15.23 Land Divisions

15.23.010 Findings

15.23.010 Findings

No tentative map, for either a final map or a parcel map, shall be approved unless the following findings are made:

1. That the proposed map or the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans and this title;

2. That the site is physically suitable for the type of development, or for the density of development proposed;

3. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially injure fish or wildlife or their habitat, and, if applicable, that such subdivision and improvements provide reasonable public access to public resources as required by Article 3.5 of the Subdivision Map Act;

4. That the design of the subdivision or the type of improvements will not cause substantial public health problems; 5. That the design of the subdivision or the type of improvements is not in conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; 6. That the discharge of waste from the proposed subdivision into a sewer system would not result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board; 7. That the property is not, or will not become, unhealthful or unfit for human habitation or occupancy if developed as proposed; 8. That the property is not hazardous for development or habitation because of flooding or inundation, adverse soil or geologic conditions, close proximity to an airport, excessive steepness, difficult access, wildfire hazard or other conditions adverse to the public health, safety or general welfare. (Ord. 1183 § 2, 2006)

15.24 Vesting Tentative Maps 15.24.010 Purpose And Intent 15.24.020 Vesting On Approval Of Vesting Tentative Map 15.24.030 Development Inconsistent With Zoning--Conditional Approval 15.24.040 Applications Inconsistent With Current Policies 15.24.010 Purpose And Intent

It is the purpose of this ordinance to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and the Land Division Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the land division ordinance shall apply to the Vesting Tentative Map Ordinance. To accomplish this purpose, the regulations outlined in this ordinance are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. (Ord. 1183 § 2, 2006) 15.24.020 Vesting On Approval Of Vesting Tentative Map

ovisions of the land division ordinance shall apply to the Vesting Tentative Map Ordinance. To accomplish this purpose, the regulations outlined in this ordinance are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. (Ord. 1183 § 2, 2006) 15.24.020 Vesting On Approval Of Vesting Tentative Map

1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development described in the application in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development described in the application in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

2. Notwithstanding subsection (A), a permit approval extension or entitlement may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; 2. The condition or denial is required in order to comply with state or federal Law.

3. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is approved and recorded, these rights shall last for the following periods of time: 1. An initial time period of two years except where several final maps are recorded on various phases of a project covered by a single vesting tentative map; this initial time period shall be one year and a new one year period shall begin for each phase when the final map for that phase is recorded;

4. The initial time set forth above shall be automatically extended by any time period used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed;

5. A applicant may apply to the planning commission for a one year extension any time before the initial time period set forth expires. If the extension is denied, the applicant may appeal that denial to the board of supervisors within ten days as allowed by Title 15;

6. If the applicant has obtained a building permit and substantial work has been done thereafter in reliance on those permits during the periods of time specified in subdivisions (1) through (3), the rights referred to herein shall continue until the expiration of that permit or any extension of that permit.

7. Fees charged for building permits or land use permits filed subsequent to the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed. Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed. (Ord. 1183 § 2, 2006)

15.24.030 Development Inconsistent With Zoning--Conditional Approval 1. Whenever a applicant files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time, the inconsistency shall be noted on the map by the applicant. The county may deny such a vesting tentative map or approve it conditioned on the applicant, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance or a variance from the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 15.24.020, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

2. The rights conferred by this section shall be for the time period set forth in Section 15.24.020. (Ord. 1183 § 2, 2006)

15.24.040 Applications Inconsistent With Current Policies

Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals of permits for development which depart from the ordinances, policies and standards described in Section 15.24.020 and 15.24.030, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 1183 § 2, 2006)

15.25 Tentative Subdivision Maps

15.25.010 Sites Allocated For Public Purposes 15.25.020 Compliance With Conditions 15.25.030 Failure To Record Approved Maps 15.25.040 Extension Of Time

15.25.010 Sites Allocated For Public Purposes

The Planning Commission may require for subdivisions requiring a Final Map that sites necessary for public purposes be provided or reserved, or that fees for such purposes be paid as follows:

1. Public schools, elementary and secondary, as provided by State Law;

2. Water, sewer, solid waste disposal, drainage and flood control facility sites and easements as required to properly serve individual subdivisions, and to conform to area plan;

3. Public sites for fire stations, libraries and other public uses and services as may be negotiated by public agencies and the applicant. (Ord. 1183 § 2, 2006)

15.25.020 Compliance With Conditions

Following approval of a tentative map, the applicant shall proceed to fulfill all conditions of such approval, and shall cause to be prepared and submitted to the Public Works Director and the Department of Public Health the plans, specifications and other information related subdivision improvements in accordance with the land divisions standards provided for in this Title. (Ord. 1183 § 2, 2006) 15.25.030 Failure To Record Approved Maps

applicant shall proceed to fulfill all conditions of such approval, and shall cause to be prepared and submitted to the Public Works Director and the Department of Public Health the plans, specifications and other information related subdivision improvements in accordance with the land divisions standards provided for in this Title. (Ord. 1183 § 2, 2006) 15.25.030 Failure To Record Approved Maps

All approved or conditionally approved tentative maps shall expire 24 months after such approval or conditional approval. If the applicant fails to submit for processing and recording an approved parcel map or final map before the expiration of the tentative map, the tentative map shall be null and void. If a parcel map or final map is not filed for recording prior to the expiration of the tentative map, a new tentative map shall be required to be submitted, processed and approved. (Ord. 1183 § 2, 2006)

15.25.040 Extension Of Time

Upon written application received by the Director within 24 months after the conditional approval of the tentative map, the Director may extend the time in which the map expires for an additional period not to exceed three years. If the Director denies approval of an extension, the applicant may appeal such denial in writing to the Planning Commission as provided in Chapter 15.05. (Ord. 1183 § 2, 2006) 15.26 Minor Divisions 15.26.010 Requirements 15.26.020 Findings By The Planning Commission 15.26.010 Requirements

the Director may extend the time in which the map expires for an additional period not to exceed three years. If the Director denies approval of an extension, the applicant may appeal such denial in writing to the Planning Commission as provided in Chapter 15.05. (Ord. 1183 § 2, 2006) 15.26 Minor Divisions 15.26.010 Requirements 15.26.020 Findings By The Planning Commission 15.26.010 Requirements

2. In the technical review of charging station, consistent with Government Code section 65850.7, the building official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an "association" which is defined in California Civil Code section 4080 as a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

HISTORY

• Adopted by Ord. 1294 on 12/1/2020 15.265.060 Electric Vehicle Charging Station Installation Requirements 1. Electric Vehicle Charging Station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

• 2. Installation of Electric Vehicle Charging Stations and associated wiring, boding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

  3. Installation of Electric Vehicle Charging Stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electrical vehicle charging equipment shall be considered a continuous load.

  4. Anchorage of either floor-mounted or wall-mounted Electric Vehicle Charging Stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of Charging Stations shall not adversely affect building elements.

|HISTORY
Adopted by Ord.
1294 on 12/1/2020
15.27 Variances
15.27.010 Variances
15.27.020 Findings
15.27.010 Variances
Variances may be granted in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. A practical
difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site
or in the immediate vicinity. A variance shall not be granted to permit a use not permitted in the zone by this title. All variances are to be processed as set forth in chapter 15.04. and may be granted by the
planning commission after making findings as required in section 15.27.020. (Ord. 1200 § 3, 2008; Ord. 1183 § 2, 2006)
15.27.020 Findings
Approval or conditional approval of a variance shall be granted only when the planning commission makes the following findings:
1. Due to special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning classification;
2. The adjustment authorized by the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is
situated. The planning commission shall impose such conditions as will assure continued compliance with this finding;
3. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of real property. (Ord. 1183 § 2, 2006)
15.28 Deviations
15.28.010 Deviations Application
15.28.020 Findings Action By The Planning Commission
15.28.010 Deviations Application
Application for any waiver shall be made by a verified petition of the applicant filed with the director, stating fully the grounds of the application and facts relied upon by the petitioner. Such petition shall
be filed with the tentative map. (Ord. 1183 § 2, 2006)
15.28.020 Findings Action By The Planning Commission
Upon receipt of the director’s recommendation, the planning commission shall approve the waiver request if and only if the following findings are made and supported by substantial evidence in the record:
1. That there are special circumstances or conditions of size and shape affecting the property;
2. That the granting of the waiver will not adversely affect the adopted general plan or specific plan;
3. That the granting of the waiver will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated;
4. In the case of improvements, that the proposed improvements cannot or will not function properly due to the lack of complementary facilities but that the subdivision is nonetheless an effective
workable design, as modified; and
5. In the case of improvements, that the topographic conditions would obstruct the functioning or installation of such improvements but that the subdivision is nonetheless an effective workable
design, as modified. (Ord. 1183 § 2, 2006)
15.29 Amendments
15.29.010 Title Amendment
15.29.020 Zoning Map Amendment
15.29.010 Title Amendment
1. Any provisions of this title other than the zoning maps may be amended whenever the board of supervisors deems that the amendment will be in the best interest of the public. Such amendments
may be initiated by:
1. The board of supervisors upon its own motion; or
2. The planning commission and/or the director.
2. Such amendments are to be processed as set forth in Sections 15.04.010 through 15.04.040.
3. Within forty calendar days of initiation of the procedure to amend this title, the planning commission shall conduct a public meeting to review and to consider the amendments. At the conclusion of
the review, the planning commission shall adopt recommendations on the proposed amendment by resolution and together with its recommendations, report findings a summary of hearings to the
board of supervisors. (Ord. 1183 § 2, 2006)
15.29.020 Zoning Map Amendment
1. Boundaries of any zoning maps established by this title may be amended whenever public necessity, convenience and general welfare require. Such amendments may be initiated by:
1. A verified application of one or more owners of property affected by the proposed amendment;
2. Resolution of intention by the board of supervisors;
3. Resolution of intention by the planning commission.
2. Such amendments are to be processed as set forth in Sections 15.04.010 through 15.04.040. (Ord. 1183 § 2, 2006)
Division 15-3 Development Districts
15.30 Establishment Of Zones
Division 15-3 Part 1 Standard Land Use Districts
Division 15-3 Part 2 Special Land Use Districts
Division 15-3 Part 3 Combining Districts
15.30 Establishment Of Zones
15.30.010 Establishment Of Zones
15.30.020 Zone Maps
15.30.010 Establishment Of Zones
In order to classify, regulate, restrict and separate the use of land, buildings and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various zones and to
regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the unincorporated areas of the county are divided into the
following zones:
TPZ
Timberland Preserve Zone|HISTORY
Adopted by Ord.
1294 on 12/1/2020
15.27 Variances
15.27.010 Variances
15.27.020 Findings
15.27.010 Variances

Variances may be granted in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. A practical
difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site
or in the immediate vicinity. A variance shall not be granted to permit a use not permitted in the zone by this title. All variances are to be processed as set forth in chapter 15.04. and may be granted by the
planning commission after making findings as required in section 15.27.020. (Ord. 1200 § 3, 2008; Ord. 1183 § 2, 2006)
15.27.020 Findings
Approval or conditional approval of a variance shall be granted only when the planning commission makes the following findings:
1. Due to special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning classification;
2. The adjustment authorized by the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is
situated. The planning commission shall impose such conditions as will assure continued compliance with this finding;
3. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of real property. (Ord. 1183 § 2, 2006)
15.28 Deviations
15.28.010 Deviations Application
15.28.020 Findings Action By The Planning Commission
15.28.010 Deviations Application
Application for any waiver shall be made by a verified petition of the applicant filed with the director, stating fully the grounds of the application and facts relied upon by the petitioner. Such petition shall
be filed with the tentative map. (Ord. 1183 § 2, 2006)
15.28.020 Findings Action By The Planning Commission
Upon receipt of the director’s recommendation, the planning commission shall approve the waiver request if and only if the following findings are made and supported by substantial evidence in the record:
1. That there are special circumstances or conditions of size and shape affecting the property;
2. That the granting of the waiver will not adversely affect the adopted general plan or specific plan;
3. That the granting of the waiver will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated;
4. In the case of improvements, that the proposed improvements cannot or will not function properly due to the lack of complementary facilities but that the subdivision is nonetheless an effective
workable design, as modified; and
5. In the case of improvements, that the topographic conditions would obstruct the functioning or installation of such improvements but that the subdivision is nonetheless an effective workable
design, as modified. (Ord. 1183 § 2, 2006)
15.29 Amendments
15.29.010 Title Amendment
15.29.020 Zoning Map Amendment
15.29.010 Title Amendment
1. Any provisions of this title other than the zoning maps may be amended whenever the board of supervisors deems that the amendment will be in the best interest of the public. Such amendments
may be initiated by:
1. The board of supervisors upon its own motion; or
2. The planning commission and/or the director.
2. Such amendments are to be processed as set forth in Sections 15.04.010 through 15.04.040.
3. Within forty calendar days of initiation of the procedure to amend this title, the planning commission shall conduct a public meeting to review and to consider the amendments. At the conclusion of
the review, the planning commission shall adopt recommendations on the proposed amendment by resolution and together with its recommendations, report findings a summary of hearings to the
board of supervisors. (Ord. 1183 § 2, 2006)
15.29.020 Zoning Map Amendment
1. Boundaries of any zoning maps established by this title may be amended whenever public necessity, convenience and general welfare require. Such amendments may be initiated by:
1. A verified application of one or more owners of property affected by the proposed amendment;
2. Resolution of intention by the board of supervisors;
3. Resolution of intention by the planning commission.
2. Such amendments are to be processed as set forth in Sections 15.04.010 through 15.04.040. (Ord. 1183 § 2, 2006)
Division 15-3 Development Districts
15.30 Establishment Of Zones
Division 15-3 Part 1 Standard Land Use Districts
Division 15-3 Part 2 Special Land Use Districts
Division 15-3 Part 3 Combining Districts
15.30 Establishment Of Zones
15.30.010 Establishment Of Zones
15.30.020 Zone Maps
15.30.010 Establishment Of Zones
In order to classify, regulate, restrict and separate the use of land, buildings and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various zones and to
regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the unincorporated areas of the county are divided into the
following zones:
TPZ
Timberland Preserve Zone|

f land, buildings and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various zones and to
regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the unincorporated areas of the county are divided into the
following zones:
TPZ
Timberland Preserve Zone|

|TPZ|Timberland Preserve Zone|

(Ord. 1183 § 2, 2006)

15.30.020 Zone Maps

1. A series of maps, known as “zone maps,” shall be utilized to show the designations and boundaries of each zone district in the unincorporated portion of the county, and shall show base date as the director deems useful or the board of supervisors directs. The maps shall be maintained by the planning authority.

2. A series of maps, known as “special zone maps,” may be utilized to show certain districts or areas in more detail or in a difference arrangement than shown on the zone maps. The maps shall be maintained by the planning authority.

3. The director shall revise these maps to show amendments to the zoning plan, including changes in designations, rezoning of property and clarification of district boundaries made pursuant to section 15.03.010. (Ord. 1183 § 2, 2006)

Division 15-3 Part 1 Standard Land Use Districts 15.31 RZ - Recreation Zone 15.32 FA - Foothill Agricultural/Forestry Zone 15.33 AE - Exclusive Agricultural Zone 15.34 AT - Agricultural Transitional Zone 15.35 RE - Rural Residential Estate Zone 15.36 RE-NW - Rural Residential Estate Zone - North Willows 15.37 R-1 - Single Family Residential Zone 15.38 R-M - Multiple Residential Zone 15.381 MU-R - Mixed Use Residential Zone 15.39 LC - Local Commercial District 15.40 CC - Community Commercial District 15.41 C - Commercial Zone 15.42 SC - Service Commercial District 15.43 HVC - Highway And Visitor Commercial District 15.44 M - Industrial Zone 15.31 RZ - Recreation Zone 15.31.010 Purpose 15.31.020 Permitted Uses 15.31.030 Uses Permitted With A Conditional Use Permit 15.31.040 Uses Permitted With An Administrative Permit 15.31.050 Site Area 15.31.060 Maximum Building Height 15.31.070 Minimum Distance Between Structures 15.31.080 Minimum Yard Requirements

15.31.010 Purpose

This zoning classification is intended to be applied in the mountainous and hilly areas of the county in which recreation may become the desirable predominant use, in which light agriculture and forestry will be the secondary uses, and in which protection of the watershed lands and sources of water supply from fire, pollution, erosion and other detrimental effects is essential to the general welfare. (Ord. 1183 § 2, 2006)

15.31.020 Permitted Uses

The following uses and structures shall be permitted in the RZ zone:

1. One single-family dwelling or mobilehome for each one hundred sixty acres, private farm buildings and accessory buildings and uses (refer to mobilehome standards);

2. Home occupations if a permit is secured pursuant to Chapter 15.78;

3. Crop and tree farming, grazing, animal husbandry, dairies, nurseries and greenhouses for the propagation of plants;

4. Riding clubs, golf courses and country clubs;

5. Parks and recreation facilities for day use only (excluding recreational vehicle and trailer parks and amusement parks);

6. Food and beverage service and concession facilities (excluding restaurants) subject to Chapter 15.745;

7. Recreation offices, headquarters, maintenance facilities and workshops;

8. Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises; provided, that there shall be no more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred square feet, and it shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction.

9. One second dwelling subject to Chapter 15.175. (Ord. 1263 § 4, 2017; Ord. 1183 § 2, 2006)

15.31.030 Uses Permitted With A Conditional Use Permit

The following uses and structures may be permitted only if a conditional use permit has first been secured:

1. Amusement parks;

2. Campgrounds and recreational vehicle parks;

   3. Boat sales;

   4. Restaurants subject to Chapter 15.745;

   5. Planned mobilehome parks;

   6. Motels subject to Chapter 15.745;

   7. Sporting good stores, and other similar retail and service establishments necessary to serve the public in recreation areas; 8. Sawmills;

   8. Commercial cattle and hog feed lots, fruit and vegetable packing and processing plants, wineries, veterinary hospitals and kennels, airports, extraction of natural materials, cemeteries;

   9. Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots;

3. Commercial storage (storage for resale) of inflammable fluid or gas fuels in a quantity greater than five hundred gallons in any container less than two and one-half feet below the surface of the ground. (Ord. 1183 § 2, 2006)

15.31.040 Uses Permitted With An Administrative Permit

The following uses and structures may be permitted only if an administrative permit has first been secured:

1. Natural gas wells. (Ord. 1263 § 5, 2017; Ord. 1183 § 2, 2006)