Title 17 — ZONING[[1]]

Footnotes:

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Editor's note— Ord. No. 3206, § 1, adopted July 16, 2024, repealed the former Title 17 and enacted a new Title 17 as set out herein. The former Title 17 pertained to zoning. See Code Comparative Table for full history notation. Printed herein is the zoning code of the county, Ord. No. 3206, § 1, as adopted by the county Council on July 16, 2024. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Subtitle I: - Introductory Provisions Chapter 17.01 - Purpose and Effect of the zoning code

Sections:

Title 17 of the Calaveras County Municipal Code shall be known and cited as the "Calaveras County Zoning Code", "zoning code of the county of Calaveras", or "zoning code".

The Calaveras County Zoning Code is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

The purpose of this zoning code is to implement the county's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the code is adopted to achieve the following objectives:

A.

Provide standards for the orderly growth and development of the county, and guide and control the use of land, consistent with the goals and policies of the general plan.

B.

To provide a means to classify, and ensure the potential for adequate development of, real property in the unincorporated portion of the county;

C.

To ensure that there are adequate services available to meet the needs of residences, business, commerce, recreation and industry;

D.

To establish fair, consistent development standards;

E.

To provide a means of prompt, fair, project consideration and review.

F.

Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

G.

Define duties and powers of administrative bodies and officers responsible for implementation of the code.

This zoning code implements the goals and policies of the Calaveras County general plan by regulating the use of land and structures within the county. This zoning code and the general plan shall be consistent with one another. Any permit, license, or approval issued pursuant to this zoning code must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this zoning code and the general plan, the general plan shall control.

A.

Applicability to Property. This zoning code shall apply, to the extent permitted by law, to all property within the unincorporated areas of Calaveras County, including all uses, structures, and land owned by any private person, firm, corporation or organization, or Calaveras County or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this zoning code only to the extent that such property may not be lawfully regulated by Calaveras County.

B.

Discretionary Approvals. Where this zoning code provides for more discretion on the part of a county official or body, that discretion may be exercised to impose more stringent requirements than set forth in

this zoning code as may be necessary to promote orderly land use development and the purposes of this zoning code.

C.

Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this zoning code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D.

Conflicting Regulations. The regulations of this zoning code and requirements or conditions imposed pursuant to this zoning code shall not supersede any other regulations or requirements adopted or imposed by the Calaveras County Board of Supervisors, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this zoning code. All uses and development authorized by this zoning code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the code and any other county ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified or context so requires.

E.

Private Agreements. This zoning code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this zoning code imposes greater restriction than imposed by an easement, covenant, or agreement, this zoning code shall control. Calaveras County shall not be responsible for monitoring or enforcing private agreements.

F.

Prior Ordinance. The provisions of this zoning code supersede all prior ordinances codified in Title 17 of the Calaveras County Municipal Code and any amendments. No provisions of this zoning code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this zoning code and is in conformance with all other regulations.

G.

Effect on Previously Approved Projects and Projects in Progress.

1.

Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted.

Previously Approved Land Use Authorization. This zoning code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.

3.

Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the planning department as complete for processing prior to the adoption of this Code or any applicable amendment shall be processed according to the requirements of this zoning code or, upon written request from the project applicant, the prior Code.

H.

Application During Local Emergency. The board of supervisors may authorize a deviation from a provision of this zoning code during a local emergency declared and ratified under the Calaveras County Municipal Code. The board of supervisors may authorize a deviation by resolution without notice or public hearing.

The zoning code shall be administered by the Calaveras County Board of Supervisors, Planning Commission, and planning director as established in Chapter 17.26, Planning Authorities.

If any section, subsection, paragraph, sentence, clause, or phrase of this zoning code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this zoning code. The Calaveras County board of supervisors hereby declares that it would have passed this zoning code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

The board of supervisors shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this zoning code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

Chapter 17.02 - Interpretation of the zoning code

Sections:

The purpose of this chapter is to provide precision in the interpretation of the zoning code. The meaning and construction of words and phrases defined in this chapter apply throughout the code, except where the context indicates a different meaning.

In interpreting the various provisions of the code, the following rules of interpretation shall apply:

A.

General Rules. The following general rules apply to the interpretation and application of the zoning code.

1.

The specific controls the general.

2.

In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

3.

Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

4.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected words or provisions shall apply.

b.

"And/or" indicates that the connected words or provisions may apply singularly or in any combination.

c.

"Or" indicates that the connected words or provisions may apply singularly or in any combination.

d.

"Either... or" indicates that the connected words or provisions shall apply singularly but not in combination.

5.

The words "shall", "will", "must", and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

6.

The present tense includes the past and future tenses, and the future tense includes the past.

The singular number includes the plural, and the plural, the singular.

8.

All references to departments, committees, commissions, boards, or other public agencies are to those of the county of Calaveras, unless otherwise indicated.

9.

All references to public officials are to those of the county of Calaveras, and include designated deputies of such officials, unless otherwise indicated.

B.

Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day or time when the county offices or receiving office are closed to the public, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

C.

State law and Other Code or Regulation Requirements. Where this title refers to provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code), other ordinances of the Calaveras County Code, or any other statute, code, or regulation, the references shall be interpreted to be to the applicable provisions as they may be amended from time to time.

D.

Definitions. The director shall make the interpretation for any definition not expressly identified in this zoning code.

E.

Interpretation of Land Use Regulation Tables. Land use regulations are established in the land use regulation tables for each zoning district and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the tables or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the righthand column of the land use tables refer to other sections of this zoning code. Numbers in parentheses refer to specific limitations listed at the end of the table.

For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the director.

A.

Fractions. Whenever this zoning code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1.

General Rounding. Fractions exceeding one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

2.

Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, shall be rounded up to the next whole number.

B.

Measuring Distances.

1.

Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

3.

Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances. See also Section 17.16.080, Setbacks.

4.

Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as driveways, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

5.

Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

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FIGURE 17.02.030.B: MEASURING DISTANCES

C.

Measuring Height. Height is measured as the vertical distance from a point on the ground below a structure to a point directly above.

1.

Measuring Building Height. Building height is measured from the average base elevation to the highest point on the roof. Average base elevation is determined by taking the elevation of the lowest point at the ground, and the elevation of the highest point at the ground, and finding the average.

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FIGURE 17.02.030.C.1: MEASURING BUILDING HEIGHT

2.

Measuring Height of Fences or Walls. The height of a fence or wall is measured as the vertical distance from the ground level on the lowest external side of the fence or wall to the highest point of such fence or wall.

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FIGURE 17.02.030.C.2: MEASURING HEIGHT OF FENCES OR WALLS

Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.

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FIGURE 17.02.030.C.3: MEASURING HEIGHT OF DECKS

D.

Measuring Lot Width and Depth.

1.

Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot along a straight line parallel to the front lot line.

2.

Lot Depth. Lot depth is measured along a straight line from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

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FIGURE 17.02.030.D: MEASURING LOT WIDTH AND DEPTH

E.

Determining Average Slope. The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:

1. S = Average slope (in percent)

2. I = Contour interval (in feet)

3. L = Total length of all contour lines on the parcel (in feet)

4. A = Area of subject parcel (in square feet)

F.

Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.

1.

Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two feet within the roof line of any building without walls. In the case of a multistory building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

2.

Excluded from Floor Area. Floor area does not include the following:

a.

Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's total floor area;

b.

Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater;

c.

Covered porticoes, paseos, corridors, and courtyards designed for use by and accessible to the general public; and

d.

In non-residential buildings, areas used for off-street parking spaces or loading spaces, driveways, and maneuvering aisles.

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FIGURE 17.02.030.F: DETERMINING FLOOR AREA

G.

Determining Floor Area Ratio. The Floor Area Ratio (FAR) is the ratio of the floor area of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

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FIGURE 17.02.030.G: DETERMINING FLOOR AREA RATIO

H.

Determining Lot Frontage.

Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.

2.

Through Lot. The front of a through lot abuts the street that neighboring lots use to provide primary access.

I.

Determining Setbacks. A setback line defining a required setback is parallel to and at the specified distance from the corresponding front, side, or rear property line or other required measuring point. Required setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to Section 17.16.080, Setbacks, subject to compliance with the Building Code.

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FIGURE 17.02.030.J: DETERMINING SETBACKS

J.

Measuring Signs. The calculations of measurements related to signs are described in Chapter 17.24, Signs.

Chapter 17.03 - Zoning Districts and Zoning Map

Sections:

The county shall be classified into zoning districts, the designation and regulation of which are set forth in this zoning code and as follows.

A.

Base Zones. The county is divided into base zoning districts which are established as shown in Table 17.03.010, Base and Overlay Zoning Districts.

B.

Overlay Zones. Overlay zoning districts, one or more of which may be combined with a base zone, are established as shown in Table 17.03.010, Base and Overlay Zoning Districts.

Public and Semi-Public Zones

The boundaries of the zones established by this zoning code are not included in this zoning code but are shown on the Official zoning map maintained by the county. The Official zoning map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the board of supervisors and are hereby incorporated into this zoning code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

A.

Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any zoning district shown on the Official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following lot lines, city or county limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

B.

Parcels Containing Two or More Zoning Districts.

1.

For parcels containing two or more zoning districts, the location of the zoning district boundary shall be determined by the planning director.

2.

For parcels containing two or more zoning districts, the applicable regulations for each respective zone shall apply.

Subtitle II: - Base Zones Chapter 17.04 - Resource Zones

Sections:

The purposes of the resource zones are as follows:

General Forest (GF) Zone. The GF Zone is intended to provide a resource production zone for commercial timber production and related uses. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

Timber Production (TP) Zone. The purpose of the TP zone is to implement the provisions of the Z'Berg, Warren, Collier Forest Taxation Reform Act as amended and stated in the California Government Code. Lands in the TP Zone are commonly known as timber preserves. Such land is intended for the primary and productive use of timber resources, including timber and wildlife management. While such lands also provide open space this secondary purpose is not to limit or constrain the ability of the property owners to utilize the land in an efficient and productive manner. No development found incompatible with the primary purposes of timber production shall be permitted in the TP zone. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

General Agriculture (A1) Zone. The A1 zone is intended to be the main resource production zone. It is to classify areas for general farming and ranching practices and assign such uses the primary emphasis for the area. It is the purpose of the A1 zone that residential uses are placed in a position of secondary importance when compared to the commercial scale production of food and fiber. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

Agriculture Preserve (AP) Zone. The purpose of the AP zone is to protect and preserve lands for intensive agriculture and ranching production. Agriculture preserve zoning applies to lands for which a Williamson Act contract has been executed. The AP zone may also be utilized for open space protection and preservation under the Williamson Act. All the permitted and conditional uses allowed in the AP zone, when developed and operated in conformance with this title and county rules administering agricultural preserves and Williamson Act Contracts, are determined by the board of supervisors to be compatible with the definition of agricultural, recreational or open space use of the land and thus a use authorized in the AP zone and for lands under a Williamson Act Contract. This zone is compatible with the resource

management, resource production, and working lands, rural transition, and rural residential general plan land use categories.

Residential Agriculture (RA) Zone. The RA zone is intended to be a zone that accommodates both residential and agricultural uses. The RA zone is to provide lands for small-scale and personal-scale farming and ranching, as well as larger residential parcels. This zone is compatible with the working lands and rural transition general plan land use categories.

Land use regulations for the resource zones are established in Table 17.04.020: Land Use Regulations - Resource Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

4. Limited to logging contractor equipment and materials.

5. administrative use permit approval is required for parcels less than 20 acres in size.

6. Must be located within a legal residential structure. Prohibited in accessory dwelling units.

Table 17.04.030, Development Regulations—Resource Zones, prescribes the development regulations for the resource zones. Section numbers in the Additional Regulations column refer to other sections of this title.

A.

Road Maintenance. Road maintenance in resource zones is required as follows.

1.

administrative use permit Required for Nonresidential Uses. Any permitted use, beyond that legally existing at the time of adoption of the Ordinance codified in this section, having legal access on or over roads maintained by a county service area, a community service district, a recorded road maintenance agreement or pursuant to Civil Code Section 845, may, to the extent allowed by the grant of access, generate additional traffic on those roads. Prior to commencing any nonresidential permitted use, the proponent of the nonresidential permitted use shall secure an administrative use permit to address the permitted use's road impacts only, unless the proponent can demonstrate that the proposed use will not generate traffic in excess of permitted residential uses. To demonstrate the absence of any additional traffic, the proponent shall estimate the Average Daily Traffic (ADT) that will be generated by the permitted use over a one-month time period. If this estimate indicates that traffic generated by such use is less than the ADT generated by a single-family residence (currently seven and one-half ADT), then an administrative use permit will not be required.

2.

Road Maintenance Fee. As a condition of approval of the administrative use permit, the proponent of the use shall be required to pay a road maintenance fee to mitigate the impacts caused by the use. This condition of approval is intended to protect the public health, safety and welfare. Such fees shall be paid as follows:

a.

The fee shall be calculated based on the ADT of the use divided by the ADT generated by a single-family residence (seven and one-half ADT) and multiplying the annual fee paid by a single-family residence in the area by this proportional factor. Determination of the ADT generated by the use shall be supported by substantial evidence, as approved by the public works department.

b.

Road maintenance fees for uses having legal access on roads maintained by a county service area shall be paid to the county auditor's office and deposited in the appropriate account, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

c.

Road maintenance fees for uses having legal access on roads maintained by a community service district shall be paid to the community service district, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

3.

Private Roads. Proponents of uses having legal access over private roads not maintained by the county, or a local agency, shall do one of the following:

a.

Enter into any existing road maintenance agreement for the road(s) providing access to the use.

b.

Amend any existing road maintenance agreement to which the proponent of the use is already a party to in order to provide for an additional road maintenance fee for the use.

c.

If there is no existing road maintenance agreement, record a road maintenance agreement for that portion of the road located on the real property where the use is located.

d.

Evidence of compliance with any of the above-stated options shall be provided to the planning department prior to the commencement of the use.

4.

Enforcement. Failure to obtain an administrative use permit under this section may result in initiation of code compliance proceedings or other remedies, including, but not limited to, the remedies specified in Chapter 17.41, Enforcement, and may require the proponent of the permitted use to pay a road impact fee for the impact caused by the use that was conducted in violation of this section.

B.

Agricultural preserves, AP Zone. All use of land within the AP Zone shall be developed and operated in conformance with this title and county rules administering agricultural preserves and Williamson Act

Contracts. Parcels within an agricultural preserve or Williamson Act contract may be subject to additional use restrictions under the county's Williamson Act program.

1.

Use of land of parcels within an agricultural preserve or Williamson Act contract shall be consistent with compatible uses as established by resolution of the board of supervisors, and as amended by subsequent resolution and/or ordinance.

2.

Agricultural accessory uses are allowed where no more than three percent of the total land of the agricultural operation or 10 acres, whichever is less, is dedicated to a non-agricultural use. A conditional use permit may be approved to allow additional agricultural accessory uses where the decision maker finds the accessory uses are clearly subordinate to a primary agricultural use on-site and the proposed use conforms with county rules administering agricultural preserves and Williamson Act Contracts.

C.

TP Zone. The following standards and requirements apply to all land in, or proposed to be within, the TP Zone.

1.

Timber Taxation Reform Act. The following requirements authorized by the Timber Taxation Reform Act as amended shall apply:

a.

All parcels in the TP Zone shall meet the definition of "timberland" pursuant to Section 51104 (F) of the California Government Code.

b.

Use of land within the TP Zone shall be consistent with compatible uses as established by Resolution 76373 of the board of supervisors, and as amended by subsequent resolution and/or ordinance.

c.

Upon the effective date of the Ordinance codified in this section, any owner of record may make application to the board of supervisors to zone such land into the TP Zone.

d.

Application procedures shall be established in this title and California Government Code Section 51113, including the following additional criteria:

i.

The application shall include a map showing the perimeter boundaries of the parcel(s) to be included in the TP Zone, with all assessor parcel numbers indicated on the map.

ii.

The application shall include a timber management plan prepared over the signature of a registered professional forester in conformance with the requirements of the board of forestry.

iii.

The parcel(s) shall meet the requirements of the Forest Practices Act, and if applicable, the requirements of California Public Resources Code Section 4031.

iv.

The land shall meet the requirements of Section 434 of the California Revenue and Taxation Code, the land area shall be dedicated to the growth, management and production of timber resources, or the land shall be within a program approved by the board of forestry under CFIP.

e.

Parcels included in the TP Zone shall be zoned as such for a rolling period of ten years from the ordinance effective date. On the first, and all subsequent anniversary dates of the ordinance, the ten-year period shall be extended by one year, unless a notice of cancellation and rezoning is approved as provided in the Act, as amended.

2.

Subdivision. Parcels in the TP Zone shall not be subdivided into lots of less than 160 acres unless a finding is substantiated that the timber management plan has been amended to include the proposed new parcels in a plan meeting the requirements of the Act, and further provided that such subdivision and plan amendment are approved by a four-fifths vote of the board of supervisors.

Chapter 17.05 - Residential zones.

Sections:

The purposes of the Residential Zones are as follows.

Rural Residential (RR) Zone. The RR Zone is intended to provide areas for large-lot residential development in a rural setting where the residential use is the primary land use and any ranching, agricultural, or farming activities are accessory and primarily for personal use. Typical uses include detached single-family homes, accessory dwelling units, accessory structures, public and quasi-public uses (e.g., school, library, park), and other similar and compatible uses. This Zone implements the Rural Residential and Rural Transition general plan Land Use Categories.

Low Density Residential (R1) Zone. The R1 Zone is intended to provide land for low density residential neighborhoods where public water and sewage facilities are available. Typical uses include residential dwelling units, public and quasi-public uses (e.g., school, library, park), and other similar and compatible uses. This Zone implements the Residential Low Density general plan Land Use Category.

Medium Density Residential (R2) Zone. The R2 Zone is intended to allow for a variety of housing types in a medium density setting where public water and sewage facilities are available. Typical uses include singleand multi-family units (e.g. duplexes, condominiums, townhouses, apartments), other residential communities (e.g., mobile home parks, cooperative housing, retirement communities), public and quasipublic uses (e.g., school, library, park), and other similar and compatible uses. This Zone implements the Residential Medium Density general plan Land Use Category.

High Density Residential (R3) Zone. The R3 Zone is intended to provide lands with a mixture of housing types in a high-density setting where public water and sewage facilities are available. Typical uses include multi-family units (e.g. duplexes, condominiums, townhouses, apartments), other residential communities (e.g., mobile home parks, cooperative housing, retirement communities), public and quasi-public uses (e.g., school, library, park), and other similar and compatible uses. This zone implements the residential high density general plan land use category.

17.05.020 - Land use regulations.

Land use regulations for the residential zones are established in Table 17.05.020: Land Use Regulations - Residential Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.05.020: LAND USE REGULATIONS - RESIDENTIAL ZONES

1. Permitted on parcels 20 acres or more in size as accessory to a farm, as defined in Section 52262 of the Food and Agricultural Code, that produces agricultural products as its primary source of income and where no more than three percent of the total land of the agricultural operation or 10 acres, whichever is less, is dedicated to agricultural accessory uses. A smaller parcel size or greater agricultural accessory use area may be approved through a conditional use permit.

2. Must be located within a legal residential structure. Prohibited in accessory dwelling units.

3. Permitted as accessory to a residential use. Conditional use permit approval is required to allow as a primary use.

Table 17.05.030, Development Regulations—Residential Zones, prescribes the development regulations for the Residential Zones. Section numbers in the Additional Regulations column refer to other sections of this title.

A.

Road Maintenance, RR Zone. In the RR Zone, road maintenance is required as follows.

Administrative Use Permit Required for Nonresidential Uses. Any permitted use, beyond that legally existing at the time of adoption of the Ordinance codified in this section, having legal access on or over roads maintained by a county service area, a community service district, a recorded road maintenance agreement or pursuant to Civil Code Section 845, may, to the extent allowed by the grant of access, generate additional traffic on those roads. Prior to commencing any nonresidential permitted use, the proponent of the nonresidential permitted use shall secure an administrative use permit to address the permitted use's road impacts only, unless the proponent can demonstrate that the proposed use will not generate traffic more than permitted residential uses. To demonstrate the absence of any additional traffic, the proponent shall estimate the average daily traffic (ADT) that will be generated by the permitted use over a one-month time. If this estimate indicates that traffic generated by such use is less than the ADT

generated by a single-family residence (currently seven and one-half ADT), then an administrative use permit will not be required.

2.

Road Maintenance Fee. As a condition of approval of the administrative use permit, the proponent of the use shall be required to pay a road maintenance fee to mitigate the impacts caused by the use. This condition of approval is intended to protect the public health, safety, and welfare. Such fees shall be paid as follows:

a.

The fee shall be calculated based on the ADT of the use divided by the ADT generated by a single-family residence (seven and one-half ADT) and multiplying the annual fee paid by a single-family residence in the area by this proportional factor. Determination of the ADT generated by the use shall be supported by substantial evidence, as approved by the Public Works Department.

b.

Road maintenance fees for uses having legal access on roads maintained by a county service area shall be paid to the county auditor's office and deposited in the appropriate account, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

c.

Road maintenance fees for uses having legal access on roads maintained by a community service district shall be paid to the community service district, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

3.

Private Roads. Proponents of uses having legal access over private roads not maintained by the county, or a local agency, shall do one of the following:

a.

Enter into any existing road maintenance agreement for the road(s) providing access to the use.

b.

Amend any existing road maintenance agreement to which the proponent of the use is already a party to in order to provide for an additional road maintenance fee for the use.

c.

If there is no existing road maintenance agreement, record a road maintenance agreement for that portion of the road located on the real property where the use is located.

d.

Evidence of compliance with any of the above-stated options shall be provided to the planning department prior to the commencement of the use.

4.

Enforcement. Failure to obtain an administrative use permit under this section may result in initiation of code compliance proceedings or other remedies, including, but not limited to, the remedies specified in Chapter 17.41, Enforcement, and may require the proponent of the permitted use to pay a road impact fee for the impact caused by the use that was conducted in violation of this section.

Chapter 17.06 - Commercial Zones

Sections:

The purposes of the Commercial Zones are as follows:

Historic Center (HC) Zone. The HC Zone is intended to allow for a mix of compatible residential- and visitorserving uses, sized and designed to reflect the scale and character of surrounding structures, reflect smalllot sizes, and preserve and protect the historic core of existing communities. This Zone implements the Historic Center general plan Land Use Category.

Local Commercial (C1) Zone. The purpose of the C1 Zone is to provide areas for a mix of residential and commercial uses intended to serve the residents of and visitors to the community and the surrounding area. Typical commercial uses include: retail and service establishments, lodging, professional offices, eating establishments and other support services for residents and visitors. Residential uses, typically livework units, second floor residential, and single and multi-family units; public and quasi-public uses; and similar uses in support of the community are also allowed. This Zone implements the Community Center general plan Land Use Category.

General Commercial (C2) Zone. The purpose of the C2 zone is to provide lands for general commercial or office uses in areas with adequate public infrastructure (water, sewer, roads). Typical uses include general commercial (e.g., retail, stores, and services), professional business offices, employment centers, service

commercial (e.g. automotive-related, large equipment sales, building maintenance services, construction sales and services, and storage/warehousing), public and quasi-public, and other similar and compatible uses. This zone implements the commercial general plan land use category.

Professional Office (CP) zone. The CP Zone is intended to provide locations for professional offices, administrative offices and conditionally permitted residential complexes in a compatible environment. This zone implements the Commercial general plan Land Use Category.

Land use regulations for the Commercial Zones are established in Table 17.06.020: Land Use Regulations - Commercial Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

Specific Limitations:

1. Permitted if existing or located on upper stories or behind commercial uses and developed in accordance with Section 17.06.030, Residential Uses in Commercial Zones. conditional use permit approval is required for ground floor residential units along the street frontage.

2. conditional use permit approval required for facilities more than one acre in combined floor and use area. Shooting and archery ranges and motocross/ATV parks are prohibited.

3. Must be located within a legal residential structure. Prohibited in Accessory Dwelling Units.

   4. Must have a minimum of 500 square feet dedicated to retail sales and/or food and beverage tasting or serving.

4. Must have a minimum of 500 square feet dedicated to retail sales and/or customer service area. Outdoor storage of materials is

prohibited unless expressly allowed pursuant to conditional use permit approval where the review authority finds that the outdoor storage area is appropriately designed, located, and screened.

6. Permitted if located completely within an enclosed structure. administrative use permit approval is required to allow any outdoor activity or use.

Residential uses in commercial zones shall comply with the following:

A.

Location and Configuration Requirements.

1.

Residential units shall be located on upper stories or behind commercial uses.

2.

Commercial uses shall occupy the ground floor of buildings for a minimum of forty feet or twenty-five percent of the development site frontage, whichever is greater. These areas shall extend the entire depth of the building or a minimum of sixty-five feet, whichever is less.

3.

These requirements may be waived through conditional use permit approval where the planning commission finds that the configuration of the site and/or the character of the surrounding area is such that commercial street frontage is not appropriate or warranted.

B.

Detached Single Unit Size Limitation. Detached single dwelling units shall be limited to 1,500 square feet of living area.

Table 17.06.040, Development Regulations—Commercial Zones, prescribes the development regulations for the commercial zones. Section numbers in the additional regulations column refer to other sections of this title.

Chapter 17.07 - Industrial Zones

Sections:

The purposes of the industrial zones are as follows:

Light Industrial (M1) Zone. The M1 zone is intended to provide locations for a diverse range of light industrial and workplace uses in proximity to commercial and residential areas. Typical uses include light industrial activities such as processing, packaging, distribution, warehousing and storage, research and development, public and quasi-public, and other similar and compatible uses. This zone implements the industrial general plan land use category.

General Industrial (M2) Zone. The M2 zone is intended to provide areas for manufacturing, processing, storage, and similar industrial uses, including those which may create some objectionable conditions, subject to regulations needed to protect the surrounding area or adjoining premises. This zone provides for manufacturing, processing, assembly, research, wholesale, and storage uses, trucking terminals, and public and quasi-public uses, and similar and compatible uses. This zone implements the industrial general plan land use category.

Business Park (M4) Zone. The M4 zone is intended to provide a zone for a comprehensive employmentgenerating development and provide areas to accommodate business parks that center around basic employment-generating businesses and accessory and support services. This zone implements the industrial general plan land use category.

Land use regulations for the Industrial Zones are established in Table 17.07.020: Land Use Regulations - Industrial Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

1. conditional use permit approval required for facilities more than one acre in combined floor and use area. Shooting and archery ranges and motocross/ATV parks are prohibited.

Table 17.07.030, Development Regulations—Industrial Zones, prescribes the development regulations for the industrial zones. Section numbers in the additional regulations column refer to other sections of this title.

Chapter 17.08 - Public and Semi-Public Zones

Sections:

The purposes of the public and semi-public zones are as follows:

Public Service (PS) Zone. The purpose of the PS zone is to classify lands that are used for public purposes, public utilities, and for public agencies. Typical uses include public buildings and grounds, schools, community centers, libraries, airports, cemeteries, fire stations, sewer and water treatment facilities, solid and liquid waste disposal facilities, power substations, and other similar and compatible uses. This zone implements the public and institutional general plan land use category.

Recreation (REC) Zone. The REC zone is intended to serve as a zone for local and visitor-oriented recreation activities. Typical uses include destination resorts, regional recreational developments, parks and playgrounds, sports fields, recreation facilities, outdoor activity areas, and visitor and recreation-oriented retail and support services. This zone implements the commercial recreation general plan land use category.

Open Space (OS) Zone. The OS zone is intended for lands dedicated to open space purposes for managing unique, important, or significant natural and cultural resources, including undeveloped park lands, visually significant open lands, water areas, and wildlife habitat. These areas are typically set aside

as permanent open space preserves and may include trails, trail heads, and other facilities for low-impact recreational or agricultural uses.

Land use regulations for the Public and Semi-Public Zones are established in Table 17.08.020: Land Use Regulations - Public and Semi-Public Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the righthand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the righthand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

Table 17.08.030, Development Regulations—Public and Semi-Public Zones, prescribes the development regulations for the public and semi-public zones. Section numbers in the additional regulations column refer to other sections of this title.

Subtitle III: - Overlay Zones Chapter 17.09 - Airport Overflight (AO) Overlay Zone

Sections:

The purpose of the airport overflight (AO) overlay zone is to assure that construction, maintenance, or establishment of structures, uses or objects of natural growth will not constitute hazards to air navigation; to minimize public exposure to airport-related hazards; and to assure the compatibility of land uses within the vicinity of airports in the county.

The standards of this chapter apply to areas within the airport influence area of the Calaveras County Airport.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within the AO overlay zone in such a manner that would:

A.

Create a "hazard to air navigation" as determined by the FAA;

B.

Result in glare in the eyes of pilots using the airport;

C.

Make it difficult for pilots to distinguish between airport lights and others;

D.

Impair visibility in the vicinity of the airport;

E.

Create steam or other emissions that cause thermal plumes or other forms of unstable air;

F.

Create electrical interference with navigation signals or radio communication between the airport and aircraft;

G.

Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight; or

H.

Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

Those uses permitted in the base zoning district, subject to the limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

In addition to the development standards of the base zoning district, development in the AO overlay zone is subject to the requirements, limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

New development exposed to CNEL above 55 dB shall comply with the following standards:

A.

Single-Unit Residential Dwellings. New single-unit dwellings shall incorporate noise reduction design measures to achieve and maintain an interior noise level of CNEL 45 dB.

B.

Other Development. For new hotels, motels, apartment houses, and dwelling units except single-unit dwellings, an acoustical study shall be prepared by a board certified acoustical engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in 21 CCR § 5012.

The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the county.

A.

No object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted in the Calaveras County Airport Land Use Compatibility Plan.

B.

Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.

C.

Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirty-five feet above the surface of the land.

Any person proposing construction or alteration within the airport overflight overlay district shall submit notification of the proposal to the FAA if such construction or alteration exceeds any of the following height standards:

A.

Two hundred feet above ground level.

B.

The plane of an imaginary surface extending outward and upward at a slope of one hundred to one for a distance of twenty thousand feet from the nearest point of any runway.

An avigation easement shall be required as specified in the Calaveras County Airport Land Use Compatibility Plan.

If an avigation easement is not required, residential development within the primary or secondary overflight area indicated in the Calaveras County Airport Land Use Compatibility Plan, an overflight notification shall be recorded and made evident to prospective purchasers of the property as specified in the Calaveras County Airport Land Use Compatibility Plan.

Nonconforming land uses which were in existence prior to the effective date of this chapter may continue pursuant to the requirements of the Calaveras County Airport Land Use Compatibility Plan.

Chapter 17.10 - Environmental Protection (EP) Overlay Zone

Sections:

The purpose of the environmental protection (EP) overlay zone is to identify what protective measures may be necessary before new development can be approved on parcels or portions of parcels previously identified by the county as environmentally sensitive or flood-prone in environmental documents prepared by the county to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA).

The EP overlay zone may only be applied to areas previously identified as environmentally sensitive through a site-specific discretionary approval process or legislative action.

An environmental protection (EP) overlay zone shall be noted on the zoning map by adding the designation "-EP" to the base zone.

No use of land, development, or ground disturbance shall occur within the EP overlay zone except as follows.

A.

All use, development, and disturbance of land within the EP overlay zone shall be designed and sited to avoid disruption or degradation of the resource identified for environmental protection.

B.

All use, development, and disturbance of land within the EP overlay zone shall be consistent with all mitigation or resource protection plans previously prepared for the area. If no such plan exists, a resource protection plan shall be prepared by the applicant and approved by the reviewing department based on a site-specific assessment prepared by a qualified professional expert in the relevant field(s) that contains the following:

1.

An evaluation of the impact the use, development, or disturbance may have on the floodplain, inundation area, habitat, cultural resource, or other reason for application of the EP overlay zone and whether the proposed use, development, or disturbance will be consistent with the protection of the environmental resource.

2.

Feasible mitigation measures to protect the resource and a program for monitoring and evaluating the effectiveness of the mitigation measures. Mitigation measures shall be sufficient to reduce identified potentially significant impacts to a level of insignificance.

3.

If a new resource protection plan is required to be prepared under this section, the county department considering the application shall comply with CEQA (and, if applicable, NEPA) before approving the plan. The cost of the county's compliance shall be borne by the applicant.

Approval of the use, development, or disturbance of a site located within the EP overlay zone shall not occur unless the applicable review body first finds that:

A.

The review of the proposed use, development, or disturbance was undertaken in compliance with this chapter.

B.

A resource protection plan or mitigation plan as described in 17.10.040 has been approved for this project.

C.

To the extent a new resource protection plan or mitigation plan was approved for this project, its review and approval was undertaken in compliance with the California Environmental Quality Act and, if applicable, the National Environmental Policy Act.

D.

The proposed use, development, or disturbance complies with the approved resource protection plan or mitigation plan, and a copy of this approved plan is attached to these findings.

Chapter 17.11 - Design Review (DR) Overlay Zone

Sections:

The purpose of this chapter is to identify specific areas where Design Review pursuant to Chapter 17.29, Design Review, is required.

Design review pursuant to Chapter 17.29, Design Review, is required for uses and development within the boundaries of the design review (DR) overlay zone mapped on the official zoning map, including the following:

A.

Mokelumne Hill. Prescribed areas of Mokelumne Hill for which design review standards have been adopted by the Board of Supervisors.

B.

Other Areas. Other areas identified by the board of supervisors where, with community concurrence, design review standards have been developed and adopted with community input.

A design review (DR) overlay zone shall be noted on the zoning map by adding the designation "-DR" to the base zone.

Chapter 17.12 - Parcel Size Limitation (X) Overlay Zone

Sections:

The purpose of the parcel size limitation (X) overlay zone is to identify specific areas where minimum parcel size for a specific parcel is different than that of the zoning district in which the parcel is located.

The X overlay zone shall be applied to parcels subject to a specific parcel size limitation and prohibited from future subdivision. The X overlay zone may be used to identify the following:

A.

Density Transfer. Parcels for which the density has been transferred as a part of a planned unit development to other parcels.

B.

Common Area. Common area parcels that are a part of a planned unit development or subdivision map.

C.

Other. Parcels established for the purpose of mitigating or protecting biological, cultural, or other resources as a part of a planned development or subdivision map that is not intended to be further developed.

A parcel size limitation (X) overlay zone shall be noted on the zoning map by adding the designation "-X" to the base zone.

Chapter 17.13 - Mineral Extraction (ME) Overlay Zone

Sections:

This title is adopted pursuant to the California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, subchapter 1, Sections 3500 et seq.)

The county recognizes that the extraction of minerals is essential to the continued economic well-being of the county and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. Calaveras County also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. The purpose and intent of this chapter is to ensure that:

A.

There is continued availability of important mineral resources, while regulating surface mining operations.

B.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

C.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

D.

Residual hazards to the public health and safety are eliminated.

17.13.030 - Applicability.

A.

Except as provided in this chapter, no person shall conduct surface mining operations or land reclamation projects unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the county. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the county, including but not limited to, the application of CEQA, the requirement of development review, conditional use permits or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

B.

The provisions of this chapter shall apply to all lands within the jurisdiction of the county. It is the intent of the board of supervisors to apply the ME overlay zone to all existing and future mining operations requiring a reclamation plan. The county will initiate rezoning those operations currently subject to SMARA without the ME zone, and will require any future operation to concurrently apply for the ME zone with the reclamation plan.

C.

This title shall be continuously reviewed and revised as necessary in order to ensure that it is in accordance with SMARA.

This chapter shall not apply to the following activities:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

B.

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Section 21000 et seq.).

2.

The county's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

3.

The approved construction project is consistent with the general plan or zoning of the site.

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

C.

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial uses in the Calaveras County general plan.

2.

The plant site is located on lands zoned industrial or commercial.

3.

None of the minerals being processed are being extracted onsite.

4.

All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

D.

Prospecting for, exploration of, or extraction of minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less. The limitation on surface disturbance does not include the clearing or removal of brush and vegetation for access road, or erosion control. The limits are cumulative for any period of time and for any assessor parcel or contiguous ownership of surface rights and/or mineral rights, no matter what size parcel.

1.

Exploration operators shall prior to commencement of exploration activities submit a letter to the planning department indicating the extent of exploration activities planned, the assessor parcel number(s), and the section, township and range to the property upon which the activities will occur. Accompanying the letter the operator shall submit a USGS quadrangle map and applicable assessor parcel map(s) indicating the location of the activities.

2.

Exploration operators shall be responsible for notifying all local, state, and federal agencies and obtaining all permits as otherwise required for their proposed activities.

3.

Exploration operators shall backfill and reseed, with a seed mixture approved by the agricultural commissioner, all excavations they create; eliminate any noxious weeds introduced by the operator; and cover and seal all drill holes they create.

E.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

F.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

G.

The solar evaporation of sea water or bay water for the production of salt and related minerals.

H.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

I.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to onsite excavation or grading that occurs within one hundred feet of a class one watercourse or seventy-five feet of a class two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

The definitions set forth in this section shall govern the construction of this chapter.

A.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

B.

"Area of statewide significance" means an area designated by the state mining and geology board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate

incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

C.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

D.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space.

E.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

F.

"Idle" means surface mining operations curtailed for a period of one year or more, by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

G.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high-density residential, low-density residential with high unit value, public facilities, geographically limited but impact intensive industrial and commercial.

H.

"Mined lands" means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

I.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

J.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

K.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

L.

"Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

M.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, stream bed skimming, and segregation and stockpiling of mined materials (and recovery of same).

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and State regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain Calaveras County approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act

(January 1, 1976). All other requirements of state law and this chapter shall apply to vested mining operations.

A.

Applications for a development review, conditional use permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. Said application shall be filed in accord with this chapter and procedures to be established by the planning department. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director.

B.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for development review or conditional use permit for surface mining operations. For surface mining operations that are exempt from a conditional use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the Calaveras County planning department at one time.

C.

Applications shall include all required environmental review forms and information prescribed by the planning department.

D.

Upon completion of the environmental review procedure and filing of all documents required by the planning department, consideration of the reclamation plan and, if required, a development review or conditional use permit, for the proposed or existing surface mine shall made be pursuant to Chapter 17.27, Common Procedures, at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code.

E.

Within thirty days of acceptance of an application as complete for a reclamation plan and, if required, a development review or conditional use permit, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in zone A of the flood insurance rate maps issued by the Federal

Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

F.

The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the Calaveras County's CEQA Guidelines.

G.

Subsequent to the appropriate environmental review, the planning department shall prepare a staff report, including all comments received, with recommendations for consideration by the planning commission.

H.

The planning commission shall hold at least one noticed public hearing on the reclamation plan and, if required, the conditional use permit.

I.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously approve the conditional use permit. However, the planning commission may defer action on the conditional use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition that the planning department shall not issue the conditional use permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken by the planning commission on the reclamation plan and financial assurances.

J.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurance. The planning department shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. When the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning department shall be promptly forwarded to the operator/applicant.

K.

The planning commission shall then take action to approve, conditionally approve, or deny the reclamation plan and, if required, the conditional use permit, and to approve the financial assurances pursuant to PRC Section 2770(d).

L.

The planning department shall forward a copy of each approved reclamation plan and, if required, development review or conditional use permit, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the development review, conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

A.

All reclamation plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and state regulations (CCR Sections 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-3713).

B.

The county may impose additional performance standards either during review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include all of the following:

1.

The beginning and expected ending dates for each phase.

2.

All reclamation activities required.

3.

Criteria for measuring completion of specific reclamation activities.

4.

Estimated costs for completion of each phase of reclamation.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.

A.

Site Approvals. In addition to any findings required by the Calaveras County Zoning Code, conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 35003505, and Sections 3700-3713).

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the Calaveras County general plan and any applicable resource plan or element.

4.

That the reclamation plan has been reviewed pursuant to CEQA and the Calaveras County environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the county and the State Mining and Geology Board as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the county and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning department shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the county has reason to determine that additional costs may be incurred. The planning department shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the planning department. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial

licensed and qualified professionals retained by the operator and approved by the planning department. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial

assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the county or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the planning department each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

A.

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all conditional use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP detailing the proposed changes from the approved plan shall be submitted on forms provided by the planning department, and shall be processed as a minor amendment to the reclamation plan to be reviewed by the planning department.

B.

Upon receipt of a complete proposed IMP the planning department shall:

1.

Review the IMP for deviations from the original plan. Deviations determined by the planning director to be substantial shall require planning commission approval.

2.

Forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to the county taking any action on the IMP.

C.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning director, or the planning commission if deemed the reviewing body by the planning director pursuant to subsection (B)(1) of this section, shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The revised IMP shall be approved or denied within sixty days of receipt. If the IMP is denied, the operator may appeal that action to the appropriate body pursuant to Section 17.27.140, Appeals.

D.

An approved IMP for idle operations shall maintain the operation status of "active" for the purposes of Section 17.27.110, Effective Dates; Expiration and Extension.

E.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

F.

The IMP may remain in effect for a period not to exceed five years, at which time the planning director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

A.

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in the previous section, annual report requirements, to determine whether the surface mining operation is in compliance with the approved development review or conditional use permit and/or reclamation plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or stateregistered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve months, or other qualified specialists, as selected by the planning department. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B.

The planning department shall notify the State Department of Conservation within thirty days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable development review or conditional use permit, any required permit and/or the reclamation plan, Calaveras County shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the county code for revocation and/or abandonment of permits which are not preempted by SMARA.

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal. An appeal shall be filed to the appropriate body pursuant to Section 17.27.140, Appeals.

The board of supervisors shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the county, at the time of filing of the development review or conditional use permit application, reclamation plan application, and at such other times as are determined by the Calaveras County to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

A.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the Calaveras County general plan.

B.

In accordance with PRC Section 2762, the Calaveras County general plan and resource maps will be updated to reflect updated mineral information (classification and/or designation reports) within twelve months of receipt from the State Mining and Geology Board of such information. Land use decisions within the county will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

Chapter 17.14 - Planned Development (PD) Overlay Zone

Sections:

The purpose of this chapter is to establish a planned development (PD) overlay zone that provides for one or more properties to be developed under a PD plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A.

Promote cohesive and aesthetically pleasing development;

B.

Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations; and

C.

Promote innovation and creativity in building design and development concepts.

A planned development (PD) overlay zone shall be noted on the zoning map by adding the designation "- PD" to the base zone.

A PD overlay zone shall not be applied to a GF, TP, A1, or AP Zone.

No use other than an existing use is permitted in a PD overlay zone except in compliance with a valid PD plan.

A.

Any permitted or conditional use authorized by this title may be included in an approved PD Plan consistent with the general plan land use designation(s) for the property.

A.

Minimum Area. The minimum area of a PD overlay zone shall be five acres, except as provided below.

1.

Exception to Minimum Area Requirement. The board of supervisors may approve a smaller area if it finds that a PD overlay zone would provide greater benefits to the general welfare of the county residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

B.

Residential Unit Density. Except where a density bonus is granted in compliance with Section 17.16.070, Density Bonus, the total number of dwelling units in a PD overlay zone shall not exceed the maximum number permitted by the general plan density for the total area of the planned development designated for residential use.

C.

Other Development Standards. Other development standards shall be as prescribed by the PD overlay zone. Where the PD overlay zone is silent regarding particular development standards, the development standards of the applicable base zoning district shall apply.

Plans for a project in a PD overlay zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan and any conditions of approval or the PD overlay zone

development standards. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan and PD overlay zone.

Chapter 17.15 - Specific Plan (SP) Overlay Zones

Sections:

The purposes of this chapter are to:

A.

Identify areas where specific plans are required.

B.

Identify all the adopted specific plans that apply in the county and reference the regulations that apply.

The provisions of this chapter apply to all land designated future specific plan on the general plan land use map and all areas within plan boundaries of specific plans adopted by the county.

A.

Adopted Specific Plans. Once adopted pursuant to Chapter 17.40, Specific Plans, a specific plan shall govern all use and development of properties within the bounds of that specific plan.

1.

Where a specific plan is silent regarding development standards, the provisions of this title shall govern.

2.

When a use is not specifically listed as permitted in the specific plan, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the specific plan as permitted or not found to be substantially like a permitted use are prohibited.

3.

No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a specific plan, unless found by the planning director to be consistent with the adopted specific plan.

No subdivision of land is permitted and no new or expanded use shall be approved on land designated future specific plan on the general plan land use map unless it conforms to the provisions of an adopted specific plan.

A.

Land within designated future specific plan areas are intended to provide for mixed use, recreational-based development consistent with the maximum density and intensity limitations established in the general plan.

B.

Future specific plans are expected to include open space, buffers and other measures to preserve and protect biological and cultural resources, enhance public access to recreational assets and include a diverse range of housing types including multi-family housing where appropriate, consistent with the general plan.

The following is a list of the county's adopted specific plans, as enacted at effective date of this ordinance.

A.

Copper Mill Specific Plan. See the Copper Mill specific plan on file with the county.

B.

Saddle Creek Specific Plan. See the Saddle Creek (Calaveras County Club) specific plan on file with the county.

Subtitle IV: - countywide Regulations Chapter 17.16 - General Site Regulations

Sections:

The purpose of this chapter is to ensure development is consistent with the general plan, complies with the regulations of this chapter, and produces an environment that is compatible with existing and future development.

The regulations in this chapter shall apply to all zones, structures, and additions to structures specified in this chapter.

17.16.030 - Detached accessory structures.

A.

Applicability. The provisions of this section apply to roofed structures, including but not limited to garages, carports, barns, sheds, workshops, gazebos, and covered patios which are detached from and accessory to a primary building on the site. These provisions also apply to open, unroofed structures such as decks,

and trellises, that are over twenty-four inches in height and are detached from and accessory to a main building on the site.

1.

Accessory Dwelling Units. These provisions do not apply to accessory dwelling units, attached or detached, which are subject to the standards of Section 17.25.040, Accessory Dwelling Units.

B.

Relation to Existing Uses. A detached accessory structure may only be constructed on a lot on which there is a permitted main use to which the accessory structure is related except as follows.

1.

A maximum of one detached accessory structure with a maximum size of one hundred twenty square feet plus one detached accessory structure with a maximum size of five hundred seventy-six square feet may be allowed on a lot without a permitted main use provided neither is plumbed or electrified.

C.

Living Quarters Prohibited. The use of detached accessory structures as a dwelling unit is prohibited.

D.

Development Standards. Detached accessory structures shall meet the development standards of the zone in which they are located.

A.

Proof of Legal Access Required. Proof of legal access from the nearest public road, as indicated by recorded deed, parcel or subdivision map, or other document determined adequate by the planning director, shall be provided for all new construction and site alteration.

B.

Construction Standards. Required access shall be constructed in compliance with county standards and all applicable fire safety requirements of Title 15.

A proposed residential development that is located on slopes of fifty percent or more may be subject to one or more of the following requirements per the planning director:

A.

Increased lot size.

B.

Provisions for alternate access.

C.

Engineered or enlarged site plans showing slope; soil stabilization.

D.

Implementation of methods of erosion control.

E.

Grading plans prepared by a registered civil engineer.

F.

Permit denial until necessary requirements to ensure a stable, safe, and adequate building site are taken.

A.

Purpose. To prevent irreversible destruction of the county's historic resources, this section is intended to:

1.

Establish the county's local register of historically important buildings and structures for purposes of determining what buildings or structures in the county qualify for application of the alternative standards set forth in the State Historical Building Code (California Health and Safety Code § 18950 et seq.).

2.

Establish the county's local register of historically important buildings and structures for purposes of determining which proposals to demolish, alter or relocate such buildings or structures require further review before a demolition or building permit is issued by the county.

3.

Set forth standards for reviewing and, if applicable, protecting qualifying historical buildings and structures.

4.

Implement the Mills Act.

B.

Applicability.

1.

This chapter applies to exterior alteration to, demolition, or relocation of buildings or structures that are:

a.

Listed on the National Register of Historic Places or the California Register of Historic Resources; or

b.

Have been determined by the state historical resources commission to be eligible for listing on the National Register of Historic Places or the California Register of Historical Resources; or

c.

At least seventy-five years old and meet one or more of the following criteria:

i.

Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; or

ii.

Associated with the lives of persons important to local, California or national history; or

iii.

Embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possess high artistic value; or

iv.

Have yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation; and

v.

Have not been altered in a manner that substantially diminishes historic significance or integrity of the resource. Integrity, as used in this section, means the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

C.

Determination and Review Procedure.

1.

The planning director shall be responsible for determining whether a building or structure proposed for alteration, demolition, or relocation meets the criteria of subsection 17.16.060.B.1, consulting appropriate resource including but not limited to the county archivist.

2.

Notwithstanding any other provision of this title, any appeal of the planning director's determination under this subsection shall be limited to determining whether or not the director correctly identified the building or structure as qualifying under subsection 17.16.060.B.1.

D.

Mills Act Applicability. Owners of designated landmarks and historic resources identified under subsection 17.16.060.B.1 may apply to the county for a Mills Act contract pursuant to procedures adopted by resolution of the board of supervisors. Such owners may qualify for property tax relief if they pledge to maintain and/or rehabilitate the historical and architectural character of the property for a minimum ten-year period. Contracts are automatically renewed for one year each year and are transferred to new owners when the property is sold.

E.

Local Register of Historical Buildings and Places.

1.

The county, through adoption of the ordinance from which this chapter is derived, hereby establishes a register of historic resources that includes all buildings and structures that are:

a.

Listed on the National Register of Historic Places or the California Register of Historic Resources; or

b.

Have been determined by the state historical resources commission to be eligible for listing in the National Register of Historic Places or the California Register of Historical Resources; or

c.

At least seventy-five years of age and have been determined by the county to be of historical significance pursuant to subsection 17.16.060.B.1.c and that have been identified through the review process of subsection F below.

2.

Buildings, structures, places, and other cultural resources may be added to the local register of historic resources through the procedure established be subsection 17.16.060.F or as may be identified through cultural resources analysis performed pursuant to the California Environmental Quality Act for discretionary project applications submitted to the county.

3.

A property owner may voluntarily request to have building, structure, or place added to the local register of historic resources if such resource meets the criteria for listing as determined by the planning director as described in subsection 17.16.060.B.1.

F.

Additional Review Required For Demolition, Alteration or Relocation of Historical Buildings; Application of State Historical Building Code.

1.

Prior to issuing a demolition permit or a building permit for an alteration or relocation of a building or structure, the building official shall request the planning director's determination of whether or not the demolition, alteration or relocation as proposed involves a building or structure as described in subsection 17.16.060.B.1.

2.

If the proposed project affects a building or structure as described in subsection 17.16.060.B.1, the chief building official shall not issue a demolition permit or a permit for alteration or relocation until a conditional use permit as described in subsection 17.16.060.G has first been applied for and approved by the planning commission concerning the proposed demolition, alteration or relocation activity.

3.

If the proposed project affects a building or structure as described in subsection 17.16.060.B.1, the chief building official shall apply the State Historic Building Code (California Health and Safety Code § 18950 et seq.) to its review of any demolition permit or permit for alteration or relocation pertaining to that building or structure.

G.

Limited Scope Conditional Use Permit.

1.

Unless the proposed demolition, alteration or relocation activity is part of a land use project that independently requires a discretionary land use approval by the county, review of the application for a conditional use permit under this chapter shall be limited to a review of potentially significant impacts to the listed historical building or structure as described in subsection 17.16.060.H.

2.

If, upon the review described in subsection 17.16.060.H, it is determined that carrying out the proposed demolition, alteration or relocation activity will result in one or more potentially significant impacts to the listed historical building or structure, conditions of approval may be required.

3.

If, upon the review described in subsection 17.16.060.H, it is determined that conditions of approval will not suffice to reduce the potential impacts to the listed historical building or structure to less than significant, the application may be denied.

Review under the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) prior to approval of a conditional use permit under this chapter shall, to the extent allowable by law, be limited in scope to reflect the limited scope of discretionary review authorized by this chapter. CEQA and/or NEPA compliance shall be the responsibility of the planning director.

5.

If the proposed demolition, alteration or relocation activity is part of a land use project that independently requires a discretionary land use approval through the planning department, the planning commission, or other county department, the review required pursuant to this section shall be added to the review required for this other discretionary land use approval and subsection G.4 above shall not apply. All discretionary use permit applications and procedures under subsection 17.16.060.F that trigger the application of this chapter shall be processed as conditional use permits under Chapter 17.31 of the county code, with review by the planning commission.

6.

Except as otherwise stated in this chapter, the application, review, and hearing procedures for permits issued under this chapter shall be the same as those described in Chapter 17.27 of this title.

H.

Panel Review of Limited Scope Conditional Use Permit Applications Under This Chapter.

1.

After an application for a limited scope conditional use permit under this chapter has been submitted to the planning department and deemed complete, the application shall be reviewed and reported on within thirty days by a panel consisting of the following:

a.

The planning director or their designee;

b.

The chief building official or their designee; and

c.

A designee of the Calaveras County Historical Society.

2.

The panel shall be charged with the following tasks, which shall culminate in a written report to the planning director:

a.

Determine in writing whether the proposed demolition, alteration or relocation activity will result in one or more potentially significant impacts to the listed historical building or structure described in subsection 17.16.060.B.1. In making this determination, the panel shall utilize the significance criteria described in 14 Cal. Code Regs. Sections 15064.5(b)(1)—(3).

b.

If potentially significant impacts are identified to buildings or structures described in subsection 17.16.060.B.1, describe them in writing.

c.

If potentially significant impacts are identified pursuant to subsection 17.16.060.B.1, the panel shall describe in writing what, if any, requirements or conditions can be feasibly imposed as a condition of the county's approval of the proposed activity that will reduce impacts to the point of insignificance.

i.

In developing these requirements and conditions, the panel shall consider the guidelines in the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties (1992).

ii.

The panel shall not impose conditions that exceed those necessary to reduce the identified impacts to the point of insignificance.

iii.

If the panel identifies more than one potential condition that could feasibly be imposed to reduce an identified impact to the point of insignificance, the panel shall present these as options that the applicant may choose from.

iv.

A requirement or condition that would result in a violation of this title or of other local, state, or federal laws, ordinances, or regulations, including but not limited to the State Historical Building Code, cannot be feasibly imposed.

d.

State in writing whether or not the imposition of the requirements or conditions described in subsection 17.16.060.F.2.c will mitigate all identified impacts to the point of insignificance.

3.

After receiving the panel's report, the planning director shall develop and submit their recommendations for CEQA compliance and permit issuance to the planning commission for review. The staff report developed for the planning commission hearing on the limited scope conditional use permit shall include the report of the panel described in subsection 17.16.060.H.2.

I.

Planning commission review of limited scope conditional use permit.

1.

The planning commission shall not approve the limited scope conditional use permit without:

a.

A finding that CEQA has been complied with.

b.

A finding that the approval of the permit is consistent with the general plan and any applicable community plan.

c.

A finding that the proposed activity involves a structure or building described in county code subsection 17.16.060.B.1.

d.

A finding that the commission has read and considered the report prepared by the review panel pursuant to subsection 17.16.060.H.2.

e.

An explanation of what conditions of approval, if any, will be imposed and why they are required to reduce potential impacts to the historical characteristics of the building or structure to the point of insignificance.

2.

Conditions of project approval shall be limited to those measures or requirements that are necessary to reduce or eliminate the impacts to the historical characteristics of the building or structure as described in this chapter. No conditions shall be imposed for which there is not a reasonable relationship between the condition and the direct effects of the project on the historical characteristics of the building or structure.

J.

Maintenance and Repair.

1.

Nothing in this section prohibits the ordinary maintenance and repair of any exterior feature of any building or structure on property listed in the local register; however, such maintenance or repair shall not involve a change in the design or result in the modification, demolition or removal of any architectural feature of the property.

The prohibitions of this section shall not apply to the demolition of a structure that has been damaged due to a natural disaster and the structure presents an imminent threat to the public or damage to adjacent property, as determined by the building official; or when the state office of historic preservation determines, pursuant to California Public Resources Code Section 5028 that the structure may be demolished, destroyed, or significantly altered.

(Ord. No. 3213, § 1, 1-14-2025)

17.16.070 - Density bonus.

A.

Purpose. The purpose of this section is to implement the State Density Bonus Law, California Government Code Section 65915.

B.

Applicable Zoning Districts. This section shall be applicable in all zones that allow residential uses.

C.

Qualifications. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

D.

Density Bonus, Incentives and Concessions. The county shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

E.

Application. An application for a density bonus or other incentive under this section for a housing development shall be submitted in writing to the planning department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this section, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development; and

2.

The total number of housing units proposed in the development project, including unit sizes and number of bedrooms; and

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site; and

4.

The total number of units to be made affordable to or reserved for sale or rental to, very low, low, or moderate income households, or senior citizens, or other qualifying residents; and

5.

The zoning, general plan designations and assessor's parcel number(s) of the project site; and

6.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

7.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

F.

Review and Consideration. The application shall be considered by the planning commission or board of supervisors at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the planning commission or the board of supervisors, the request being made under this section shall be considered by the planning director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

G.

Continued Affordability. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density bonus or other incentives being approved for a project, the county and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

A.

Setback Requirements. Setbacks required by zoning district standard, subdivision approval, specific use standard, development approval, or other regulation or approval pursuant to this title shall be unobstructed from the ground to the sky except where allowed pursuant to a specific development approval or identified as an allowed encroachment below.

1.

Allowed Encroachments into Required Setbacks. Unless limited by another regulation or permit requirement, the following may encroach into required setback areas subject to all applicable requirements of the building code, fire safety codes, and other applicable codes and regulations.

a.

Eaves and Overhangs. Eaves, overhangs, and similar architectural features may project up to ⅓ the required setback, but shall project no closer than three feet from the property line.

b.

Accessways and Utilities. Roads, driveways, or walkways; parking areas; utility poles and lines; guy wires; and similar features.

c.

Landscaping and Incidental Furnishings. Flag poles, landscaping, planters, incidental yard furnishings, and similar features.

d.

Fences and Walls. Fences, retaining walls, decorative walls, arbors, trellises, and similar features, subject to applicable requirements of Title 15, Building and Construction.

e.

Docks. Docks permitted by tri-dam authority or other applicable authorities.

f.

Mechanical Equipment. Mechanical equipment such as heating and air conditioning units, and generators no closer than three feet from property line. All mechanical equipment located within the required front setback must be screened with landscaping or a solid fence.

g.

Propane Tanks. Propane tanks may encroach provided they are located in compliance with Section 6104 of the California Fire Code. All propane tanks located within the required front setback must be screened with landscaping or a solid fence.

h.

Water Tanks (less than five thousand gallons). Water tanks with a capacity under five thousand gallons.

i.

Structures to Ensure Safe Access. In sloped areas, parking decks, staircases, and other structures determined necessary by the planning director may encroach into the required front setback in order to provide safe access.

j.

Small Shed. One shed less than one hundred twenty square feet in size and less than twelve feet in height, and not requiring a building permit, may encroach within the required interior side and rear setback areas.

B.

Stream and Wetland Setbacks. All new development shall be setback a minimum fifty feet from the top of bank line of an intermittent or perennial stream and from the outer edge of wetland habitat determined by a field survey. This required setback may be adjusted with administrative use permit approval where the planning director determines, based on a qualified biologist's recommendation, that a different setback is appropriate to adequately protect the stream or wetland from degradation, encroachment, or loss.

1.

Development. For the purposes of this section, development is as defined in Chapter 17.43, Definitions, and includes structures, buildings of any type, swimming pools, driveways, parking areas, patios, platforms, decks, liquid storage tanks, and broken concrete rubble, earth fill or other structural debris or fill.

2.

Exceptions. The only activities and development allowed within the required setback are the following when located, developed, and conducted consistent with the general plan, other county policy documents, or environmental documents and, where applicable, approved by the county and any other governmental agency having jurisdiction over them.

a.

Agricultural activities that utilize best management practices (BMPs), as recommended by the agriculture commission.

b.

Fencing that does not interfere with the flow of waters or identified wildlife migration corridors.

c.

Access necessary for the maintenance of the property and/or allowed uses and development.

d.

Drainage facilities designed to eliminate or minimize increases in the rate and amount of stormwater discharge.

e.

Vegetation cutting or removal for normal maintenance, related to restoration and enhancement of the stream and riparian habitat, and/or to permit adequate flow of water, facilitate drainage, prevent flooding, and/or comply with fire safe regulations. Such cutting or removal of vegetation shall be limited to the minimum amount necessary, with special care to avoid removal of vegetation immediately adjacent to the banks of the stream or wetland.

f.

Fill, grading, or excavating for purposes of low intensity, passive recreation or conservation uses designed and executed to minimize erosion, sedimentation, or runoff in or into the stream or wetland.

g.

Minor restoration or maintenance necessary to prevent flooding, reduce siltation, remove debris, and minor weed abatement activity necessary to protect life or property or otherwise provide for the public health and safety.

3.

Dedication of Drainage and Scenic Easements. The county may, as a condition of a development permit or subdivision, require the dedication of a drainage and/or scenic easement over and maintenance of each stream channel within the top of each bank or such other distance as specified by the review authority to avoid excavation, filling, development or construction that could adversely affect the public health and safety by aggravating drainage flows during flooding conditions or interfering with the stream or wetland habitat.

C.

Agricultural Buffers.

1.

Purpose. The purpose of the agricultural buffer requirement is to provide for the long-term viability of agricultural operations and minimize potential conflicts between agricultural uses and new, non-agricultural development and uses.

2.

Required Buffer. New residential dwellings, residential dwelling building sites, and structures or outdoor areas designed for residential habitable space shall maintain a buffer separation from any lot line of any lot in the resource production general plan land use category.

3.

Buffer Size. The size of the buffer separation shall be a minimum of 400 feet. This buffer requirement may be adjusted with administrative use permit approval where the planning director determines, in consultation with the agricultural commissioner that:

a.

Specific site characteristics exist such as topography, prevailing winds, vegetation, and other site features provide adequate buffering such that the required setback is not necessary to promote and protect agriculture and protect public health and safety; or

b.

Site constraints such as size and configuration are such that the required buffer is infeasible, and the reduced setback provides the maximum feasible buffer from the agricultural use.

4.

Use of Buffers.

a.

Agricultural buffers shall not be used for dwellings, structures designed for human occupancy, or outdoor areas designed for intensive human use.

b.

The agricultural buffer shall incorporate vegetative or other physical barriers as determined necessary to minimize potential land use conflicts.

c.

Agricultural buffers may accommodate drainage, trails, roads, other facilities or infrastructure, landscaping, and other uses that would be compatible with ongoing agricultural operations.

Antennae, chimneys, poles, silos, stair towers, roof top mechanical equipment and associated screening,

and safety devices may exceed the maximum permitted height for the zoning district in which they are located, subject to limitations within the airport overflight overlay zone and other limitations within this title. Stair towers and mechanical equipment shall not exceed the maximum permitted height for the zoning district in which they are located by more than ten feet.

A.

Purpose. The purpose of this section is to enhance the character of our communities and rural areas by minimizing light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures or luminaires. The intent of the following standards is to ensure that outdoor lighting does not constitute a hazard or danger to persons or vehicular travel and to prevent glare and light trespass on adjacent properties and light pollution in the night sky. To ensure a continued ability to enjoy the night sky and minimize conflicts with neighbors, it is necessary to adopt standards for outdoor lighting to accomplish the following objectives:

1.

Encourage a less light-oriented nighttime environment for residents, businesses, and visitors, consistent with the concurrent need for nighttime safety, security, and productivity.

2.

Require a reduction in unnecessary light intensity and glare, while minimizing light pollution and trespass onto adjacent properties.

3.

Protect the ability to view the night sky by restricting unnecessary upward projections of light.

4.

Promote energy conservation and a reduction in greenhouse gas emissions that can result from excessive or unwanted outdoor lighting.

B.

Applicability. The standards of this section apply to all new or replaced outdoor luminaires, light fixtures, and/or systems and to existing lighting as provided below unless specifically exempted below or required pursuant to any other applicable code or regulation.

1.

Existing Lighting. Adjustable light fixtures that can be redirected without requiring replacement or reconstruction of the fixture shall be redirected to prevent glare and light spillover onto adjacent properties consistent with the requirements of this section.

2.

New and Replaced Lighting. The standards of this section apply to all new or replaced outdoor luminaires, light fixtures, and/or systems, except as specifically exempted pursuant to Subsection B.3, Exemptions.

3.

Exemptions. The following lighting is exempt from the provisions of this section.

a.

Lighting not under the jurisdiction of the county

b.

Safety and Security Lighting. Security lighting necessary for public safety facilities.

c.

Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

d.

Temporary Seasonal Lighting. Temporary seasonal lighting displays related to cultural or religious celebrations.

e.

Luminaries with a maximum output of sixty lumens, including solar lights.

f.

Underwater lights used to illuminate swimming pools, spas, fountains, and other water features.

g.

Temporary lighting for agricultural activities of a limited duration.

C.

Prohibitions. The following types of exterior lighting are prohibited.

1.

Searchlights. The operation of searchlights and/or laser lights for advertising purposes.

2.

Mercury Vapor. The operation of mercury vapor lights for any purpose.

3.

Low Pressure Sodium. Low pressure sodium lights in residential and commercial zones.

4.

Any lights operated in such a manner as to constitute a hazards or danger to persons or vehicular travel.

D.

General requirements.

1.

Compliance With State Codes & Regulations. All lighting installations shall comply with the currently adopted versions of the California Energy Code, California Green Building Standards Code, and all other codes, regulations, & laws applicable to lighting projects with respect to efficiency, lighting controls, minimum & maximum light levels, and other considerations governed by such codes.

2.

Maximum Light Levels at Property Lines. The light level at property lines shall not exceed 0.1 foot-candles, except as provided below or where allowed through the approval of a conditional use permit.

a.

Abutting or Within a Commercial or Industrial Zone. Where a property is located within a commercial or industrial zone and the neighboring property is located within a commercial or industrial zone, the

maximum lighting level at the shared property line shall be ¼ foot-candles.

3.

Shielding. All outdoor light fixtures shall be fully shielded or full cut off, except as provided below or as specifically stated in another part of this code.

a.

Decorative string lights are not required to be shielded.

b.

Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass.

c.

Partially shielded light fixtures are allowed provided the light source is obscured by translucent glass or other means, the light fixture does not exceed eight hundred fifty lumens, and the lighting complies with all other provisions of this section.

d.

Unshielded light fixtures may be allowed provided the light source is obscured by translucent glass or other means, the light fixture does not exceed six hundred lumens, and the fixture is located within a covered porch or under a roofed area where no upward directed lighting may escape.

4.

Glare Prevention. All lights shall be selected, directed, and oriented to prevent light spillover and glare onto adjacent properties. No unobstructed beam of exterior light shall be directed off-site.

5.

Timing Controls. All outdoor lighting in nonresidential development shall utilize a time clock, photo-sensor, motion controls, and/or other lighting control systems to prevent operation during daylight hours, when the building or site is not in use, and when the lighting is not required for security except as follows.

a.

Code Required Lighting. Building, emergency, or other construction and safety code required lighting for steps, stairs, walkways, entrances, parking areas, and other building and site features that is dimmed to the minimum light level necessary to meet code requirements.

6.

Kelvin. Light fixtures for outdoor security lighting shall not exceed 5,000 Kelvin. All other outdoor light fixtures shall not exceed 3,500 Kelvin.

7.

Maximum Height. Lighting fixtures shall be installed at the lowest height required to achieve the design purpose of the lighting fixture.

a.

Building Mounted. Light fixtures shall not exceed the height of the building upon which it is attached.

b.

Freestanding Light Fixtures. The maximum height of freestanding light fixtures and lighting fixtures mounted on a structure or feature other than a building is as follows:

i.

Within and/or within twenty-five feet of a residential zone: sixteen feet from finished grade.

ii.

Other locations: thirty feet from finished grade.

c.

Exceptions: The director may allow additional height of up to twenty percent of the allowed height for activities, uses, or development with unique lighting needs where the additional light fixture height will not appreciably interfere with the enjoyment of the night sky on nearby properties.

8.

Uplighting. Uplighting is allowed for government flags and commemorative objects such as statues and plaques with a narrow beam focused on the top of the flagpole or commemorative object, subject to the following standards.

a.

Flagpoles less than fifty feet in height: maximum four hundred lumens.

b.

Flagpoles fifty feet or more in height: maximum five hundred lumens.

c.

Statues, plaques, and other commemorative objects: maximum three hundred lumens.

9.

Sign Illumination. Sign illumination shall be in compliance with Section 17.24.090, Illumination.

E.

Submittal of Plans and Evidence of Compliance. Any application for a permit that includes outdoor light fixtures subject to the standards of this section shall include evidence that the proposed outdoor lighting will comply with all the standards of this section. The application shall include:

1.

Plans showing the location and height of all outdoor lighting fixtures.

2.

Description of the outdoor lighting fixtures including luminaire, lamp or bulb type, wattage, lumen output, temperature rating, and shielding.

3.

Photometric plans showing foot-candle readings every ten feet within the property or site and ten feet beyond the property lines, except as provided below.

a.

Applications for outdoor lighting associated with residential development and property-owner installed lighting are not required to submit photometric plans unless requested by the director due to project location, size, use, and proposed lighting.

4.

The above plans and descriptions shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this section have been met.

17.16.110 - Non residential outdoor storage.

A.

Applicability. The standards of this section shall apply to storage of goods, materials, machines, equipment, and inoperable vehicles or parts outdoors for more than seventy-two hours.

B.

Location. Outdoor storage shall be located entirely within the parcel and outside of pedestrian ways, parking, and circulations areas, and required landscaped areas.

C.

Perimeter Fencing Required. There shall be a minimum six-foot-high, minimum eighty percent solid fence around the perimeter of outdoor storage areas located within, or within fifty feet of, a residential or commercial zoning district.

Any legally existing agriculture land use (farming, ranching, orchard, livestock, row crops, food processing) is considered to have a right to enjoy the productive and economic fruits of labors without fear of infringement on this right by encroaching residential or other non-agriculture development on adjoining parcels and lands in the general vicinity. The right to farm shall take precedence over all other adjoining and nearby land uses.

Swimming pools, spas, and any manmade body of water having a depth of more than eighteen inches and related equipment shall comply with the following standards.

A.

Location of Swimming Pool or Spa. The inside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from any property line.

B.

Location of Pool or Spa Related Equipment. Aboveground pool or spa related equipment, including, but not limited to motors, filters, slides, shall comply with the standard setbacks of the zoning district or be located a minimum of five feet from the property line, whichever results in a lesser required setback.

C.

Location of Pool or Spa Related Structures. Awnings, outbuildings, and other structures associated with the swimming pool or spa, are required to comply with the standard setbacks of the zone district.

A.

Purpose. The purpose of this section is to reduce potential vehicle conflicts at public intersections and private driveways through the regulation of obstructions that may interfere with the view of approaching traffic.

B.

Applicability. The regulations in this section shall apply to all corner parcels and to all parcels containing or abutting a parcel containing a right of way easement, or driveway.

C.

Measurement of Visual Clearance Area. The required visual clearance area shall be determined as follows:

1.

Corner Parcels. On corner parcels, the visual clearance area shall consist of a triangle having two sides thirty-five feet long, running along each right of way or roadway, said length beginning at their intersection,

and the third side formed by a straight line connecting the two ends. See Figure 17.16.140, Visual Clearance Area.

2.

Parcels Containing or Abutting a Right of Way Easementor Driveway. On parcels containing or abutting a parcel containing a right of way easement or driveway, the visual clearance area shall consist of a triangle having two sides thirty-five feet long, running along each side of the driveway/right of way easement and the edge of the roadway, said length beginning at their intersection, and the third side formed by a line connecting the two ends. See Figure 17.16.140, Visual Clearance Area.

3.

Obstructions in Visual Clearance Area. It is unlawful to install or maintain any view obstructing structure, fence, wall, hedge, or other obstacle between two feet, six inches and eight feet above the nearest roadway surface or right of way easement within the required visual clearance area.

==> picture [456 x 218] intentionally omitted <==

FIGURE 17.16.140: VISUAL CLEARANCE AREA

Chapter 17.17 - Cannabis Retailers

Sections:

A.

It is the purpose and intent of this chapter to regulate, in compliance with the Medicinal and Adult Use of Cannabis Regulation and Safety Act (hereinafter "MAUCRSA", Section 26000 et seq. of the California Business and Professions Code), the retail sales of cannabis from licensed cannabis retailers within the unincorporated area of Calaveras County to consumers of non-medical cannabis and to qualified patients, persons with an identification card and/or primary caregivers of medical cannabis.

B.

The purpose and intent of this chapter is also to regulate, permit, and control cannabis retailers within the county in order to protect the public health, safety, and welfare of county residents; and to reduce or eliminate any adverse public health, safety, welfare, and environmental effects of new and existing cannabis retailers in the county.

C.

The purpose and intent of this chapter is also to reduce conditions that create public nuisances by enacting reasonable regulations including, without limitation, restrictions as to the location and type of cannabis retailers to more effectively control the potential adverse impacts associated with cannabis retailers.

D.

Any ambiguity in this chapter should be construed in whatever manner best effectuates this intent.

A.

The regulations in this chapter shall apply to the location, permitting, and operation of cannabis retailers in zoning districts where such use is authorized under the Calaveras County Code.

B.

The current provisions of this chapter shall supersede any prior provisions of this chapter, and the provisions of this chapter shall apply regardless of whether any of the activities they regulate existed or occurred prior to the adoption of this chapter.

C.

Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis retailer from compliance with any other applicable county zoning and land use regulations or any other applicable provisions of the Calaveras County Code.

D.

Nothing in this chapter is intended, nor shall it be construed, to exempt cannabis retailers from any and all applicable local and state environmental, structure or land use standards or permitting requirements.

E.

Nothing in this chapter shall be construed to authorize any use, possession, cultivation, sale, transfer, transport, or distribution of cannabis or cannabis products in interstate commerce or that is in violation of State law, Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17), of this title.

F.

Nothing in this chapter is intended nor shall it be construed to preclude a landlord from limiting or prohibiting cannabis use, cultivation, retail sales, or other related activities by tenants within the limits of state and local law, whether the cannabis activity is commercial or non-commercial.

G.

A separate permit pursuant to this chapter is required for each premises on which an applicant proposes to own or operate a cannabis retailer within the county, and there shall be no more than one cannabis retailer premises per parcel.

H.

Except when citing to various sections or past versions of this chapter, all references to laws and ordinances shall be interpreted as applying equally to any subsequent amendments made to such laws and ordinances.

Unless defined separately in this chapter, or unless it is apparent from the context that they have a different meaning, all terms shall have the same meaning as they do in Chapter 17.43, Definitions.

A.

"Applicant" means a person or entity who has submitted a cannabis retailer administrative use permit in accordance with this chapter.

B.

"Cannabis accessories" shall have the same meaning as it does in B&P Section 26001.

C.

"Cannabis products" shall have the same meaning as it does in B&P Section 26001.

D.

"Licensed cannabis retailers" means cannabis retailers that have a state-issued "retailer" license as described in B&P Section 26070.

E.

"Landowner", "land owner", "parcel owner" or "property owner" means the person or entity identified as the owner on the recorded deed for the parcel.

F.

"Permittee" or "permit holder" means a person or entity with an administrative use permit issued under this chapter.

G.

"Premises" shall have the same meaning as it does in B&P Section 26001.

H.

"Pre-existing permitted medical cannabis retailers" means cannabis retailers that have been operating as medical cannabis dispensaries under an administrative use permit issued pursuant to the 2005 version of this chapter.

I.

"Self-distribution license" refers to the subtype of "transport only" distributor license described in 16 C.C.R.§ 5315.

J.

"State-issued license" means a license issued by the state under MAUCRSA.

K.

"State licensing authority" shall have the same meaning as "licensing authority" as defined in B&P Section 26001.

L.

"Type 10 state retailer license" is a state-issued cannabis retailer license for retailers who have storefronts

that are open to the public. It is distinguishable from a "Type 9 retailer license", which is issued to nonstorefront retailers which are not open to the public and which conduct sales exclusively via delivery.

M.

"Validated", in the context of a permit issued under this chapter, shall mean an action of the planning director indicating compliance with all provisions of this chapter and that an appropriate cannabis license has been issued by the state of California.

17.17.040 - Nuisance declared; Non-compliant cannabis retail activities prohibited.

All cannabis retailers, except as provided in this chapter, are unlawful in all zoning districts and a public nuisance that may be abated and subject to enforcement pursuant to Section 17.17.130, Enforcement; Fines; Liability to Pay Costs and Fines, and Chapter 8.06, Property Maintenance and Administrative Enforcement Procedures, of the Calaveras County Code, or, without limitation, as otherwise permitted by law.

17.17.050 - Cannabis retailer administrative use permit; General provisions and minimum requirements.

A.

Before a person or entity initiates operations for a new cannabis retailer the person or entity shall apply to the planning department and receive from the county a cannabis retailer administrative use permit, pursuant to Chapter 17.30, administrative use permits, on the terms and conditions set forth in this chapter.

New cannabis retailers shall not begin operations before the administrative use permit is approved and validated.

B.

Cannabis retailers shall be located only in the CP (professional office) zoning district.

C.

Cannabis retailers shall provide separation of one thousand feet from the property line from any of the following uses in existence at the time the initial application is deemed complete. The distance shall be measured in a straight line from the property line of the use to the closest property line of the parcel containing the premises.

1.

A park.

2.

A school providing instruction in kindergarten or any grades one through 12, as defined by Health and Safety Code Section 11362.768(h).

3.

A day care center, as defined by Health and Safety Code Section 1596.76, or a family day care home, as defined by Health and Safety Code Section 1596.78.

4.

A youth center, as defined by Health and Safety Code Section 11353.1(e)(2).

5.

The County Central Library and its branches.

D.

The fact that an applicant possesses other types of state or county permits, licenses, or other entitlements does not exempt the applicant from the requirement of obtaining an administrative use permit from the county to operate a cannabis retailer within the jurisdiction of the county.

E.

A commercial cannabis retailer shall be limited to the following commercial cannabis activities, and no commercial cannabis activities, other than the following, shall be permitted on a parcel containing a cannabis retailer:

1.

Self-distribution of cannabis cultivated on the parcel in compliance with California Code of Regulations, Title 16 Section 5315 and pursuant to a state license.

2.

Cannabis cultivation pursuant to a permit issued under Chapter 17.18, Regulation of Commercial and Noncommercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17), and pursuant to a conforming state license.

3.

Cannabis retail sales pursuant to this chapter and pursuant to a Type 10 state retailer license.

4.

Deliveries in conformance with MAUCRSA for a Type 10 licensee.

F.

Non-storefront retailers, as described in California Code of Regulations, Title 16 Section, 5414, are prohibited.

G.

No cannabis retailer permit will be issued or renewed for a parcel until the parcel is cleared of all violations described under Chapter 8.06, Property Maintenance and Administrative Enforcement Procedures, of the Calaveras County Code.

A.

All applicants for cannabis retailer administrative use permits shall submit a complete application on a form(s) provided by the planning director.

B.

The planning director, in consultation with the division of cannabis control, shall develop criteria for what information and documents shall be submitted to constitute a complete cannabis retailer administrative use permit application but, at a minimum, shall include:

1.

Contact information for the permittee and, if different, the landowner.

2.

An emergency contact who can be reached on a 24/7 basis and who can quickly provide access to the premises in the event of an emergency.

Written landowner consent.

4.

A fully executed indemnification agreement as described in Section 17.17.120, Indemnification.

5.

The premises diagram submitted to or to be submitted to the state pursuant to California Code of Regulations, Title 16, Section 5006.

6.

The operating procedures submitted to or to be submitted to the state as part of the cannabis retailer application pursuant to California Code of Regulations, Title 16, Section 5002, including but not limited to the transportation, inventory, quality control, security, and delivery procedures described in Forms BCCLIC-015, 016, 017, 018, and 020.

7.

Written consent to inspections by enforcement officials, which may be conducted randomly without prior notice or by first notifying the permittee.

8.

For an entity applicant or entity landowner, adequate evidence of signature authority.

C.

Regardless of whether or not an administrative use permit has already issued pursuant to this chapter, any changes to the information provided in the application required under this chapter shall be reported in writing to the planning department within three business days.

D.

Applications submitted under this chapter shall be processed pursuant to Chapter 17.30, administrative use permits, and shall be subject to the payment of applicable fees.

E.

For the purpose of informing the state that a licensure applicant and their associated premises is eligible to qualify to participate in the county's cannabis retailer program as described in this chapter, a letter of conditional authorization from the county may be issued by the planning department in conjunction with a permit. A letter of conditional authorization is not a substitute for a permit under this chapter and does not itself authorize any commercial cannabis activities to take place in the county. If the permit is not timely validated, or if it is revoked, the county will issue a subsequent letter rescinding the conditional authorization and informing the State that permittee is no longer eligible to engage in commercial cannabis retailer activities in the county.

F.

The burden of proving the accuracy of parcel, premises, or cultivation site boundaries for the purpose of establishing whether or not a parcel, premises, or cultivation site meets the setback, separation, size, or locational requirements, or any other provision of this chapter for which a determination of parcel, premises, or cultivation site boundaries might be determinative shall be borne by the applicant/permittee and not by the county. In the event of a dispute, evidence sufficient to satisfy the burden of proof shall require, at a minimum, a survey performed by a person licensed to practice surveying in the state.

A.

An administrative use permit for a cannabis retailer and/or self-distribution may be issued by the planning department to an eligible applicant with an eligible premise who has not yet received a state license; but the permit will not be validated, and commercial cannabis activities will remain prohibited on the premises, until:

1.

The planning department receives a copy of the applicant's state retailer and/or transport only selfdistribution license for the premises, including any conditions or restrictions imposed by the state, and

2.

The planning department verifies that all permit eligibility criteria and, if applicable, permit conditions have been met.

B.

Permit applications under this chapter may be denied, and permits issued pursuant to this chapter may be revoked, for failure to comply with the conditions of project approval and/or with Title 17 of the county code, including this chapter, and/or for any of the following reasons:

1.

The applicant, after receiving a permit, fails or refuses to inform the county of alterations to the property or operations that would compromise the original permit approval, has submitted false or misleading information as part of the application, fails to comply with the permit conditions, or either fails to obtain or loses through revocation any other required local, county, regional, or state permit or license that is related to the property where the administrative use permit is issued.

2.

After issuance of the permit, the county discovers that approving the permit violated a county, State, or local law or regulation, or the permit was otherwise issued in error.

3.

Failure to timely pay fees established in this chapter.

Failure to pay the tax as described in Chapter 3.56, Commercial Cannabis Cultivation and Cannabis Wholesale and Retail Activity Tax, of the county code or to comply with all provisions of that chapter that apply to the cannabis activities occurring on the parcel.

C.

The planning director's written determination shall be served by mail to the last permittee address provided by the permittee, with a statement of factual and/or legal reasons for the determination.

D.

If a permit is revoked pursuant to this section, the planning director's shall notify the State Bureau of Cannabis Regulation pursuant to Business and Professions Code Section 26200 as well as the Calaveras County Sheriff.

E.

Revocation of a permit under this chapter does not in any way operate to limit any existing power of the county to simultaneously or subsequently enforce county ordinances, to abate any and all nuisances, or employ any remedy available at law or equity with respect to the parcel, including but not limited to the nuisance abatement and enforcement provisions of Title 8, Health and Safety, of the county code, or Chapter 17.41, Enforcement.

The planning director's decision on an application for an administrative use permit or renewal of an administrative use permit under this chapter may be appealed pursuant to Chapter 17.30, Administrative Use Permits.

A.

administrative use permits for cannabis retailers will be issued with specific premises indicated on the permit, with the same boundaries as the premises for which the State retailer license is issued.

B.

The permitted premises shall, at all times, be in full compliance with MAUCRSA, state regulations implementing MAUCRSA, and all conditions of the permittee's state commercial cannabis license for the same premises.

C.

Reserved.

D.

The parcel on which the cannabis retailer is located shall remain in compliance with all applicable laws and regulations.

E.

Permittees shall not sublet any portion of the permitted premises.

F.

A cannabis retailer shall at all times be operated in such a way as to ensure the health and safety of employees, independent contractors, vendors, distributors, visitors, customers, neighboring property owners, and end users of cannabis and to safeguard against the diversion of cannabis across State lines or to any other market or end user deemed unlawful under MAUCRSA.

G.

A cannabis retailer shall have and maintain at all times a current, valid Type 10 state license in good

standing. Permittees shall have a continuing duty to notify the planning department and the Calaveras County Sheriff within three business days of:

1.

Any modification of their State-issued commercial cultivation license or of any denial, suspension, revocation, or non-renewal of the license.

2.

Any modification to any of the information provided in the application materials provided to the planning department pursuant to Section 17.17.060, Cannabis Retailer Application Requirements; Processing; Changes.

H.

Any citation issued to a retailer under B&P Section 26134, or any seizure of cannabis or cannabis products from a retailer under B&P Section 26135, shall be reported to the planning department and the Calaveras County Sheriff within three business days of the permit holder receiving the citation.

I.

Permittees shall notify the Calaveras County Sheriff's Office of any theft, loss, or criminal activity as required under California Code of Regulations, Title 16, Section 5036.

J.

The operator shall provide the name, physical address, mailing address, contact phone number and written consent, on a form provided by the planning department, of a willing, competent, adult individual who permanently resides within thirty miles of the site to serve as a twenty-four-hour emergency contact for law enforcement, fire, utility, and county personnel and who has the means and authorization to provide these personnel access to the site in an emergency. Changes to this contact person and/or information shall be reported in writing to the planning department within three business days of any change.

K.

The permit holder shall possess and maintain a current, valid business license issued by the county pursuant to Title 5, Business Taxes, License and Regulations, of the Calaveras County Code.

L.

The permit holder shall not allow cannabis in any form to be smoked, ingested, vaped, or otherwise consumed on the premises of the retailer.

M.

Pursuant to B&P Section 26160(c), the permit holder shall comply with any request by a county enforcement official to inspect the premises or the records of the retailer.

N.

The permit holder shall secure the premises in accordance with the security plan submitted to and approved by the state as part of his/her/its licensure application, a copy of which shall be submitted to the Calaveras County Sheriff.

O.

The retailer and any cannabis cultivation on the parcel shall be in a lawful, permitted structure(s) that is enclosed by four walls and a roof, and which has window coverings or screens that reasonably prevent all cannabis and cannabis products from being viewed by members of the public present on public roads, public lands, or public properties.

P.

The permit holder shall not, without the written pre-approval of the planning director (and, as required by law, the state licensing body), materially or substantially change or alter the premises, the usage of the premises, or the mode or character of business operation conducted from the premises. A "material or substantial" physical change to or change in use of the premises shall include, but not be limited to, a substantial increase or decrease in the total area of the licensed premises previously diagrammed, or any other physical modification resulting in substantial change in the mode or character of business operation. Should a modification or alteration require a change to the permit holder's state license, the revised license shall be provided to the planning director within three business days of its issuance.

Q.

Any armed security personnel employed by the permittee to patrol the parcel shall be registered by the California Bureau of Security and Investigative Services. Notice that armed security is or will be employed on the parcel shall be provided to the Calaveras County Sheriff.

R.

If the planning department receives a written revocation of landowner consent to a cannabis retailer permit, the planning department shall send written notice to the permittee at the mailing address provided on the permit application. The cannabis retailer permit shall be automatically revoked thirty days after the planning department mails this notice.

S.

A permit holder shall not engage in interstate commerce as it relates to cannabis and shall be in compliance with state law and Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17).

(Ord. No. 3214, § 1, 1-28-2025)

17.17.100 - Pre-existing permitted medical cannabis retailers.

A.

Pre-existing permitted medical cannabis retailers may continue to engage in all medical cannabis activities allowed under that permit until it expires, so long as the activities are in full compliance with state law.

B.

In order to continue cannabis sales and, if applicable, cultivation after expiration of a pre-existing medical cannabis dispensary permit, retailers shall comply with the terms of this chapter.

C.

Before the expiration of their current administrative use permits, pre-existing permitted medical cannabis retailers may apply under this chapter for modified administrative use permits to engage in the broader range of retail cannabis activities allowed under the current version of this chapter, including retail sales of non-medical cannabis. Any pre-existing administrative use permits shall expire as of the date of the validation of the new administrative use permits.

17.17.110 - Cannabis cultivation and self-distribution on same parcel as cannabis retailer.

A.

Cultivation.

1.

No commercial cannabis cultivation shall occur on a parcel containing a cannabis retailer without the cannabis retailer also obtaining and maintaining a separate commercial cannabis cultivation permit under Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17). The cultivation shall occur on a premises that is separated from the retail premises by walls in accordance with state law. The cannabis cultivation premises must always comply with Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17).

2.

To continue any cannabis cultivation activities on the parcel after the expiration of their current permit, preexisting permitted medical cannabis retailers must file a complete application for a commercial cultivation permit pursuant to Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation

and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17). If the commercial cultivation permit is denied or revoked, all cultivation shall cease on the parcel.

B.

Self-Distribution. A person or entity who receives a commercial cannabis cultivation permit under Chapter 17.18, Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17), and who also receives a state self-distribution license as described in California Code of Regulations, Title 16, Section 5315, may engage in the activities allowed under the self-distribution license so long as these activities involve only that cannabis lawfully cultivated pursuant to the applicant's county cannabis cultivation permit.

As a condition of issuing a permit pursuant to this chapter, the applicant and, if different, the parcel owner shall execute a standard agreement provided by the county to defend, indemnify, and hold harmless the county and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, boards, planning commission or board of supervisors arising from the county's review and issuance of a permit for the site. The indemnification shall apply to any damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers, and employees in connection with such action.

17.17.130 - Enforcement; Fines; Liability to pay costs and fines.

A.

Inspections of the premises shall be conducted by county enforcement officials at least yearly, and may be conducted randomly, without prior notice, or by first notifying the permittee. The county may conduct additional inspections if determined necessary by enforcement officials. Inspections may continue to be conducted after denial of an application and during the pendency of any appeals to ensure compliance with the provisions of the chapter.

B.

Any commercial cannabis retail activity, except as authorized pursuant to this chapter, shall be a misdemeanor that shall be subject to injunction, abatement or any other administrative, criminal or civil remedy available to the county under applicable state and county laws, including but not limited to Government Code Sections 25845 and 53069.4, Business and Professions Code Section 26038, and Chapters 8.06, Property Maintenance and Administrative Enforcement Procedures, of the county code, and Chapter l7.30, administrative use permits.

C.

Each person or entity violating this chapter shall be liable for a separate violation for every day during which a storefront is open for retail business or delivery service is available after a notice of violation and order to abate is served upon the property owner and/or the person or business entity responsible for the violation.

D.

The operator of the illegal retailer and the owner(s) of the parcel on which the violation is found to exist shall be jointly and severally liable for all administrative costs and actual abatement costs incurred by the county in enforcing the provisions of this chapter.

E.

In addition to costs of administrative enforcement and costs of abatement incurred by the county in enforcing this chapter, any person or business entity, and property owner that has been served a notice of violation and fails to comply with an order to abate shall be assessed a fine in the amount of one thousand dollars per day.

F.

Nothing herein shall be read, interpreted, or construed in any manner to limit any existing right or power of the county to enforce county ordinances and regulations, to abate all nuisances, or to employ any remedy available at law or equity.

G.

Notwithstanding the fact that this chapter involves retailer premises rather than cultivation premises, citations for violations of this chapter may be issued and served in accordance with the expedited cannabis cultivation enforcement procedures under Section 8.06.700, Alternative Notice of Violation, Citation, and Appeal Procedure for Violations Related to Cannabis Cultivation On a Property; Establishment of Office of county Hearing Officer, et seq. of the County Code, and these expedited procedures shall apply to violations of this chapter.]

H.

Issuance of a warning shall not be a requirement prior to enforcement of any provision of this chapter.

The county may impose by board of supervisors resolution such fees as are reasonably necessary to recoup the county's cost in administering and implementing the provisions of this chapter, including, but not limited to capital expenses and staff costs for processing applications, issuing permits, administrative adjudication of staff decisions, and administrative enforcement.

Chapter 17.18 - Regulation of Commercial and Non-commercial Cannabis Cultivation and Commerce (Except for Cannabis Retailers Pursuant to Chapter 17.17)

Sections:

A.

It is the purpose and intent of this chapter to allow limited regulated cannabis cultivation and other commercial cannabis activities, the goal being to preserve the public peace, health, safety, and general

welfare of the citizens of Calaveras County and the environment while retaining the ability of cannabis consumers to have access to cannabis in the county.

B.

It is also the purpose and intent of this chapter to develop reasonable regulations to prevent commercial cannabis cultivation in higher-density residential zones and to minimize its impact on residents but to also provide those state-compliant commercial medical cannabis cultivators who complied with the May 10, 2016 version of this chapter an opportunity to apply for a commercial cannabis cultivation permit under this current Chapter and, if necessary, to either apply for compatible zoning districts for their parcels, relocate to available parcels with compatible zoning, or transfer their permit or right to apply for their permit to another qualified person or entity with an eligible and compliant site.

C.

It is also the purpose and intent of this chapter to reduce conditions that create public nuisances by enacting regulations including, without limitation, restrictions as to location, type, size, and operation of cannabis cultivation premises to more effectively control the adverse impacts on county residents and the environment associated with cannabis cultivation and other commercial cannabis activities.

D.

It is also the purpose and intent of this chapter to develop reasonable regulations for non-commercial cannabis cultivation protected under State law to preserve the public peace, health, safety, and general welfare of the citizens of the county and the environment.

E.

It is also the purpose and intent of this chapter to promote a robust and well-regulated cannabis industry in Calaveras County by regulating the testing, and distribution of cannabis and cannabis products.

F.

Any ambiguity in this chapter should be construed in whatever manner best effectuates this intent.

G.

Except when citing to various sections or past versions of this chapter, all references to laws and ordinances shall be interpreted as applying equally to any subsequent amendments made to such laws and ordinances.

Unless the context clearly indicates a different meaning, the definitions in this section are intended to apply to this chapter only. Any term which is not specifically defined for purposes of this chapter shall have the definition, if any, provided by Title 17 of the Calaveras County Code or elsewhere within the county code.

A.

"A-type" has the same meaning as "A-license" in B&P § 26001.

B.

"Accessory use" or "accessory" has the same meaning as in county code Chapter 17.43.

C.

"Adoption of this chapter" means the day on which the board of supervisors votes to adopt this chapter.

D.

"Applicant" means a person who has submitted an application for a cannabis activity permit pursuant to this chapter.

E.

"B&P" means California Business and Professions Code.

F.

"Cannabis" shall have the same meaning as it does in B&P § 26001. "Cannabis" shall also include "cannabis products" as defined in B&P § 26001, which includes both "edible cannabis products" as defined in B&P § 26001 and topical cannabis, meaning a cannabis product that is applied to the skin.

G.

"Cannabis activity permit" means a permit issued under this chapter authorizing cannabis commerce in the form of distribution or testing, or a permit authorizing cannabis cultivation, each as defined and provided for in this chapter.

H.

"Cannabis distribution" shall have the same meaning as "distribution" in B&P § 26001.

I.

"Cannabis manufacturing" shall have the same meaning as "manufacture" in B&P § 26001.

J.

"Cannabis processing" shall have the same meaning as "processing" in 3 CCR § 8000.

K.

"Canopy" shall have the same meaning as it does in 3 CCR § 8000 except that it shall also apply to immature cannabis cultivated by nurseries.

L.

"Carbon dioxide equivalent" or "C02e" means the number of metric tons of C02 emissions with the same global warming potential as one metric ton of another greenhouse gas, and is calculated using Equation A- 1 in 40 CFR Part 98.

M.

"Caregiver" or "primary caregiver" shall have the same meaning as it does in H&S § 11362.7.

N.

N. "CCR" means California Code of Regulations.

O.

"Child resistant" shall have the same meaning as it does in B&P § 26001.

P.

"Clerk" shall mean, unless otherwise specified, clerk of the office of county hearing officer.

Q.

"Code" or "county code" means the Calaveras County Municipal Code.

R.

"Co-location" means multiple premises on a single parcel.

S.

"Commercial cannabis activity," or "cannabis activity," refers to the cultivation, manufacture, distribution, laboratory testing, transport, storage, possession, processing, labeling, dispensing, sale, or other activities involving cannabis that are subject to state licensure under the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), state regulations implementing MAUCRSA, and their subsequent amendments.

T.

"Cannabis cultivation permit" or "cultivation permit" means a permit issued under this chapter to statelicensed commercial cannabis premises within the county, thereby allowing the cultivation to occur at that location by an applicant.

U.

"Costs of enforcement" or "enforcement costs" means all costs, direct or indirect, actual or incurred related to the performance of various administrative acts required pursuant to the enforcement of this chapter, which include but are not limited to: administrative overhead, salaries and expenses incurred by county officers and enforcement officers, site inspections, investigations, evidence storage, notices, telephone contacts and correspondence, as well as time expended by county staff in calculating the above expenses. The costs also include the cost of time and expenses associated with bringing the matter to hearing, the costs associated with any appeals from any decision rendered by any hearing body, hearing officer or court, the costs of executing an abatement warrant, and all costs associated with removing, correcting or otherwise abating any violation, including costs of collecting administrative penalties of this chapter.

V.

"County" means the County of Calaveras.

W.

"Cultivation" shall have the same meaning as it does in B&P § 26001, whether referring to commercial or non-commercial cannabis.

X.

"Cultivation activity" means activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, whether referring to commercial or non-commercial cannabis.

Y.

"Cultivation site" shall have the same meaning as it does in 3 CCR § 8000.

Z.

"Delivery" shall have the same meaning as it does in B&P § 26001.

AA.

"Dispensing," "dispensary," or "cannabis dispensary" refers to the premises from which a cannabis retailer, as defined in B&P § 26070, conducts commercial activities related to the retail sales and delivery of cannabis, as well as the actions involved in conducting such activities. "Cannabis dispensary" also has the same meaning as it does in Chapter 17.43 of the Calaveras County Code.

BB.

"Distribution" shall have the same meaning as it does in B&P § 26001.

CC.

"Distributor permit" or "cannabis distributor permit" shall mean and refer to a local permit issued under this chapter authorizing distribution of cannabis under a state license. This permit type is distinct from the authorization provided in Section 17.18.050.E for activities allowed under a state issued self-distribution license as described in 16 CCR § 5315(c). A county issued Distributor Permit may be "general" (allowing the full scope of activities the state allows under a Type 11 license), "transport only" (allowing the full scope of activities the state allows under a Type 13 license) or "limited" (as further described in Section

17.18.050.F.8, authorizing the full scope of activities the state allows under a Type 11 license but restricting the permittee to distribution only of his/her own cannabis cultivated under a separate cultivation permit.

DD.

"Distributor" shall have the same meaning as it does in B&P § 26070.

EE.

"Division of cannabis control" shall mean the county division of cannabis control charged with implementation of this chapter.

FF.

"Dwelling," for purposes of this chapter, means a building intended for human habitation that has been legally established, permitted, constructed, and for which a certificate of occupancy has been issued as a single-family or multi-family dwelling.

GG.

"Effective date" means the date on which the ordinance adopted by the board of supervisors goes into effect pursuant to the Government Code § 25123. However, "effective date," when referring to a fee, means the date on which the fee is in effect and can be collected pursuant to Government Code § 66016 et seq.

HH.

"Enforcement officer" or "enforcement official" means a county code enforcement officer, the county agricultural commissioner, the county Sheriff, or a department head who is authorized by county code to enforce this title or other title of the Calaveras County Code, or the authorized deputies or designees of any of these officials, each of whom is independently authorized to enforce this chapter.

II.

"H&S" means California Health and Safety Code.

JJ.

"Immature" has the same meaning as it does in 3 CCR § 8000.

KK.

"Indoor cultivation" shall have the same meaning as it does in 3 CCR § 8000.

LL.

"Labeling" shall have the same meaning as it does in B&P § 26001.

MM.

"Land disturbance" shall have the same meaning as it does in Attachment A to the State Water Resources Control Board's Cannabis Cultivation Policy.

NN.

"M-type" shall have the same meaning as "M-license" in B&P § 26001.

OO.

"Manufacture" or "manufacturing," when referring to medical cannabis, has the same meaning as it does in B&P § 26001.

PP.

"Mature" has the same meaning as it does in 3 CCR § 8000.

QQ.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

RR.

"Medical cannabis" shall have the same meaning as "medicinal cannabis" as defined in B&P § 26001.

SS.

"Minor" or "minors" means a person or people under twenty-one years of age. "Minor" or "minors" does not include a person or people between eighteen and twenty years of age who use medical cannabis in compliance with the Compassionate Use Act (CUA), Medical Marijuana Program Act (MMPA), and MAUCRSA.

TT.

"Mixed-light cultivation" shall have the same meaning as it does in 3 CCR § 8000.

UU.

"Multi-family dwelling" is a "dwelling" containing multiple private residences.

VV.

"Non-commercial cannabis" or "non-commercial," as used in this chapter, refers to any cannabis cultivation within the restrictions of Section 17.18.050.C.

WW.

"Non-medical cannabis" refers to all cannabis that is not "medical cannabis".

XX.

"Nursery," when referring to cannabis, shall have the same meaning as it does in 3 CCR § 8000.

YY.

"Outdoor cultivation" shall have the same meaning as it does in 3 CCR § 8000.

ZZ.

"Owner," or "landowner" when referring to the owner of the parcel, means the person(s) identified as the owner on the recorded deed for the parcel.

"Owner," when referring to a person holding an ownership interest in a cannabis operation, shall have the same meaning as it does in B&P § 26001.

AAA.

"Parcel" means any unit of real property that may be separately sold in compliance with the subdivision map act (commencing with § 66410 of the Government Code).

BBB.

"Park" means a parcel or parcels of land owned and operated by a public agency, fraternal organization, or non-profit organization, which contains an outdoor area that is open to the public and devoted to recreational uses such as sports fields, picnic areas, and playgrounds.

CCC.

"Permittee" means a person that has been issued a permit under this chapter to engage in a cannabis activity within the unincorporated areas of Calaveras County.

DDD.

"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group, combination, or business entity acting as a unit, whether organized as a non-profit or for-profit entity, and includes the plural as well as the singular number.

EEE.

"Personal cultivation" means that cultivation of cannabis for personal use that is allowed under MAUCRSA and the provisions of this chapter.

FFF.

"Plant" has the same meaning as "live plants" in B&P § 26001 and its subsequent amendments.

GGG.

"Possessing" or "possession," when referring to cannabis, has the same meaning as it does for purposes of the Health and Safety Code.

HHH.

"Premises" has the same meaning as it does in B&P § 26001.

III.

"Primary caregiver" shall have the same meaning as it does in H&S § 11362.7.

JJJ.

"Private residence" means a "dwelling" as defined in this chapter; or an individual unit of a multi-family dwelling; or a temporary dwelling as provided in Chapter 17.23 of the County Code to the extent it houses victims eligible for relief due to a currently declared disaster.

KKK.

"Processor" shall have the same meaning as it does in 3 CCR § 8201.

LLL.

"Retailer" shall have the same meaning as it does in B&P § 26070.

MMM.

"Security fencing" means fencing at least six feet in height with a lockable gate that is reasonably designed and installed to prevent unauthorized entry by trespassers and children. Security fencing made of plastic material shall not be penetrable by a knife.

NNN.

"Separation" means the horizontal distance that is required between a cultivation site or parcel and the parcel boundary of a sensitive use, as required in Section 17.18.090.Q.

OOO.

"Setback" means the horizontal distance that is required between a cannabis cultivation site and the nearest property line of a parcel that is not owned or leased by the permittee.

PPP.

"State" means the state of California.

QQQ.

"State license," shall mean a state license issued pursuant to California Business and Professions Code Section 26000 et seq.

RRR.

"Testing" or "laboratory testing," when referring to cannabis, has the same meaning as "testing laboratory" as defined in B&P § 26001.

SSS.

"Testing permit," or "cannabis testing permit," shall mean a local permit issued under this chapter authorizing testing of cannabis under a state license.

TTT.

"Total canopy area" means the gross area of all canopy on the premises.

UUU.

"Transport," "transporting," or "transportation," refers to the transporting of cannabis and cannabis products between holders of state-issued licenses under MAUCRSA.

VVV.

"Utility-provided water" means water service provided to the parcel by a water district or similar entity providing water from a surface or ground water source and regulated by the state of California or the county of Calaveras. It does not mean an entity that uses vehicles to transport water to a property.

WWW.

"Validated" means the division of cannabis control has determined and noted on the commercial cannabis activity permit that a permittee has met all permit conditions to the point where commercial activities may commence or be re-activated on the premises as described in Section 17.18.080. With respect to use permits, it also refers to the permit validation process described in Chapter 17.27 of the county code.

17.18.030 - Relationship to other local and state laws.

A.

It is intended that the provisions of this chapter will supersede any other provisions of the Calaveras County Code found to be in conflict and shall apply regardless of whether the activities existed or occurred prior to the adoption of this chapter.

B.

For the purpose of informing the applicable state agencies that a licensure applicant and their associated premises are eligible to participate in the county's cannabis cultivation and commerce program as described in this chapter, a letter of conditional authorization from the county shall be issued by the division of cannabis control if the applicant currently meets all eligibility criteria in Section 17.18.050.D except for subsections 8 and 9 for cultivation and Section 17.18.050.F, except for subsections 3 and 4 for testing and distribution. A letter of conditional authorization is not a substitute for a permit under this chapter and does not itself authorize any commercial cannabis activities to take place in the county. If the permit is not timely validated, or if it is revoked, the county will issue a subsequent letter rescinding the conditional authorization and informing the state that permittee is no longer eligible to participate in the commercial cannabis cultivation or commerce activity in the county.

C.

Nothing in this chapter is intended nor shall it be construed to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants within the limits of State and local law, whether the cannabis activity is commercial or non-commercial. If the division of cannabis control receives a written revocation of landowner consent to a commercial cannabis activity permit, the planning department shall send written notice to the permittee at the mailing address provided on the permit application. The commercial cannabis activity permit shall be automatically revoked thirty days after the planning department mails this notice.

D.

No cannabis cultivation activity or premises (or any portion thereof) shall be deemed "agriculture," "agricultural," "agriculturally," "agribusiness," "agritourism," "farm," or "farming" for any purpose in which

these words are used—either alone or in conjunction with other words or phrases—in any portion of Titles 6, 14, 15, 16, or 17 of the Calaveras County Code except as expressly provided in this chapter. In addition, no cannabis cultivation premises shall be deemed a "home occupation" as that term is used in this title 17.

E.

Cannabis cultivation shall not form the basis for any person to apply with the county to enter into a Williamson Act contract pursuant to California Government Code Section 51200 et seq.; however, a landowner who otherwise qualifies for a Williamson Act contract due to another qualifying agricultural operation on the property at issue shall not be denied a Williamson Act contract solely because cannabis is also cultivated on the property.

F.

The burden of proving the accuracy of parcel, premises, or cultivation site boundaries for the purpose of establishing whether or not a parcel, premises, or site at which a cannabis activity will be conducted meets the setback, separation, size, or locational requirements, or any other provision of this chapter for which a determination of parcel or cultivation site boundaries might be determinative shall be borne by the applicant/permittee and not by the county. In the event of a dispute, evidence sufficient to satisfy this burden of proof shall require, at a minimum, a survey performed by a person licensed to practice surveying in the state of California.

17.18.040 - Nuisance Declared; Cannabis cultivation and commercial cannabis activities prohibited.

All cannabis cultivation and all commercial cannabis activities, except as provided in Section 17.18.050, Allowable Cannabis Activities, as well as other standards of this chapter, are unlawful in all zones and a public nuisance that may be abated and subject to enforcement pursuant to Section 17.18.160, Enforcement; Fines; Liability to Pay Costs and Fines, and Chapter 8.06, Property Maintenance and Administrative Enforcement Procedures, of the county code. This section shall not affect the right to use or possess cannabis as authorized by state law.

The following cannabis activities are allowed:

A.

Dispensaries/Retailers. A lawful, permitted cannabis dispensary (retailer) operating in compliance with MAUCRSA and Chapter 17.17, Cannabis Retailers.

B.

Transportation by State-Licensed Out-Of-County Distributors to and from Locally Permitted Cannabis Dispensaries and Commercial Cannabis Cultivators.

1.

The lawful transportation of cannabis by an out-of-county licensed cannabis distributor (holding a current, valid Type 11, Type 12, or Type 13 license or similar temporary or provisional license pursuant to

MAUCRSA) to or from a State-licensed and locally permitted cannabis dispensary (retailer) in compliance with MAUCRSA and with Chapter 17.17, Cannabis Retailers.

2.

The lawful transportation of cannabis by an out-of-county licensed cannabis distributor (holding a current, valid Type 11, Type 12, or Type 13 license or similar temporary license pursuant to MAUCRSA) to or from a State-licensed and locally permitted cannabis cultivation premises in compliance with MAUCRSA and this chapter.

C.

Non-Commercial Cannabis Cultivation. The non-commercial cultivation of non-medical cannabis by person(s) aged 21 or older, or the non-commercial cultivation of medical cannabis by person(s) aged 18 years or older in compliance with state law is exempt from the permit requirements of this chapter, provided that such cultivation complies with state law and with all the following requirements:

1.

Not more than six live cannabis plants may be cultivated per private residence, regardless of:

a.

Whether the cannabis is medical or non-medical;

b.

Whether the cannabis is grown inside the private residence or in an accessory structure thereto or outdoors on the grounds of a residence;

c.

The size or maturity of the plant(s); or

d.

The number of non-medical users, medical users, or primary caregivers residing together in the private residence.

2.

An outdoor non-commercial cannabis cultivation site shall be set back a minimum of seventy-five feet from the closest property line separating parcels that are not contiguously owned.

3.

Indoor non-commercial cannabis cultivation sites shall be in full compliance with all other applicable requirements of the county code, the lighting requirements of Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, California Building Standards Code, and applicable state laws and local fire district ordinances.

No cultivation is permitted within the common areas of a multi-unit dwelling, residential development, mobile home park, or similar residential arrangement.

5.

The cannabis plants and any cannabis produced by the plants shall be kept in a space fully enclosed by security fencing or a structure, and securely locked, using a child resistant lock, in a manner designed to reasonably prevent access to the cannabis by trespassers and children. The plants shall not be visible by normal unaided vision from a public place, as required by Health and Safety Code Section 11362.2.

6.

There shall be at least one dwelling as defined in this chapter (or a temporary dwelling as provided in Chapter 17.23, Post-Disaster Recovery, on any parcel on which non-commercial cannabis is cultivated.

7.

Each person cultivating non-commercial cannabis shall maintain their residence in a dwelling on the parcel on which the cultivation occurs.

D.

Commercial Cannabis Cultivation. The commercial cultivation of cannabis by applicants who meet all the following criteria:

1.

The applicant:

a.

Timely submitted an application for commercial cannabis cultivation registration under the terms of the May 10, 2016 version of this chapter, or held a medical cannabis dispensary use permit under Chapter 17.17, Cannabis Retailers, as enacted in 2005;

b.

Did not withdraw the application or have it denied or revoked by the county;

c.

Applied for a temporary cultivation license from the state by June 7, 2018 for the cultivation site identified in Section 17.18.050.D.1(a), and either received that license or was denied the license only because of the county's subsequent cultivation ban;

d.

Never had the temporary license for that premises suspended or revoked by THE State.

2.

The applicant, if applying for an outdoor or mixed-light cultivation permit, owns a parcel or contiguous parcels, or leases all or part of a parcel on which they apply to cultivate, conforming to the following requirements:

3.

The applicant, if applying for an indoor cultivation permit, owns or leases a parcel conforming to the following requirements:

The applicant has and maintains notarized written landowner consent to engage in commercial cannabis cultivation activities on the parcel.

5.

The applicant has never owned or leased a parcel at a time when cannabis was eradicated from it by the county pursuant to a warrant issued by the superior court.

6.

The applicant has never:

a.

Received a citation from the county for unlawful cultivation pursuant to Section 8.06.700, of the county code, or

b.

Provided written consent for some other person or entity to cultivate cannabis on a parcel owned or coowned by the applicant, followed by that other person or entity receiving a citation from the county for unlawful cultivation pursuant to Section 8.06.700, of the county code.

c.

This does not apply if the person or entity who received the citation was subsequently exonerated by the county or an appropriate appellate authority.

7.

The person or entity is not delinquent in paying any county taxes, fees, or penalties due on any commercial cannabis activity within the county.

8.

The person or entity applies for and receives the appropriate type of commercial cannabis cultivation permit required under this chapter.

9.

The person or entity has and maintains a county business license for the premises.

10.

The person or entity and the premises are and remain in compliance with all applicable provisions of the county code.

11.

The person or entity is and remains in compliance with all applicable provisions of MAUCRSA and all applicable state regulations implementing MAUCRSA.

The premises are able to meet the operating restrictions described in Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, for the type of permit applied for.

13.

If cultivating indoors on a parcel with zoned professional office (CP), the person or entity has a current, valid permit pursuant to Chapter 17.17, Cannabis Retailers, and is and remains in compliance with all provisions of that chapter.

14.

The number of cultivation permits any one person or entity may apply for under this chapter shall be restricted to the number of premises for which that person or entity met the criteria described in Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, except that:

a.

The person or entity may transfer some or all their rights to apply as described in this section to a successor-in-interest who qualifies, and whose premises qualifies, with all provisions of this chapter except for Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions; or

b.

The person or entity may acquire additional rights to apply from those who have them but do not wish to exercise them; and

c.

The applicant shall have the burden of establishing to the satisfaction of the division of cannabis control how many premises he/she/it has a right to apply for pursuant to this section.

15.

Any person who meets the eligibility criteria under Section 17.18.050.D or who has acquired eligibility pursuant to Section 17.18.050.D.14 or Section 17.18.100 may, in addition to applying for these permit types, also apply for one cannabis processor permit from the division of cannabis control.

16.

Any unexercised right to apply for a cultivation permit, whether held by an applicant who meets the eligibility criteria under Section 17.18.050.D.1 or an applicant who has acquired eligibility pursuant to Section 17.18.050.D.14, that has not been utilized as part of a complete application submitted under Section 17.18.060 on or before October 22, 2024, shall expire as of that date. This sunset date does not affect any other portion of Chapter 17.18, now or as may be amended, including but not limited to transfer of permits (Section 17.18.100), alterations or expansion of premises (Section 17.18.110), relocation of permitted premises or changes to parcel boundaries (Section 17.18.120).

E.

Self-Distribution of Commercial Cannabis.

1.

A person who receives a commercial cannabis cultivation permit under this chapter, and who also receives a state self-distribution license as described in 16 C.C.R. § 5315, may engage in the activities allowed under the self-distribution license so long as these activities involve only that cannabis lawfully cultivated pursuant to the applicant's county cannabis cultivation permit.

2.

The premises for which the state self-distribution license is obtained shall be located on the same parcel for which a county commercial cannabis cultivation permit has been issued.

3.

Self-distribution activities may only be conducted by a permittee whose commercial cannabis cultivation permit has been and remains validated.

4.

A permittee engaging in self-distribution activities as provided in this section shall provide to the Calaveras County Sheriff all transport vehicle information to the full extent that it shall be provided to the state under 16 C.C.R. § 5312.

5.

A permittee engaging in self-distribution activities as provided in this section shall comply with all transport personnel requirements of California Code of Regulations, Title 16, Section 5313 and with all shipping manifest requirements of California Code of Regulations, Title 16, Section 5314.

6.

A permittee engaging in self-distribution activities as provided in this section shall comply with all transport personnel requirements of 16 C.C.R. § 5313 and with all shipping manifest requirements of 16 C.C.R. § 5314.

F.

Testing or Distribution of Commercial Cannabis Cultivation. The testing and distribution of cannabis by applicants who meet all of the following criteria:

1.

The applicant owns or leases a parcel conforming to the following requirements:

2.

The premises utilized for cannabis testing and/or distribution meets the separation requirements set forth in Section 17.18.090.Q, with the terms "testing" or "distribution" substituted for "cultivation" for purposes of this subsection.

3.

The person applies for and receives the appropriate type of commercial cannabis distributor or testing permit required under this chapter.

4.

The person has and maintains a county business license for the premises.

5.

The person and the premises are and remain in compliance with all applicable provisions of the county code.

6.

The person is and remains in compliance with all applicable provisions of MAUCRSA and all applicable state regulations implementing MAUCRSA.

7.

The premises are able to meet the operating restrictions described in Section 17.18.080 for the type of permit applied for.

8.

A limited distributor permit may be issued on parcels zoned A1, AP, GF, RA, and CP only under the following circumstances:

a.

A commercial cannabis cultivation permit has been issued and validated by the county on the same parcel for which the limited distributor permit application has been made.

b.

Distribution is limited to the cannabis cultivated on the same parcel or on an adjacent parcel or parcels by the same permittee who has applied for the distributor permit.

c.

The limited distribution premises shall meet the setback requirements of Section 17.18.090.1.

d.

Notwithstanding subsections a. and b., if a limited distributor has permits for additional cannabis cultivation sites in the county, the limited distributor may engage in limited distribution activities between all of his/her sites under a single limited distribution permit.

9.

No more than five general distribution permits will be issued by the county at any one time. Applications will be processed on a first-come, first-served basis pursuant to an application process developed by the division of cannabis control.

17.18.060 - Commercial cannabis activity permit application.

A.

All applicants for a cannabis activity permit pursuant to this chapter shall submit a complete application on a form(s) developed by the county's division of cannabis control. The division of cannabis control shall develop criteria for what information and documents shall be submitted to constitute a complete application for a commercial cannabis activity permit, but at a minimum, the application shall conform to the requirements of this section.

B.

Cultivation. An applicant for a commercial cannabis cultivation permit shall submit an application demonstrating compliance with the provisions of this chapter, including the following requirements and information:

1.

Contact information for the permittee and, if different, the landowner.

2.

An emergency contact who can be reached on a 24/7 basis and who can quickly provide access to the premises in the event of an emergency.

Written landowner consent.

4.

A fully executed indemnification agreement as described in Section 17.18.210.

5.

The property diagram submitted, or to be submitted, to the state pursuant to 3 CCR § 8105.

6.

The premises diagram submitted to or to be submitted to the state as part of the cultivation plan pursuant to 3 CCR § 8106, for each state-licensed premises to be included as part of the county permit.

7.

Written consent to inspections by enforcement officials.

8.

An application fee.

9.

For an applicant requiring a conditional use permit pursuant to Section 17.18.050.D.2, a complete

conditional use permit application and application fee, which shall be processed as a separate application, pursuant to Chapter 17.31, in addition to the application required under this chapter.

10.

For an applicant or landowner other than an individual, adequate evidence of signature authority.

11.

Greenhouse Gas (GHG) emissions offsets.

a.

For outdoor or mixed light cultivation, evidence of a reduction in annual GHG emissions equivalent to a one-time offset of 17.2 metric tons of CO2e (carbon dioxide equivalent) for construction-related emissions for each twenty-two thousand square feet or portion thereof of total canopy area.

b.

For indoor cultivation, evidence of a reduction in annual GHG emissions equivalent to a one-time offset of 11.3 metric tons of CO2e for construction-related emissions.

c.

As an alternative to subsection a or b, above, evidence of a reduction equivalent to the construction GHG emissions associated with the specific cultivation site, as calculated using an ARB-accepted model/technique. Evidence of the offsets required may include, but is not limited to, the following, in order of preference:

i.

Evidence of photovoltaic panels on structures on the premises along with a written determination by a qualified professional that solar is a feasible means of generating power on the applicant's premises (based on factors such as roof orientation and shade).

ii.

Evidence that a well pump used to supply irrigation water to the premises is powered by photovoltaic cells.

iii.

Documentation that offset credits of metric tons of CO2e associated with construction of the new outdoor commercial grow site have been obtained, including the loss of carbon-sequestering vegetation. The offset credit must be issued by an ARB approved offset project registry.

12.

For applicants who are exempt or conditionally exempt from State Water Resources Control Board's Cannabis Cultivation General Order No. WQ 2019-0001-DWQ or its subsequent amendments because land disturbance on the premises does not exceed two thousand square feet, a complete administrative use permit application and administrative use permit application fee, which shall be processed as a separate application in addition to the application required under this chapter. This provision shall not apply to applicants proposing to cultivate cannabis indoors or to applicants for a processor permit in existing, permitted structures.

C.

Distribution and Testing. An applicant for a cannabis distributor permit or cannabis testing permit shall submit an application demonstrating compliance with the provisions of this chapter, including the following requirements and information:

1.

Contact information for the permittee and, if different, the landowner.

2.

An emergency contact who can be reached on a 24/7 basis and who can quickly provide access to the premises in the event of an emergency.

3.

Written landowner consent.

A fully executed indemnification agreement as described in Section 17.18.210.

4.

5.

The premises diagram submitted to or to be submitted to the state pursuant to 16 CCR 5006.

6.

The operating procedures submitted to or to be submitted to the state as part of the cannabis distribution or testing application pursuant to 16 CCR § 5002, including but not limited to the transportation, inventory, quality control, security, and delivery procedures.

7.

Written consent to inspections by enforcement officials, which may be conducted randomly without prior notice or by first notifying the permittee.

8.

For an applicant or landowner other than an individual, adequate evidence of signature authority.

9.

The person has and maintains a county business license for the premises and cannabis activity.

10.

For an applicant requiring a use permit pursuant to Section 17.18.050.F.1, a complete conditional use permit or administrative use permit application and application fee, which shall be processed as a separate application within the county planning department, pursuant to Chapter 17.31 or 17.30, in addition to the application required under this chapter.

11.

Applications for commercial cannabis distributor and testing permits shall not be accepted by the division of cannabis control until the effective date of the applicable permit application fee.

A.

No permit for commercial cannabis activities shall be issued until the division of cannabis control receives:

1.

A complete application pursuant to Section 17.18.060.

Evidence of a site inspection conducted by an enforcement official resulting in a finding that the premises and parcel satisfactorily comply with the provisions of this chapter.

3.

If applicable, a conditional or administrative use permit.

4.

For a commercial cannabis cultivation permit, the following additional requirements apply:

a.

If the applicant is seeking a permit for a premises located on a different parcel than the one that cultivation had been authorized on under the May 10, 2016 version of this chapter, evidence that the former cultivation site has been fully remediated in compliance with Section 17.18.130.

b.

No premises located on a former cannabis cultivation site, as defined in Section 17.18.130 shall be permitted under this chapter until remediation per Section 17.18.130 is complete.

c.

If the applicant is relying on one or more wells as a water source for the commercial cannabis activity, a written report shall be prepared on behalf of the applicant by a state licensed A-1 general contractor, C-57 well drilling contractor, 6-61/D-21 limited specialty contractor — machinery and pumps, registered environmental health specialist, registered geologist, hydrogeologist, or professional civil engineer. The report shall estimate the average daily water use of the operation during the months of July through September and demonstrate adequate water utilizing a twenty-four-hour, or as recommended by a state certified hydrologist or registered geologist, pumping test of the well(s) conducted after a minimum of eight hours of non-operation of the well pump. The report shall provide an assessment of the well's static water level, production capacity, and recovery rate. To demonstrate an adequate supply of water, the well shall recover within twenty-four hours. Recovery means that the water level has returned to within ninety percent of the static water level measured prior to the test.

d.

A cash deposit or surety bond of five thousand dollars to cover the costs of destruction of cannabis or cannabis products, and clean-up of the site of trash, debris, or other wastes from the commercial cannabis operation if necessitated by a violation of permit requirements.

e.

Payment of the road impact mitigation (RIM) fee pursuant to Chapter 12.10 of the county code.

B.

A cannabis activity permit may be issued by the division of cannabis control to an eligible applicant with an eligible premises who has not yet received a state license; but the permit will not be validated, and

commercial cannabis activities will remain prohibited on the premises, until:

1.

The division of cannabis control receives a copy of the applicant's state license to conduct cultivation, distribution, or testing of cannabis on the premises, including but not limited to any conditions or restrictions imposed by the state, and

2.

The division of cannabis control verifies that all permit eligibility criteria and, if applicable, permit conditions have been met.

17.18.080 - Cannabis testing permit and cannabis distributor permit operating restrictions.

The following requirements apply to all cannabis testing or distribution in the county:

A.

Cannabis permits for testing or distribution will be issued for premises rather than parcels, and a permitted premises shall have the same boundaries as the premises for which the state license is issued.

B.

A permitted premises shall, at all times, be in full compliance with MAUCRSA, state regulations

implementing MAUCRSA, and all conditions of the permittee's state cannabis license for the same premises. Permittees shall have a continuing duty to notify the division of cannabis Control and sheriff within three business days of:

1.

Any modification of their state-issued distributor or testing license or of any denial, suspension, revocation, or non-renewal of the license.

2.

Any modification to any of the information provided in the application materials provided to the division of cannabis control pursuant to Section 17.18.060.C.

C.

Reserved.

D.

A physical copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement or any agents of the state or county charged with enforcement of this chapter. The shipping manifest shall be sufficiently detailed and include all of the information required by 16 CCR § 5314, and a physical copy must be made available to an enforcement officer upon request during the transport of cannabis.

E.

Distribution facilities shall maintain appropriate records of transactions and shipping manifests. An organized and clean method of storing and transporting cannabis and cannabis products shall be provided to maintain a clear chain of custody.

F.

The driver of a vehicle transporting cannabis and cannabis products shall be the permittee themselves, or directly employed by the permitted cannabis distributor pursuant to 16 CCR § 5313(b).

G.

All vehicles utilized by a permitted distributor for transportation of cannabis shall be registered with the Calaveras County Sheriff's Office, together with the vehicle description and plate numbers, and California driver's license information for individuals transporting cannabis. The division of cannabis control shall provide a registration form for this purpose.

H.

The permittee shall provide the name, physical address, mailing address, contact phone number and written consent, on a form provided by the division of cannabis control, of a willing, competent adult individual who permanently resides within thirty miles of the site to serve as a twenty-four-hour emergency contact for law enforcement, fire, utility, and county personnel and who has the means and authorization to provide these personnel access to the site in an emergency. Changes to this contact person and/or information shall be reported in writing to the division of cannabis control within three business days of any change.

I.

Permittees shall notify the Calaveras County Sheriff's Office of any theft, loss, or criminal activity as required under 16 CCR § 5036.

J.

The permit holder shall secure the premises in accordance with the security plan submitted to and approved by the state as part of their licensure application, a copy of which shall be submitted to the sheriff.

K.

The permit holder shall not, without the written pre-approval of the director of cannabis control (and, as required by law, the state licensing body), materially or substantially change or alter the premises, the usage of the premises, or the mode or character of business operation conducted from the premises. A "material or substantial" physical change to or change in use of the premises shall include, but not be limited to, a substantial increase or decrease in the total area of the licensed premises previously diagrammed, or any other physical modification resulting in substantial change in the mode or character of business operation. Should a modification or alteration require a change to the permit holder's state

license, the revised license shall be provided to the division of cannabis control within three business days of its issuance.

L.

Any armed security personnel employed by the permittee to patrol the parcel shall be registered by the California Bureau of Security and Investigative Services. Notice that armed security is or will be employed on the parcel shall be provided to the county sheriff's office.

M.

All lighting provided in conjunction with facility security or other lighting not associated with the cultivation of live plants shall be installed, directed downward and away from nearby property lines, and shielded to confine all direct rays of light within the boundaries of such facilities.

N.

Storage facilities for cannabis distribution activities in CP, C2, M1, M2 and M4 zones shall use a filtered ventilation system which relies on activated carbon filtration, negative ion generation, and/or other odor control mechanism demonstrated to be effective in reducing cannabis odors, and which is installed and maintained so that cannabis odors cannot be detected by a person of average sensitivity outside the structure in which cannabis is stored.

O.

If the division of cannabis control receives a written revocation of landowner consent to a cannabis activity permit, the division shall send written notice to the permittee at the mailing address provided on the permit application. The cannabis commerce permit shall be automatically revoked thirty days after the division of cannabis control mails this notice.

P.

For a permittee authorized to conduct cannabis distribution who is required to comply with Section 17.18.050.F.8, continued and strict compliance with said provision shall be an operating restriction on the permit.

Q.

The posting requirements of Section 17.18.090.X shall apply to all distribution premises.

(Ord. No. 3214, § 2, 1-28-2025)

17.18.090 - Commercial cannabis cultivation operating restrictions.

The following requirements apply to all commercial cannabis cultivation in the county:

A.

Commercial cannabis cultivation permits will be issued for premises rather than parcels, and a permitted premises shall have the same boundaries as the premises for which the state commercial cultivation

license is issued.

B.

A permitted premises shall, at all times, be in full compliance with MAUCRSA, state regulations implementing MAUCRSA, and all conditions of the permittee's state commercial cannabis license for the same premises.

C.

An outdoor cultivation permittee shall not have more than one acre of total canopy area per permit, regardless of whether the permittee's state license allows for more.

D.

A mixed-light cultivation permittee shall not have more than twenty-two thousand square feet of total canopy area per permit, regardless of whether the permittee's state license allows for more.

E.

An indoor cultivation permittee shall not have more than ten thousand square feet of total canopy area per permit regardless of whether the permittee's state license allows for more.

F.

Co-location of multiple permitted premises on a parcel is permissible if the following criteria are met:

1.

For outdoor or mixed light cultivation, there shall be no more than one acre of total canopy size per 20 acres of parcel size.

2.

For indoor cultivation, there shall be no more than five premises per parcel.

3.

The premises and parcel shall meet all conditions of this chapter.

4.

The parcel is zoned A1, AP, GF, M1, M2 or M4.

5.

Co-location setbacks.

a.

For co-located cultivation in excess of one acre of total cultivation area, the cultivation sites within the parcel shall be at least one hundred fifty feet from the closest property line of parcels that are not owned or leased by the owner(s) of the parcel containing the co-located cultivation sites. Setbacks shall be measured from the perimeter of the co-located premises to the closest property line of parcels that are not contiguously owned or leased by the permittee.

b.

The setback requirement described in subsection a., above, shall not apply to the first permitted premises on a parcel so long as the cultivation permit for that premises was issued prior to the county having received any applications for cultivation permits for additional premises to be located on the same parcel.

c.

The cultivation sites of a "first permitted premises" as described in subsection b., above, shall be at least seventy-five feet from the closest property line of parcels that are not owned or leased by the owner(s) of the parcel containing the co-located cultivation sites.

6.

Co-location of processor premises outside of industrial (M) zones is prohibited.

G.

All owners and workers, as these terms are defined in Chapter 9.22 of the county code, shall have and maintain a current, valid cannabis background clearance badge, as defined in Chapter 9.22, whenever engaging in any commercial cannabis activity on the premises and shall comply with all provisions of Chapter 9.22.

H.

The premises shall be in full compliance with all other applicable requirements of state law and the county code, including but not limited to the building, safety, sanitation, labor, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, grading, or other permits, inspection of structures requiring permits, and, as appropriate, the issuance of certificates of occupancy. All structures on the premises shall be permitted as required by Title 15 of the county code. "Structures," for purposes of this paragraph, shall have the same meaning as it does in California Health and Safety Code § 18908.

I.

The following minimum setback shall apply to all cultivation sites located on A1, AP, GF, and RA zoned land:

1.

Seventy-five feet;

Notwithstanding subsection (I)(1), 150 feet for co-location of cultivation sites as provided in Section 17.18.090.F, and for parcels adjacent to parcels of less than 20 acres zoned RR, R1, R2 and R3;

3.

Setbacks shall be measured from the perimeter of the cultivation sites to the closest property line of parcels that are not contiguously owned or leased by the permittee.

J.

Indoor cultivation premises located on M1, M2, M4 and CP zoned land shall comply with the setback requirements and measurement criteria of the parcel's zone.

K.

No cultivation is permitted within the common areas of a multi-family dwelling, residential development, mobile home park, or other similar residential arrangements.

L.

Whenever the premises contains cannabis, the cultivation site shall be fully enclosed by security fencing or a structure and shall be securely locked, using a child resistant lock, in a manner designed to reasonably prevent access to the cannabis by trespassers and children. Unaccompanied minors shall not be allowed on or within cultivation site at any time cannabis is present there. If there is both medical and non-medical cannabis on the cultivation site, the more restrictive definition of "minor" shall apply.

M.

Lighting.

1.

Lighting used for the purpose of growing live plants shall comply with state and local law requirements, and shall be covered at all times between sunset and sunrise in a manner that wholly prevents light from escaping.

2.

All lighting provided in conjunction with facility security or other lighting not associated with the cultivation of live plants shall be installed, directed downward and away from nearby property lines, and shielded to confine all direct rays of light within the boundaries of such facilities.

N.

Generators.

1.

No generator shall be used for any cultivation activities, including pumping, except as an emergency backup to another power source. The term "emergency," for purposes of this provision, means a temporary

outage of the primary power source due to circumstances that are verifiably beyond the permittee's control and unrelated to non-payment of a utility or other vendor providing or servicing the primary power source.

2.

The permittee shall have the burden of establishing that there was a verifiable "emergency" requiring the use of a generator.

3.

Any generator providing temporary, emergency power to the premises shall be:

a.

Set back a minimum of seventy-five feet from the closest property line separating parcels that are not contiguously owned or leased;

b.

In compliance with the county's noise ordinance; and

c.

Permitted by the building department if required by a county or state standard. Permitted installations shall be inspected for compliance prior to any use.

O.

Soil amendments, pesticides, herbicides, rodenticides, fungicides, fertilizers and other hazardous materials shall be used, stored, and disposed of in full compliance with federal, state, and local laws.

P.

Permittees shall comply with all laws, including but not limited to all federal, tribal, state, regional, district, and local laws and regulations relating to water, wetlands, riparian issues, stream, timber, wildlife waste and wastewater disposal, weights and measures, and fire safety.

Q.

Commercial cultivation shall provide separation of one thousand feet from the cultivation site or six hundred feet from the property line, whichever is greater, from any of the following sensitive uses in existence at the time the permit is issued:

1.

A park.

2.

A school providing instruction in kindergarten or any grades 1 through 12, as defined by state law.

3.

A day care center, as defined by state law.

4.

A youth center, as defined by state law.

5.

For an outdoor or mixed-light premises, a state scenic highway or national scenic byway.

6.

The county central library and its branches.

Depending on which measurement is used, the distance shall be measured in a straight line from the property line of the sensitive use to the closest premises cultivation site boundary or to the closest property line of the parcel containing the premises.

R.

The premises shall be located within a single designated area of the parcel(s) on which it is located.

S.

There shall be no camping or sheltering in violation of county code Section 17.25.080, on any parcel on which cannabis is cultivated pursuant to this chapter except as provided in Chapter 17.23 of the county code (to the extent the camping or sheltering houses victims eligible for relief due to a currently declared disaster).

T.

Permittees shall not sublet any portion of the permitted premises.

U.

Permittees shall have a continuing duty to notify the division of cannabis control and sheriff within three business days of:

1.

Any modification of their state-issued commercial cultivation license or of any denial, suspension, revocation, or non-renewal of the license.

2.

Any modification to any of the application materials provided to the division of cannabis control pursuant to Section 17.18.060.

V.

Permittees shall notify the Calaveras County Sheriff's Office of any theft, loss, or criminal activity as required under 3 C.C.R. § 8409.

W.

Outdoor Cultivation Posting Requirements.

1.

Outdoor cultivation permittees shall ensure that the most current permit issued by the division of cannabis control is weatherproofed and visibly and clearly posted within ten feet of the ingress to the premises.

2.

The permit shall be posted between four and six feet above the ground on a durable, rigid, and rectangular signboard of no less than eighteen inches per side containing reflective material sufficient to allow an enforcement official to readily locate it with a flashlight after dark.

3.

If multiple premises are contained within a single fenced cultivation site, all permittees with premises on that cultivation site shall additionally post the permit within their premises boundaries per subsections 1 and 2, above.

X.

Indoor Cultivation and Processor Posting Requirements.

1.

Indoor cultivation and processor permittees shall ensure that the most current permit issued by the division of cannabis control is visibly and clearly posted in the structure containing the premises so that it can be readily noticed by an inspector entering the structure.

2.

If multiple premises are contained within a single indoor cultivation site, all permittees with premises in that cultivation site shall additionally post the permit within their premises boundaries per subsection 1, above.

Y.

Any armed security personnel employed by the permittee to patrol the parcel shall be registered by the California Bureau of Security and Investigative Services and shall not operate within the setback areas established by this chapter. Notice that armed security is or will be employed on the parcel shall be provided to the county's designee.

Z.

Indoor commercial cultivation sites shall use a filtered ventilation system which relies on activated carbon filtration, negative ion generation, and/or other odor control mechanism demonstrated to be effective in

reducing cannabis odors, and which is installed and maintained so that cannabis odors cannot be detected by a person of average sensitivity outside the structure in which cannabis is cultivated.

AA.

If a sulfur burner or carbon dioxide enhancement equipment will be used at an indoor or mixed light commercial cultivation site, a warning to this effect shall be prominently posted beside all exterior doors into the structure containing the cultivation site.

BB.

Permittees shall maintain enrollment for coverage as required under the State Water Resources Control Board's Cannabis Cultivation General Order No. WQ 2019-0001-DWQ or its subsequent amendments based on the maximum land disturbance that will potentially occur on the premises under the permit. Permittees who are exempted or conditionally exempted from the general order based on land disturbance under two thousand square feet shall be required to apply for and receive an administrative use permit. This provision shall not apply to applicants proposing to cultivate cannabis indoors in existing, permitted structures.

CC.

The permittee shall notify the division of cannabis control within seventy-two hours of any change to the permittee's or emergency contact's contact information.

DD.

The permittee shall not burn any cannabis waste, as that term is defined in 3 CCR § 8108, and shall comply with all cannabis waste provisions described therein.

EE.

The permittee shall, one time each year for the first five years after receiving the initial permit, and one time in the seventh year after receiving the initial permit, repeat the well testing procedure described in Section 17.18.070.A.4(c) for each well serving as a source of water for the commercial cannabis activity and obtain reports as described in that section for each well, which shall be submitted to the county's designee as a condition of permit continuation under [Section] 17.18.140. Ground water adequacy tests conducted pursuant to this section shall be conducted between August 1 and October 31 of each year. Reports submitted to the county's designee shall be made available for public inspection and copying consistent with state law. If the county determines that a report or any portion thereof cannot be publicly disclosed, it shall explain the authority and reasons for withholding it from disclosure.

FF.

The use of vehicles to transport water to a parcel for cultivation shall be prohibited except as an emergency backup to another water source. The term "emergency," for purposes of this provision, means a temporary outage of the primary water source due to circumstances that are verifiably beyond the permittee's control and unrelated to non-payment of a utility or other vendor providing or servicing the primary water source.

GG.

All premises boundaries shall be clearly demarcated so that an enforcement official inspecting the parcel and/or cultivation site can readily determine where each premises begins and ends, and the demarcation shall be maintained so that it remains clearly visible by an enforcement official at any time of day and in any season.

A.

Commercial cannabis activity permits issued pursuant to this chapter may be transferred to a permittee's successor-in-interest only in accordance with this section, only with respect to the same premises, and only provided that the successor-in-interest is, except for the specifications set forth in Section 17.18.050.D.1 when concerning a cultivation permit, otherwise eligible under this chapter for the permit being transferred.

B.

The successor-in-interest shall submit a complete cannabis activity permit transfer application developed by the division of cannabis control and have the application approved and permit validated by the division of cannabis control before the successor-in-interest may commence commercial cannabis activities on the premises.

C.

The commercial cannabis activity permit transfer application shall be processed ministerially and shall apply to transfers of commercial cannabis activity permits regardless of whether or not a conditional use permit (CUP) or administrative use permit (AUP) was required for the permit. The terms of any CUP or AUP that had been required for the initial permit shall be transferred as-is to the successor-in-interest unless the successor-in-interest proposes a change in the use of the premises that requires an amendment to the CUP or AUP.

D.

If the successor-in-interest's property and/or premises diagram submitted to or to be submitted to the state per 3 CCR § 8106 differs from the property and/or premises diagram submitted by the prior permittee pursuant to Section 17.18.060, the successor-in-interest shall be required to additionally apply for an alteration of premises pursuant to Section 17.18.110.

E.

The board of supervisors shall, by resolution, establish fees for processing cannabis cultivation, distributor, and testing permit transfer applications, and no transfer application shall be accepted by the division of cannabis control until the effective date of the applicable fee.

A.

If a permittee wishes to expand the size of an existing premises or alter the existing premises in a way that will require a change to the property diagram and/or premises diagram submitted pursuant to Section 17.18.060, the permittee shall, before commencing the alteration or expansion:

1.

Submit a complete application to alter/expand premises or change permit type developed by the division of cannabis control and have that application approved and validated.

2.

If an alteration or expansion of the premises will require the permittee to obtain state approval of a physical modification pursuant to 3 CCR § 8205 or 16 CCR § 5027, submit a complete copy of the state's notification of approval.

B.

If a permittee wishes to change from one type of commercial cannabis activity permit to another while keeping the premises located on the same parcel, the permittee shall, before commencing any activities that require a different permit:

1.

Submit a complete application to alter/expand premises or change permit type developed by the division of cannabis control and have that application approved and validated.

2.

If a change in permit type will require the permittee to obtain state approval of a physical modification to the premises pursuant to 3 CCR § 8205 or 16 C.C.R. § 5027, submit a complete copy of the state's notification of approval.

3.

If a change in permit type will require the permittee to obtain a new or amended state license for the premises, submit a complete copy of the new or amended license, including but not limited to any additional restrictions or conditions imposed on it by the state.

C.

The application to alter/expand premises or change permit type shall be processed ministerially. However, if a cannabis activity on the premises is subject to a conditional or administrative use permit, and the requested change to the premises or permit type exceeds the scope of the existing conditional or administrative use permit, the application to alter/expand premises or change permit type shall not be approved until the permittee applies for and receives a modification to the conditional or administrative use permit.

D.

The board of supervisors shall, by resolution, establish a fee for processing an application to alter/expand premises or change permit type, and no application to alter or expand the premises shall be accepted by the division of cannabis control until the effective date of this fee.

A.

If a cannabis activity permittee wishes to relocate the premises to a new parcel, or if the permittee wishes to alter or expand the premises in a manner that requires a change to the parcel boundaries, the permittee shall apply for, and, if qualified under this chapter, receive and have validated a new commercial cannabis activity permit under this chapter.

B.

A new commercial cannabis cultivation permit shall not be issued to an applicant seeking to relocate a premises to a new parcel until the applicant's existing permitted premises has been fully remediated and restored as required by Section 17.18.130.

17.18.130 - Remediation and restoration of former cannabis cultivation sites.

A.

A "former cannabis cultivation site" or "site" for purposes of this section is that portion of a parcel on which any cannabis cultivation or related activities, whether legal or illegal, have occurred since May 10, 2016, regardless of whether or not anyone is or was lawfully residing on the parcel and regardless of whether or not the original cannabis cultivator retains physical or legal possession of the parcel.

B.

The current legal owner(s) and former cultivator(s) of a parcel containing a former cannabis cultivation site, whether or not cannabis cultivation on the site was authorized under any version of this chapter, shall have a joint and several duty to take immediate steps to restore the site in a manner which prevents soil erosion and sediment run-off; visual blight; illegal diversion of water supply; contamination of soil; contamination of waters of the state from soil additives such as soil and mulch, amendments, and fertilizers; improper keeping, storage and/or disposal of rodenticides, fungicides, herbicides and pesticides; and improper keeping, generation, storage, or disposal of household waste, fuel and chemical containers, and/or other hazardous waste or materials which may cause harm to public health or the environment.

C.

The current owner(s) of a parcel and former cultivator(s) on a parcel containing a former cannabis cultivation site shall additionally have a joint and several duty to take all of the following actions to remediate and restore the former cannabis cultivation site prior to approval of a commercial cannabis cultivation permit on the same parcel or by the same permittee on a different parcel:

All preparation and/or development of the site for future cannabis cultivation or related activities that are not permitted under this chapter shall cease, regardless of whether or not a grading permit, building permit, or other similar permit has been issued.

2.

To the extent an unexpired permit exists for earthmoving activity, water diversion activity, waste discharge, timber harvesting, construction, or any other activity, and to the extent such unexpired permit imposes conditions for the site upon cessation of cannabis cultivation activity, these conditions shall be fully complied with.

3.

To the extent that earthmoving activity, water diversion activity, timber harvesting, construction, or any other activity occurred on the site which requires a permit under local, state, or federal law, but for which a permit was never applied for or received, a permit shall be applied for and received, and its conditions shall be fully complied with, regardless of whether or not the unpermitted activity has ceased.

4.

All remediation and restoration activities shall be performed in compliance with all applicable local, state, and federal rules and regulations.

5.

Best management practices shall be employed to control soil erosion and protect water quality on the site.

6.

Any unlawful diversion or use of water for cannabis cultivation on the site shall cease, and both the site and the streambed(s) or waterway(s) impacted by the diversion shall be restored to their pre-diversion state in compliance with all laws.

7.

Soil amendments, pesticides, herbicides, rodenticides, fungicides, fertilizers and other hazardous materials shall be properly disposed of or stored as required by law.

8.

All temporary structures placed on the site for purposes of cannabis cultivation or related activities, including but not limited to hoop houses and unpermitted greenhouses, recreational vehicles, outhouses, temporary structures for storage of equipment or supplies, and temporary fencing shall be removed and properly disposed of or permitted for permanent use.

9.

All waste, including but not limited to household, commercial, and agricultural waste, fuel and chemical containers, and any other hazardous waste shall be properly collected and removed from the site in accordance with all laws to prevent a nuisance and public health hazard.

D.

Former cannabis cultivation sites that existed prior to the adoption of the current version of this chapter shall be fully remediated and restored in compliance with this chapter by February 9, 2020.

E.

The provisions of subsection C do not require restoration of the site to its pre-cannabis-cultivation condition but require the site to be remediated to a condition that allows for suitable subsequent use of the property.

A.

After receiving validation of an initial cannabis activity permit under this chapter, all cannabis activity permittees shall submit payment in full to the division of cannabis control of an annual permit continuation fee at least thirty days before the anniversary of the permit validation the amount of which shall be determined by resolution of the board of supervisors.

B.

Cultivation permits continuations shall be subject to the following additional requirements upon application for continuation under this section:

1.

Submit evidence of an annual offset of 5.9 metric tons of CO2e for each twenty-two thousand square feet or portion thereof for outdoor or mixed light operations and 56.5 metric tons of CO2e for indoor operations for one year of operational emissions or a reduction equivalent to the annual operational GHG emissions associated with the specific cultivation site, as calculated using an ARB-accepted model/technique, and in the manner described in Section 17.18.060.B.11.

2.

If applicable, submit the annual well report required per Section 17.18.090.EE demonstrating that either:

a.

An adequate supply of water, as specified in Section 17.18.070.A)(4)(c), continues to be available for the operation; or

b.

Provide evidence that an alternative water source has been procured for each well that is not determined to provide an adequate supply of water pursuant to Section 17.18.070.A.4(c).

c.

Submit evidence that the surety required in Section 17.18.070.A.4(d) has been renewed or remains otherwise fully collectable by the county if the permittee failed to perform the covered obligations.

A.

The division of cannabis control may revoke a cannabis activity permit issued under this chapter, and the county planning department may revoke an accompanying conditional or administrative use permit upon a determination at any time that there has been noncompliance with one or more of the provisions of this chapter and/or the conditions of the permit. The county's written determinations shall be served by mail to the last permittee address provided by the permittee, with a statement of factual and/or legal reasons for the determination.

B.

Failure to timely pay fees established in this chapter shall be grounds for revocation of the cannabis activity permit.

C.

If the permit is revoked pursuant to this section, the county's designee shall notify the applicable state agency pursuant to Business and Professions Code § 26200 as well as the Calaveras County Sheriff.

A.

Inspections of the premises shall be conducted by county enforcement officials at least yearly, and may be conducted randomly, without prior notice, or by first notifying the permittee. The county may conduct additional inspections if determined necessary by enforcement officials. Inspections may continue to be conducted after denial of an application and during the pendency of any appeals to ensure compliance with the provisions of the chapter.

B.

Whenever any enforcement official determines that a public nuisance as described in this chapter exists within the unincorporated county, he or she is authorized to utilize the enforcement, abatement, cost recovery, and administrative hearing provisions described in Chapter 8.06 of the county code, including, as necessary, the summary abatement provisions of that chapter. The county shall also have the right to utilize any injunction, enforcement, cost recovery, abatement or other administrative, criminal or civil remedy available to the county under applicable laws, including but not limited to the civil, criminal and administrative remedies provided in this chapter, Chapter 17.41 of the county code, Government Code § 25845, and MAUCRSA.

C.

Any person that owns or occupies a residence or parcel upon which cannabis is cultivated, manufactured, tested, distributed or transported in violation of this chapter, or which otherwise violates any of the

provisions of this chapter, may be subject to any and all remedies legally available to the county.

D.

Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the county to enforce county ordinances and regulations, or to employ any remedy available at law or equity.

E.

In any enforcement action brought to enforce the provisions of this chapter, each parcel owner, permittee, and/or occupant who causes, permits, allows, or maintains unlawful cannabis activities shall be jointly and severally liable for all resulting administrative fines and for any and all actual costs of enforcement incurred by the county, in the event the county brings and prevails in any administrative proceeding, civil suit, or any other action to enforce the provisions of this chapter.

F.

Cannabis activities in violation of this chapter shall be an infraction. Each plant found on any unlicensed premises in excess of that which is allowed for personal use pursuant to Section 17.18.050.C, and each plant found on any licensed premises that exceeds the amount allowed on the premises under this chapter, shall constitute an independent violation. Every violation shall be punishable as described in Government Code § 25132.

G.

Each person violating this chapter shall be guilty of a separate offense for each and every day on which any violation of any portion of this chapter is committed, continued, or permitted by any such person.

H.

In addition to fines for violations incurred under this section, parcel owners, permittees, and occupants shall be jointly and severally liable for administrative costs of enforcing abatement orders. Costs of enforcement, if not paid upon request, shall be the basis of an abatement lien recorded against the subject parcel pursuant to Government Code § 25845 and Chapter 8.06 of the county code.

I.

Citations for violations of this chapter may be issued and served in accordance with expedited cannabis enforcement procedures under Section 8.06.700 et seq. of the county code.

J.

Issuance of a warning shall not be a requirement prior to enforcement of any provision of this chapter. Cultivation of cannabis and other cannabis activities in violation of this chapter and any code violation that exists to facilitate the cultivation of cannabis in violation of this chapter may be subject to the immediate imposition of fines in accordance with Government Code § 53069.4. Citations for cannabis related code violations shall be served concurrently with citations for cannabis activities in accordance with § 8.06.700 et seq. of the county code.

17.18.170 - Appeal of application denial or permit revocation.

A.

This section applies to the denial or revocation of any permit described in this chapter except for appeals from such determinations involving conditional or administrative use permits, to which Section 17.27.140 of the county code or Section 17.18.050 of the county code would apply.

B.

After an application has been denied or a permit revoked, an applicant wishing to appeal shall, within 15 days after service of the county's designee's written determination, submit a written request for an appeal to the division of cannabis control.

C.

Any request to appeal submitted under the previous subsection shall be submitted on an appeal form approved by the county's designee. The appellant's written appeal shall state the alleged facts, considerations, or mitigating factors that warrant reversal of the county's designee's decision. The appeal form shall require, at a minimum, the following information:

1.

The name of the appellant;

2.

The primary telephone number of the appellant and/or the counsel for the appellant;

3.

The mailing address of the appellant and/or counsel of the appellant;

4.

The email address of the appellant and/or appellant's counsel, together with a notification that the appellant may elect to receive electronic service in lieu of service by mail of all documents associated with the appeal including staff reports, documents and evidence to be used by the county, correspondence from the clerk and orders after hearing; and

5.

The factual and/or legal grounds for reversal of the county's designee's decision.

D.

Appellants may attach additional briefs, documents, or other relevant matters, as needed, to the appeal form. The appeal form and attachments may be delivered in person, by mail, or electronically to the division of cannabis control, pursuant to procedures promulgated by the county's designee.

E.

An appellant shall, concurrently with submission of the appeal, submit an appeal fee with the division of cannabis control in an amount calculated to recover the costs of the administrative hearing and the costs borne by division of cannabis control in preparing for and appearing at the hearing. The amount of the appeal fee shall be set by resolution of the board of supervisors. No appeal shall be processed without receipt of the appeal fee.

F.

Further Consideration; Hearing Date.

1.

Upon receiving a request for an appeal, the county's designee may, in his or her discretion, ask for additional documents or information from the applicant and may choose to reverse his or her decision. If the decision is reversed, the appeal fee shall be returned, less a processing fee, to the applicant and no hearing shall be scheduled.

2.

If the county's designee chooses not to reverse the decision to deny an application or to revoke a permit after receiving the request for appeal, the division of cannabis control shall have the clerk set a hearing not less than twenty-one days and not more than forty-five days after the request for appeal was received by the division of cannabis control. The request for a hearing shall be made via email to the clerk.

G.

Staff Reports and Appellants' Briefs.

1.

The county's designee shall serve on the clerk and the appellant, at least ten days before the hearing, a staff report which states the factual and legal basis of the decision, a copy of the denial letter, appellant's appeal request, and any further documents or pleadings the county's designee wishes to provide in support of his or her decision to deny the application or revoke the permit.

2.

Appellants may submit additional information for consideration of the hearing officer, with receipt no less than five days before the scheduled hearing, by:

a.

Submitting it to the clerk in person at the county administrative office,

b.

Mailing it to:

Clerk of the Office of County Hearing Officer

c/o County Administrative Office

891 Mountain Ranch Road

San Andreas, CA 95249, or

c.

Emailing it to:

hearingofficer@co.calaveras.ca.us

d.

Providing a copy to the county's designee.

H.

If a party requests an appeal and fails to appear, the hearing shall be vacated and the decision of the county's designee shall become final. Failure to appear at an appeal hearing shall constitute failure to exhaust administrative remedies. The appeal fee shall not be refundable.

17.18.180 - Appeals shall be heard by the office of the county hearing officer.

A.

Except as specified in Section 17.18.170.A, appeals of application denials, permit revocations, and of enforcement actions pursuant to this chapter shall be heard before office of county hearing officer, which was established in Chapter 8.06 of the county code.

B.

In addition to the powers enumerated in Government Code Sections 27721, 27722 and those powers specifically enumerated in Chapter 8.06 of the county code, a hearing officer shall have the power to:

1.

Undertake de novo review of staff decisions and enforcement actions;

2.

Reverse or uphold the assessment of administrative fines assessed pursuant to Section 17.18.160;

3.

Reverse or uphold a decision by the county's designee to deny a cannabis application or revoke a permit.

4.

Hearings shall be open to public observation, however, the hearing officer, in his or her discretion, may order closure of a hearing or make other protective orders to the extent necessary or proper for any of the

following purposes:

a.

To satisfy the United States Constitution, the California Constitution, federal or state statute, or other law, including but not limited to laws protecting privileged, confidential, or other protected information.

b.

To conduct the hearing, including the manner of examining witnesses, in a way that is appropriate to protect a minor witness or a witness with a developmental disability, as defined in § 4512 of the Welfare and Institutions Code, from intimidation or other harm, taking into account the rights of all persons.

c.

To ensure a fair hearing in the circumstances of the particular case.

5.

Where a hearing is closed to public observation, the record of the proceedings shall be subject to the Public Records Act and no portion of the proceeding or any of the materials made part of the proceeding shall be exempt from public disclosure except as provided by law.

6.

A hearing officer shall have the power in his or her discretion to grant continuances upon a showing of good cause.

a.

A request for a continuance should be made in writing and received by the clerk at least five days before the scheduled hearing. The clerk shall forward the request to the hearing officer that has been assigned to the case, to staff and staff's assigned counsel, so that they may have an opportunity to agree to or object to the continuance and state grounds for any such objection. Objection shall be sent, in writing, and provided to the appellant, appellant's counsel and the hearing officer assigned to the case. All objections or communication with hearing officer shall be made through the clerk and no requests for continuance or objections to a continuance may be made ex parte to the hearing officer.

b.

A fee, which shall be set by resolution of the board of supervisors, shall be assessed to recover the administrative and staff costs of rescheduling a hearing if a request for a continuance is not received by the clerk at least five days before the hearing and the request for continuance is granted.

17.18.190 - Administrative hearing procedures.

A.

Those parties who file a timely request to appeal, shall be given an opportunity, at an administrative hearing, to present and elicit testimony to contest any portion or all of the findings and orders made by the

county's designee or code compliance officers in support of the decision or determination that is the subject of the appeal hearing. An attorney authorized to practice law in the state of California may represent any party to the appeal.

B.

Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The hearing officer may admit into the record all relevant evidence, including but not limited to incident reports, correspondence between county staff and applicants or permittees, the case notes of enforcing officers, affidavits of witnesses, and other materials deemed appropriate by the hearing officer. The hearing officer is not required to accept into the record evidence that is irrelevant to the matter before him or her. Where such documents or exhibits are rejected, the hearing officer may, in his or her discretion either:

1.

Have the exhibits or documents briefly described in the record and returned to the party who proffered such evidence; or

2.

Have such materials entered into the record as evidence not considered by the hearing officer.

C.

Witnesses shall be sworn. The hearing officer may question witnesses at any time and recall them as necessary for further testimony.

D.

All participants, including parties, counsel, and witnesses, will be expected to maintain a civil demeanor and to present only relevant evidence.

E.

The hearing officer shall consider the matter de novo, shall exercise independent judgment in reviewing the evidence, and may affirm, reverse, or modify the decision or determination of the county's designee, or enforcing officers.

F.

Ex parte communications, meaning communications between a hearing officer and a party to an administrative proceeding, shall be restricted as follows:

1.

While the proceeding is pending, except as provided in subsection (F)(5) below, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the hearing officer from any party or employee or agent of the division of cannabis control or other county staff that participated in the

pre-adjudicative stage of a proceeding without notice and an opportunity for all parties to participate in the communication.

2.

While the proceeding is pending, there shall be no communication direct or indirect regarding any issue in the proceeding to the assigned hearing officer by an appellant or other interested party without notice and an opportunity for all parties to participate in the communication.

3.

For the purpose of this section, a proceeding is pending from the initiation of any county or department enforcement action or submittal of any request for appeal to the issuance of a final written decision by the hearing officer.

4.

Communications concerning matters of procedure, practice, and requests for continuances shall be directed to the clerk. The clerk shall refuse to provide legal advice to appellants.

5.

Notwithstanding subsection (F)(1), communications to a hearing officer from an employee or agent of the county are permissible in any of the following circumstances:

a.

A written communication that is served on all parties to the hearing;

b.

Any communication made on the record at the hearing in which the matter is being heard;

c.

The communication involves a technical issue in the proceeding and the advice is necessary for, and is not otherwise reasonably available to, the hearing officer, provided the content of the advice is disclosed on the record and all parties are given an opportunity to address it in a manner required by subsection (F)(6).

6.

If a hearing officer received a communication in violation of this section, the hearing officer shall make all of the following part of the record in the proceeding:

a.

If the communication is written, the writing and any written response of the hearing officer; or

b.

If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication.

7.

Documents described in subsections (F)(6)(a) and (F)(6)(b), shall be delivered by mail or email to the clerk, the clerk shall disseminate the writing and any written response to all parties, and copies of the writing and any written response shall be scanned and placed in the case file.

G.

Disqualification. A party to an appeal hearing may file a motion to disqualify a hearing officer where he or she has reason to believe that the assigned hearing officer is biased or prejudiced against the party or has a personal interest in the subject matter of the hearing.

1.

A hearing officer has a disqualifying bias in the matter if any of the following conditions apply:

a.

The hearing officer has represented one of the parties in the hearing in his or her capacity as a lawyer and the subject matter of the representation is relevant to hearing;

b.

The party is a close friend or immediate family member of the hearing officer; or

c.

The hearing officer has a direct pecuniary interest in the outcome of the hearing.

2.

Without further evidence of bias, prejudice, or personal interest, the following shall not, alone, be grounds for disqualification:

a.

The hearing officer is or is not a member of a particular racial, ethnic, religious, sexual, or similar group, and the proceeding involves the rights of a member of that group.

b.

The hearing officer has experience, technical competence, or specialized knowledge of, or has, in any capacity, expressed a view on, a legal, or policy issue presented in the proceeding.

3.

If a hearing officer has direct, personal, and specific knowledge of disputed material facts in a matter before him or her, and these facts are not generally known or publicly available, the hearing officer shall either disclose to the parties, on the record, the nature, scope, and source of such knowledge or recuse himself or herself from hearing the matter. If after receiving a motion for disqualification, the hearing officer denies the motion and declines to recuse himself or herself, he or she shall state the reason for such a decision into the record and include, in the final written decision, the grounds for denying the motion for disqualification.

A.

The decision shall be in writing and shall include a statement of the factual and legal basis for the decision.

B.

The statement of the factual basis for the decision may be in the language of, or by reference to, the staff reports or pleadings of the party(ies). If the statement is no more than mere repetition or paraphrase of the relevant statute or regulation, the statement shall be accompanied by a concise and explicit statement of the underlying facts of record that support the decision. If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination.

C.

Nothing in this section limits the information that may be contained in the decision, including a summary of evidence relied on.

D.

Prior decisions of hearing officers are not binding and may not be relied upon, in and of themselves, as precedent limiting future decisions. Each matter should be determined on its own merits within the framework of applicable statutes, ordinances, or controlling published appellate court cases.

As a condition of issuing a permit for a commercial cannabis activity pursuant to this chapter, the applicant and, if different, the parcel owner shall execute a standard agreement provided by the county to defend, indemnify and hold harmless the county and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, boards, planning commission or board of supervisors arising from the county's review and issuance of a permit for the site. The indemnification shall apply to any damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.