis dispensary use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the medical cannabis dispensary use permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which is in violation of any applicable laws.

(h)

Location Requirements.

(1)

A medical cannabis dispensary shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet (100′) of a residential zoning district.

(2)

A medical cannabis dispensary shall not be established within one thousand feet (1,000′) of any other medical cannabis dispensary, nor within five hundred feet (500′) from a smoke shop or similar facility selling drug paraphernalia.

(3)

A medical cannabis dispensary shall not be established within one thousand feet (1,000′) from any public school, park, or an establishment, public or private, that caters to or provides services primarily to persons under eighteen (18) years of age.

(4)

Notwithstanding, the subsections (h)(1)—(2) may be waived by the decision-maker when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur.

(i)
Development Standards and Operational Criteria in General. The following are the minimum development standards and operational
                  criteria applicable to any medical cannabis dispensary use (Level 1 and Level 2):
               
(1)
The building in which the dispensary is located shall comply with all applicable local, state and federal rules, regulations,
                     and laws including, but not limited to, building codes and accessibility requirements;
                  
(2)
The dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons
                     and to protect the premises from theft. The operational plan shall include the approved security measures;
                  
(3)
The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to design review committee
                     review and approval. The planning director may waive this requirement where the applicant can demonstrate that existing facilities,
                     including parking, lighting and landscaping, already meet the requirements of this section;
                  
(4)
No exterior signage or symbols shall be displayed which advertises the availability of cannabis, nor shall any such signage
                     or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior;
                  
(5)
A dispensary shall have no operators or employees who are not qualified patients or primary caregivers meeting all terms and
                     conditions of applicable law;
                  
(6)
A dispensary may possess cannabis at its facility only in the collective amount that each qualified patient or primary caregiver
                     served is allowed to possess under Health and Safety Code Section 11362.77, as may be amended from time to time;
                  
(7)
No person shall be allowed onto the premises unless they are a primary caregiver and/or a qualified patient, in strict accordance
                     with California Health and Safety Code Section 11362.5 et seq. No person under the age of eighteen (18) shall be allowed on
                     the dispensary site. All persons entering the site shall present a photo identification and shall establish proof of doctor(s
                     recommendation. The operating plan submitted as a part of the use permit application shall specify how this provision will
                     be complied with and enforced;
                  
(8)
No dispensary shall hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages,
                     or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises;
                  
(9)
An exhaust and ventilation system shall be utilized to prevent off-site odors;
10)
No dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by
                     the use permit;
                  
(11)
No cannabis shall be smoked, ingested or otherwise consumed on the premises. The term "premises" includes the actual building,
                     as well as any accessory structures, parking areas, or other immediate surroundings.
                  

(j)

Level 1 Medical Cannabis Dispensary Additional Criteria. The following additional criteria shall apply to a Level 1 medical cannabis dispensary:

(1)

A Level 1 medical cannabis dispensary shall have no more than three hundred (300) total patients at any one time, and shall serve an average of twenty (20) or less patients per day;

(2)

The size of a Level 1 medical cannabis dispensary shall be limited, and shall not exceed one thousand (1,000) square feet unless specifically approved by the use permit. No dispensary may increase in size without amending the use permit. The size limitation shall be included in the operational plan required by 26-88-126(e), of this section;

(3)

Operating days and hours shall be limited to Monday through Saturday from 8:00 a.m. to 5:00 p.m., or as otherwise approved by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

(k)

Level 2 Medical Cannabis Dispensary Additional Criteria. The following additional criteria shall apply to any Level 2 medical cannabis dispensary:

(1)

Parking must meet the requirements of Section 26-86-010.

(2)

Operating days and hours shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m., or as otherwise allowed by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

(Ord. No. 5748 § 2, 2007; Ord. No. 5715 § 2, 2007.)

Sec. 26-88-130. - Telecommunication facilities.

(a)

The following are the minimum criteria applicable to telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, additional mitigation measures or other conditions may also be necessary.

(1)

Except as noted, all telecommunication facilities shall comply with the following:

(i)

Any applicable easements or similar restrictions, including open space easements, on the subject property.

(ii)

Any applicable general plan, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project.

(iii)

The regulations of any applicable combining district.

(iv)

The height of any freestanding facility shall include the height of any structure upon which it is placed.

(v)

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

(vi)

The facility shall be operated so that it shall not result in human exposure to nonionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:

Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.

(B)

Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.

(C)

Provide an independent analysis by or on behalf of the applicant which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements, and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures.

(vii)

Replacement of aging, defective, or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval, provided that such replacement does not increase the height or result in a substantial change in the appearance of the facility. Pursuant to Section 26-94-010(b), a legal nonconforming facility may be expanded one (1) time not to exceed ten percent (10%) of the total existing silhouette, subject to all other applicable requirements of this code.

(viii)

In the event that a proposed telecommunication facility does not meet the required standards or criteria for such facility in the applicable district, it may be considered as the next larger facility, subject to the criteria therefor. For example, a minor facility that exceeds the allowed silhouette limit may be considered as an intermediate facility requiring a use permit, or an attached facility that exceeds the allowed silhouette limit may be considered as a minor facility requiring a zoning permit.

(2)

In addition to the standards of subsection (a)(1) of this section, attached commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(ii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(iii)

Antennas shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iv)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(v)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(3)
In addition to the standards of subsection (a)(1) of this section, freestanding commercial telecommunication facilities shall
                     meet, at a minimum, the following criteria:
                  
(i)
Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.
(ii)
Facility towers, antennas and other structures and equipment shall be located, designed, and screened to blend with the existing
                        natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and
                        the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication
                        service.
                     
(iii)
Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.
(iv)
Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.
(v)
Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.
(vi)
Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways.
                        Structures and roads on slopes of thirty percent (30%) or greater shall be avoided. Erosion control measures shall be incorporated
                        for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent
                        (10%). Natural vegetation and topography shall be retained to the extent feasible.
                     
(vii)
The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette
                        shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part
                        of the silhouette calculation.
                     
(viii)
A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on
                        a tower without being considered in the measurement of the height or silhouette of the facility.
                     
(ix)
Upon abandonment or termination, the entire facility, including all equipment, towers, antennas, etc., shall be removed and
                        the site restored to its pre-construction condition or other authorized use.
                     
(x)
The owner/operator of any facility that causes interference with local television or radio reception shall be responsible
                        for mitigation of such interference in accordance with the operator's applicable FCC license requirements.
                     
(xi)
Facilities shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification
                        and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.
                     
(xii)
The facility operator and property owner are encouraged to make available unutilized space for future co-located or multiple-user
                        telecommunication facilities, including space for those entities providing similar, competing services.
                     
(xiii)
All applications for zoning permits or use permits shall include a statement or other documentation that all owners of property
                        within three hundred feet (300′) of the subject property have been provided with a written notification of the filing of the
                        application.
                     
(xiv)
An alternatives analysis (required for major freestanding facilities in all districts and for intermediate freestanding facilities
                        in the AR, RR, R1, R2, R3, and PC districts with a UR or RR land use designation) shall include the following content:
                     
(A)
A topographic map of the proposed local service area which identifies the local network of facilities with which the proposed
                           facility will connect.
                        
(B)
A small scale map of the applicable franchise area, which identifies the regional network of facilities with which the local
                           network will connect.
                        
(C)
Identification of the following on the local topographic map:
1.
All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service,
                              and those which provide other wireless services which could potentially support the proposed facility.
                           
2.
All other existing structures which might provide an opportunity for attached facilities.
3.
Lands which are zoned for commercial or industrial use.
4.
Lands which are designated as open space.
(D)
Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain
                           in the event that the proposed facility is approved and constructed.
                        
(E)
Identification of at least two (2) alternative service plans which could provide comparable service to the intended service
                           area. An explanation must be included if there are not at least two (2) alternative plans. Alternatives which do not produce
                           a minimum quality signal, or which would substantially interfere with another service do not need to be included.
                        
(F)
The alternatives should include a mix of service strategies which incorporate existing, attached, and/or other freestanding
                           facilities. The alternatives analysis for a facility proposed within a designated scenic resource area and/or a residential
                           zone (AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation) shall include any feasible alternatives
                           outside these respective areas. They should also be designed to offer clear tradeoffs involving:
                        
1.
The level of service provided;
2.
The number of towers;
3.
Variety in tower heights and silhouettes;
4.
Potential visual impacts;
5.
Residential proximity and compatibility;
6.
Proximity to service area;
7.
Other applicable potential environmental impacts.
(G)
A description of each alternative, including its ancillary equipment and structures and associated roads and compare and contrast
                           the alternatives using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed
                           project, but the justification for selection of the proposed project must be presented.
                        
(xv)
Tower setbacks may be waived under any one (1) of the following circumstances:
(A)
The facility is proposed to be co-located onto or clustered with an existing, legally established telecommunication facility.
(B)
All of the owners of affected properties agree to the reduced setback. A property is considered affected if its dwelling unit
                           lies within a distance equivalent to the required setback for the subject tower prior to reduction and the reduced setback
                           would result in the tower being located closer to the dwelling unit than the above setback would otherwise allow.
                        
(C)
Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise
                           be possible.
                        
(xvi)
Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer
                        or less severe environmental impacts than any feasible alternative site.
                     

(b)

Additional Standards for Telecommunication Facilities Pertaining to Specific Districts.

(1)

LIA, LEA, DA, RRD, RRDWA, TP Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a structure but are subject to a limit of five (5) square feet of silhouette above the structure ridgeline or twenty-five (25) square feet above the roof on any single structure and a cumulative total silhouette for all attached commercial antennas on the subject lot of one hundred (100) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following standards:

(A)

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouettes of the towers and antennas on the subject lot shall not exceed one hundred sixty-five (165) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities shall meet the following standards:

(A)

Towers shall meet the setback standards of subsection (b)(1)(ii)(A) of this section.

(B)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(C)

A visual analysis.

(2)

AR, RR, R1, R2, and R3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of all attached commercial antennas on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following:

(A)

Towers shall be set back from the nearest off-site dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouette of the towers and antennas on the subject lot at full design capacity shall not exceed seventy (70) square feet in the AR and RR districts and shall not exceed forty-five (45) square feet in the R1, R2, and R3 districts.

(iii)

Intermediate and major freestanding commercial facilities are not allowed in these districts unless the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible site or method of providing the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation. Such demonstration shall be accompanied by the following:

(A)

An alternatives analysis which meets the requirements of subsection (a)(3)(xiv) of this section.

(B)

A visual analysis, which may include photo montage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(3)

CO, C1 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas placed upon dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities fifty feet (50′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate freestanding commercial facilities greater than fifty feet (50′) in height shall meet the following:

(A)

Towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

A visual analysis.

(4)

C2, C3, LC, RC, AS, K, MP, M1, M2, and M3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities eighty feet (80′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities greater than eighty feet (80′) shall meet the following:

(A)

For intermediate facilities, towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

For major facilities, towers shall be set back by a minimum distance equivalent to one hundred percent (100%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(C)

(D)

A visual analysis.

(Ord. No. 4973 § 14, 1996.)

Sec. 26-88-135. - Small wind energy systems.

This section establishes standards for the siting and operation of small wind energy systems. This section is intended to implement the requirements of Government Code section 65892.13, while protecting the scenic and natural resources of the county and the health, safety and welfare of its residents to the extent permitted by law.

(a)

Permit Requirements. Small wind energy systems shall require either a zoning permit or use permit, depending on their location, as provided in the regulations for the base districts in which they are allowed. Notice for public hearings required prior to use permit approval shall comply with the requirements of Section 26-92-050. Use permit procedures may be waived pursuant to Section 26-88-010(g) for small wind energy systems that have towers which do not exceed forty (40′) feet in height and are located within a county-designated urban service area or within two thousand five hundred (2,500′) feet of a county-designated urban service area.

(b)
Application Requirements. Applications for small wind energy systems shall include all information and materials required
                     by Section 26-92-170 and the following:
                  
(1)
Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code and
                        certification by a California-licensed mechanical, structural or civil engineer. A "wet swamp" shall not be required on the
                        drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements
                        (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Uniform Building Code Seismic 4), and
                        the weakest soil class, with a soil strength of not more than one thousand (1,000) pounds per square foot;
                     
(2)
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner
                        of installation conforms to the National Electric Code;
                     
(3)
Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity;
(4)
Evidence that the provider of electric utility service to the parcel on which the system is to be located has been informed
                        of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends,
                        and so states in the application, that the system will not be connected to the electricity grid;
                     
(5)
Evidence that the height of the system's tower does not exceed the height recommended by the manufacturer or distributor of
                        the system;
                     
(6)
A preliminary title report for the parcel on which the system is to be located dated no more than thirty (30) days prior to
                        the filing of the application;
                     
(7)
Evidence that decibel levels for the system comply with the provisions of subsection (d) of this section;
(8)
Color samples of the system's tower and any supporting structures;
(9)
Where the parcel on which the system is to be located is in the SR or SD district, visual simulations showing the system's
                        tower superimposed on photographs of the site and surroundings as viewed from neighboring residences and public roads, public
                        trails and other public areas at varying distances, to assist the decision maker and the public in assessing the visual impacts
                        of the system and its compliance with the provisions of this section.
                     

(c)

Limitations on Location. Small wind energy systems shall not be located on a site that is:

(1)

Within a scenic corridor identified by the open space element of the general plan;

(2)

Within a special studies zone established in compliance with the Alquist-Priolo Earthquake Fault Zoning Act;

(3)

Subject to a conservation easement established in compliance with Civil Code Section 815 et seq., that prohibits small wind energy systems;

(4)

Subject to an open space easement established in compliance with Government Code Section 51070 et seq., that prohibits small wind energy systems;

(5)

Subject to an agricultural conservation easement established in compliance with Government Code Section 10200 et seq., that prohibits small wind energy systems;

(6)

Subject to a Williamson Act contract established in compliance with Government Code Section 51200 et seq., that prohibits small wind energy systems; or

(7)

Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed.

(d)
Development Standards. Small wind energy systems shall comply with the following standards:
(1)
The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum
                        distance of ten (10′) feet from any other structure on the parcel on which the system is located. On parcels of ten (10) acres
                        or more, the parcel line setback may be reduced if the applicant demonstrates that:
                     
(i)
Because of topography, strict adherence to the setback requirement would result in greater visibility of the system's tower
                           than a reduced setback, and
                        
(ii)
The system's tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels;
(2)
The system's tower and supporting structures shall comply with any applicable fire setback requirements in the fire safe standards
                        (Chapter 13, Article V of this code);
                     
(3)
The system's tower shall not exceed a maximum height of forty (40′) feet on a parcel of less than one (1) acre, a maximum
                        of sixty-five (65′) feet on a parcel of one (1) to less than five (5) acres, and maximum height of eighty (80′) feet on a
                        parcel of five (5) acres or more;
                     
(4)
The system's tower shall be set back from and not project above the top of any visually prominent ridgeline;
(5)
The system's tower shall not significantly impair a scenic vista from a county-designated or state-designated scenic corridor;
(6)
The system's tower shall be located and screened by landforms, natural vegetation or other means to minimize visual impacts
                        on neighboring residences and public roads, public trails and other public areas;
                     
(7)
The system's tower and supporting structures shall be painted a single, neutral, non-reflective, non-glossy (for example,
                        earth-tones, gray, black) that, to the extent possible, visually blends the system with the surrounding natural and built
                        environments;
                     
(8)
The system's turbine shall be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund
                        of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the commission;
                     
(9)
The system shall be designed and constructed in compliance with the Uniform Building Code and National Electric Code. The
                        safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer;
                     
(10)
The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing
                        with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and
                        the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code);
                     
(11)
The system shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control
                        design and fabrication to good engineering practices shall be certified by a California-licensed mechanical, structural or
                        civil engineer;
                     
(12)
The system's tower-climbing apparatus and blade tips shall be no closer than fifteen (15′) feet from ground level unless the
                        system is enclosed by a six (6′)-foot high fence;
                     
(13)
The system's utility lines shall be underground where economically practical;
(14)
Where vegetation is removed in the construction of the system or an access road to the system, landscaping shall be planted
                        to minimize visual impacts, avoid erosion and maintain stability of soils;
                     
(15)
The system shall be operated such that no electro-magnetic interference is caused;
(16)
The system's maximum power shall not exceed ten (10) KW;
(17)
No more than one (1) system shall be allowed on a parcel;
(18)
Decibel levels generated by the system shall not exceed the maximum noise levels applied pursuant to the noise element of
                        the general plan, except during short-term events including utility outages and severe wind storms;
                     
(19)
Brand names or advertising associated with the system or the system's installation shall not be visible from any public place;
(20)
Signs warning of high voltage electricity shall be posted on stationary portions of the system's tower and any supporting
                        structures, and at gated entry points to the site at a height of five (5′) feet above the ground;
                     
(21)
Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting
                        structures and all equipment, shall be removed and the site shall be restored to its pre-construction condition or other authorized
                        use.
                     

(Ord. No. 5435 § 2(ss), 2003: Ord. No. 5361 § 2(q), (r), 2002; Ord. No. 5342 § 6, 2002.)

Sec. 26-88-140. - Minor timberland conversions.

(a)

All minor timberland conversions shall require a zoning permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and data as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after conversion. The statement shall include evidence acceptable to the planning director of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the planning director deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and microclimate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 4985 § 1(f), 1996.)

Sec. 26-88-150. - Timberland conversions of less than three acres in the TP (timberland production) district.

The planning director shall be responsible for verifying to the California Department of Forestry and Fire Protection that any proposed timberland conversion of less than three (3) acres in the TP (timberland production) district is in conformance with all county regulatory requirements.

(Ord. No. 4985 § 1(g), 1996.)

Sec. 26-88-160. - Major timberland conversions.

This section establishes standards for major timberland conversions.

(a)

Permitted Use, Zoning Districts. Except as otherwise provided in subsection (b) of this section, major timberland conversions shall be a use permitted with a use permit in the RRD, RRDWA, and TP zoning districts, and a permitted use in all other zoning districts. Major timberland conversions may convert timberland to any permitted use or use permitted with a use permit in all zoning districts, except for the TP zoning district. In the TP zoning district, major timberland conversions may be undertaken only to convert timberland to a permitted use or use permitted with a use permit that does not significantly detract from the use of the property for, or inhibit, timber production.

(b)

Permit Requirement. A major timberland conversion shall require use permit approval in compliance with this chapter in the RRD, RRDWA, and TP zoning districts, except for a major timberland conversion to convert timberland to a minor public service use or facility, which shall be a permitted use and shall not require a use permit. The minor public service use or facility itself, however, shall require use permit approval in compliance with this chapter.

(c)

Application Requirements. The use permit application for a major timberland conversion shall include all of the information and materials required by Section 26-92-170, and, where the California Department of Forestry and Fire Protection is the lead agency, the timberland conversion permit, timber harvesting plan, and environmental documents approved by that agency for the proposed major timberland conversion.

(d)

Criteria for Approval. A use permit for a major timberland conversion shall not be approved unless the decision maker makes the findings required by Section 26-92-080, and determines that the proposed major timberland conversion complies with the following standards:

(1)

The proposed major timberland conversion includes substantial public benefits that outweigh the long-term loss of timberland, considering both the quantity and quality of the timberland being converted and the timberland being preserved pursuant to subsection (d)(2) of this section.

(2)

Two (2) acres of timberland with a natural slope no steeper than fifty percent (50%) are permanently preserved for timber production for each acre of timberland being converted, subject to the following requirements:

(i)

The preserved timberland shall be subject to the review and approval of the decision maker as part of the use permit approval for the proposed major timberland conversion.

(ii)

The preserved timberland shall be enforceably restricted with a perpetual protective easement preserving and conserving the preserved timberland for timber production, while protecting any riparian or other biotic resources on the preserved timberland consistent with applicable federal, state, and county statutes, ordinances, rules, and regulations. The protective easement shall be dedicated to the county or a public agency or qualified nonprofit organization approved by the county, and shall be recorded prior to commencement of timber operations for the major timberland conversion.

(iii)

The preserved timberland shall be located within the county, either on the same property as the timberland being converted or on other property in the local area.

(iv)

The preserved timberland shall be contiguous to other timberland where contiguity is feasible and is necessary or desirable to better ensure the viability of the preserved timberland for timber production.

(v)

The preserved timberland shall have the same site classification or higher as the timberland being converted.

(vi)

Any preserved timberland that does not meet state stocking standards shall be rehabilitated in compliance with the following requirements:

(A)

The understocked preserved timberland shall be rehabilitated to meet state stocking standards within five (5) years after the use permit approval for the proposed major timberland conversion. The rehabilitation shall be conducted by or under the supervision of a registered professional forester. Timber seedling planting for the rehabilitation shall be completed and verified by the registered professional forester prior to commencement of timber operations for the major timberland conversion. Upon completion of the rehabilitation, the registered professional forester shall certify that the preserved timberland meets state stocking standards.

(B)

Performance of the rehabilitation shall be guaranteed by a bond or other form of security acceptable to the planning director in the amount of one hundred percent (100%) of the total estimated cost of the rehabilitation. The security shall be released upon certification by the registered professional forester that the preserved timberland meets state stocking standards. The county may redeem the security, complete the rehabilitation with its own forces or by contract, and use the security to offset the costs of such undertaking where satisfactory progress is not made toward completion of the rehabilitation in a timely manner, or where at the conclusion of the five (5) year rehabilitation period the preserved timberland does not meet state stocking standards.

(Ord. No. 5695 § 1, 2007: Ord. No. 5651 § 1(y), 2006.)

Sec. 26-88-170. - Compliance with right to farm ordinance.

Any use subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 3, 1999.)

Sec. 26-88-180. - Agricultural homesite parcels.

A lot line adjustment approved pursuant to Chapter 25 of this code may create an agricultural homesite parcel in the diverse agriculture zoning district having a parcel size less than ten (10) acres if the lot line adjustment complies with all of the following requirements:

(a)

All of the affected parcels have a diverse agriculture general plan land use designation and are in the diverse agriculture zoning district. No other general plan and zoning designations shall qualify.

(b)

All of the affected parcels are in one ownership and have been owned by the same owner for at least ten (10) years.

(c)

All of the affected parcels are subject to a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

(d)

All of the affected parcels have adequate potential for suitable water supply and sewage disposal.

(e)

The agricultural homesite parcel contains, at the time the lot line adjustment is approved, a residence that has existed on the property for at least five (5) years and is subject to Section 428 of the Revenue and Taxation Code. The other affected parcels shall each have a suitable building site or sites outside of geologic or flood hazard areas, and designated open space areas.

(f)

The lot line adjustment will not result in an agricultural homesite parcel that is less than one and one-half (1 ½) acres in size or any other affected parcel that is less than ten (10) acres in size for type I preserves, forty (40) acres in size for type II preserves, or the established minimum lot size, whichever is more restrictive.

(g)

No other agricultural homesite parcels shall have been created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years preceding the lot line adjustment, nor shall any other agricultural homesite parcels be created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years following the lot line adjustment.

(h)

No subdivision of the affected parcels shall have occurred since the adoption of the 1989 general plan.

(i)

A note shall be included on the deed creating the agricultural homesite parcel indicating that the agricultural homesite parcel is in an area of agricultural production and may be subject to agricultural nuisances in the form of noise, light, spraying, odors or other conditions associated with productive agriculture.

(j)

An agricultural nuisance easement and covenant approved by the county surveyor shall be recorded concurrently with the deed creating the agricultural homesite parcel. The agricultural nuisance easement and covenant shall be in favor of the other affected parcels and shall contain, at a minimum, a restriction on the ability of the owner of the agricultural homesite parcel to maintain either administrative or legal proceedings for the purpose of limiting or interfering with the agricultural uses or practices on the other affected parcels. The agricultural nuisance easement and covenant shall also contain a provision that requires the owner of the agricultural homesite parcel to maintain the agricultural homesite parcel in a manner which prevents the breeding of pests harmful to agricultural operations on the other affected parcels and which insures that the agricultural homesite parcel will not interfere with the agricultural use of the other affected parcels.

(k)

The agricultural homesite parcel shall be excluded from the benefits of the land conservation contract after the lot line adjustment and shall be removed from the contract either by nonrenewal or cancellation of the contract insofar as it applies to the agricultural homesite parcel.

(Ord. No. 5082 § 1, 1997.)

Sec. 26-88-190. - Limitations on lot line adjustments.

(a)

Notwithstanding any ether provision of this code, except as otherwise provided in subsection (b) of this section, all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel;

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(i)

The parcel meets all of the following criteria:

(A)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(B)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(C)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an Area 1, 2, or 3 groundwater availability area as shown on Figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an Area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(ii)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CO (administrative and professional office), C1 (neighborhood commercial), C2 (retail business and service), C3 (general commercial), LC (limited commercial), K (recreation and visitor-serving), MP (industrial park), M1 (limited urban industrial), M2 (heavy industrial), M3 (limited rural industrial), or PF (public facilities) zoning districts;

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan;

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967;

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farmworker housing, as allowed by the applicable zoning district;

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5154 § 1(b), 1999.)

Sec. 26-88-195. - Small alcoholic beverage retail establishments.

This section establishes standards for small alcoholic beverage retail establishments, where allowed by the base zoning district.

(a)

Permit Requirement. Small alcoholic beverage retail establishments shall require a use permit. In granting a use permit for a small alcoholic beverage retail establishment and in making the findings required for use permit approval by section 26-92-080, the decision maker shall consider the following:

(1)

The number of alcohol licenses per capita within a one-half mile radius of the premises as compared to the county-wide average;

(2)

The numbers of calls for service, crimes, and arrests at the premises and within a one-half mile radius of the premises as compared to the county-wide average;

(3)

Whether the site plan and floor plan for the premises incorporate design features to assist in reducing alcohol-related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage objectionable activities.

(b)

Location Requirement. Small alcoholic beverage retail establishments shall be separated by a minimum of one thousand (1,000) feet from all schools, day care centers, park and recreation facilities, places of religious assembly, and other alcoholic beverage retail establishments. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. An exception to this provision may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(1)

That the proposed use is located in an area where the number of calls for service, crimes, and arrests within a one-half mile radius of the premises is less than the county-wide average; and

(2)

There is adequate separation from the other uses specified above to deter loitering and exposure to alcohol sales.

(c)

Operating Standards. Small alcoholic beverage retail establishments shall comply with the following operating standards. In granting a use permit for a small alcoholic beverage retail establishment, the decision maker may impose additional operating standards as conditions of approval.

(1)

Customer and Site Visitor Management. The operator of the establishment shall take all reasonable steps, including contacting law enforcement officers in a timely manner, to prevent customers or other persons from engaging in objectionable activities on the premises, parking areas under the control of the operator, highways, roads, streets, sidewalks, lanes, alleys, and other public areas surrounding the premises, and adjacent properties during business hours.

(2)

Trash, Litter, Graffiti.

(i)

At least twice a week, the operator of the establishment shall remove trash, litter, and debris from the sidewalks adjoining the premises plus ten feet (10′) beyond property lines as well as any parking lots under the control of the operator.

(ii)

The operator of the establishment shall install and maintain a minimum of one permanent, non-flammable trash container with at least a sixty (60)-gallon capacity on the exterior of the premises.

(iii)

The operator of the establishment shall remove all graffiti from the premises and parking lots under the control of the operator within seventy-two (72) hours of its application.

(3)

Staff Training. Within ninety (90) days from issuance of a certificate of occupancy or if no building permit is required, within ninety (90) days of issuance of the use permit, all owners, managers, and employees selling alcoholic beverages at the establishment shall complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program shall meet the standards of the California Department of Alcoholic Beverage Control or other certifying/licensing body which the state may designate. New owners, managers, and employees shall complete the training course within thirty (30) days of the date of ownership or employment. Records of successful completion for each owner, manager, and employee shall be maintained on the premises and presented upon request by a representative of the county.

(4)

Staffing, Surveillance, and Security.

(i)

Signs and displays shall not obstruct the sales counter, cash register, and customers from view from the exterior of the premises.

(ii)

The operator of the establishment shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum, the external cameras shall monitor the entrance to the premises and vicinity of at least twenty (20) feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes or digital recording medium from these cameras shall be retained for at least ten (10) days from the date of recording before destruction or reuse. The tapes or digital recording medium shall be made available to the sheriff's department, or any other law enforcement agency, upon request. An exception to the requirement for exterior surveillance cameras and monitors may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(A)

That the proposed operation is located in an area where the number of calls for service, crimes, and within a one-half mile radius of the premises is less than the county-wide average; and

(B)

That there is adequate visibility of the exterior of the premises from the area of the cash register.

(iii)

A monitored robbery alarm system shall be installed and maintained in good working condition on the premises.

(iv)

Restrooms on the premises shall remain locked and under the control of the cashier.

(v)

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

(5)

Limitations on Product Sales and Display.

(i)

Refrigerated coolers, tubs, and other storage containers holding alcoholic beverages shall be equipped with locking mechanisms that shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited by the California Department of Alcoholic Beverage Control regulations or license.

(ii)

No beer or wine shall be displayed within five feet (5′) of the cash register or front door of the premises.

(iii)

No video or arcade type games are permitted on the premises. California State Lottery games are permitted.

(6)

Signs, Lighting, Postings.

(i)

Premises identification shall comply with Article V, Division C of Chapter 13 of this code and the county's adopted road naming and addressing procedures and standards.

(ii)

A copy of the conditions of approval for the use permit shall be kept on the premises and shall be presented to any peace officer or any authorized county official upon request.

(iii)

Signs shall be posted on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

(iv)

Required interior and exterior signs shall be posted in English and the predominate languages spoken by nearby community patrons.

(v)

Premises shall be lit by high-pressure sodium or equivalent intensity fixtures. All site lighting and lighting for signs shall be down lit and directed away from residential uses.

(7)

Compliance with Other Requirements.

(i)

The operator of the establishment shall comply with all local, state, and federal laws, regulations, or orders, including those of the California Department of Alcoholic Beverage Control, as well as any conditions imposed by permits issued in compliance with those laws, regulations, or orders.

(ii)

The operator of the establishment shall comply with all provisions of this code and conditions imposed by county-issued permits.

(d)

Grounds for Modification or Revocation. In addition to the grounds in Section 26-92-120, the decision maker may require modification, discontinuance, or revocation of use permits for small alcoholic beverage retail establishments if the decision maker finds that the use is operated or maintained in a manner that:

(1)

Adversely affects the health, peace, or safety of persons living or working in the surrounding area;

(2)

Contributes to a public nuisance;

(3)

Has resulted in repeated objectionable activities;

(4)

Violates any provision of this code or condition imposed by a county-issued permit, or violates any provision of any other local, state, or federal law, regulation, or order, including those of the California Department of Alcoholic Beverage Control, or violates any condition imposed by permits issued in compliance with those laws, regulations, or orders.

(e)

Nonconforming Uses and Structures. Small alcoholic beverage retail establishments that were legally operating prior to the adoption of this section may continue to operate as nonconforming uses in compliance with the provisions of Article 94 of this chapter (nonconforming uses). In addition to those provisions, after the effective date of this section nonconforming small alcoholic beverage retail establishments shall be required to obtain approval of a use permit prior to any of the following:

(1)

Resumption of alcoholic beverage sales after the establishment's liquor license is revoked by the California Department of Alcoholic Beverage Control.

(2)

Resumption of alcoholic beverage sales after the establishment's liquor license is suspended for more than forty-five (45) days by the California Department of Alcoholic Beverage Control.

(3)

Any expansion of the size of the establishment.

(Ord. 5790 § 1(m), 2008.)

Number of Available Parking Spaces	Maximum Reduction
0-25	0
26-35	2
36-49	3
50-99	4
100+	5