El Dorado County Municipal Code § 130.40.180 Mixed Use Development

This Chapter contains regulations applicable to certain specified uses that may be allowed, either by right or by discretionary permit, in a number of different zones. This Chapter provides appropriate standards for the design, location, and operation of the specific uses consistent with the General Plan.

The provisions contained in this Chapter shall apply to all land in the unincorporated part of El Dorado County regardless of zone, unless otherwise specified in this Chapter.

A. Accessory Uses and Their Determination. In addition to the principal use or uses expressly established for the zone, as specified in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) inclusive, in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title each use shall include such accessory uses which are customarily associated with the principal use(s). For those uses not specifically identified in the use matrices for the zones, the Director shall determine whether such use is customarily associated with the principal use of the zone.

B. Exemption. Agricultural buildings, small sheds or other storage structures that do not require a building permit for installation under Title 110 (Buildings and Construction), Section 110.16.060 (International Building Code, Appendix Chapter 1, Section 105.2-Work exempt from permit) pursuant to applicable building code provisions shall be exempt from the provisions of this Title, but shall remain subject to the setback requirements of the zone.

C. Relationship of Accessory Use or Structure to Primary Use.

1. Accessory uses and structures shall be consistent with the primary use.

2. For purposes of this Section, barns, stables, and other structures used to store crops and feed, shelter livestock, or house agriculturally-related machinery shall be allowed as a primary use, subject to the development standards for the zone (See

———— *Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

Chapter 130.21: Agricultural, Rural, and Resources Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. When allowed in the residential zones, R1, R20K, R1A and R2A said structures shall be accessory to an existing primary residence, except where the existing parcel is larger than ten acres. In R3A and RE zones, said structures shall be allowed as a primary use.

3. Accessory uses and structures shall be established or constructed at the same time or after the establishment or construction of the primary use or structure on a lot, except where earlier establishment or construction is authorized by Administrative Permit.

4. Where building permits are issued concurrently for the primary and accessory structures, the permit for the accessory structure may be approved for final occupancy prior to completing the primary structure.

D. Residential Accessory Structures Uses. In addition to the primary dwelling, the following residential accessory structures and uses that are customarily associated with the primary structure shall be allowed in compliance with specific regulations under this Chapter, development standards of the respective zone, and Article 3 (Site Planning and Project Design Standards) of this Title:

1. Garages, carports, and storage sheds.

2. Swimming pools and spas.

3. Shade structures, arbors, trellises, and gazebos.

4. Decks and other outdoor residential amenities such as outdoor kitchens and free standing fireplaces with chimneys.

5. Barns, stables, and other animal shelters, where the keeping of animals is allowed in the zone.

6. Accessory structures providing habitable space subject to the following:

a. A structure no greater than 600 square feet that is designated a guest house as defined in Article 8 (Glossary: see "Guest House") of this Title, shall be subject to the requirements of Section 130.40.150 (Guest House) in this Chapter.

b. A structure that is an accessory dwelling unit as defined in Article 8 (Glossary: see "Accessory Dwelling Unit") of this Title, shall be subject to the requirements of Section 130.40.300 (Accessory Dwelling Units) in this Chapter.

c. A structure to be used by the property owner as a pool house, workshop, artist studio, as defined in Article 8 (Glossary) of this Title, or other similar use, may contain a full bathroom along with the changing room or work area, but shall not contain kitchen and/or cooking facilities nor be utilized for housing residents or guests.

7. Alternative energy systems, such as solar or wind energy collection systems, subject to the requirements of Sections 130.40.310 (Solar Collection Systems) and 130.40.390 (Wind Energy Conversion Systems) in this Chapter.

8. Activities typically associated with residential uses are allowed on all parcels occupied by a residential use. Examples of such residential accessory uses include vehicle parking, gardens, vehicle and boat storage, the keeping of domestic pets (as defined in Title 6 [Animals]) of the County Code of Ordinances, composting of household organic and yard waste, and other similar activities.

(Ord. No. 5152, § 9, 11-16-2021)

A. Content. This Section regulates the time, location, and manner of operating adult (sex oriented) business establishments in compliance with California Government Code Section 65850.4, in order to protect the public health, safety, and welfare. This Section is establishes reasonable and uniform regulations to prevent any deleterious location and concentration of adult business establishments within the County, thereby reducing or eliminating the adverse secondary effects experienced by other cities and counties, such as crime, blight, and downgrading of the surrounding commercial districts and residential neighborhoods. Location of said establishments along U.S. Highway 50 will be regulated in order to preserve the commercial, residential, and scenic character of not only its main transportation corridor, but what is considered to be the "gateway" to the County.

B. Applicability. The regulations and standards within this Section shall apply to adult business establishments, as defined in Article 8 (Glossary: See "Adult Business Establishment") of this Title, where allowed in the use matrices for the zones, under the following forms:

1. New Business. The opening or commencement of operation of a business as a new business.

2. Conversion of an Existing Business. The conversion of an existing business, whether an adult business or not, to an adult business establishment.

3. Enlargement of Existing Business. The addition of an adult business to an existing adult business if the addition results in enlargement of the place of business. For the purpose of this Subsection (Applicability), enlargement shall mean an increase in the size of the structure within which the business is conducted by either construction or use of an adjacent structure or a portion of a structure, whether located on the same or an adjacent lot.

C. Prior to Administrative Permit approval, a potential adult business owner shall provide a vicinity map demonstrating that the adult business is not being established or located within 300 feet of U.S. Highway 50 and within 1,000 feet of the following existing uses:

1. Any zone that allows residential uses by right;

2. Any house of worship or any noncommercial establishment operated by a bona fide religious organization;

3. Any public library, public building, or other public facility;

4. Any public, private, or parochial school, pre-school, child day care center, park, or playground, or any establishment or facility likely to be used by minors; and

5. Any other adult business.

D. For the purposes of this Section, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the structure in which the adult business will be located to the nearest property line of a use or zone described in Subsection C above.

E. No adult business establishment shall be open nor shall any activity described in this Section be conducted or carried on in the business premises between the hours of 10:00 p.m. and 10:00 a.m. of any day.

F. Signs or structures, advertisements, displays, or other promotional material depicting "specified anatomical areas" or "specified sexual activities", as defined under Title 5 (Business Taxes, Licenses and Regulations), Subsection 5.34.020 (Definitions) See: "Adult-related Establishments) of the County Code of Ordinances, or displaying instruments, devices or paraphernalia designed for use in connection with "specific sexual activities", shall not be exhibited or shown in a way that is visible from an exterior area.

G. Structure openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from an exterior area.

H. Loudspeakers or sound equipment audible to persons in a public area shall not be used in connection with an adult business, and the business shall be conducted so that sounds associated with the business are not emitted beyond the exterior walls of the structure in which the use is occurring.

I. Dumpsters used by an adult business establishment shall be locked when not in use to prevent access thereto by the public.

A. For purposes of this Section:

1. "Agricultural property" means land zoned as Planned Agriculture (PA), Limited Agriculture (LA), Agricultural Grazing (AG), Forest Resource (FR), or Timber Production (TPZ) or land with a commercial winery within the meaning of Section 130.40.400 (Wineries).

2. "Eligible transaction" means a sale, exchange, installment land sale contract (as defined in Civil Code Section 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements.

B. Under the authority of Civil Code Section 1102.6a, before any transfer of agricultural property in an eligible transaction the transferor shall provide the following disclosure: "Agricultural production is the primary use or function, or if this real property is a commercial winery the primary purpose of the winery shall be to process fruit grown on the winery lot or on other local agricultural lands, of the real property subject to this transaction. The real property may be eligible for limited related activities such as bake shops, food stands, dining facilities, marketing events, special events as set out in the Winery Ordinance (El Dorado County Ordinance Code Section 130.40.400) and the Ranch Marketing Ordinance (El Dorado County Ordinance Code Chapter 130.44). If you have questions on what type of activities this property may be eligible for, and what process or permits are required, you are encouraged to contact the County Agricultural Department of the County Department of Planning and Building." This disclosure shall be provided on a form substantially similar to that provided in Civil Code Section 1102.6a. The transferor shall ensure that the transferee signs the disclosure before completing the transfer. This disclosure may be consolidated on one form with any disclosure required by the Right to Farm Ordinance (Section 130.40.290).

(Ord. No. 5218, § 1, 12-10-2024)

A. Content. This Section implements the provisions of the Land Conservation Act of 1965 (Williamson Act) and the farmland security zone legislation (California Government Code Chapters 51200 et seq. and 51296 to 7, respectively) and provides criteria for zoning and protecting the existing agricultural resources of the County.

B. Criteria for Establishment of Agricultural Preserves. In order to establish a new Agricultural Preserve, hereinafter referred to as "Preserve", a property owner must enter into a Williamson Act Contract with the County subject to the provisions and criteria set forth in California Government Code Chapter 51200 et seq. and Resolutions adopted by the Board establishing Williamson Act criteria, as amended from time to time, and the following:

1. Zone Change. The property shall be zoned to Planned Agricultural (PA), Limited Agricultural (LA), or Agricultural Grazing (AG) with the approval and establishment of a Preserve, subject to the specific provisions of Subsection 130.21.010 (Zones Established; Applicability), Subsections C.1 (Planned Agricultural (PA), C.2 (Limited Agricultural (LA) and C.3 (Agricultural Grazing) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

2. Term. The initial term of a contract is ten years, calculated from January 1 of the same year it is approved in. On each anniversary date of a contract, a year shall be automatically added to the initial term unless written Notice of Non-Renewal is given as provided in Subsection D (Non-Renewal of Williamson Act Contracts/Agricultural Preserves) below in this Section. If the property owner or the County serves written Notice of Non-Renewal in any year, the contract shall remain in effect for the balance of the unexpired term.

C. Preserve Standards.

1. Minimum Acreage. The minimum acreage of a Preserve shall be:

a. 20 acres for high intensive farming operations or 50 acres for low intensive farming operations, consisting of a single lot or contiguous lots; or

b. At least ten acres but less than 20 acres upon a positive recommendation from the Ag Commission and approval by the Board if the property meets all land suitability requirements for agricultural potential, and the lot was or contiguous lots were in existence as of March 23, 1993.

2. Use and Structures. The use of the property shall be limited during the term of the contract to agricultural and compatible uses. Structures may be erected and/or enlarged on the property if they are directly related to and compatible with uses allowed in Table 130.21.020 (Agricultural, Rural Lands and Resource Zone Districts Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. Non-compatible uses permitted in the Zone District may be permitted by CUP and require a recommendation from the Ag Commission.

3. Residential Development. In addition to a primary dwelling, one accessory dwelling unit shall be allowed within a Preserve.

a. It complies with all other zone setbacks and development standards, including agricultural buffer setbacks, if applicable;

b. It is consistent with the terms of the applicable Agricultural Preserve Contract; and is incidental to the agricultural use of the land;

c. It is consistent with the principles of compatibility in compliance with California Government Code Section 51238.1(a), as determined by the Ag Commission.

D. Non-Renewal of Williamson Act Contracts/Agricultural Preserves. In compliance with California Government Code Section 51245, a Notice of Non-Renewal shall be processed according to the following procedures:

1. A written Notice of Non-Renewal (Notice) shall be submitted by the property owner and a copy provided to the Board at least 90 days prior to the contract renewal date, which would be by October 1 for the upcoming year.

2. A Notice of Non-Renewal, initiated by the County, shall be submitted to the property owner at least 60 days prior to the annual contract renewal date.

3. Upon receiving a Notice, the Clerk of the Board shall forward such Notice to the Department, the Assessor, and the Ag Commission for a report.

4. The Department shall submit a written report to the Ag Commission indicating whether the Notice is for a partition, a roll out, or a partial roll out, and other relative information regarding the agricultural preserve, with a copy to the Board.

5. When the Notice is for a partition or partial roll out, the remaining parcels under contract will be required to meet the minimum Williamson Act Contract criteria specified by the County. The Ag Commission shall be required to make a recommendation, to the Board, on the viability of the remaining parcels within the Williamson Act Contract (WAC). If the remaining parcels meet the minimum criteria for a WAC, the existing contract shall be amended to reflect the changes to the parcel descriptions or boundary lines.

6. When the Notice concerns a complete Non-Renewal (total roll out of a contract), the Ag Commission may submit a report to the Board giving an evaluation of the potential impacts resulting from the Notice.

7. The Board shall receive and file the Notice and direct the County Assessor to begin the roll-out procedure, or when partial roll-out has been requested and it has been determined by the Board that the remaining portion of the agricultural preserve no longer meets the minimum criteria to qualify as an agricultural preserve, direct the Clerk of the Board to file a Notice of Non-Renewal for the entire contract.

E. Breach of Contract. The County shall file a Notice of Non-Renewal (Notice) when the Board finds that a breach of contract has occurred, when the property no longer meets minimum criteria as a Preserve, or when the remaining property in a partial roll out no longer qualifies as a Preserve under the Williamson Act.

1. Prior to the Board's decision, the Ag Commission shall hold a hearing to determine if the terms of the contract have been violated. The Ag Commission may provide an opportunity for the operator to bring the agricultural operation into compliance or may recommend to the Board that the Notice be filed.

2. A hearing to determine compliance with the terms of the contract shall be held by the Board prior to filing the Notice. The property owner shall be provided written notice of all hearings.

3. Upon the Board's decision not to renew the contract, the County shall serve a written Notice upon the property owner at least 60 days prior to the contract renewal date, which would be by November 1 for the upcoming year.

4. In the case where certain structure(s) are placed within an agricultural preserve that qualify as a material breach of contract under State law, additional remedies may be applied, including the payment of penalties, in compliance with the requirements under said California Government Code Section 51250, as amended from time to time.

F. Immediate Cancellation. The property owner may file an application for an immediate cancellation of a Williamson Act Contract, concurrent with a zone change and General Plan amendment, if applicable, at any time during the contract period. As part of the application, the property owner must demonstrate the cancellation is consistent with the purpose of the Williamson Act so that the Board may make the necessary findings in compliance with California Government Code Section 51282, et seq. The application shall be processed as follows:

1. The Department shall forward a copy of the application to the Ag Commission and Assessor's Office for comments and recommendations.

2. The Assessor's Office shall determine the cash value of the property as though the land is free from contractual obligations and forward the report to the Department.

3. The Commission shall hold a public hearing and make a recommendation to the Board.

4. The Board shall decide at public hearing whether to approve the cancellation, zone change, and General Plan amendment, if applicable, or deny the request.

5. If approved, the applicant shall pay the amount of cancellation fees, based on the Assessor's report, prior to the effective date of cancellation.

G. Agricultural Zones not under Williamson Act Contract. Land to be zoned for agricultural or horticultural use that is not encumbered by a Williamson Act or farmland security zone contract must meet one of the following criteria:

1. Soil Capability. The site is classified as choice soil, as defined in the General Plan, based on the Soil Survey of El Dorado Area, California issued April 1974 by the U.S.D.A. Soil Conservation Service, or other comparable local, state or federal criteria, as further described below:

a. Choice agricultural land, up to 30 percent slope, includes some lands in classes II, III, IV, VI, and VII, which are suitable for orchard, vineyard, and woodland; or

b. Choice rangeland includes some lands in classes IV, VI, and VII, with range site indices of 1, 2, and 3, suitable for range use.

2. Present Use. Lands that are not included in one of the above soil groupings but are being actively used agriculturally may be considered for agricultural zoning when the land in question meets the three criteria of acreage, gross income, and capital outlay for establishment of an agricultural preserve, as set forth by resolution of the Board, as may be amended from time to time.

3. Ag Commission Recommendation. When lands do not qualify as agricultural zones under Subsections G.1.a, G.1.b, or G.2 above in this Section, they may still be zoned PA, LA or AG, based on the recommendation of the Ag Commission to the Board that there are unique circumstances applying to the land and that an agricultural zone would further the intent of the General Plan for protecting and enhancing the agricultural industry in the County.

(Ord. No. 5152, § 10, 11-16-2021)

A. Applicability. The standards set forth in this Section shall apply to agricultural support services, as defined in Article 8 (Glossary: See "Agricultural Support Services") of this Title, where allowed in the use matrices for the zones.

B. Special Findings Required. In order to approve a Conditional Use Permit for agricultural support services, the review authority must make the following findings in addition to the findings required under Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title:

1. The establishment of the proposed support service will support the agricultural industry in the surrounding area based on the type of agricultural enterprises that exist in the area.

2. The proposed support service will have no significant adverse effect on commercial agriculture production in the area.

C. Uses Allowed By Right. Uses are allowed in the zone as reflected in the matrix in Table 130.21.020 (Agricultural, Rural Lands and Resource Zone Districts Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

D. Uses Requiring an Administrative Permit. Uses allowed by Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title:

1. Shall have direct access to a County-maintained roadway or State Highway.

2. Shall have no impact to traffic, noise or neighboring parcels.

E. Uses Requiring a Minor Use Permit. Uses allowed by a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title:

1. Shall have no direct access to a County-maintained roadway or State Highway.

2. Shall have a less than significant impact to traffic, noise and neighboring parcels.

3. Review by the Agricultural Commissioner. Where an application for a Minor Use Permit is required to construct or operate a commercial operation on agricultural or resource zoned land as an agricultural support service, the use shall be considered by the Agricultural Commissioner prior to a hearing before the review authority.

F. Uses Requiring a Conditional Use Permit. Uses allowed with a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title:

1. May have significant impacts to traffic, noise, neighboring parcels and may result in a loss of productive agricultural land.

2. Review by Ag Commission Required. Where an application for a Conditional Use Permit is required to construct or operate a commercial operation on agricultural or resource zoned land as an agricultural support service, the use shall be considered by the Ag Commission prior to a hearing before the review authority.

A. Applicability. The standards set forth in this Section shall apply to the raising and keeping of Domestic Farm Animals for personal use, hobby purposes, educational projects, or commercial use (where allowed) on residentially zoned lands, where the use matrices for the zones allow the raising and keeping of animals.

1. The standards in this Section apply to Residential Zones that allow for animal raising and keeping, including the Single-Unit Residential (R1/R20K), One-, Two-, and Three-Acre Residential (R1A, R2A, and R3A), and Residential Estate (RE) zones.

2. The raising and keeping of domestic fowl and domestic farm animals is not allowed in the Multi-unit Residential (RM) or residential uses in Commercial zones.

3. The standards in this Section do not apply to the keeping of household pets which are addressed in Title 6 (Animals) of the County Code of Ordinances.

4. Exceptions:

a. Agricultural, Rural Lands and Resource Zones. These standards do not apply to the raising and keeping of animals in: (1) Agricultural zones: Limited Agricultural (A), Planned Agricultural (PA), and Agricultural Grazing (AG); and, (2) Rural Lands zones (RL); and (3) Resource zones: Forest Resources (FR), and Timber Production (TPZ).

b. Educational Projects. Animal Husbandry Projects shall be exempt from the requirements of Subsection C (Animal Keeping in Residential Zones), below in this Section, provided the applicable animal husbandry project protocols are followed, and the animals shall be maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Title 6 (Animals) of the County Code of Ordinances.

c. Working Animals. Livestock guardian or herding dogs shall be exempt from the commercial kennel requirements and managed in accordance with Title 6 (Animals) of County Code of Ordinances.

d. Legal Nonconforming Animal Keeping. Where an existing use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone in which they are located, may be continued until the owner or occupant removes them.

B. Definitions Applicable to 130.40.080 (Animal Raising and Keeping).

1. Animal Raising and Keeping. The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, including the processing of products or byproducts. This use is allowed either as a primary use or as subordinate and accessory to a compatible residential use.

2. Animal Husbandry Project. The raising of farm or game animals such as cattle, horses, goats, sheep, hogs, chickens, rabbits, birds, as a school, 4-H, Grange, or FFA project conducted by students through the twelfth grade and under the direct supervision of a qualified, responsible adult advisor or instructor.

3. Animals, Large. Large animals include, but are not limited to, cattle, horses, mules, ostrich, swine, llamas, and/or similar livestock.

4. Animals, Medium. Medium animals include, but are not limited to, sheep, goats, emu, alpaca, turkeys, and donkeys.

5. Animals, Small. Small animals include, but are not limited to, rabbits, ducks, chickens, fowl, bees, and worms.

6. Apiaries, Commercial. Any place where 50 or more colonies or hives of bees are kept. (See Title 6 [Animals], Chapter 6.44 [Apiaries and Beekeeping]) of the County Code of Ordinances.

C. Animal Keeping in Residential Zones.

1. Apiaries, Commercial. Apiaries are allowed on the following Residential Zones: R2A, R3A, RE-5 and RE-10. Requirements for bee raising and keeping shall meet industry standards as approved by the Agricultural Commissioner and Title 6 (Animals), Chapter 6.44 (Apiaries and Beekeeping) of the County Code of Ordinances. No apiary shall be located within 100 feet of any other property boundary without the written consent of the adjacent resident.

2. Small animal keeping is allowed on lots within these Residential Zones: R1, R20K, R1A, R2A, R3A, RE-5 and RE-10 provided that owners adhere to all Operation and Maintenance standards in Subsection E (Operation and Maintenance Standards) and subject to Subsection G (Administrative) below in this Section and the following:

a. Poultry, fowl, and rabbits must be contained within the boundary of the residential lot and provided a suitable enclosure for nesting, feeding, watering, and roosting.

b. The keeping of roosters, guinea hens, or pea hens (peacock family) is prohibited on any lot less than three acres.

3. Medium animal keeping is allowed on lots within these Residential Zones: R1A, R2A, R3A, RE-5 and RE-10 provided that owners adhere to all Operation and Maintenance standards. The keeping of no more than four medium animals may be approved by Administrative Permit for lots greater than one half acre, zoned Single-unit Residential (R20K) and all structures or enclosures for use by the animal(s) meet the building setback requirements of the zone.

4. Large animal keeping is allowed on lots of more than two acre in size within these Residential Zones: R1A, R2A, R3A, RE-5 and RE-10 provided that owners adhere to all Operation and Maintenance standards. Two or more adjacent lots that are less than two acres in size but managed as a single operation and under same ownership may meet the minimum acreage standard. The keeping of no more than two large animals may be approved by Administrative Permit for lots less than two acres when zoned Residential One-acre (R1A) and all structures or enclosures for use by the animal(s) meet the building setback requirements of the zone.

D. Stables.

1. Commercial. Standards for Commercial Stables can be found in 130.40.210.C (Outdoor Recreational Facilities - Commercial or Public, Commercial Stables), and are defined in Article 8 (Glossary: See "Stables; Commercial") of this Title. The licensing requirements and standards for commercial Equine Rental Facilities are included in Title 6 (Animals), Chapter 6.24 (Commercial Animal Establishments) of the County Code of Ordinances.

2. Private. Private stables, including the breeding and raising of horses, are allowed on residential zoned lots as specified in the zone matrices. Facilities are subject to the following standards:

a. The facility shall not involve more than three patrons visiting the site at any one time and no more than a maximum of fifteen patrons per day, unless authorized by a use permit as provided in Section 130.40.160 (Home Occupations) below in this Chapter.

b. The Operation and Maintenance Standards in Subsection E (Operation and Maintenance Standards) below in this Section shall be adhered to.

E. Operation and Maintenance Standards.

1. Odor and Vector Control. Pastures, agricultural accessory structures and animal enclosures, including but not limited to pens, coops, cages, barns, corrals, paddocks and feed areas, shall be maintained free from excessive litter, garbage, and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner.

2. Erosion and Sediment Control. In no case shall any person allow animal keeping to cause soil erosion, or produce sedimentation on any public road, adjacent property, or in any drainage channel. In the event such soil erosion and sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and subject to abatement under the County Code of Ordinances.

3. Noise. No animals will be allowed to create a public nuisance, disturbing the peace by frequent or continuous noise of an irritating or raucous nature. If a nuisance is deemed to have occurred it may be subject to abatement as specified in Title 6 (Animals) of the County Code of Ordinances.

4. Specified types of animals allowed. More than one type of animal may be kept on a single site as allowed for in the use matrix for the applicable zone.

F. Setbacks. Animal sheltering structures, including but not limited to coops, stables, and aviaries, shall meet the setbacks established in the applicable zone district in which they occur.

G. Administrative. On all lots of less than two acres in size, an Administrative Permit shall be required for:

1. The keeping of large animals allowed pursuant to Subsection C (Animal Keeping in Residential Zones) above in this Section.

2. The keeping of small animals for the purpose of sale, including their products, so long as the animals are maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Title 6 (Animals) of the County Code of Ordinances.

H. Penalties. Violations of this Section may be charged as either an infraction or misdemeanor.

Table 130.40.080.1—Animal Raising & Keeping Matrix

A. Applicability. The provisions of this Section shall apply to all campgrounds and recreational vehicle parks, as defined in Article 8 (Glossary) of this Title, where the allowed use matrices for the zones allow these uses.

B. Temporary Camping. It shall be unlawful to place, maintain, use, or occupy any vehicle or temporary structure, such as a tent, lean-to, or other makeshift enclosure for which no building permit has been issued, on any lot of real property for the purpose of camping, dwelling, maintaining, or establishing a temporary or permanent residency for more than 30 days unless such placement, maintenance, use, or occupancy is authorized in compliance with this Section or with Section 130.52.050 (Temporary Mobile Home Permit) in Article 5 (Planning Permit Processing) of this Title.

C. Compliance with State Law. All campgrounds and recreational vehicle parks shall comply with the minimum standards of the Special Occupancy Parks Act (California Health and Safety Code Section 18860, et seq.) and the applicable regulations adopted by the Department of Housing and Community Development (California Code of Regulations, Title 25: Housing and Community Development Mobile Home Parks and Installations Regulations, Chapter 2) including, but not limited to setback and separation standards, infrastructure requirements, operations, maintenance, and inspections within these facilities.

D. Development Standards. The following general standards shall apply to new campgrounds and recreational vehicle (RV) parks or proposed revisions to existing facilities, subject to a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title:

1. Minimum Area and Density. The minimum area of a campground or RV park shall be three acres. At least 50 percent of the total site shall be left in its natural state or be landscaped. The remaining 50 percent of land is eligible for development. The maximum number of campsites, RV spaces, dormitory rooms, park model units or cabins shall not exceed nine sites per developable acre and each individual campsite or RV space shall be no less than 1,000 square feet. The average overnight population per campsite, RV space, or cabin shall not exceed four persons.

2. Fencing. A fence, wall, landscaping screen, earth mound or other screening approved by the Director, or otherwise required by this Title, shall be required as needed for public safety.

3. Access. Campground and recreational vehicle park access roads shall have clear and unobstructed access to a public roadway. There shall be no direct access from an individual campsite, RV space, dormitory room or cabin to a public roadway.

4. Trash Collection Areas. Trash collection areas shall be adequately distributed and enclosed by a six foot high landscape screen, solid wall or fence, which is accessible on one side. Bear resistant garbage can containers are required in accordance with Subsection 130.30.030.C.3.g (Bear Resistant Garbage Can Containers) in Article 3 (Site Planning and Project Design Standards) of this Title.

5. Parking. The campground and recreational vehicle park shall provide off street parking spaces for each campsite and guest parking in accordance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

6. Signs. Campground and recreational vehicle park entrance signs shall comply with the provisions under Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title.

7. Water Supply and Sewage Disposal. The County Environmental Health Division shall determine that adequate water supply and/or septic capability is available to serve the project.

8. Commercial Use. The construction of a structure within the campground or recreational vehicle park that is under the ownership or control of the park and can provide commercial use to the public shall be reviewed by the County for potential impacts on local services under the Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

9. Length of Stay. The maximum length of stay in any campground or recreational vehicle park shall not exceed 30 days.

10. Structures and Recreational Facilities. The following standards apply to structures on the site, apart from the personal residence of the property owner or caretaker:

a. Structures are limited to restrooms/showers and one clubhouse which may contain one commercial kitchen facility.

b. The total area of the structures or portions of structures intended for sleeping that may include restrooms/showers shall be limited to an average of 300 square feet per structure. Structures intended for sleeping may not include any kitchen facilities.

c. Campgrounds may include minor accessory recreational uses or structures such as swimming pools and tennis courts.

A. Child Day Care Homes. Child day care homes, as defined in Article 8 (Glossary: See "Child Day Care Home") of this Title, may be provided in any zone that allows detached, single-unit residential dwellings, including rental units, in compliance with California Health and Safety Code Section 1596.70. As such, the following permit requirements shall apply:

1. Small Family Day Care Homes. Allowed by right.

2. Large Family Day Care Homes. Allowed by right.

B. Child Day Care Centers. Child day care centers, as defined in Article 8 (Glossary: See "Child Day Care Center") of this Title, shall be allowed where allowed in the use matrices for the zones.

C. Employer-sponsored Child Day Care Centers. Employer-sponsored child day care centers, as defined in Article 8 (Glossary: See "Employer-sponsored Child Day Care") of this Title, shall be allowed as part of a commercial or industrial building or complex where allowed in the use matrices for the zones.

D. Permit Process. When an Administrative Permit is required by this Section it shall be processed as follows:

1. The Director shall, within 45 days of the filing of a complete permit application, approve a child day care facility if the approval standards in Subsection E (Approval Standards) below in this Section, have been met; otherwise, the permit shall be denied.

2. Not less than ten days prior to the date on which the decision will be made on the application, written notice shall be given to all residentially zoned property owners within a 100-foot radius from the property lines of a proposed large family day care home, child day care center, or employee-sponsored child day care center. The notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made, in compliance with Subsection E.3 (Approval Standards) below in this Section.

3. A hearing will only be held if one is requested in writing by the applicant or other affected person prior to the Director's decision (California Health and Safety Code Section 1597.46.a.3). Hearings will be held before the Zoning Administrator.

4. Decisions that are rendered by the Director may be appealed by the applicant or other affected person. All decisions of the Director are appealable to the Commission and then to the Board, in compliance with Section 130.52.090 (Appeals) in Article 5, (Planning Permit Processing) of this Title.

E. Approval Standards. No application for an Administrative Permit shall be approved unless it complies with the development standards of the zone, as specified in Article 3 (Site Planning and Project Design Standards) of this Title, and the following standards:

1. The loading and unloading of vehicle occupants shall only be allowed on the driveway of a residential dwelling, an approved parking area, or along the frontage of the site and shall not restrict traffic flow. Facilities located on those roads delineated in Figure TC-1 of the General Plan or roads designed for speeds of 35 mile per hour or greater shall provide a drop-off and pickup area designed to prevent vehicles from backing into the roadway.

2. The applicant shall comply with all fire and building codes applicable to child day care facilities.

3. The applicant shall obtain a valid state license to operate a child day care facility on the site within 180 days of the date of issuance of an Administrative Permit. Within 14 calendar days after issuance of the state license, the applicant shall provide a copy of the license to the Director. The applicant's failure to obtain a state license or to provide a copy of the license to the Director may result in revocation of the Administrative Permit in accordance with the provisions of Chapter 130.67 (Code Enforcement) in Article 6 (Zoning Ordinance Administration).

4. In addition to the standards in Subsections E.1 and E.2 (Approval Standards) above in this Section, a large family day care home shall be subject to the following:

a. The site shall provide at least two off-street parking spaces, none of which may be provided in a garage or carport. Parking spaces may include those provided to meet residential parking requirements.

b. The site shall not be located within 500 feet of any other large family day care home, as measured between the nearest property lines from one another.

c. If the site has a swimming pool or spa, the pool or spa shall meet all current code regulations for fencing, gate latches, and alarms.

d. No more than one family day care home shall be located on any single lot.

e. A permit for a large family day care home is non-transferable.

(Ord. No. 5241, § 8, 8-19-2025)

A. Applicability. The provisions of this Section shall apply to all housing for commercial caretakers, agricultural employees, and seasonal workers, as defined in Article 8 (Glossary: See "Employee Housing") of this Title, where allowed in the use matrices for the zones.

B. Commercial Caretaker Housing.

1. Commercial caretaker housing may be allowed as an accessory use where the primary commercial, industrial, recreational, or civic use involves operations, equipment, or resources that require 24-hour security, and where there is a demonstrated need for such security, including but not limited to the following:

a. Value and portability of goods and/or equipment stored on the property;

b. Precautionary measures taken by the applicant to prevent loss or vandalism;

c. Data from law enforcement agencies demonstrating significant exposure to vandalism or the loss of goods and/or equipment; and

d. Practicality of permanent facilities.

2. Permanent housing for commercial caretakers may be established where accessory to an existing, allowed commercial, industrial, recreational, or civic use subject to the standards and permit requirements under Subsection E (General Standards) below in this Section.

3. Temporary housing for commercial caretakers shall be subject to a Temporary Mobile Home Permit in compliance with Section 130.52.050 (Temporary Mobile Home Permit) in Article 5 (Planning Permit Processing) of this Title.

4. The Director, in approving a permit for commercial caretaker housing must find that there is a need for such housing based on the information provided under Subsection B.1 (Commercial Caretaker Housing) above in this Section, and that appropriate additional security measures have been installed, such as security lighting and fencing, to minimize potential vandalism or theft.

C. Agricultural Employee Housing.

1. A residential structure providing accommodation for six or fewer agricultural employees shall be considered a single-unit residential use and shall be allowed by right in any zone that permits single-unit residential uses. (California Health and Safety Code Section 17021.5).

2. Agricultural employee housing consisting of no more than 36 beds in group quarters, or 12 units or spaces designated for use by individual households, shall be allowed as specified in Table 130.21.020 (Agricultural, Rural Lands and Resource Zone Districts Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, subject to the standards in Subsection E (General Standards) below in this Section. The allowed occupancy in said housing shall allow agricultural employees who do not work on the property where the agricultural employee housing is located (California Health and Safety Code Section 17021.6). Permit approval for agricultural employee housing shall be subject to the following:

a. The Ag Commission determines the need for such housing exists; and

b. Agricultural employee housing shall be related to agricultural production, including livestock operations, and may serve agricultural employees who work off-site in serially seasonal, agriculturally-related employment.

D. Seasonal Worker Housing. Housing for seasonal workers in the rafting industry, at ski resorts, or for similar recreational uses may be allowed subject to the standards in Subsection E (General Standards) below in this Section. Rental and occupancy of the seasonal worker housing shall only occur during the season in which the workers are needed and shall not be occupied on a full-year basis.

E. General Standards. In addition to the specific provisions under Subsections B and D (Commercial Caretaker Housing, and Seasonal Worker Housing, respectively) above in this Section, all commercial caretaker, and seasonal worker housing shall be subject to the following standards under an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title. Agricultural employee housing referenced in Subsection C.2 (Agricultural Employee Housing) above in this Section, shall be subject to the following standards under a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title. Housing inconsistent with the standards under this Subsection (General Standards) shall be subject to a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

1. Occupancy. At least one of the occupants of each housing unit shall be a full-time or seasonal employee of the business, operation, or institution that qualifies for such housing in compliance with this Section.

2. Location of Housing Unit.

a. Commercial caretaker housing shall be located on the same lot, or a contiguous lot under common ownership, as the primary use that provides the qualification for such housing, in compliance with the development standards for the zone.

b. Seasonal worker housing may be located on-site, or off-site if adjacent to the primary use.

c. Agricultural employee housing may be located on-site or off-site in compliance with Subsection C.2 (Agricultural Employee Housing) above in this Section.

3. Housing Maintenance.

a. All housing, whether permanent or temporary, shall meet the development standards for the zone and be subject to all applicable building, fire, and health codes.

b. Permanent housing shall be constructed and maintained to conform to State Department of Housing and Community Development regulations for employee housing.

c. Mobile homes and recreational vehicles used specifically for such housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (California Health and Safety Code Section 18000, et seq.).

d. Recreational vehicles and temporary structures may be utilized for seasonal worker housing, including agricultural worker housing for six or fewer employees.

F. Removal of Housing Unit. A commercial caretaker, agricultural employee, or seasonal worker housing unit shall remain in use concurrent with the existence of the use that justifies the housing unit. Upon termination of the allowed use, the housing unit shall be removed if a temporary structure, or converted to another allowed use if a permanent structure.

A. Applicability. This section applies to all wireless telecommunication facilities, except as expressly stated otherwise. These regulations are specifically not intended to, and shall not be interpreted to apply to:

1. Prohibit or effectively prohibit the provision of personal wireless services;

2. Unreasonably discriminate among functionally equivalent service providers; or

3. Regulate wireless telecommunication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commissions (FCC).

B. Purpose. The purpose and intent of this Section is to provide a reasonable, uniform, and comprehensive set of procedures, standards, and guidelines for the deployment, construction, co-location, modification, operation, and removal of commercial and private wireless telecommunication facilities within the unincorporated areas of El Dorado County, consistent with and to the extent permitted under Federal and California State law. The Board finds these regulations are intended to protect and promote the public health, safety, and welfare of the residents of the unincorporated areas of El Dorado County. The regulations in this County are specifically not intended to regulate wireless telecommunications facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the FCC.

1. Generally, the County will seek to minimize the visual impacts of wireless telecommunication facilities by limiting the number of facilities. However, the County may require construction of a number of smaller facilities instead of a single monopole or tower if it finds that multiple smaller facilities are less visually obtrusive or otherwise in the public interest.

C. Exempt Facilities. The following telecommunication facilities are exempt from the requirements of this Section:

1. Government-owned telecommunication facilities used primarily to protect public health, welfare, and safety.

2. Facilities operated by providers of emergency medical services, including hospitals, ambulance, and medical air transportation services, for use in the provision of those services.

3. Satellite dish, radio, and television antennas for residential and commercial use, solely for the use of the occupants of the site, as defined in County Code Section 130.20.040 (Exemptions from Planning Permit Requirements).

4. Any facility specifically exempted under Federal or State law.

5. Facilities located on tribal trust lands.

D. Permit Requirements. Telecommunication facilities, as defined in Article 8 (Glossary: See "Telecommunication Facilities") of this Title, shall be allowed subject to the following standards and permitting requirements:

1. Small Cell Wireless Telecommunication Facilities.

a. Small cell wireless telecommunication facilities that do not exceed five square feet and do not protrude more than 1.5 feet from the mounting surface or extend more than three feet above the roofline may be allowed by right in any zone provided that no additional equipment is required.

b. Small cell wireless telecommunication facilities may be permitted subject to an Administrative Permit, provided that no additional support equipment is required.

2. Building Facade Mounted Antennas. In all zones, building facade-mounted antennas may be allowed subject to an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title subject to the requirements below in this Section.

a. No portion of the antenna, support equipment, or cables shall project above the roofline unless consistent with Subsection 3 (Roof Mounted Antennas) below in this Section;

b. The surface area of all antenna panels shall not exceed ten percent of the surface area of the facade of the building on which it is mounted or 30 square feet, whichever is greater;

c. No portion of the antenna or equipment shall extend out more than two feet from the facade of the building;

d. Antennas and equipment shall be constructed and mounted to blend with the predominant architecture and color of the building, or otherwise appear to be part of the building to which it is attached;

e. The lowest portion of all antennas shall be located a minimum of 15 feet above grade level; and

f. All equipment shelters, cabinets, or other ancillary structures shall be located within the building being utilized for the telecommunication facility, or on the ground screened from public view. Equipment located on the roof must be screened from public view from adjacent streets and properties by an architecturally compatible parapet wall or other similar device. For facilities located on a historic property or building, please see Section F.5. (Historic Resources).

3. Roof Mounted Antennas. The construction or placement of telecommunication facilities as roof mounted antennas may be allowed as follows:

a. In all commercial, industrial and research and development zones [listed under Chapter 130.22 (Commercial Zones) and Chapter 130.23 (Industrial and Research and Development Zones), except where located adjacent to a State highway or designated scenic corridor, roof mounted antennas may be allowed subject to approval of an Administrative Permit when the following requirements are met:

(1) Facilities located on the roof of the building shall be located towards the center of the roof, if feasible, or screened to minimize visual impact from ground level viewers.

(2) The height of the facility shall not exceed 15 feet above the roof top or the maximum height for the zone, whichever is less.

b. In all other zones, or where located adjacent to a State highway or designated scenic corridor, roof mounted antennas shall be subject to Commission approval of a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

4. Co-location on Existing Non-building Structures or Public Facilities. In all zones, the co-location of antennas on signs, water tanks, utility poles and towers, light standards, and similar structures may be allowed subject to Zoning Administrator approval of a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title when the following requirements are met:

a. Antennas shall not exceed the maximum height for the zone or 15 feet above the height of the existing structure, whichever is less;

b. Antennas and mounting brackets shall be constructed and mounted to blend with the design and color of the existing structure;

c. All equipment shelters, cabinets, or other ancillary structures shall be located within the structure being utilized for the telecommunication facility, or on the ground screened from public view; and

d. If proposed to be attached to a structure, utility pole, or tower located within a public utility easement, both the utility and the property owner must authorize submittal of an application for such use.

5. Co-location on Existing Approved Monopoles or Towers. In all zones, the placement of antennas on an existing approved monopole or tower may be allowed by right as an eligible facilities request per 47 U.S.C. § 1445(a), 47 C.F.R. § 1.6100 or Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. This placement may be allowed under an Administrative Permit when the all of the following requirements are met:

a. New antennas shall be located at or below the topmost existing antenna array, either on the same pole, or at the same height on a replacement pole within the approved lease area;

b. New antennas shall not extend out horizontally from the pole more than the existing widest projection. Use of designs similar to the existing antenna array is required;

c. All equipment shelters, cabinets, or other ancillary structures shall be located within the building being utilized for the telecommunication facility, or on the ground screened from public view;

d. The antennas and pole or tower shall be designed to match the existing facility, or to blend with the natural features or vegetation of the site; and

e. Additional antenna arrays added above the existing approved antenna array or that requires the tower height to be increased beyond the parameters set forth in Section D.9 (Modifications to Telecommunication Facilities), shall be considered a new tower and shall be subject to the provisions of Subsection D.7 (New Towers or Monopoles) below in this Section.

6. By Right Process for Co-location Facilities. Co-location facilities may be subject to by right processing, when consistent with California Government Code [Section] 65850.6, as amended and superseded.

7. New Towers or Monopoles. The construction or placement of telecommunication facilities on new towers or monopoles, or an increase in height of existing towers or monopoles may be allowed as set forth below:

a. In all commercial, industrial, and research and development zones (listed under Chapter 130.22 (Commercial Zones) and Chapter 130.23 (Industrial and Research and Development Zones), except where located adjacent to a state highway or designated scenic corridor or within 500 feet of any residential zone, a new tower or monopole may be allowed subject to Zoning Administrator approval of a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title.

b. In all other zones, or where located adjacent to a State highway or designated scenic corridor or within 500 feet of any residential zone (listed under Chapter 130.24 (Residential Zones)), new towers or monopoles shall be subject to Commission approval of a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

8. Emergency Standby Generators. An emergency standby generator, as defined by California Government Code [Section] 65850.75, as amended and superseded, may be subject to by right processing (e.g. building or grading permits) when proposed to serve an existing macro cell tower site.

9. Modifications to Telecommunication Facilities. Modifications to an existing wireless tower or base station that do not substantially change the physical dimensions of the tower or base station shall be permitted by right if in accordance with 47 Code of Federal Regulations Section 1.6100(b)(7) or any successor statute thereto. Table 1 outlines relevant facility types and applicable State and Federal regulations.

10. Temporary Facilities. A carrier may approach the County for a temporary site permit under the following circumstances:

a. Natural Disaster Emergency Coverage. The carrier may temporarily add a facility to urgently provide sufficient coverage during a State, Federal or local-declared natural disaster or emergency (flood, fire, etc.). Often, these facilities are constructed on jurisdictionally owned parcels. These facilities may be permitted by the authorized emergency operations or incident response command, as applicable. Use of these facilities shall terminate, and the site be restored to its previous condition, within 30 days of official cessation of the declared disaster/emergency.

b. Special Events. Certain widely attended special events (concerts, fairs, parades, etc.) may necessitate the construction of temporary telecommunications facilities to provide sufficient coverage. These facilities cannot be installed more than four weeks in advance of the event and must be removed a maximum of one week after the event, subject to approval of an Administrative Permit in compliance with Section 130.52.010.

c. Substitute Facilities to Maintain Service Area Coverage. A temporary facility may be necessary to avoid severe impacts due to an outage and/or facility failure in an existing service area. This temporary site prevents the loss of existing service while the new/updated site is permitted through the appropriate entitlement process. These facilities are subject to approval of an Administrative Permit in compliance with Section 130.52.010. Such approval may not exceed 180 days. An extension for an additional 180 days may be granted.

11. Other Types of Facilities Not Listed Above. Unless otherwise described within this Section, telecommunication facilities are subject to the permit type within the specified zone as described in Chapter 130.20 of Article 2 (Development and Use Approval Requirements) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. Application proposals that do not conform to the above requirements of Subsections D.1 through D.10 above in this Section will be subject to Commission approval of a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. Uses described within this Section are summarized in Table 1. Telecommunication Facility Types.

12. Speculative Towers. Towers for which no licensed communication carriers have committed to utilize shall be prohibited.

Table 1. Telecommunication Facility Types

E. Visual. Visual simulations of the wireless telecommunications facility, including all support facilities, shall be submitted as part of the application. A visual simulation consists of a photo simulation showing the existing and post-project condition. Simulations that include future landscaping, including trees, shall typically show ten-year growth. The applicant shall also submit a map showing the location of the project site and the visual vantage points. Vantage points shall emphasize public views of the project sites.

F. Development Standards and Design Guidelines. All facilities shall be conditioned, where applicable, to meet the below criteria. Projects may be subject to additional standards deemed appropriate through discretionary permit processing to address site-specific conditions.

1. Screening. All facilities shall be screened with vegetation or landscaping. Where screening with vegetation is not feasible, the facilities shall be disguised to blend with the surrounding area, or stealth design. The facility shall be painted or constructed with stealth technology to blend with the prevalent architecture, natural features, existing trees (both type and size), or vegetation of the site. Vegetative screening, if used, shall be subject to the provisions described in Subsection 8.09.070(E)(5) of the El Dorado County Ordinance Code (Hazardous Vegetation and Defensible Space - Critical Infrastructure Sites).

2. Setbacks. Compliance with the applicable zone setbacks is required. Setbacks shall be measured from the part of the facility closest to the applicable lot line or structure. For towers (including monopoles), when the proposed facility is on a site that is adjacent to a site with an existing residential use or a site that is zoned for residential uses, a minimum setback shall be equal to 1.5 times the overall height of the telecommunications tower. Setback waivers may be considered by the discretionary permit authority, as needed, to allow flexibility in landscaping and siting the facility in a location that best reduces the visual impact on the surrounding area and roads.

3. Maintenance. All improvements associated with the telecommunication facility, such as equipment shelters, towers, antennas, fencing, and landscaping shall be maintained in good condition at all times, free from trash, debris, graffiti, and any form of vandalism. Design, color, and textural requirements under the approved conditions shall be maintained to ensure a consistent appearance over time.

4. Location Preferences. Wireless telecommunication facilities are encouraged to co-locate on existing buildings and structures to the extent feasible based coverage requirements. Additionally, to minimize the aesthetic and visual impacts, all new wireless telecommunication facilities shall take into consideration the aesthetic impact of the proposed telecommunication facility as seen from roadways and other public properties should any adverse affects be noted. The following preferences should be considered in locating new facilities.

a. Industrial and research and development, including corporation yards and mineral resource uses.

b. Commercial.

c. Agricultural, rural, and open space.

d. Residential.

5. Historic Resources. No facilities shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historic register unless it is determined that the facility will have no adverse effect on the building's visual integrity, structure or eligibility for historic designation. Facilities located on any historic building or structure, or within any historic district must comply with the Historical Resource Regulations, the U.S. Secretary of Interior Standards and Guidelines, and local historic guidelines.

6. Accessibility. Wireless telecommunication facilities shall not be constructed to create a barrier under federal and state Americans with Disabilities Act (ADA).

7. Written Approval of Owner. A wireless telecommunication facility shall not encroach onto any private or other property outside the public right-of-way unless the owner has provided written consent.

8. Underground Equipment. Underground equipment shall be located entirely underground and flush with existing sidewalk or ground surface.

9. Site Security Measures. Wireless telecommunication facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft, or vandalism.

10. Signage. All wireless telecommunication facilities must include signage that accurately identifies the facility owner/operator, the owner/operator's site name or identification number, and a toll-free number to the owner/operator's network operations center. No other signage or advertisements may appear on a wireless telecommunication facility unless approved by the Director, required by law or recommended under FCC, Occupational Safety and Health Administration, or other United States governmental agencies for compliance with Radio Frequency (RF) emissions regulations.

11. Compliance with Health and Safety Regulations. All wireless telecommunication facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety regulations, which includes, without limitation, all applicable regulations for human exposure to RF emissions, ADA, California Building Standards Code, and County Code.

12. Lighting. All wireless telecommunication facilities shall not include any lights that would be visible from publicly accessible areas, except as otherwise required in compliance with the Federal Aviation Administration or the Airport Land Use Commission area standards, and except when authorized personnel are present at night, and for exempt facilities listed in Subsection B (Exempt Facilities).

13. Aesthetics. All review shall consider aesthetic impacts, including the location, height, and design of the proposed wireless telecommunication facility and an evaluation of the character of the area.

G. RF Requirements. The application for a discretionary permit shall contain a report or summary of the estimates of the non-ionizing radiation generated by the facility. The report shall include estimates of the maximum electric and magnetic field strengths in all directions from the facility to the property lines of the facility site. Facilities must not be placed or operated in a manner that violates FCC's standards for human exposure to RF emissions.

H. Availability. All existing telecommunication facilities shall be available to other carriers as long as structural or technological obstacles do not exist.

I. Unused Facilities. The facility owner shall notify the Department no less than 60 days prior to the final day of use of any telecommunication facilities. All obsolete or unused telecommunication facilities shall be physically removed by the facility owner within 180 days after the use of that facility has ceased or the facility has been abandoned. All site disturbance related to the facility shall be restored to its pre-project condition.

J. Permit Application Requirements. In order to protect the visual character of established neighborhoods and to protect school children from safety hazards that may result from a potentially attractive nuisance, in addition to the noticing requirements of Section 130.51.050 (Public Notice Requirements and Procedures), the following notification shall occur for discretionary permit applications:

1. New facilities less than 100 feet in height: 1,500 feet from the proposed facility.

2. New facilities 100 feet or greater in height: 2,000 feet from the proposed facility.

3. School District Notification. If the proposed wireless facility is located within either 1,500 feet or 2,000 feet from a school based on the height of the proposed facility under Subsections J.1 or J.2 above, the appropriate school district shall be notified during the initial consultation.

4. Homeowners Association Notification. For facilities proposed to be located on residentially-zoned land, the applicant shall identify any homeowners association which might govern the property and homeowners associations that are within either 1,500 feet or 2,000 feet from the property based on the height of the proposed facility under Subsections J.1 or J.2 above. Any homeowners associations that are identified shall be notified during the initial consultation.

K. Additional Sites and Needs Analysis. The application for a discretionary permit shall contain a site justification letter that includes an alternative sites analysis, a discussion of alternative sites that would accomplish the project goals, an evaluation of the feasibility of using multiple small sites to meet coverage needs rather than a single large site, and a description of the need for the proposed facility based on the adequacy of existing coverage. The letter shall detail meaningful outreach to owners of alternative sites. The analysis shall provide specific comparative analysis of how different sites would impact aesthetic and environmental values, as applicable.

L. Fees. For each initial application, or for the renewal of an application, the applicant shall pay an initial deposit and any associated recurring fees, including maintenance and right-of-way permit fees, consistent with the County's current Community Development Agency Consolidated Fee Schedule.

M. Airport Operations. Wireless telecommunication facilities shall not be sited in locations where they will interfere with airport operations. The siting of wireless towers and related facilities within the airport influence area of any public airport shall be referred to the El Dorado County Airport Land Use Commission for a determination of consistency with Airport Land Use Compatibility Plan.

N. Five-Year Review. Every five years following approval of a Conditional Use Permit for a wireless telecommunications facility, the County shall review the facility for compliance with the approved conditions of approval. Review of wireless telecommunications facility Conditional Use Permits shall be staff level. This section shall take precedent over existing conditions of approval.

1. Notification. All five-year reviews shall be noticed to nearby property owners in accordance with Table 130.51.050.2.

2. If complaints or concerns are received from a noticed party, the review shall be set with the Planning Commission.

O. Revocation. Failure to comply with any condition of approval or standard in this ordinance shall constitute grounds for possible revocation of use pursuant to County Code Section 130.53.090 (Revocation or County Mandated Modification of a Permit).

P. Severability. If any sections, subsections, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the policy. The Board declares that it would have approved this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

Q. Glossary.

Adjacent. Adjoining the proposed location, or separated only by a street, highway, public easement, or waterway.

Base Station. A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or -authorized wireless communications between user equipment and a communications network. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Co-location. The placement of an antennae on an existing single structure, pole, or tower for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Facade. Also referred to as a "building facade," means all walls, or portions thereof, of a building's exterior which is exposed to public view, excepting alleys.

Macro Cell Tower Site. The place where wireless telecommunications equipment and network components, including towers, transmitters, base stations, and emergency powers necessary for providing wide area outdoor service, are located. A macro cell tower does not include rooftop, small cell, or outdoor and indoor distributed antenna system sites. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Modifications to Wireless Telecommunication Facilities. Modifications to an existing wireless tower or base station that do not substantially change the physical dimensions of the tower or base as defined in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as amended and superseded. Includes, but is not limited to, antenna modifications, fiber optic line additions, generator additions, collocations on an existing wireless facility, and the placement of the first wireless facility on an existing building or structure. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Small Cell Wireless Telecommunication Facility. A Small Cell Wireless Telecommunication Facility is defined in 47 Code of Federal Regulations and as amended and superseded.

Standby Generator. A stationary generator used for the generation of electricity that meets the criteria set forth in Paragraph (29) of Subdivision (a) of Section 93115.4 of Title 17 of the California Code of Regulations. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Stealth Design. A design or treatment that minimizes adverse aesthetic and visual impacts. Stealth design facilities visually and operationally blend into the surrounding area in a manner consistent with existing development and the natural environment by means of camouflaging, disguising, and/or screening. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Telecommunications Facilities (Use Type). See wireless telecommunication facilities. (See also Section 130.40.130: Telecommunications Facilities.)

Telecommunications Tower. Any mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support antennas. Also known as towers. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Wireless Telecommunication Facilities. Equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services. This definition does not apply to Amateur Radio Stations as defined by the Federal Communications Commission, in 47 C.F.R., Part 97 of the Commission's Rules nor to TV and radio transmission facilities, nor to Public Safety Communications Facilities. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

Wireless Telecommunications Co-location Facility. A wireless telecommunications facility that includes co-location facilities. (See also Section 130.40.130: Telecommunication Facilities, in Article 4: Specific Use Regulations, of this Title.)

(Ord. No. 5217, § 1, 12-3-2024; Ord. No. 5241, § 16, 8-19-2025)

Editor's note— Ord. No. 5217, § 1, adopted Dec. 3, 2024, amended the title of § 130.40.130 to read as herein set out. The former § 130.40.130 title pertained to communication facilities.

A. Applicability. This Section is intended to regulate drive-through facilities with development standards regarding their design and operation. This Section does not apply to drive-in movie theaters, carwash facilities, or motor vehicle service stations.

B. Allowed Use. Drive-through facilities are allowed if in compliance with the development standards set forth in this Section in designated zones on Table 130.22.020 (Allowed Uses and Permit Requirements for the Commercial Zones) and Table 130.23.020 (Industrial/R&D Zones Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

C. Permit Requirements. Drive-through facilities require a Conditional Use Permit (CUP) if adjacent to any residential zoned lot or residential use, otherwise permitted by right in designated zones on Table 130.22.020 (Allowed Uses and Permit Requirements for the Commercial Zones) and Table 130.23.020 (Industrial/R&D Zones Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. Drive-through facilities that are not in compliance with the development standards set forth in this Section require a CUP.

D. Development Standards. The development standards in this Section are intended to supplement the standards in the underlying zone for drive-through facilities. In the event of conflict between these standards and the underlying zone standards, the provisions of this Section shall apply. A typical example (not site specific) is shown in Figure 130.40.140.A entitled "Drive-Through Facility (Typical Example)" below in this Section.

1. Drive-Through Lanes.

a. Drive through lanes shall be a minimum 12 feet in width.

b. A vehicle turning analysis shall be required, demonstrating that an American Association of State Highway Transportation Officials (AASHTO) Passenger (P) Vehicle can negotiate any curves or turns in the drive-through lane. A minimum 15-foot inside radius is required. Alternative design widths and radii may be approved by the County Engineer or Building Official, utilizing the DL-23 vehicle, as specified by the National Association of City Transportation Officials.

c. A drive-through lane shall be a minimum of 50 feet from the nearest property line of any residentially zoned lot or residential use. See Figure 130.40.140.A (Example: Drive-Through Facility) below in this Section.

d. Each drive-through entrance and exit shall be at least 50 feet from the nearest property line of a residential land use.

e. Each entrance to a lane and the direction of traffic flow shall be clearly designated by signs and pavement markings.

f. Each drive-through lane or group of multiple lanes shall be physically separated from the circulation routes or parking spaces by means of curbs, rain gardens, or landscaping.

g. Drive-through entrances and exits shall be designed such that the headlights of vehicles at the point of entrance and exit of the drive-through facility shall not directly face a residential zone or residential use, unless screened by a building, fence, wall, grade, or landscaping.

2. Stacking Area.

a. Stacking area within the drive-through lane or lanes shall be provided to accommodate the estimated queued vehicles utilizing the drive-through facility. A queuing analysis performed by a traffic engineer is required for all drive-through facilities, to determine stacking length needed in the drive-through lane. The queuing analysis shall consider queuing in advance of the ordering point, and in advance of the pick-up/service window.

b. For single drive-through lanes, a minimum stacking distance of 100 feet is required for all food and/or beverage drive-through facilities, measured from the entrance of the drive-through lane to the ordering point.

c. A minimum stacking distance of 80 feet per lane is required for all nonfood and/or nonbeverage drive-through facilities, measured from the entrance of a drive-through lane to the service window.

d. Where multiple drive-through lanes are proposed, a lesser minimum distance may be approved by the County Engineer.

e. Stacking of queued vehicles for drive-through facilities may not stack into parking lot drive aisles, public right-of-way, or a public roadway.

3. Landscaping and Screening of the Drive-Through Lane. Landscaping shall be provided as described below:

a. If the drive-through lane is adjacent to a parking area, a five-foot wide planter shall be provided between the drive-through lane and the parking area that includes shade trees consistent with those used in the parking area;

b. A minimum four-foot high wall or planter/landscaping that screens the drive-through lanes is required so that vehicle headlights in the drive-through lanes are not visible from adjacent street rights-of-way or adjacent residential uses. See Figure 130.40.140.A—Drive-Through Facility (Typical Example) below in this Section.

4. Pedestrian Access and Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous on-site four-foot wide sidewalk or delineated walkway. Pedestrian walkways preferably should not intersect the drive-through lanes, but where they do, the walkways shall have clear visibility and shall be delineated by textured and colored paving.

5. Signs. Signage shall be in compliance with Chapter 130.36 (Signs) in this Title. Also refer to subsection 130.36.070.K.4 (Menu/Order Board Signs for Drive-In and Drive-Through Uses) in Article 3 (Site Planning and Project Design Standards) of this Title.

6. Hours of Operation. When the drive-through facility is located within 100 feet of any existing residential zone or existing residential use (measured from the nearest residential property line to any part of the drive-through facility including parking lot, drive-through lane, or structure), hours of operation for the drive-through facility shall be limited to 7:00 a.m.—10:00 p.m. daily. If the use is located greater than 100 feet from a residential zone or existing residential use, there shall be no restrictions on the hours of operation.

7. Parking. The required number of off-street vehicle parking spaces for drive-through facilities shall be based upon the primary use of the facility (e.g., bank, restaurant, retail, etc.). Refer to Section 130.35.030 (Off-street Parking and Loading Requirements) in Article 3 (Site Planning and Project Design Standards) of this Title. Spaces designated for mobile order pick-up, and waiting area parking shall count toward the minimum overall parking requirements.

8. Noise. Any drive-through speaker system shall not exceed thresholds set forth in Table 130.37.060.1 (Noise Level Performance Standards for Noise Sensitive Land Uses Affected by Non-Transportation Sources) in Article 3 (Site Planning and Project Design Standards) of this Title. The system shall be designed to compensate for ambient noise levels in the immediate area. At no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site.

9. Maintenance. The drive-through facility shall be properly maintained in accordance with conditions of approval. If subject to a Conditional Use Permit, see Table 130.22.020—Allowed Uses and Permit Requirements and Table 130.23.020—Industrial/R&D Zones Use Matrix in Article 2 (Zoning Ordinance Zones, Allowed Uses, and Zoning Standards) of this Title.

Figure 130.40.140.A Drive-Through Facility (Typical Example)

[Figure]

(Ord. No. 5127, §§ 6, 7, 9-1-2020)

A. Applicability. A guest house attached to or detached from the primary dwelling may be established as an accessory use in any zone allowing single-unit residential development, subject to the general development requirements in Subsection B (General Development Requirements) below in this Section.

B. General Development Requirements. A guest house shall conform to the setbacks, height limits, lot coverage, and other requirements of the zone in which it is located, as well as the following:

1. Floor Area Limitation. The maximum floor area allowed for a guest house is 600 square feet. Floor area shall be measured from the outside of the exterior guest house walls including all enclosed habitable or potentially habitable space.

2. Limitation on Use. As defined under Article 8 (Glossary: See "Guest House") of this Title, a guest house:

a. May contain a living area, a maximum of two bedrooms, and one bathroom. The living area may include a wet bar, as defined in Article 8 (Glossary) of this Title. A laundry facility and kitchen or cooking facility, or room for installation of a stove, full size refrigerator, or sink other than the bathroom and wet bar sinks, shall be prohibited;

b. Shall be used for temporary, non-commercial sleeping quarters by visitors of the property owner/lessor; and

c. Shall not be provided an electric meter separate from the primary dwelling.

A. Contents. This Section provides opportunities for home-based businesses compatible with surrounding residential and agricultural uses in order to encourage home workplace alternatives, promote economic self-sufficiency of county residents, reduce commuting on U.S. Highway 50, while minimizing conflicts with adjacent property owners, maintaining the residential character of neighborhoods, and protecting the public health, safety, and welfare.

B. Applicability. A home occupation, as defined in Article 8 (Glossary: see "Home Occupation") of this Title, shall be allowed in any zone that allows single- or multi-unit residential use in compliance with the standards and permitting requirements of this Section as shown in Table 130.40.160.1 (Home Occupation Use Matrix) below in this Section.

Table 130.40.160.1—Home Occupation Use Matrix

C. Standards. A home occupation shall be allowed in compliance with the following standards and Title 5 (Business Taxes, Licenses and Regulations) in the County Code of Ordinances:

1. All business is conducted within permitted structures on the lot or outdoors provided the business is screened from a right-of-way or road easement. The appearance of the structure shall not be altered nor shall the occupation be conducted in a manner that would cause the structure to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, except where required under Subsection C.5 below in this Section.

2. For home occupations conducted in any part of a garage or a detached building, the activity shall not be visible from a right-of-way or road easement, nor shall it require vehicles of the property owner to be routinely parked on the street.

3. The business shall be owned and operated by a person or persons residing on the premises. The business owner may have on-site meetings with other business personnel who provide support service to the home occupation, such as accountants and transcribers. Full or part-time employees under the direct payroll and supervision of the business owner, or an independent contractor shall be allowed to work at the site of the home occupation subject to Subsection C.5 below in this Section, and as shown in Table 130.40.160.2 (Home Occupation Employee Limits) below:

Table 130.40.160.2—Home Occupation Employee Limits

4. Retail sales may occur on the premises by appointment, only, or when conducted by telephone, mail, or internet, with delivery occurring off-site.

5. A change of use for that portion of a structure utilized as an office, workroom, sales area, or restroom facilities for employees or commercial customers may require a building permit.

6. As part of the home occupation, no equipment or process shall be used that creates noise, vibration, dust, glare, fumes, odors, or electrical interference detectable to the normal senses off-site. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers, or that causes fluctuations in line voltage off-site. Businesses that do not meet these standards may be subject to a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

7. Commercial delivery vehicles that are normally associated with residential uses may be utilized for the pick up or delivery of materials related to the home occupation.

8. Heavy Commercial Vehicles, as defined in Article 8 (Glossary: See "Vehicle, Heavy Commercial") of this Title are allowed as follows:

a. Agricultural, Rural Lands (RL), and Resource zones (See Chapter 130.21: Agricultural, Rural, and Resources Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards), may be stored on-site.

b. On lots five acres or larger and in Residential Estate (RE) may be stored on-site providing they are not visible from a right-of-way or road easement, except when in use.

c. On lots larger than or equal to one acre but less than five acres and are zoned R2A or R3A, commercial vehicles are allowed provided that the vehicle is stored or parked on-site within an enclosed structure or screened from public view when not in use.

d. On lots less than one acre or lots zoned RM, R1, R20K and R1A, no heavy commercial vehicles used as part of the home occupation shall be stored or parked on-site or on the road frontage.

9. Goods or materials used or manufactured as part of the home occupation shall not be visible from a right of way or road easement.

10. Any materials used or manufactured as part of the home occupation may be subject to the review and approval of Environmental Management and the applicable fire department prior to business license sign off by the Department.

11. The total acreage of contiguous lots under same ownership shall be used to determine the number of employees, customers and clients allowed for a home occupation.

12. Student instruction shall be provided by appointment only, subject to the following standards:

a. Group lessons shall be limited to a maximum of six students per group lesson at any one time, once per day, on parcels less than one acre, or twice per day on parcels one acre or greater, provided adequate parking is available. Parking space that meets on-site residential requirements, as well as available parking space along the road frontage may be used.

b. No concerts, recitals, performance events, or showings shall be held on the site unless in compliance with Subsection D (Student Instruction—Administrative Permit Required) below in this Section.

c. Student instruction shall be allowed between the hours of 7:00 a.m. and 9:00 p.m.

13. The following home occupations shall be allowed by right in Agricultural, Rural Lands and Resource zones, and Residential Estate (RE) zones (See Chapters 130.21: Agricultural, Rural, and Resources Zones, and 130.24: Residential Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, on lots with a minimum size of ten acres, in compliance with the standards under Subsection C.12 (Standards) above in this Section:

a. Horseback riding lessons or similar instruction involving animal husbandry.

b. Horse boarding providing the use or training of the horse(s) is limited to their owners or lessees.

D. Student Instruction—Administrative Permit Required. An Administrative Permit shall be required when a home occupation exceeds the standards under Subsections C.12 or C.13 (Standards) above in this Section. An Administrative Permit for a home occupation under this Subsection shall only be approved when the Director finds that the standards being exceeded will not change the residential character of the neighborhood based on the attendance numbers, frequency or duration of the event, and nature of the use. If applicable, the location of an accessory structure relative to adjacent residential uses shall be considered, as well. In addition to all other standards under Subsection C (Standards) above in this Section, permit approval shall be subject to compliance with the following standards:

1. The site of the home occupation either has direct access to a public or private road that conforms to Standard Plan 101C, or the property owner participates in a road maintenance association.

2. The total number of vehicle round trips to the site generated by students receiving group lessons shall not exceed 12 per day.

3. There shall be adequate parking on the site to accommodate recitals or concerts, in addition to the required residential parking spaces. Added parking areas shall be located outside of any setback areas for the zone, in compliance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title. Available parking along the road frontage may also be used.

4. A proposed accessory structure for the purpose of conducting recitals or concerts shall be allowed as follows:

a. For lots less than one acre, one structure of 600 square feet, maximum.

b. For lots one acre or larger, one structure of 1,600 square feet, maximum.

E. Signs. Signs identifying authorized home business activities on the site shall be subject to the standards in Table 130.36.070.3 (Sign Standards for Home Occupation Signs) in Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title. All signs shall be compatible in design with the residential structures on-site and shall not be illuminated.

F. Limitations on Home Occupations. The following uses occurring on the site are not compatible with residential activities on parcels less than one acre, and shall not be allowed as home occupations. For parcels one acre or greater, the following uses occurring on the site as indicated below are subject to a Use Permit as specified in Table 130.40.160.1 (Home Occupation Use Matrix) above in this Section:

1. Motor vehicle and other vehicle repair or maintenance (body or mechanical) including, but not limited to the repair of engine, muffler, or drive train components of the vehicle; and upholstering, painting, or detailing work, except as provided in Section 130.40.380 (Vehicle Maintenance, Repair, and Storage Accessory to a Residential Use) below in this Chapter.

2. Storage of motor vehicles, including but not limited to automobiles, motorcycles, heavy commercial vehicles, recreational vehicles, trailers, and boats(motorized or not), except as provided in Section 130.40.380 (Vehicle Maintenance, Repair, and Storage Accessory to a Residential Use) below in this Chapter.

3. Carpentry and cabinet making, with the exception of woodworking that results in the creation of small wood products or single orders of furniture where delivery occurs off-site or on-site by appointment only.

4. Food preparation and food sales, except as part of a catering business where prepared food will be delivered off-site, subject to Environmental Health permit requirements.

5. Commercial kennels or catteries.

6. Medical and dental offices, clinics, and medical laboratories.

7. Veterinary services, with the exception of those considered an 'agricultural support service', as defined in Article 8 (Glossary) of this Title and subject to the standards in Section 130.40.070 (Agricultural Support Services) above in this Chapter.

8. Repair shops or service establishments, with the exception of repairing small electrical appliances, cameras, or other similar items where pick-up and delivery occurs off-site or on-site by appointment only.

9. Commercial stables, as defined in Article 8 (Glossary: See "Stables: Commercial") of this Title, which shall be subject to Subsection 130.40.210.C (Outdoor Recreation Facilities) below in this Chapter.

10. Large-scale upholstering service, with the exception of upholstering single orders of furniture or other objects where pick-up and delivery occurs off-site.

11. Welding and machining, except when incidental to small scale production or parts assembly; or work or craft that is the activity of creative artists.

G. Conditional Use Permit. Where a proposed home occupation exceeds the standards under Subsections C.1 through C.11 (Standards), or Subsection D (Student Instruction—Administrative Permit Required) above in this Section, a Conditional Use Permit shall be required in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

(Ord. No. 5127, § 8, 9-1-2020)

A. Applicability. This Section applies to lodging facilities, as defined in Article 8 (Glossary), that are located outside of commercial zones where allowed under the use matrices for the zones. This Section does not apply to Vacation Home Rentals (see Section Chapter 5.56: Vacation Home Rentals in Title 5—Business Taxes, Licenses and Regulations).

B. General Standards. Lodging facilities shall be subject to the general standards below in this Section. In addition, the specific use standards under Subsections C-E (Agricultural Lodging, Bed and Breakfast Inns, Health Resort and Retreat Center, respectively) below in this Section shall apply.

1. Lodging facilities proposed within Agricultural Districts, as identified on the General Plan land use maps, on or adjacent to land zoned Planned Agriculture (PA), Limited Agriculture (LA), Agricultural Grazing (AG), Forest Resource (FR), or Timber Production (TPZ) must be reviewed by the Ag Commission for compatibility with surrounding agricultural land uses or on agriculturally zoned lands prior to action by the review authority.

2. The applicant must demonstrate to the satisfaction of the Environmental Management Department that the facilities meet all applicable health standards including, but not limited to, kitchen facility, water, and sewage disposal permit requirements.

3. Unless superseded by the regulations under this Section, guest accommodations shall be allowed in compliance with the development standards of the respective zone and Article 3 (Site Planning and Project Design Standards) in this Title.

4. Signs: See Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) in this Title.

5. Lodging facilities shall have direct access to a maintained road in conformance with Department of Transportation standards. The entrance, parking area, and walkways shall be kept free of obstructions or hazards of any type. With the exception of Agricultural Homestays, Guest Ranches, and Agricultural and Timber Resource Lodging, the entrance, parking and walkways shall be illuminated in compliance with Chapter 130.34 (Outdoor Lighting) in Article 3 (Site Planning and Project Design Standards) in this Title.

6. Lodging facilities shall provide off street parking at a ratio of one space per each guest room, plus two spaces required for the primary dwelling. Guest parking shall be subject to the following:

a. No guest parking shall be allowed within the required front or side yard setback.

b. Tandem parking, meaning two cars parked one behind the other, may be allowed. Denser parking lot configurations may be allowed if valet parking is provided.

c. Guest parking shall be designed to prohibit the backing of vehicles directly into any public right of way in order to exit any parking space.

d. The parking area provided for a lodging facility may have a gravel surface.

7. A lodging facility consisting of five or fewer guestrooms shall be considered a single-unit residential dwelling or lodging house for the purpose of building codes, unless additional standards are required by said codes, as amended from time to time and adopted by the County. Six or more guestrooms within one structure shall be subject to further requirements under the building codes.

8. The operation of a lodging facility shall be subject to Title 3 (Revenue and Finance), Chapter 3.28 (Transient Occupancy Tax) and Title 5 (Business Taxes, Licenses and Regulations), Chapter 5.08 (License Requirements and Procedure) of the County Code of Ordinances. The business license shall be posted in a conspicuous place on the premises prior to operation of the business.

9. Ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests may be allowed as part of a Conditional Use Permit (Section 130.52.021: Conditional Use Permits) or subject to a Temporary Use Permit (Section 130.52.060: Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title, if applicable.

10. If not already required under the allowed use matrix, a Conditional Use Permit shall be required, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, when a proposed use exceeds the general standards in this Subsection.

C. Agricultural Lodging Table 130.40.170.1 (Agricultural Lodging) below identifies the allowed agricultural lodging facilities subject to the provision below.

Table 130.40.170.1: Agricultural Lodging

1. Agricultural Homestays.

a. The applicant shall demonstrate to the satisfaction of the Agricultural Department that the site meets the minimum qualifications for agricultural or grazing use as set forth under the minimum criteria for a Williamson Act Contract, whether the property is under Contract or not. The adopted Williamson Act criteria for lots between ten and 20 acres shall also apply on similarly sized lots, whether they are under Contract or not.

b. The use is limited to a maximum of three guest rooms for up to six guests at any one time.

c. The property owner shall reside on-site.

d. Meals may be served to overnight guests, only. There are no limitations on the number of meals or the times at which they are served. The price of food shall be included in the price of the overnight accommodations in compliance with the California Retail Food Codes enforced by the County (California Health and Safety Code Section 113893).

e. Uses which do not meet the above criteria may be considered as a Bed and Breakfast Inns under Subsection D (Bed and Breakfast Inns), below in this Section.

2. Agricultural and Timber Resource Lodging.

a. Minimum lot size—Ten acres.

b. The applicant shall demonstrate to the satisfaction of the Agricultural Department that the site meets the minimum qualifications for agricultural or grazing use as set forth under the minimum criteria for a Williamson Act Contract, whether the property is under contract or not.

c. Lodging in TPZ shall be subject to Subsection 130.40.350.G (Required Findings to Support Residential, Recreational and Other Non-Timber Uses) below in this Chapter.

3. Guest Ranch.

a. The applicant shall demonstrate to the satisfaction of the Agricultural Department that the site meets the minimum qualifications for agricultural/grazing use as set forth under the minimum criteria for a Williamson Act Contract, whether the property is under contract or not.

b. Meals may be served to registered day use or overnight guests, only. There are no limitations on the number of meals or the times at which they are served.

D. Bed and Breakfast Inns.

1. Bed and breakfast inns shall be considered an expanded home occupation in residential and agricultural zones and a compatible use in commercial zones.

2. The bed and breakfast inn may provide up to a maximum of 20 guestrooms, which shall be contained within the primary and accessory dwelling units and guest house only, in compliance with the development standards of the applicable residential or agricultural zones.

3. The property owner shall reside on-site.

4. Meal service shall be limited to registered guests and shall consist of breakfast and light snacks as a portion of the overall room rate in compliance with the California Retail Food Codes enforced by the County (California Health and Safety Code Section 113893).

5. The Conditional Use Permit may authorize limited ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests, subject to conditions of approval that include, but are not limited to, restrictions upon the frequency and time of holding events, duration thereof, and the maximum number of persons attending. Food preparation, except for the aforementioned breakfast and light snacks, shall not be allowed within the bed and breakfast inn. Unless expressly authorized in the Conditional Use Permit, such ancillary activities are prohibited.

A Temporary Use Permit for an ancillary activity may be processed in situations where special events are not authorized under the Conditional Use Permit for the bed and breakfast inn, in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. Applicable conditions shall be imposed, as determined necessary by the review authority, which restrict the number of people attending and offset other related impacts, in order to maintain the residential character of the surrounding neighborhood.

6. New construction proposed on a bed and breakfast inn site, including buildings not necessarily proposed for bed and breakfast inn use, or exterior remodeling of the building(s) to be used for guest accommodations, is subject to architectural review by the review authority as part of the Conditional Use Permit process, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. This determination will be based on building materials, compatibility with neighborhood building style, and any historic style indigenous to the area.

E. Health Resort and Retreat Center.

1. Health resorts and retreat centers shall be considered an expanded home occupation in residential zones and may be a compatible use in Agricultural, Rural Lands and Resource Zones, Commercial and Special Purpose zones.

2. Prior to action by the review authority, lots adjacent to or within Agricultural zoning must be reviewed by the Ag Commission for compatibility with surrounding agricultural uses prior to action by the review authority.

3. Meals may be served to registered day use or overnight guests, only. There are no limitations on the number of meals or the times at which they are served.

4. The Health Resort and Retreat Center may provide up to a maximum 20 guestrooms within one or more structures, in compliance with the development standards of the applicable residential or agricultural zones.

(Ord. No. 5097, § 2, 1-8-2019; Ord. No. 5152, §§ 11, 12, 11-16-2021)

A. Applicability. Residential development may occur with the commercial development allowed in Chapter 130.22 (Commercial Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title under the use matrices for the zones. Commercial development may occur with residential development allowed in Chapter 130.24 (Residential Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

B. General Requirements. The following requirements shall apply to all mixed use development projects:

1. Commercial and residential uses shall be complementary and mutually supportive of each other and shall be integrated into the community or neighborhood where the development is located.

2. The residential component shall be allowed on separate lots within the development.

3. The residential component may include a full range of single-unit and/or multi-unit residential design concepts.

4. Mixed use development projects may be phased.

5. Mixed use development may include live/work units. A live/work unit is defined as a single unit consisting of both a commercial/office and a residence that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

6. Mixed use development projects in Community Regions shall be designed consistent with the Mixed Use Design Manual, adopted by the Board on December 15, 2015 and reformatted on April 24, 2018 (Resolution 197-2015) and the adopted community design standards and guidelines for each Community Region. Until such time as permanent design standards and guidelines are adopted for a particular Community Region, mixed use development projects shall be consistent with either the Interim Objective Design Standards for Streamlined Ministerial Projects or the Interim Design Standards and Guidelines for Multifamily, Mixed-Use or Commercial Projects, whichever is applicable, as adopted by the Board on December 3, 2024 (Resolutions No. 214-2024 and 215-2024, respectively). Mixed use projects that deviate from the standards of the Mixed Use Design Manual or applicable community design standards shall require a Design Review Permit.

7. Mixed use development projects in Rural Centers or the Rural Region shall be encouraged to comply with the standards and guidelines found in the adopted Mixed Use Design Manual.

C. Development Standards.

1. At least 30 percent of the gross floor area of the mixed use development project shall be devoted to commercial uses. "Gross floor area" as used within this Section does not include inner courtyards and exterior stairwells or balconies.

2. The maximum density for the residential use component shall be 20 dwelling units per acre in Community Regions and ten dwelling units per acre in Rural Centers or developments without a public sewer connection.

3. Minimum residential dwelling unit area shall comply with the building code.

4. The gross floor area of commercial use in a mixed use development on RM zoned land shall not exceed 15 percent of the gross floor area of the project.

5. Setbacks: Notwithstanding Sections 130.22.030 (Commercial Zone Development Standards) and 130.24.030 (Residential Zone Development Standards) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, front setbacks for mixed use development projects shall be as follows:

Table 130.40.180.1—Front Setbacks for Mixed Use Development

Mixed use buildings shall have no minimum side and rear setbacks if the building has a fireproof wall with no openings that meets all building and fire code requirements. Otherwise, side and rear setbacks shall be a minimum of five feet.

6. Parking shall be subject to the requirements in Chapter 130.35 (Parking and Loading) and Chapter 130.33 (Landscaping Standards) in Article 3 (Site Planning and Project Design Standards) of this Title. Notwithstanding the requirements of Chapter 130.35 (Parking and Loading), parking shall be required as follows:

Table 130.40.180.2—Parking Requirements

a. On-street parking spaces located within 400 feet of the project may be credited to meet up to 50 percent of the minimum required off-street parking spaces. On-street parking allowed by this provision shall not be counted toward the maximum amount of parking allowed.

b. The Director may reduce the minimum off street parking requirements by up to 100 percent for mixed-use projects meeting at least one of the following requirements:

(1) The project is sited within one-quarter mile of a public or private parking lot that can accommodate the off-street requirements.

(2) The project developer or owner contributes into a "public parking lot development fund" based upon the number of required off-street parking spaces.

7. On-site pedestrian walkways or sidewalks connecting the residential and commercial components, as well as connecting to adjacent commercial, residential, and civic uses, shall be provided for pedestrian safety.

D. Findings. To assure the proposed development meets the intent of this Section for mixed use development the following findings shall be made prior to approving a mixed use project:

1. The development contains complementary and connected uses that are mutually supportive of each use, provides a significant functional interrelationship, and are integrated into the community or neighborhood it is located.

2. The development creates an appropriate internal and external human scale, and provides for pedestrian comfort and amenities.

3. The development is an integrated project as to land use, building design, and site layout, with a coherent physical design.

(Ord. No. 5219, § 2, 12-3-2024; Ord. No. 5241, § 9, 8-19-2025; Ord. No. 5256, § 3, 3-3-2026)

A. Applicability. A mobile or manufactured home (hereinafter referred to as "mobile home") or a recreational vehicle (RV) may be allowed for temporary or permanent use in compliance with the provisions of Chapter 110.64 (Mobile Home Regulations) of Title 110 (Buildings and Construction) of the County Code of Ordinances, the development standards of the zone, and the provisions of this Section.

B. Permit Requirements.

1. Residential Dwellings. In all zones that permit detached, single-unit residential or multi-family dwellings by right, the permanent placement of a mobile/manufactured home as primary and/or accessory dwelling unit shall be allowed.

2. Temporary While Constructing. One mobile home or recreational vehicle may be placed on a lot for the purpose of habitation during the construction of a permitted primary dwelling or during major repair of a damaged dwelling that is uninhabitable. A temporary occupancy permit shall be obtained from Building Services for the mobile home or recreational vehicle, and an active building permit must remain in effect for the primary dwelling.

3. Hardship Purposes. One temporary mobile home may be allowed on a lot measuring one acre or larger, in compliance with permit requirements under Section 130.52.050 (Temporary Mobile Home Permit) in Article 5 (Planning Permit Processing) of this Title only when there is an existing primary dwelling and the temporary mobile home is for the following uses:

a. To provide temporary housing or shelter for the owner or members of the household and/or to allow for in-home care of household members who reside on the lot.

b. To provide caretaker assistance to the elderly or disabled homeowner(s) in their personal care and/or protection of their property. The elderly or disabled homeowner(s) must reside on site. Under this Section, "elderly" shall mean a person 62 years of age or older.

4. Contractor's Office. One or more mobile home(s) may be used exclusively as a temporary office for contractors engaged in construction projects during the course of construction of the project where an active building, grading, or other permit remains in effect, subject to the following provisions:

a. A temporary contractor's office may be located on the same property as the construction project subject to approval of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title.

b. A temporary contractor's office may be located off-site subject to approval of a Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title.

c. A temporary contractor's office located on or adjacent to agricultural or resource zoned land shall be subject to review by the Agricultural Commissioner.

5. Construction Employee Housing. The temporary placement of one or more mobile homes or recreational vehicles to provide construction-related employee housing may be allowed subject to the use matrices for the zones. Such temporary housing shall be limited to projects in remote areas where permanent housing is infeasible and where a mobile home park, recreational vehicle park, or campground space are unavailable. A temporary occupancy permit shall be obtained from Building Services for the mobile home(s) or recreational vehicle(s), and an active building permit must remain in effect for the construction project.

6. Agricultural Employee Housing. One or more mobile homes may be used for housing agricultural employees and their immediate families in compliance with the requirements under Section 130.40.120 (Commercial Caretaker, Agricultural Employee, and Seasonal Worker Housing) above in this Chapter.

7. Caretaker Housing. On lots that contain commercial, industrial, recreational, or civic uses including public and private schools and churches, one mobile home may be placed on the lot or contiguous lots under common ownership for the purpose of providing housing for a caretaker in compliance with the requirements of Section 130.40.120 (Commercial Caretaker, Agricultural Employee, and Seasonal Worker Housing) above in this Chapter.

8. Temporary Housing Option Recreational Vehicle. One "temporary recreational vehicle" (TRV) may be allowed on a lot measuring one acre or larger, in compliance with permit requirements under Section 130.52.050 (Temporary Mobile Home Permit) in Article 5 (Planning Permit Processing) of this Title.

a. A "temporary recreational vehicle" (TRV) is defined in this Section as meaning a motor home or travel trailer with or without motive power, originally designed for human habitation that is: Designed for recreational or emergency occupancy; contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; contains 400 square feet or less of gross area measured at maximum horizontal projections; is built on a single chassis; is self-propelled or permanently towable on California roadways bearing the State or Federal insignia of approval for recreational vehicles and maintains current registration with the Department of Motor Vehicles (DMV).

b. A TRV is for the following uses: To provide temporary housing for a property owner or family member and/or to allow for in-home care of family members who reside on the lot; or by a caretaker where the purpose of the caretaker is to assist elderly or disabled homeowner(s) with their personal care and/or the care and protection of their property. The elderly or disabled owner(s) must reside in the primary dwelling or accessory dwelling unit. Under this Section, "elderly" shall mean a person 62 years of age or older.

c. Exceptions: A TRV may be allowed on a lot of less than one acre in the event of fire, flood, or other disaster, which has destroyed or damaged a dwelling to the point where it is no longer habitable and the property owner needs a temporary mobile home or TRV in which to reside.

d. The urgency ordinance for temporary housing options from which this Subsection is derived is set to sunset from this Title three years from the date of adoption (December 2, 2020), upon which date no new TRV permits may be issued or renewed.

C. Temporary Mobile Home Removal. Where the permit has expired in compliance with Subsection 130.52.050.E (Permit Expiration) in Article 5 (Planning Permit Processing) of this Title, the mobile home or recreational vehicle shall be removed from the property within 30 days following the date of expiration. The applicant shall be required to obtain a demolition permit in order that the County can verify that water, sewer or septic systems, and other utilities are disconnected and the unit is removed from the site.

(Ord. No. 5136, § 2, 12-2-2020; Ord. No. 5152, §§ 13, 14, 11-16-2021)

A. Applicability. Commercial or public outdoor recreational facilities are subject to the provisions of this Section where allowed under the use matrices for the zones. The standards under this Section do not apply to private recreational facilities such as swimming pools or tennis courts, that are accessory to an individual residence, a planned community or a multi-unit residential complex and not open to the public, or that are accessory to a school.

B. Permit Requirements. Where allowed under the use matrices for the zones, those commercial or public outdoor recreational facilities allowed by right shall be subject to the building permit process, while those subject to Administrative or Conditional Use Permit approval shall be reviewed for impacts to the surrounding area. In addition, the specific use standards under Subsections D-G (Hunting/Fishing Club, or Farm; Off -highway or Off-road Vehicle area; Parks, Day Use; Swimming Pools and Tennis Courts, respectively) below in this Section shall apply.

C. Commercial Stables. Stables that provide horses for hire at an hourly, daily or weekly rate, commercial boarding and training of horses, or riding lessons that exceed the standards of a home occupation shall be subject to the following minimum standards:

1. Minimum Lot Size—Ten acres.

2. Setbacks. Under this Subsection, commercial stables, barns, and other structures used for or intended to be used for the sheltering of horses and/or other animals shall comply with the setback requirements of the zone in which they are located, except that the minimum setback from any residentially-zoned property shall be 100 feet.

3. Parking and Loading. Horse trailer parking spaces required under Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title shall be located a minimum of 50 feet from any public road or right-of-way.

4. Arenas. Training arenas shall have a minimum setback of 100 feet from any residentially-zoned property. Arenas used for shows or events where more than 10 people could congregate at any one time shall be subject to a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

5. Equestrian Trails. Prior to Department approval of a permit for a commercial stable where the public may be riding off of the premises, the applicant shall demonstrate access to a trail easement for equestrian purposes. Proposed commercial stables adjacent to trail easements may be required to dedicate land for trail access points, as determined by the Director.

a. If horses will be traveling on a roadway, written approval shall be submitted from the following:

(1) Private road: Any road maintenance association or other entity created for road maintenance. The operator of the stable shall provide sufficient written documentation to provide proof of the right to use the private road for the proposed use.

(2) County road: Department of Transportation.

(3) State highway: Caltrans and the California Highway Patrol.

D. Hunting/Fishing Club, or Farm.

1. Minimum Lot Size—20 acres.

2. Lodging Facilities Accessory. Where applicable, lodging facilities accessory to this use shall be consistent with the standards under Subsection 130.40.170.B (Lodging Facilities: General Standards) above in this Chapter.

E. Off-highway or Off-road Vehicle area. Uses within this Subsection shall include but not be limited to go-cart, motocross, all-terrain vehicle, snowmobile, and miniature auto tracks for recreational purposes. The following standards shall apply:

1. Residential Zones. Where allowed in the use matrices for the zones, the noncommercial on-site use of recreational off-road vehicles shall be subject to the following provisions:

a. Minimum Lot Size—five acres;

b. Compliance with all applicable development standards under this Title to include, but not be limited to:

(1) Noise and outdoor lighting standards;

(2) Issuance of grading and encroachment permits where applicable;

(3) County erosion, dust control, and air quality standards; and

(4) Equipment requirements under Subsection E.2 (Non-residential Zones) below in this Section.

2. Non-residential Zones. Where allowed in the use matrices for the zones, any commercial or public off-road vehicle (OHV) recreation area shall require all vehicles using the site to be equipped, at a minimum, with the following:

a. Spark arrestors of a type approved by the U.S. Forest Service;

b. Noise suppression devices, such as mufflers or silencers, which limit exhaust noise emissions in compliance with threshold levels under Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title. No exhaust system or noise suppression device shall be equipped with a cutout, bypass, or similar device, nor shall it be modified in such a manner to amplify or increase the noise emitted by the subject vehicle; and

c. Licensing to the extent required by law.

F. Parks, Day Use. Uses within this Subsection include neighborhood, community, and regional parks and picnic areas. The following standards shall apply:

1. Use and operation of park facilities shall be limited to daylight hours.

2. Playground equipment shall be centrally located on the park site, or situated in a way that minimizes noise impacts on adjacent residential property owners.

3. Landscaping and parking shall comply with the standards set forth in Chapters 130.33 (Landscaping Standards) and 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

4. Signs shall be in compliance with Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title.

5. Lighting shall be limited to security lighting only. Temporary lighting to extend daytime use of the park facilities shall be prohibited.

G. Swimming Pools and Tennis Courts.

1. The facilities under this Subsection shall be subject to the standards under Subsection F (Parks, Day Use) above in this Section except as follows:

a. A noise analysis will be required for a swimming pool facility within 500 feet of a residential zone, prior to permit approval. If the noise analysis shows that the noise levels will exceed the daytime standards of Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title, a Conditional Use Permit shall be required in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

b. When open for nighttime use, a Conditional Use Permit shall be required, subject to Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

A. Content. This Section is regulates the operation of permanent and temporary outdoor retail.

B. Permanent Outdoor Retail Sales. Areas of commercial development intended to be used for outdoor retail sales on a permanent or ongoing basis shall be allowed where shown in the use matrices for the zone. Outdoor retail sales areas may be conducted as a primary use, such as a vehicle sales lot or plant nursery, or as an accessory use, such as a sales yard, nursery area, or vending machine in conjunction with a building materials or other retail store. Outdoor seating at a restaurant, whether conducted as a primary or accessory use, shall also be subject to the standards of this Subsection. The following standards shall apply:

1. A permanent outdoor retail sales area shall be distinct and separate from parking and loading areas, walkways, and landscaping areas.

2. Sales areas shall be included in square footage calculations when determining parking requirements under Section 130.35.030 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

3. All development standards under the specific zone shall apply, as well as those general standards applicable to the site plan, such as landscaping, lighting, signs, and noise (See Chapters 130.33 (Landscaping Standards), 130.34 (Outdoor Lighting), 130.36 (Signs), and 130.37 (Noise Standards)) in Article 3 (Site Planning and Project Design Standards) of this Title.

4. A permanent outdoor retail sales area shall be screened from the side and rear property lines adjacent to residentially zoned property.

5. Surfacing requirements of the outdoor sales area shall consist of concrete or asphalt pavement, chip seal, gravel, or other material that can be maintained in a dust-free condition. Vehicle access and parking areas shall be surfaced in compliance with County design standards.

C. Temporary Outdoor Retail Sales. Temporary outdoor retail sales such as farmers' markets, arts and craft fairs, seasonal sales, swap meets/flea markets, sidewalk sales, and mobile food vendors are allowed subject to the issuance of an Administrative Permit (See Section 130.52.010: Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, unless otherwise specified below and under Subsections D through H (Certified Farmers' Markets; Garage Sales; Seasonal Sales; Swap Meets/Flea Markets; Itinerant Sales, respectively) below in this Section. The following standards shall apply:

1. Location. The temporary sales area shall not block any emergency access route or otherwise disrupt general vehicular or pedestrian circulation of the shopping center or public street on which the retail business is located.

2. Hours of Operation. The temporary sales area shall be conducted during daylight hours only, with all sales facilities, signs, and any related vehicles removed from the site at the close of daily business. Except where otherwise prohibited by this Section, night operations are allowed only when specifically authorized through Temporary Use Permit approval (See Section 130.52.060: Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title.

3. Parking Requirements. Parking requirements shall be in conformance with Table 130.35.030.1 (Schedule of Off-Street Vehicle Parking Requirements) in Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title for each specific use. Parking shall be available to accommodate employee and customer parking needs either on-site or on adjacent to property, provided a shared parking agreement between the applicant and the adjacent property owner has been notarized and submitted with the application. Parking along the road frontage(s) may be allowed subject to the review and approval of the Department of Transportation. If the temporary sales area is located within an existing parking lot, adequate alternative parking must be available.

4. Surfacing. Surfacing materials shall comply with Subsection B.5 (Permanent Outdoor Retail Sales) above in this Section.

5. Signs. Signs allowed in conjunction with temporary outdoor retail sales are subject to provisions of Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title for size and placement standards. Sign placement shall be limited to one day prior to the first day of the sales event and removal shall be required at the close of business on the last day of the event.

6. Duration. Unless otherwise stated in Subsections D through H (Certified Farmers' Markets; Garage Sales; Seasonal Sales; Swap Meets/Flea Markets; Itinerant Sales, respectively) below in this Section, a sales event shall run no more than three consecutive days in the same location, with no more than three such sales events occurring during a calendar year beginning January 1. This standard may be modified through Temporary Use Permit approval where it is found that the proposed site will be provided with adequate parking and restroom facilities and that the surrounding area can sustain traffic volumes generated by the sales event without adverse effects in the area.

D. Certified Farmers' Markets. In addition to the standards under Subsection C (Temporary Outdoor Retail Sales) above in this Section, Certified Farmers' Markets are subject to all applicable provisions of Sections 47002 et seq. of the California Food and Agriculture Code and shall register with the Department of Agriculture, Weights and Measures. Certified Farmer's Markets are exempt from Subsection C.6 (Duration) above in this Section.

E. Garage Sales. Garage sales or similar uses may be allowed by right by the residents of the property only, subject to the following standards:

1. Garage sale activity shall not be conducted in the public right-of-way, including streets, sidewalks, parkways, or alleys.

2. Items sold at garage sales shall be used goods, wares, or merchandise of a household nature, and shall not have been acquired elsewhere for resale.

3. Single-unit residential dwellings shall be allowed a maximum of four garage sales per calendar year at the same address. Each garage sale may be allowed for up to 3 days and shall not exceed a total of 12 days per calendar year at the same address.

4. Multi-unit residential dwellings shall be allowed a maximum of two garage sales per calendar year per legal dwelling unit.

5. Garage sale advertising signs shall comply with the standards under Subsection 130.40.210.C.5 (Temporary Outdoor Retail Sales, Signs) above in this Chapter as to duration and with Chapter 130.16 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title, and further shall not be posted on telephone poles, streetlights, traffic signs, or any other structure or location within the public right-of-way.

6. Garage sales that exceed the standards provided in this Subsection shall be considered a temporary use requiring issuance of a Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title.

F. Seasonal Sales. Seasonal sales, as defined in Article 8 (Glossary: see "Seasonal Sales) of this Title, shall be subject to the following:

1. Time Limit. Seasonal sales products grown in a location separate from where they are sold shall be limited to a period of 45 consecutive days.

2. Merchandise. The area dedicated to seasonal sales shall not contain the sale of any merchandise not directly associated with the season identified by the applicant as the basis for the seasonal sales activity.

3. Location. Seasonal sales shall be conducted outside of any public right-of-way or road easement unless an encroachment permit is approved by the Department of Transportation. Off-site sales may utilize a shopping center parking lot subject to a maximum reduction of 20 percent of the total amount of available parking.

4. Hours of Operation. Seasonal sales shall be conducted between the hours of 8:00 a.m. and 10:00 p.m. unless otherwise restricted.

5. Lighting. Lighting shall be subject to the requirements in Chapter 130.34 (Outdoor Lighting) in Article 3 (Site Planning and Project Design Standards) of this Title.

G. Swap Meets/Flea Markets. These temporary events may be conducted on the site of another use established in compliance with this Title in a commercial or industrial zone, provided that such site is not adjacent to a residential zone.

1. Limitation on Use. The sale of vehicles is not allowed.

2. Site Surfacing. Portions of a swap meet site used for sales activities or pedestrian circulation shall be surfaced in compliance with Subsection B.5 (Permanent Outdoor Retail Sales) above in this Section or with planted and maintained lawn.

H. Itinerant Sales. Transient produce, food, flower, or merchandise stands that are not part of a temporary use or event authorized in compliance with this Section, are not authorized by another permit or license, or that are not operated as a produce stand in compliance with Section 130.40.240 (Produce Sales) below in this Chapter are prohibited.

A. Applicability. Private schools and their accessory uses allowed under the use matrices for zones allowing light manufacturing uses, as defined in Article 8 (Glossary: see "Light Manufacturing") of this Title, are subject to the standards and permitting requirements of this Section.

B. Exemptions. Trade schools that provide training in skills that would be compatible with the uses in zones allowing light manufacturing shall be exempt from this Section.

C. Permit Requirements. The use of light manufacturing facilities for private schools shall be subject to discretionary review. As part of discretionary approval, the review authority shall determine:

1. There is sufficient land or structures available in the adjacent area or business park in which the school is located to accommodate the expected demand for light industrial uses.

2. Sufficient outdoor play area is provided to accommodate the number of children anticipated or approved by the discretionary permit, with age-appropriate play facilities on the site of the school.

3. The location of the school will not detract from or compromise current or future light industrial uses in the vicinity.

4. The private school conforms to all other requirements of this Title, including, but not limited to parking and signs (Chapters 130.35 (Parking and Loading) and 130.36 (Signs), respectively) in Article 3 (Site Planning and Project Design Standards) of this Title.

D. General Standards.

1. Where it can be demonstrated that shared parking can accommodate the anticipated parking demand based on alternating use schedules, a school shall not be required to provide additional parking with the exception of meeting ADA requirements for access to the school building.

2. An adjacent site may be utilized for parking with submittal of a written, binding agreement with the adjacent land owner allowing use of their site for this purpose.

3. Utilization of parking and/or loading areas for outdoor play shall be prohibited.

4. A drop-off and pick-up area shall be provided that does not conflict with traffic flow or impact parking areas.

A. Applicability. The standards set forth in this Section shall apply to produce sales, as defined in Article 8 (Glossary: see "Produce Sales") of this Title, where allowed in the use matrices for the zones.

B. General Standards. Sale of produce grown on-site shall be subject to the following:

1. Sales may occur on-site subject to adequate off-road and/or road frontage parking.

2. One produce stand, as defined in Article 8 (Glossary: see "Produce Stand") of this Title, may be used subject to the following requirements:

a. The stand shall measure 200 square feet or less in size and be situated a minimum of 50 feet from the nearest side or rear property line.

b. An encroachment permit shall be secured from the Department of Transportation if the produce stand is accessed from a County road.

c. Parking requirements shall be in compliance with Table 130.35.030.1 (Schedule of Off-Street Vehicle Parking Requirements) in Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title. The parking area shall meet minimum setback standards for the zone and shall be designed to prevent vehicles from backing into the roadway. Said parking area may be of gravel or dirt surface, but dust control measures shall be implemented as needed to comply with Air Pollution Control District standards.

C. Value-added Agricultural Products. Value-added agricultural products, as defined in Article 8 (Glossary: see "Agriculture, Value-added Product") of this Title, created from products grown on-site, may be sold concurrently with agricultural products on-site. Products shall comply with all local, and state and federal laws and regulations.

D. Off-site Sales. No direct sales of produce grown off-site or of any other merchandise, including wholesale or retail nursery products, shall be allowed by right. Off-site produce sales, when in conjunction with a shared multi-farm produce stand, may be allowed subject to approval of a Minor Use Permit (See Section 130.52.020: Minor Use Permits) in Articles (Planning Permit Processing) of this Title.

E. Ranch Marketing. Produce sales in excess of the requirements of this Section, shall be subject to Chapter 130.44 (Ranch Marketing) below in this Article.

(Ord. No. 5177, § 4, 6-20-2023)

A. Applicability. Public utility infrastructure, as defined in Article 8 (Glossary: see "Public Utility Infrastructure") of this Title, may be established as an allowed use in any zone, subject to Subsections B through D (Allowed by Right; Administrative Permit Required; Conditional Use Permit Required, respectively) below in this Section, provided that the routes and site locations of the proposed lines or facilities be submitted to the Department for a finding of consistency with the General Plan during the preliminary planning stages, prior to the adoption of the routes and site locations(s) and/or acquisition of right-of-way.

B. Allowed by Right. Public utility infrastructure is allowed by right when said facilities do not exceed the height limit of the zone by more than 15 feet and do not create potential safety and health hazards to adjacent property owners, present or future.

C. Administrative Permit Required. Notwithstanding Subsection B (Allowed by Right) above in this Section, an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title shall be required for the following:

1. Overhead public utility infrastructure proposed to be constructed in the Airport Transportation Corridor (TCA) zone or Airport Safety (-AA) Combining Zone (See Section 130.27.100: Airport Noise and Safety Contour (-ANS) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title). Said permit shall be subject to the review and approval of the Airport Land Use Commission.

2. Public utility infrastructure that exceeds the height limitations of the zone, as set forth in Subsection B (Allowed by Right) above in this Section, but is less than 150 feet in height or does not comply with setback standards.

D. Conditional Use Permit Required. A Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title shall be required for the following:

1. Where the construction of the public utility infrastructure creates a potential safety or health hazard to adjacent property owners, present or future, as determined by the Director.

2. Where the construction of the public utility infrastructure exceeds 150 feet in height.

Editor's note— Ord. No. 5177, § 5, adopted June 20, 2023, repealed § 130.40.260, which pertained to ranch marketing, and derived from Ord. No. 5127, §§ 9, 10, adopted Sept. 1, 2020. See Chapter 130.44 for current provisions.

A. This Section is to facilitate the placement of recycling facilities to enhance waste stream reduction, while providing standards to ensure appropriate location, noise attenuation, and hazardous material handling to protect the public health, safety, and welfare.

B. Recycled Oil Collection Facilities. Used oil may be collected for recycling, subject to the following standards:

1. In all zones where automotive and equipment service, gasoline sales, small engine repair, and aircraft service and repair use types are allowed, the collection of used oil may be allowed by right, provided the use conforms to all applicable state laws and County requirements.

2. Recycled oil collection facilities located as a part of any use other than those listed in B.1 above in this Section shall be subject to an Administrative Permit based on the findings under Subsection C.2 (Recycling Collection Facilities) below in this Section, as well as all applicable state and County requirements.

C. Recycling Collection Facilities. Recycling collection facilities as defined in Subsection C.1 below in this Section, shall be allowed as a secondary use in General Commercial (CG), Community Commercial (CC), and Industrial Low (IL) zones by Administrative Permit, and allowed in the Commercial Rural (CRU) zone by CUP. Approval from the Director shall be granted if the proposed use and site plan are in compliance with the findings required in Subsection C.2 below in this Section.

1. "Recycling collection facilities" shall be defined for the purposes of this Section as:

a. Reverse vending machines, which are mechanical devices that accept one or more types of empty beverage containers and issue a cash refund or redeemable coupon. Some machines will also dispense coupons and promotional materials. The machines identify containers by reading the bar code, scanning the shape, or by other methods.

b. Mobile recycling units, which are properly licensed automobiles, trucks, trailers, or vans used for the collection of recyclable material such as aluminum, glass, plastic, and paper.

c. Small collection facilities no larger than 500 square feet, which are intended for collection only. They have room for limited day to day storage of material, and do not include power driven processing equipment except as part of reverse vending machines. Small collection facilities are usually located outdoors.

2. The following findings shall be made by the Director prior to Administrative Permit approval:

a. The facility is established in conjunction with an existing commercial or industrial use, or community service facility, and is in compliance with all applicable County Codes;

b. The facility itself is clearly marked to identify the name and telephone number of the facility operator and hours of operation, and displays a notice stating that no material shall be left outside the recycling enclosure or containers;

c. The facility's schedule will accommodate daily collection needs and storage capacity on the site;

d. The facility is set back a minimum of ten feet from any road easement, is screened from view from said easement, and does not obstruct pedestrian or vehicular circulation;

e. The facility is no larger than 500 square feet and occupies no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers;

f. The facility's occupation of existing parking space by its customers and attendant does not reduce available parking space below the minimum number required for the primary use of the site, unless all of the following conditions exist:

(1) The facility is located in a convenience zone, as defined in Article 8 (Glossary) of this Title, or a potential convenience zone, as designated by the California Department of Conservation;

(2) A parking analysis demonstrates that existing parking capacity is not already fully utilized by the primary use during the time the recycling facility will be on the site. A reduction of 20 percent of available parking in an established parking facility may then be allowed up to a maximum of 15 spaces. When the primary use is a community facility, a maximum reduction of five spaces will be allowed.

g. No additional parking space for a small collection facility will be required in an established parking facility. One space may be dedicated for the attendant, if excess parking is available;

h. Attended facilities located within 100 feet of a property zoned or occupied for residential use will limit their hours of operation between 9 a.m. to 7 p.m. and be fully screened from view from said residential property;

i. Containers for the 24 hour donation of materials are located at least 30 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustic shielding between the containers and the residential use that will reduce noise impacts consistent with Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards), and the containers are fully screened from view from said residential properties;

j. The collection containers are insulated so that noise generated by associated activities shall not exceed thresholds for non-transportation noise sources under Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards);

k. The facility will not use power driven processing equipment, except for reverse vending machines;

l. The facility shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when the attendant is not present;

m. The facility will use containers that will be of a sufficient capacity to accommodate the daily collection of materials. The containers will be constructed and maintained with durable waterproof and rust resistant material that will remain covered when the site is unattended, and secured from unauthorized entry and removal of material;

n. The facility will accept only glass, metals, plastic containers, and paper material. Containers are to be clearly marked to identify the type of material which may be deposited in each;

o. No advertisement, posters, or flyers will be attached temporarily or otherwise to the containers; and

p. The facility will be maintained free of litter and will be swept at the end of each collection day. All other undesirable materials are to be removed at the end of each collection day.

A. It is the policy of the County to conserve and protect agricultural land and to encourage agricultural operations within the County. Where nonagricultural land uses, including but not limited to residential development, extend into or are adjacent to areas of agricultural land, agricultural operations have become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to curtail or cease operations, and operators are discouraged from making investments in farm improvements to the detriment of the economic viability of the County's agricultural industry as a whole. It is the purpose and intent of this Section to reduce the loss to the County of its agricultural resources by limiting circumstances under which agricultural operations may be considered a nuisance. This Section is not to be construed in any way as modifying or abridging state law relative to nuisances, but is to be utilized in the interpretation and enforcement of the provisions of this Code and other applicable County regulations.

B. Definitions. As used in this Section, the following terms shall have the meanings set forth below:

"Agricultural Land" is lands which are zoned PA (Planned Agricultural), LA (Limited Agriculture), AG (Agricultural Grazing), FR (Forest Resource), and TPZ (Timberland Production Zone) or lands within a General Plan designated Agricultural District or lots with a General Plan land use designation of Agricultural Land (AL).

"Agricultural Operations" are activities relating to agricultural use including, but not limited to, the cultivation and tillage of the soil; the burning of agricultural waste products or other agricultural burning; the protection of crops and livestock from insects, pests, diseases, birds, predators, or other pests that damage or could potentially damage crops; the proper and lawful use of agricultural chemicals, including but not limited to the application of pesticides and fertilizers; or the raising, production, irrigation, pruning, harvesting, or processing of an agricultural commodity, including any type of crop or livestock, and any forestry improvements and timber harvesting and processing.

C. Nuisance. No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof. However, the provisions of this Subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal, or basin, or any public park, square, street or highway.

D. Role of Ag Commission. An interested party may submit a written request to the Ag Commission for an opinion as to whether a particular agricultural operation constitutes a nuisance. In the event a dispute arises between an owner of an agricultural operation and a resident (or residents) in or about the locality thereof as to whether a particular agricultural operation constitutes a nuisance, an interested party may submit a written request to issue an advisory opinion or mediate a dispute. The Agricultural Commissioner may promulgate such regulations as are necessary for the implementation of this Section. The County Farm Advisor from the University of California Cooperative Extension Service may serve as technical advisor to the Ag Commission.

E. Disclosure Notice. Every seller of any real property in the unincorporated areas of the County, either directly or through his/her authorized agent, shall provide to any prospective buyer a written disclosure statement advising the buyer of the existence of a Right to Farm Ordinance enacted by the County. Such disclosure statement shall contain or be accompanied by a copy of the Right to Farm Ordinance, Section 130.40.290 (Right to Farm) or successor, and the brochure provided by the County entitled "Agricultural Land Use in El Dorado County". The disclosure statement shall be substantially in the form promulgated by the Agricultural Commissioner, or his/her designee. The written disclosure statement shall include any agricultural setback requirements applicable to the property. The written disclosure statement also shall include a statement that intensive agricultural activities may be conducted on agricultural land within the County. The buyer shall sign a copy of the written disclosure statement acknowledging receipt of the disclosure and accompanying documents and deliver the signed copy to the seller or his/her authorized agent. The seller or his/her authorized agent shall retain the copy of the disclosure statement executed by the buyer in the escrow process.

A. This Section implements California Government Code Section 65852.2 et seq. regarding accessory dwelling units (ADUs) and California Government Code Section 65852.22 et seq regarding junior accessory dwelling units, to provide affordable housing alternatives, and to protect the public health, safety, and welfare of residents of El Dorado County. To the extent that the County has adopted less restrictive requirements for ADUs than the requirements set forth in state law for the development of ADUs, the less restrictive requirements shall apply.

B. Applicability. In all zones that permit single-family or multi-family residential development, the expansion of the primary dwelling or the construction of a new structure for the purpose of creating an accessory dwelling unit or a junior accessory dwelling unit is allowed by right, subject to the provisions of this Section. The accessory dwelling unit may be rented separate from the primary residence for a term of not less than 30 consecutive calendar days, but may not be sold or otherwise conveyed separate from the primary residence except as provided for in Government Code Section 65852.26.

C. Development Standards. The following development standards shall apply to all accessory dwelling units:

1. Maximum Floor Area. The floor area of an accessory dwelling unit shall be measured from the outside of the exterior walls including all enclosed habitable or potentially habitable space, such as living areas, hallways, stairwells, attics, basements, storage areas, and equipment rooms, but excluding the measurements of an attached garage. The maximum floor area allowed for detached accessory dwellings shall be subject to Table 130.40.300.1 (Maximum Floor Area for Detached Accessory Dwelling Units) below in this Section. An attached accessory dwelling unit shall not exceed 50 percent of the square footage of the primary dwelling. For purposes of this Section, an accessory dwelling unit fully enclosed within a primary dwelling shall be considered as an attached unit. Conversion of accessory structures are not subject to the floor area maximums listed in Table 130.40.300.1.

Table 130.40.300.1—Maximum Floor Area for Detached Accessory Dwelling Units

2. General Development Requirements.

a. An accessory dwelling unit shall conform to the parking, height, setback, landscape, architectural review, maximum size of a unit as described in this Title, and standards that prevent adverse impacts on any real property listed in the California Register of Historic Resources. Accessory dwelling units may be attached to, or located within, the living area of the proposed or existing primary dwelling or existing multi-family dwelling, attached to or located within, an attached garage, or conversion of storage area, or an accessory structure, as defined, or detached from the proposed or existing primary dwelling or existing multi-family dwelling and located on the same lot as the proposed or existing primary dwelling or existing multi-family dwelling. A setback more than four feet from the side and rear lot lines shall not be required for an accessory dwelling unit, unless otherwise required for fire and safety, public utility or drainage easements, or other recorded easements. The County may not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

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

b. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

c. A maximum of one attached or detached accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if the following apply:

(1) The accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure (See Subsection 140.30.400, 3.a). An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.

(2) The space has exterior access from the proposed or existing single-family dwelling.

(3) The accessory dwelling unit meets the criteria specific to zones that permit multi-family residential use.

(4) The side and rear setbacks are sufficient for fire and safety, public utility or drainage easements, or other recorded easements.

d. A junior accessory dwelling (JADU) unit shall be created entirely within the single-family dwelling footprint and comply with the requirements subject to the provisions of this Section and Government Code Section 65852.22. The expansion of up to 150 square feet beyond the same physical dimensions as the existing structure to accommodating ingress and egress does not pertain to JADUs.

3. Specific Development Requirements. A residential unit for one or more persons, either attached or detached, that provides complete and permanent independent provisions for living, sleeping, eating, cooking and sanitation facilities on the same parcel as the proposed or existing primary residence and is situated in all zones that permit single-family or multi-family dwelling residential uses. An accessory dwelling unit also includes an efficiency unit as defined in California Government Code Section 17958.1 of the Health and Safety Code or a manufactured home, as defined in Section 18007 of the Health and Safety Code. (See also Section 130.40.300: Accessory Dwelling Units, in Article 4: Specific Use Regulations, of this Title).

Accessory dwelling units also include the following categories, more fully described in the following subsection:

1. Attached: The unit is attached to the primary structure.

2. Detached: The unit is separated from the primary structure.

3. Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary dwelling or multi-family dwelling that is converted into an independent living unit.

4. Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family dwelling.

5. Accessory dwelling units in Multi-family or Mixed-Use Zones.

a. Attached Dwellings.

(1) An attached accessory dwelling unit shall share a common wall with the primary dwelling or attached garage. The common wall or portion thereof shall measure a minimum of 10 linear feet on the horizontal plane of the shared surface, to be considered an attached dwelling.

(2) An enclosed accessory dwelling unit resulting from conversion of a portion of a primary dwelling shall be fully contained within an existing or proposed primary dwelling and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure limited to accommodating ingress and egress.

(3) In order for the primary dwelling to maintain its single-unit residential character, the entrance to an attached accessory dwelling unit shall not be located on the same building face as the entrance to the primary dwelling unless separate entrances to both the primary and accessory dwelling unit are off of a shared entrance, provided that this requirement does not prevent creation of the ADU.

b. Detached Dwellings. A detached accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling unit or multi-dwelling structure. The maximum floor area allowed for new construction detached accessory dwelling units shall be subject to Table 130.40.300.1 (Maximum Floor Area for Detached Accessory Dwelling Units) above. The conversion of an existing detached accessory structure is not subject to the Floor Area Table provisions. A setback of no more than four feet from the side and rear lot lines shall be required for a detached accessory dwelling unit, unless otherwise required for fire and safety, public utility or drainage easements, or other recorded easements.

c. Converted Existing Space.

(1) Any legally permitted residential accessory structure (e.g. garage, pool house, cabana, artist studio, barn, workshop etc.) may be converted to an accessory dwelling unit, subject to local building code and zoning provisions of this Title. No setback shall be required for conversion of an existing living area or legally permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing legally permitted structure.

(2) The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to floor area provisions in Table 130.40.300.1 of this Section. For example, an existing 3,000 square foot barn converted to an accessory dwelling unit would not be subject to the floor area limitations, height, setback, architectural review, landscape, or other development standards other than compliance with building standards for permanent dwellings. These types of conversions to accessory dwelling units are also eligible for a 150 square foot expansion limited to accommodating ingress and egress. However, expansion of an accessory structure to create an ADU beyond 150 square feet would be subject to the floor area maximums outlined in Table 130.40.300.1 of this Section.

(3) Accessory dwelling units created under this subsection shall not be required to provide replacement parking. Moreover, these units shall not be required to correct any existing or created nonconformity as a condition for ministerial approval.

d. Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU) means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family dwelling including attached garages, as attached garages are considered within the walls of the existing single-family dwelling. A JADU may include separate a separate bathroom, or may share a bathroom with the existing or proposed single-family dwelling. JADUs are not allowed in accessory structures. The JADU shall comply with the following standards:

(1) Owner occupancy is required in the single-family dwelling in which the JADU is located, either in the remaining portion of the primary dwelling or the newly created JADU. Owner occupancy is not required for nonprofit housing organizations, or beneficiaries of special needs trust owning the property or licensed Community Care Facilities, as defined in Article 8 (Glossary) of this Title;

(2) Only one JADU may to be constructed within the walls of the proposed or existing single-family dwelling;

(3) No additional parking is required for a JADU;

(4) Deed Restriction: A deed restriction shall be filed with the Planning and Building Department prior to obtaining a building permit for a JADU stating that:

a) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;

b) A separate exterior entry from the main entrance to the proposed or existing single-family dwelling shall be provided to serve a junior accessory dwelling unit;

c) The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:

(1) A cooking facility with appliances; and

(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit; and,

d) Owner occupancy is required in the single-family dwelling in which the JADU is located. Owner occupancy is not required for nonprofit housing organizations, or beneficiaries of special needs trust owning the property or licensed Community Care Facilities, as defined in Article 8 (Glossary) of this Title.

(5) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

e. Multi-family or Mixed-Use Residential Use.

(1) For the purposes of state accessory dwelling unit (ADU) law, a structure with two or more attached dwellings on a single lot is considered a multi-family dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multi-family dwellings for the purposes of state ADU law.

(2) Accessory dwelling units are only allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state and local building standards for permanent dwellings.

(3) Multi-family structures may add at least one accessory dwelling unit within the non-livable space of an existing multi-family structure or up to 25% of the existing units (example: an eight-unit multi-family dwelling structure would be allowed two accessory dwelling units).

(4) In zones that permit multi-family residential use with existing multi-family dwelling structures, not more than two detached accessory dwelling units may be located on the same lot and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.

4. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit. Parking shall comply with the requirements under Table 130.35.030.1 (Schedule of Off-Street Vehicle Parking Requirements) in Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title with certain exceptions listed below. Off-street parking space(s) may be permitted in setback areas or in tandem with the parking spaces required for the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site, fire, or safety restrictions.

a. Conversion of Existing Parking Structure. Replacement parking may be located in any configuration on the same parcel as the accessory dwelling unit, but is not required when a legally permitted garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.

b. Exceptions. Off-street parking spaces shall not be required in any of the following circumstances:

(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(2) The accessory dwelling unit is located within a Design Review-Historic (-DH) Combining Zone as described in Section 130.27.060 (Design Review-Historic [-DH] Combining Zone) in Article 2 (Zones, Allowed Uses and Zoning Standards) of this Title.

(3) The accessory dwelling unit is part of a conversion of a legally permitted residential accessory structure (e.g. garage, carport, covered parking structure, pool house, studio, etc.) or conversion of a portion of the primary dwelling.

(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5) When there is a car share vehicle located within one block of the accessory dwelling unit.

D. Owner Occupancy. State law suspends the County's requirement for owner occupancy of one of the residential units on the property for accessory dwelling units permitted between January 1, 2020 and January 1, 2025, except in the case of junior accessory dwelling units.

Permits issued after January 1, 2025, the property owner shall occupy one of the residential dwelling units. This subsection is explicitly intended to prohibit two rental units on lots zoned for one single-unit residential dwelling. A notice of restriction on the subject property that is signed and notarized by the property owner declaring this limitation shall be filed with the Department prior to issuance of the certificate of occupancy for the accessory dwelling unit.

1. Exceptions.

a. Owner occupancy for one of the residential dwelling units on a lot shall not be required for nonprofit housing organizations, or beneficiaries of a special needs trust owning the property, or licensed Community Care Facilities, as defined in Article 8 (Glossary) of this Title.

(Ord. No. 5152, § 15, 11-16-2021)

Editor's note— Ord. No. 5152, § 15, adopted Nov. 16, 2021, amended the title of § 130.40.300 to read as herein set out. The former § 130.40.300 title pertained to secondary dwellings.

A. Applicability. As defined in Article 8 (Glossary: see "Solar Collection Systems") of this Title and used in this Section, active solar collection systems may be allowed in any zone in compliance with the general standards in Subsection B (General Standards), below in this Section.

B. General Standards.

1. Solar panels located on the roof of an existing structure shall be subject to the height requirements for the zone.

2. Solar panels located on the ground shall be classified as accessory structures, and shall be subject to front yard setback requirements for the zone. Exceptions to side and rear setback requirements shall be subject to Subsection 130.30.050.C.3.f (Projections into Required Setbacks: Solar Collectors) in Article 3 (Site Planning and Project Design Standards) of this Title.

3. Solar paneled structures placed in parking lots, whether public or private, may be counted as part of the shade requirements in compliance with adopted design standards.

4. Solar collection systems constructed for the primary purpose of generating power for sale to a public utility, even if also generating power for use on-site, shall be subject to a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

(Ord. No. 5241, § 10, 8-19-2025)

A. Applicability. Storage facilities and outdoor areas including, but not limited to, self storage, vehicle storage, and commercial and industrial equipment and material storage yards are subject to the provisions of this Section where allowed under the use matrices for the zones.

B. Self Storage Facilities. The following provisions shall apply to self storage facilities, as defined in Article 8 (Glossary: see "Storage, Self") of this Title):

1. Self storage facilities shall be limited to the storage of personal effects of individuals or equipment and materials by businesses inside of a building or buildings. Use of storage facilities for manufacturing, retail, wholesale, or service uses other than storage shall be prohibited. Human occupancy of individual storage units shall be limited to that required for transporting, arranging, and maintaining stored materials.

2. Vehicle storage areas may be allowed as an accessory use of a self storage site provided such use is allowed in the zone in which the self storage facility is located. Such storage area shall be fenced, screened, and landscaped in compliance with Subsections C.1 and C.2 (Equipment and Material Storage Yards) below in this Section.

3. Caretaker housing may be provided in compliance with the provisions of Section 130.40.120 (Commercial Caretaker and Agricultural Employee, and Seasonal Worker Housing) above in this Chapter.

C. Equipment and Material Storage Yards. In commercial, industrial, and transportation corridor zones, storage yards under this Subsection, as defined in Article 8 (Glossary: see "Storage Yards: Equipment and Material") of this Title, may be allowed as a primary use or as an accessory use to an otherwise allowed use. In the Agricultural, Rural Lands and Timber Production (TPZ) zones, storage yards are limited to storage that is accessory to an allowed use, such as storage of material and/or equipment associated with a resource extraction industry. Storage yards shall be fully screened from view from public areas such as roads, parking lots, pedestrian walkways, open space, and adjacent residential development, as follows:

1. Screening shall be by building design and placement, solid fence material, landscaped berms, or a combination thereof.

2. Landscaping requirements under Chapter 130.33 (Landscaping Standards) in Article 3 (Site Planning and Project Design Standards) of this Title shall be in addition to the screening requirements.

3. Screening and landscaping requirements can be waived by the Director where the storage yard is located on an Agricultural, Rural Lands, or Resource Zones or on an interior lot within an industrial zone or park and not visible from outside the zone or park.

D. Residential Storage Areas. The storage of personal equipment and materials on a residentially-zoned lot shall be allowed as an accessory use to a dwelling subject to the requirements of Section 8.42.700 (Littering, accumulation of litter, and illegal dumping prohibited) of Title 8 (Public Health and Safety) of the County Code of Ordinances and the following provisions:

1. There shall be no limit to the amount of materials or equipment stored when all materials and equipment are stored inside an enclosed structure, in compliance with development standards of the zone and Section 130.40.030 (Accessory Structures and Uses) above in this Chapter.

2. Unenclosed, outside storage area(s) shall be fully screened from view by the public. Storage material shall be placed no higher than the screening material, including existing fencing that complies with Section 130.30.070 (Fences, Walls, and Retaining Walls) in Article 3 (Site Planning and Project Design Standards) of this Title.

3. Vehicle storage shall be subject to the standards in Section 130.40.380 (Vehicle Maintenance, Repair, and Storage, Accessory to a Residential Use) below in this Chapter.

4. The use of semi-trailers, shipping containers such as sea-land containers, railroad cars, and similar storage units shall be allowed on all single family residential parcels greater than one acre, subject to the screening requirements in C.1 and C.2 (Equipment and Material Storage Yards) above in this Section.

A. Applicability. A temporary real estate sales office for the exclusive sale of property within an approved subdivision may be allowed before completion of the subdivision improvements, where allowed in the use matrices for the zones subject to the standards in Subsection B (General Standards) below in this Section.

B. General Standards.

1. Where a temporary sales office is a separate structure and not located within a model home, as defined in Article 8 (Glossary) of this Title, a site plan shall be submitted demonstrating compliance with all applicable development standards under the zone, such as setbacks and building height, as well as building and fire codes, and grading and encroachment ordinances.

2. Any off-site parking areas shall be in compliance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title, except that the surface may be gravel instead of pavement.

3. Exterior lighting shall be in compliance with 130.34 (Outdoor Lighting) in Article 3 (Site Planning and Project Design Standards) of this Title. Floodlights are prohibited.

4. On-site signage and landscaping shall be in compliance with Chapter 130.36 (Signs) and Chapter 130.33 (Landscaping Standards) in Article 3 (Site Planning and Project Design Standards).

5. Temporary sales office shall be allowed until the sale of the final lot in the subdivision.

6. Site restoration shall be required within 60 days of the time limits specified under B.5 above in this Section, as follows:

a. The real estate sales office shall be removed from the site if it is in a trailer or mobile home. If it is in the garage of a model home, the office shall be converted back to a garage and any off street parking area shall be converted back to residential use.

b. All temporary structures and related improvements shall be completely removed from the subject site.

7. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and welfare of persons residing or working in the neighborhood.

A. Purpose. In enacting this chapter, it is the intent of the Board of Supervisors to protect the health and welfare of the citizens of El Dorado County, especially youth, from the impacts of tobacco use. The findings containing the well documented negative health impacts of tobacco use supporting this section are detailed in Resolution Number 177-2024, adopted by the Board of Supervisors on October 22, 2024. This section protects the public health and welfare by regulating setbacks of tobacco retailers from sensitives uses, especially those used by the County's youth, and limiting oversaturation of retailers in response to the recent expansion of tobacco retailers in the County. This section shall apply to all unincorporated areas of the County, notwithstanding any adopted specific or local area plan.

B. Definitions. For purposes of this chapter:

Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

Sensitive use means any of the following:

1. Child day care facility licensed or authorized under the California Child Day Care Facilities Act (Health and Safety Code § 1569.70 et seq.).

2. Licensed childcare home.

3. School as defined in Section 130.41.100.

4. Youth-oriented facilities as defined in Section 130.41.100.

5. Churches and community assembly uses as defined in Section 130.80.020.

6. Parks as defined in Section 130.80.020.

7. Public libraries.

Tobacco product means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic device that delivers nicotine or tobacco, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; or

3. Any component, part, or accessory of [Subparagraphs] 1. or 2. whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

"Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Tobacco retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

C. Setbacks. No tobacco retailer shall be established within 1,500 feet from a:

1. Sensitive use.

2. Another tobacco retailer.

Measurement shall be by a straight line from the nearest point of the property line of the parcel on which the sensitive use or tobacco retailer is located to the nearest point of the property line of the parcel on which the tobacco retailer is proposed to be located. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this section.

D. Nonconforming uses. Notwithstanding Section 130.61.050, a Conditional Use Permit shall only be required for changes or expansion of a nonconforming tobacco retailer use and not for changes or expansion of uses unrelated to tobacco products unless otherwise required.

E. Enforcement.

1. Any violation of this section is subject to enforcement under Chapter 9.02, except that, notwithstanding Section 9.02.210, a violation of this section is a misdemeanor and the fine assesses for each notice and order issued for the same violation shall be as follows:

a. First violation: $250.00.

b. Second violation: $500.00.

c. Third or subsequent violation: $1,000.00.

2. The County may recover the costs of abatement incurred in its code enforcement efforts, including administrative fines or fees, under Section 9.02.090.

3. All fines or costs collected under this section shall be deposited into the General Fund and used for costs related to enforcement and administration of this section.

4. This section in no way limits the ability of the County to pursue any enforcement mechanism authorized in this Code or any other civil remedy, including enforcement under Chapter 8.68.

(Ord. No. 5210, § 1, 10-22-2024)

A. Content. This Section implements the provisions and intent of the Forest Taxation Reform Act of 1976 as amended.

B. Applicability. Lands subject to the following criteria and regulations are or shall be zoned Timber Production Zone (TPZ).

C. General Standards. In addition to the following regulations, lands within the TPZ shall be subject to the allowed uses and development standards under Chapter 130.21 (Agricultural, Rural Lands, and Resources Zones) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

D. TPZ Rezone Application Requirements. In addition to the requirements set forth in Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title, the following is required as part of any zone change to TPZ:

1. Timber Production Assessment. Based on General Plan Policy 8.3.1.3, the Ag Commission shall assess property to determine its suitability for timber production. Their decision as to suitability shall be based, in part, on the following findings:

a. Property is identified as meeting Timber Site Classifications I, II, or III, as defined in the California Forest Handbook and the Soil Survey of El Dorado Area issued April 1974 by the USDA Soil Conservation Service and the U.S. Forest Service;

b. Property is being used for commercial forestry/timber production;

c. Property possesses topographical and other features that makes it suitable for timber production; and

d. No conflict exists with adjacent high density development.

2. Forest Management Plan. A forest management plan for the property shall be submitted that has been prepared or approved by a Registered Professional Forester, as defined in Article 8 (Glossary: see "Qualified Professional: Registered Professional Forester") of this Title. Prior to approval of the zone change application, the forest management plan shall be reviewed and approved by the Ag Commission. The forest management plan shall include, at a minimum, a discussion and recommendation on each of the following:

a. Commercial harvesting, a history of past operations, and recommendations for the future;

b. Provisions for legal and physical access to the property so commercial operations can be carried out;

c. A reasonable attempt to locate the boundaries of the property and attempts to protect the property against trespass;

d. Disease or insect control work;

e. Thinning slash disposal, pruning, and other appropriate silvicultural work;

f. A fire protection plan including a fuels management program;

g. Erosion control on existing roads and skid trails along with maintenance of existing roads; and

h. Planting of a significant portion of the understocked areas of the land.

3. The property shall currently meet the timber stocking standards as set forth in the California Public Resources Code Section 4561 and the forest practice rules adopted by the State Board of Forestry for the district in which the property is located. As an alternative, the owner shall sign an agreement with the Board to meet the timber stocking standards and forest practice rules by the fifth anniversary of the signing of said agreement. After the zone change to TPZ is approved, failure to meet the state's timber stocking standards and forest practice rules within the five year time period will provide the Board grounds for rescinding the zone change of the property.

E. Continued Eligibility. The property owner shall continuously comply with at least six of the criteria in the forest management plan required under Subsection D.2 (Forest Management Plan) above in this Section, in order to continue to be eligible for the TPZ classification.

F. Disclosure Notice of Rezone. Within 10 days of final action of a zone change application that either includes or deletes property from a TPZ, the Clerk of the Board shall cause to be recorded an instrument which will serve as constructive notice of the zone change action to prospective buyers of the subject property.

G. Required Findings to Support Residential, Recreational and Other Non-Timber Uses. Certain uses within the TPZ may be compatible with growing and harvesting timber in certain circumstances, and may be allowed by Conditional Use Permit. When approving a Conditional Use Permit, as allowed in Table 130.21.020 (Agriculture, Rural Lands and Resource Zone Districts Use Matrix) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, for compatible, non-timber related uses, the review authority shall consider the recommendations of the Ag Commission and shall make the following findings:

1. The proposed use is compatible with and will not detract from the land's ability to produce timber;

2. Fire protection and public safety concerns have been adequately met, including the ability to provide adequate public access, emergency ingress and egress, and sufficient water supply and sewage disposal facilities;

3. The proposed use will not adversely impact the area's watershed, wildlife, and other natural resources.

A. Applicability. Where allowed under the use matrices for the zones, transitional housing providing for six persons or less (small) shall be allowed by right, while transitional housing providing for more than six persons (large) shall be allowed subject to discretionary permit.

B. General Standards. All transitional housing shall conform to the development standards for its zone and under this Title. For those facilities housing seven persons or more the following additional standards shall apply:

1. A facility shall be located a minimum of 1,000 feet from another transitional housing facility, as measured in a straight line without regard to intervening structures, between the nearest point of each property line.

2. A six-foot high solid fence shall be provided along all property lines, in compliance with Section 130.30.070 (Fences, Walls, and Retaining Walls) in Article 3 (Site Planning and Project Design Standards) of this Title.

3. Landscaping shall be regularly maintained and irrigated.

4. No identification signs shall be allowed within any zone allowing single-unit residential use. Signs for transitional housing within nonresidential zones shall comply with Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title.

5. Outdoor activities shall not be conducted between the hours of 10 p.m. and 8 a.m.

6. A valid business license is required prior to operation and shall be maintained as long as the use is in operation.

A. General Standards. The maintenance, repair, and storage of motor vehicles on lots allowing residential uses by right shall be prohibited unless:

1. All vehicles being stored or repaired are registered to an occupant of the lot; or

2. Vehicle maintenance, repair, retail sale or storage of vehicle parts are in compliance with Section 130.40.160 (Home Occupations) above in this Chapter; and

3. Vehicle storage shall not be allowed in any setback area other than the front setback on an access driveway.

A. Applicability. This Section complies with California Government Code Section 65893, applicable to wind energy conversion system (WECS), used for electrical energy generation based on the State Energy Commission's Wind Resource Potential Maps. Microturbines and Small WECS shall be regulated as accessory structures in all zones while large and utility-scale systems shall be regulated as a primary use in non-residential zones, subject to permitting requirements under Subsection E (Development Standards) below in this Section.

B. Definitions. The following definitions shall apply to this Section:

"WECS", or "system", means a machine which can convert the kinetic energy in wind into a usable form of electrical or mechanical energy, such as a wind turbine or windmill. As used within this Section, a WECS includes all parts of the turbine and the tower upon which it is installed, but does not include power transmission equipment. Turbines are classified as being either on a horizontal or a vertical axis configuration, as shown below:

[Figure]

"Height of tower" means the height from base grade to the top of the system, including the uppermost extension of any horizontal axis blades.

"Rated Capacity" means the electrical generation capacity of one WECS unit. Classifications for rated capacity are microturbine, small WECS, large WECS, and utility-scale WECS, as defined below:

"Microturbine" means a WECS that generates one kilowatt (kw) or less.

"Small WECS" means one system with a rated capacity of greater than one to less than 50 kw, to be used to provide electrical energy on-site. Excess electricity can be sold back to the utility supplier through net metering, net billing, or similar programs.

"Large WECS" means one system with a rated capacity of 50 kw to less than 100 kw.

"Utility Scale WECS" means one system with a rated capacity of more than 100 kw.

"Wind Farm" means two or more utility-scale WECS on the same lot or group of adjacent lots under common ownership. A wind farm may cover an extended area, but the land between the systems may be used for agriculture or other purposes.

C. Permit Requirements. WECS are allowed under Table 130.40.390.1 (WECS Use Matrix), below in this Section, in the following zones subject to the rated capacity thresholds designated below:

Table 130.40.390.1—WECS Use Matrix

D. Number of WECS Units.

1. Microturbines. The maximum number of microturbines that may be installed on a lot is as follows:

a. Residential lots less than five acres in size may install a maximum of five microturbines.

b. Residential and agricultural lots five acres or greater in size may install a maximum of ten microturbines.

c. All Agricultural and Resource, Commercial, Industrial, and R&D zoned lots may install up to 25 microturbines.

2. Small WECS. The maximum number of small WECS units that may be installed on one lot shall be based on the following acreage requirements:

a. For lots one acre to less than ten acres, one WECS shall be allowed.

b. For lots ten acres to less than 20 acres, two WECS shall be allowed.

c. For lots 20 acres or greater, a maximum of three WECS shall be allowed.

d. If small WECS generate less than five kilowatts each and are limited to 50 feet in height, a maximum of two such WECS may be installed per five acres. Additionally, the separation between them may be reduced to twice the height of the tallest tower or manufacturer's specification, whichever is greater.

3. Large WECS in Agricultural and Resource Zones.

a. For lots ten acres to less than 20 acres, one WECS shall be allowed.

b. For lots 20 acres or greater, a maximum of two WECS shall be allowed.

c. Where individual systems exceed 50 kilowatts of rated capacity or where total unit numbers exceed standards under 3.a and 3.b above in this Section, a Conditional Use Permit shall be required, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

E. Development Standards. The following development standards shall apply to all WECS, except that microturbines shall comply with all standards but Subsections E.3, E.4, E.9, and E.12 below in this Section:

1. General Development Standards. General development standards shall be applied as set forth in Table 130.40.390.2 (Development Standards) below in this Section;

Table 130.40.390.2—Development Standards

2. Safety. All WECS shall be completely enclosed by a locked, protective fence at least six feet high unless located upon a roof or other location with limited access.

3. Guy Wires. Anchor points of any guy wires for a system tower shall be located within the property that the system is located on. Guy wires shall not cross any above-ground electric transmission or distribution lines. The points of attachment for the guy wires shall be either enclosed by a fence six feet high or sheathed in bright orange or yellow coverings from three to eight feet above the ground.

4. Tower Access. Towers must either:

a. Have tower-climbing apparatus located no closer than 12 feet from the ground;

b. Have a locked anti-climb device installed on the tower;

c. Have a tower-access limitation program approved by the review authority.

5. Rotor Safety. Each WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor.

6. Electromagnetic Interference. The WECS shall be designed, installed and operated so that no disrupting electromagnetic interference is caused. Disruptive interference from the facility shall be promptly rectified to include the discontinued operation of one or more WECS.

7. Utility Notification and Undergrounding. For inter-connected systems, no wind turbine shall be installed until evidence has been given that the electric utility service provider has been notified and has indicated that the proposed interconnection is acceptable. On-site electrical wires associated with the system shall be installed underground, except for "tie-ins" to the electric utility service provider and its transmission poles, towers, and lines. This standard may be modified by variance if the project terrain is found to be unsuitable due to the need for excessive grading, biological impacts, or similar factors.

8. Noise. All WECS shall be subject to the noise standards under Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title or all applicable state laws governing sound pressure levels of WECS, whichever is strictest. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods.

9. Wind Farm Site Access. Construction of on-site roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to its natural condition after completion of installation.

10. Site Aesthetics. WECS shall be designed and located in the following manner to minimize adverse visual impacts from public viewing areas and private property:

a. Structural components including, but not limited to, towers, blades, and fencing shall be of a nonreflective, unobtrusive color.

b. To the greatest extent feasible, the WECS shall not project above the top of ridgelines.

c. When adjacent to a designated scenic corridor, WECS shall not cause a significantly adverse visual impact either from the corridor, or on a designated scenic viewshed, subject to the requirement under Subsection F.3 (Application Submittal Requirements) below in this Section.

11. Exterior Lighting. Exterior lighting on any structure associated with the WECS shall be prohibited, with the exception of that specifically required by the Federal Aviation Administration.

12. Signs. Signage shall be considered as part of a Conditional Use Permit, and shall be limited to the following:

a. Signs warning of high voltage electricity shall be posted at a height of five feet above the ground on stationary portions of the WECS or its tower, and at gated entry points to the project site.

b. No advertising sign or logo shall be placed or painted on any WECS or tower;

c. For wind farms, no more than two identification signs relating to the development shall be located on the project site.

d. Signs shall not exceed 16 square feet in surface area or eight feet in height.

13. Compliance with Federal Aviation Administration (FAA) Regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

F. Application Submittal Requirements. All applications for Administrative or Conditional Use Permit for a WECS shall include the following:

1. Delineation of the direction of the prevailing winds across the project site.

2. Distance to residentially zoned lots, public and private airports and airstrips, public and private schools within one-quarter mile of the proposed project as measured from its nearest property line.

3. Photo simulations of the proposed WECS as seen from residentially zoned lots and public viewsheds within one mile of the project site.

4. Maximum generating capacity of the WECS unit(s) proposed to be installed.

5. Manufacturer's specifications documenting maximum noise levels generated by the WECS on the surrounding area.

6. A statement by the manufacturer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practice, and have been approved by the California Energy Commission or certified by a national program, such as National Electrical Code (NEC), American National Standards Institute (ANSI), or Underwriters Laboratories (UL).

7. Certification by a state licensed structural, mechanical or civil engineer that the tower structures are designed and constructed in compliance with the pertinent provisions of the Building Code and California Electric Code.

8. Written evidence that the electric utility service provider for the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. If the applicant does not plan to connect the system to the electricity grid, the applicant shall include a statement to that effect.

9. A description of the proposed measures to minimize adverse noise, transmission interference, visual, and safety impacts to adjacent properties, and methods to prevent public access to the structure.

A. Content. The winery ordinance:

1. Provides for the orderly development of wineries and accessory uses within specified agricultural zones and specified residential zones to ensure compatibility with adjacent land uses (General Plan Policy 2.2.5.21).

2. Encourages the economic development of the local agricultural industry by allowing for the direct sales and marketing of value-added products (General Plan Policy 10.1.5.4).

3. Implements General Plan policies that encourage development of agriculturally-related uses while protecting the agricultural character and long-term productivity of agricultural lands. (General Plan Policies: 8.2.2.1, 8.2.4.2., 8.2.4.3, 8.2.4.4, and 8.2.4.5.)

B. Applicability. Except as provided in Subsection H (Micro-Wineries and Small Vineyards) below in this Section, the regulations and standards of this Section shall apply to wineries, as defined in Article 8 (Glossary: see "Wineries") of this Title, where allowed in the use matrices for the zones, on lots that are a minimum or ten acres or more in size with a commercial vineyard.

C. Definitions. As used in this Section, the terms below will mean the following:

Agricultural Commissioner means the County Agricultural Commissioner.

Commercial Vineyard means a minimum of five acres of wine grapes are planted and are capable of producing a commercial crop. Five acres shall mean a planting of wine grapes spanning an area of at least 217,800 square feet and consisting of a minimum of 2,200 grape vines that are properly maintained to produce a commercial crop. The Agricultural Commissioner may, when calculating acreage under this paragraph, include wine grapes planted on contiguous property under common ownership. The operator of the commercial vineyard area may demonstrate the vineyard area is under common ownership by providing proof that the operator is the record title holder of the land or by providing a notarized lease agreement with the record title holder of the land. This paragraph does not modify the minimum lot size requirement in Subsection B (Applicability), above.

The Agricultural Commissioner may determine and verify whether the vineyard is in compliance with this paragraph consistent with Subsection G.1. (Commercial Vineyard) below.

Concerts or Other Outdoor Amplified Music or Voice means any musical outdoor performance, including the playing of recorded music, in which sound amplification devices are used by one or more performers, including, but not limited to, concerts, music festivals, performance by a disc jockey, or any other musical performance.

County-Maintained Road means a road that is listed on the current County Maintained Mileage List by the Department of Transportation. This list does not typically include County Service Area (CSA) or Zones of Benefit (ZOB) roads.

Indoors means any fully enclosed area covered with a roof.

Properly Maintained means that the planted grapes are tended in a manner consistent with proper and accepted customs and standards of the agricultural industry including, but not limited to, the provision of irrigation, the control of pests and diseases, and the protection against deer depredation.

Room Rental Event means an event that involves the winery owner renting or donating a portion of the winery for hire that is held indoors.

Winery means an agricultural processing facility that produces wine from fruit or fruit juices through fermentation or the refermenting of still wine into sparkling wine, that is bonded through the Alcohol, Tobacco Tax and Trade Bureau, and that has a current California Alcohol Beverage Control (ABC) Type 2 Winegrower's License.

D. Table of Allowed Uses. Uses allowed under Table 130.40.400.1 (Wineries Allowed Uses Matrix), below in this Section, are subject to compliance with all applicable provisions of this Title and the County Code of Ordinances. Allowed uses may require a discretionary permit in compliance with Subsections F.1 and G.5 (Use Compatibility Limitations, and Access Standards, respectively) below in this Section. The following winery and accessory uses are further defined in Subsection E (Winery Uses) below in this Section:

Table 130.40.400.1—Wineries Allowed Uses Matrix

E. Winery Uses. The following provisions shall apply to all wineries, accessory structures, and accessory uses:

1. General Winery Provisions.

a. The primary purpose of the winery shall be to process fruit grown on the winery lot or on other local agricultural lands. No more than 50 percent of the fruit processed shall be imported from outside El Dorado County.

b. Wineries include those areas of a winery where grapes are crushed, fermented, or pressed; where bulk wine is stored in tanks or barrels; where winery operations such as racking, filtering, blending, or bottling of wines are carried out; and where on-site case goods are stored.

c. Multiple lots under the same ownership are not considered to be a single lot for purposes of this Section, except for the purposes of calculating the qualifying acreage of a commercial vineyard under Subsection C (Definitions - Commercial Vineyard) above.

2. Tasting Facilities.

a. Subordinate to Winery. Tasting facilities shall be clearly related and subordinate to the primary operation of the bonded winery as a production facility. The primary focus of the tasting facilities shall be the marketing and sale of the wine and grape or fruit products produced, vinted, cellared, or bottled at the winery. Snack foods that are consumed during wine tasting are allowed.

b. Wine Sales. Retail sales of wine fruit products shall be limited to those produced, vinted, cellared, or bottled by the winery operator or grown on the winery lot, or custom crushed at another facility for the winery operator, subject to the provisions of an ABC Type 2 Winegrower's license. (The ABC Type 2 Winegrower's license requires that at least 50 percent of the wine sold be produced by the winery.)

c. Marketing. Tasting facilities include any marketing activities sponsored by a winery facility intended for the promotion and sale of the facility's products. Activities of a marketing event may include, but are not limited to, live music, catered food, food prepared on the premises, winemaker dinners, releases, library wines, discounted sales, "bottle-your-own," and similar activities. Live music is subject to Subsection G.8 (Outdoor Amplified Music) below in this Section. Concerts or other outdoor amplified music or voice or events sponsored by or for the benefit of an organization other than the winery shall not be allowed as marketing events, but may be allowed as special events subject to Subsection E.3 (Special Events) below in this Section.

3. Special Events. Special events, as defined in Article 8 (Glossary) of this Title, are any events such as charitable events, promotional events, and facility rental events that are not the tasting and marketing activities described in Subsection E.2.c (Tasting Facilities: Marketing) above in this Section.

a. Number Allowed. Except as provided in Subsection i. (Charitable Events) and Subsection b.2 (Administrative Permit Process) below, special events are limited to a total of 12 events per calendar year for any Commercial Vineyard.

b. Administrative Permit Process. Special events are allowed with the issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, and subject to the following requirements:

(1) The winery owner shall apply to the Agricultural Commissioner on a form prescribed by the County that meets all County requirements, including payment of any applicable fees. On that application, the winery owner must attach proof that the Agricultural Commissioner has verified that the winery meets the minimum five acres of grapes planted and capable of producing a commercial crop that is required to be a Commercial Winery within 30 days of the date of the application, or the winery owner will provide consent for the Agricultural Commissioner to perform that verification.

(2) The winery owner may, in that application, request to hold an additional two special events per calendar year, up to a maximum of 24 special events per calendar year, for every additional five acres of grapes over the minimum required to meet the definition of a Commercial Vineyard that the Agricultural Commissioner verifies are planted and capable of producing a commercial crop. Five acres shall mean a planting of wine grapes spanning an area of at least 217,800 square feet and consisting of a minimum of 2,200 grape vines that are properly maintained to produce a commercial crop. The Agricultural Commissioner shall verify the total acres of grapes the winery owner has planted that is capable of producing a commercial crop and report the final number of eligible special events on the approved administrative permit. A winery owner that qualifies in Subsection E.3.b.3, below, may request to hold additional special events in compliance with this paragraph.

(3) Notwithstanding the maximum special events described in E.3.a (Number Allowed) above, the winery owner may, in its application, state that it submitted to the Agricultural Commissioner Advance Notice of at least one special event between January 2024 and October 2024 in compliance with Subsection E.3.h (Advance Notice), below. The Agricultural Commissioner shall verify whether County records confirm that the owner provided advance notice as required by this paragraph and report the final number of eligible special events on the approved administrative permit. If the winery owner qualifies under this paragraph, then the owner is limited to the following number of special events per calendar year:

a. For the 2025 Calendar Year: 18 special events.

b. For the 2026 Calendar Year, and every year thereafter: 12 events.

(4) The Agricultural Commissioner shall review any application for an Administrative Permit to hold special events as they are received. The application shall be approved if it meets all applicable requirements of this Title, and shall be denied if the Agricultural Commissioner finds that any of the following has occurred:

a. The application is based on inaccurate or incomplete information.

b. The applicant has failed to pay any required application fees in full.

c. The applicant is ineligible under Subsection J.4 (Suspension for Repeat Violations), below.

(5) Any approved administrative permit is valid for one calendar year. An administrative permit issued under this Section does not grant any entitlement or interest in real property, does not create any interest of value, and it does not run with the land.

c. Special events that have, or are planned to have, up to 250 persons in attendance shall count against the total number of events allowed. A winery owner may only hold one special event per calendar day. If a special event is intended to last more than one calendar day, the winery owner shall submit separate notices for each day pursuant to Subsection h (Advance Notice) below, and each event will be included in the maximum number of special events event limit calculated under Subsection 3.b, above.

d. Capacity Limitation. All special events are limited to 250 persons at one time. The winery owner shall ensure that the special event does not exceed the maximum capacity of 250 persons at one time.

e. Ranch Marketing. This Section, rather than Chapter 130.44 (Ranch Marketing), shall govern a winery owner holding a special event. The number of special events shall not be added to or combined with those allowed under Chapter 130.44 (Ranch Marketing).

f. Temporary Use Permit. The winery owner may apply for a Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title for a special event that meets all the following requirements:

(1) The number of attendees will exceed 250 persons at any given time.

(2) The winery owner has been issued no more than three Temporary Use Permits for that property per calendar year, including the special event that the Temporary Use Permit would apply to.

(3) The winery owner shall not hold more than one special event under this Subsection per calendar month.

g. Concerts or Other Amplified Outdoor Music or Voice. Concerts or other outdoor amplified music or voice in which the music is the primary attraction may be allowed if the winery owner obtains a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, or a Temporary Use Permit in compliance with Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title. If it is reasonably anticipated that more than 150 persons will be present at the event, the winery owner shall also obtain a permit under Chapter 12.39 or a permit for an outdoor music festival under Chapter 5.32, as applicable.

h. Advance Notice.

(1) The winery owner shall notify the Agricultural Commissioner, on a form prescribed by the Agricultural Commissioner, no later 14 days in advance of each special event held under this Section. Notwithstanding the 14-day period in the previous sentence, the winery owner may, no later than seven days before the special event, submit a request to the Agricultural Commissioner for an exception to submit the advance notice no later than 48 hours before the event, and shall include in that request the reasons why special circumstances exist to grant this exception. The Agricultural Commissioner may grant that request if the Agricultural Commissioner finds, in his or her sole discretion, that special circumstances exist that justify the lesser period of advance notice.

(2) The winery owner shall list all the following in the notice required by this Subsection:

(a) The name and contact information for a Designated Local Contact for the event and the date.

(b) The approximate duration for when the event will commence and end.

(c) The address of the event.

(3) The Agricultural Commissioner shall make the information submitted by this Subsection f available on the County's website, including the name and contact information of the Designated Local Contact.

(4) The Designated Local Contact must be available via telephone during the duration of the event, as stated in the notice sent to the Agricultural Commissioner, and two hours before and one hour after the event.

(5) The Designated Local Contact shall respond to the County within 30 minutes and complete any corrective action that is requested by the County in a timely manner. The Designated Local Contact shall respond to any complaints from any member of the public within 30 minutes and take corrective action to resolve any reasonable complaint. The Designated Local Contact shall prioritize complaints related to noise, lighting, trash, or parking.

(6) A failure to comply with this Subsection h (Advance Notice) constitutes a violation subject to enforcement under Subsection J (Enforcement) below.

i. Charitable Events. The winery owner may hold a maximum of three special events per calendar year under this paragraph that are charitable or fundraising events held for the benefit of a nonprofit organization that that qualifies for exempt status under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. A special event held under this paragraph must comply with all requirements of this Section applicable to special events, including Subsection E.3.h (Advance Notice), except that the three special events authorized under this paragraph are not counted for purposes of determining the maximum number of special events allowed under Subsection E.3 (Special Events) above in this Section. The winery owner must also provide to the Agricultural Commissioner documentation acceptable to the Agricultural Commissioner demonstrating that the organization qualifies for exempt status, and that any proceeds of the event, excluding the costs of the winery owner, will be used solely by that organization. Any charitable or fundraising events held in excess of the three authorized by this paragraph are counted for purposes of determining the maximum number of special events allowed under Subsection E.3 (Special Events) above in this Section.

4. Room Rental Event. Room rental events are allowed, and are not counted for purposes of determining the maximum number of special events allowed under Subsection E.3 (Special Events) above in this Section, if the winery owner complies with all the following requirements:

a. The event is held indoors and involves the rental of a portion of the winery.

b. There will be no more than 40 persons in attendance.

c. No amplified music or amplified speech is allowed.

d. Only one room rental event may be held each calendar day.

e. The event is limited in duration to eight hours and must be held during the normal business hours of the winery.

5. Dining Facility. The dining facility, as defined in Article 8 (Glossary: see "Ranch Marketing, Dining Facility") of this Title, shall be subordinate to the sale of wine. Areas of a winery that are temporarily set up for winemaker dinners are not considered to be part of the dining facility.

6. Distilleries. A distillery, as defined in Article 8 (Glossary: See "Distillery") of this Title, shall be bonded through the Alcohol and Tobacco Tax and Trade Bureau and have a current California ABC License. Distilleries are allowed in Industrial Low (IL) and with a Conditional Use Permit in Industrial High (IH), Research and Development (R&D) and in Agricultural Zones (see Table 130.40.400.1—Wineries Allowed Uses Matrix), in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. Allowed activities include, but are not limited to, blending, aging, storing, bottling, and warehousing operations; tasting facilities; wholesale and retail sales; and administrative functions.

7. Commercial Kitchen. A commercial kitchen, as defined in Article 8 (Glossary: see "Commercial Kitchen") of this Title, shall be accessory to the winery, tasting room, and any other authorized accessory use.

8. Museum. Agriculture-related museums shall be accessory to a winery and tasting room and shall primarily display items from California's agricultural history.

9. Picnic Areas. Picnic areas shall be subordinate to the winery and tasting room.

10. Retail Sales. Retail sales of merchandise, art, and prepackaged food items shall only be allowed within the tasting facilities and shall not be located in a separate structure. The sale of prepackaged food items shall comply with the California Health and Safety Code and be permitted by Environmental Management. Sale of non-wine merchandise shall be subordinate to the wine sales.

11. Catering. As defined in Article 8 (Glossary: see "Catering") of this Title, use of an onsite commercial kitchen for catering off-site events may be allowed by Conditional Use Permit, in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, and only when the catering use is found to be subordinate to the winery's wine sales.

F. Special Provisions.

1. Use Compatibility Limitations. Proposed winery facilities that are not located within an Agricultural District and that have property lines adjacent to a lot with a noncompatible zone designation shall require a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. For purposes of this Subsection, noncompatible shall be RM, RI, R20K, R1A, R2A and R3A. The use compatibility determination will be made prior to issuance of a building permit for a winery building. Subsequent expansion of the facility's structures or uses will require additional use compatibility determinations.

G. Development Standards. These standards are the minimum required for all wineries, accessory uses, and structures listed in Subsection E (Winery Uses) above in this Section. Additional requirements may be added through the discretionary permitting process, if applicable.

1. Commercial Vineyard. The Agricultural Commissioner may, with advance notice of at least 24 hours, inspect a winery to determine whether the minimum acreage of wine grapes cease to exist or be properly maintained. The Agricultural Commissioner may issue an order, in writing, if the Agricultural Commissioner determines that the winery does not meet the standard in the previous sentence and shall explain in that order the deficiencies and any steps to cure that deficiency. The winery owner has 30 days to address the deficiencies in that order to the satisfaction of the Agricultural Commissioner. If the winery owner has not addressed the deficiencies within that time period and has not appealed the order, then the right to operate the winery and all accessory uses shall immediately cease until such time as the required five acres of wine grapes are re-established to the satisfaction of the Agricultural Commissioner. If the winery owner appeals the order consistent with the following paragraph, then the winery owner may continue to operate during the pendency of that appeal with the Ag Commission. If the Ag Commission affirms the order in its decision, then the right to operate the winery and all accessory uses shall immediately cease until such time as the required five acres of wine grapes are re-established to the satisfaction of the Agricultural Commissioner.

The winery owner who was issued the order may appeal the Agricultural Commissioner's determination to the Ag Commission within 30 calendar days of the order being issued. The Ag Commission shall review the determination for consistency with this Section and issue a decision. The winery owner has 20 calendar days to file a timely appeal of that decision to the superior court. If any party fails to file a timely appeal to the Ag Commission or the superior court shall be deemed to have waived any and all objections to the Agricultural Commissioner or the Ag Commission's determination.

2. Setbacks. The following minimum setbacks apply to all wineries, tasting facilities, and outdoor use areas, excluding parking lots and picnic areas:

a. Adjacent to nonresidential zones: 50 feet from all property lines.

b. Adjacent to residential zones: 200 feet from all property lines.

c. The 200-foot setback in [Subsection] 2.b above in this Section may be reduced to no less than 50 feet by a grant of administrative relief in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title.

3. Signs. See Chapter 130.36 (Signs) in Article 3 (Site Planning and Project Design Standards) of this Title.

4. Parking. The following parking standards shall apply to wineries, tasting rooms, and accessory uses:

a. Permanent parking spaces shall be provided for wineries, tasting rooms, and retail sales areas in compliance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

b. Parking surfaces shall be surfaced with a Class 2 aggregate base or equivalent, with appropriate hard-surfacing for designated ADA compliant parking stalls.

c. Temporary parking for marketing activities and special events may utilize overflow parking areas that are not surfaced. Limitations on the number of guests may be based on availability of off street parking in compliance with Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title. All temporary parking shall be accommodated onsite and shall meet any fire district requirements.

5. Access Standards. Access standards shall be as follows:

a. Direct access from a non-County-maintained road, regardless of whether the road is located on or off-site, shall require the following:

(1) In an Agricultural District. An Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, following a recommendation by the Ag Commission.

(2) Not in an Agricultural District. A Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

b. Road Maintenance. The winery owner will be required to participate in a private road maintenance entity, annex into a road zone of benefit (ZOB), or otherwise pay a fair share for road maintenance as determined by the review authority.

c. Fire Safe/Code Standards. Access to a winery open to the public shall meet the minimum access requirements of the applicable fire district, including both on-site and off-site access roads. Exceptions to these standards may be allowed by the fire district, subject to the appeal processes identified in the SRA Fire Safe Regulations.

d. Facilities Not Open to the Public. A winery that is not open to the public and does not provide on-site sales may be accessed by a non-County-maintained road.

6. Size Limitation.

a. The winery, accessory buildings, and accessory uses shall not occupy more than five acres or 50 percent of the gross lot area, whichever is less.

b. All new wineries and expansions of existing wineries that exceed 10,000 square feet of floor area and are visible from a County-maintained road shall require a Design Review Permit in compliance with Section 130.52.030 (Design Review Permit) in Article 5 (Planning Permit Processing) of this Title.

c. Tent structures that exceed 1,200 square feet of floor area and are visible from a County-maintained road shall be limited to a 30-day period, three times per calendar year, unless additional time frames are approved by a Temporary or Conditional Use Permit, in compliance with Section 130.52.060 (Temporary Use Permit) or Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title.

d. The total enclosed square footage of all floors of a winery building shall not exceed the square footage shown in the Table 130.40.400.2 (Allowed Square Footage for Winery Buildings) below in this Section. Any winery building or group of winery buildings and accessory buildings exceeding the square footage in Table 130.40.400.2 (Allowed Square Footage for Winery Building) below in this Section shall require a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title. Winery buildings do not include residential buildings, garages, outbuildings, and structures not associated with the winery, such as agricultural buildings.

Table 130.40.400.2—Allowed Square Footage for Winery Buildings

7. Cultural Resource Protection.

a. Winery development on a lot identified by the County as being listed on the National Register of Historic Places (NRHP) and California Register of Historic Places (CRHR) shall be required to preserve the structure(s). Modifications or demolition of the structures shall only be approved based on recommendations from a cultural resource report that meets County guidelines.

b. Winery development within 100 feet of perennial or intermittent streams shall submit a cultural resource study prior to approval of grading or building permits. Cultural sites identified in the study and recommended for avoidance and protection shall be protected as recommended in the cultural resource study.

8. Outdoor Amplified Music. All events, including special events, featuring outdoor amplified music or amplified speech shall comply with Chapter 130.37 (Noise Standards) in Article 3 (Site Planning and Project Design Standards) of this Title. For any events occurring between 7:00 p.m. and 10:00 p.m., a noise analysis shall be submitted to the Department demonstrating that the noise standards will not be exceeded. No outdoor music will be allowed after 10:00 p.m.

9. Wine Caves. The use of subterranean space for winery facilities in natural or manmade caves shall be in compliance with all applicable building and fire codes, and permit requirements.

H. Micro-Wineries and Small Vineyards. Wineries that do not meet the minimum acreage requirement for a commercial vineyard, as defined under Subsection C (Definitions) above in this Section, or the minimum lot size under Table 130.40.400.1 (Wineries Allowed Uses Matrix) above in this Section, shall be allowed in compliance with Table 130.40.400.3 (Micro-Winery and Small Vineyards Use Matrix) below in this Section, subject to the following requirements in this Subsection:

Table 130.40.400.3—Micro-Winery and Small Vineyards Use Matrix

1. Small Vineyard Winery Standards. Wineries with a minimum of one to less than five acres of a planted wine-making crop (wine grapes or other fruit) shall be allowed in compliance with the following provisions and Subsection H.3 (General Standards) below in this Section:

a. The only accessory use allowed shall be a distillery; and

b. At least 75 percent of the fruit used by the facility shall be grown within El Dorado County.

2. Micro-Winery Standards. Micro-wineries shall be allowed in compliance with the following provisions and Subsection H.3 (General Standards) below in this Section:

a. All micro-wineries shall have a minimum of one acre of planted wine grapes on the same lot;

b. The capacity of the micro-winery shall not exceed 250 cases (595 gallons) for each acre of wine grapes grown on the lot, with a total capacity not to exceed 1,250 cases (2,972 gallons). Lots zoned PA may exceed these amounts in compliance with the Conditional Use Permit if:

(1) The lot is within an Agricultural District; and

(2) The Ag Commission finds that the land is not capable of supporting five acres of vineyard and potential on-site agricultural land is not being precluded from future agricultural production;

c. No other accessory uses described in this Section are allowed on the site;

d. On-site signs are limited to one, single-faced, non-illuminated sign advertising the name of the winery and owner, and stating "Not Open to the Public." The sign face shall measure a maximum of six square feet in area and shall stand no higher than six feet from natural grade, as measured directly below the sign; and

e. The total enclosed floor area(s) of the micro-winery shall measure no greater than 2,000 square feet.

3. General Standards. The following standards shall apply to both small vineyard wineries and micro-wineries:

a. One acre shall mean a planting of wine grapes spanning an area of at least 43,560 square feet and consisting of a minimum of 440 grape vines;

b. The wine grapes or fruit crop shall be properly maintained and cared for to produce a commercial crop. Should the proper maintenance and care of the required minimum acreage cease, as determined by the Agricultural Commissioner, the right to operate the winery becomes void, consistent with Subsection G.1 (Commercial Vineyard) above;

c. Wine sales shall be conducted off-site or by internet, mail order, telephone, facsimile, or similar means, only. No on-site sales, tasting, or public access shall be allowed either directly or by appointment;

d. Compliance with all applicable local, State, and Federal laws shall be verified prior to operation. At a minimum, the following shall be required:

(1) Fire district review of the facility for consistency with the fire code;

(2) Waste Discharge Permit or Waiver of Discharge Permit from Regional Water Quality Control Board;

(3) Winegrower license from the ABC;

(4) Bonding through the Alcohol and Tobacco Tax and Trade Bureau; and

(5) Building permit, subject to review and approval of the Planning and Building and Environmental Management Departments.

I. Uses Requiring an Administrative Permit or a Minor Use Permit. Uses allowed by Administrative Permit or Minor Use permit as shown in Table 130.40.400.1 (Wineries Allowed Uses Matrix) shall comply with Section 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) in Article 5 (Planning Permit Processing) of this Title and the following:

1. The use is incidental and accessory to the winery;

2. A commercial kitchen established for a winery may be used for preparation of food served on-site or off-site or may be leased as a catering facility under an administrative permit. The administrative permit shall verify that all approvals from applicable agencies including, but not limited to, El Dorado County Environmental Management Department, California Department of Public Health, and California Department of Food and Agriculture have been obtained.

J. Enforcement.

1. Any violation of Subsection E.3 (Special Events) is subject to enforcement under Chapter 9.02, except that, notwithstanding Section 9.02.210, a violation of Subsection E.3 (Special Events) may be a misdemeanor and the fine assessed for each notice and order issued for the same violation shall be as follows:

a. First violation: $250.00.

b. Second violation: $500.00.

c. Third or subsequent violation: $1,000.00.

2. The County may recover the costs of abatement incurred by the County in its code enforcement efforts, including administrative fines or fees, under Section 9.02.090.

3. All fines or costs collected under this Section shall be deposited into the General Fund and used for costs related to enforcement and administration of this Section.

4. Suspension for Repeat Violations. If a winery owner has received three substantiated violations or more occurring on separate dates related to a violation of Subsection E.3 (Special Events) within any 18-month period, then the County shall revoke any associated administrative permit that authorized the winery owner to hold special events, and that person will be ineligible to submit an application for an administrative permit to hold special events for six months after the date of the last violation. For purposes of determining whether a substantiated violation occurred within the 18-month period, that period is calculated from the date of violation and not the date that the notice and order is substantiated and includes any violation that occurred on a date after the effective date of Ordinance No. 5177 and before the effective date of the ordinance amending this Subsection. Any subsequent substantiated violation of this paragraph will extend that six-month period for an additional six months. The County may enforce any violation of this paragraph as a public nuisance and may take all reasonable actions consistent with law to abate that public nuisance, including injunctive relief. For purposes of this paragraph, substantiated violation means the winery owner received a notice and order under Chapter 9.02 and either did not contest such violation or filed a timely appeal and the violation in the notice and order was upheld by the administrative hearing officer. A substantiated violation does not include a complaint that did not result in a substantiated violation, nor does it include a violation that led to a notice and order that was withdrawn by both parties due to compliance.

(Ord. No. 5127, §§ 10, 11, 9-1-2020; Ord. No. 5177, § 6, 6-20-2023; Ord. No. 5218, § 2, 12-10-2024)