Chapter 88-22 — METEOROLOGICAL TOWERS

The purpose of this chapter is to establish specific standards and procedures for the establishment and maintenance of meteorological towers in order to promote the public health, safety and welfare of the citizens of Contra Costa County.

(Ord. No. 2013-17, § II, 8-13-13)

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Airport influence area" means any airport influence area as specified in the Contra Costa County Airport Land Use Compatibility Plan.

(b)

"Guy wire" means a cable, wire, or rope used to anchor, brace, or support a structure.

(c)

"Meteorological instrument" means an instrument used to measure, collect, monitor or record air quality, wind speed, or other atmospheric data for scientific purposes.

(d)

"Meteorological tower" means a structure, including all guy wires and all accessory facilities, on which a meteorological instrument is mounted.

(e)

"Permanent meteorological tower" means a meteorological tower erected for more than one year.

(f)

"Temporary meteorological tower" means a meteorological tower erected for one year or less.

(g)

"Tower height" means the distance from the highest point on the meteorological tower to the ground level at the base of the tower.

(Ord. No. 2013-17, § II, 8-13-13)

The establishment of a meteorological tower under this chapter does not relieve anyone from the obligation to obtain all other permits and licenses required by this code and state and federal law, and to comply with these laws. In particular, meteorological towers that exceed 200 feet in height must comply with all requirements of the Federal Aviation Administration, including its "Advisory Circular No. 70/7460-1, Obstruction Marking and Lighting."

(Ord. No. 2013-17, § II, 8-13-13)

Article 88-22.4. Standards

One meteorological tower that meets the requirements of this chapter may be located on any parcel that is one acre or more in size. Only one meteorological tower may be located on one parcel.

(Ord. No. 2013-17, § II, 8-13-13)

88-22.404 - Land use districts.

(a)

A meteorological tower may be located in any land use district except as otherwise specified in subsections (b) and (c) of this section.

(b)

A meteorological tower may not be located in any of the following land use districts: single-family residential district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), two-family residential district (D-1), multiple-family residential district (M-6, M-9, M-12, M-17, and M-29), water recreational district (F-1), mobile home/manufactured home park district (T-1), planned unit district (P-1), Kensington Combining District (-K), or Interchange Transitional district.

(c)

A meteorological tower may not be located within one hundred feet of any of the land use districts specified in subsection (b).

(Ord. No. 2013-17, § II, 8-13-13)

A meteorological tower must comply with the following development standards:

(a)

A meteorological tower must be set back from each parcel boundary, and from each public right-of-way adjacent to the parcel, a distance equal to or greater than the tower height.

(b)

Appearance. The following requirements apply to any meteorological tower with a tower height less than two hundred feet and greater than fifty feet. The following requirements also apply to any meteorological tower with a tower height of fifty feet or less if required by the zoning administrator after consideration of the tower's location, visibility, or other factors.

(1)

The full length of the meteorological tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower. The bands shall be between twenty and thirty feet in width.

(2)

Two or more high visibility spherical marker balls, also called cable balls, that are aviation orange shall be attached to each outside guy wire that is connected to a meteorological tower.

(3)

One or more seven-foot high visibility safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.

(4)

All markings described in this subsection must be replaced when faded or otherwise deteriorated.

(c)

Lighting. A safety light that meets Federal Aviation Administration standards must be affixed to a meteorological tower with a tower height less than two hundred feet and greater than one hundred fifty feet. A safety light that meets Federal Aviation Administration standards may be required on a meteorological tower with a tower height of one hundred fifty feet or less by the zoning administrator after consideration of the tower's location, visibility, or other factors.

(Ord. No. 2013-17, § II, 8-13-13)

Article 88-22.6. Permits and Fees

88-22.602 - Permit—Required.

(a)

A land use permit is required to establish, maintain, or expand a permanent meteorological tower.

(b)

A temporary meteorological tower permit is required to establish, maintain, or expand a temporary meteorological tower. An application for a temporary meteorological tower permit must comply with the special permit provisions of Article 26-2.20 and will be considered under the administrative decision procedure specified in Article 26-2.21.

(c)

A temporary meteorological tower permit may be extended once for a period of up to six months, as long as the application to extend the permit is submitted at least thirty days before the permit expiration date. A temporary meteorological tower operating under a temporary meteorological tower permit extension is not a permanent meteorological tower.

(d)

If an application for a proposed temporary meteorological permit does not demonstrate that the tower will comply with the development standards in subsection (a) of Section 88-22.406, the applicant may apply for a land use permit to modify those development standards.

(Ord. No. 2013-17, § II, 8-13-13)

An application for a permit under this section must include all of the information specified in Section 262.2002 and the following information:

(a)

A description of the purpose of the proposed meteorological tower, including the type of data collected, and whether such data will be used for commercial, personal, industrial, or other purposes.

(b)

Site and landscape plans drawn to scale.

(c)

Documentation regarding: ownership of the parcel of the proposed meteorological tower; any real property interests, such as easements, encumbering that parcel; and authorization to use the proposed site by the property owners.

(d)

A United States Geological Survey map showing the location of the proposed meteorological tower; the existing topography, structures, utility lines, and roads on the parcel of the proposed tower; and any structures proposed to be located within one hundred fifty feet of the tower.

(e)

A description of how the meteorological tower will comply with the development standards in Section 8822.406.

(Ord. No. 2013-17, § II, 8-13-13)

In addition to providing notice pursuant to Section 26-2.2004 of this code, the department of conservation and development will give notice by mail at least ten days prior to deciding any application pursuant to this chapter, to the following entities under the following conditions:

(a)

The Contra Costa County Airport Land Use Commission, if the meteorological tower will be located within an airport influence area or will exceed two hundred feet in height.

(b)

The California Aircraft Agricultural Commission, if the meteorological tower will be located in or immediately adjacent to agriculturally zoned land.

(Ord. No. 2013-17, § II, 8-13-13)

(a)

Prior to obtaining any permit required by this chapter, an applicant must submit a cost estimate prepared by a contractor that details the cost of removing the meteorological tower and restoring the site to its pretower condition. The cost estimate provided must include all material and labor involved. In granting any permit required by this chapter, the zoning administrator will condition the permit on the permittee making a cash deposit in an amount equal to the cost estimate.

(b)

The deposit will be used to fix any damage caused by the operation or removal of the meteorological tower or to restore the meteorological tower site to its pre-construction condition. The zoning administrator will give written notice to permittee prior to using some or all of the cash deposit. If the zoning administrator uses any or all of the deposit to fix this damage, the permittee must make an additional cash deposit to restore the balance of the deposit to the initial amount.

(c)

A permittee must immediately remove the meteorological tower upon termination or expiration of the permit and must restore the site to its pre-construction condition. After the permittee removes the meteorological tower, the zoning administrator will refund the deposit to permittee, less any amounts used to fix any damage caused by the operation or removal of the meteorological tower or to restore the site to its preconstruction condition.

(Ord. No. 2013-17, § II, 8-13-13)

Application, review, and permit fees for meteorological towers will be in amounts established by the board of supervisors in the department of conservation's fee schedule.

(Ord. No. 2013-17, § II, 8-13-13)

Chapter 88-24 - WIRELESS TELECOMMUNICATION FACILITIES Article 88-24.2. - General Provisions.

(a)

The purpose of this chapter is to establish criteria for the location and design of wireless telecommunication facilities in the county, consistent with state and federal requirements. This chapter is intended to advance and promote the following goals:

(1)

Enable wireless telecommunication service providers to provide high quality wireless communications service infrastructure to serve the current and future needs of the county's residents, businesses, and local governments.

(2)

Avoid adverse visual and aesthetic impacts of wireless telecommunication facilities by regulating the location and design of the facilities in a manner that is consistent with state and federal laws and regulations, including the 1996 Federal Telecommunications Act and the regulations promulgated under that act.

(3)

Protect and enhance the public health, safety, and welfare of county residents.

(4)

Encourage collocation of wireless telecommunication facilities whenever feasible.

(b)

This chapter establishes requirements that apply to wireless telecommunications facilities consistent with the limitations imposed on the county under state and federal law. Under federal law, the county may not regulate the type of technology used on a wireless telecommunications facility, regulate any facility not located on county-owned property based on radio-frequency emissions emitted by the facility, discriminate between providers of wireless telecommunication services, or prohibit the provision of personal wireless service. Federal law requires the county to allow minor alterations to facilities. Under state law, if an existing facility was approved under a discretionary land use permit following environmental review, the county must allow new facilities to collocate on the existing facility. State law authorizes the county to impose reasonable time, place, and manner restrictions on facilities located within the county's rights-of-way.

(Ord. No. 2016-11, § II, 5-24-16)

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Ancillary equipment" means all cables, conduits, connectors, and other equipment that powers or supports a facility or antenna, and does not directly receive or transmit wireless signals or data. Ancillary equipment does not include an antenna support structure.

(b)

"Antenna" means any panel, rod, wire, drum, reflecting disc, dish, or similar device used to transmit or receive radio frequency signals or electromagnetic signals. Antenna does not include an antenna support structure.

(c)

"Antenna support structure" means a structure on which one or more antennas may be mounted.

(d)

"Camouflage" means to reduce the visibility of a facility, when viewed in relation to its surrounding environment, by means of screening, concealment, or other action taken to reduce the facility's visibility within the surrounding environment. Camouflage also means the use of features similar to natural environmental features found in the immediate area surrounding the facility, such as trees and landscaping.

(e)

"Collocate" or "collocation" means the mounting or installation of transmission equipment on a facility for the purpose of transmitting or receiving radio frequency signals for communications purposes.

(f)

"Collocation-eligible facility" means a facility that is designed and constructed to accommodate future collocation, and for which a land use permit has been issued under this chapter, in accordance with Government Code section 65850.6, subdivision (b).

(g)

"County right-of-way" means the areas in, under, above, and adjacent to county roads, highways, and waterways that the County may regulate pursuant to Public Utilities Code section 7901.1.

(h)

"Equipment enclosure" means any cabinet, shelter, structure, or vault that is used to enclose and secure ancillary equipment.

(i)

"Façade-mounted antenna" means an antenna, including any mounting hardware, that is designed to be mounted on the exterior lateral face of a building or other structure.

(j)

"Facility site" means the lot on which a facility is located.

(k)

"Final day of use" means the last day of facility operation, or the last day a permit issued under this chapter is valid, whichever is sooner.

(l)

"Ground-mounted antenna" means an antenna that is anchored directly to the ground or to an in-ground foundation.

(m)

"Guyed tower" means an antenna support structure that is supported, in whole or in part, by guy wires and ground anchors.

(n)

"High-visibility facility" means any tower, antenna, or facility that is not a low visibility facility.

(o)

"Lattice tower" means an antenna support structure that is freestanding, three- or four-sided, with a trussed steel frame.

(p)

"Low-visibility facility" means any of the following:

(1)

A facility that does not exceed ten feet in height above ground level and is a ground-mounted antenna, an antenna support structure with antennas, a monopole, a lattice tower, or a guyed tower.

(2)

A roof-mounted antenna, or an antenna support structure with antennas, that does not exceed ten feet above the maximum height for the zoning district in which it is located, or ten feet above the surface of the roof on which it is located, whichever is less.

(3)

A façade-mounted antenna that does not extend more than thirty-six inches above the roofline of a building or structure.

(4)

A facility or antenna installed on an existing high-voltage electricity transmission tower, or installed on an existing utility or street light pole.

(5)

A stealth facility or stealth antenna.

(6)

A distributed antenna system (DAS) facility.

(7)

A minor alteration to an existing facility.

(q)

"Minor alteration" means a change to a facility that meets the definition of an "eligible facilities request" in Title 47, Code of Federal Regulations, section 1.40001.

(r)

"Monopole" means an antenna support structure that consists of a freestanding single pole constructed without guy wires.

(s)

"Mount Diablo area" means the geographic area within the Mt. Diablo State Park boundary at the time that a permit application or request for permit renewal is made.

(t)

"Non-urban area" means an area within any zoning district that is designated as "Agricultural Core (AC)," "Agricultural Lands (AL)," "Delta Recreation and Resources (DR)," "Public and Semi-Public (PS)," "Watershed (WS)," "Open Space (OS)," or "Parks and Recreation (PR)," in the land use element of the county general plan.

(u)

"Person" means a natural person, corporation, partnership, joint venture, limited liability company, sole proprietorship, or other entity of any kind.

(v)

"Reflectivity" means the measure of the amount of energy or light that is reflected from a surface, expressed as a percentage of energy or light directed toward that surface.

(w)

"Relocation" means removal of a facility from one facility site and placement of that facility on another facility site. Relocation does not include removal of a facility for the purpose of collocating the facility with a planned or existing collocation-eligible facility.

(x)

"Roof-mounted antenna" means an antenna, including any mounting hardware, that is affixed to the roof of a building or other structure.

(y)

"Scenic ridge" means an area within any zoning district that is identified as a scenic ridge in the open space element of the county general plan.

(z)

"Service network" means a service provider's wireless telecommunications system located within the county.

(aa)

"Service provider" means a private sector entity that provides wireless telecommunication services, or provides support facilities to improve or enhance wireless service, or owns or operates a facility.

(ab)

"Stealth facility" or "stealth antenna" means a facility or antenna that is not immediately recognizable as a facility or antenna and concealed from view in one of the following ways:

(1)

The antenna or facility is integrated, included, or incorporated within another physical feature.

(2)

The antenna or facility is designed as a structure, improvement, or feature that is consistent with the surrounding environment in which it is located, such as a flag pole; an agricultural structure, such as a barn, silo, or windmill; an architectural feature, such as a chimney or parapet; an art piece; or a natural feature, such as a boulder.

(ac)

"Substantial change" has the same meaning as "substantial change" in Title 47, Code of Federal Regulations, section 1.40001.

(ad)

"Tower" means any ground-mounted antenna support structure, and includes a monopole, a lattice tower, and a guyed tower.

(ae)

"Transmission equipment" has the same meaning as "transmission equipment" in Title 47, Code of Federal Regulations, section 1.40001.

(af)

"Wireless" means through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communication service (PCS), wireless internet (WiFi), pagers, enhanced specialized mobile radio service, microwave, satellite, radio, and television signals, and similar services that currently exist or that may be developed in the future.

(ag)

"Wireless telecommunication facility" or "facility" means a facility that transmits and/or receives wireless signals. The facility may include one or more antenna support structures, antennas, repeaters, radio transmitters, cables, ancillary equipment, equipment enclosures, air vents, support structures, air conditioning units, fans, fire suppression systems, emergency back-up generators or other back-up power sources, parking area and other accessory development.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Application. Except as specified in this section, the requirements of this chapter apply to all of the following: a new facility, a relocated facility, a facility that is removed and replaced, a substantial change to a facility, a collocation on a collocation-eligible facility, and a minor alteration to a facility.

(b)

Requirements Cumulative. The requirements of this chapter are in addition to any other applicable requirements of this code, and state and federal laws and regulations, that apply to the location, design, construction, installation, operation, and licensing of each facility.

(c)

Exemptions. The following facilities are exempt from this chapter:

(1)

An antenna or facility that is expressly exempt from local regulation by any state or federal law or regulation, or by any permit issued by California Public Utilities Commission or Federal Communications Commission.

(2)

A facility for non-commercial telecommunication purposes that:

(A)

Is located on private property;

(B)

Does not exceed the height limit for the zoning district in which it is located; and

(C)

Is operated either as a part of the amateur radio service under Title 47, Code of Federal Regulations, Part 97, or as part of a citizen's band radio system under Title 47, Code of Federal Regulations, Part 65, Subpart D.

(3)

A microwave dish or satellite dish measuring seventy-two inches or less in diameter that receives but does not transmit radio or television wireless signals.

(4)

A facility that is established temporarily and meets both of the following requirements:

(A)

The facility is established during or after a community-wide emergency or natural disaster declared by any federal, state, or local official, or during or after an emergency as defined in Title 14, California Code of Regulations, section 15359.

(B)

The Facility is Established for Sixty Days or Less. Notwithstanding this sixty-day limitation, the zoning administrator may authorize a temporary facility to remain established for so long as necessary to repair or

reconstruct a facility that is damaged or destroyed as a result of an event specified in subsection (c)(4)(A).

(5)

A mobile or vehicle-mounted facility that is located at a single location for seventy-two hours or less, and is used by a public or private radio or television broadcasting company, cable service provider, journalist, or internet content provider, for news coverage, public information, or other similar purposes.

(6)

A facility owned or operated by one or more federal, state, or local government entities, including, but not limited to, any facility for a regional emergency communication system, and any facility for a 911 system.

(7)

A facility accessory to other publicly owned or operated equipment for data acquisition related to irrigation control, well monitoring, or traffic signal control.

(8)

A facility existing and operating under a land use permit or other discretionary approval issued prior to the enactment of this chapter may continue to exist and operate under the terms of that permit or approval. However, unless the previously-issued land use permit or other discretionary approval provides otherwise, the facility must comply with the applicable requirements of this chapter, as follows:

(A)

If the previously permitted facility is substantially changed, a permit under this chapter must be obtained for the substantially-changed facility.

(B)

If the previously permitted facility is removed and replaced with a new facility, a permit under this chapter must be obtained for the new facility.

(C)

If the previously permitted facility is relocated, a permit under this chapter must be obtained for the relocated facility.

(D)

If a new facility is collocated on the previously permitted facility, a permit under this chapter must be obtained for the new, collocated facility.

(E)

If a minor alteration is made to the previously permitted facility, a minor alteration permit under this chapter must be obtained for the minor alteration.

(F)

If the previously-issued land use permit or other discretionary approval expires and is not renewed before the discretionary approval expires, a permit under this chapter must be obtained for the facility.

(Ord. No. 2016-11, § II, 5-24-16)

Article 88-24.4. - Facility Location, Design, and Operation.

88-24.402. - Location of facilities in county right-of-way and county-owned property.

(a)

Facilities Within a County Right-of-Way.

(1)

A new facility may be located within a county right-of-way pursuant to Public Utilities Code section 7901 only under a wireless facility access permit issued by the county under this chapter. A facility located in a county right-of-way may be substantially changed only under a wireless facility access permit issued by the county under this chapter.

(2)

In addition to the requirements of this chapter, the requirements of Chapters 1002-4 and 1002-8 apply to the construction of, or substantial change to, a facility under a wireless facility access permit. If there is any conflict between the requirements of this chapter and the requirements of Chapters 1002-4 and 1002-8, the requirements of this chapter will govern. The remaining requirements of Division 1002 do not apply to a wireless facility access permit issued under this chapter.

(b)

County-Owned Property. An antenna or facility may be located on county-owned property, or on any county-owned facility, if the applicant satisfies both of the following requirements:

(1)

The Applicant Must Obtain a Land Use Permit Under This Chapter. In addition to the information that must be submitted to obtain a land use permit under this chapter, the applicant must provide the county sufficient information to enable the county's chief information officer to determine whether the applicant's antenna or facility will interfere with existing antennas or facilities located on the county-owned property or county-owned facility. A land use permit for a facility on county-owned property or a county-owned facility will include location, operation, and other requirements that the county's chief information officer determines are necessary to prevent the applicant's antenna or facility from interfering with any other antennas or facilities on the county-owned property or the county-owned facility.

(2)

The applicant must enter into a lease, license, or other agreement with the county. The county has sole discretion to determine whether to lease, license, or otherwise convey an interest in, any of its property or

facilities, and the terms of any lease, license, or other agreement may be more restrictive than the requirements of this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

No new high-visibility facility or new tower may be established in, or within three hundred feet of, any of the following:

(a)

A single-family residential (R-), two-family residential (D-1), multiple-family residential (M-), water recreational (F-1), mobile home/manufactured home park (T-1), or Kensington combining (-K) zoning district.

(b)

A residential lot within a planned unit (P-1) zoning district.

(Ord. No. 2016-11, § II, 5-24-16)

Except as otherwise specified in Sections 88-24.402 and 88-24.404, the location requirements of this section apply to all facilities in all zoning districts:

(a)

Collocation Encouraged. The collocation of facilities with existing or proposed collocation-eligible facilities is encouraged.

(b)

Proximity of Towers. No new tower may be located within one thousand feet of an existing tower, unless the zoning administrator finds both of the following:

(1)

The cumulative visual and aesthetic impacts of the tower will be less than significant with or without the incorporation of mitigation measures identified during the California Environmental Quality Act environmental review process for the tower.

(2)

The existing tower is not a collocation-eligible facility, or collocation is not otherwise possible.

(c)

Avoiding Impacts to Ridges, Scenic Ridges, and Peaks.

(1)

No facility may be located on a ridge or peak unless the facility is required to close a significant gap in coverage. The zoning administrator will determine whether the facility is required to close a significant gap in coverage based on information provided by the applicant in accordance with subsection 88-24.604(a)(5). If it is feasible to close the significant gap in coverage by collocating a new facility on an existing facility on or near the ridge or peak, the new facility must be collocated. If it is not feasible to close the significant gap in coverage by collocating a new facility on an existing facility on or near the ridge or peak, in its application for a permit under this chapter the applicant must explain why collocation is infeasible.

(2)

Notwithstanding anything to the contrary in subsection 88-24.406(c)(1), no facility may be located within fifty horizontal feet of any ridge or peak within the Mount Diablo area, or within fifty horizontal feet of any scenic ridge located in a non-urban area, unless the zoning administrator finds that the facility will not result in significant visual or aesthetic impacts with or without the incorporation of mitigation measures identified during the California Environmental Quality Act environmental review process for the facility. No facility may extend above the height of a ridge or peak within the Mount Diablo area, or above the height of a scenic ridge in a non-urban area, unless the zoning administrator determines that an extension of the facility above the ridge, peak, or scenic ridge will not result in significant visual or aesthetic impacts.

(d)

Setback Requirements. A facility that is used for AM, FM, international, or television broadcast service, or that receives television signals for processing and distribution over a cable network (a cable "headend" facility), must meet the setback distance that is the greater of: the setback requirement that applies within the zoning district in which it is located; or a distance equivalent to one hundred ten percent of the height of the facility. All other ground-mounted antenna support structures or towers must meet the setback requirements that apply in the zoning district where the facility is located.

(e)

High-Visibility Facilities. A high-visibility facility must be located within the facility site at a location that the zoning administrator finds will have the least visual and aesthetic impacts to the surrounding lots. If a building exists on a lot, no high-visibility facility may be located on the lot between the face of the building and any public street, bikeway, trail, or park.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Except as otherwise specified in subsections (b) through (f), a facility must meet all of the following requirements in order to limit the facility's visual and aesthetic impacts:

(1)

A facility must be designed to minimize its visual and aesthetic impacts on, and to blend in with, the surrounding area.

(2)

A facility must have a non-reflective finish and be painted and textured to match or blend with the predominant background.

(3)

A facility other than a stealth facility, or portion thereof, that is visible against the skyline must be painted light gray, or a similar color approved by the zoning administrator, or camouflaged, and have a reflectivity of less than fifty-five percent, unless the California Public Utilities Commission, Federal Communications Commission, Federal Aviation Administration, or any state or federal law, regulation, or rule requires the facility or antenna to be painted, designed, or marked otherwise.

(b)

Design Requirements Applicable to Facilities in Residential Zones. A facility on private property located in a single-family residential (R-), two-family residential (D-1), multiple-family residential (M-), water recreational (F-1), mobile home/manufactured home park (T-1), or Kensington combining (-K) district, or that is located on a residential lot within a planned unit (P-1) zoning district, must be a low-visibility facility.

(c)

Design Requirements Applicable to Façade-Mounted Antennas.

(1)

Visibility. Except for any portion of a façade-mounted antenna that extends above the roofline and is visible against the skyline, a façade-mounted antenna that is not a stealth antenna must be painted a color that matches or blends with the color of the façade on which it is mounted. Any portion of a façade-mounted antenna, other than a stealth antenna, that extends above the roofline and is visible against the skyline must be painted as described in subsection (a)(3). Any equipment enclosure that serves a façade-mounted antenna must be painted a color that matches the color of the surface on which it is mounted.

(2)

Installation. A façade-mounted antenna must be installed at least eight feet above ground level. A façademounted antenna must be mounted directly on the exterior lateral face of a building or facility.

(3)

Maximum Extension. No façade-mounted antenna may extend more than twenty-four inches from the face of the building or structure on which the antenna is mounted. No façade-mounted antenna may extend beyond the corner or edge of the wall on which it is mounted, except that a façade-mounted antenna may extend above the roofline of the facility.

(d)

Design Requirements Applicable to Roof-Mounted Antennas. Any portion of a roof-mounted antenna other than a stealth antenna that is visible against the skyline must be painted in the manner described in subsection (a)(3). Any other portion of a roof-mounted antenna other than a stealth antenna must be painted a color that matches or blends with the color of the primary background against which the roofmounted antenna is viewed from ground level. Any equipment enclosure that serves a roof-mounted antenna must be painted a color that matches the color of the surface on which it is mounted.

(e)

Design Requirements Applicable to Towers. In addition to meeting the requirements in subsection (a), a tower and any equipment enclosure and all ancillary equipment that serve a tower must be screened and surrounded by a fence or wall at least six feet in height. Each door or gate must be lockable. Each fence or wall must have a non-reflective finish and be painted and textured to match or blend with the predominant background color in order to minimize visual and aesthetic impacts.

(f)

Requirements Applicable to Facilities Within a County Right-of-Way. In addition to meeting all applicable requirements in subsections (a) through (e), a facility within a county right-of-way must meet the following requirements:

(1)

A facility must be designed and located so that it does not impair vehicle circulation or parking within the right-of-way. A facility must not impede or impair vehicle, bicycle, or pedestrian access to or within the right-of-way. If the zoning administrator, in consultation with the public works department, determines that a turnout is necessary to avoid impairing vehicle circulation or parking within the right-of-way, the applicant must construct and maintain the turnout.

(2)

A facility must be designed and located as follows:

(A)

No more than four antenna enclosures may be located on a single utility pole or streetlight pole in a county right-of-way within or adjacent to a residential zone. No facility may be located on a county traffic signal pole.

(B)

An equipment enclosure that serves a facility or antenna must be installed below ground, or must be installed at grade and camouflaged. Each below-ground equipment enclosure must be accessible by a flush-to-grade portal.

(C)

No antenna may extend above the height of the pole or facility on which it is mounted by more than ten feet.

(D)

No antenna may extend over the vehicular path of travel within the right-of-way.

(E)

Any portion of a facility or antenna not extending above the height of the pole or facility on which it is located must be painted to match the color of that pole or facility.

(F)

A facility or antenna must incorporate any other reasonable, feasible alteration that the zoning administrator determines is necessary to reduce the visual or aesthetic impacts of the facility or antenna.

(G)

Ancillary equipment not enclosed in an equipment enclosure must be installed at a location the zoning administrator determines will minimize visual and aesthetic impacts to the greatest extent feasible.

(3)

A facility, an equipment enclosure, and ancillary equipment must be designed and located in a manner that does not violate any accessibility requirements of the Americans with Disabilities Act.

(4)

A facility, an equipment enclosure, and ancillary equipment must be designed and located in a manner that does not obstruct the roadway views of vehicles, bicycles, and pedestrians traveling within the County right-of-way, and does not obstruct the visibility of signs located within the right-of-way.

(5)

No facility may include any advertising material.

(6)

No facility may include any type of lighted signal, lights, or other illumination, except to the extent required under state or federal law.

(7)

A facility that will be located on a streetlight pole must be located so that it does not block the required illumination provided by the streetlight.

(Ord. No. 2016-11, § II, 5-24-16)

A facility and every façade-mounted antenna, roof-mounted antenna, and ground-mounted antenna, must include a placard that states the name, phone number, and address of the service provider and permittee, and all safety precautions or other statements required by the California Public Utilities Commission and

Federal Communications Commission. The placard must be mounted on or near the facility or antenna at a location that is visible from ground-level. For any facility that is surrounded by a fence or wall, the placard must be mounted on the exterior of the fence or wall.

(Ord. No. 2016-11, § II, 5-24-16)

A facility must meet the following facility safety and security requirements:

(a)

All ancillary equipment must be enclosed in an equipment enclosure. The equipment enclosure must be locked at all times, except as otherwise approved by the zoning administrator.

(b)

No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the county airport land use commission.

(c)

A ground-mounted facility and every tower must include physical measures designed to prevent climbing by unauthorized persons.

(Ord. No. 2016-11, § II, 5-24-16)

88-24.414. - Building standards, maintenance, and operational requirements.

(a)

A facility must be constructed and maintained in compliance with all applicable local, state, and federal laws and regulations, including County building, electrical, and fire codes.

(b)

A facility must be maintained in working order and kept graffiti and litter-free.

(c)

A facility, all fences and walls surrounding the facility, and all other fixtures and improvements on a facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint.

(d)

Any landscaping at a facility site must be maintained in a healthy state. Dead or dying landscaping must be replaced.

(e)

If any stealth facility is designed as a flagpole, one or more flags must be flown and properly maintained on the flagpole during daylight hours.

(f)

A permittee must notify the zoning administrator within thirty days after any facility license or registration required by any local, state, or federal agency is revoked, modified, replaced, reissued, or suspended.

(g)

No facility may be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system.

(h)

Five years after the date a land use permit, collocation permit, or wireless facility access permit is issued under this chapter, and every five years thereafter, a permittee must submit to the zoning administrator a certification that:

(A)

States the location of the facility, identifies the land use permit, collocation permit, or wireless facility access permit under which the certification is submitted, and states the date on which the permit was issued; and

(B)

States that the facility is in compliance with all applicable county permits, county ordinances, and state and federal laws and regulations.

(Ord. No. 2016-11, § II, 5-24-16)

Article 88-24.6. - Permits and Fees.

(a)

Except as otherwise provided in subsections (b) through (d), a land use permit is required for a new facility, a substantial change to an existing facility, or a collocation on an existing facility that is not a collocationeligible facility.

(b)

A collocation permit is required for a facility that:

(1)

Will be collocated on a collocation-eligible facility; and

(2)

Will not be a minor alteration.

(c)

A minor alteration permit is required to make a minor alteration to a facility.

(d)

A wireless facility access permit under this chapter is required for each new facility and each substantial change to an existing facility located within a county right-of-way.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

The following information must be included in an application for a land use permit, collocation permit, or wireless facility access permit under this chapter:

(1)

General Information. An application must include the information specified in Section 26-2.2002. The application must provide the name and address of all service providers that will occupy the facility.

(2)

Description of Facility or Substantial Change. An application must describe the type of facility or substantial change for which a permit is sought. The application must describe the proposed physical capacity of the facility at the time of application, including the maximum number of antennas to be located or collocated at the facility. The application must describe the number, type, and dimensions of all antennas, equipment enclosures, ancillary equipment, and antenna support structures. The application must establish that the technology being utilized at the facility will meet Telecommunications Industry Association standards, and must include a copy of all applicable standards.

(3)

Authorization to Install. An application must include a statement that the new facility will be, or the existing facility to be substantially changed is, located on a lot, building, or other structure or facility that is owned or leased by the applicant. If the structure or facility is leased by the applicant, the applicant must include a statement that the owner authorizes and consents to the submittal of the permit application.

(4)

High-Visibility Facilities — Map of Surrounding Area. An application for a high-visibility facility, or a substantial change that would cause a facility to become a high-visibility facility, must include both of the following:

(A)

A USGS topographic map or survey with existing topographic contours showing the proposed facility site and showing the area within a one-mile radius of the site.

(B)

A larger-scale map of the facility site showing the facility, all fences and walls surrounding the facility, the equipment enclosure, any access roads, and the surrounding area within a one hundred fifty-foot radius of the facility.

(5)

Geographic Service Area. If the applicant claims that a personal wireless service facility is necessary to close a significant gap in service area coverage, the application for the facility must:

(A)

Identify the geographic area the facility will serve.

(B)

Identify the location and service coverage area of all other facilities operated by the applicant within the county.

(C)

Describe the extent to which the proposed facility will increase existing service area capacity, or extend the service provider's service area to cover any existing gap in service coverage.

(D)

Include a map based on propagation prediction tools or software and radio frequency propagation measurements at the proposed facility site, or similar engineering data, showing the estimated service coverage area of the facility in relation to the area affected by the gap in service coverage.

(6)

Engineered Drawings. An application must include copies of all engineered drawings and to-scale plans for facility construction and installation, or for completion of the substantial change.

(A)

For each tower and other antenna support structure that will be located on a facility site, the engineered drawings must identify all antennas to be included on each tower or structure, any space for future antennas, equipment enclosures, fencing, landscaping, and lighting that will be located at the facility site.

(B)

For any ground-mounted, façade-mounted, and roof-mounted antennas, the engineered drawings must show the location at which each antenna will be installed, and the location of any equipment enclosure to

serve the antenna.

(7)

Electromagnetic Emission Information. An application must include a statement, prepared by an electrical engineer licensed by the State of California Board of Engineers, Land Surveyors and Geologists, that provides all of the following information:

(A)

The frequency assigned to the facility by the Federal Communications Commission, and the measures that will be taken to ensure the facility operates within that frequency.

(B)

How the facility will conform to the radio-frequency exposure standards adopted by the Federal Communications Commission, and how it will not exceed Federal Communications Commission-adopted standards regarding human exposure in areas subject to general public radio-frequency exposure, as defined by the National Council on Radiation Exposure Prevention.

(C)

The anticipated radio and electromagnetic emissions from the facility, and, to the extent ascertainable, the anticipated increase in emissions that will be caused by any future collocation.

(8)

Noise. An application must describe the noise impacts (not including construction noise), if any, that will be caused by the antenna or facility.

(9)

Statement Regarding Least Intrusive Design. The applicant must certify that the proposed antenna, facility, or substantial change is designed to minimize the size and height of the antenna or facility.

(10)

Peer Review. The applicant must agree to reimburse the county for its costs to retain an electrical engineer licensed by the State of California Board of Engineers, Land Surveyors and Geologists to complete a peer review of the information submitted by the applicant under this section, to verify that the information is accurate. At any time before a permit is issued under this chapter, the zoning administrator may require a peer review to be performed pursuant to this subsection (a)(9).

(11)

Estimated Cost of Remediation. For a new facility, the application must include an estimate of the cost to remove the facility from the facility site, and restore the facility site to the condition that it was in before the construction and installation of the facility. For a substantial change to an existing facility, the application must include an estimate of any increase in cost attributable to the substantial change to remove the facility and restore the facility site.

(b)

Applications for Facilities Requiring a Land Use Permit. In addition to the information required under subsection (a), an application for a facility, or an application for a substantial change to a facility, requiring a land use permit must include:

(1)

Visual Simulations and Images. An application must include visual simulations or images that show both the facility site before installation or construction of the facility and the anticipated view of the facility site after the facility is installed or constructed. A visual simulation or image must be provided for each of two adjoining sides (i.e., sides that meet at a corner) of the facility.

(2)

Alternatives Considered. An application for a facility must include a description of the facility site-selection process, identify each alternative facility site that was considered, and explain why each alternative facility site was rejected in favor of the proposed facility site. If no alternative sites were considered, the application must explain why no site other than the proposed facility site was considered.

(3)

If the application is for a collocation-eligible facility, the application must include a statement that the applicant will allow other service providers to collocate on the facility, as long as there is sufficient permitted facility capacity, and as long as collocation is technically and economically feasible.

(c)

Applications for Collocation Permits. In addition to the information required under subsection (a), an application for a collocation permit must include:

(1)

A copy of the land use permit for the collocation-eligible facility; and

(2)

A copy of any certified environmental impact report, mitigated negative declaration, or negative declaration that was prepared for the collocation-eligible facility.

(d)

Applications for Wireless Facility Access Permits. In addition to the information required under subsection (a), each application for a wireless facility access permit must include the following information:

(1)

Traffic Control. An application must include a plan to safely guide pedestrian, bicycle, and vehicular traffic in, around, and by construction and installation work.

(2)

Accessibility. An application must include a plan for maintaining the facility without impeding or interfering with pedestrian, bicycle, and vehicular traffic and circulation within the county right-of-way.

(3)

Analysis of Alternatives. An application must include an analysis of reasonable alternative locations for each antenna or facility, and potential cluster installations of antennas or facilities, in the right-of-way, including the aesthetic impacts of each alternative in comparison to the preferred location.

(4)

Visual Simulations and Images. An application must include images of the existing facility site and visual simulations of the anticipated view of the facility site after the facility or antenna is installed or constructed, or the substantial change is completed. A visual simulation or image must be provided for each of two adjoining sides (i.e., sides that meet at a corner) of the facility, and from areas within a visual sightline of the facility, antenna, or substantial change.

(5)

Additional Engineered Plans. In addition to the information required by subsection (a)(6), an application must include a scale plan that illustrates all the following within one hundred fifty feet of the proposed antenna, facility, or substantial change: utility poles, light poles, fire hydrants, bus stops, traffic signals, storm drains, above-ground and below-ground utility equipment enclosures, curbs, driveway approaches, easements, walls, existing utility facilities, trees more than six feet in height, sidewalks, and structures, and each adjacent land use.

(e)

Applications for Minor Alteration Permits. An application for a minor alteration permit must include the following:

(1)

The application must provide the name and address of the owner and operator of the equipment on the facility that is being altered.

(2)

The geographic location of the facility.

(3)

A copy of the county permit or other county approval that was issued for the facility that will be subject to the minor alteration.

(4)

A Description of the Minor Alteration to the Facility. The application must describe the number, type, and dimensions of all antennas, equipment enclosures, ancillary equipment, and antenna support structures that will be collocated on, removed from, or added to the facility.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Financial Assurance Required. An applicant for a wireless facility access permit, collocation permit, or a land use permit shall provide a financial assurance as specified in this section as a condition of permit issuance. The zoning administrator will determine the reasonable cost to remove the facility and restore the facility site to the condition that it was in before construction and installation of the facility. An applicant must provide financial assurance in that amount before a permit will be issued under this chapter. A financial assurance must be irrevocable and not cancelable, except by the county.

(b)

Duration of Financial Assurance. Each form of financial assurance must remain valid for the duration of the permit and for at least six months following the termination, cancellation, or revocation of the permit.

(c)

Form of Financial Assurance. Financial assurance must be provided in one or more of the following forms:

(1)

A deposit with the county. The deposit will not earn interest.

(2)

A surety bond issued by an admitted surety insurer, pursuant to Code of Civil Procedure section 995.010, et seq.

(3)

A standby letter of credit, naming the county as beneficiary, issued by a bank authorized to do business in the state. The letter of credit must be payable within seven business days, upon demand by the county.

(4)

An escrow account comprised of any of the following: cash; a negotiable bond of the United States or any state, county, or municipality endorsed by the applicant and rated "A" or "A2" or higher by a nationallyrecognized bond rating organization; or a negotiable certificate of deposit in a depository insured by the Federal Deposit Insurance Corporation. The value of any of those will be based on the then-current value, not the value at maturity. The financial instruments held in escrow must be payable within seven business days, upon demand by county.

(5)

A renewable bond, or any other financial assurance or security acceptable to the zoning administrator.

(d)

Substitution of Financial Assurance.

(1)

Substitution Permitted. At any time during the term of a permit, a permittee may replace its financial assurance with another form of financial assurance authorized under this section. After receiving a request to replace its financial assurance, and after the permittee provides the new financial assurance to the county, the county will return any deposit, or authorize the cancellation or revocation of any other financial assurance being replaced.

(2)

Substitution Required. If, during the term of the permit, the Federal Deposit Insurance Corporation or another governmental entity becomes the receiver or conservator of the issuer of a financial assurance, or the issuer files for bankruptcy or dissolves, the county may request that the permittee provide a new financial assurance authorized under this section. Within thirty days after that request, a permittee must provide a new financial assurance, and, after it is provided, the County will cancel the financial assurance being replaced. If a permittee does not provide a new financial assurance within thirty days after County's request, the permit will be suspended until the new financial assurance is provided.

(e)

County's use of financial assurance. After providing notice to the permittee, the County may draw upon and use a financial assurance to remove an abandoned facility, as provided by this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Notice of Complete Application. The county will notify an applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Issuance of Minor Alteration Permit. The zoning administrator will approve an application and issue a minor alteration permit if the zoning administrator finds the minor alteration meets the following requirements:

(1)

The minor alteration is to an existing facility;

(2)

The minor alteration will not result in a substantial change to the facility.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Notice of Complete Application. The county will notify an applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Issuance of Collocation Permit. The zoning administrator will approve an application and issue a collocation permit under this chapter if all of the following requirements are satisfied:

(1)

A land use permit was issued under this chapter for the collocation-eligible facility.

(2)

A California Environmental Quality Act environmental impact report, mitigated negative declaration, or negative declaration was certified for the existing collocation-eligible facility, pursuant to Public Resources Code section 21000, et seq.

(3)

The collocation of the facility with an existing collocation-eligible facility will not require the preparation of a subsequent or supplemental environmental impact report pursuant to Public Resources Code section 21166.

(4)

The facility to be collocated will incorporate required mitigation measures specified in an environmental impact report or mitigated negative declaration that was certified for the existing collocation-eligible facility.

(5)

The applicant has provided the financial assurance required by this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Notice of Complete Application. The county will notify the applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Issuance of Wireless Facility Access Permit.

(1)

An application for a wireless facility access permit will be decided under the procedures specified in Article 26-2.21.

(2)

Following receipt of a complete application for a wireless facility access permit, the department of conservation and development will provide the application to the public works department for its review.

[(3)]

[Reserved.]

(4)

A wireless facility access permit will be issued if all of the following requirements are satisfied:

(A)

The zoning administrator finds each of the following:

(i)

The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408.

(ii)

The facility or substantial change will not interfere with the use of the county right-of-way, or existing improvements or utilities located on, in, under, or above the right-of-way.

(iii)

The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the county right-of-way.

(iv)

The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act.

(B)

Indemnity Requirement. To the fullest extent permitted by law, the applicant shall defend, indemnify, and hold harmless the county, its officers, employees, contractors, consultants, and volunteers from and against:

(1)

All claims, losses, damages (including injury or death), liabilities, suits, costs, and expenses, including reasonable attorney's fees, in any way connected to or arising from the design, construction, installation, use, maintenance, or operation of the facility; and

(2)

All claims, actions, or proceedings to attack, set aside, void, or annul any decision to approve the application and issue a wireless facility access permit to the applicant, or any other discretionary action of the county related to the issuance of that permit.

(C)

Insurance Requirement. The applicant shall maintain a policy of general liability insurance, naming the county as an additional insured, in the amount of one million dollars that provides coverage for personal injury, death, and property damage resulting from the construction, installation, use, maintenance, and operation, of the facility.

(D)

The applicant shall repair, at its sole cost and expense, any damage to the county's or any other person's facilities or improvements caused by the construction of, or substantial change to, the facility.

(E)

The applicant shall, upon demand by the county or any other public agency, modify, remove, or relocate its facility, or any portion of its facility, without cost or expense to the county or other public agency, if that modification, removal, or relocation is necessary due to abandonment, change of grade, alignment, or widening of any street, sidewalk, or other public facility, or due to the construction, maintenance, or operation of any other underground or aboveground facility, including, but not limited to, sewers, storm drains, conduits, gas, water, electric, or other utility systems, or pipes owned by the county or any other public agency.

(F)

The applicant shall provide the zoning administrator, within one hundred eighty days after the facility is operational, all information required by the zoning administrator to confirm that the facility complies with the requirements of this chapter and with the wireless facility access permit issued under this chapter.

(G)

Any required environmental review of the facility has been completed.

(H)

The applicant has paid all required fees and costs, including, but not limited to, the application fee, any required environmental review fee, and any peer review fee required to be paid under this chapter.

(I)

The applicant has provided the financial assurance required by this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

88-24.614. - Discretionary approval of land use permit application.

(a)

Notice of Complete Application. The county will notify the applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Discretionary approval of application and issuance of land use permit. The zoning administrator will approve an application and issue a land use permit under this chapter if it makes the findings required by Section 26-2.2008, and finds all of the following:

(1)

The application is complete.

(2)

Either:

(A)

The facility or substantial change will meet the requirements of this chapter; or

(B)

Federal law requires approval of a land use permit for the facility or substantial change.

(3)

The facility or substantial change has been reviewed pursuant to all appropriate environmental laws and regulations, including the California Environmental Quality Act.

(4)

If an environmental impact report or mitigated negative declaration was prepared for the facility or substantial change, the facility or substantial change will incorporate all mitigation measures identified in either of those documents. Each mitigation measure will be included as a term of the permit.

(5)

If the county airport land use commission reviewed and commented on the application, the facility or substantial change will incorporate each mitigation measure recommended by the commission and deemed by the zoning administrator to be necessary to protect public safety, health, and welfare. Each mitigation measure will be included as a term of the permit.

(6)

The applicant has provided the financial assurance required by this chapter.

(7)

The applicant has paid all required fees and costs, including, but not limited to, the application fee, any required environmental review fee, and any required peer review fee.

(c)

Denial of Applications. If the zoning administrator denies an application for a permit, the applicant may appeal the denial pursuant to Article 26-2.24.

(d)

Judicial Review of Denial of Personal Wireless Service Facility Permit. For a permit application for a personal wireless service facility, after exhausting its appeals to each division of the planning agency, and within thirty days after receiving the last decision sustaining denial of the permit application, the applicant may seek judicial review of the denial in any court having jurisdiction over the denial, or seek relief from the Federal Communications Commission, as provided by Title 47, United States Code, section 332, subdivision (c)(7)(B)(v).

(Ord. No. 2016-11, § II, 5-24-16)

(a)

A land use permit and a wireless facility access permit issued under this chapter has a term of ten years.

(b)

A minor alteration permit and a collocation permit issued under this chapter each has a term that is the shorter of the following:

(1)

Ten years; or

(2)

The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur.

(Ord. No. 2016-11, § II, 5-24-16)

A permit may be modified, suspended, or revoked in accordance with Article 26-2.20.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

A land use permit or other discretionary approval for a facility issued prior to the enactment of this chapter may be renewed in accordance with the requirements in effect at the time the discretionary approval was issued.

(b)

A minor alteration permit for collocation, a collocation permit, a land use permit, and a wireless facility access permit issued under this chapter may be renewed as follows:

(1)

Timing of Request. A renewal request must be submitted to the zoning administrator at least sixty days before the expiration of the permit's current term.

(2)

Required Submittals. A renewal request must be submitted with all of the following:

(A)

A copy of the permit being renewed;

(B)

A copy of the original application for the permit, if available;

(C)

A copy of any environmental document that was certified for the permit.

(3)

Renewal of Financial Assurance Required. Before a collocation permit, land use permit, or wireless facility access permit renewal is effective, the permittee must renew the financial assurance provided for its original permit under this chapter, or provide a new financial assurance in a form authorized by this chapter. The renewed or new financial assurance must be in an amount that the zoning administrator determines is necessary to pay, as of the date that the renewal request is approved, the cost to remove the facility and restore the facility site to its original condition before construction or installation of the facility.

(4)

Approval of Renewal Request.

(A)

A renewal request for a minor alteration permit for collocation will be approved by the zoning administrator upon receipt of a renewal request and all required submittals.

(B)

A renewal request for a collocation permit, land use permit, or wireless facility access permit will be approved by the zoning administrator after receiving the request and all required submittals if the zoning administrator finds all of the following:

(i)

The facility meets of the county requirements applicable to the facility at the time that a permit was issued for the facility, and any terms or conditions included in the permit for the facility.

(ii)

The permittee has met the financial assurance requirements of subsection (b)(3).

(iii)

The permittee has paid the renewal request processing fee.

(5)

Permit Renewal Duration.

(A)

A land use permit renewal or a wireless facility access permit renewal has a term of ten years.

(B)

A minor alteration permit renewal or collocation permit renewal has a term that is the shorter of the following:

(i)

Ten years; or

(ii)

The duration, including any renewal period, of the permit that authorizes the existing facility on which the minor alteration or collocated facility is located.

(C)

A permit issued under this chapter may be renewed at the expiration of a prior renewal period, provided all of the requirements of this subsection (b).

(Ord. No. 2016-11, § II, 5-24-16)

(a)

Discontinuation of Facility Use. The following requirements apply when a permittee intends to discontinue its use of a facility:

(1)

Notice of Discontinuance of Use. At least sixty days before the final day of use, a permittee that intends to discontinue its use of any facility must provide to the zoning administrator written notice of the permittee's intent to discontinue use of the facility. A copy of the notice must be provided to the owner of the facility site if the permittee is not the owner of that site.

(2)

Removal and Restoration. Within sixty days after the final day of use, the permittee must completely remove the facility and restore the facility site to the condition it was in before the construction and installation of the facility. Within forty-eight hours after completing facility removal and facility-site restoration, the permittee must provide notice to the county that removal is complete. The county may inspect the facility site to confirm removal is complete.

(3)

Cancellation of Financial Assurances. Within thirty days after receiving a notice of completion of facility removal and facility-site restoration, the county will confirm that facility removal and facility-site restoration are complete and then return any financial assurance deposited with it, and cancel, or authorize the cancellation of, any other type of financial assurance provided by the permittee.

(b)

Facility Abandonment. If the permittee fails to remove the facility and restore the facility site to the condition it was in before the construction and installation of the facility, as provided in subsection (a), the county will consider the facility to be abandoned. The following provisions apply to an abandoned facility:

(1)

Notice of Abandonment. The county will provide the owner of the facility thirty days' advance written notice that the county deems the facility to be abandoned and that it will draw upon and use the financial assurances, as described in this subsection (b).

(2)

Removal and Restoration. If, within thirty days after the date of the notice, the owner has not commenced facility removal and facility-site restoration, the county may draw upon and use the financial assurances to complete facility removal and facility-site restoration. If the owner commences facility removal and facilitysite restoration within thirty days after the date of the notice, but does not complete removal and restoration within sixty days after the date of the notice, the county, without further notice to the owner, may draw upon and use the financial assurances to complete facility removal and facility-site restoration.

(3)

Cancellation of Remaining Financial Assurances. The amount of the financial assurances used by county may not exceed the county's actual cost of facility removal and facility-site restoration. After completing facility removal and facility-site restoration, the county will return to the permittee, cancel, or authorize the cancellation of, any remaining amount of financial assurance.

(Ord. No. 2016-11, § II, 5-24-16)

(a)

A person who is issued a permit under this chapter is not relieved from the obligation to obtain all other permits or licenses for a facility required by this code or state or federal law, including, but not limited to, licenses issued by the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration.

(b)

A person who has obtained permits or licenses otherwise required by this code or state or federal law for a facility is not relieved from the obligation to obtain a permit that is required by this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

Chapter 88-26 - TOBACCO RETAILING BUSINESSES

Sections:

Article 88-26.2 - General

The primary purposes of this chapter are to restrict the concentration of tobacco retailing businesses in any one area; to minimize the availability of tobacco products to minors by prohibiting tobacco retailing businesses from locating near schools and other youth-sensitive areas; and to prohibit hookah lounges, vapor lounges, and significant tobacco retailing businesses, which have a deleterious effect upon adjacent areas.

(Ord. No. 2017-10, § II, 7-11-17)

For the purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Hookah lounge," also referred to as a "hookah bar," means any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or waterpipe).

(b)

"Significant tobacco retailing business" means any tobacco retailing business for which twenty percent or more of floor or display area is devoted to tobacco products, tobacco paraphernalia, or both.

(c)

"Tobacco paraphernalia" and "tobacco product" have the definitions set forth in Section 445-2.006.

(d)

"Tobacco retailing" means selling, offering for sale, or exchanging or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(e)

"Tobacco retailing business" means any facility, building, structure, or location that is used, whether as a primary use or as an ancillary use, for tobacco retailing.

(f)

"Tobacco retailer's license" means a license issued in accordance with Section 445-10.010.

(g)

"Vapor lounge," also referred to as a "vape lounge," "vapor bar," "electronic smoking device bar," or "electronic smoking device lounge," means any facility, building, structure, or location where customers use one or more electronic smoking devices; as defined in Section 445-2.006, to deliver an inhaled dose of nicotine or other substance within the establishment.

(Ord. No. 2017-10, § II, 7-11-17)

Article 88-26.4 - Tobacco Retailing Business Locations

In land use districts where tobacco retailing regulated by this chapter would otherwise be a permitted use, it is unlawful to establish or maintain a tobacco retailing business if the location of the business is:

(a)

Within five hundred feet of any parcel occupied by any other tobacco retailing business; or

(b)

Within one thousand feet of any parcel occupied by a public or private school, playground, park, or library.

For the purposes of this section, distance is measured by the shortest line connecting any point on the property line of the parcel on which the tobacco retailing business will be established or maintained to any

point on the property line of the other parcel.

(Ord. No. 2017-10, § II, 7-11-17)

For the purposes of this article, the establishment of a tobacco retailing business includes the opening of a tobacco retailing business as a new business, the relocation of an existing tobacco retailing business to a different location, or the conversion of an existing retail business location to a tobacco retailing business.

(Ord. No. 2017-10, § II, 7-11-17)

88-26.406 - Nonconforming tobacco retailing use.

(a)

For the purposes of this chapter, each of the following is a nonconforming tobacco retailing use:

(1)

Tobacco retailing at any lawful tobacco retailing business, existing at the time this chapter becomes effective, that does not conform to the provisions of Section 88-26.402.

(2)

Tobacco retailing at any lawful tobacco retailing business that, after this chapter becomes effective, does not conform to the provisions of Section 88-26.402(b) due to the lawful establishment of a public or private school, playground, park, or library.

(b)

A nonconforming tobacco retailing use is not a violation of this chapter. If a nonconforming tobacco retailing use is continued after the effective date of this chapter, all applicable permits and licenses, including a tobacco retailer's license, must be maintained in full force and effect, and the nonconforming tobacco retailing use may not be increased, enlarged, or expanded.

(Ord. No. 2017-10, § II, 7-11-17)

A tobacco retailing business allowed under this chapter may only be established and maintained in full compliance with Division 445.

(Ord. No. 2017-10, § II, 7-11-17)

Article 88-26.6 - Hookah Lounges, Vapor Lounges, and Significant Tobacco Retailing Businesses

A hookah lounge may not be established in any land use district.

(Ord. No. 2017-10, § II, 7-11-17)

88-26.604 - Vapor lounges prohibited.

A vapor lounge may not be established in any land use district.

(Ord. No. 2017-10, § II, 7-11-17)

88-26.606 - Significant tobacco retailing businesses prohibited.

A significant tobacco retailing business may not be established in any land use district.

(Ord. No. 2017-10, § II, 7-11-17)

Chapter 88-28 - CANNABIS REGULATION[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 2018-18, § 3, adopted June 26, 2018, repealed and replaced Ch. 88-28, §§ 8828.002—88-28.008, in its entirety. Former Ch. 88-28 pertained to similar subject matter and was derived from Ord. No. 2017-26, § II, adopted October 24, 2017.

Article 88-28.2. - General

88-28.202 - Purpose and authority.

(a)

The purpose of this chapter is to regulate the personal cultivation of cannabis, and the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of medical cannabis and medical cannabis products, and of adult-use cannabis and adult-use cannabis products, as authorized by the Control, Regulate, and Tax Adult Use of Marijuana Act, and by the Medicinal and Adult Use Cannabis Regulation and Safety Act.

(b)

A permit issued under this chapter regulates the location of commercial cannabis activities and regulates the business operations of commercial cannabis activities, as authorized by Business and Professions Code section 26200, Government Code section 65850, and Business and Professions Code section 16100.

(c)

The requirements of this chapter are in addition to any other applicable requirements of this code and all applicable state laws and regulations. The requirements of this chapter apply to commercial cannabis activities regardless of whether the activity is authorized under a state A-license or a state M-license.

(Ord. No. 2020-05 § 3, 2-25-20; Ord. No. 2018-18, § 3, 6-26-18)

(a)

Commercial cannabis activities not expressly authorized by this chapter are prohibited in all zoning districts.

(b)

Temporary commercial cannabis events are prohibited in all zoning districts.

(Ord. No. 2018-18, § 3, 6-26-18)

(a)

Except as otherwise provided in subdivision (b), the definitions set forth in Division 10 of the Business and Professions Code, and the definitions set forth in Health and Safety Code section 11362.7, apply to this chapter.

(b)

The following terms have the following meanings for purposes of this chapter:

(1)

"Bureau" has the meaning set forth in Business and Professions Code section 26001(e).

(2)

"Business" means a business engaged in one or more commercial cannabis activities under a State license and a permit issued under this chapter.

(3)

"Commercial cannabis activity" means any of the following: the retail sale of cannabis or cannabis products under Section 88-28.412; the commercial cultivation of cannabis under Section 88-28.414; the manufacturing of cannabis or cannabis products under Section 88-28.416; cannabis testing under Section 88-28.418; and the distribution of cannabis or cannabis products under Section 88-28.420.

(4)

"Deliver" or "delivery" means the commercial transfer of cannabis or cannabis products from a retailer to a customer.

(5)

"Delivery retailer" means a retailer that conducts retail sales of cannabis or cannabis products exclusively through deliveries.

(6)

"Department" means the Department of Conservation and Development.

(7)

"Director" means the Director of Conservation and Development, or designee.

(8)

"Indoor commercial cultivation" includes both "indoor cultivation" and "mixed-light cultivation," as defined in Title 3, California Code of Regulations, section 8000. Indoor commercial cultivation includes, but is not limited to, commercial cultivation of cannabis within a building, structure, greenhouse, or hoop house.

(9)

"Outdoor commercial cultivation" means commercial cultivation of cannabis that meets both of the following criteria:

(A)

The cannabis is cultivated without the use of any light deprivation, any artificial lighting, or any supplemental low-intensity lighting.

(B)

The cannabis is cultivated outdoors, and it is not cultivated within a building, structure, greenhouse, or hoop house.

(10)

"Retailer" means a State-licensed retailer of cannabis or cannabis products. A retailer may be a delivery retailer or a storefront retailer.

(11)

"Retail water supplier" means a public agency, city, county, or investor-owned water utility regulated by the state Public Utilities Commission, that provides retail water service. A retail water supplier does not include a mutual water company.

(12)

"State license" or "license" means a license issued pursuant to Division 10 of the Business and Professions Code, sections 26000 through 26231.2. A state license may be a state A-license or a state M-license.

(13)

"Storefront retailer" means a retailer that conducts retail sales of cannabis or cannabis products in whole or in part at a facility that is open to the public.

(14)

"Temporary commercial cannabis events" means those activities described in and covered by Business and Professions Code section 26200(e), and Sections 5600 through 5603 of Title 16 of the California Code of Regulations.

(15)

"Vertically-integrated business" means a business that includes two or more of the following commercial cannabis activities: the retail sale of cannabis and cannabis products under Section 88-28.412; the commercial cultivation of cannabis under Section 88-28.414; the manufacturing of cannabis or cannabis products under Section 88-28.416; and the distribution of cannabis or cannabis products under Section 88-28.420.

(16)

"Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in sufficient quantities, will create explosive or ignitable mixtures, including, but not limited to, butane, hexane, and propane.

(Ord. No. 2018-18, § 3, 6-26-18)

Article 88-28.4. - Permit Requirements

88-28.402 - Land use permit required.

(a)

Permit Required. Except as provided in section 88-28.404, a land use permit is required for all commercial cannabis activities in the unincorporated areas of the County.

(b)

Permit Term. A permit issued under this chapter shall have an initial term of five years. A permit may be renewed for additional five-year terms, one additional term at a time, as set forth in Section 88-28.424.

(c)

Limits on storefront retailer, commercial cultivation, and cannabis manufacturing permits.

(1)

No more than four permits for storefront retailers under Section 88-28.412 will be in effect at any one time.

(2)

No more than ten permits for commercial cultivation under Section 88-28.414 will be in effect at any one time.

(3)

No more than two permits for cannabis manufacturing within an agricultural zoning district under Section 88-28.416 will be in effect at any one time. The permit limit in this Section 88-28.402(c)(3) does not apply to either of the following:

(A)

Cannabis manufacturing within a zoning district that is not an agricultural zoning district.

(B)

A vertically-integrated business in an agricultural zoning district that includes both cannabis cultivation and cannabis manufacturing.

(4)

A permit issued for a vertically-integrated business that authorizes both (A) a storefront retailer under Section 88-28.412, and (B) commercial cultivation under Section 88-38.414, does not count toward the commercial cultivation ten-permit limit in Subsection (c)(2). Except as specifically provided in the preceding sentence or elsewhere in this Section 88-28.402(c), a permit issued for a vertically-integrated business counts toward the permit limit for each commercial cannabis activity involved in the vertically-integrated business.

(Ord. No. 2018-27, § 3, 9-25-18; Ord. No. 2018-18, § 3, 6-26-18)

88-28.404 - Selection process for specified commercial cannabis activities.

(a)

Solicitation. An application for a commercial cannabis activity that is subject to a permit limit in Section 8828.402(c) may be submitted only after the conclusion of a solicitation process conducted in accordance with this section. In advance of a solicitation, the Board of Supervisors will approve the solicitation and adopt forms and procedures necessary to implement the solicitation process, including the form of a request for proposals. The solicitation process approved by the Board of Supervisors will be administered by the Director. An application to renew a permit issued under this chapter is not subject to the requirements of this section.

(b)

Notification Lists. Notification lists may be established to maintain lists of persons that have expressed an interest in obtaining a permit for a commercial cannabis activity that is subject to a permit limit in Section 88-28.402(c). Notification lists are to assist the County in providing notice of solicitations to interested persons. A person's inclusion on a notification list confers no priority or advantage with respect to any solicitation under this section. A person's inclusion on a notification list does not guarantee the person will receive notice about any solicitation.

(c)

Issuance of Request for Proposals. After the Board of Supervisors approves a solicitation for a commercial cannabis activity that is subject to a permit limit in Section 88-28.402(c), the Director will issue a request for

proposals on a form approved by the Board. Persons on an applicable notification list may be notified of the availability of the request for proposals. Notice of the availability of the request for proposals also may be provided to other persons, or in any other manner, as determined by the Board of Supervisors.

(d)

Proposal Submission Deadline. All proposals must be submitted by the proposal submission deadline specified in the request for proposals.

(e)

Evaluation of Proposals. All proposals timely submitted in response to a request for proposals will be evaluated by a panel using scoring criteria specified in the request for proposals. All proposals will be ranked according to the scores determined by the panel.

(f)

Invitation to Apply for a Permit. Following the evaluation of proposals, the persons who submit the highest scoring proposals will be provided written notice that they may apply for a permit under this chapter. The notice will specify the application deadline. The number of persons receiving notice will not exceed the number of permits available for the applicable commercial cannabis activity. If the Department does not receive a timely submitted application from a person invited to apply for a permit, the person who submitted the proposal with the next highest score may be invited to apply for a permit. If a request for proposals specifies a minimum score needed to be eligible to be invited to apply for a permit, persons who receive scores below the minimum score will not be invited to apply for a permit.

(Ord. No. 2018-18, § 3, 6-26-18)

88-28.406 - Exemptions from permitting requirements.

(a)

Personal Cultivation.

(1)

A permit under this chapter is not required for a person twenty-one years of age or older to cultivate six or fewer cannabis plants at a private residence, or inside a fully-enclosed and secured accessory structure to a private residence located on the grounds of the private residence, if all of the following conditions are met.

(A)

The private residence or accessory structure, and all lighting, plumbing, and electrical components used for cultivation, must comply with all applicable zoning, building, electrical, and plumbing codes and permitting requirements.

(B)

All living cannabis plants cultivated indoors, and all cannabis in excess of twenty-eight and one-half grams produced by cannabis plants cultivated on the grounds of a private residence, must be kept in a locked room and may not be visible from an adjacent property, right-of-way, street, sidewalk, or other place accessible to the public.

(C)

The private residence must be lawfully occupied by the person twenty-one years of age or older who cultivates the cannabis plants within the private residence or within the accessory structure. If the private residence is not owner-occupied, written permission from the owner of the private residence must be obtained before cannabis plants may be cultivated.

(D)

Notwithstanding anything to the contrary, up to three of the cannabis plants cultivated under this subsection (a)(1) may be cultivated outdoors on the grounds of a private residence, if all of the following conditions are met.

(i)

The edge of each cannabis plant canopy must be at least ten feet away from property lines of the lot on which the private residence is located.

(ii)

No cannabis plant may exceed a height of five feet above ground level.

(iii)

No cannabis plant may be visible from a right-of-way, street, sidewalk, or other place accessible to the public.

(iv)

All cannabis plants cultivated outdoors must be enclosed by fencing, and all gates and other points of entry to the outdoor growing area must be locked at all times.

(2)

Personal cultivation by qualified patients and primary caregivers is subject to the restrictions set forth in Business and Professions Code section 26033 and Health and Safety Code section 11362.77, and the requirements of subsection (a)(1).

(b)

Deliveries originating outside of the unincorporated County.

(1)

A licensed and permitted commercial cannabis delivery business located outside of the County may travel on public roads within the County for the purpose of delivering cannabis or cannabis products to persons in jurisdictions other than the County, where the delivery of cannabis and cannabis products is authorized.

(2)

A licensed and permitted commercial cannabis delivery business located outside of the County may deliver cannabis or cannabis products to persons in unincorporated Contra Costa County, as long as all of the following requirements are met.

(A)

The business possesses both (i) a current County business license, and (ii) a current County health permit issued under Chapter 413-4 of this code.

(B)

The business shall ensure that the employees, upon request, provide the following documentation to law enforcement officers and to employees of State and local agencies enforcing this chapter and the requirements of State laws and regulations:

(i)

A copy of the business' current permits, licenses, and entitlements authorizing the business and deliveries.

(ii)

The employee's valid government-issued identification.

(iii)

A copy of each delivery request.

(iv)

Chain of custody records for all cannabis or cannabis products being delivered.

(C)

All vehicles used to deliver cannabis and cannabis products must be owned by the business. The business shall ensure that its drivers do not deliver cannabis or cannabis products on the business' behalf using any vehicles other than vehicles provided by the business.

(D)

All drivers who deliver cannabis and cannabis products on behalf of the business must be employed by the business. The business may not utilize independent contractors to deliver cannabis or cannabis products. The business shall ensure that each of its drivers possesses a valid State driver's license.

(E)

The business shall ensure that its employees who deliver cannabis or cannabis products require customers to show State-issued identification at the time a delivery is made. The business shall ensure that its employees deliver cannabis and cannabis products only:

(i)

To persons who are twenty-one years of age or older, or

(ii)

To persons who are eighteen years of age or older and either possess a physician's recommendation, or are primary caregivers.

(Ord. No. 2018-27, § 4, 9-25-18; Ord. No. 2018-18, § 3, 6-26-18)

88-28.408 - Permit application requirements.

(a)

Requirements for All Applications. Each person applying for a permit authorizing commercial cannabis activities under this chapter shall include the following information in the permit application:

(1)

The type of State license that the applicant will obtain.

(2)

Proof of ownership of the property where the business will be located. If the applicant is not the owner of the property where the business will be located, a notarized, written authorization from each owner of the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activity on the subject property. In the authorization, each owner shall expressly agree that it will evict a person who violates the requirements of this chapter or a permit issued under this chapter.

(3)

The address and assessor's parcel number of the property or properties where the business will be located.

(4)

The name and address of each person or entity responsible for the operation of the commercial cannabis activity, which includes but may not be limited to each manager, each corporate officer, each individual with an ownership interest, each member of a board of directors, each general or limited partner, and each member of a decision-making body for the commercial cannabis activity.

(5)

Site plans, floor plans, conceptual improvement plans, and a general description of the nature, size, and type of commercial cannabis activities being proposed.

(6)

An operating plan that includes all of the following information:

(A)

A standard operating procedures manual detailing how operations will comply with State and local regulations; how safety and quality of products will be ensured; record keeping procedures for financing, testing, and other items records required to be kept by State law; and product recall procedures.

(B)

Proposed hours of operation.

(C)

Waste disposal information.

(D)

Medical recommendation verification procedures, if applicable, and youth access restriction procedures.

(E)

A record keeping policy that ensures records will be kept in accordance with State laws and regulations.

(F)

A description of track and trace measures that will be implemented.

(G)

Sustainability measures that will be utilized at the business, including water efficiency measures, energy generation and efficiency measures, high efficiency mechanical systems, and alternative fuel transportation methods.

(H)

An odor control plan that describes how the business will prevent odors from impacting neighboring parcels or creating a public nuisance.

(I)

Size, height, colors, and design of any proposed signage at the business.

(J)

A parking plan that establishes how all off-street parking requirements will be met.

(K)

A security plan that establishes how all security requirements in State laws and regulations will be satisfied.

(L)

Details regarding how cannabis and cannabis products will be received, stored, handled, transported, and secured to prevent theft and trespass.

(7)

Information describing how any conditions specified in a request for proposals will be satisfied.

(b)

Retailer Applications. In addition to the information required in subsection (a), an application for a retailer permit must include in its operating plan information describing how the requirements in Section 88-28.412 will be satisfied.

(c)

Commercial Cultivation Applications. In addition to the information required in subsection (a), an application for a commercial cultivation permit must include in its operating plan information describing how the requirements in Section 88-28.414 will be satisfied, and the following additional information:

(1)

A floor plan or site plan identifying the location, dimensions, and boundaries of all proposed canopy areas, taking into account space needed for ongoing care of plants, and a description of the proposed method of physically delineating those boundaries at the site.

(2)

The application must include proof of water service availability from a retail water supplier.

(d)

Cannabis Manufacturing Applications. In addition to the information required in subsection (a), an application for a cannabis manufacturing permit must include in its operating plan information describing how the requirements in Section 88-28.416 will be satisfied, and the following additional information:

(1)

Information on products used in the manufacturing process, including the liquids, solvents, and agents, used in the manufacturing process.

(2)

Identification of each solvent used in the manufacturing process, the quantities of solvents used, and the maximum quantities of solvents that will be stored onsite.

(3)

Protocol for storing products used in the manufacturing process and a hazard response plan.

(4)

Manufacturing quality control measures.

(e)

Cannabis Testing Laboratory Applications. In addition to the information required in subsection (a), an application for a testing laboratory permit must include in its operating plan information describing how the requirements in Section 88-28.418 will be satisfied, and the following additional information:

(1)

Details about how cannabis will be received, secured, tested, and destroyed upon completion of testing, all in accordance with State laws and regulations.

(2)

A copy of a certificate of ISO/IEC 17025 accreditation from an accreditation body. If a certificate is not available at the time of application or before a permit is issued, providing a copy of the certificate to the Department will be required as a condition of operating the testing laboratory.

(3)

Procedures for record keeping, including chain of custody control.

(f)

Cannabis Distribution Applications. In addition to the information required in subsection (a), an application for a cannabis distribution permit must include in its operating plan information describing how the requirements in Section 88-28.420 will be satisfied, and the following additional information:

(1)

The location and physical layout of parking, loading, and storage areas.

(2)

A cannabis storage and handling plan that ensures quality control.

(g)

Vertically-Integrated Businesses. In addition to the information required in subsection (a), an application for a vertically-integrated business permit must include all information this section requires for each type of commercial cannabis activity that will be included in the vertically-integrated business.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section apply to all commercial cannabis activities.

(a)

Health Permit and State License Required. No business may operate under a permit issued under this chapter unless and until the permittee possesses both (1) a State license authorizing the same commercial cannabis activities that are authorized under the permit, and (2) a commercial cannabis health permit issued under Chapter 413-4. Before a business begins operating, a permittee shall provide the Department (1) a copy of the permittee's State license and a copy of the State license application, and (2) a copy of the permittee's County health permit. A permittee shall provide the Department a copy of each renewed license and renewal application within thirty days after a State license is renewed. A permittee shall provide the Department a copy of each renewed County health permit within thirty days after the permit is renewed. All requirements of the permittee's State license shall be deemed to be incorporated as requirements of the permit issued under this chapter.

(b)

Location Requirements.

(1)

Notwithstanding anything to the contrary in this chapter or elsewhere in this code, no commercial cannabis activities may be located within a cannabis exclusion (-CE) combining district.

(2)

All commercial cannabis activities shall be located within the urban limit line established pursuant to Chapter 82-1, except as follows:

(A)

A business engaged in outdoor commercial cultivation, or a vertically-integrated business that includes outdoor cultivation, must be located outside of, and at least one mile from, the urban limit line.

(B)

A business engaged in indoor commercial cultivation, or a vertically-integrated business that includes indoor commercial cultivation, may be located within an agricultural zoning district outside the urban limit line.

(C)

A business engaged in manufacturing, or a vertically-integrated business that includes manufacturing, may be located outside the urban limit line.

(D)

No vertically-integrated business that includes a retailer may be located outside of the urban limit line.

(3)

A business shall meet the following buffer requirements:

(A)

A business may not be located within one thousand feet of any of the following located in the unincorporated County or in a city: a school providing instruction in kindergarten or any grades one through twelve; a day care center; or a youth center; or a drug treatment center.

(B)

A storefront retailer may not be located within five hundred feet of any other storefront retailer located in the unincorporated County or in a city.

All distances specified in this section shall be the horizontal distance measured in a straight line from nearest property line to nearest property line.

(c)

Vertically-Integrated Businesses. A vertically-integrated business must satisfy all requirements that apply to each commercial cannabis activity in which the business is engaged under this chapter. A permit for a vertically-integrated business will include all permit requirements that apply to each category of commercial cannabis activity in which the business is engaged.

(d)

Prohibited Activities. A business that is permitted under this chapter may not sell tobacco or alcoholic beverages.

(e)

Age Restrictions. No persons under the age of eighteen may be present on the premises of any business that has a State M-license. No persons under the age of twenty-one may be present on the premises of any business that has a State A-license, but does not have a State M-license. No person under the age of twenty-one may be present on the premises of any testing business.

(f)

Inspections. The County shall have the same rights of access that the bureau has under Title 16 of the California Code of Regulations, section 5800. A permittee shall allow access to its business and records if requested by the County, its officers, employees, or agents. A permittee, upon request, shall submit to an inspection by the County for the purpose of verifying the permittee is operating its business in compliance with the requirements of this chapter, the terms of a permit issued under this chapter, the State license, and all applicable requirements of this code and State laws and regulations. A permittee, upon request, shall provide the County with copies of records that the County requires to verify the permitee's compliance with this chapter and other applicable requirements of this code and State laws and regulations. A permittee must pay the applicable inspection fees for each County inspection.

(g)

Records. A permittee shall maintain all records in accordance with Business and Professions Code sections 26160 through 26162.5. The County shall have the same powers as licensing authorities under Business

and Professions Code sections 26160 through 26162.5.

(h)

Compliance Review. The Department may perform a compliance review at any time during the term of a permit to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. The Department will perform a compliance review at least once in each of the first, second, and fourth year during the initial five-year term of a permit issued under this chapter. If a permit is renewed under this chapter for one or more additional five year terms, the Department will perform a compliance review after the first two and one-half years of each renewal term. A permittee shall cooperate with the Department to complete the compliance review and must pay all applicable compliance review fees.

(i)

CEQA Compliance. The issuance of a permit under this chapter is a discretionary activity that is subject to environmental review under the California Environmental Quality Act (CEQA). A permit will not be issued under this chapter unless and until the County has completed all applicable CEQA environmental review. An applicant shall pay all costs that the County incurs to satisfy the requirements of CEQA. A permit issued under this chapter shall include appropriate measures to mitigate the impacts of commercial cannabis activities, as determined by the County during CEQA environmental review.

(j)

Unique Identification Protocol. A permittee must comply with all applicable track-and-trace systems developed by the State for reporting the movement of cannabis and cannabis products throughout the distribution chain.

(k)

Indemnity. As a condition of issuance of a permit under this chapter, an applicant shall be required to enter into an indemnification agreement with the County that requires the applicant to indemnify, defend (with counsel reasonably acceptable to the County), and hold harmless the County, its boards, commissions, officers, employees, and agents from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages arising from or related to the applicant's application for a land use permit, the County's discretionary approvals for the commercial cannabis activities, the County's actions pursuant to CEQA and planning and zoning laws, and the operation of the commercial cannabis activities, regardless of when those liabilities accrue.

(l)

Notifications. A permittee shall provide written notice to the Department within five days after receiving any of the following from the bureau: a notice to comply, a citation, an interim order to suspend any license or impose any restrictions upon any permittee, an order revoking a license, or any other writing informing the permittee of any disciplinary action proposed to be taken or actually taken against the permittee.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section and the standards in Section 88-28.410 apply to retailers.

(a)

Location Requirements. A retailer may be located only in the following zoning districts located outside of a cannabis exclusion (-CE) combining district: planned unit development (P-1) when retailers are permitted by the development plan; retail-business (R-B); general commercial (C); controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I). No retailer may be located outside of the urban limit line.

(b)

Hours of Operation. A delivery retailer may not be open to the public. A storefront retailer's hours of operation may not begin earlier than 8:00 a.m., and they may not end later than 9:00 p.m.

(c)

Security. A retailer shall implement and maintain the security measures required by Business and Professions Code section 26070(j). At the same time that a retailer provides notice to a licensing authority and law enforcement under Business and Professions Code section 26070(k), the retailer shall provide that same notice to the Department.

(d)

Deliveries.

(1)

A storefront retailer may deliver cannabis or cannabis products. An application for a storefront retailer permit must indicate whether the storefront retailer will provide deliveries in accordance with the requirements of this subsection (d). Deliveries of cannabis may only be provided by retailers that operate under permits issued under this chapter. A delivery retailer shall conduct sales exclusively by delivery and may not conduct any retail sales at the premises of the storefront.

(2)

If a retailer provides deliveries, the retailer shall ensure that its employees who deliver cannabis or cannabis products possess the following documentation while making deliveries, and the retailer shall ensure that the employees, upon request, provide the following documentation to law enforcement officers and to employees of State and local agencies enforcing this chapter and the requirements of State laws and regulations:

(A)

A copy of the retailer's current permits, licenses, and entitlements authorizing the retailer and deliveries.

(B)

The employee's valid government-issued identification.

(C)

A copy of each delivery request.

(D)

Chain of custody records for all cannabis or cannabis products being delivered.

(3)

All vehicles used to deliver cannabis and cannabis products must be owned by the retailer. A retailer shall ensure that its drivers do not deliver cannabis or cannabis products on the retailer's behalf using any vehicles other than vehicles provided by the retailer.

(4)

All drivers who deliver cannabis and cannabis products on behalf of the retailer must be employed by the retailer. A retailer may not utilize independent contractors to deliver cannabis or cannabis products. A retailer shall ensure that each of its drivers possesses a valid State driver's license.

(5)

A retailer that provides deliveries shall ensure that its employees who deliver cannabis or cannabis products require customers to show State-issued identification at the time a delivery is made. A retailer shall ensure that its employees deliver cannabis and cannabis products only:

(A)

To persons who are twenty-one years of age or older, or

(B)

To persons who are eighteen years of age or older and either possess a physician's recommendation, or are primary caregivers.

(e)

Products. A retailer shall ensure that all cannabis and cannabis products at the premises of the retailer are cultivated, manufactured, transported, distributed, and tested by licensed and permitted facilities that maintain operations in full conformance with all applicable state and local laws, regulations, and ordinances, including this chapter.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section and the standards in Section 88-28.410 apply to commercial cultivation businesses.

(a)

Location Requirements. Commercial cultivation may be located only in the following zoning districts outside of a cannabis exclusion (-CE) combining district: general agricultural (A-2); heavy agricultural (A-3); A-20 exclusive agricultural; A-40 exclusive agricultural; A-80 exclusive agricultural; planned unit (P-1) when commercial cultivation is permitted by the development plan; controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I). A business engaged in commercial cultivation may cultivate cannabis outdoors only if the business is located in a general agricultural (A-2), heavy agricultural (A-3), A- 20 exclusive agricultural, A-40 exclusive agricultural, or A-80 exclusive agricultural zoning district located outside of a cannabis exclusion (-CE) combining district.

(b)

Indoor Commercial Cultivation. All indoor commercial cultivation must be conducted within a building, as defined in Section 82-4.210, or within a greenhouse. No indoor commercial cultivation may be conducted indoors within a residential building.

(c)

Security. A commercial cultivation business must include security measures to both deter and prevent unauthorized entrance into areas of the business used for cultivation, including the following measures.

(1)

Indoor commercial cultivation areas must be locked, and no cannabis plants may be visible from outside of the indoor commercial cultivation areas. Outdoor cultivation areas and greenhouses must be fenced and all gates must be locked. Fencing surrounding outdoor cultivation areas and greenhouses must be designed and maintained to ensure those areas and greenhouses are not visible from adjacent lots, private roads, and public rights-of-way.

(2)

Access to the premises must be limited to authorized personnel.

(3)

The premises must include an alarm system and security cameras to monitor all cultivation areas and all entryways. The alarm system and security cameras must be monitored twenty-four-hours per day by a licensed alarm company operator.

(d)

Water.

(1)

To the maximum extent feasible, water conservation measures, water recapture systems, drip irrigation, raised beds, or grey water systems must be incorporated in cannabis cultivation operations in order to minimize use of water.

(2)

Except as specified in subsection (d)(3), water service for a commercial cultivation business must be provided by a retail water supplier.

(3)

A commercial cultivation business may satisfy its water demand by pumping groundwater from a groundwater production well if all of the following criteria are met:

(A)

The retail water supplier does not provide retail water service at all times during the year.

(B)

Groundwater is used to satisfy water demand of the business only during those periods when the retail water supplier does not provide retail water service to the business.

(C)

The use of groundwater by the business will not substantially deplete groundwater supplies, and will not substantially interfere with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the groundwater table level.

(D)

The business uses groundwater in accordance with any applicable groundwater sustainability plan adopted by a groundwater sustainability agency within which the business is located.

(e)

Energy Systems. An indoor commercial cultivation business shall satisfy its electricity demands by (1) providing onsite renewable energy generation, or (2) purchasing electricity that is generated entirely from renewable sources, or a combination of (1) and (2).

(f)

Size Limits.

(1)

Indoor Commercial Cultivation.

(A)

The total canopy size for indoor commercial cultivation in other than agricultural zoning districts may not exceed the lesser of:

(i)

Twenty-two thousand square feet, or

(ii)

The maximum size authorized by the State license for the business.

(B)

Indoor commercial cultivation in an agricultural zoning district may not be located in any building that is larger than ten thousand square feet of floor area.

(2)

Outdoor Commercial Cultivation. The total canopy size for outdoor cultivation may not exceed the lesser of:

(A)

Two acres, or

(B)

The maximum size authorized by the State license for the business.

(g)

Rural Infrastructure. A commercial cultivation business located outside the urban limit line shall include measures to avoid and minimize impacts on rural infrastructure, including, but not limited to, water, sewer, and transportation infrastructure.

(h)

Distribution. A vertically-integrated business that includes both cultivation and distribution may transport its cultivated cannabis from its cultivation site to another permitted and licensed business, unless a permit under this chapter requires the permittee to use a licensed and permitted commercial cannabis distributor to transport its cultivated cannabis from its cultivation site to another business.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section and the standards in Section 88-28.410 apply to cannabis manufacturing businesses.

(a)

Location. A cannabis manufacturing business may be located only within the following zoning districts located outside of a cannabis exclusion (-CE) combining district: planned unit development (P-1) when manufacturing cannabis or cannabis products is permitted by the development plan; general commercial (C); controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I); general agricultural (A-2); heavy agricultural (A-3); A-20 exclusive agricultural; A-40 exclusive agricultural; and A-80 exclusive agricultural.

(b)

No Volatile Solvents. Cannabis manufacturing that will require a State "Type 7" license, or will use volatile solvents, is prohibited.

(c)

Security. A cannabis manufacturing business shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products, including an alarm system and security cameras that monitor all manufacturing areas and entryways and that are monitored twenty-four-hours per day by a licensed alarm company operator.

(d)

Products. A cannabis manufacturing business shall ensure that all manufactured cannabis products are cultivated, transported, distributed, and tested by licensed and permitted facilities that maintain operations in full conformance with State laws and regulations and the applicable requirements of this chapter. A cannabis manufacturing business shall maintain adequate quality control measures to ensure cannabis and cannabis products manufactured at the site meet applicable requirements of State laws and regulations.

(e)

Employee Training. A cannabis manufacturing business shall ensure that all employees of the business operating potentially hazardous equipment are trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure.

(f)

Rural Infrastructure. A cannabis manufacturing business located outside the urban limit line shall include measures to avoid and minimize impacts on rural infrastructure, including, but not limited to, water, sewer, and transportation infrastructure.

(g)

Distribution. A vertically-integrated business that includes both manufacturing and distribution may transport its manufactured cannabis products from its manufacturing business to another permitted and licensed business, unless a permit issued under this chapter requires the permittee to use another licensed and permitted commercial cannabis distributor to transport its manufactured cannabis products from its manufacturing business to another permitted and licensed business.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section and the standards in Section 88-28.410 apply to testing laboratories.

(a)

Location. A testing laboratory may be located only within the following zoning districts located outside of a cannabis exclusion (-CE) combining district: planned unit development (P-1) when cannabis testing

laboratories are permitted by the development plan; general commercial (C); controlled manufacturing (CM); light industrial (L-I); and heavy industrial (H-I).

(b)

Restrictions. No person may simultaneously hold a cannabis testing laboratory permit and another permit issued under this chapter. A testing laboratory shall not employ any person who is simultaneously employed by another business engaged in commercial cannabis activities.

(c)

Testing Procedures. A testing laboratory shall comply with all applicable State laws and regulations, including, but not limited to, the requirements of Title 16 of the California Code of Regulations, sections 5700 through 5739.

(Ord. No. 2018-18, § 3, 6-26-18)

The standards in this section and the standards in Section 88-28.410 apply to cannabis distribution businesses.

(a)

Location. A cannabis distribution business may be located only within the following zoning districts located outside of a cannabis exclusion (-CE) combining district: planned unit development (P-1) when cannabis distribution is permitted by the development plan; general commercial (C); controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I).

(b)

Security. A cannabis distribution business shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products. These security measures include but are not limited to the following:

(1)

Measures to prevent individuals from loitering on the premises of the distribution business.

(2)

Designation of limited access areas accessible only to authorized distribution business personnel.

(3)

Storage of cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, and loss.

(4)

An alarm system and security cameras that monitor all storage areas and entryways and that are monitored twenty-four-hours per day by a licensed alarm company operator.

(c)

Distribution. A cannabis distribution business may transport cannabis and cannabis products only between permitted and licensed businesses. A cannabis distribution business shall maintain copies of all shipping manifests during transportation, and shall require employees to make the manifest available for inspection upon request by the County, its officers, employees, contractors, and agents enforcing the requirements of this chapter, including law enforcement.

(d)

Records. A cannabis distribution business shall maintain appropriate records of transactions and shipping manifests in accordance with State laws and regulations.

(e)

Testing and Inspections Required. A commercial cannabis distributor shall inspect cannabis and cannabis products for quality assurance before the cannabis and cannabis products are distributed. Cannabis and cannabis products shall be packaged and labeled in accordance with the requirements of State laws and regulations.

(f)

Vehicle Fleet. All vehicles used to distribute cannabis and cannabis products must be owned by the cannabis distributor. A cannabis distribution business shall ensure that its drivers do not distribute cannabis or cannabis products on the business's behalf using any vehicles other than the vehicles provided by the business.

(g)

Drivers. All drivers that distribute cannabis and cannabis products on behalf of the cannabis distribution business must be employed by the business. A cannabis distribution business may not utilize independent contractors to distribute cannabis and cannabis products on behalf of the business. A cannabis distribution business shall ensure that each of its drivers possesses a valid State driver's license.

(Ord. No. 2018-18, § 3, 6-26-18)

(a)

The County may include, in a permit issued under this chapter, reasonable conditions of approval related to the impacts of the commercial cannabis activity.

(b)

All of the findings in Section 26-2.2008 and all of the following findings must be made before a permit is issued under this chapter:

(1)

The application for commercial cannabis activities has been reviewed pursuant to all appropriate environmental laws and regulations, including the California Environmental Quality Act (CEQA).

[(2)]

[Reserved.]

(3)

All mitigation measures identified by the County during CEQA environmental review are included as permit terms.

(4)

A finding that the permit includes conditions to avoid adverse impacts to surrounding communities, neighborhoods, and sensitive receptors, including, but not limited to, libraries and parks.

(5)

A finding that the permit includes conditions to fully mitigate the effects of a commercial cannabis activity that may pose a significant threat to the public or to neighboring uses from explosion, or from the release of harmful gases, liquids, or substances. If any of those threats cannot be fully mitigated, a permit under this chapter will not be issued for the commercial cannabis activity giving rise to that threat.

(6)

The applicant has entered into an indemnity agreement that meets the requirements of Section 8828.410(m).

(7)

The applicant has paid all applicable fees and costs charged by the County and made all deposits required by the County, including, but not limited to, the application fee, all fees and costs required to complete CEQA environmental review, and all compliance review fees and deposits. The permit will require payment of all fees for compliance reviews and inspections of the business.

(Ord. No. 2018-18, § 3, 6-26-18)

(a)

Eligibility for Renewal. A permit issued under this chapter may be renewed for one or more five-year terms, one term at a time, only if all of the following requirements are met as of the date the renewal request is made:

(1)

The permittee is in compliance with all of the terms of the permit being renewed, and there are no grounds to suspend or revoke the permit under this chapter or under Article 26-2.20.

(2)

The commercial cannabis activity authorized under the permit is authorized by this code as of the date the renewal request is made.

(3)

The permittee maintains a current State license and current County health permit for each commercial cannabis activity authorized by the permit being renewed.

(b)

Timing of Request. A permit renewal request must be submitted to the Department at least sixty days before the expiration of the permit's current term.

(c)

Required Submittals. A permit renewal request must be made on forms provided by the Department. A permit renewal request must be submitted with all of the following:

(1)

A copy of the permit being renewed.

(2)

A copy of a current State license authorizing each commercial cannabis activity that is authorized under the permit being renewed.

(3)

A copy of the original permit application.

(4)

A copy of any environmental document that was certified for the permit.

(d)

Approval of Renewal Request. A permit renewal request will be approved by the zoning administrator, after the zoning administrator determines all of the following:

(1)

The permit renewal request and all required submittals were timely received.

(2)

The permit is eligible for renewal under this Section 88-28.424.

(3)

The applicant has paid all applicable fees required by the County, and has made all deposits required by the County, including, but not limited to, a renewal application fee and a condition compliance fee deposit.

(Ord. No. 2018-18, § 3, 6-26-18)

88-28.426 - Permits nontransferable.

(a)

A permit issued under this chapter is not transferable or assignable to another person.

(b)

A permit issued under this chapter terminates if a change in ownership results in one or more new persons owning a total of twenty percent or more of the business.

(c)

Any change to the information provided to the department in an application for a permit under this chapter must be reported to the department within fourteen days after the change occurs.

(Ord. No. 2020-05 § 2, 2-25-20)

Article 88-28.6. - Suspension, Revocation, and Enforcement

In addition to the grounds for permit suspension or revocation set forth in Article 26-2.20, a permit issued under this chapter may be suspended or revoked on any of the following grounds:

(a)

A permittee has not complied with one or more of the conditions of the permit issued under this chapter.

(b)

A permit was issued under this chapter based on any false material information, written or oral, given by the permitee.

(c)

A permittee has not complied with the requirements of this chapter, any other applicable requirements of this code, or any requirements of State laws or regulations.

(d)

A permittee's State license has been suspended or revoked.

(e)

A permittee's County health permit has been suspended or revoked.

(f)

A permittee has possessed or delivered any form of illegal drugs without proper legal authorization.

(g)

A permittee fails to pay any fee, or make any deposit, required by the County as a condition of permit issuance, including, but not limited to, all condition compliance fees and deposits required by the County.

(Ord. No. 2018-18, § 3, 6-26-18)

88-28.604 - Modification, suspension, and revocation.

A permit issued under this chapter may be modified, suspended, or revoked in the same manner as other conditional use permits under Article 26-2.20.

(Ord. No. 2018-18, § 3, 6-26-18)

The County may enforce this chapter by any remedy allowed under this code and any other remedy allowed by law.

(Ord. No. 2018-18, § 3, 6-26-18)

Chapter 88-30 - SOLAR ENERGY FACILITIES

Article 88-30.2 - General

88-30.202 - Title.

This chapter is known as the Solar Energy Facilities Ordinance of Contra Costa County.

(Ord. No. 2020-07 § II, 2-25-20)

The purpose of this chapter is to regulate the establishment of commercial solar energy facilities in the unincorporated area of Contra Costa County.

(Ord. No. 2020-07 § II, 2-25-20)

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Accessory solar energy facility," also referred to as a "solar energy system," means a solar energy facility that is designed to collect, store, and distribute no more solar energy than what is necessary to meet onsite energy demand.

(b)

"Commercial solar energy facility" means a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand.

(c)

"Solar energy facility" means any solar collector or other solar energy device that collects, stores, and distributes solar energy for space heating, space cooling, electric generation, or water heating. "Solar energy facility" includes a photovoltaic system consisting of one or more solar panels, a solar thermal system that converts solar energy to electricity by heating a working fluid to power a generator, and a solar hot water system designed to heat water for either domestic or commercial uses.

(Ord. No. 2020-07 § II, 2-25-20)

Article 88-30.4 - Permits

No person may establish or expand a commercial solar energy facility in the unincorporated area of the County without first obtaining a land use permit, except as otherwise provided in this chapter.

(Ord. No. 2020-07 § II, 2-25-20)

88-30.404 - Permit-exception.

A commercial solar energy facility may be established or expanded without a land use permit if the facility meets all of the following criteria.

(a)

The facility is installed on the roof of an existing building or on a parking canopy at an existing parking lot. For purposes of this section, "existing parking lot" means an area designated and used for parking of vehicles as of the time the commercial solar energy facility is established and for at least the previous two years.

(b)

The facility is located in a general commercial (C), light industrial (L-I), or heavy industrial (H-I) district, or in a planned unit (P-1) district with an underlying general plan land use designation of commercial or industrial.

(c)

The facility complies with the standards set forth in sections 88-30.604 through 88-30.614.

(Ord. No. 2020-07 § II, 2-25-20)

An application for a land use permit for a commercial solar energy facility must be made in writing on a form approved by the director and must be accompanied by the required fee, in an amount established by the board of supervisors in the department's fee schedule.

(Ord. No. 2020-07 § II, 2-25-20)

The department may perform a compliance review at any time to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. A permittee shall cooperate with the department to complete the compliance review and must pay all applicable compliance review fees.

(Ord. No. 2020-07 § II, 2-25-20)

Nothing in this chapter, and no permit or permission granted under this chapter, waives any requirement of Title 7, including the requirement to obtain all applicable building permits for construction of a commercial solar energy facility.

(Ord. No. 2020-07 § II, 2-25-20)

Article 88-30.6 - Standards

A commercial solar energy facility may be established on any lot in a general commercial (C), light industrial (L-I), or heavy industrial (H-I) district, or in a planned unit (P-1) district with an underlying general plan land use designation of commercial or industrial, or in a solar energy generation (-SG) combining district. ;hn0; (Ord. No. 2020-07 § II, 2-25-20)

The front yard, side yard, and rear yard setback requirements for a commercial solar energy facility are those applicable in the underlying zoning district.

(Ord. No. 2020-07 § II, 2-25-20)

(a)

A ground-mounted commercial solar energy facility may not exceed twenty-five feet in height. For a ground-mounted facility, height is measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure.

(b)

A roof-mounted commercial solar energy facility may not exceed four feet above the roof surface.

(Ord. No. 2020-07 § II, 2-25-20)

A commercial solar energy facility that is visible from any public right-of-way or other public space must be designed and installed to minimize visual and aesthetic impacts to the greatest extent feasible.

(Ord. No. 2020-07 § II, 2-25-20)

A commercial solar energy facility may not include any type of lighted signal, lights, or other illumination, except as necessary for the operation of the facility. ;hn0; (Ord. No. 2020-07 § II, 2-25-20)

A commercial solar energy facility may not be located above a septic system or leach field unless approved by the Environmental Health Division of the County Department of Health Services.

(Ord. No. 2020-07 § II, 2-25-20)

A commercial solar energy facility may not be located within seventy-five feet of any creek or within fifty feet of any other aquatic habitat unless a land use permit is issued and the zoning administrator determines: that there will be no impact to the aquatic habitat; or that mitigation measures are available to minimize or offset any impacts to the aquatic habitat and the zoning administrator requires the mitigation measures as a condition of permit approval.

(Ord. No. 2020-07 § II, 2-25-20)

If a commercial solar energy facility is located in an -SG combining district, the following site restoration requirements apply.

(a)

A site restoration plan must be approved by the zoning administrator before a land use permit is issued. The restoration plan must do all of the following:

(1)

Identify the specific properties to which the plan applies.

(2)

Indicate that all commercial solar energy facilities, buildings, structures, and foundation will be removed to three feet below finished grade.

(3)

Detail all regrading and revegetation necessary to return the subject property to the condition existing before the commercial solar energy facility was established or expanded. The plan must accurately show all topography, vegetation, drainage, and unique environmental features of the site.

(4)

Provide an estimate of total restoration costs, including materials and labor.

(5)

Include a statement that the operator, applicant, and permittee guarantee and accept responsibility for all restoration work for a period of two years after completion of restoration.

(b)

A cash deposit or surety bond must be deposited with the department to ensure the completion of the restoration work described in an approved plan. The zoning administrator will determine the amount of security before a land use permit is issued. The amount of security will include all material and labor costs, adjusted for inflation to reflect anticipated total costs at the time of restoration.

(Ord. No. 2020-07 § II, 2-25-20)

Article 88-30.8 - Accessory Solar Energy Facilities

An accessory solar energy facility may be established in any zoning district in accordance with Chapter 718-12. The permitting and standards provisions of this chapter do not apply to accessory solar energy facilities.

(Ord. No. 2020-07 § II, 2-25-20)

Chapter 88-32 - SHORT-TERM RENTALS Article 88-32.2 - General

This chapter is known as the Short-term Rental Ordinance of Contra Costa County.

(Ord. 2020-12 § II, 6-2-20)

The purposes of this chapter are to regulate the renting of residential dwelling units for periods of thirty consecutive days or less; to establish a procedure for reviewing and approving short-term rental permit

applications; and to establish location, parking, occupancy, and other standards for short-term rentals to limit the impact on neighbors.

(Ord. 2020-12 § II, 6-2-20)

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Accessory dwelling unit" has the same meaning as in Section 82-24.004.

(b)

"Host" means a person who occupies as their primary residence a residential dwelling unit located on the same lot as a short-term rental.

(c)

"Hosted" means that a host has a physical presence at the host's primary residence located on the same lot as a short-term rental during the entire period that the short-term rental isrented.

(d)

"Non-hosted" means that a host is absent from the host's primary residence located on the same lot as a short-term rental during some or all of the period that the short-term renal isrented.

(e)

"Primary residence" means a residential dwelling unit that a person physically occupies and lives in on a day-to-day basis. A person can only have one primary residence.

(f)

"Residential dwelling unit" means a building, or a portion thereof, designed for residential occupation by one persons or a group of two or more persons living together as a domestic unit.

(g)

"Responsible party" means a person that is designated by the applicant as a point of contact for the shortterm rental.

(h)

"Short-term rental" means a residential dwelling unit, or a portion of a residential dwelling unit, that is rented, or offered for rent, for compensation or consideration, for a period of thirty consecutive days or less.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 2020-12 § II, 6-2-20)

Article 88-32.4 - Permits

No person shall establish or operate a short-term rental in the unincorporated area of the county without first obtaining a permit as provided in this chapter.

(Ord. 2020-12 § II, 6-2-20)

(a)

A short-term rental may be operated on any lot in a single-family residential district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), planned unit district (P-1) for residential uses, water recreational district (F-1), or a multiple-family residential district (M-6, M-9, M-12, M-17, and M-29).

(b)

A short-term rental may be operated on any lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A- 80), except that a short-term rental may not be operated on a lot under a Williamson Act contract.

(Ord. 2020-12 § II, 6-2-20)

88-32.406 - Application.

(a)

An owner, lessee, or holder of a similar interest in a residential dwelling unit may apply for a short-term rental permit by filing an application with the department. The application must be on a form approved by the director and contain all of the following information.

(1)

The name(s), address(es), and contact information of the applicant(s) and property owner(s).

(2)

The name(s), address(es), contact information, and primary residence documentation of the host(s) if the short-term rental will be hosted for any period. The host's primary residence must be documented by at least two of the following: motor vehicle registration, driver's license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill.

(3)

The address and assessor's parcel number for the lot.

(4)

A legible site plan of the lot, showing:

(A)

All structures located on the lot and indicating the residential dwelling unit proposed for short-term rental; and

(B)

The location of the parking spaces required by this chapter.

(5)

A legible floor plan of the residential dwelling unit proposed for short-term rental.

(6)

The property owner's consent to the short-term rental of the residential dwelling unit.

(7)

A statement that the short-term rental of the residential dwelling unit is not prohibited by a restrictive covenant.

(8)

The name and contact information of the responsible party associated with the short-term rental. The responsible party must be eighteen years of age or older, reside within a thirty-mile radius of the short-term rental, and be available by telephone for the duration of any rental period to respond to complaints regarding activity at the short-term rental.

(9)

The applicant's agreement to indemnify, defend, and hold harmless the county, its boards, commissions, officers, employees, and agents from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages arising from or related to the applicant's application for a short-term rental permit, the county's approval of the permit, and the operation of the short-term rental.

(Ord. 2020-12 § II, 6-2-20)

(a)

Except as otherwise provided in this section, an application for a permit to establish and operate a shortterm rental that meets the short-term rental regulations specified in Section 88-32.602 will be approved ministerially without discretionary review or public hearing unless any of the following grounds for denial exist.

(1)

The application is incomplete.

(2)

The applicant has made a false statement or omitted a material fact from the application.

(3)

The applicant has not paid all required fees in accordance with the fee schedule adopted by the board of supervisors.

(4)

The applicant is delinquent in payment of county taxes.

(5)

Another short-term rental permit associated with the residential dwelling unit, the applicant, or the owner had been revoked within twenty-four months of the date of application.

(6)

The short-term rental does not meet the location requirements specified in Section 88-32.404.

(7)

The residential dwelling unit proposed for short-term rental is a deed-restricted below-market-rate residential unit.

(8)

The residential dwelling unit proposed for short-term rental violates any provision of this code, including, but not limited to, the building standards in Title 7.

(b)

An application for a permit to establish and operate a short-term rental that does not meet one or more of the short-term rental regulations specified in Section 88-32.602 will be considered under the administrative decision procedure specified in Article 26-2.21. A discretionary short-term rental permit will be approved if:

(1)

None of the grounds for denial under Section 88-32.408(a) exist; and

(2)

The zoning administrator makes the findings specified in Section 26-2.2008.

(Ord. 2020-12 § II, 6-2-20)

(a)

Ministerial short-term rental permit.

(1)

A ministerial short-term rental permit will expire one year from the date the permit was approved, unless it is revoked sooner.

(2)

An application for renewal must be filed with the department at least thirty calendar days before the permit expires. If any of the documentation or information supplied by the applicant pursuant to Section 88-32.406 has changed since the permit was approved, the applicant must submit updated information and documentation with the application for renewal.

(3)

An application to renew a ministerial short-term rental permit will be approved ministerially unless any of the following grounds for denial exist.

(A)

Any of the grounds for denial under Section 88-32.408(a) exist.

(B)

The application is filed less than thirty days before the permit expires.

(C)

The applicant is delinquent in payment of county taxes.

(D)

The permit is revoked or is the subject of a revocation proceeding at the time of application.

(b)

Discretionary short-term rental permit.

(1)

A discretionary short-term rental permit will expire on the date specified in the permit, unless it is revoked sooner. No short-term rental permit will be issued for a term longer than five years.

(2)

An application to renew a discretionary short-term rental permit will be considered in the same manner as a new application under Section 88-32.408(b).

(Ord. 2020-12 § II, 6-2-20)

After a short-term rental permit is issued, the department will notify all owners of property within three hundred feet of the short-term rental that a permit was issued. The notice will be in writing and contain the location of the short-term rental, contact information for the responsible party associated with the permit, contact information for county code enforcement, and a website address where the short-term rental ordinance is listed.

(Ord. 2020-12 § II, 6-2-20)

A short-term rental permit may not be transferred.

(Ord. 2020-12 § II, 6-2-20)

Fees for short-term rental permits will be in amounts established by the board of supervisors in the department's fee schedule. A short-term rental permit will not be approved until the applicant has paid the applicable permit fee.

(Ord. 2020-12 § II, 6-2-20)

Article 88-32.6 - Requirements

88-32.602 - Short-term rental regulations.

A permittee shall comply with all of the following regulations while operating a short-term rental, unless a discretionary short-term rental permit specifies otherwise.

(a)

No more than one short-term rental may be operated on any lot.

(b)

A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as a short-term rental.

(c)

A non-hosted short-term rental may not be rented for more than ninety days in a calendar year. A hosted short-term rental may not be rented for more than one hundred eighty days in a calendar year. The maximum number of days a short-term rental may be rented in a calendar year is one hundred eighty days.

(d)

The overnight guest occupancy of a short-term rental may not exceed two persons per bedroom, plus two additional persons. Children under the age of twelve are not counted towards the total number of guests.

(e)

A short-term rental with three or fewer bedrooms for rent must include at least one off-street parking space available for use by guests. A short-term rental with four or more bedrooms for rent must include at least two off-street parking spaces available for use by guests. The required off-street parking spaces must be located on the same lot as the short-term rental, but may be located within the lot's setback area. The maximum number of guest vehicles permitted at a short-term rental is equal to the number of off-street parking spaces available for use by guests.

(Ord. 2020-12 § II, 6-2-20)

The following standards apply to the use of short-term rentals.

(a)

Excessive traffic to and from the short-term rental that significantly impairs the quiet enjoyment of neighboring properties is prohibited.

(b)

Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. The amplification of sound by any device outside the short-term rental is prohibited. Quiet hours during which noise must be restricted to the interior of the short-term rental shall be between 10:00 p.m. and 7:00 a.m. the following morning.

(c)

The obstruction of any public right-of-way, road, street, highway, or private road is prohibited.

(d)

The overnight guest occupancy of a short-term rental may not exceed that approved by the permit. No more than twenty persons, including children, may gather at a short-term rental at any time.

(Ord. 2020-12 § II, 6-2-20)

An accessory dwelling unit may not be operated as a short-term rental.

(Ord. 2020-12 § II, 6-2-20)

No event, including a conference, wedding, fundraiser, or similar gathering, or any commercial event, may be held at a short-term rental. ;hn0; (Ord. 2020-12 § II, 6-2-20)

No sign or writing visible from the exterior of the short-term rental indicating that the dwelling unit is available for rent may be posted anywhere on the lot where the short-term rental is located.

(Ord. 2020-12 § II, 6-2-20)

(a)

A permittee shall post copies of the short-term rental permit, business license, and all applicable regulations and standards in a conspicuous place in each room in which a guest is expected to sleep.

(b)

In any advertisement for a short-term rental, the permittee shall specify the short-term rental permit number, business license number, maximum occupancy, maximum number of vehicles allowed, and the applicable quiet hours at the short-term rental. For the purposes of this subsection, "advertisement" means any method used to solicit interest in the short-term rental, including, but not limited to, internet-based listing or hosting services.

(Ord. 2020-12 § II, 6-2-20)

A permittee shall obtain a valid business license issued pursuant to Chapter 64-14 of this code before renting or offering to rent a short-term rental.

(Ord. 2020-12 § II, 6-2-20)

A permittee shall obtain a valid transient occupancy registration certificate issued pursuant to Chapter 64-4 of this code before renting or offering to rent a short-term rental.

(Ord. 2020-12 § II, 6-2-20)

(a)

A permittee shall keep written rental records that document the following information:

(1)

All dates on which the permittee rented the short-term rental to one or more guests;

(2)

The overnight guest occupancy on each date; and

(3)

The rent paid to permittee for each night of lodging.

(b)

A permittee shall maintain the required rental records for at least three years.

(c)

A permittee shall provide a copy of the required rental records to the department with any application to renew the short-term rental permit.

(d)

A permittee operating a short-term rental under a discretionary short-term rental permit shall provide a copy of the required rental records to the department annually. The records must be provided to the department on each anniversary of the discretionary short-term rental permit approval date.

(Ord. 2020-12 § II, 6-2-20)

Article 88-32.8 - Enforcement

88-32.802 - All remedies.

The county may seek compliance with this chapter by any remedy allowed under this code, including, but not limited to, revocation, administrative fines, infraction citations, and any other remedy allowed by law.

(Ord. 2020-12 § II, 6-2-20)

Chapter 88-34 - INDUSTRIAL HEMP CULTIVATION Article 88-34.2 - General

88-34.202 - Purpose.

The purpose of this chapter is to regulate industrial hemp cultivation by requiring all persons engaged in industrial hemp cultivation to obtain a land use permit from the department of conservation and development. The requirements of this chapter are in addition to all other applicable requirements of this code and all applicable state and federal laws and regulations.

(Ord. 2021-21 § II, 7-27-21)

88-34.204 - Definitions.

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Cultivation" means any activity involving the propagation, planting, growing, breeding, harvesting, drying, curing, grading, trimming, or other development of industrial hemp plants or propagative plant material, and includes cultivation for research purposes.

(b)

"Cultivation area" means the area on a lot where industrial hemp is propagated, planted, grown, bred, harvested, dried, cured, graded, trimmed, or developed.

(c)

"Department" means the Contra Costa County Department of Conservation and Development.

(d)

"Greenhouse" means a structure that is used for the indoor propagation of plants; has permanent structural elements, such as footings or foundations; is constructed with a translucent roof or walls; and is served by utilities such as electrical, natural gas, or plumbing. The term "greenhouse" includes structures commonly known as "hothouses."

(e)

"Hoop structure" means a structure consisting of a lightweight metal, plastic, or wooden frame, or a series of hoops, that is covered by an impermeable, removable layer of plastic or polyethylene film used to protect plants grown in the soil or in containers upon the soil. A hoop structure has no permanent structural elements, such as footings, foundations, plumbing, or electrical wiring. The term "hoop structure" includes structures commonly known as "berry hoops" or "hoop houses."

(f)

"Indoor cultivation" means the cultivation of industrial hemp within a permanent building using exclusively artificial light or within a greenhouse. "Indoor cultivation" does not include cultivation of industrial hemp within a hoop structure.

(g)

"Industrial hemp" or "hemp" has the meaning set forth in Food and Agricultural Code Section 81000.

(h)

"Outdoor cultivation" means any cultivation of industrial hemp that is not indoor cultivation. "Outdoor cultivation" includes the cultivation of industrial hemp within a hoop structure.

(Ord. 2021-21 § II, 7-27-21)

Article 88-34.4 - Permits

No person may cultivate industrial hemp in the unincorporated area of the county without first obtaining a land use permit as provided in this chapter.

(Ord. 2021-21 § II, 7-27-21)

88-34.404 - Permit term.

(a)

A permit issued under this chapter has an initial term of five years.

(b)

A permit may be renewed following the initial five-year term, as set forth in Section 88-34.412. The term of a renewed permit lasts until the permit is revoked pursuant to Section 88-34.606.

(Ord. 2021-21 § II, 7-27-21)

An application for a permit authorizing industrial hemp cultivation must be on a form approved by the director and contain all of the following information:

(a)

Proof of ownership of the property where the cultivation will be located. If the applicant is not the owner of the property where the cultivation will be located, the applicant must provide a notarized, written authorization from each owner of the property that is the subject of the application consenting to the application and the proposed industrial hemp cultivation on the subject property.

(b)

The address and assessor's parcel number of the property where the cultivation will be located.

(c)

A site plan identifying the location, dimensions, and boundaries of all proposed cultivation areas, taking into account space needed for ongoing care of plants, and a description of the proposed method of physically delineating those boundaries at the site.

(d)

An operating plan that includes all of the following information:

(1)

An odor control plan that describes how the applicant will manage odors to minimize impacts to neighboring parcels.

(2)

A security plan that establishes how the site proposed for cultivation will be secured to prevent theft and trespass.

(3)

Details regarding how industrial hemp will be received, stored, handled, cultivated, harvested, transported, and secured to prevent theft and trespass.

(Ord. 2021-21 § II, 7-27-21)

(a)

County agricultural commissioner permit required.

(1)

Industrial hemp may not be cultivated under a permit issued under this chapter unless and until the permittee possesses a valid permit issued by the county agricultural commissioner pursuant to Chapter 512-4.

(2)

Before cultivation, a permittee shall provide the department a copy of the permit issued by the county agricultural commissioner. A permittee shall provide the department a copy of each renewed agricultural commissioner permit within thirty days after that permit is renewed.

(3)

All requirements of a permit issued under Chapter 512-4, including requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction, are incorporated as requirements of a permit issued under this chapter.

(b)

Location requirements.

(1)

Industrial hemp may be cultivated on any lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80) located within the boundaries of any of the following:

(A)

The East Contra Costa Irrigation District.

(B)

The Byron-Bethany Irrigation District.

(C)

The East Contra Costa County Groundwater Subbasin.

(2)

Notwithstanding anything to the contrary in this chapter or elsewhere in this code, industrial hemp may not be cultivated outdoors at any property within the urban limit line established pursuant to Chapter 82-1 of this code or within one mile beyond the urban limit line.

(c)

Minimum lot size for outdoor cultivation. The minimum lot size on which to cultivate industrial hemp outdoors is five acres. Lots that are adjacent and under common ownership or control, with an aggregate size of five acres or larger, satisfy the acreage requirement of this subsection.

(d)

Setback requirements.

(1)

For indoor cultivation, a structure in which industrial hemp is cultivated must comply with all requirements relating to yards (front setbacks, side, and rear) that generally apply to structures in the zoning district in which the property is located.

(2)

For outdoor cultivation, the cultivation area is subject to the following setback requirements:

(A)

Except as provided in subsection (B), the cultivation area shall be set back a minimum of twenty-five (25) feet from any boundary line, except that no setback is required from a boundary line that abuts a property that is owned, managed, or otherwise under the control of the permittee.

(B)

The cultivation area shall be set back a minimum of two hundred fifty (250) feet from any boundary line that abuts a residential land use district.

(e)

Generators. Use of onsite generators is prohibited, except as a source of energy in an emergency.

(f)

Lighting. All industrial hemp cultivation lighting shall be fully shielded, downward casting, and not spill over onto structures, other properties, or the night sky. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(g)

Odor. If indoor cultivation occurs on a property that is within the urban limit line established pursuant to Chapter 82-1 of this code or within one mile beyond the urban limit line, then the indoor cultivation shall be conducted in a manner that prevents odors from being detected offsite.

(h)

Compliance review. The Department may perform a compliance review at any time during the term of a permit to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. A permittee shall cooperate with the Department to complete the compliance review and must pay all applicable compliance review fees.

(i)

CEQA Compliance. The issuance of a permit under this chapter is a discretionary activity that is subject to environmental review under the California Environmental Quality Act (CEQA). A permit will not be issued under this chapter unless and until the county has completed all applicable CEQA environmental review. An applicant shall pay all costs that the county incurs to satisfy the requirements of CEQA. A permit issued under this chapter shall include appropriate measures to mitigate the impacts of industrial hemp cultivation, as determined by the county during CEQA environmental review.

(j)

Indemnity. As a condition of issuance of a permit under this chapter, an applicant shall be required to enter into an indemnification agreement with the county that requires the applicant to indemnify, defend (with counsel reasonably acceptable to the county), and hold harmless the county, its boards, commissions, officers, employees, and agents from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages arising from or related to the applicant's application for a land use permit, the county's discretionary approvals for the land use permit, the county's actions pursuant to CEQA and planning and zoning laws, and the cultivation of industrial hemp, regardless of when those liabilities accrue.

(k)

Notifications. A permittee shall provide written notice to the department within five days after receiving any of the following from the secretary of food and agriculture or the county agricultural commissioner: a notice of violation, a corrective action plan, a determination that the permittee is ineligible to participate in the state's industrial hemp program, or any other writing informing the permittee of any disciplinary action proposed to be taken or actually taken against the permittee.

(Ord. 2021-21 § II, 7-27-21)

88-34.410 - Permit conditions and issuance.

(a)

The county may include, in a permit issued under this chapter, reasonable conditions of approval related to the impacts of the industrial hemp cultivation.

(b)

All of the findings in Section 26-2.2008 and all of the following findings must be made before a permit is issued under this chapter:

(1)

The application for industrial hemp cultivation has been reviewed pursuant to all appropriate environmental laws and regulations, including the California Environmental Quality Act (CEQA).

(2)

All mitigation measures identified by the county during CEQA environmental review are included as permit terms.

(3)

A finding that the permit includes conditions to avoid adverse impacts to surrounding communities, neighborhoods, and neighboring parcels.

(4)

The applicant has entered into an indemnity agreement that meets the requirements of Section 8834.408(i).

(5)

The applicant has paid all applicable fees and costs charged by the county and made all deposits required by the county, including, but not limited to, the application fee, all fees and costs required to complete CEQA environmental review, and all compliance review fees and deposits. The permit will require payment of all fees for compliance reviews and inspections of the operation.

(Ord. 2021-21 § II, 7-27-21)

(a)

Eligibility for renewal. A permit issued under this chapter may be renewed following an initial five-year term only if all of the following requirements are met as of the date the renewal application is made:

(1)

The permittee is in compliance with all of the terms of the permit being renewed, and there are no grounds to suspend or revoke the permit under this chapter or under Article 26-2.20.

(2)

Industrial hemp cultivation is authorized by this code as of the date the renewal request is made.

(b)

Timing of application. A permit renewal application must be submitted to the department at least one hundred eighty days before the permit's current term expires.

(c)

Required submittals. A permit renewal application must be made on forms provided by the department. A permit renewal application must be submitted with all of the following:

(1)

A copy of the permit being renewed.

(2)

A copy of the current or most-recent agricultural commissioner permit for the industrial hemp cultivation that is authorized under the permit being renewed.

(3)

A copy of the original permit application.

(4)

Any change to the information provided to the department in the original permit application or in subsequent submittals.

(5)

A copy of any environmental document that was certified or adopted for the permit.

(d)

Approval of renewal application.

(1)

A permit renewal application will be considered under the administrative procedure specified in Article 262.21.

(2)

A permit renewal application will be approved by the zoning administrator if the zoning administrator determines all of the following:

(A)

The permit renewal request and all required submittals were timely received.

(B)

The permit is eligible for renewal under this section.

(C)

The applicant has paid all applicable fees required by the county, and has made all deposits required by the county, including, but not limited to, a renewal application fee and a condition compliance fee deposit.

(Ord. 2021-21 § II, 7-27-21)

Article 88-34.6 - Enforcement

The county may enforce this chapter by any remedy allowed under this code and any other remedy allowed by law.

(Ord. 2021-21 § II, 7-27-21)

A permit issued under this chapter may be modified, suspended, or revoked in the same manner as other conditional use permits under Article 26-2.20. ;hn0; (Ord. 2021-21 § II, 7-27-21)

In addition to the grounds for permit suspension or revocation set forth in Article 26-2.20, a permit issued under this chapter may be suspended or revoked on any of the following grounds:

(a)

A permittee has not complied with one or more of the conditions of the permit issued under this chapter.

(b)

A permit was issued under this chapter based on any false material information, written or oral, given by the permittee.

(c)

A permittee has not complied with the requirements of this chapter, any other applicable requirements of this code, or any requirements of state or federal laws or regulations.

(d)

A permittee's permit issued by the agricultural commissioner under Chapter 512-4 has been suspended or revoked.

(e)

A permittee has not been issued a permit by the agricultural commissioner under Chapter 512-4 in the preceding five-year period.

(f)

A permittee is ineligible to participate in the state's industrial hemp program pursuant to Division 24 of the Food and Agricultural Code.

(g)

A permittee fails to pay any fee, or make any deposit, required by the county as a condition of permit issuance, including, but not limited to, all condition compliance fees and deposits required by the county.

(Ord. 2021-21 § II, 7-27-21)