Calaveras County Municipal Code Ch. 17.25 Standards for specific uses

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

A. Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title required in the zone where the use or activity is proposed and all other applicable provisions of this title.

B. The uses that are subject to the standards in this chapter shall be located only where allowed by the Land Use Regulation tables in Subtitle II: Base Zoning Districts or specific plan and/or planned development use regulations.

C. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by zone, specific plan, or planned development regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.

Accessory uses that are clearly incidental and customarily associated with a principal use on the site may be allowed in conjunction with the principal use to which it relates. Accessory uses shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this title. Examples of uses considered accessory to agricultural operations include, but are not limited to, small scale equipment servicing operations and small scale lumbering operations.

Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this section.

A. Residential Density. An accessory dwelling unit is a residential use that is consistent with the existing general plan and zoning designations for the lot. Any accessory dwelling unit constructed pursuant to this section will not cause the allowable density to be exceeded (i.e. accessory dwelling units do not count in density calculations).

B. Primary Dwelling Unit Required. The lot shall be zoned to allow single-unit or multi-unit dwellings and contain an existing dwelling unit at the time a building permit for an accessory dwelling unit is submitted, or the building permit for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling.

C. Number and Type of Units.

1. Lots with Existing or Proposed Single-Unit Dwellings. The following accessory dwelling units are permitted on lots with existing or proposed single-unit dwellings.

a. One detached accessory dwelling unit or one accessory dwelling unit within the existing or proposed space of a single-unit dwelling, and

b. One junior accessory dwelling unit within the existing or proposed space of a single-unit dwelling, including an attached garage. See Section 17.25.040.E.4, Junior Accessory Dwelling Unit.

2. Lots with Existing Multi-Unit Dwellings. The following accessory dwelling units are permitted on lots with existing multi-unit dwellings.

a. Two detached accessory dwelling units, and

b. Up to twenty-five percent of the number of units within a multi-unit structure, with a minimum of one accessory dwelling unit, constructed within portions of the multi-unit structure that are not used as livable space.

D. Standards for Attached and Detached Accessory Dwelling Units.

1. Floor Area. Maximum one thousand two hundred square feet.

2. Setbacks. Accessory dwelling units shall comply with the setback standards applicable to other structures within the zone in which the lot is located except as provided below.

a. Interior Side and Rear Setbacks. Minimum four-foot side and rear setbacks.

b. Accessory Dwelling Unit Constructed Above a Garage. If an accessory dwelling unit is constructed above a garage, a setback of no more than five feet from the interior lot lines shall be required for the accessory dwelling unit.

E. Standards for Accessory Dwelling Units Constructed Within Existing or Proposed Structures. For purposes of this subsection, to be considered an existing structure, the structure must be a legally permitted structure that conforms to current zoning or is legally permitted but nonconforming as to current zoning.

1. Floor Area. The accessory dwelling unit shall be contained entirely within the permitted floor area of the primary residence or accessory structure on the same lot as the primary residence. A maximum one hundred fifty square feet expansion to existing floor area is allowed to accommodate ingress and egress.

2. Exterior Access. Exterior access that is independent from the primary residence shall be provided.

3. Setbacks. The interior setbacks shall be sufficient for fire safety.

4. Junior Accessory Dwelling Unit. Accessory dwelling units within existing or proposed structures may be designed as a junior accessory dwelling units subject to the following standards.

a. Floor Area. Maximum five hundred square feet.

b. Efficiency Kitchen Required. The junior accessory dwelling unit shall have an efficiency kitchen which shall include all of the following.

i. A cooking facility with appliances.

ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

c. Owner Occupancy Required. The owner of the single-unit dwelling in which the junior accessory dwelling unit is located shall reside in either the remaining portion of the structure or the junior accessory dwelling unit.

F. Conversions.

1. Setbacks. No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing legal structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

2. Parking. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement parking is not required.

G. Required Parking. Automobile parking is not required for an accessory dwelling unit. Required parking for the primary dwelling shall be provided pursuant to Chapter 17.22, Parking.

H. Water, Wastewater, and Fire Protection. Applicable building code requirements, environmental health requirements pertaining to domestic water supply and onsite wastewater treatment systems requirements, and fire protection codes shall be met.

I. Determination of Adequate Water Source Capacity.

1. When an accessory dwelling is not served by a public water system, the adequacy of any well serving more than one residential unit shall be determined by the Environmental Health Department based on an assessment of the well's water production adequacy in a source capacity report, as specified in Section 16.12.090(B) of the Calaveras County Code, that has been prepared by a qualified professional as defined in Section 16.03.365.

2. The well shall be considered an adequate source of water when one of the following criteria have been documented in the source capacity report:

a. Source capacity of five gallons per minute or greater that is sustained during a twenty-four-hour period of continuous pumping, or until seven thousand two hundred gallons of water has been pumped, whichever is less, with a minimum of one thousand five hundred gallons of storage in a tank approved by the American Water Works Association (AWWA) or equivalent; or

b. Source capacity of two and a half gallons per minute or greater that is sustained during a twenty-four hour period of continuous pumping, or until seven thousand two hundred gallons of water has been pumped, whichever is less, with a minimum of two thousand five hundred gallons of storage in a tank approved by the American Water Works Association (AWWA) or equivalent.

3. Nothing herein shall restrict the development of a second well to provide water for the accessory dwelling in lieu of the source capacity testing specified herein.

J. Fire Sprinklers. An accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary residence.

K. Emergency Access and Egress. The site of an accessory dwelling unit shall meet the minimum emergency access and egress requirements as set forth in the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 2 if located in the state responsibility area and in a high or very high fire severity zone.

L. Historic Structures and Places. If the accessory dwelling unit is located on real property listed in the California Register of Historic Places the unit shall conform to any standards adopted by the State or county that prevent impacts to the historic quality of the site.

M. Sale and Rental Limitations. Accessory dwelling units may be rented separately from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except as allowed pursuant to Government Code Section 65852.2. Rental terms shall be a minimum of thirty consecutive days.

N. Transient Occupancy Prohibited. An accessory dwelling shall not be used as a transient occupancy unit where paying guests occupy a dwelling unit for periods of less than thirty days.

O. Permit Review. An application for an accessory dwelling unit that complies with all applicable requirements of this chapter and California Government Code Section 65852.2 shall be approved ministerially through the building permit process. A building permit application for an accessory dwelling unit on a parcel with an existing or proposed single-family or multi-family dwelling shall be approved or denied within sixty days of the building permit application being deemed complete. The building permit applicant may request a delay in the county processing of the building permit, which shall result in the suspension of the sixty day time period.

Agricultural homestays and dude ranches shall be located, developed, and operated in compliance with the following.

A. Purpose. The primary purpose of the agricultural homestay or dude ranch establishment is the guest's education and active participation in the on-site agricultural or ranching activities. Lodging and meals are incidental and not the primary function of the agricultural homestay or dude ranch establishment.

B. Minimum Parcel Size. The property proposed for an agricultural homestay or dude ranch shall be twenty acres or greater in size.

C. Accessory to an Agricultural Operation. Agricultural homestays and dude ranches shall be 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.

D. Location. The homestay or dude ranch shall be located in the primary residence occupied by the property owner, as evidenced by a homeowners' exemption carried on the latest equalized assessor rolls. Homestays and dude ranches are prohibited in accessory dwelling units. Failure to maintain the homeowners' exemption shall be grounds for prohibition of further occupancy as an agricultural homestay or dude ranch.

E. Maximum Number of Rooms and Guests. The agricultural homestay or dude ranch shall have no more than five guest rooms and accommodates no more than ten guests.

F. Food Service. Agricultural homestays and dude ranches shall serve food only to their registered guests to the extent to which the price of food is included in the price of the overnight transient occupancy accommodation.

G. Limitation on Activities and Events. Any activities or events that involve more than ten guests are not allowed.

A. Applicability. The standards of this section apply to the keeping of animals in all zones other than the GF, TP, A1, AP, and RA zones. The keeping of animals in the GF, TP, A1, AP, and RA zones are instead subject to Title 6, Animals, of the Calaveras County Code, and Section 17.25.070, Animal Production.

B. Accessory Use. Animal keeping is only allowed as an accessory use to a primary residential use.

C. Calaveras County Code Title 6, Animals. In addition to the standards of this section, animals shall be kept in compliance with Title 6, Animals, of the Calaveras County Code.

D. Youth-Oriented Projects. The temporary keeping of animals to finish the animals for sale as part of a formal, supervised youth-oriented animal husbandry projects, sponsored, conducted or approved by the Future Farmers of America, Boy Scouts of America, Girl Scouts of America, 4H Club, or any similar nonprofit organization, is allowed in the RR and R-1 zones.

E. Rabbits and Hens; R-1 Zone. Hens and rabbits may be kept as an accessory use to a primary residential use in the R-1 zone, in accordance with the following. Roosters are prohibited.

1. Minimum Lot Size. four thousand square feet.

2. Maximum Number. A total of eight hens and rabbits, including chicks.

3. Enclosure. Hens and rabbits shall be located within an enclosure and not be allowed to roam at large.

4. Location. The enclosure shall be located in the rear yard, a minimum of thirty feet from a residential dwelling on an adjacent property.

F. Domestic Animals; RR Zone and Lots Less than ten Acres in the RA Zone. Livestock, including horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits, hens, and other animals commonly kept for domestic purposes, except dogs and cats, may be kept as an accessory use to a primary residential use in the RR zone and lots less than ten acres in the RA zone in accordance with the following. The keeping of other domestic animals is subject to Title 6, Animals, of the Calaveras County Code.

1. Minimum Lot Size. One acre.

2. Maximum Number. A maximum of one animal equivalent unit is allowed per acre of land available for use by the animal(s). The animal equivalent unit per animal type is listed below.

a. Cattle, horses, donkeys, mules, burros, and similar livestock: Each individual animal is equal to one animal equivalent unit.

b. Sheep, goats, llamas, large birds (such as emus), pigs (including pot-bellied pigs), and similar animals: Each individual animal is equal to 0.20 animal equivalent units (five sheep, goats, or pigs, or combination thereof, equal one animal equivalent unit).

c. Rabbits and hens: Each individual animal is equal to 0.025 animal equivalent units (forty rabbits, hens, or combination thereof, equal one animal equivalent unit).

G. Additional Animals. Additional animals may be kept as an accessory use to a primary residential use pursuant to conditional use permit approval.

A. Permitted Animal Production Operations. In the GF, A1, and AP zones and on parcels ten acres or larger in RA zones, the following animal production operations are permitted in the amount not to exceed the reasonable carrying capacity of the property: The raising, production, and/or sale of livestock, including cattle, sheep, goats, pigs, horses, llamas, rabbits, fur-producing animals, poultry, fowl, fish and all other kinds of animal husbandry; includes dairying and ranching. Animal production operations that exceed the criteria established below require administrative use permit approval.

1. Dairies: mature dairy cows, two hundred heads.

2. Hog farms: swine (less than fifty-five pounds), three thousand heads.

3. Hog farms: swine (fifty-five pounds or greater), seven hundred fifty heads.

4. Poultry facilities: one thousand five hundred ducks.

5. Poultry facilities: nine thousand laying hens or broilers.

6. Poultry facilities: sixteen thousand five hundred turkeys.

7. Rabbit facilities: one thousand five hundred rabbits.

A. Camping on Private Property Outside of Designated Camping Areas. A property owner is allowed to camp on their private property either in a recreation vehicle or other shelter or means for a continuous period of up to fourteen days or a cumulative period not to exceed thirty days in one calendar year.

A. Campgrounds and RV Parks. Campgrounds and RV parks are allowed where specified in Subtitle II, Base Zoning Districts, and/or any other section of this title, in compliance with the following.

1. All campgrounds and RV parks shall meet the requirements of Title 25, Division I, Chapter 2.2, Special Occupancy Parks of the California Code of Regulations.

2. All campgrounds and RV parks serving recreation vehicles shall have a sewage/septage receptacle for the emptying of vehicle tanks of a size and design meeting the requirements of the department of environmental health.

3. All campgrounds and RV parks shall be served by flush-type toilets as necessary to serve the campground and RV park with a septic system or sewer connection meeting the requirements of the department of environmental health.

4. Campgrounds and RV parks shall meet the requirements of the responsible fire protection agency.

5. All campgrounds and RV parks shall be served by access routes capable of safe and adequate capacity and surface material to handle the projected peak traffic load.

6. Campground and RV park parking areas shall be exempt from the paving requirements of Chapter 17.22, Parking. Access roads to the campgrounds and RV parks may require improvement or paving in conformance with county requirements.

7. Emergency Access and Evacuation. Emergency access and evacuation shall be provided pursuant to Public Resource Code sections 4290 and 4291. Compliance with Public Resource Code sections 4290 and 4291 shall be reviewed and approved by the fire marshall.

Community gardens (see Section 17.42.020) shall be located, developed, and operated in compliance with the following. Residential accessory gardens cultivated or attended to in whole or in part by neighboring residents or property owners are not subject to the standards of this section.

A. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the county.

B. Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to an administrative use permit.

C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the base zoning district.

D. Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to an administrative use permit.

1. Heavy equipment may be used initially to prepare the land for gardening.

2. Landscaping equipment designed for household use is permitted.

E. Maintenance.

1. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

2. Soil amendments, composting, and waste material shall be managed and shall not attract or support the growth of flies or other pests.

F. Composting.

1. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

2. Compost and compost receptacles shall be set back a minimum of twenty feet from residential structures.

3. In residential zones, composting is limited to producing compost materials that will be used on-site.

G. Produce Stands. Produce stands are permitted on the site of a community garden subject to the following regulations:

1. Maximum Size. Limited to one hundred twenty square feet.

2. Sales. Product sales are limited to produce grown on-site.

3. Hours of Operation. Operating hours for a produce stand are limited to 8:00 a.m. to 7:00 p.m.

Emergency shelters for homeless persons (see Section 17.42.020) shall be located, developed, and operated in compliance with the following.

A. Location. A new emergency shelter shall not be established or operated at any location less than 300 feet from another emergency shelter.

B. Length of Stay. The length of stay for clients in any emergency shelter shall not exceed six months.

C. Number of Beds. The maximum number of beds in each shelter shall be limited to the facility's ability to provide basic sanitation for all clients.

D. Interior Waiting Area. A separate enclosed interior client waiting room or intake area shall be provided for each shelter. The size of the interior waiting room or intake area shall be no less than 100 square feet.

E. Exterior Waiting or Gathering Areas. Exterior waiting or gathering areas shall be located within fenced, screened and landscaped areas.

F. Exterior Lighting. Exterior lighting sufficient to ensure fully lit parking, gathering, and waiting areas shall be provided and shall be consistent with section 17.16.100, Lighting and Illumination.

G. On-Site Management. Each shelter shall be operated by a responsible agency, organization, group or individual with experience managing and/or providing social services. An on-site manager shall be present at the shelter at all times the shelter is in operation and shall have authority to enforce the provisions of operating procedures, management plans, and safety plans.

H. Security. On-site security by individuals trained in providing security shall be provided during the hours the shelter is in operation.

The following applies to employee housing for farmworkers, as that housing is defined in Health & Safety Code §17008, which applies to five or more employees. Said housing is regulated under the Health and Safety Code and the California Code of Regulations.

A. Six or Fewer Employees. Under Health and Safety Code Section 17021.5, employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

B. Zoning Districts Where Agriculture Uses Are Allowed. Under Health and Safety Code section 17021.6, the permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be deemed an activity that in no way differs from an agricultural use.

Farmer's markets shall be located, developed, and operated in compliance with the following.

A. Required Permits. The market operator and vendors shall obtain any permits required pursuant to this title and secure all necessary licenses, certificates, and health permits. Copies of all permits shall be in the possession of the farmer's market manager or the vendor, as applicable, on the site of the farmer's market during all hours of operation.

B. Management Plan. A management plan shall be prepared and provided to the planning director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.

C. Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 8:00 p.m. with specific hours and duration to be approved by the county. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.

D. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal at the end of each day of operation.

Home occupations shall be located, developed, and operated in compliance with the following standards:

A. Applicability. This section applies to home occupations in any residential unit in the county regardless of the zoning district. It does not apply to family day care, which is regulated separately.

B. Business License Required. Where applicable, a separate county business license is required for each home occupation.

C. General Standards. All home occupations shall be located and operated consistent with the following standards:

1. Residential Appearance. The appearance of the property which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted except signage consistent with the provisions of this title.

2. Location. All home occupation activities shall be conducted entirely within the residential unit, garage, or other accessory structure.

3. Floor Area Limitation. No more than thirty-three percent of the total floor area of all the structures on the property may be used in the conduct of the home occupation.

4. Employees. In addition to individuals residing on the property, a maximum of one employee or independent contractor shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

5. On-Site Client Contact.

a. Number. The number of customers or clients shall be limited to three at any time.

b. Hours. Hours for clients shall be limited to 8:00 a.m. to 8:00 p.m. weekdays and 10:00 a.m. to 5:00 p.m. on weekends and holidays.

6. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.

7. Storage. Exterior storage of materials, supplies, and/or equipment for the home occupation shall meet the outdoor storage requirements of the zone in which the property is located.

8. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

9. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.

10. Traffic and Parking Generation. Home occupations shall not generate more than 7.5 average daily trips in the vicinity or on the street on which the dwelling is located or the need for additional parking spaces.

11. Contractor Vehicles. Light commercial and utility vehicles used by the proprietor for travel to a job site may be kept on the property.

12. Trailers and Equipment. Trailers, lowboys, heavy equipment, backhoes, and other similar equipment or trailers shall be stored out of view from adjacent parcels and the public right-of-way. Any repair and maintenance shall be conducted within an enclosed building.

D. Cottage Food Operations. A cottage food operation, as defined in Section 113758 of the California Health and Safety Code, is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1. Registration. Cottage food operations shall be registered with the State as "class A" or "class B" cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not exceed the maximum gross annual sales established in Section 113758 of the California Health and Safety Code.

3. Operator and Employee Allowed. Only the cottage food operator and members of the household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

E. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

1. Eating and drinking establishments; and

2. Hotels and motels; and

3. Retail sales.

The following standards apply to all mobile home parks in addition to any State or federal requirements.

A. Mobile Home Sites.

1. Site Identification. Each mobile home site shall be plainly marked and numbered for identification.

2. Minimum Site Area. Each mobile home site shall have a minimum of three thousand square feet in area.

3. Minimum Site Width. Each mobile home site shall have a minimum width of thirty feet plus the width of the mobile home, unless it is shown that adequate space for a patio, parking, and side yard(s) will be assured, despite a site of lesser width.

B. Yards.

1. Front Yard. Each mobile home site shall have a front yard of not less than seven feet. The front yard so required shall not be used for vehicle parking, except such paved portion thereof as is devoted to driveway use.

2. Side Yard, Corner Lot. On corner sites, the side yard adjoining the mobile home park street shall not be less than five feet.

3. Side Yards, Interior. Each mobile home site shall have side yard on each side of not less than five feet.

4. Side Yard, Driveway. When used for access to a parking facility, a side yard shall be wide enough for a ten foot-wide unobstructed driveway.

5. Rear Yard. Each mobile home site shall have a rear yard of not less than five feet in depth.

C. Projection Into Yard. The following structures may be erected or projected into any required yard:

1. Eaves, stairways, and awnings not to exceed one foot.

2. Landscape elements including trees, shrubs, and other plants, except hedges, provided that such landscape feature does not hinder the movement of the mobile home in or out of its space.

3. Mobile home hitches.

4. Necessary appurtenances for utility services.

D. Distance Between Structures. No portion of a mobile home or attached accessory structure shall be closer than ten feet to another mobile home or attached accessory structure.

E. Maximum Site Coverage. The mobile home and accessory structures shall not cover more than seventy-five percent of the mobile home site.

F. Number of Homes per Site. Not more than one single-family mobile home may be placed on a mobile home site.

G. Buffer Space. All mobile home parks shall have a minimum of thirty feet buffer space between the adjacent developments.

H. Landscaping. In addition to the requirements of Chapter 17.20, Landscaping, the following landscaping provisions apply to all mobile home parks:

1. All open areas except driveways, parking area, walkways, utility areas, improved decks, patios, or porches shall be landscaped.

2. Trees shall be planted along street frontage as may be required by the planning commission.

I. Streets. Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. On-street parking is not permitted except on streets designed to accommodate on-street parking. Streets shall be built to the following standards:

1. All mobile home park streets shall have a width of not less than thirty feet including curbs.

2. There shall be concrete roll curbs on each side of the street.

3. The streets shall be paved. Detailed plans shall be submitted to the public works director for review and approval.

J. Park and Recreation Areas. Each mobile home park shall provide a central recreation area of a minimum of one hundred square feet per mobile home site. The recreation area may contain community club houses, swimming pools, shuffleboard courts, and similar facilities. The planning commission may permit decentralization of the recreation facilities in accordance with principles of good planning provided that the total recreation area meets the above stated minimum size.

K. Office. Every mobile home park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager.

L. Mail Boxes. Each mobile home park shall be equipped with receptacles for mail deliveries in accordance with the standards prescribed by the local postmaster.

M. Storage Areas. Areas used for the storage of travel trailers, boats, and other such items may be established in a mobile home park provided they are adequately screened from public view.

N. Utilities. All utility distribution facilities serving individual mobile home sites shall be placed underground. The owner is responsible for complying with these requirements and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenant structures may be placed aboveground. Water and sewer distribution facilities shall be installed in conformance with specifications of the utility engineer.

O. Sale of Mobile Homes at Mobile Home Parks.

1. Conditional Use Permit. The operation of a business or occupation, either full or part, for the purpose of mobile home sales, shall be allowed on the premises of any legally established mobile home park, subject to the issuance of a conditional use permit.

2. Restrictions. In no event shall the holder of the conditional use permit or any other person maintain or allow to be maintained on the mobile home park premises for display any mobile home either assembled or disassembled which is not installed on the site and connected to all utilities sufficient to be legally adequate for immediate occupancy. The maximum number of unoccupied mobile homes so installed for display shall not exceed three units at any one time.

Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards.

A. Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an encroachment permit issued by the Public Works Department pursuant to Chapter 12.09 of the Calaveras County Code.

B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.

C. Parking. Where an outdoor dining and seating area occupies less than five hundred square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.22, Parking, for any outdoor dining and seating area exceeding five hundred square feet.

D. Location. Outdoor dining and seating areas may be in required setback areas but shall not encroach into pedestrian pathways or required parking areas. Outdoor dining and seating areas may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the public works director.

E. Litter Removal. Outdoor dining and seating areas shall always remain clear of litter.

Outdoor display and sales shall be located, developed, and operated in compliance with the following standards.

A. Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 17.25.220, Temporary Uses, and Chapter 17.32, Temporary Use Permits.

B. Size. There is no limit on the size of outdoor display areas for vehicle sales and leasing, building materials sales, garden shops, and wholesale nurseries and greenhouses. For other uses, outdoor display areas five hundred square feet or less in size are permitted. Outdoor display areas more than five hundred square feet in size require administrative use permit approval.

C. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

D. Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

E. Location. The displayed merchandise shall be located in compliance with all of the following:

1. Shall be located entirely on private property and not in the public right-of-way;

2. Shall occupy a fixed, specifically approved, and defined location;

3. Shall not disrupt the normal function of the site or its circulation; and

4. Shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

Rural home industries (see Section 17.42.030) shall be located, developed, and operated in compliance with the following standards.

A. Allowed Activities. Rural home industries may process, fabricate, or manufacture goods or commodities, but not those which are hazardous or produce excessive noise, dust, odor, or traffic.

1. Hazardous or Toxic Materials. Prior to a change of use, issuance of a business license, or issuance of a building permit, whichever occurs first, a project proponent shall submit a list or plan of all substances to be used or produced by the proposed business to the county health officer. The health officer shall review the plan or list to determine if the type, method of use or quantity of the substance(s) is such that there may be a significant effect on the environment associated with the substances. If there is a significant effect, the health officer shall notify the planning director.

B. Required Findings. No rural home industry shall be approved without a finding that the use is compatible with neighboring properties.

C. Performance Standards. The following performance standards shall apply in addition to any other standards in this title:

1. Operation of the rural home industry shall not become the cause of repeated and legitimate complaints concerning noise, dust, odor, traffic volume or composition, or number of employees;

2. Siting of structures and location of new trees shall be undertaken with care to ensure that shadows do not block solar energy collection devices on adjoining parcels;

3. The paving of driveways and parking areas serving rural home industries located below the three thousand foot elevation shall be at the discretion of the planning commission or local Fire Protection Agency on the basis of projected traffic generation. Above the three thousand foot elevation, driveways serving the rural home industry structures shall be paved;

4. No rural home industry shall be approved without meeting the requirements of the responsible fire protection agency;

5. At the discretion of the planning commission, based on existing land use and the proposed rural home industry, fences or landscaped screening may be required as a condition of permit approval;

6. Noise levels generated by the rural home industry shall not exceed sixty Ldn as measured at the property line of any adjoining residentially zoned property;

7. If the road from which the rural home industry is not a publicly maintained road, the permit holder shall join an existing road maintenance entity or form a new road maintenance entity to the satisfaction of the planning director;

8. No rural home industry use shall commence unless or until the permit holder establishes a primary, permanent, full-time residence upon the same assessor parcel as the rural home industry.

The purpose of a special event permit is to provide for a review process to consider activities or uses which may be compatible with other permitted uses within a zone district, but due to their nature may have an impact on the environment or the public health, safety and welfare of the community. Special event permits require consideration of site design, adjacent land uses, availability of public infrastructure and services, and environmental impacts, based on the specific location of any proposed activity or use requiring such a permit. It is not the intent of this review process to regulate conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.

A. Special Events, Defined. Special events are organized activities, assembly, or events to which the public is invited to watch, listen or participate, and for which compensation may be made, for the use of the site and facilities if held on private property. Special events are subject to the requirements of this section.

B. Where Allowed. Special events are allowed as an accessory use to a primary use on-site as follows. Special events that are not accessory to an on-site primary use are considered event centers (see Section 17.42.030) and subject to the standards and requirements for event centers included in this title.

1. A1 and AP Zones. Special events are allowed as a secondary use to an on-site farm as defined in Section 52262 of the Food and Agricultural Code provided no more than three percent of the total land or ten acres, whichever is less, is used subject to the following permit requirements:

a. Up to twelve special events may be held in a calendar year as a permitted use.

b. Thirteen to twenty-four special events, held during a calendar year requires an administrative use permit.

c. Over twenty-four special events, held during a calendar year requires a conditional use permit.

2. Other Zones. In all zones other than A1 and AP, special events are allowed as secondary uses to an established primary use, pursuant to the allowances, requirements, and permit requirements of this section.

C. Permit Required.

1. Special events may be held on any lands located within the unincorporated boundaries of the county, subject to approval and validation of the appropriate use permit, except as provided in Sections 17.25.190.B.1.a and 17.25.190.D.

2. It is unlawful for any person to hold, engage in, or conduct, within the unincorporated boundaries of the county, any special event subject to the provisions of this title and not expressly exempt hereunder without having first obtained a valid permit and without having first complied with all applicable provisions of this section.

3. The planning director, planning commission, or board of supervisors, as applicable, are authorized to issue permits for special events pursuant to the procedures established in this section.

4. A copy of the county approved permit shall be kept on site at the venue of the special event and shall be made available for review by any county official upon request.

5. Compliance with the provisions of this title does not exempt the holder of a permit from compliance with all other provisions of the county code or any other federal, state or local law or regulation.

D. Exemptions. The following special events are exempt from this section:

1. A parade covered by an approved road closure permit, which is not held in conjunction with a larger event.

2. Funeral processions by a licensed mortuary or funeral home.

3. Special events held in existing legal theaters, meeting halls, or other public assembly facilities and public parks where the event complies with all applicable state, federal and local laws and regulations, where there is adequate parking and the number of attendees or type of events does not require additional emergency or security personnel to be present.

4. Special events held at the county fairground facilities, where the event complies with all applicable state, federal and local laws and regulations, where there is adequate parking and the number of attendees or type of events does not require additional emergency or security personnel to be present, as determined by the county Sheriff.

5. Live music in conjunction with a restaurant, cafe, pub, tavern, bar or tasting room subject to Chapter 9.02, Noise Control, of the Calaveras County Code, and subject to any limitation on the number of attendees as set forth in the Zoning District for the property on which the use occurs.

6. Any school event on a school campus including but not limited to athletic events, school dances, rallies, educational assemblies, etc.

7. Lawful picketing or demonstrations on private property or public sidewalks or other public rights-of-ways owned or controlled by the county so long as application of traffic regulations, laws or controls are complied with.

8. Special events exempt from county regulation under applicable state or federal law.

9. Although not required to obtain a permit for an activity exempted pursuant to this subsection, an event organizer is required to comply with general regulations governing public and environmental health and safety and all other applicable federal, state, and local laws and regulations.

10. Events that are in compliance with Section 17.25.080.H, Recurring and Historical Events.

E. Similar events. When a special event is not specifically listed in this section, the planning director shall determine whether the special event is similar in nature to listed special events and shall establish the appropriate permit required.

F. Type of Permit Required.

1. Temporary Use Permit. A special event that would require a temporary use permit is a one-time special event with no impact to the environment, adjacent property, the neighborhood and the community and does not require interdepartmental routing for review and conditions by other county departments. Special events subject to a temporary use permit are typically self-contained on a single property, not requiring additional county services and/or any other event that the planning director determines to meet the requirement of needing a temporary use permit. These types of events would qualify to be exempt from the California Environmental Quality Act.

2. Administrative Use Permit. A special event that would require an administrative use permit is one that would have limited or less than significant impact to the environment, on adjacent property, the neighborhood or community and would require interdepartmental routing and conditions of approval outside of the standard conditions placed on a temporary use permit. Events characterized as needing this type of permit qualify for an exemption from the California Environmental Quality Act and may include, but are not limited to carnivals, parades, car shows, pedestrian or bicycle races, and craft exhibits or bazaars. An administrative use permit can be issued for a one-time event that does not qualify for a Temporary Use Permit, as well as multiple events for the same location, that occur at various times throughout the year.

3. Conditional Use Permit. A special event that would require a conditional use permit is one that could have the potential to cause effects on the environment or adversely impact adjacent property, the neighborhood or the community. It would require interdepartmental and/or outside agency routing. These types of events are characterized as having a large attendance, routinely occurring on a yearly basis, and include, but are not limited to music or concert festivals, overnight festivals and year round markets. These types of events may not be exempt from the California Environmental Quality Act and require a more detailed environmental review. Special event conditional use permits are also subject to the provisions of Chapter 17.31, conditional use permits.

G. Development and Operational Standards.

1. Any person or entity desiring to conduct a special event for which a special event permit is required, shall file an application with the planning department per the following timeframe:

a. Temporary Use Permit. Thirty calendar days prior to the special event.

b. Administrative Use Permit. Thirty calendar days prior to the special event.

c. Conditional Use Permit. Six months prior to the special event.

2. All applications shall be completed on a county application form and contain at a minimum all of the following information:

a. The name of the applicant, the sponsoring organization, the approval of the sponsoring organization for the applicant to apply for the permit on its behalf, the special event organizer who promotes and manages the special event, if any, and the mailing addresses, e-mail addresses and telephone numbers of each, and the proposed date, time, duration and location of the special event.

b. Property owner authorization.

c. If applicable, the proposed location of the parade assembly and disbanding areas, the route to be traveled, and the parade assembly starting and ending times.

d. The nature and purpose of the special event and a description of all of the equipment and planned activities, including, without limitation, all of the following:

i. The sale, distribution, donation, or collection of any merchandise, food, beverages, or services;

ii. Cooking of food or open fires;

iii. The sale or consumption of alcoholic beverages;

iv. The use of temporary fencing, temporary structures and whether the fencing or structures will be prefabricated or site built;

v. The use of pyrotechnics or fireworks;

vi. The operation of carnival or animal rides and any demonstrations with animals; and

vii. The use of specialized recreational equipment which is to be operated as part of an event activity.

e. The approximate number of anticipated special event participants, which includes, without limitation, spectators, staff, volunteers, security personnel, first aid and medical services personnel.

f. The plan to accommodate vehicle and bicycle parking by participants, including parking for the disabled, of on-street parking, and a parking shuttle plan, if applicable. For special events in parks, whether vehicle access into the park is requested, the number of vehicles, the planned path of travel, and whether the vehicle(s) will remain in the park overnight. For special events that will involve temporary street, alley, or sidewalk closures, or temporary on-street parking restrictions, a traffic control and/or parking management plan consistent with the California Manual on Uniform Traffic Control Devices for Streets and Highways may be required.

g. An event site plan to identify locations and number of all equipment and facilities including, without limitation, temporary fencing, temporary structures, staging, bleachers, portable restrooms and hand washing stations, cooking facilities, tables and chairs, waste and recycling containers, electrical and water sources and connections, fuel storage, emergency medical service area(s), pyrotechnic devices or fireworks, carnival and animal rides, and specialized recreational equipment. The site plan shall also identify the paths for access by participants, vehicles and emergency vehicles, and the area(s) for the sale or consumption of alcoholic beverages, if applicable.

h. Whether the special event will involve the use of amplified sound, the type, location, and direction of the amplified sound, and the type of amplified sound equipment.

i. For parades, an estimate of the maximum parade length; the total number of bands, sound vehicles or musical units, if any, their type and number of members in each unit; the total number of marching units, if any, their type and the number of members in each unit; the number of animals, if any, and type; the number of floats, if any, their size, type and how powered; and the space between the units and floats and their speed.

j. Any other information which the county deems to be necessary to process the permit.

3. All special events shall adhere to the following operational standards:

a. All events shall comply with the noise standards set forth in Chapter 9.02 Noise Control, of the Calaveras County Code.

b. Parking must be onsite. If an event exceeds the onsite capacity, a parking plan is required. Parking can include offsite shuttle parking, permission of adjacent or nearby property owners to utilize land for event parking or on street parking as long as it does not unduly interfere with the surrounding neighborhood.

c. Event hours shall be 7:00 a.m. - 10:00 p.m. for Temporary and administrative use permit; hours for an event that requires a conditional use permit will be determined during the review process.

4. Any changes to the application including, without limitation, an increase in the number of participants, and any additional vehicles, equipment, or activities, shall be submitted in writing not later than ten days before the date of the special event.

H. Recurring and Historical Events. Recurring community events that have been lawfully and historically held in the county on a regular basis for at least five years shall obtain a Master administrative use permit to comply with the provisions of this section.

I. Insurance and Indemnity Requirements.

1. Evidence of general liability insurance coverage for special events requiring an administrative use permit or temporary use permit shall be furnished to the county prior to approval or a permit. The county shall be named as an additional insured on the policy, at no cost to the county if the event is to be held on county owned property.

2. All special event permit applications shall be subject to the requirements of Section 17.27.030.B.1, Application Forms, and may also require evidence of general liability insurance coverage as set forth above in subsection A, depending on the type and duration of the special event.

J. Permit Denial.

1. Permits for special events may be denied upon findings that approving the permit would have an impact to the environment that cannot be mitigated or is contrary to the public health, safety, or welfare for one of the following reasons:

a. The time and duration of street closures and parking restrictions will unduly interfere with the operation of businesses, schools, hospitals, churches, or other private, public or quasi-public institutions located in close proximity to the proposed special event site and the applicant is unable or unwilling to modify the special event size, location, date, time, or duration to minimize such interference; or

b. The time, duration, and frequency of the use of amplified sound would unduly interfere with the residents' quiet enjoyment of their property for an extended and unreasonable period of time, and the applicant is unable or unwilling to modify the special event size, location, time or duration to minimize such interference.

2. Approving the permit would be contrary to the public health, safety, or welfare for one of the following reasons:

a. The special event will unduly interfere with ingress to, egress from, or travel on a state designated highway or county road.

b. The special event requires a temporary street closure which will unduly interfere with the orderly and safe movement of traffic, the provision of public services such as transit services or emergency police and fire services, and the applicant is unable or unwilling to modify the special event size, location, date, time or duration to minimize such interference.

c. The special event will require a significant diversion of sheriff's, fire and paramedic personnel such that protection for other areas of the county may be adversely impacted and the applicant is unable or unwilling to modify the special event size, location, date, time or duration to minimize such impact.

d. The anticipated number of special event participants would exceed the capacity of the streets, sidewalks, alleys, parks, or available parking, thereby creating public health and safety concerns.

e. The assembly to occupy all or any portion of a public street, sidewalk, alley, or park would detract from the use of such public facilities for their intended and ordinary purposes and the special event activities, location, date, time, or duration would adversely impact the surrounding neighborhood.

3. Applications for a special event permit may be denied if the applicant or the sponsoring organization was issued a citation within the prior year period for failure to obtain a special event permit or for violation of the permit conditions and the citation fees or liens have yet to be paid.

K. Revocation.

1. An administrative use permit or a Temporary Use Permit for special events may be revoked for any of the following reasons:

a. The applicant, after receiving a permit, fails or refuses to inform the county of the significant changes to the special event from what was set out in the application, has submitted false or misleading information as part of the application, fails to comply with a permit condition, or fails to obtain or comply with any other required county, state or local permit;

b. A significant number of the participants expected to attend the special event have made it known that they have a specific intent, manifested by specific plans, to engage in or provoke violence or criminal activity.

2. A conditional use permit for special events may be revoked as set forth in Section 17.27.130, Revocation of Permits.

L. Appeals. An appeal of any decision made under this section shall comply with the procedures in Section 17.27.140, Appeals.

M. Violation—Enforcement.

1. The first violation of any provision of this section is an infraction.

2. Any subsequent violation of this section by any person within twelve months from a conviction for violating any provision of this section or that forfeits bail in connection with a prior violation of this section is a misdemeanor.

3. All violations of this chapter constitute a public nuisance, which, in addition to or in lieu of any other remedies in this section, may be abated and punished in any manner set forth in Chapter 8.06, Property Maintenance and Administrative Enforcement Procedures, of the Calaveras County Code and Section 21532 of the Government Code, including but not limited to, abatement or issuance of administrative citations, or by appropriate action in court. Notwithstanding anything to the contrary in Chapter 8.06 of the Calaveras County Code, the penalties in Section 21532 of the Government Code apply to violations of this section.

4. The remedies provided for in this chapter shall be cumulative and not exclusive.

N. Conflicts with Other Laws. The provisions of this section shall not be deemed to supersede or repeal other existing laws which are designed to control public nuisances or disturbances.

O. Existing Special Events and Applications.

1. Permitted Existing or Legal, Non-Conforming Special Events. All special events in existence on the effective date of this section that have a county issued permit prior to the effective date of this section may be continued as long as the scope and frequency of the existing special event does not expand. Any expansion in the scope or frequency of an existing special event, including but not limited to a change in location of the event, shall be subject to the provisions of this section.

2. Unpermitted Special Events that are Part of a Current Application. All special events in existence on the effective date of this section that are part of an application for a permit that has been deemed complete but that has not been issued shall continue to be processed under prior existing law as they would not be subject to this new Section.

Single room occupancy (SROs) (see Section 17.42.010) shall be located, developed, and operated in compliance with the following.

A. Common Area. At least four square feet per living unit, with at least two hundred square feet of interior common area, excluding janitorial storage, laundry facilities and common hallways, shall be provided.

B. Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and one dryer per floor.

C. Unit Size. Each SRO unit shall be a minimum of four hundred square feet and a maximum of four hundred square feet in size.

D. Unit Occupancy. Each SRO unit shall accommodate a maximum of two persons.

E. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, one common shower or bathtub/shower combination shall be provided per seven persons, with at least one full bathroom per floor. Locking doors shall be provided.

F. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove or a range top and oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with a minimum of one full kitchen per floor and a minimum of one full kitchen per 10 units.

G. Closet. Each SRO unit shall have a separate closet.

H. Tenancy. Tenancy of SRO units shall be limited to a minimum of 30 days.

I. Management.

1. An SRO with six or more units shall provide on-site management.

2. Each SRO shall provide a management plan which addresses management and operation of the facility, rental procedures, safety and security of residents and building maintenance for review and approval by the planning director.

A. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3. Emergency services radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this title, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

a. Residential Zones.

i. Satellite Dish One Meter (39.37 inches) or Less. A satellite dish that does not exceed one meter (39.37 inches) in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the Residential Zone.

ii. Satellite Dish Greater than One Meter (39.37 inches). A satellite dish that is greater than one meter (39.37 inches) in diameter, is not located within a required front yard or side yard abutting a street, and is screened from view from any public right-of-way and adjoining property.

iii. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.

b. Nonresidential Zones.

i. Satellite Dish Two Meters (78.74 inches) or Less. A satellite dish that does not exceed two meters (78.74 inches) in diameter and is located so as to not reduce required parking, diminish pedestrian or vehicular access, or require removal of required landscaping.

ii. Satellite Dish Greater than Two Meters (78.74 inches). A satellite dish that is greater than two meters (78.74 inches) in diameter that is not located within a required front yard or side yard abutting a street and is screened from view from any public right-of-way and adjoining property.

iii. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 30 feet.

iv. Freestanding Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of thirty feet.

v. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). If an exemption is claimed, the owner or operator of such facility shall, prior to initiating its installation, provide the director with a written summary of the asserted basis for the exemption as well as a copy of the current FCC or CPUC permit or applicable FCC regulations it believes authorize the exemption.

8. Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility. No modification extending beyond the footprint of the existing facilities shall be deemed a "minor modification" for purposes of this section.

B. Permit Requirements.

1. Replacement, Removal, or Co-location of Transmission Equipment (Eligible Facilities Request). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.

2. Stealth Facilities. Stealth facilities in which the antenna, and sometimes the support equipment, are hidden from view in a structure or concealed as an architectural or natural feature, are permitted as follows:

a. Residential and Commercial Zoning Districts: conditional use permit required.

b. Zoning Districts Other than Residential or Commercial Zoning Districts: administrative use permit required.

3. Co-located Facilities. Co-located facilities are permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

4. Non-stealth Facilities. Permitted in nonresidential zones subject to conditional use permit approval.

C. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1. Location.

a. All wireless telecommunication facilities shall be set back from any residence a minimum distance equal to the height of the facility, measured from the center of the tower to the closest support element of the residence.

b. Residential Zoning Districts. In Residential Zoning Districts, all wireless telecommunication facilities shall be set back from all property lines a minimum distance equal to the height of the facility or the setback of the zone in which it is located, whichever results in a greater setback.

c. Nonresidential Zoning Districts. In nonresidential zoning districts, all wireless telecommunication facilities shall meet the building setback standards of the zone in which they are to be located.

2. Siting, Co-location Required.

a. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The director may require the applicant to accommodate co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

b. When determined to be feasible and consistent with the purposes and requirements of this section, the director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

3. Support Structures. Support structures for telecommunication facilities may be any of the following:

a. An existing nonresidential building.

b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

d. Existing publicly-owned and operated monopole or an existing publicly-owned and operated lattice tower exceeding the maximum height limit.

e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

4. Height Requirements. The maximum height of telecommunication facilities shall be as provided below.

a. Building-Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of fifteen feet above the height limit of the zone or fifteen feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.

b. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure other than a building shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to fifteen feet above the height of utility or light pole.

c. Freestanding Facilities. The maximum height of freestanding facilities shall be established as part of the Use Permit approval.

i. Minimum Functional Height. All free-standing facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.

5. Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual, noise, and vibration impacts to the extent feasible.

a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

c. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be located, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

d. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall have their sound damped and shall be screened from view by a wall and/or landscaping, as approved by the county. Any wall shall be architecturally compatible with the building or immediate surrounding area.

e. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way and/or from any existing private adjacent residence or business.

f. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

g. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

6. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base zoning district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b. Maintenance. Any landscaping shall be irrigated and maintained for the life of the facility. The site and any stealth facilities shall be maintained in good working order and good appearance, free from graffiti and debris.

7. Radio Frequency Standards and Interference.

a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.

8. Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the director may require the applicant to obtain a third-party technical study at applicant's expense. The director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

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

c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section shall result in denial of a permit request or revocation of an existing permit.

9. Fire Prevention, Defensible Space. In addition to all other applicable building and fire safety requirements, telecommunication facilities shall comply with Public Resources Code Section 4291 for defensible space.

10. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to county Counsel to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

D. Required Findings.

1. General Findings. In approving a telecommunication facility, the review authority shall make the following findings:

a. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;

c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities the review authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such co-location or siting:

a. Would have more significant adverse effects on views or other environmental considerations; or

b. Is not permitted by the property-owner; or

c. Would impair the quality of service to the existing facility; or

d. Would require existing facilities at the same location to go off-line for a significant period of time.

3. Additional Findings for Setback Reductions. To approve a reduction in setback, the review authority shall make one or more of the following findings:

a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

4. Additional Findings for Any Other Exception to Standards. The review authority may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or State law.

E. Vacation and Removal of Facilities. The service provider shall notify the director of the intent to vacate a site at least thirty days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A. Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits, may be required.

1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive days and occurring no more than six times a year.

2. Small Fundraising Activities by Non-Profit Organizations. Temporary fund raising sales by tax exempt organizations pursuant to 501(c) of the Federal Internal Revenue Code are allowed in non-residential zones with the permission of the land owner(s) of the site where the activity will take place so long as the total area within which the activity will occur does not exceed one thousand square feet; all applicable laws and regulations are followed (including regulations and ordinances that may be enforced by other county departments such as Public Works, Building, and Environmental Management); and there is no disruption to the normal circulation of the site; no encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; no obstruction to sight distances; and no other hazard created for vehicle or pedestrian traffic. Examples of the types of temporary activities that may be exempted from the temporary use permit requirement under this section include cookie and bake sale stands, manual car wash fundraisers, drive-through food sales, and ticket sales by non-profits, schools, or other charitable organizations.

3. Mobile Home or Trailer as a Temporary Residence. A single-wide mobile home, recreation vehicle or travel trailer with a current, valid registration and license may be permitted as a residence where there is a building permit issued for a permanent residence on the same parcel, subject to the following standards.

a. Maximum Number. Only one temporary residence is allowed per assessor parcel.

b. Building Permit Required. A mobile home or trailer shall not be used as a temporary residence prior to obtaining and paying for a building permit for a permanent residence.

c. Cessation of Use and Removal. The use of a mobile home or trailer as a residence shall cease and the mobile home or trailer shall be removed or converted to a permitted use prior to issuance of a certificate of occupancy for the permanent residence.

d. Enforcement. Failure to comply with the provisions of this section shall result in enforcement pursuant to this title and may also result in the revocation of the building permit for the permanent residence.

B. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 17.32, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance.

1. Model Home Sales Office. Model homes with sales offices and temporary information/sales offices in new residential developments are subject to the following requirements.

a. Time Limit. Model homes and sales offices may be established and operated until completion of the sale of the lots or units.

b. Must Comply with Area Requirements. All buildings and structures shall comply with all height and area requirements of the zone district in which it is located.

c. Limitation on Sales and Marketing. The model home sales facility shall only apply to the marketing of homes proposed to be constructed within the new subdivision and not for units to be constructed outside the limits of the proposed subdivision.

d. Conversion Upon Completion. Upon completion of all sales activity and construction activity, any portion of a home used for commercial purposes shall be converted to its intended residential purpose. All signs of any contractor and any temporary signs shall be removed.

i. Any off-street parking provided for the model home shall be removed and either a dwelling constructed, or the lot shall be landscaped with a suitable groundcover and maintained.

2. Filming. Television, motion picture, or commercial productions.

3. Mobile Vending. Mobile vendors in compliance with the following standards:

a. Location. Mobile vendors may only operate in non-residential zones.

b. Number. Maximum one mobile vendor per day per lot unless authorized through an administrative use permit.

c. Duration. Maximum six hours per day per lot. No lot may have a mobile vendor onsite for more than ninety days total in any twelve month period.

d. Parking Surface. The vehicle shall only be stopped or parked on surface paved with concrete, asphalt, or another surface approved by the director.

e. Required Parking. No parking spaces are required for a mobile vendor that meets all the standards under this section.

f. Displaced Parking. Mobile vendors may displace required parking spaces for an existing non-residential use without limitation if the existing non-residential use is not open during the event. If the non-residential use is open during the event, mobile vendors may temporarily displace up to three required non-residential parking spaces for a maximum of six hours per day per parking lot, provided that no more than twenty-five percent of the total number of parking spaces on site are temporarily displaced.

g. Location. Vehicles shall not be left unattended at any time, left onsite when inactive, or stored onsite overnight.

h. Obstructions. Location and operation including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location and operation shall comply with applicable accessibility requirements and the Americans with Disabilities Act.

i. Nuisances. Mobile vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating. Signage shall be in compliance with Section 17.24, Signs.

j. Modifications. Modifications to the standards of this section may be approved through an administrative use permit.

4. Temporary Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—are subject to the following standards:

a. Temporary outdoor sales shall be part of an existing business on the same site.

b. Outdoor display and sales areas shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

c. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

5. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards. This subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business.

a. Location. Seasonal sales are limited to non-residential zones.

b. Time Period.

i. Seasonal sales are allowed up to forty-five days preceding the associated holiday and one week following the associated holiday.

ii. The subject lot shall not be used for seasonal sales more than three times within the calendar year.

c. Display.

i. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

ii. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

C. Temporary Uses Requiring an administrative use permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential zones with the approval of an administrative use permit so long as they do not extend longer than one month and found to not unreasonably impair circulation or the operation of other uses in the area or otherwise create significant impacts.

1. Special Events. This section does not apply to special events which are subject to Section 17.25.190, Special Events.

Wind and solar energy systems used primarily to reduce on-site consumption of energy shall be located, developed, and operated in compliance with the following standards. When adjoining parcels are under common ownership, a wind or solar energy system on one parcel used to reduce consumption of energy on one or more of the adjoining parcels shall be deemed to be "on-site" for every adjoining parcel so served. Commercial and/or wind and solar energy commercial energy facilities, including wind arrays and solar farms, used primarily for off-site energy consumption are considered public works and utilities.

A. Wind Energy Systems.

1. Permitted Wind Energy Systems. Small wind energy systems with a maximum height of thirty-five feet are permitted as accessory uses in the GF, TP, A1, AP, RA, and RR Zones on properties one acre or more in size provided they are set back from all property lines a minimum distance equal to the height of the system or the setback of the Zone, whichever results in a greater setback.

2. Wind Energy Systems Allowed with conditional use permit Approval. Wind energy systems with a maximum height of eighty feet are allowed in the A1, AP, RA, and RR Zones on properties ten acres or more in size subject to conditional use permit approval.

a. Maximum Tower Height. Tower height, measured from grade to the top of the fixed portion of the tower, excluding the wind turbine, shall not exceed eighty feet or the height recommended by the manufacturer or distributor of the system, whichever is lower.

b. Minimum Setback. The tower shall be set back from the property line at a distance equal to the height of the tower plus the furthest extent of the turbine blade.

c. California Energy Commission. The system's turbine must have been approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.

B. Solar Energy Systems. Solar energy systems are allowed in all zones in compliance with the following standards and requirements.

1. Height, Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five feet or the maximum height allowed in the base or overlay zone, whichever is less.

2. Required Permit. Roof-mounted solar energy systems and ground-mounted solar energy systems located over a parking area are allowed in all zones and no use permit is required. Ground-mounted solar energy systems that are not located over a parking area are subject to administrative use permit approval.