Colusa County Municipal Code § 44-3.10.090.20 Maximum Height Limits

(Ord. No. 765 § 2 (Exh. A) (part))

This section establishes standards for landscaping in urban areas of the County to enhance the aesthetic appearance of developed areas and to promote the efficient use of water resources.

(Ord. No. 765 § 2 (Exh. A) (part))

The requirements in this section shall apply to properties located within urban zones, including residential (R-1, R-2, R-3, and R-4), commercial (C-1, C-2, C-H, C-R, and MU), and industrial (M-1, M-2, and RD) zones, and to properties within the recreational (G-R) zone. The following landscape projects are subject to the requirements of this section:

A. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or zoning permit;

B. New construction and rehabilitated landscapes which are developer-installed in single-family and multifamily subdivision projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or zoning permit;

C. New construction and rehabilitated landscapes for commercial and industrial projects with a landscape area equal to or greater than 10 percent of the floor area ratio requiring a building permit, plan check, or zoning permit;

D. New construction and rehabilitated landscapes for all public or private parks and recreation projects;

E. This section does not apply to the following:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 765 § 2 (Exh. A) (part))

The following guidelines are encouraged within all urban zones, as identified above under Section 44-3.10.010.

A. Plant Selection. Plants should be selected from a County-approved list of native, water-conserving, and non-invasive species. Plant species that require extensive shearing shall be avoided, unless a sheared appearance is desired and no other suitable plant species exists.

B. Turf lawns.

1. Water-intensive turf should be limited to 25 percent of the total landscaped area of a site for all residential, commercial, and industrial projects. Recreational and parks projects may exceed this standard based on the nature of the proposed use at the site. For example, sports parks, ball fields, and other uses that require large areas of open turf may exceed this requirement.

2. Turf should be prohibited on slopes 25 percent or greater.

C. Plant Groupings. Where irrigation is proposed, plants with different watering needs should be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).

D. Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) should have recirculating water systems. Where available, recycled water should be used as a source for decorative water features.

E. Mulch. A minimum two inch (2") layer of mulch should be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications. Stabilizing mulching products should be used on slopes greater than 10 percent.

F. Public Safety. Plant species should be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation and do not conflict with overhead lights or utility lines. Landscaping in fire-prone areas should address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

G. Maintenance. All landscaped areas should be kept free of debris, trash, weeds, and other unsightly material. Landscape material requiring pruning or mowing should be maintained on a periodic basis to avoid overgrowth and visual deterioration.

(Ord. No. 765 § 2 (Exh. A) (part))

The following standards apply within all urban residential zones (R-1, R-2, R-3, and R-4):

A. No more than 50 percent of required front and side setbacks may be covered with paving or other impervious surfaces. The review authority may grant exceptions to this requirement for small or irregularly shaped parcels if compliance would result in inadequate vehicular or pedestrian access to the site.

B. Unpaved areas shall be landscaped with any combination of living plants such as trees, shrubs and grass or related natural features such as rock, stone or bark chips. Decorative hardscape featuring pervious materials are permitted within required unpaved areas.

C. For multi-family residential dwellings, all front setbacks that are not occupied by a structure or used for required parking shall be landscaped or maintained as open space.

(Ord. No. 765 § 2 (Exh. A) (part))

The following standards apply within all commercial, mixed use, and industrial zones (C-1, C-2, C-H, C-R, MU, M-1, M-2, and RD):

A. The minimum landscaped area on a site shall be as shown in Table 44-3.10-1 (Minimum Landscaped Areas in Non-Residential Zones). This minimum area is based upon the applicable zone and the gross floor area of all structures within the site.

TABLE 44-3.10-1: MINIMUM LANDSCAPED AREAS IN NON-RESIDENTIAL ZONES

Notes:

B. All front setbacks that are not occupied by a structure or used for required parking shall be landscaped or maintained as open space. Impervious surfaces are prohibited within setbacks, except for driveways, emergency access lanes, pedestrian walkways, bicycle paths, and similar improvements as determined by the Zoning Administrator.

C. Xeriscape landscaping may be used to satisfy minimum landscaped area requirements.

(Ord. No. 765 § 2 (Exh. A) (part))

See Section 44-3.20.050.

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Landscape Plan Required. Projects subject to the requirements of this section shall submit a landscape plan as part of applications for all permits as required by the zoning code and as part of Building Permit Applications when necessary.

(b) Require Landscape Plan Contents. Landscape plans shall include the following features and information:

(1) Site boundaries of the subject property;

(2) Existing structures on the subject property;

(3) Structures within 100 feet of the subject property lines;

(4) All new structures and improvements proposed as part of the development project;

(5) Existing landscaping, trees, and vegetation to be retained;

(6) All new landscaping proposed as part of the development project, including dimensions and sizes of proposed landscaping areas;

(7) Diagram or schematic depicting all proposed hydrozones within the landscaping area if necessary;

(8) Identification of water supply type (e.g., potable, recycled, well) and identification of the local retail water purveyor if the applicant is not served by a private well;

(9) Any additional information as determined by the reviewing authority to demonstrate compliance with the requirements of this section.

(c) Review and Approval. The Department of Planning and Building shall review all landscape plans to verify compliance with the requirements of this section. Landscape plans shall be approved by the review authority acting upon the permit application for the proposed new development (e.g., Planning Commission for a Use Permit or Zoning Administrator for an Administrative Permit or a Minor Use Permit).

(d) Changes to Approved Landscape Plans. If substantial modifications to an approved landscape plan are requested by an applicant, the modifications must be approved by the review authority which approved the landscape plan. The Zoning Administrator may approve minor modifications to a landscape plan previously approved by the Planning Commission or Board of Supervisors. Minor modifications are defined as changes to a landscape plan that do not decrease the total amount of landscaped area, alter the general design character of the landscaped area, or alter a feature of the landscaped area specifically required by the decision-making authority.

(Ord. No. 765 § 2 (Exh. A) (part))

Projects subject to the requirements of this section shall comply with the following irrigation and water efficiency standards.

(a) Irrigation System. Water-efficient irrigation systems (e.g., bubbler type, drip, mini-spray) shall be required. Irrigation systems shall include check valves to prevent low head drainage, appropriate nozzles to prevent overspray, and automatic and self-adjusting irrigation controllers that include moisture and/or rain sensor shutoff. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

(b) Irrigation Schedule. Landscape irrigation shall be scheduled between the hours of 8:00 p.m. and 10:00 a.m. to avoid irrigating during times of high wind, high temperature, and high water usage.

(c) Hydrozones. Each hydrozone shall have plant materials with similar water use.

(Ord. No. 765 § 2 (Exh. A) (part))

In addition to the guidelines and standards contained in this section, all landscaping subject to the requirements of the California Water Conservation in Landscaping Act (Government Code Section 65591 et seq.) shall also comply with the Model Water Efficient Landscaping Ordinance prepared by the California Department of Water Resources (DWR). If conflicts occur between the Model Water Efficient Landscaping Ordinance and the Zoning Ordinance, the more restrictive shall apply.

(Ord. No. 788 § 11 (part))

All fencing, walls, hedges and other barriers which are solid shall comply with chapter 12D (Sight Distance Obstructions) and the following regulations.

(Ord. No. 788 § 11 (part))

(a) Three-Foot Limit. In all residential zones, no fencing, walls, hedges or other barriers that are solid or over three feet in height when measured from the elevation of the adjacent street grade shall be allowed in the following areas. The term “solid” as used in this section shall mean greater than fifty percent opaque and/or solid.

(1) In the required front yard setback.

(2) On the street side of a corner lot, no closer than ten feet to the street side property line, except that such structures may come to within five feet from the street side property line between the rear property line and a point set back fifteen feet from the front corner of the residence closest to the street side yard; provided, that the structure does not pose a traffic sight obstruction.

(3) On the street side of a corner lot, within a triangle formed by measuring thirty feet from the front side yard street corner down the street side yard lot line and the front yard lot line.

(b) Four-Foot Height Limit. In the R-R zone, the maximum height allowed in subsection (a) of this section may be increased to four feet for such structures when measured from the elevation of the adjacent street grade which are seventy-five percent open to views through the fence.

(c) Seven-Foot Height Limit. No fence over seven feet in height shall be allowed in any setback in any residential zone.

(Ord. No. 788 § 11 (part))

Fencing in all commercial and industrial zones is subject to the site plan review provisions of section 44-1.80 to assure that all fencing plans meet building code requirements and chapter 12D and shall be subject to the appeal provisions of section 44-1.80.080.

(Ord. No. 788 § 11 (part))

Fencing in all agricultural zones shall comply with chapter 12D.

(Ord. No. 765 § 2 (Exh. A) (part))

This section establishes standards for vehicle parking facilities and freight loading areas. The purpose of these parking and loading standards is to promote public health, safety, and welfare by reducing street congestion, traffic hazards, requiring safe and convenient access to businesses, public services, and places of public assembly, and ensuring compatibility with surrounding land uses.

(Ord. No. 765 § 2 (Exh. A) (part))

The requirements in this section shall apply to all new structures and uses and to changes in land uses or structures that require a permit pursuant to Articles 44-1 and 44-2.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 12)

(a) Number of Spaces. All land uses shall provide on-site parking as required in Table 44-3.20-1.

TABLE 44-3.20-1: ON-SITE PARKING REQUIREMENTS

(b) Unlisted and Unidentified Uses.

(1) The Zoning Administrator shall determine on-site parking requirements for uses not listed in Table 44-3.20-1 or for non-residential “shell” structures with no identified uses or tenants.

(2) On-site parking requirements for unlisted uses shall be based on the parking requirements of similar or anticipated uses in Table 44-3.20-1.

(3) The Zoning Administrator may require the preparation of a parking demand study to determine the parking requirements for unlisted uses.

(c) Multiple Uses. When more than one land use is conducted on a parcel, the required number of parking spaces shall be the sum of the number of parking spaces required for each individual use.

(d) Fractional Spaces. If the number of required parking spaces does not result in a whole number, the number shall be rounded down to the nearest whole number.

(e) Replaced Uses. A new use that replaces an existing use shall provide parking only for the additional parking required for the new use beyond that which was required by the existing use.

(f) Availability and Use of Spaces.

(1) Required parking spaces shall be permanently available and maintained for parking purposes for the use they are intended to serve.

(2) Owners, lessees, tenants, or persons having control of the operations of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

(3) Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipments, or for any other use not authorized by the zoning code.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Compact Car Spaces.

(1) Parking requirements for non-residential uses requiring ten or more parking spaces may include compact car spaces for up to 25 percent of the number of required parking spaces.

(2) Compact parking spaces shall be a minimum of 8 feet in width and 16 feet in length.

(3) All parking spaces for compact cars shall be clearly marked with the word “Compact” either on the wheel stop or curb, or on the pavement at the opening of the space.

(4) Compact parking stalls shall be reasonably dispersed throughout the parking area.

B. Parking for Persons with Disabilities.

(1) Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from designated disabled parking spaces to the public right-of-way and into structures on the parcel.

(2) The number of parking spaces for the disabled shall be as required by the Uniform Building Code, the Federal Accessibility Guidelines, and the California Code of Regulations (Title 24, Part 2, Chapter 2-71).

(3) Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 44-3.20-1.

C. Shared Parking. Where two or more non-residential uses on a single site are developed as a recognized shopping or professional center, and have distinct and differing hours of use and peak traffic period (e.g., a movie theater and a bank), the required parking may be adjusted by the approving authority, provided that the reduction does not exceed fifty percent of the amount of spaces required by the most intensive of the two or more uses sharing the parking. Such reductions shall apply only to those spaces within 300 feet of the affected use.

D. Off-Site Parking. Required parking may be located off-site when all of the following requirements are met:

1. Off-site parking for commercial or industrial uses is located on a site where parking is otherwise allowed and is located within 500 feet of the site which it is intended to serve.

2. There shall be no hazardous traffic safety conditions for pedestrians utilizing off-site parking facilities.

3. A parking covenant subject to approval of County Counsel is recorded between all concerned parties ensuring the continued availability of the of-site parking facilities for the life of the use it is intended to serve.

E. Downtown Arbuckle and Downtown Maxwell. Within the Downtown Arbuckle and Downtown Maxwell areas (see Figure 44-3.50-4), the following special parking standards shall apply: Owners or lessees with existing structures within the Downtown areas who construct new floor area, expand by converting existing floor area, and/or intensify the occupancy load (as defined by the California Building Code) of an existing building, and whose location limits the development of on-site parking as required by this section may be permitted to obtain a development permit, and not be required to provide the required on-site parking spaces, unless there is adequate on-site area available for parking lot expansion or development. A deviation of parking application must be considered and approved by the approving authority in such cases.

F. Increases and Decreases in Parking Requirements.

1. Increases. The number of parking spaces required by this section may be increased by the approving authority as a condition of a use permit or other applicable zoning permit where it is determined that the proposed use would have a parking demand in excess of the requirements of this section.

2. Decreases. Administrative relief from strict compliance with the provisions for non-residential uses may be granted by the approving authority on the relevant zoning permit for a project where the approving authority finds all of the following:

a. The intent of the parking standards in this section is preserved.

b. The parking provided is sufficient to serve the use for which it is intended.

c. The modification will not be detrimental to the public health or safety.

In considering requests for reduction in the number of parking spaces, the approving authority shall consider:

i. Size and type of use or activity;

ii. Composition and number of tenants;

iii. Peak traffic and parking loads;

iv. Rate of turnover; and

v. Availability of public or alternative transportation, including bus stops, carpools or employer-provided transportation.

(Ord. No. 765 § 2 (Exh. A) (part))

The following parking design standards shall apply in all zones.

A. Dimensions.

1. Standard parking spaces shall be 9 feet wide by 19 feet long.

2. Angles and parallel parking spaces and parking lot aisles shall comply with the dimensions in Table 44-3.20-2 (Minimum Angled and Parallel Parking Stall Dimensions) and Figure 44-3.20-1 (Parking Dimension Standards).

TABLE 44-3.20-2: MINIMUM ANGLED AND PARALLEL PARKING STALL DIMENSIONS

B. Access.

1. Every parking and loading stall shall be individually accessible from the drive aisle without displacement of other vehicles.

2. Except for one- and two-family dwellings, parking stalls shall be designed so as to prohibit the backing of vehicles directly into any public right-of-way in order to exit any parking space.

C. Surfacing and Drainage.

1. All parking areas shall either be paved with asphalt, concrete, or other all-weather surface, or shall be treated with dust-minimizing measures.

2. Permeable paving materials such as porous concrete/asphalt, open-jointed pavers, and turf/gravel grids are a permitted surface material.

3. The use of light colored materials to help reduce surface temperatures is encouraged.

4. All parking areas shall be graded to provide adequate drainage for all surface areas, and shall drain into a street, alley, or other improved stormwater drainage infrastructure.

5. The gradient of all parking surfaces and aisles shall not exceed six percent.

D. Lighting. All employee and visitor parking areas shall include lighting capable of provide adequate illumination for security and safety. All outdoor lighting used to illuminate parking areas shall comply with the requirements of Section 44-3.30.

E. Passenger Loading Areas. Passenger loading areas shall be provided for any building or building complex that will generate 50 or more employees at maximum occupancy. Such areas shall be located convenient to the primary employee entrances, and shall be designated either by signs or painted pavement.

(Ord. No. 765 § 2 (Exh. A) (part))

Parking areas with 10 or more parking spaces shall comply with the following landscaping standards.

A. Screening.

1. When a parking lot is located adjacent to a public street, a 6-foot landscaped buffer strip shall be provided between the parking area and the public street.

2. Within commercial zones, industrial zones, and agricultural zones containing industrial-type uses (such as agricultural processing facilities), parking areas that abut residentially zoned property shall be screened by a row of densely planted evergreen trees, tall shrubs, or similar landscaping.

B. Interior Landscaping.

1. Where a parking lot contains 20 or more parking spaces, interior landscaping equivalent to 5 percent of the gross area used for parking and access purposes should be devoted to landscaping. Interior landscaping excludes landscaping buffer strips along the property line.

2. At least one tree having a minimum size of 15 gallons or equivalent shall be provided for each 10 parking spaces, exclusive of the landscape buffers.

3. All plant materials shall be nonpoisonous and shall be maintained free from weeds, debris, and undesirable materials. Plant materials showing damage from insects or disease shall be replaced in accordance with the approved landscape plan.

4. Landscaped areas shall emphasize the use of living plant material. However, the use of bark, decorative rock, water, and similar materials or features may be utilized, providing such materials do not exceed 30 percent of the required landscape area.

C. Maintenance. All landscaped areas should be kept free of debris, trash, weeds, and other unsightly material. Landscape material requiring pruning or mowing should be maintained on a periodic basis to avoid overgrowth and visual deterioration.

(Ord. No. 765 § 2 (Exh. A) (part))

A. General Requirements.

1. Off-street freight and equipment loading spaces shall be provided for all commercial, office, and industrial land uses meeting the minimum gross floor area sizes shown in Table 44-3.20-3 (Required Loading Spaces).

2. The minimum numbers of loading spaces are shown are shown in Table 44-3.20-3.

TABLE 44-3.20-3: REQUIRED LOADING SPACES

3. Industrial developments with two or more dock-high loading spaces shall provide one trailer parking/waiting space, a minimum of 12 feet wide by 45 feet long, for each two loading spaces.

4. All designated loading areas shall be striped and clearly identified as for loading purposes only.

B. Dimensions.

1. Each loading space shall have minimum dimensions of 12 feet wide, 40 feet long, and 14 feet vertical clearance.

2. Deviations from the minimum dimension standards may be approved by the Zoning Administrator if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.

C. Location.

1. Loading areas shall be designed to ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way.

2. Loading and maneuvering areas shall not encroach into required employee or visitor parking areas or other areas on-site required for vehicle circulation.

3. Loading and maneuvering areas shall not encroach into required front yard setback areas.

(Ord. No. 765 § 2 (Exh. A) (part))

This section establishes minimum requirements for outdoor lighting in order to reduce light trespass, reduce glare, improve and maintain views of the night sky, and to protect the health, property and well-being of Colusa County residents and visitors. The requirements of this section apply to all outdoor lighting in all residential, commercial, industrial, and special purpose classifications, and to all outdoor lighting in other classifications adjacent to a residential or commercial classification. This section does not apply to lighting and publicly owned facilities, including public rights-of-way.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Nuisance Prevention. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way as illustrated in Figure 44-3.30-1 (Light Trespass).

B. Shielding. Except as otherwise exempt, all outdoor lighting shall be constructed with full shielding and/ or recessed to reduce light trespass to adjoining properties and to reduce illumination of the night sky. Each fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the site. Fixtures located higher than 6 feet above the ground shall have shielding that limits the angle of the cone of direct illumination to 60 degrees or less, as shown on Figure 44-3.30-2 (Light Shielding). Examples of adequate and inadequate light fixture shielding are shown on Figure 44-3.30-3 (Acceptable and Unacceptable Shielding).

C. Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties. Moving, flashing, or animated lighting shall require a Use Permit.

D. Energy-Efficient Fixtures Required. Outdoor lighting shall utilize energy-efficient (high-pressure sodium, metal halide, low-pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater efficiency) fixtures and lamps. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.

E. Accent Lighting. Architectural features may be illuminated by uplighting, provided that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Where ever feasible, solar-powered fixtures should be used.

F. Signs. Lighting of signs shall be in compliance with Section 44-3.50 of this zoning code.

G. Telecommunications Towers. Telecommunication towers and related equipment shall be unlit, except as provided below:

1. A manually operated or motion-detector-controlled light above the equipment shed door may be provided, except that the light shall remain off except when personnel are present at night; and

2. The minimum tower lighting required under FAA regulation; and

3. Where tower lighting is required, said lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning classifications or uses.

(Ord. No. 765 § 2 (Exh. A) (part))

The following items shall be exempt from this section.

A. All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas fixtures.

B. Temporary lights used for holiday decorations.

C. Emergency or temporary lighting erected for official purposes by local, state, or federal agencies.

D. Lighting for temporary uses and special events permitted by Colusa County.

(Ord. No. 765 § 2 (Exh. A) (part))

The following types of lighting are prohibited:

A. Neon tubing or band lighting along buildings and/or structures, except as approved through a Minor Use Permit, Use Permit, or Sign Permit.

B. Search lights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel, or for approved temporary lighting for a special event approved by the County.

C. Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.

D. Illumination of entire buildings.

E. Roof-mounted lighting, except for security purposes.

(Ord. No. 765 § 2 (Exh. A) (part))

The purpose of this section is to provide a means for granting density bonuses and incentives in compliance with Government Code Sections 65915 through 65917. This section provides density bonuses and incentives for projects that are affordable to very low, low, and moderate income households and projects restricted to occupancy by senior citizens.

(Ord. No. 765 § 2 (Exh. A) (part))

Unless otherwise specified in this section or unless the context plainly requires otherwise, the words and phrases used in this shall have the meanings defined by this chapter and the meanings attributed to them in Government Code Section 65915 et seq.

A.

“Project” or “development”

as used in this section, means either a project with five or more residential units, including projects to substantially rehabilitate existing residential units as defined by Government Code Section 65863.4 where the rehabilitation would result in a net increase in residential units.

B.

“Density bonus”

means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the County.

C.

“Affordable housing unit”

means any extremely low, very low, low, or moderate income unit created pursuant to this section.

D.

“Senior housing unit”

means any housing unit restricted to occupancy by a senior citizen household pursuant to this chapter.

E.

“Extremely low income households”

means persons and families earning less than 30 percent of the area median income adjusted for household size and whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, per Section 50106 of the Health and Safety Code.

F.

“Very low income households”

means persons and families earning less than 50 percent of the area median income adjusted for household size and whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, per Section 50105 of the Health and Safety Code.

G.

“Low” or “Lower income households”

means persons and families earning less than 80 percent of the area median income adjusted for household size and whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, per Section 50079.5 of the Health and Safety Code.

H.

“Moderate income households”

means persons and families whose income exceeds the amount established for low income households and is less than 120 percent of area median income per Section 50093 of the Health and Safety Code.

I.

“Child care facility”

is defined as means a child day care facility other than a family day care home.

(Ord. No. 765 § 2 (Exh. A) (part))

The provisions of this section shall apply to the following types of projects that meet the following affordability and/or age requirements.

A. Types of Projects. The provisions of this section shall apply to:

1. New residential projects, including projects with a mix of residential and other uses, of 5 or more dwelling units, regardless of the type of dwelling units proposed;

2. Renovation of one or more multi-family residential structures containing at least 5 units so as to result in a net increase the number of residential units.

3. Development that will change the use of an existing building from nonresidential to residential and that will provide at least 5 residential units.

4. Developments that include the conversion of at least 5 residential rental units to ownership housing.

B. Affordability and Age Requirements. In order for a project to receive a density bonus, incentives, and/ or concessions under this section, the project shall meet one of the following requirements:

1. A minimum of 10 percent of the dwelling units are for low income households; or

2. A minimum of 5 percent of the dwelling units are for very low or extremely low income households; or

3. A minimum of 10 percent of the total dwelling units in a common interest development, as defined in Civil Code Section 1351, are for households of moderate income, provided that all units are offered to the public for purchase.

4. A senior citizen project or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 51.2, 51.3, 798.76, or 799.5. Senior citizen projects shall be restricted to occupancy by senior citizens in perpetuity.

5. Length of Affordability. Extremely low, very low, and low income units shall be affordable to eligible households for a minimum period of 30 years, beginning at the initial occupancy of each affordable housing unit, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Projects that provide moderate income units in a common interest development shall ensure the initial occupancy of the unit by a moderate income household and the occupancy and resale of the unit shall be governed by an affordable housing agreement.

(Ord. No. 765 § 2 (Exh. A) (part))

A project that complies with the eligibility requirements of Section 44-3.40.020 shall be entitled to a density bonus. The applicant shall elect whether the density bonus shall be awarded on the basis of paragraph A, B, C, D, E, or F of this subsection. The applicant may request a smaller density bonus.

A. Bonus for Units for Very Low Income Households. For developments that include 5 percent of the total dwelling units for very low income households, the density bonus shall be calculated as follows:

TABLE 44-3.40-1: VERY LOW INCOME DENSITY BONUS

B. Bonus for Units for Low Income Households. For developments that include 10 percent of the total dwelling units for low income households, the density bonus shall be calculated as follows:

TABLE 44-3.40-2 - LOW INCOME DENSITY BONUS

C. Bonus for Units for Moderate Income Households. For developments that include 10 percent of the total dwelling units in a common interest development for households of moderate income, the density bonus shall be calculated as follows:

TABLE 44-3.40-3 - MODERATE INCOME DENSITY BONUS

D. Bonus for Senior Citizen Housing. For an eligible senior citizen project, the density bonus shall be 20 percent of senior citizen housing units.

E. Bonus for Land Donation. When an applicant for a residential development agrees to donate land to the County for very low income households, the applicant shall be entitled to a density bonus for the entire market rate development, provided that nothing in this section shall be construed to affect the authority of the County to require a developer to donate land as a condition of development.

1. The applicant shall be entitled to a density bonus increase above the maximum allowed residential density for the entire market-rate residential development. The Density Bonus for land dedication shall be in addition to any other density bonus allowed by this chapter, up to a maximum total density bonus of 35 percent. The density bonus for land donation shall be calculated as follows:

TABLE 44-3.40-4 - VERY LOW INCOME DENSITY BONUS - LAND DONATION

2. Eligibility for Land Donation Bonus. An applicant shall be eligible for the increased Density Bonus described in this section if all of the following conditions are met:

a. The applicant donates and transfers the land to the County no later than date of approval by the County of the final subdivision map, parcel map, or residential development that is the subject of the density bonus.

b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of market-rate residential units of the proposed development.

c. The transferred land: I) is at least one acre in size or of sufficient size to permit development of at least 40 units; ii) has the appropriate General Plan designation and is appropriately zoned for development of very low income housing; iii) is or will be served by adequate public facilities and infrastructure for the development of very low income housing; iv) has appropriate zoning and development standards to make the development of the very low income housing units feasible; and v) has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units, except that the County may subject the proposed development to subsequent design review, if the design is not reviewed by the County prior to the transfer.

d. The transferred land and very low income housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring affordability consistent with Section 44-3.40.020(B)(5).

e. The land is transferred to the County or to a housing developer approved by the County.

f. The transferred land is within the proposed development or, if approved by the County, within one-quarter mile of the boundary of the proposed development.

g. A proposed source of funding for the development of very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

F. Bonus for Condominium Conversions. When a development is the conversion of an existing apartment complex to a condominium complex and the applicant agrees to make at least 33 percent of the total units of the development affordable to moderate income households for 30 years, or 15 percent of the total units of the proposed development affordable to lower income households for 30 years, and agrees to pay for the administrative costs incurred by the County to process the application and to monitor the continued affordability and habitability of the affordable housing units, the County shall either:

1. Grant a density bonus of 25 percent, or

2. Provide other incentives of equivalent financial value as determined by the County.

An applicant shall be ineligible for a density bonus or other incentive(s) under this section if the apartments proposed for conversion are part of a project for which a density bonus or other incentive(s) were previously provided under this chapter or Government Code Section 65819 et seq.

G. Bonus for Projects with a Child Care Facility. When an applicant proposes to construct a development that conforms to the requirements of Section 44-3.40.020 and includes a child care facility located on the premises, or as part of, or adjacent to, the development, the County shall grant either of the following:

1. An additional density bonus of 5 percent provided that the total density bonus for the project does not exceed 35 percent. The density bonus is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility and shall not exceed a maximum of 5 square feet of floor area of new structures for each 1 square foot of floor area contained in the child care facility; or

2. An additional incentive or concession designated by the County that contributes significantly to the economic feasibility of the construction of the child care facility. This incentive or concession is in addition to the number of incentives the project may be granted under Section 44-3.40.040(A).

H. Calculation of Density Bonus.

1. All density calculations resulting in fractional units shall be rounded up to the next whole number.

2. For the purposes of this chapter “total dwelling units” does not include units added by a density bonus awarded pursuant to this section or any other density bonus allowed by the County or State law.

3. If the site of a development proposal that requests a density bonus is located in two or more General Plan designations or zoning classifications, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zones. The permitted number of dwelling units may be distributed within the development without regard to the zoning boundaries.

4. If the applicant desires to develop a density bonus project available to a mix of income levels or age groups, the project may combine its allowed density bonus, based on calculations approved by the Director, to a maximum density bonus of 35 percent.

5. The density bonus shall be based on “maximum allowable residential density” which means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

6. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the project other than the areas where the units for the lower income households are located.

(Ord. No. 765 § 2 (Exh. A) (part))

When an applicant seeks a density bonus or seeks to donate land for housing, the County shall provide the applicant with incentives or concessions for the production of housing units. These incentives are also applicable to child care facilities as described under Section 44-3.50. The applicant must request a density bonus on their project application, as described in Article 44-1, identifying the specific incentives or concessions that the applicant requests.

A. Number of Incentives. The County shall grant the following number of incentives, except as provided in Section 44-3.50(A):

1. One incentive or concession for a project that includes: at least 10 percent of the total units affordable to low income households, at least 5 percent of the total units affordable to very low income households, or at least 10 percent of the total units affordable to households of moderate income in a common interest development; or

2. Two incentives or concessions for a project that includes: at least 20 percent of the total units affordable to low income households, at least 10 percent of the total units affordable to very low income households, at least 5 percent of the total units affordable to extremely low income households, or at least 20 percent of the total units affordable to households of moderate income in a common interest development; or,

3. A total of three incentives or concessions for a project that includes: at least 30 percent of the total units affordable to low income households, at least 15 percent of the total units affordable to very low income households, or at least 30 percent of the total units affordable to households of moderate income in a common interest development.

4. One additional incentive for a project that is affordable to low income households and provides any of the following: at least 25 percent of the units as 3- or 4-bedroom units, at least 25 percent of the units accommodate disabled persons and are set-aside for occupancy by disabled persons, or at least 10 percent of the units are affordable to extremely low income households.

5. Any combination of the above incentives shall not exceed three incentives per project.

B. Types of Incentives or Concessions. For the purposes of this chapter, “incentive” or “concession means any of the following:

1. A reduction in the site development standards that results in identifiable, financially sufficient, and actual cost reductions. The reduction may include, but is not limited to:

a. Reduced minimum lot size,

b. Reduced minimum lot width,

c. Reduced minimum setback,

d. Increased maximum building height,

e. Reduced on-site open-space requirement,

f. Increased maximum lot coverage,

g. Increased floor area ratio, or

h. Reduced parking requirement.

2. A reduction in architectural design requirements that exceeds the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions.

3. Approval of mixed use development in conjunction with the proposed development if non-residential uses will reduce the development cost of the residential portion of the proposed development, and if the non-residential uses are compatible with the proposed development and with existing or planned development in the area.

4. Expedited project processing. The project will receive expedited project processing, which will include:

a. Mandatory Pre-Development Review Meeting. An applicant requesting expedited project processing must participate in a mandatory pre-development review meeting prior to submittal of the project application, and must pay all applicable pre-development meeting fees.

b. The review period(s) to determine completeness of the project application will be reduced from 30 calendar days to 25 calendar days.

c. Upon completion of project processing, including completion of the environmental document, if necessary, at the applicant’s request the County will schedule the project for a public hearing, if required, and for project consideration by the decision-making body.

5. Other regulatory incentives or concessions proposed by the applicant or the County that result in identifiable, financially sufficient, and actual cost reductions.

6. A direct financial contribution, waiver of fees, or reduction of fees, when financially feasible, at the sole discretion of the Board of Supervisors. Nothing in this chapter shall be construed to require the provision of direct financial incentives for the development, including the provision of publicly owned land by the County or other waiver of fees or dedication requirements.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Upon the request of the applicant, a project shall be required to comply with the following parking standards:

1. Zero to one bedroom: one on-site parking space.

2. Two to three bedrooms: two on-site parking spaces.

3. Four and more bedrooms: two and one-half on-site parking spaces.

B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C. For purposes of this section, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

D. This subdivision shall only apply at the specific written request of the applicant to a development that meets the requirements the criteria of Section 44-3.40.020. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to Section 44-3.40.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Application. In order to receive a density bonus, concessions, and/or incentives pursuant to this section, an Applicant must submit to the County a density bonus request which will be treated as part of the development application. At any time during the review process, the Director may require from the applicant additional information reasonably necessary to clarify and supplement the application or to determine the development’s consistency with the requirements of this section. The density bonus request shall include the following:

1. A description of the project, including the total number of proposed market rate units, affordable housing units, and/or senior housing units;

2. The zoning and General Plan designations and assessor’s parcel number(s) of the project site;

3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways and parking layout;

4. A description of the concessions or incentives requested;

5. If an additional incentive(s) is requested, the application shall describe why the additional incentive(s) is necessary to provide the affordable housing units;

6. The draft Affordable Housing Plan meeting the requirements described in Paragraph B of this section; and

7. Any other information reasonably requested by the County to aid in the implementation of this section.

B. Affordable Housing Plan. An applicant shall submit an affordable housing plan as part of the density bonus request. The affordable housing unit plan shall include the following:

1. The location, structure (attached, semi-attached, or detached), proposed tenure (sale or rental), and size of proposed market-rate, and affordable housing units and the proposed tenure and size of non-residential uses included in the development.

2. A floor or site plan depicting the location of the affordable housing units and a floor plan describing the size of the affordable housing units in square feet;

3. The income level to which each affordable housing unit will be made affordable;

4. Draft of the documents to be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deed of trust, and rights of first refusal and other documents;

5. For phased developments, a phasing plan that provides for the timely development of affordable housing units in proportion to other housing units in each proposed phase of development as required by this section;

6. A marketing plan that describes how the applicant will inform the public, and those within the appropriate income groups, of the availability of affordable housing units;

7. A financial report (pro forma) to evaluate: i) whether the concessions or incentives sought would result in identifiable, financially sufficient, and actual cost reductions and ii) whether the concessions or incentives sought would reduce the cost of the project; and

8. Any other information reasonably requested by the Director to assist with evaluation of the Affordable Housing Plan or density bonus request.

C. The granting of a density bonus, incentive, and/or concession shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

D. Approval Authority. The entity with approval authority for the administrative permit, minor use permit, subdivision map, parcel map, or other primary entitlement requested by the applicant shall consider the requested density bonus, incentives, and concessions.

E. Affordable Housing Agreement. Applicants, including the property owner, receiving a density bonus, incentives, and/or concessions pursuant to this section shall enter into an affordable housing agreement with the County.

1. Condition of Approval. An affordable housing agreement shall be a condition of approval for all residential developments subject to this chapter and shall be recorded as a restriction on any residential development on which the affordable and/or senior housing units will be constructed.

2. Timing. The affordable housing agreement shall be recorded prior to or concurrently with final parcel map or final subdivision map approval, or, where the residential development does not include a map, prior to issuance of a building permit for any structure in the residential development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.

3. Duration. The affordable housing agreement shall be binding on all future owners and successors in interest for the applicable affordability period, which shall begin at the initial occupancy, of each affordable housing unit. Senior projects shall be restricted to occupancy by senior citizens in perpetuity.

4. Contents. The affordable housing agreement shall address the occupancy, affordability, resale, and other restrictions identified at Government Code Section 65915(c) and shall include the following, at a minimum without limitation:

a. The total number of units approved for the residential development and the number, location, and level of affordability of the affordable and senior units.

b. Standards for determining affordable rent or affordable ownership cost for the affordable units.

c. The location, unit size in square feet, and number of bedrooms of the affordable and senior units.

d. Provisions to ensure initial and continuing affordability, including the execution and recordation of subsequent agreements.

e. A schedule for completion and occupancy of affordable and senior units in relation to construction of market rate units.

f. A description of remedies for breach of the agreement by either party. The County may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

g. Procedures for qualifying tenants and prospective purchasers of affordable and senior units.

h. Provisions requiring maintenance of records to demonstrate compliance with this chapter.

i. Provisions requiring fair housing practices, as defined by the California Fair Employment and Housing Act (Government Code Section 12900 et seq.) in the marketing, rental, or sale of any affordable housing unit.

j. Other provisions to ensure implementation and compliance with this chapter.

F. Child Care Facility Agreement. Applicants, including the property owner, receiving a density bonus, incentives, and/or concessions for a child care facility pursuant to this section shall enter into an affordable housing agreement with the County. The County shall require a child care facility agreement as a condition of approving the development. The agreement shall include the following conditions governing the use and operation of the child care facility during the use restriction period:

1. The child care facility shall remain in operation as long as or longer than the time period during which the affordable housing units are required to remain affordable pursuant to the affordable housing agreement; and

2. Of the children who attend the child care facility, the children of very low income households, low income households, moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are made affordable to very low income households, low income households, or moderate income households pursuant to the affordable housing agreement.

3. If the developer uses the space allocated for the child care facility for purposes other than for a child care facility, an assessment based on the square footage of the project shall be levied and collected by the County. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project shall be levied and collected by the County. The assessment shall be consistent with the market value of the space. If the assessment is levied against a consortium of developers, the assessment shall be charged to each developer in an amount equal to the developer’s percentage square feet participation. Funds collected pursuant to this requirement shall be deposited by the County into a special account to be used for child care services or child care facilities.

4. Once the child care facility has been established, the facility shall not be closed, undergo change in use, or be reduced in physical size unless the County makes a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established.

G. Administrative Fee. The County shall charge an Administrative Fee to applicants to cover the County’s cost of on-going enforcement of this section. The amount of the administrative fee shall be established from time-to-time by Board ordinance. Fees will be charged for costs, including staff time and materials, associated with: review and approval of applications for the project; project marketing and lease-up materials associated with the affordable housing units; and long-term compliance with the applicable provisions of this section.

H. Denial of Density Bonus, Incentives, and or Concessions for Affordable Housing. The density bonus, incentives, and/or concessions requested shall be granted unless the County denies specific incentives and/or concessions based on the entity with approval authority making any of the following written findings, based on substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units set as specified in this section; or

2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety, the physical environment, or on any real property that is listed in the California Register of Historic Resources, the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to low and moderate income households; or

3. The incentive or concession would be contrary to State or Federal law.

I. Denial of Density Bonus, Incentives, and/or Concessions for a Child Care Facility. Notwithstanding any requirement of this section, the County need not provide a density bonus, incentive, or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Affordable housing units must be constructed concurrently with market-rate units. Affordable housing units shall be integrated into the project and be comparable in infrastructure (including sewer, water and other utilities), construction quality, and exterior design to the market-rate units. The affordable housing units must also comply with the following criteria:

1. Rental Developments: Rental units shall be integrated within and reasonably dispersed throughout the project. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, and shall not be distinguished by design, construction, or materials.

2. Owner-occupied Developments: Owner-occupied units shall be integrated within the project. Affordable housing units may be smaller in size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing as determined by the Director. All affordable housing units shall reflect the range and numbers of bedrooms provided in the project as a whole, except that affordable housing units need not provide more than four bedrooms.

B. No building permits will be issued for market-rate units until permits for all affordable housing units have been obtained, unless affordable housing units are to be constructed in phases pursuant to a plan approved by the County.

C. Market-rate units will not be inspected for occupancy until all affordable housing units have been constructed, unless affordable housing units are to be constructed in phases pursuant to a plan approved by the County.

(Ord. No. 765 § 2 (Exh. A) (part))

The provisions of this section shall apply to all agents, successors and assignees of an applicant receiving a density bonus, incentive, and/or concession pursuant to this chapter. No tentative map, use permit, special development permit or occupancy permit shall be issued for any project that has been granted a density bonus under this section unless that map or permit is exempt from or in compliance with the requirements of this chapter.

A. If the Director determines that rents in excess of those allowed by the affordable housing agreement have been charged to a tenant residing in a rental affordable housing unit, the County may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the County in the event the tenant cannot be located), any excess rent paid.

B. If the Director determines that a sales price in excess of that allowed by the affordable housing agreement has been charged for an ownership affordable housing, the County may take the appropriate legal action to recover, and the seller of the affordable housing unit shall be obligated to pay to the purchaser (or to the County in the event the purchaser cannot be located), any excess sales costs.

C. Failure of any official or agency to enforce the requirements of this section shall not constitute a waiver or excuse any applicant or owner from the requirements of this section. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this section have been satisfied.

(Ord. No. 765 § 2 (Exh. A) (part))

This section establishes regulations relating to the permitted type, size, height, placement, and design of signs. The intent of these regulations is to:

(a) Support economic vitality and promote local businesses without detracting from the scenic qualities of the County, including the County's rural, agricultural, and open space areas;

(b) Promote high quality and aesthetically pleasing design within the County's communities;

(c) Minimize hazards to pedestrians, motorists, and bicyclists caused by distracting sign displays; and

(d) Provide standards for signs that safeguard and protect life, health, property, and public safety and welfare.

(Ord. No. 765 § 2 (Exh. A) (part))

The standards in this section apply to signs within all zones.

(Ord. No. 765 § 2 (Exh. A) (part))

No sign shall be installed on any real property situated in the County without approval in accordance with this section, unless the sign is allowed without a permit as identified at section 44-3.50.040.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 13)

(a) Permanent Signs Allowed Without a Permit. Sign type, placement, location and other standards identified at section 44-3.50.070 apply to permanent signs allowed without a permit. Permanent signs allowed without a permit shall not be illuminated and shall be no more than six feet in height if freestanding and no more than five feet in height if affixed to a building or other structure. The following signs are allowed without a permit and do not count towards the allowable area or number of signs on a site.

(1) Signs no greater than eight square feet that are consistent with all applicable standards in this section.

(2) Signs required by state or federal law, the County Code, a government agency, a public utility or service, or a court order.

(3) On-site directional or informational signs that provide information for the convenience or safety of the public, with a maximum area of five square feet. This type of sign includes directional signs in parking lots, signs listing hours of business, and signs identifying the locations of telephones or restrooms.

(4) Official flags of any state, nation, or government entity displayed in a manner consistent with the flag code (U.S.C.A. Title 36, Section 173 et seq.)

(5) Signs within a building or within an interior area on the property that are not visible from a public right-of-way.

(6) One commemorative sign that is cut into a permanent building material or made of a noncombustible material with a maximum area of sixteen square feet.

(7) One professional name plate identifying the name of a business or the name of an occupant of a commercial, industrial, public, or semi-public building with a maximum area of sixteen square feet.

(8) One bulletin board on the premises of a meeting facility or public building, with a maximum area of twelve square feet.

(b) Temporary Signs Allowed Without a Permit. Sign type, placement, location and other standards identified at section 44-3.50.070 apply to temporary signs allowed without a permit. However, with the exception of holiday decorations, temporary signs allowed without a permit shall not be illuminated and shall be no more than five feet in height if freestanding and no more than six feet in height if affixed to a building or other structure. Signs installed pursuant to this section shall not be placed on public property or in the public right-of-way. The following temporary signs are allowed without a permit:

(1) Holiday decorations commonly associated with any national, local or religious holidays, provided that such decorations be displayed for a period of no more than 45 consecutive calendar days or no more than 60 calendar days in one year;

(2) Campaign or political signs pertaining to an election to any public office or ballot measure may be installed on private property with the property owner's consent with the following restrictions:

(A) The maximum sign height shall be twelve feet;

(B) All signs that have a height greater than seven feet require a building permit in accordance with the building code;

(C) No campaign or political signs shall be greater than thirty-two square feet; and

(D) In no case shall a campaign or political sign through its construction, placement, or size endanger the health, safety, or welfare of any member of the public.

(3) New business signs that constitute a window sign or banner sign up to five square feet that identifies the name of the establishment may be installed upon submittal of an application for a permanent business identification sign. The temporary identification sign shall be removed upon installation of the permanent identification sign;

(4) One construction sign, with a maximum area of 32 square feet, may be placed in the front or side yard on private property with the property owner's consent during construction activities and up to 30 days following completion of construction activities.

(5) Real estate signs (e.g., for sale, for lease, under construction, etc.) for a residence that are six square feet or less per sign. One sign may be installed per public frontage. The signs shall be removed upon sale or lease of unit or building. Up to two rider signs up to one square foot each may be attached to the real estate sign;

(6) Real estate signs (e.g., for sale, for lease, under construction, etc.) for a non-residential use that are 20 square feet or less per sign. One sign may be installed per public frontage. The signs shall be removed upon sale or lease of the unit or building;

(7) Open house signs, including A-frame signs, to direct traffic from major collector and arterial streets to the subject property. These signs shall be removed daily at the close of the open house. One sign may be placed for each change in direction up to a maximum of six signs per open house each with a maximum sign area of two square feet per sign; and

(8) Temporary signs not exceeding twenty square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided that such signs are:

(A) Posted on private property with the property owners' consent;

(B) Posted no more than 21 calendar days before the event and only while the event is in progress; and

(C) Removed no more than five calendar days after the event.

(c) Changes to Sign Face. Changes to an on-premise sign face that do not structurally alter the sign or its size are allowed without a permit provided that the changes are consistent with the standards of this section.

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Administrative Permit Required. All signs not specifically identified in Section 44-3.50.040 (Signs Allowed Without Permits) require Zoning Administrator approval of an Administrative Permit.

(b) Submittal Requirements. An Administrative Permit application for a sign shall include all information and materials required by Title 44-1. Applications shall also include:

1. The name and address of the property owner and the sign contractor;

2. Site plans showing the location of the proposed sign;

3. Scale drawings showing the sign design and materials;

4. An inventory of the location, sign area, and sign type of all existing signs on the site, excluding signs that are allowed without a permit; and

5. Any additional information required by the Zoning Administrator to verify compliance with this section.

(Ord. No. 765 § 2 (Exh. A) (part))

The following signs shall be prohibited:

A. Signs that identify a use, facility, or service which is not located on the parcel or premise where the sign is located, except for temporary real estate signs consistent with Section 44-3.50.040 (Signs Allowed Without Permits) and off-site billboards consistent with Section 44-3.50.080 (Signs Allowed With a Permit).

B. Any sign that projects above the building roof to which it is affixed.

C. Signs that obstruct a door, window, fire escape, or other required access way.

D. Signs that encroach into any right-of-way or easement, means of ingress or egress, or path of travel, except as specifically allowed by this section.

E. Signs that emit sound, with the exception of a permitted drive-through or menu sign.

F. Signs adversely affecting traffic control or safety, including signs that interfere with visibility for drivers at an intersection, public right-of-way, or driveway.

G. Signs located on public property or in the public right-of-way, excluding official signs that are posted or required by a government agency, public utility, or public service and temporary signs that are specifically authorized by this section.

H. Signs that have less horizontal or vertical clearance from overhead utilities than required by State agencies.

I. Signs that have become a public nuisance due to inadequate maintenance, dilapidation, or abandonment.

J. Signs that were unlawfully installed, erected, or maintained.

K. Signs containing obscene, pornographic, or sexually explicit matter.

(Ord. No. 765 § 2 (Exh. A) (part))

A. Measurement of Sign Area.

1. The area of each face of a sign is measured as the area of the smallest rectangle or single continuous perimeter composed of no more than eight straight lines drawn at right angles that encloses all of the words, characters, images, and symbols on the sign face, and also includes any border or frame and any background color on the sign face. See Figure 44-3.50-1.

The area of a sign that has two parallel and back-to-back faces is counted only once if the distance between each sign face does not exceed two feet. For such a sign, the area shall be measured as the area of the largest face.

2. The area of a three-dimensional sign is measured as the area of the smallest rectangle that encloses the projection of that sign onto a vertical plane.

3. The total sign area on a site is calculated as the sum of the sign areas of all types of signs on the site, excluding signs that are exempt from obtaining an Administrative Permit.

B. Measurement of Sign Height. Sign height shall be measured from the upper most part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign. See Figure 44-3.50-2.

C. Maintenance. Signs shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired.

D. Illumination.

1. All signs may be illuminated from an internal or external light source. Illuminated signs in residential zones shall comply with the provisions of Section 44-3.30 (Lighting Standards). Signs with individual, three-dimensional letters may also use rear “halo” illumination for each letter.

2. Signs shall not have blinking, flashing, or fluttering lights or other illumination devices that have a changing light intensity, brightness, direction or color, with the exception of signs allowed by Section 44-3.50.080 (Signs Allowed with a Permit).

3. Electrical conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver of this requirement provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

4. Electronic Changeable Display. Wall, off-site, pole, and monument signs in the commercial, industrial, and agricultural classifications may have electronic changeable displays consistent with the following standards:

a. Only permitted in commercial, industrial, and agricultural zones.

b. Sign edge shall be 150 feet from any residential zones and shall not be visible from any residential zones.

c. Sign shall be a minimum of 150 feet from other electronic changeable copy signs.

d. Display (text or graphics) shall not change or move more often than every 30 seconds, except if display is text only. If the changing portion of the display is text only, the text shall not change or move more frequently than every 10 seconds.

e. Text shall not exceed 10 words at any one time.

f. Illumination shall be in accordance with Section 44-3.30.

g. Signs displaying graphics shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

E. Setbacks. Freestanding, monument, and off-site signs with a height greater than 42 inches shall not be located within 15 feet of any parcel line or within 14 feet of any driveway or alley or placed within any road right-of-way or obstruct adequate and safe sight distance for vehicles as determined by the Director of Public Works. There shall be no setback requirements for all other types of signs.

F. Removal. If an establishment ceases to operate for a period of two years, all signs and their structures associated with the establishment shall be removed. Blank, broken, abandoned, or unused signs on a parcel not used by the existing business shall be removed, unless a plan for use is presented and approved by the Zoning Administrator.

G. Traffic Safety. No sign shall restrict safe sight distances for vehicles on any public or private road.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 14)

Types of signs are defined in Article 44-6 (Definitions) and various sign types are illustrated on Figure 44-3.50-3.

A. Identification Signs. Identification signs consistent with the following standards are allowed for non-residential and residential uses. Non-residential uses may have identification signs as described by Table 44-3.501. Residential uses may have identification signs as described by Table 44-3.50-2.

1. Number of Signs. All businesses and organizations may have at least one sign. Businesses may have one additional sign per business frontage. Where businesses have a lineal street frontage in excess of 300 feet, one additional sign is allowed for every 300 feet of lineal street frontage in excess of 300 feet.

2. Sign Area. A business may have up to 1.5 square feet of sign area per one lineal foot of primary business frontage, up to:

a. 80 square feet of sign area for freestanding businesses, except if a business is adjacent to a highway or if a business is in a multiple tenant center; or

b. 100 square feet of sign area if a freestanding business is adjacent to a highway and is not in a multiple tenant center; or

c. 60 square feet of sign area for each business in a multiple tenant center. If more than one business occupies a single store front, the combination of identification signage for businesses within that single store front shall not exceed 60 square feet. If one business occupies more than one store front, identification signage for that business shall not exceed 70 square feet.

d. Buildings in excess of 5,000 square feet with a minimum of 100 lineal feet of street level frontage are allowed up to 140 square feet of sign area.

e. Where a business has less than five lineal feet of primary business frontage, it may have up to 20 square feet of sign area.

3. Downtown. Signs in the downtown Arbuckle and downtown Maxwell areas as shown on Figure 44-3.50-4 shall conform with the following standards:

a. The sign is scaled and oriented to the pedestrian level;

b. The sign is designed and constructed with a high level of craftsmanship and detail that complements the architectural features, scale and finish of the building.

c. The design of the sign complements the downtown area and includes any two of the following five elements:

i. The most prominent lettering element on a sign, such as the business' name, uses a serif or script font.

ii. The sign includes a frame, background, or lettering in natural wood.

iii. The sign includes a frame, background, or lettering in wrought iron or a metallic material that is brass, gold, or copper in appearance.

iv. The sign has raised lettering or a raised border such that the sign is not one-dimensional in appearance.

v. The sign is projecting or a hanging sign and is attached to a decorative mounting bracket.

d. In order to preserve the integrity of the buildings in the downtown areas, signs affixed to a building shall have a mounting mechanism that allows the sign to be changed without removing the mounting materials from the building.

TABLE 44-3.50-1: BUSINESS IDENTIFICATION SIGNS

Notes:

TABLE 44-3.50-2: RESIDENTIAL USES - PERMANENT IDENTIFICATION SIGNS

Notes:

4. Multiple Tenant Center Signs. The following standards identify the number of signs, sign area, and types of signs allowed for multiple tenant centers. These signs are in addition to the business identification signs for individual uses within the center, accessory signs, temporary signs, and wayfinding signs allowed under this section.

a. Uniform Treatment. A uniform treatment of sign type, colors, materials, design and illumination is required for individual businesses within multiple tenant centers. When new signs are proposed for existing centers with multiple tenants and multiple signs, such signs shall reflect, where possible, the general sign type, colors, materials, design, and illumination that is prominent in the center.

b. Allowable Sign Area. The allowable sign area for a single multiple tenant center under single ownership may be distributed at the discretion of the owner upon approval of the Zoning Administrator; however, in no event shall the combined sign area for all tenants exceed the total allowable sign area for the center.

c. Number of Signs. A multiple tenant center may have one identification sign and one directory sign per public frontage. Where a multiple tenant center has an excess of 300 feet of lineal street frontage, one additional monument or freestanding sign and one directory sign is allowed for every 500 feet of lineal street frontage in excess of 300 feet.

d. Sign Area. A multiple tenant center may have one square foot of sign area per one foot of lineal street frontage, up to a maximum of 100 square feet per multiple tenant center. This sign area is in addition to the signs and sign area allowed per individual business as set forth in Section 44-5.50.080(A)(1),(2).

e. Types of Signs. A multiple tenant center may have identification signs and directory signs as described in Table 44-3.50-3.

f. Design Standards. A multiple tenant center may submit a Master Sign Program that identifies all proposed signs for the multiple tenant center. The Master Sign Program may deviate from standards contained in this section relating to permitted sign height, number of signs, sign area, and type of sign.

i. All subsequent signs proposed for a development or property subject to an approved Master Sign Program shall comply with the standards and specifications included in the Master Sign Program.

ii. Approval of a Master Sign Program shall supersede the regulations of this section. Any aspect of the proposed signs not addressed by the Master Sign Program shall be in compliance with this section.

TABLE 44-3.50-3: MULTIPLE TENANT CENTER SIGNS

B. Accessory Signs. The standards identified in Table 44-3.50-4 apply to permanent accessory signs that do not advertise a business as their primary purpose. These signs do not count toward the permanent sign area allowed under Section 44-5.50.080(A).

TABLE 44-3.50-4: ACCESSORY SIGNS

C. Temporary Signs. Signs that are consistent with the standards identified in Tables 44-3.5 and 44-3.6 may be erected on a temporary basis.

TABLE 44-3.50-5: GENERAL TEMPORARY SIGN STANDARDS GENERAL REQUIREMENTS: ALL TEMPORARY SIGNS

TABLE 44-3.50-6: TEMPORARY SIGN TYPES

Notes:

(Ord. No. 765 § 2 (Exh. A) (part))

(a) Any sign that does not comply with the requirements of this section but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a legal nonconforming use.

(b) A nonconforming sign that has been abandoned, or whose advertised use has ceased to function for a period of one hundred eighty days or more, shall be brought into conformity.

(c) Nonconforming signs shall not be structurally altered, reconstructed, or moved without being brought into conformity.

(d) The following exceptions apply to the above requirements for nonconforming signs:

(1) Lawfully erected billboards may be amortized and removed without compensation only in accordance with the requirements of the California Outdoor Advertising Act.

(2) A sign that is part of a designated historic resource may be deemed nonconforming only if at least one of the following conditions applies:

(A) The sign does not contribute to the historic significance of the historic landmark.

(B) The sign poses an immediate threat to public safety. If the sign is deemed nonconforming solely because it threatens public safety, it shall be repaired or modified, if possible, rather than removed.

[1]

Code reviser’s note: Ord. No. 765 lays this section out as 44-3.50.080. It has been editorially renumbered to avoid duplication of numbering.

(Ord. No. 765 § 2 (Exh. A) (part))

This section establishes standards for development within Special Planning Areas identified within the County. These standards are intended to allow for appropriate development within these Special Planning Areas while preserving the character and integrity of rural areas of the County.

(Ord. No. 765 § 2 (Exh. A) (part))

Development in the Century Ranch Special Planning Area shall comply with the following requirements:

(a) Lots served by both a well and septic tank or other on-site wastewater disposal system shall have a minimum lot size of five acres and shall demonstrate the capacity for adequate water and wastewater provision through percolation tests, water table height identification, a minimum 100-foot setback of any well from any on-site wastewater system, and all applicable Environmental Health Department requirements.

(b) Written approval from the Federal Water Master for any new wells shall be submitted to the County prior to the issuance of a Building Permit.

(Ord. No. 765 § 2 (Exh. A) (part))

Development in the Lambertville Special Planning Area (see Figure 44-3.60-1) shall comply with the standards established by Section 44-4.100, including Section 44-4.100.010 (General Standards) and Section 44-4.100.030 (Duck Clubs and Hunting and Fishing Clubs).

Development in the Lurline Special Planning Area (see Figure 44-3.60-2) shall comply with the following requirements:

A. Land divisions shall provide for full public improvements as follows:

1. In CSA #3, land divisions into parcels of two acres or smaller shall provide for full public improvements in accord with adopted City of Colusa standards. Public improvements shall be in place prior to issuance of final building permit or, as a condition of project approval, the property owner shall agree to participate in a future improvement district. Subdivisions of five or more lots are discouraged.

2. Land divisions outside of CSA #3 into parcels of two acres or smaller shall agree to participate in future infrastructure and service districts, including community water, sewer, storm drain, and fire hydrant systems as a condition of approval of the proposed division; or as an alternate method to assure adequate future public improvements, development fees adopted by the County for public infrastructure to serve the Lurline Special Planning Area may be collected.

B. New development shall connect to the City of Colusa water system, to the extent that the City has available capacity and is willing to serve the new development. The project applicant shall provide written confirmation from the City as to whether the City has capacity and is willing to serve the new development.

C. All streets and roadways shall be through streets and roadways, except where determined by the Director that through streets and roadways are not feasible.

D. Private road standards will be permitted to provide access to single parcels that have no potential for further division. Private roads shall be maintained through a recorded road maintenance agreement for each participating parcel.

E. Private road standards will not be permitted where the potential exists for further division of the land being divided unless a public standard of sixty feet is dedicated.

F. All land divisions creating two or more parcels shall be accompanied by an overall development plan for the entire property under ownership by the applicant. This overall plan should show at a minimum the ultimate street patterns and widths and lot designs with approximate dimensions.

G. A forty-eight-inch or larger pipe shall be installed for bridge or access to private property at Robert's Ditch; pipe must have concrete bulkheads on each side.

H. The Robert's Ditch right-of-way is to be sixty feet (thirty feet from center to each side) or less where development conditions or local features will allow a lesser right-of-way and as approved by the Robert's Ditch Irrigation Company.

I. Lots served by both a well and septic tank or other on-site wastewater disposal system shall have a minimum lot size of two acres and shall demonstrate the capacity for adequate water and wastewater provision through percolation tests, water table height identification, a minimum 100-foot setback of any well from any on-site wastewater system, and all applicable Environmental Health Department requirements.

(Ord. No. 765 § 2 (Exh. A) (part))

The requirements in this section shall apply to new residential projects of 10 or more units located in the R-1, R-2, R-3, and R-4 zones and to new non-residential development projects of 8,000 square feet or more located in the commercial (C-1, C-2, C-H, C-R, and MU), and industrial (M-1, M-2, and RD) zones.

(Ord. No. 765 § 2 (Exh. A) (part))

The following design criteria apply to all projects identified under Section 44-3.70.010.

A. The site plan should be sensitive to the natural environment, avoiding impacts to natural resources to the extent feasible.

B. The site plan should provide for functional and attractive public spaces and, where applicable, should maximize natural features by framing views, connecting to open spaces, and providing public access to lakes, rivers, and public or quasi-public areas.

C. Building design shall include appropriate use of materials to provide high quality development and should complement the scale, form, and proportion of existing development.

D. Where large structures are proposed, building mass should be broken up through the use of varied roof heights, multiple story heights, and, where appropriate, providing building offsets to relieve the visual effect of a single long wall. Buildings with excessive blank walls are discouraged. Variation in color, trim, and building materials is encouraged.

E. The project should emphasize a low environmental impact, including use of local and recycled materials, passive and active solar systems, and use of efficient appliances and heating and cooling systems.

F. Landscaping and design elements shall screen unsightly elements, such as mechanical equipment, utility hardware, and trash/recycling disposal areas, from public and neighboring views.

(Ord. No. 765 § 2 (Exh. A) (part))

The following design criteria apply to projects identified under Section 44-3.40.010 that are located in downtown Arbuckle or downtown Maxwell (see Figure 44-3.50-4).

A. Buildings shall be sited toward the street, except for approved plazas, seating areas, and entryways that are oriented toward a significant feature or a public right-of-way.

B. Off-street parking, if any, shall be located to the rear of the building or lot.

C. Building architecture shall incorporate a pedestrian-scale with building features, including elements such as varied articulated facades, windows, doors, columns, and canopies.

D. Building and site design shall incorporate a pedestrian-scale and be community oriented with community design features, such as landscaping, entry features, fountains, plazas, pedestrian furniture, and similar features.

(Ord. No. 765 § 2 (Exh. A) (part))

In addition to the criteria identified under Section 44-3.70.020, the following design criteria apply to residential subdivisions with 10 or more units:

A. All subdivisions shall comply with the requirements established by Appendix IV (Subdivisions) of the Colusa County Code.

B. Residences shall be sited toward the street providing primary access to the parcel.

C. Residences within a single subdivision shall be compatible in terms of unit size and scale.

D. Subdivisions should include a variety of design options to provide for variability in exterior facade design. Facade designs within a subdivision should incorporate consistent and complimentary architectural features, while providing for variety within the subdivision.

E. Residences within a single subdivision shall use similar and complimentary building materials and colors to provide consistency between exterior facades, roofing materials, driveways, windows, etc.

F. Front yard setback areas shall be landscaped. Landscaping shall comply with Section 44-3.10.

G. Applicants, or those wishing to further develop subdivisions that have been partially constructed, shall construct new homes to be visually compatible with and similar in scale to existing homes within the same subdivision. Examples include partially developed subdivisions with one or more existing homes and one or more developable lots that were not developed within the same general timeframe as the existing homes within the subdivision. The intent of this requirement is to ensure that subdivisions remain internally consistent and that new development within a subdivision remains visually compatible and complimentary to existing development within a subdivision.

(Ord. No. 765 § 2 (Exh. A) (part))

Property addressing shall comply with the standards established by Chapter 19A of the Colusa County Code.