Colusa County Municipal Code § 44-2.30.20 Development Standards in the Residential Zones

(Ord. No. 765 § 2 (Exh. A) (part))

The unincorporated area of Colusa County is hereby divided into zoning classifications, each of which is designated in this section, and each of which is identified for convenience by the letters indicated in Table 44-2.10-1.

TABLE 44-2.10-1: ESTABLISHED ZONING CLASSIFICATIONS

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Foothill Agriculture (F-A). The purpose of the F-A zone is to protect, support, and maintain a viable, long-term agricultural sector in areas of the County with soil types that are not optimal for crop production. The F-A zone is intended to be applied in areas where agricultural activities such as grazing, orchards, and vineyards are the natural and desirable primary land use, and where the protection of agriculture from the encroachment of incompatible land uses is essential to the general welfare and economic prosperity of the County.

(b) Exclusive Agriculture (E-A). The purpose of the E-A zone is to protect agricultural uses and agricultural operations in areas where fertile soils particularly suited to crop production are present, areas where agriculture is the natural and desirable primary land use, and where the protection of agriculture from the encroachment of incompatible land uses is essential to the general welfare and economic prosperity of the County.

(c) Upland Conservation (U-C). The purpose of the U-C zone is to protect the mountain and upland foothill areas where forestry, mining, grazing, and recreational uses are natural and desirable uses. The U-C zone is intended to provide protection in these areas of the County from man-made fire and erosion hazards, pollution, and other detrimental effects of incompatible land uses.

(d) Upland Transition (U-T). The purpose of the U-T zone is to provide opportunities for smaller-scale lot subdivision in the mountain and upland foothill areas where forestry, mining, grazing, and recreational uses are natural and desirable uses. The U-T zone provides opportunities for limited residential and commercial development in areas adjacent to established communities, and serves as a land use buffer between established communities and large-scale U-C parcels.

(e) Agricultural Transition (A-T). The purpose of the A-T zone is to provide areas for long-term rural and agricultural uses on smaller-scale parcels, and to provide a buffer around communities, urban areas, and planned future urban or community development. The A-T zone identifies areas where agricultural land has already been subdivided into parcels smaller than 40 acres, and areas where small-scale agricultural uses are appropriate. The A-T zone serves as a transition zone between established communities and the large-scale farms and agricultural operations beyond. Land in the A-T zone is intended to remain in agricultural use, and is not intended for conversion to urban or rural residential uses. The A-T zone includes A-T-10, which allows for a minimum 10-acre lot size, and A-T-20, which allows for a minimum 20-acre lot size.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 2; Ord. No. 816, § 2)

(a) General Standards. Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.80 (Types of Permits). Table 44-2.20-1 identifies the development standards applicable to the agricultural zones.

TABLE 44-2.20-1: DEVELOPMENT STANDARDS IN THE AGRICULTURAL ZONES Development Standards - Foothill Agriculture (F-A), Exclusive Agriculture (E-A), Upland Conservation (U-C), Upland Transition (U-T), and Agricultural Transition (A-T)

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in the agricultural zones as required in Table 44-2.20-2. Projects that cannot meet the following performance standards shall be elevated to a Minor Use Permit.

(1) Maximum Noise Levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed 60 dB at the property line of adjacent uses that are not in an agricultural or industrial zone.

(2) Maximum Daily Trips. New daily trips shall not exceed an additional one hundred car or light truck vehicle trips or an additional seventy heavy truck or bus vehicle trips, or a combination of the two over existing or previously established traffic volumes.

(3) Water and Sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the Department of Environmental Health shall be demonstrated to the satisfaction of the Director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood Management. Development shall comply with Chapter 33 (Flood Damage Prevention).

(5) Drainage and Water Quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants.

(6) Roadway and Access Improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to accommodate the maximum daily trips to the satisfaction of the Director of Public Works.

(7) Fire Protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 3; Ord. No. 796, § 3; Ord. No. 827, § 5; Ord. No. 832, § 3)

Table 44-2.20-2 identifies land uses allowed in the agricultural zones.

TABLE 44-2.20-2: ALLOWED USES IN THE AGRICULTURAL ZONES Permitted Uses - Foothill Agriculture (F-A), Exclusive Agriculture (E-A), Upland Conservation (U-C), Upland Transition (U-T), and Agricultural Transition (A-T)

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 4)

(a) Rural Residential (R-R). The R-R zone is intended for areas where land ownership and parcel patterns preclude the use of land for agriculture, but the land is not appropriate for urban uses and densities due to lack of public water and/or sewer service. Allowed uses in the R-R zone include single-family housing, accessory units, crop cultivation, and small-scale agricultural activities that are not the primary use of the parcel. This designation accommodates semi-rural and rural living at average densities of one house per two to ten acres. This designation is used to preserve the attractive low-density character of the areas around or adjacent to established urban areas, such as Colusa, Williams, Arbuckle, and Maxwell and adjacent to rural community centers, such as Grimes, Princeton, and Stonyford and the partially developed nonsewered communities and settlements such as College City and Century Ranch. The rural residential designation may serve as a buffer between farmland and urban uses. The R-R zone includes R-R-2, which allows for a minimum two-acre lot size, and R-R-5, which allows for a minimum five-acre lot size.

(b) Residential Single-Family (R-1). The purpose of the R-1 zone is to allow for single-family homes and related uses in residential neighborhoods. The standards for the R-1 zone are intended to preserve and protect the character of existing neighborhoods, and to ensure that new residential neighborhoods are developed in areas containing appropriate access, topography, utilities and public services to support single-family residential living. The R-1 zone is intended to accommodate the majority of future residential growth in or adjacent to existing communities and urban centers. Residential densities may range from one to five units per acre. The R-1 zone includes R-1-6, which allows for a minimum six thousand square foot lot size, and R-1-8, which allows for a minimum eight thousand square foot lot size.

(c) Residential Two-Family (R-2). The purpose of the R-2 zone is to provide opportunities for a mix of housing types to accommodate low-to medium-density residential development in areas close to urban centers where all utilities and services are available, and where housing demand justifies a density of two families on each building lot. Residential densities may range from three to nine units per acre.

(d) Residential Multiple Family (R-3). The purpose of the R-3 zone is to provide opportunities for a mix of housing types, including apartment complexes, duplexes, and condominiums to accommodate medium-density residential development in areas of the county close to urban centers where all utilities and services are available. Residential densities may range from six to twenty units per acre.

(e) Apartment-Professional (R-4). The purpose of the R-4 zone is to provide opportunities for higher-density residential development in areas of the county close to urban centers where all utilities and services are available. Professional and business offices are also appropriate uses in the R-4 zone. Residential densities may range from twelve to twenty units per acre.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 5; Ord. No. 796, § 4)

Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.30-1 identifies the minimum parcel standards and residential density standards applicable to the Residential Zones, and Table 44-2.30-2 identifies the applicable setbacks and height standards in the Residential Zones.

TABLE 44-2.30-1: DEVELOPMENT STANDARDS (PARCEL SIZE AND DENSITY) IN THE RESIDENTIAL ZONES Development Standards (Parcel Size and Density) – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

TABLE 44-2.30-2: DEVELOPMENT STANDARDS (SETBACKS AND HEIGHT) IN THE RESIDENTIAL ZONES Development Standards (Setbacks and Height) – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

Notes:

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788, § 6; Ord. No. 793, § 3; Ord. No. 827, § 5; Ord. No. 832, § 3; Ord. No. 839, § 2)

Table 44-2.30-3 identifies land uses allowed in the residential zones.

TABLE 44-2.30-3: ALLOWED USES IN THE RESIDENTIAL ZONES Permitted Uses – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

Notes:

(Ord. No. 765 § 2 (Exh. A) (part))

A. Neighborhood Commercial (C-1). The purpose of the C-1 zone is to allow for retail and service uses that meet the daily needs of nearby residents and workers, and to provide convenient residential access to sales and service facilities without detracting from the residential desirability of such areas.

B. Community Commercial (C-2). The C-2 zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The purpose of the C-2 zone is to allow for a full range of retail, service, and office uses to serve residents, workers, and visitors.

C. Highway Service Commercial (C-H). The C-H zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience, and suitable appearance.

D. Commercial Resort (C-R). The C-R zone is intended to provide opportunities for a mix of commercial uses oriented towards tourists and other visitors to the County, including but not limited to, agriculturally based tourism, sports fishing, hunting, marinas, lodging, and other related uses.

E. Mixed Use (MU). The MU zone is intended for areas appropriate for the planned integration of a combination of retail, office, residential, hotel, recreation, public facilities and/or other compatible use. The MU zone encourages placing housing, jobs, services, and recreational land uses close together within a project site, or on different stories of the same building. This zoning classification is established primarily in the community centers, downtown areas, and in-fill areas to encourage economic investment and revitalization of these core areas through promoting community-serving retail, office, and residential opportunities in a dense, compact form with opportunities for people to access the project and other destinations through bicycle, pedestrian, and mass transit modes. Projects in the MU zone should focus on compatibility between land uses, and the development potential of a given area compared to the existing and proposed mix of land uses and their development impacts. This zone is intended to protect and enhance the character of the area and to provide flexibility in design and use for contiguous parcels having multiple owners.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 796, § 5; Ord. No. 816, § 3)

(a) Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title, unless a variance is obtained in compliance with section 44-1.90.050. Table 44-2.40-1 identifies the development standards applicable to the Commercial Zones.

TABLE 44-2.40-1: DEVELOPMENT STANDARDS IN THE COMMERCIAL ZONES Development Standards – Neighborhood Commercial (C-1), Community Commercial (C-2), Highway Service Commercial (C-H), Commercial Resort (C-R), and Mixed Use (MU)

Notes:

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in Commercial Zones as required in Table 44-2.40-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit or use permit.

(1) Maximum Noise Levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed sixty dB at the property line of adjacent uses that are not in an Agricultural or Industrial Zone.

(2) Maximum Daily Trips. New daily trips shall not exceed an additional one hundred car or light truck vehicle trips or an additional seventy heavy truck or bus vehicle trips, or a combination of the two over existing or previously established traffic volumes.

(3) Water and Sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the division of environmental health shall be demonstrated to the satisfaction of the director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood Management. Development shall comply with chapter 33 (Flood Damage Prevention).

(5) Drainage and Water Quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants including the appropriate permits from Regional Water Quality Control Board.

(6) Roadway and Access Improvements. The project shall demonstrate adequate roadway and access improvements consistent with county standards to accommodate the maximum daily trips to the satisfaction of the director of public works.

(7) Fire Protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the community development director.

(8) Air Quality. The project shall demonstrate adequate air quality protection measures related to air pollution, off-site particulate matter migration and odors to the satisfaction of air pollution control and community development.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 7; Ord. No. 827, § 4; Ord. No. 832, § 4)

Table 44-2.40-2 identifies land uses allowed in the commercial zones.

TABLE 44-2.40-2: ALLOWED USES IN THE COMMERCIAL ZONES Allowed Uses – Neighborhood Commercial (C-1), Community Commercial (C-2), Highway Service Commercial (C-H), Commercial Resort (C-R), and Mixed Use (MU)

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Light Industrial (M-1). The purpose of the M-1 zone is to allow for light industrial and service commercial uses that have little potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas.

(b) Heavy Industrial (M-2). The purpose of the M-2 zone is to allow for a full range of industrial uses, including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, of noise at levels that would affect surrounding land uses.

(c) Research and Development (RD). The purpose of the RD zone is to provide areas for the location of high technology, non-polluting manufacturing plants, research and development facilities, corporate and industrial offices, and support service facilities in a rural or campus-like setting, such as a business park environment.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 796, § 6; Ord. No. 816, § 4)

(a) Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title, unless a variance is obtained in compliance with section 44-1.90.050; and subject only to such regulations as are needed to control congestion and protect surrounding areas from significant environmental impacts. Table 44-2.50-1 identifies the development standards applicable to the Industrial Zones.

TABLE 44-2.50-1: DEVELOPMENT STANDARDS IN THE INDUSTRIAL ZONES Development Standards – Light Industrial (M-1), Heavy Industrial (M-2), and Research and Development (RD)

Notes:

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in Industrial Zones as required in Table 44-2.50-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit or use permit.

(1) Maximum Noise Levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed sixty dB at the property line of adjacent uses that are not in an Agricultural or Industrial Zone.

(2) Maximum Daily Trips. New daily trips shall not exceed an additional one hundred car or light truck vehicle trips or an additional seventy heavy truck or bus vehicle trips, or a combination of the two over existing or previously established traffic volumes.

(3) Water and Sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the division of environmental health shall be demonstrated to the satisfaction of the director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood Management. Development shall comply with chapter 33 (Flood Damage Prevention).

(5) Drainage and Water Quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants including the appropriate permits from Regional Water Quality Control Board.

(6) Roadway and Access Improvements. The project shall demonstrate adequate roadway and access improvements consistent with county standards to accommodate the maximum daily trips to the satisfaction of the director of public works.

(7) Fire Protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the community development director.

(8) Air Quality. The project shall demonstrate adequate air quality protection measures related to air pollution, off-site particulate matter migration and odors to the satisfaction of air pollution control and community development.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788, § 8; Ord. No. 793, § 4; Ord. No. 796, § 7; Ord. No. 827, § 5; Ord. No. 832, § 5; Ord. No. 838, § 2)

Table 44-2.50-2 identifies land uses allowed in the industrial zones.

TABLE 44-2.50-2: ALLOWED USES IN THE INDUSTRIAL ZONES Allowed Uses – Light Industrial (M-1), Heavy Industrial (M-2), and Research and Development (RD)

Notes:

(Ord. No. 765 § 2 (Exh. A) (part))

(a) River Frontage (R-F). The purpose of the R-F zone is to identify lands which lie within river, stream, or tidal channels, and to adjacent areas which are periodically inundated, or which are predicted to be inundated, by a “design flood.” Appropriate uses in the R-F zone include agricultural and recreational uses that do not include permanent structures.

(b) Flood Management (F-M). The F-M zone is intended to be applied to areas other than River Frontage areas which have been inundated by overflow floodwaters in the past, and which may reasonably be expected to be inundated by such floodwaters in the future. The Flood Management zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, damage, and destruction due to floodwaters and the transportation by water of wreckage and debris. Appropriate uses within the F-M zone include agricultural activities and resource management activities that do not impede flood flows.

(c) Forest Residential (F-R). The F-R zone is intended to allow for the development of limited single-family residential uses on privately owned parcels in the Mendocino National Forest, and to identify development standards addressing adequate access, fire hazard protection and management, water quality, and water supply.

(d) Forest Management and Recreation (FMR). The FMR zone is intended to accommodate a range of forest resource production activities, such as timber production, mining, and grazing, as well as forest-related recreational uses.

(e) Resource Management (R-M). The R-M zone identifies areas where the managed and deliberate protection of natural resources is appropriate, or where natural resource conservation easements have been applied that restrict development of the land. This designation is applied to rangelands under federal ownership, the National Wildlife Refuges, designated wild and scenic lands, and habitat, watershed, and natural resource lands requiring management and protection. Lands designated Resource Management are intended to ensure that resources are conserved and protected for existing and future generations through active or passive oversight and management of the resources.

(Ord. No. 765 § 2 (Exh. A) (part))

(a) General Standards. Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.60-1 identifies the development standards applicable to the Natural Resources Zones.

TABLE 44-2.60-1: DEVELOPMENT STANDARDS IN THE NATURAL RESOURCES ZONES Development Standards – River Frontage (R-F), Flood Management (F-M), Forest Residential (F-R), Forest Management and Recreation (FMR), and Resource Management (R-M)

Notes:

(b) Performance Standards. The following performance standards apply to permitted uses in the Forest Residential Zone identified in Table 44-2.60-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit.

(1) Water and sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the Department of Environmental Health shall be demonstrated to the satisfaction of the Director.

(2) Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention).

(3) Drainage and water quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants.

(4) Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to ensure adequate emergency services access.

(5) Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 9; Ord. No. 796, § 8; Ord. No. 827, § 5; Ord. No. 832, §§ 6, 7, 9)

Table 44-2.60-2 identifies land uses allowed in the natural resource zones.

TABLE 44-2.60-2: ALLOWED USES IN THE NATURAL RESOURCES ZONES Allowed Uses – River Frontage (R-F), Flood Management (F-M), Forest Residential (F-R), Forest Management and Recreation (FMR), and Resource Management (R-M)

Notes:

(Ord. No. 765 § 2 (Exh. A) (part))

(a) General Recreation (G-R). The purpose of the G-R zone is to provide lands suitable for the development of active and passive recreational opportunities throughout the County. Appropriate uses in the G-R zone include public parks, sports fields, campgrounds, and trail systems.

(b) Airport (A-V). The A-V zone identifies lands suitable for, and used for, public or commercial airport purposes, including activities that are typically associated with airport operations, and preventing the encroachment of incompatible uses. Standards in the A-V zone are intended to support aeronautics-related businesses and services that benefit from, or require proximity to, an airport, and to ensure that airport operations and supporting uses to not pose a threat to public safety.

(c) Public Facilities (P-F). The P-F zone identifies lands used for governmental entities, and may include structures and facilities such as County buildings, schools, public safety facilities, utilities, and other public uses that enhance the quality of life within Colusa County.

(d) Rural Services (R-S). The R-S zone identifies areas suitable to provide necessary housing and services to the rural communities of Delevan, Sites, and Lodoga. The R-S zone facilitates multiple land uses on any given lot, consistent with and supportive of a higher intensity of development in the community area core that will contribute to a prosperous economy and higher quality of life in each of these rural centers. Subdivision or lot splitting into parcels smaller than two acres is prohibited, unless community water and septic/sewer systems can be provided to serve lots smaller than two acres.

(Ord. No. 765 § 2 (Exh. A) (part))

Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.70-1 identifies the development standards applicable to the Special Purpose Zones.

TABLE 44-2.70-1: DEVELOPMENT STANDARDS IN THE SPECIAL PURPOSE ZONES Development Standards – General Recreation (G-R), Airport (A-V), Public Facilities (P-F), and Rural Services (R-S)

Notes:

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 10; Ord. No. 796, § 9; Ord. No. 827, § 5; Ord. No. 832, § 8)

Table 44-2.70-2 identifies land uses allowed in the special purpose zones.

TABLE 44-2.70-2: ALLOWED USES IN THE SPECIAL PURPOSE ZONES Allowed Uses – General Recreation (G-R), Airport (A-V), Public Facilities (P-F), and Rural Services (R-S)

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Purpose of the Planned Development Overlay Zone. The Planned Development (PD) overlay zone is intended to provide for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the General Plan can best be achieved. The Planned Development overlay zone establishes a process for the regulation of areas suitable for comprehensive development with detailed development plans (in the form of a Planned Development) and of those areas that require special planning to provide for development in harmony with natural features and other environmental considerations. Planned Developments may be residential, commercial, or industrial and may permit mixed uses under certain circumstances, if such uses are determined to be consistent with the intent of the General Plan. The objectives of the Planned Development overlay zone are to achieve one or more of the following purposes:

(1) Permit flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience and amenity in development.

(2) Permit cluster development in appropriate locations.

(3) Allow certain uses not otherwise permitted in the zone under controlled circumstances.

(4) Encourage the provision of both on-site and off-site open space in consideration for increased density or other bonuses.

(5) Where appropriate, encourage energy efficiency, water conservation, variety in housing types, and greater public access to open space.

(b) Planned Development. A Planned Development is required in conjunction with any rezone request for a Planned Development overlay zone designation. To qualify for rezoning, projects must include developed or undeveloped property with one or more contiguous parcels totaling a minimum of two acres in size. Projects of less than two acres may be considered when determined that the development area is underutilized or problematic (e.g., infill, reuse, redevelopment) and that the surrounding area will be better served by the project.

(c) Approving Authority. The designated approving authority for a Planned Development is the Board (Table 44-1.1). A Planned Development shall be processed in accordance with the processing requirements of Article 44-1.

(d) Procedures. This process will be conducted by the Director in accordance with Section 44-1.70 (Permit Application and Review Procedures). A public hearing is required for a Planned Development.

(e) Deviations from Development Standards. The approving authority may grant requests to deviate from the development standards (e.g., minimum lot area, yard requirements, building heights), but shall not grant exceptions to the allowed land use or density of the base zoning classification that would result in a conflict with the intent of the General Plan. Physical development standards may be modified if the plan includes examples of superior design, environmental preservation and public benefit amenities, and the approving authority makes all of the required findings herein.

(1) Approval Findings. The approving authority shall make the following findings to approve a Planned Development application.

(A) The proposed project does not exceed the total density allowed under the base zoning classification or the General Plan land use designation.

(B) The proposed project is superior to development that could occur under the development standards of the base zoning classification in at least three of the following ways:

(i) Greater open space and common areas than required;

(ii) Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;

(iii) Superior site design. Utilization of commercial/industrial design standards to achieve a superior site design;

(iv) Superior subdivision design. Utilization of design standards to achieve a superior subdivision design;

(v) Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;

(vi) Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;

(vii) Reduced impacts on surrounding properties, in terms of privacy, protections for adjacent agricultural operations, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

(C) The proposed project incorporates best site planning practices for quality design and compatibility with surroundings.

(D) The proposed project incorporates high quality architectural design and durable materials.

(E) The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of this zoning code, the general plan, or the public interest.

(f) Planned Development Overlay Designation. Planned Development overlay zones shall be delineated on the Zoning Map in a manner similar to that of any other overlay zone. The assignment of the Planned Development overlay zone designation serves to provide a reference to the corresponding Planned Development Zoning document adopted by ordinance of the Board. Applicable zoning regulations and standards applicable to the land area shall be provided in the Planned Development document.

(g) Allowed Uses. Allowed uses within a Planned Development overlay zone are those listed uses in the adopted Planned Development document. A Planned Development may reference the allowed use provisions of a concurrent base zoning classification contained in this article; however, in the event that there are conflicts between the provisions of the Planned Development and this title, the Planned Development shall prevail. Where a Planned Development does not provide a listing of allowed uses, the regulations of the base zoning classification shall prevail.

(h) Development Standards. Development standards within the Planned Development overlay zone are those standards listed in the adopted Planned Development. A Planned Development overlay zone may reference the development standards of the base zoning classification, in which case the standards of the base zoning classification shall apply. Where a Planned Development is silent regarding a countywide standard (e.g., sign regulations), the adopted standard shall apply. Where a Planned Development establishes unique standards that are in conflict with the standards of this Chapter (Zoning), the Planned Development standards shall prevail. When a Planned Development does not establish development standards, the standards for the equivalent base zoning classification shall apply as determined and formally interpreted by the Director.

(i) Planned Development Application Contents. The application for a Planned Development and a Planned Development overlay zone designation shall contain the following information:

(1) Legal description of the property.

(2) Proposed land uses showing general locations of all buildings and proposed specific uses. For residential planned unit developments, building envelopes must be designated on all lots, either by setbacks or, for larger lots, designated building areas that can be defined by dimensions shown on the plans.

(3) General circulation pattern indicating both public and private vehicular, bicycle, and pedestrian ways and parking areas.

(4) A tabulation of the total land area and percentage designated for each proposed use, as well as a tabulation of residential units by type, and square footage of commercial, industrial, and other non-residential uses by type.

(5) Delineation of development staging locations, if any.

(6) Topographic map of the property with contours in intervals of not more than five feet or as determined by the Director.

(7) If permanent open space is proposed, plans and a description of the property shall be submitted as well as a written statement by the property owner authorizing the applicant to negotiate with the County for acquisition of an easement or fee title.

(8) A preliminary report indicating provisions for storm drainage, sewage disposal, water supply, access, grading, and public utilities.

(9) A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, and open spaces.

(10) Building elevations, architectural renderings, or other information deemed necessary by the Director.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Purpose of the Energy Production Overlay Zone. The Energy Production (EP) overlay zone is intended to identify and designate areas suitable for the development of large-scale commercial energy facilities and to streamline the approval of such facilities. The application of the EP overlay zone should be based on the availability of resources, the location of existing or proposed infrastructure, and the potential for commercial energy facilities to be appropriately sited to effectively mitigate potential significant impacts.

B. Applicability. The EP overlay zone may be applied only within the following base zones:

a. Foothill Agriculture (F-A)

b. Exclusive Agriculture (E-A)

c. Upland Conservation (U-C)

d. Light Industrial (M-1)

e. Heavy Industrial (M-2)

f. Forest Management and Recreation (FMR)

g. Public Facilities (P-F)

The uses and standards required in the EP overlay zone shall be in addition to those of the base zone.

C. Criteria for Designation. The EP overlay zone may be applied only to property meeting all of the following designation criteria:

a. The EP overlay zone may not be applied within 500 feet of the R-R, R-1, R-2, R-3, R-4, and Mixed Use (MU) zones.

b. The EP overlay zone shall not be placed on any property under Williamson Act contract unless power generation facilities are specifically allowed under the contract.

c. The EP overlay zone shall not be placed on any parcel with a conservation or other restrictive easement unless power generation facilities are specifically allowed under the easement.

d. The EP zone may be applied on prime farmland, farmland of statewide importance, and farmland of local importance as designated by the California Department of Conservation only if the applicant can demonstrate that the farmland is marginal and cannot produce agricultural products at the average rate of other farmland in the County with the same farmland designation.

D. Permitted Uses. All uses allowed as permitted uses by the underlying primary zone with which the EP overlay zone is applied shall be permitted in the EP overlay zone in compliance with the provisions and standards of the primary zone.

In addition to the uses allowed by the underlying primary zone, the following energy facilities shall be allowed as a permitted use, subject to a minor use permit and the site planning and development standards identified in this article.

a. Exploratory wells for either low temperature or steam geothermal development;

b. Commercial steam geothermal facilities for heat and power;

c. Wind anemometers and wind electric generation facilities;

d. Commercial solar photovoltaic facilities;

e. Cogeneration and bioenergy production facilities;

f. Natural gas fired power plants;

g. Other hybrid or emerging energy technologies which in the opinion of the Director are of a similar and compatible nature to those uses described in this article;

h. Electric power transmission infrastructure, including sub-stations, generating stations, pipelines and transmission lines; and

i. Accessory uses and buildings directly related to the operation and maintenance of the electric generating facilities.

E. Performance Standards. The following performance standards apply to energy production uses within the EP overlay zone. Projects that cannot meet the following performance standards shall be elevated to a use permit.

a. Farmland protection. In the agricultural zoning classifications, the project shall be sited to minimize the loss of Important Farmlands to the greatest extent feasible. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. If the project is located on a site under Williamson Act Contract, the project must serve as an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

b. Aesthetics. The project shall be sited to minimize view impacts from public roads and adjacent residential areas. Any lighting shall be fully shielded, downward casting, and not result in light spillage onto offsite structures or properties, or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved plans.

c. Maximum noise levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed 60 dB at the property line of adjacent uses that are not in an agricultural or industrial zone.

d. Maximum daily trips. Daily trips shall not exceed 100 car or light truck vehicle trips or 70 heavy truck trips, or a combination of the two.

e. Water and sewer. Adequate capacity for provision of on-site water and sewer service shall be demonstrated to the satisfaction of the Director where the project will not connect to public water and/or wastewater infrastructure.

f. Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention). Improvements located within the 100-year floodplain, such as solar panels and wind turbines, shall be built in accordance with best practices and shall be flood-resistant or shall incorporate methods to minimize flood damage, such as being adequately anchored to prevent flotation or collapse, constructed with flood resistant materials below the base flood elevation, and be designed or located such that floodwater is prevented from entering or accumulating in the components that are not flood resistant during flooding events.

g. Drainage. There shall be no net increase in off-site drainage flows, including peak flows during a storm event.

h. Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to accommodate the maximum daily trips to the satisfaction of the Director of Public Works.

i. Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official.

j. Biological resources protection. The project shall not be sited within designated sensitive biological resource areas, including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors.

(Ord. No. 831 § 2 (Exh. A))

(a) Purpose. The Small Residential Agricultural (SRAP) overlay zone is intended to provide for the limited development of single-family residential uses on smaller than normally allowed agriculturally zoned parcels through density clustering and standards to protect the surrounding agricultural resources. Through these requirements, the applicable objectives of the General Plan can be achieved. The objectives of the SRAP overlay zone are to achieve the following purposes:

(1) Permit flexibility in the establishment of a limited number of single-family uses on smaller than normally allowed agricultural parcels to preserve existing historic homes and to allow the sale of existing homes to support the continuation of existing agricultural activities through ownership or economic support;

(2) Maintain the overall residential density of a legal, conforming agricultural parcel by restricting residential use to a portion of the parcel; and

(3) Ensure that the rezoning overlay process considers the potential impacts to adjacent and nearby agricultural uses to ensure that agricultural operations are not negatively impacted.

(b) Parcel or Tentative Subdivision Map. A parcel or tentative subdivision map shall be processed in conjunction with any SRAP rezoning application request. The map shall define the parcel that is to be designated for the single-family use and define the parcel where a single-family use would be restricted. The approval of the parcel or tentative subdivision map by the planning commission shall be conditioned upon the approval of the SRAP overlay rezoning application by the board of supervisors. Should the planning commission not recommend the approval of an SRAP overlay rezoning application, the commission shall deny the approval of the accompanying map application.

(c) Development Standards. The following standards shall apply to the approval of a parcel or tentative subdivision map and SRAP rezoning application:

(1) The single-family parcel shall be the smallest size required to support the necessary water and septic systems and access in a logical and reasonable configuration, typically two to three acres. The larger, nonresidential agricultural parcel together with the single-family parcel shall equal or exceed the minimum parcel size for the underlining agricultural zoning district;

(2) An existing habitable home is located on the small single-family parcel that is at least twenty years old;

(3) Any future reconstruction or remodeling of the existing home shall be consistent and complimentary to the existing architectural style of the existing home to the satisfaction of the community development director. Should the community development director determine that any changes would be a substantial deviation, such as increasing the size of the home by over twenty-five percent or changing the architectural style, the director may refer the change to the planning commission for review and approval.

(d) Uses. Uses on parcels with the SRAP overlay zoning designation shall be subject to those uses of the underlying zoning district amended as follows:

(1) Uses within the small residential agricultural parcel shall be limited to a single-family home as detailed in the Residential Uses section of Table 44-2.20-2: Allowed Uses in the Agricultural Zones. Accessory uses that are customary and incidental to the single-family use may be allowed by the community development director.

(2) Uses within the larger, resultant agricultural parcel shall be limited to the uses defined in Table 44-2.20-2: Allowed Uses in the Agricultural Zones excluding those uses listed under the Residential Uses and Community and Recreational Uses sections of said table.

(e) Findings. The planning commission and the board of supervisors shall make the following findings in approving any SRAP overlay rezoning application:

(1) The proposed small residential agricultural parcel combined with the larger, resultant agricultural parcel does not exceed the total residential density allowed under the base zoning classification or the General Plan land use designation;

(2) The property involved with the overlay rezoning application is currently engaged in commercial agricultural activities;

(3) Adequate provisions have been made for sewer and water services and vehicular access;

(4) The applicant has submitted detailed information describing how the residential use of the small, residential agricultural parcel will not impact the continued agricultural use of the larger, resultant agricultural parcel or the agriculture activities in the surrounding area, or cause a proliferation of applications for small, residential agricultural parcels;

(5) The applicant has submitted detailed information describing the justification to create the small residential agricultural parcel in order to preserve an existing residence, to provide housing that will be used to support the existing agricultural activities, or other types of justification that support the creation of the small, residential agricultural parcel;

(6) Should the property be subject to a Williamson Act contract, a nonrenewal application for the small residential parcel has been submitted as part of the parcel or tentative subdivision map application and that a condition of approval of the map has been included which requires that the area of the small residential parcel be nonrenewed from the existing Williamson Act contract prior to recordation of the parcel or final subdivision map; and

(7) The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of the agricultural provisions of the General Plan and the County Code, or negatively impact the public interest.

(f) Residential-Agricultural Overlay Designation. The SRAP overlay zoning designation shall be delineated on the zoning map in a manner similar to that of any other overlay zone. The assignment of the SRAP overlay zone designation serves to provide a reference to the corresponding overlay rezoning adopted by ordinance of the board of supervisors.

(g) Procedures. The overlay rezoning review and approval process will be conducted by the community development director or his/her designee in accordance with section 44-1.70 (Permit application and review procedures).

(h) Appeals. A decision of the community development director may be appealed to the planning commission and a decision of the planning commission may be appealed to the board of supervisors in accordance with section 44-1.80.080 (Appeals).

(i) Deviations From Development Standards. The approving authority may grant requests to deviate from the standards and requirements described herein for unique circumstances provided that the intent of these requirements are still achieved.

(j) Filing Fees. Filing fees shall be the same as other rezoning applications and the applicant shall pay for the cost of the required public hearing notices prior to recordation of any parcel or final subdivision map.