Article 27

• 27.1 Purpose: All uses listed in this Article and all matters related thereto, are declared to be uses possessing characteristics of unique and special form as to make their use acceptable in one or more districts upon issuance of a zoning permit, minor or major use permit in addition to any required building, grading or health permits. ( New Table A, Ord. No. 1749, 7/7/1988; Ord. No. 1820, 5/11/1989; Ord. No. 2536, 8/31/2000; Ord. No. 2594, 07/25/2002)

• 27.2 Uses generally permitted with a zoning permit: Uses listed in Table A are permitted in the zoning districts indicated upon issuance of a zoning permit in the case of the symbol “ λ ” pursuant to the provisions of Section 27.3 and Article 49.

• (a) Accessory residence to a commercial use:

  1. The accessory residence shall be constructed concurrently with, or subsequent to the construction of the commercial building and shall be an accessory use to the principal commercial building or use in terms of duration or size.

  2. A combination office, accessory residence, or an accessory residence utilized as an office may be located in the front one-half of the lot, subject to the development standards of the base district. (Ord. No. 1749, 7/7/1988)

  3. If detached, the accessory residence shall be located on the rear one half (1/2) of the lot and at least ten (10) feet from any commercial building or dwelling on the same lot, or any adjacent lot. If attached, the accessory residence shall be to the rear of the principal commercial building or on a second or higher floor.

  4. The accessory residence must be provided with a minimum of two hundred (200) square feet of usable private open space, in the form of enclosed yard, decks, or balconies, not including any required yard area.

  5. Fire and vehicular access to the accessory residence of at least twelve (12) feet in width must be provided from a street or alley of a minimum width of twenty (20) feet.

  6. The accessory residence must be provided with a separate means of ingress and egress to the ground outside of the building when the accessory residence is an integral part of a business structure.

  7. The accessory residence shall comply with the development standards of the zoning district and the performance standards of Article 41

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• -Zoning Permit Standards Included in Subsections 27.3(a) thru (y) Note: Also refer to Articles 13 and 15 for PDC and PDR

(1.Ord. No. 1749, 7/7/1988; 2. Ord. No. 1820, 05/11/1989; 3. Ord. No. 1897, 12/7/1989; 4. Ord. 1974, 12/20/1990; 5. Ord. No. 2128, 1/14/1993; 6. Ord. No. 2172, 08/12/1993; 7. Ord. No. 2594, 07/25/2002; 8. Ord. No. 2618, 02/27/2003; 8. Ord. No. 2947, 5/3/2011, 9. Ord. No. 3021, 12/16/2014, 10. Ord 3073, 4/19/2018, 11. Ord. No. 3077, 11/20/2018)

8. One (1) parking space shall be provided for the exclusive use of the accessory residence in addition to the parking requirements of the commercial building or use.

9. Accessory residences in the “R3”, “C1”, “C2”, “CR”, “CH” and “PDC” districts shall meet the minimum residential construction standards of the “R1” district, Section 10.20, except for foundations required in 10.20(c). Accessory residences in the “C3”, “M1” and “M2” districts shall meet the minimum construction standards of the “MH” combining district, Section 32.11, except for foundations required in Section 32.11(c). (Ord. No. 1974, 12/20/1990; Ord. No. 2128, 1/14/1993)

(b) Agricultural family dwelling:

1. The agricultural family dwelling shall be incidental to the principal dwelling of the full-time operator in terms of size, and shall be located a distance not to exceed two hundred (200) feet from the main dwelling. Agricultural family dwellings may be located further than two hundred (200) feet from the main dwelling upon securing a minor use permit in each case. (Ord. No. 1749, 7/7/1988)

2. The parcel shall contain a minimum of forty (40) acres.

3. The agricultural family dwelling and any accessory structures shall comply with the development standards of the zoning district and the performance standards of Article 41.

4. The agricultural family dwelling shall not be leased, subleased, rented, or subrented to persons not directly involved in the agricultural operation.

5. One (1) parking space shall be provided for the exclusive use of the agfamily dwelling in addition to the parking requirements of the principal dwelling.

6. The provisions of this Subsection shall not apply to single-family dwellings or mobile homes established prior to the effective date of this ordinance. (Ord. No. 1749, 7/7/1988)

(c) Bed and breakfast:

1. A bed and breakfast shall contain no more than two (2) guest rooms used, designed or intended to be used, let or hired out for occupancy for one (1) or more guests.

2. Additions to an existing residence for the purpose of establishing a bed and breakfast shall be limited to fifteen (15) percent of the existing floor space of the residence.

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3. Existing residences, new residences and any accessory structures shall comply with the development standards of the zoning district and the performance standards of Article 41.

4. The applicant shall comply with any fire and life safety requirements imposed by the County building official according to the Uniform Building Code and Uniform Fire Code.

5. A zoning permit for a bed and breakfast shall be valid for a period not to exceed five (5) years. Continuance of the use shall require reapplication for each successive five (5) year term. Such reapplication shall be filed with the Planning Department for approval prior to the date of zoning permit expiration.

6. Residential, commercial or agricultural accessory structures shall not be used for rental occupancy.

7. No cooking facilities shall be permitted in guest rooms and food service is limited to continental breakfasts served to guests only. No commercial or “Restaurant Act Kitchen” is permitted.

8. Signs shall be limited to one (1) three (3) square foot non-illuminated or indirectly illuminated attached or free-standing sign; except in the “R1” and “R2” districts, where signs shall be limited to one (1) two (2) square foot non-Illuminated attached or free-standing sign.

9. One (1) parking space per guestroom shall be provided for the exclusive use of the guests in addition to the parking requirements of the principal residence.

10. Bed and breakfasts in the “CR” and “CH” zoning districts not located in a dwelling unit existing prior to the effective date of this Ordinance shall be subject to all the provisions of Section 27.13(b). (Ord. No. 1897, 12/7/1989)

(d) Christmas tree sales:

1. Christmas tree sales including any accessory structures shall comply with the development standards of the zoning district.

2. No trees or advertising signs shall be displayed within the public right-ofway. Signs shall be subject to the provisions of Article 45.

3. High intensity lights of one thousand (1,000) watts or more used for night display shall be shielded or directed at the use area. (Ord. No. 1749, 7/7/1988)

4. There shall be an area reserved for loading and unloading of trees. Egress

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and ingress shall be clearly marked.

5. There shall be a minimum of three (3) on-site parking spaces meeting the requirements of Article 46 provided for the exclusive use of the Christmas tree sales in addition to the parking requirements of the principal use or structure.

6. A zoning permit for Christmas tree sales shall only be valid between November 15 and January 2. Lots or parcels utilized for tree sales shall be cleared of such use by the date of permit expiration. Only one (1) sales permit per parcel per year is permitted. (Ord. No. 1749, 7/7/1988)

(e) Dam or reservoir, small: (Ord. No. 1749, 7/7/1988)

1. The proposed site of the small dam or reservoir shall not be identified on any U.S. Geological Survey map as a lake, marsh, or solid or broken “blue line” stream.

2. A small dam shall not exceed six (6) feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier; a small reservoir is larger than one (1) acre foot and shall not exceed five (5) acre feet.

3. All dams or reservoirs shall be accompanied by a plan approved by the U.S.D.A., Soil Conservation Service or prepared by a registered civil engineer, except as provided in Subsection 4 or 5 below.

4. Excavated or embankment ponds under one (1) acre foot in capacity or dams less than three (3) feet in height need not include engineered plans or water rights determination.

5. Excavated ponds less than five (5) acre feet when constructed totally below natural grade and off watercourses need not submit engineered plans.

6. All dams or reservoirs shall be accompanied by a 1601 or 1603 permit issued by the State Department of Fish and Game if located on a stream.

7. The applicant shall apply to the State Department of Water Resources, Division of Water Rights for water rights determination or permit, except as provided in Subsection 4 above. The permittee shall file with the Planning Department all applicable water rights determinations or permits prior to construction of dam. (Ord. No. 1749, 7/7/1988)

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(e cont.) Dam or reservoir, medium: (Ord. No. 1749, 7/7/1988)

1. The proposed site of the medium dam or reservoir shall not be identified on any U.S. Geological Survey Map as a lake, marsh, or solid or broken “blue line” stream.

2. A medium dam shall not exceed fifteen (15) feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier; a medium reservoir shall not exceed fifteen (15) acre feet.

3. All applications for medium dams or reservoirs shall be accompanied by a detailed plan approved by the U.S.D.A., Soil Conservation Service or prepared by a registered civil engineer with assistance of a certified engineering geologist.

4. All applications for medium dams or reservoirs shall be accompanied by an approved 1601 of 1603 permit issued by the State Department of Fish and Game if located on a stream.

5. The applicant shall apply to the State Department of Water Resources, Division of Water Rights for water rights determination or permit. The permittee shall file with the Planning Department a favorable water rights determination or permit prior to issuance of grading or building permits for construction of a medium dam or reservoir.

(fa) Reverse vending machine: (Ord. No. 1749, 7/7/1988)

1. Reverse vending machines shall be an accessory use to a commercial or industrial district use.

2. Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

• Shall not occupy parking spaces required by the primary use.

4. Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height.

5. Shall be constructed and maintained with durable waterproof and rustproof material.

6. Shall be clearly marked to identify the type of material to be deposited, operating instruction, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

7. Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions.

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8. Shall be maintained in a clean, litter-free condition on a daily basis.

9. Operating hours shall be at least the operating hours of the host use.

10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

11. Reverse vending machines located within an existing commercial or industrial building do not require a zoning permit.

12. Reverse vending machines not meeting one or more of these conditions may be approved upon first securing a minor use permit in each case. (Ord. No. 1749, 7/7/1988)

• (fb) Small recycling center: (Ord. No. 1749, 7/7/1988)

  1. Small recycling facilities shall be an accessory use to a commercial or industrial district use and include bulk reverse vending machines and mobile recycling units.

  2. Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

  3. Shall be set back at least ten (10) feet from any street line and shall not obstruct pedestrian or vehicular circulation.

  4. Shall be limited to the collection in separate containers of the following: metals, glass, aluminum or bi-metal cans, plastic containers, newsprint, cardboard, paper bags, clothing and small household items.

  5. Shall not collect large or bulky items such as furniture, building materials, large appliances, auto parts or similar items.

  6. Shall use no power-driven processing equipment except for reverse vending machines.

  7. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, shall be of a capacity sufficient to accommodate materials collected and collection schedule, and be maintained in good repair so as not to be hazardous to the public or visually offensive.

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

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9. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

10. Noise levels shall not exceed the noise levels of Section 21-41.11.

11. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

12. Containers for the 24-hour donation of materials shall be at least one hundred (100) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

13. Shall not be located in any required landscape, yard or setback area; nor be so located as to obstruct traffic or reduce sight distance at any driveway or intersection.

14. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space will be provided for the attendant, if needed.

15. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use by more than three (3) spaces.

16. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

17. Appurtenant signs, in addition to those required in condition 16, shall be limited to two (2) single-faced sixteen (16) square foot non-illuminated attached signs.

18. Small recycling centers not meeting one or more of these conditions may be approved upon first securing a minor use permit in each case (Ord. No. 1749, 7/7/1988) .

• (g) Farm labor quarters:

  1. One (1) mobile home or single-family dwelling meeting the minimum construction standards of Section 32.11 may be permitted for farm help employed principally on land owned by the owner of the building site for

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each of the following agricultural uses conducted on the premises: (Ord. No. 1749, 7/7/1988)

• i. Fifty (50) dairy or purebred cows or one hundred (100) beef cattle; or

• ii. Twenty (20) acres of grapes, apples, pears, walnuts or prunes; or

• iii. Twenty thousand (20,000) broiler chickens, fifteen thousand (15,000) egg-laying hens, or three thousand (3,000) turkeys; or

• iv. Fifteen (15) brood mares; or

• v. Wholesale nurseries with a minimum of either one (1) acre of propagating greenhouse, or three (3) acres of field-grown plant materials or containers; or

• vi. Five hundred (500) sheep or two hundred fifty (250) goats; or

• vii. At least fifty (50) dairy goats or hogs; or

• viii. Any other agricultural use, or combination of uses, which the Planning Director, in consultation with the Agricultural Commissioner, determines to be of the same approximate agricultural value and intensity as (i) through (vii) above.

• ix. Farm labor quarters for agricultural uses not meeting the criteria of (i) through (viii) above may be permitted upon first securing a major use permit in each case. The Review Authority shall find in each case that:

  1. A bona-fide agricultural use operates on the site, and

  2. That the qualifying agricultural use existed prior to application for the farm labor quarters, and

  3. The owner of the property resides on the same parcel where the farm labor quarters will be located. (Ord. No. 1749, 7/7/1988)

2. Farm labor quarters shall comply with the development standards of the base zoning district, and combining district where applicable.

3. Parking shall be provided as required in Article 46.

4. Trailer coaches, mobile homes and single-family dwellings not meeting the minimum construction standards of Section 32.11 may be approved upon first securing a minor use permit in each case. The Review Authority shall review each minor use permit to insure that the proposed

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quarters will be compatible with existing development through conditioning the permit, which may include conditions as to: size, screening, access, siting and construction standards for the proposed dwelling unit. (Ord. No. 1749, 7/7/1988)

5. Farm labor quarters are exempt from the foundation requirements of Section 21-32.11. (Ord. No. 1974, 12/20/1990)

(h) Granny unit:

1. A granny unit zoning permit may only be issued subsequent to or concurrently with the construction of the principal dwelling on the same parcel.

2. A granny unit shall meet the development standards of the zoning district (except as provided in Subsection 6 below) and the performance standards of Article 41.

3. The granny unit may be attached or detached from the principal dwelling, provide that all of the setbacks of the base zoning district applicable to the primary dwelling are met. (Ord. No. 2886, 01/27/2009)

4. A granny unit shall not be permitted on a lot in addition to a guest house, residential second unit or similar dwelling. If a granny unit has been approved on a lot, a guest house, residential second unit or similar dwelling shall not be permitted unless the granny unit is removed, or converted to another authorized use.

5. The gross floor area of the granny unit shall not exceed seven hundred and twenty (720) square feet on parcels with a net parcel size less than 40,000 square feet. On parcels of 40,000 square feet or larger net parcel size, the granny unit shall not exceed one thousand and eight (1,008) square feet. For the purpose of this Section, gross floor area shall not include garages and opened or covered porches, and net parcel size shall not include land serving as any road easement. (Ord. No. 1749, 7/7/1988; Ord. No. 2618, 2/27/2003)

6. In addition to the parking requirements of the principal residence, one (1) parking space shall be provided for the exclusive use of granny units that are 720 square feet or less in size, and two (2) parking spaces shall be provided for granny units that exceed 720 square feet. (Ord. No. 2618, 2/27/2003)

7. The granny unit shall contain kitchen and bathroom facilities separate from those of the principal dwelling.

• (i)

Guest house:

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1. A guest house shall be an accessory structure consisting of a detached living quarter of permanent type of construction, located within two hundred (200) feet of the main building.

2. The guest house shall not contain provisions for kitchens. (Ord. No. 1749, 7/7/1988)

3. The guest house shall not be leased, subleased, rented, or subrented separately from the main dwelling.

4. The minimum gross floor area required for a guest house shall be two hundred (200) square feet, and shall not exceed a maximum of one thousand (1,000) square feet.

5. Vehicle access to the guest house shall be by way of the driveway of the main building and in no case shall a separate point of access be created to the adjoining road or highway.

6. One (1) parking space shall be provided for the exclusive use of the guest house in addition to the parking requirements of the principal residence.

7. Guest houses shall comply with the development standards of the zoning district (except as noted in Subsection 4 above) and the performance standards of Article 41.

8. A guest house shall not be permitted on a lot in addition to a granny unit, residential second unit, ag family dwelling, farm labor quarters or similar dwelling. If a guest house has been approved on a lot, a granny unit, residential second unit, ag family dwelling, farm labor quarters or similar dwelling shall not be permitted unless the guest house is removed, or converted to another authorized use. (Ord. No. 1820, 5/11/1989)

9. A hardship guest house with a temporary kitchen may be approved upon first securing a minor use permit in each case. Any minor use permit for a hardship guest house shall meet the following conditions (Ord. No. 1749, 7/7/1988; Ord. No. 2618, 2/27/2003) :

   • i. Kitchen facilities shall be removed upon expiration of the permit.

   • ii. The minor use permit shall be valid for a period of three (3) years or longer as determined by the Review Authority.

   • iii. The permit shall expire upon any sale or transfer of the property.

   • iv. A hardship guest house shall comply with all conditions pertaining to a guest house except condition 27.3(i)2. (Ord. No. 1749, 7/7/1988)

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• v. A mobile home approved for use as a hardship guest house shall not be located on a permanent foundation. (Ord. No. 1974, 12/20/1990)

10. The Review Authority granting a use permit for a hardship unit shall find, based on a physician’s or other licensed health care professional’s documentation, that a physical or mental impairment has resulted in the need for a supervised living environment for the impaired person. For a hardship guest house located in the “APZ”, “A”, or “TPZ” districts, physical impairment shall not include any respiratory, allergic, or other impairment incompatible with agricultural operations.

• (Ord. No. 1749, 7/7/1988; Ord. No. 1820, 5/11/1989)

11. Notwithstanding Section 21-27.3(i)7., trailer coaches or mobile homes not meeting the minimum construction standards of Section 32.11 may be approved for a hardship guest house in the “A”, “APZ”, and “TPZ” districts upon a finding by the Review Authority that the proposed quarters will be compatible with existing development. The use permit may include conditions as to: Size, screening, access, siting and construction standards for the proposed dwelling unit. (Ord. No. 1820, 5/11/1989)

(j) Home Occupation: (Ord. No. 2172, 8/12/1993)

1. The home occupation shall be strictly secondary and subordinate to the principal residential use and shall not change or detrimentally affect the residential, agricultural or rural character of the dwelling, premises, or neighborhood.

2. In the “R1” and “R2” districts and on lots of less than one (1) acre in the “SR” district, the home occupation shall be conducted only in the dwelling or attached garage, and not in any detached garage, storage shed, or accessory building. In other districts where home occupation is allowed, the home occupation shall be conducted entirely within the dwelling or an accessory structure that is incidental in size to the principal dwelling. (Ord. No. 1749, 7/7/1988)

the “SR” district, the home occupation shall be conducted only in the dwelling or attached garage, and not in any detached garage, storage shed, or accessory building. In other districts where home occupation is allowed, the home occupation shall be conducted entirely within the dwelling or an accessory structure that is incidental in size to the principal dwelling. (Ord. No. 1749, 7/7/1988)

3. Any structural alterations to the dwelling for the home occupation may be approved subject to the review and approval of the Planning Director, if consistent with the character of the area and the architecture of the building. (Ord. No. 1749, 7/7/1988)

4. In the “R1” and “R2” districts and on lots of less than one (1) acre in the “SR” district, the home occupation shall be conducted solely by the dwelling occupant(s) and no on-site employees shall be connected with the home occupation. In other zoning districts, on-site employees shall be limited to one (1) employee per two (2) acres and a maximum of five (5) employees.

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5. Pick-up and deliveries to the premises by commercial carrier are limited to ten (10) per week.

6. One (1) non-illuminated sign shall be permitted. In the “R1” and “R2” zoning districts and on lots of less than one (1) acre in the “SR” district, signs shall not exceed one (1) square foot in area, and shall be mounted flat against the wall of the dwelling or on the face of a fence. In other zoning districts where home occupation is allowed, signs shall not exceed two (2) square feet in area and may be located anywhere on the parcel.

7. A maximum of eight (8) customers, clients, students, or other persons served by the home occupation(s) shall be permitted on the premises on any one (1) day, only between the hours of 8:00 a.m. and 8:00 p.m., and for no more than one (1) hour at a time. Exceptions to these time limits may be approved through the minor use permit process. Home occupations involving visits by customers, clients, students, or other persons served by the home occupation shall only be permitted in single- family dwellings. (Ord. No. 1749, 7/7/1988)

8. A home occupation shall not create any radio or television interference or create noise audible at the property line.

9. There shall be no outdoor storage of materials or supplies related to the home occupations.

10. In the “R1”, “R2” and “SR” districts, other than vehicles associated with principal uses of the property, one (1) vehicle shall be permitted in connection with the home occupation not to exceed one and one-half (11/2) ton capacity. In other zoning districts where home occupation is allowed, a maximum of two (2) vehicles, not to exceed one and one-half (11/2) ton capacity each, shall be permitted. (Ord. No. 1749, 7/7/1988)

11. In addition to the on-site parking required for the principal residential use, on-site parking shall be provided for all vehicles connected with the home occupation. (Ord. No. 2172, 8/12/1993)

(k) Newspaper distribution centers:

1. Each individual newspaper publisher, distributor, or contractor proposing to establish a distribution center shall obtain a zoning permit.

2. Newspaper distribution centers for the distribution of bundled newspapers to carriers, including incidental folding, inserting, etc; shall not be located within two hundred (200) feet of any residence.

3. No new structures shall be permitted without application for a minor use permit.

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4. The permittee shall supervise carriers so that the operation will not disturb the sleep of nearby residents. To this end, there shall be no outdoor music, no bright lights, no loud conversation, and no idling of vehicle motors; and the permittee shall closely monitor carriers and employees to insure strict adherence to all motor vehicle codes.

5. Access to any distribution center shall be by a paved public street.

6. The site shall be kept clear of any litter or debris.

7. The zoning permit for a newspaper distribution center shall be valid for a period of one (1) year. Application for extension of the zoning permit shall be in writing on the form provided by the Planning Department. Such application shall be made prior to the expiration of the current permit. The permit may be extended up to three (3) years per extension request. The Planning Director may require application for a use permit for extension of a zoning permit if after inspection or complaints indicate that the use may be objectionable by reason of production of emission of noise, offensive odor, smoke, dust, bright lights, vibration, or unusual traffic.

(l) Produce stand:

1. Only one (1) produce stand shall be permitted per lot.

2. A produce stand shall be permitted only if accessory to crop production on the same lot.

3. A produce stand may sell fruits, vegetables, nuts and cut flowers grown on the same lot or on other lots in the County; and may sell other agricultural products produced in the County such as eggs, honey or beeswax.

4. A produce stand may sell only those ornamental plants that are grown on the same lot as such stand is located.

5. No commodities other than those listed above may be sold from a produce stand.

6. The floor area of such stand shall not exceed four hundred (400) square feet. (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993)

7. The produce stand shall not be located or maintained within thirty (30) feet of any public road, street or highway. This setback area shall be kept free to provide for off-street parking.

8. The produce stand shall be of a temporary nature and shall not be constructed with a permanent foundation.

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9. Signs shall be limited to two (2) single-faced sixteen (16) square foot nonilluminated signs, attached to the stand. Sign dimensions shall not exceed four (4) feet. (Ord. No. 1749, 7/7/1988)

(m) Residential second unit:

1. A residential second unit, attached or detached, shall meet the development standards of the zoning district and the performance standards of Article 41.

2. No more than one (1) attached or detached residential second unit shall be permitted on any one lot.

3. The residential second unit shall not exceed the density of the Lake County General Plan.

4. A residential second unit shall not be permitted on a lot in addition to a guest house, granny unit or similar dwelling. If a residential second unit has been approved on a lot, a guest house, granny unit or similar dwelling shall not be permitted unless the residential second unit is removed, or converted to another authorized use.

5. The residential second unit shall contain kitchen and bathroom facilities separate from those of the principal dwelling.

6. REPEALED (Ord. No. 1749, 7/7/1988)

- (n) Rummage sale, non profit:

1. A rummage sale shall be limited to the sale of second-hand goods by individuals or non-profit organizations, including garage and yard sales which are open to the public and occur more than six (6) days per calendar year but not to exceed twelve (12) days per calendar year.

2. The permittee shall supervise all participants so that the sale will not disturb nearby residents. To this end, there shall be no outdoor or amplified music, no sales open to the public before 8:00 a.m. or after 6:00 p.m., no continuous operation of gas-powered equipment, and no sales of live animals or pets.

3. The site shall be kept clear of any litter or debris and returned to its original condition, unless alternative measures have been approved by the Planning Director.

4. A rummage sale shall not be located so as to obstruct traffic or reduce sight distance at any driveway or intersection.

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5. Two (2) signs shall be permitted for individuals limited to two (2) square feet in area each, non-illuminated, and in-place only during the sale; signs for non-profit organizations shall be limited to thirty-two (32) square feet in area, non-illuminated, and in-place only during the sale.

6. Applicants shall provide a parking plan which provides for sufficient numbers of parking spaces, adequate access and circulation, for review and approval by the Planning Director.

7. A rummage sale shall not reduce the number or usability of parking spaces for other uses on the site below the minimum required by the base zoning district or as required by use permit, unless such sale is conducted during a time when all other uses on the site are closed to the public.

8. The rummage sale zoning permit shall be valid for one (1) calendar year or twelve (12) days of actual sale, whichever occurs first. The permit may be extended on a year to year basis upon submittal of an application for extension. The Planning Director may require application for a use permit for extension of a zoning permit if after inspection or complaints indicate that the use may be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration, unusual traffic, or involve the handling of explosives or dangerous materials.

- (o) Special outdoor event, non profit:

1. A special outdoor event shall include but not be limited to outdoor activities such as street dances, craft fairs, sporting events, harvest festivals, open-air plays, sidewalk or parking lot sales when sponsored by an individual(s) or non-profit organizations and not to exceed three (3) days duration. Special outdoor event shall not include events held by individual(s) or non-profit organizations which occur on land specifically designed for such events, including but not limited to sporting stadiums, race tracks, and fraternal lodge or club yard areas.

2. No more than three (3) special events per calendar year shall be permitted on the same site.

3. The permittee shall supervise all participants so that the special event will not disturb nearby residents.

4. The special event shall be limited to the hours of 7:00 a.m. to 10:00 p.m., not including all setting-up and taking-down of displays, booths, stages, sound and lighting equipment. Street dances shall be limited to approved house of operation.

5. Special events, excluding sporting events, shall not obstruct traffic or reduce sight distance at any driveway or intersection.

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6. The applicant shall submit for each event the following plans for review prior to issuance of a special event zoning permit, unless waived by the Planning Director:

   • i. Project description including estimated number of participants and spectators.

   • ii. Parking and traffic control plan which provides for sufficient parking, circulation and access.

   • iii. Solid and liquid waste disposal plan which provides for adequate means for solid and liquid waste disposal and removal.

   • iv. Public safety, noise, crowd control, and emergency contingency plan(s).

7. The site shall be kept clear of any litter or debris and shall be returned to its original condition upon completion of each event unless alternative measures have been approved by the Planning Director.

8. A special event shall not reduce the number or usability of parking spaces for other uses on the lot below the minimum required by the zoning district or as required by use permit, unless such event is scheduled to occur during a time when all other uses on the site are closed to the public.

9. The permit may be extended up to three (3) years per request upon application at the Planning Department. The Planning Director may require application for a use permit for extension of a zoning permit if inspection or complaints indicate that the use may be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration, unusual traffic, or involves the handling of explosives or dangerous materials.

(p) Temporary dwelling:

1. One (1) trailer coach, recreational vehicle, mobile home or single-family dwelling may be used as a temporary dwelling unit for a period of time not to exceed one (1) year during the construction of a dwelling unit on the same lot. In the case of a manufactured home installation, the temporary dwelling unit may be used for a period of time not to exceed three (3) months. (Ord. No. 2128, 1/14/1993; Ord. No. 2618, 2/27/2003)

onal vehicle, mobile home or single-family dwelling may be used as a temporary dwelling unit for a period of time not to exceed one (1) year during the construction of a dwelling unit on the same lot. In the case of a manufactured home installation, the temporary dwelling unit may be used for a period of time not to exceed three (3) months. (Ord. No. 2128, 1/14/1993; Ord. No. 2618, 2/27/2003)

2. Applicants for a temporary dwelling zoning permit shall, prior to issuance of a zoning permit:

   • i. Obtain a building permit for the principal dwelling unit.

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• ii. Obtain building and health permits for the inspection of the water supply, waste discharge system and electrical installation for the temporary dwelling.

• iii. If the principle dwelling will be constructed on site, install the foundation or waste discharge system for said dwelling. If the principal dwelling will be a manufactured home, install the waste discharge for said home. (Ord. No. 2618, 2/27/2003)

• iv. Obtain a demolition permit from the County for the removal of the temporary dwelling if it is an existing mobile home on the site. If the temporary dwelling is an existing single-family dwelling, obtain a building permit for its demolition or conversion to another use. Mobile homes may not be converted to another use. (Ord. No. 2128, 1/14/1993; Ord. No. 2618, 2/27/2003)

3. The temporary dwelling shall be removed from the lot if it is a mobile home, or disconnected from water, waste discharge system and electrical services if it is a recreational vehicle, within forty-five (45) days of completion of the home or approval of an occupancy permit for the principal dwelling by the County, whichever is earlier, but not to exceed three (3) months in case of a manufactured home. (Ord. No. 2618, 2/27/2003)

4. To determine compliance with Subsection 3 above, the applicant shall obtain an inspection of the property upon completion of the principal dwelling unit, within one (1) year of the issuance of the zoning permit in the case of a principal dwelling constructed on site, or within three (3) months in the case of a manufactured home. (Ord. No. 2618, 2/27/2003)

5. If the principal dwelling is constructed on site, two (2) extensions of a temporary dwelling zoning permit may be issued on the same lot, each for an additional one (1) year period, upon application in writing for an extension. If the principal dwelling is a manufactured home, one (1) extension of the temporary dwelling zoning permit may be issued on the lot, for an additional three (3) month period. Application for extension shall be subject to the same procedures and requirements as the original zoning permit as specified in Subsections 1 through 4 above. (Ord. No. 1749, 7/7/1988; Ord. No. 2618, 2/27/2003)

6. Application for an extension shall be accompanied by evidence of valid building permits and evidence of substantial progress of construction, which may be photographs or an inspection report from the County. (Ord. No. 1897, 12/7/1989; Ord. No. 2618, 2/27/2003)

7. A temporary dwelling shall meet the performance standards of Article 41 and all development standards of the zoning district except for the minimum residential construction standards.

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(q) Temporary office:

1. One (1) commercial coach-mobile home may be used as a temporary office for a period of time not to exceed one (1) year during the construction of a commercial office on the same site.

2. Applicants for a temporary office zoning permit shall, prior to issuance of a zoning permit:

   • i. Obtain a building permit for the principal structure.

   • ii. Obtain building and health permits for the inspection of the water supply, waste discharge system and electrical installation for the temporary office.

   • iii. Install the foundation or waste discharge system for the principal office.

3. The temporary office shall not be permanently attached to the ground and shall be of such a size that it is readily removable.

4. The temporary office shall be removed from the site within forty-five (45) days of completion of the office or commercial building, or approval of an occupancy permit for the principal structure by the County Building Department, but not to exceed one (1) year from the issuance of the zoning permit.

5. The applicant shall obtain an inspection permit for the inspection of the property upon completion of the principal structure, but no later than one (1) year after the issuance of the zoning permit to determine compliance with Subsection 4 above.

6. Two (2) extensions of a temporary office zoning permit may be issued on the same site for an additional one (1) year period upon application in writing for an extension. Applications for extension shall be subject to the same procedures and requirements as the original zoning permit as specified in Subsections 1 through 4 above. (Ord. No. 1749, 7/7/1988)

7. Application for an extension shall be accompanied by evidence of valid building permits and evidence of substantial progress of construction, which may be photographs or an inspection report from the County Building Department.

8. A temporary office shall meet the development standards of the zoning district but need not meet the general performance standards of Article 41.

(r) Temporary construction office:

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1. One (1) commercial coach-mobile home may be used as a temporary construction office during a construction project approved pursuant to the requirements of this Chapter.

2. Applicants for a temporary construction office zoning permit shall obtain building and health permits, as applicable, for the inspection of the water supply, waste discharge system and electrical installation for the temporary construction office.

3. The temporary construction office shall not be permanently attached to the ground and shall be of such a size that it is readily removable.

4. All uses shall be conducted within the temporary construction office, and no outdoor storage or work areas shall be authorized by the temporary construction office zoning permit, except for trash storage containers.

5. Signs shall meet the requirements of Article 45.

6. The permit shall expire after either: 1) the project has been completed; or 2) the contractor has completed the contract or the contract between the County and the occupant has been terminated; or 3) three (3) years after its issuance, whichever is earlier. (Ord. No. 1749, 7/7/1988)

   7. The temporary construction office shall be removed from the site within forty-five (45) days after the completion of the project, vacation by the occupant, termination of the contract, or expiration of the permit, whichever is earlier.

• (s) Temporary sales office for an approved subdivision:

  1. The sales office may be located either on one of the proposed lots of a subdivision upon approval by the Planning Commission of a tentative subdivision map or on one of the recorded lots in a subdivision of the same subdivider in the immediate vicinity.

  2. The sales office shall not be permanently attached to the ground and shall be of such a size that it is readily removable unless it is within some portion of a model home, other than the garage, or unless the Planning Commission has approved its conversion to a permanent use.

  3. So long as it is used as a sales office, it shall not be used for any purpose other than the sale of lots in the particular subdivision within which it is located or for the sale of lots in a subdivision of the same subdivider in the immediate vicinity.

  4. The garage of a model home may be used for the sales office subject to conversion of the tract office to a garage at the expiration of the permit.

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No occupancy of the model home for dwelling purposes shall be permitted until the office has been removed or a covered space is provided for the dwelling unit.

5. The permit shall expire after either: 1) initial sales have been made of all lots within the tract within which it is located or all lots in a subdivision of the same subdivider in the immediate vicinity; or 2) three (3) years after its issuance, whichever is earlier. The permit may be extended by the Planning Director upon application of the subdivider for good cause shown. (Ord. No. 1749, 7/7/1988)

(t) Wind energy conversion system, (WECS):

1. One (1) wind energy conversion system (WECS) shall be permitted per lot. More than one (1) WECS per lot or a WECS which cannot meet the standards of this Subsection shall require a major use permit pursuant to Section 27.14(ai).

2. The WECS shall not exceed one hundred fifty (150) feet in tower height or seven hundred six (706) square feet of rotor (30’ diameter).

3. The WECS shall be set back a minimum distance of one and one-quarter (1¼) times the total height of the structure from any lot line and a minimum of ten (10) feet from any other structure on the property.

4. The minimum height of the lowest part of the blade tips shall be thirty (30) feet above the maximum building height limit of the base zoning district or thirty (30) feet above all structures or trees within a (200) foot radius. WECS which convert kinetic energy of wind into mechanical energy to pump water shall have a minimum clearance of fifteen (15) feet from the lowest extension of the blade tip to the ground.

5. Lattice or other towers capable of being climbed shall have:

   • i. Tower climbing apparatus located not closer than twelve (12) feet from the ground; or

   • ii. A locked anti-climb device installed on tower; or

   • iii. The tower shall be completely enclosed by a locked protective fence at least six (6) feet in height.

6. A WECS capable of causing radio or television interference shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause interference with radio and/or television broadcasting or reception.

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7. All WECS shall meet the manufacturer’s specifications which certify that the WECS are equipped with a braking system, blade pitch control and/or other mechanisms for rotor control and have both manual and automatic overspeed controls.

8. Noise emitted from any WECS shall not exceed fifty-five (55) dBA Ldn at any lot line.

(u) Temporary sales from a vehicle: (Ord. No. 1749, 7/7/1988)

1. An application for a zoning permit for temporary sales from a vehicle shall be subject to all the conditions of Section 21-27.13(ai), except conditions 5 and 17.

2. Prior to approval of the zoning permit, an application for a minor use permit for temporary sales from a vehicle shall be accepted as complete by the Planning Department.

3. The zoning permit for temporary sales from a vehicle shall be valid for a period of forty-five (45) days.

4. Only one (1) zoning permit for temporary sales from a vehicle may be issued in a calendar year to any vendor or on any single site. (Ord. No. 1749, 7/7/1988)

(v) Vendor’s permit: (Ord. No. 1749, 7/7/1988)

1. Applications for a vendor’s permit shall be accompanied by photos or renderings of sales structure(s) to be used.

2. The application shall specify all locations where sales are proposed.

3. The application shall be accompanied by an itinerant business permit, if applicable, for the proposed use issued by the Sheriff pursuant to Chapter 11 of the Lake County Code.

4. An application involving the sale of any prepared food, seafood, snack bars, pre-packaged food, approved unpacked food, or similar food item for retail sale, or distribution at no cost, shall be accompanied by a food service or food facility permit issued by the Lake County Health Department pursuant to the requirements of the California Uniform Building Code; except as waived for non-profit organizations.

• Up to two (2) vendors permits may be permitted per lot.

6. Hours of operation shall be limited to the hours between 8:00 a.m. and 10:00 p.m., daily.

7. Vendors permits may be issued for the retail sale of items such as flowers, balloons, and souvenirs; including vendors of foods such as hot dogs, sandwiches, cotton candy, snow cones, ice cream; and including

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newsstands.

7. Only two (2) carts, push carts, stands, trailers, kiosks or similar sales structures not exceeding one hundred sixty (160) square feet in area shall be used in conjunction with a vendor’s permit. (Ord. No. 1749, 7/7/1988)

• (w) Wireless Communication Facilities, Temporary: (Ord. No. 2868, 7/10/2008) Refer to Section 71.5 of the Zoning Ordinance.

• (x) Farmers’ Market: (Ord. No. 2947, 5/3/2011)

  1. A zoning permit for a farmers’ market, subject to conditions two (2) through twelve (12), may be issued when one of the following conditions is satisfied as determined by the Community Development Director. Applications not meeting one of these conditions shall require a minor use permit.

     • i. The site is commercially zoned and has adequate facilities to accommodate the anticipated peak load of customers, including parking, circulation and fire suppression; or

     • ii. The site is zoned Agriculture and has an existing, permitted winery or agricultural service establishment with adequate facilities to accommodate the anticipated peak load of customers.

  2. Activities permitted are: Outdoor sales of produce, food products, plants and flowers. Non-food or non-vegetative product booths may comprise no more than 15% of the total sales area. Farmers’ markets not meeting these standards may be applied for as Commercial Rummage Sales [27.13(ae)].

  3. Sales of food items shall comply with the requirements of the Health Department and Agricultural Commissioner. Certification of any farmers’ market shall be issued by the Agricultural Commissioner pursuant to the California Department of Food and Agriculture Code of Regulations. The permit holder shall ensure that all vendors have obtained any required permit.

  4. All sales activities shall be located in areas that are maintained as dust- free. No sales activities or parking shall be permitted within any road or highway right-of-way.

  5. The farmers’ market shall be limited to one (1) day of operation per week.

  6. Hours of operation shall be limited to the hours between 8:00 a.m. and 8:00 p.m., daily. Set-up and take-down of displays and booths may extend beyond these hours, but must be completed the same day.

  7. The site shall be kept clear of any litter or debris and shall be returned to its original condition upon completion of each event unless alternative measures have been approved by the Community Development Director.

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8. Access to the farmers’ market and parking area shall be provided by a driveway or driveways consistent with County standards for distance from street corners or other driveways, and width.

9. Temporary on-site signs shall be limited to one single-sided or double- sided sign, including sandwich signs, no larger than 24 square feet per face. Temporary signs shall be allowed for the duration of the farmers’ market season. Permanent on-site and off-site signs shall be allowed pursuant to Article 45 of this Code.

10. No on-site or off-site signs shall be placed within any road or highway right-of-way.

11. Trash receptacles shall be provided for disposal of trash on the site. The site shall be cleared of all trash immediately following each day of sale.

12. The farmers’ market zoning permit shall be valid for two (2) years and may be extended up to two (2) years per request upon application with the Community Development Department. The Community Development Director may require application for a minor use permit for extension of a zoning permit if after inspection or complaints indicate that the use may be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration, unusual traffic, or involves the handling of explosives or dangerous materials.

(y) Emergency Shelter: (Ord. No. 3021, 12/16/2014)

1. Purpose. The purpose of these regulations is to establish standards to ensure that the development of emergency shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses. These performance standards shall apply to all shelters. A use permit is required to establish a shelter that does not meet the location, development, and/or operational standards of this section or that would provide more beds than allowed by this section.

2. Location. A shelter may be established in any “C3” Service Commercial District; provided, that the property boundaries are located more than three hundred (300) feet from any other shelter (measured from property line to property line) unless it is separated there from by a state highway.

3. Maximum Number of beds. A maximum of twenty-four beds may be provided.

4. Property Development Standards. The development shall conform to all property development standards of the C3 zoning district, as well as Sections 21-41, 21-45, 21-46.10, and 21-53.

5. Length of Stay. The maximum length of stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five day period.

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6. Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge. Hours of operation must be prominently posted on site. Clients shall be admitted to the facility between six p.m. and eight a.m. during Pacific Daylight Time and five p.m. and eight a.m. during Pacific Standard Time. All clients must vacate the facility by eight a.m. and have no guaranteed bed for the next night. Clients using optional Facilities/Services may remain onsite outside of these hours.

Hours of operation must be prominently posted on site. Clients shall be admitted to the facility between six p.m. and eight a.m. during Pacific Daylight Time and five p.m. and eight a.m. during Pacific Standard Time. All clients must vacate the facility by eight a.m. and have no guaranteed bed for the next night. Clients using optional Facilities/Services may remain onsite outside of these hours.

7. Onsite Parking. Onsite parking shall be provided in the ratio of one space for every six adult beds or one-half space per bedroom designated for family units with children. One space shall be provided for each manager/staff member. Bike rack parking shall also be provided by the facility.

8. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/down lit away from adjacent properties and public right of way.

• Required Facilities. Shelters shall provide the following facilities.

• i. Indoor client intake/waiting area of at least one hundred square feet. If an exterior waiting area is provided, it shall not be located adjacent to the public right of way and shall be visibly separated from public view by minimum six foot tall visibly screening mature landscaping or a minimum six foot tall decorative masonry wall. Provisions for shade and or rain protection shall be provided.

• ii. Interior and or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per client, with a minimum overall area of one hundred square feet. Common space does not include intake areas.

10. Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use of residents:

• i. Central cooking and dining room/s) subject to compliance with county health department requirements. Only clients that have been guaranteed a bed shall be eligible for a meal.

• ii. Recreation room.

• iii. Counseling center.

• iv. Child-care facilities.

• v. Other support services intended to benefit homeless clients.

11. Shelter Management. The shelter provider or management shall demonstrate that they currently operate a shelter within the state of California or have done so within the past two years and shall comply with the following requirements:

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• i. At least two facility managers and or volunteers shall be on site and one shall be awake at all times the facility is open. The manager’s area shall be located near the entry to the facility. Additional support staff shall be provided as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

• ii. An operational and management plan (plan) shall be submitted for review and approval by the Community Development Director. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, said plan shall contain provisions addressing the following issues:

• (aa) Security and safety: Addressing both on and offsite needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility.

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• (ab) Loitering/noise control: providing specific measures regarding operational controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on site and or when services are not provided.

• (ac) Management of outdoor areas: including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses. Smoking shall be allowed in designated areas only.

• (ad) Staff training: with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income. At least one facility manager shall be CPR and First Aid certified.

• (ae) Communication and outreach with objectives to maintain effective communication and response to operational issues which may arise in the neighborhood as may be identified by city staff or the general public.

• (af) Adequate and effective screening: with the objectives of determining admittance eligibility of clients and providing first service to Lake County area residents.

• (ag) Litter control: with the objective of providing for the regular daily removal of litter attributable to clients within the vicinity of the facility.

(z) Adult Personal Use, Qualified Patient, and Primary Caregiver Cannabis Cultivation (Ord. 3084,05/21/2019)

1. Development Standards and Restrictions

   • i. The cultivation of cannabis for non-commercial Adult, Qualified Patient, and Primary Caregiver Use is a residential accessory use.

   • ii. On parcels five (5) acres or less in size and on all lots within a community growth boundary, the cultivation of cannabis shall be conducted: In a detached accessory building, i.e. a shed or greenhouse, grow room that is located in the principal structure, or in a greenhouse with mixed light.

   • iii. On parcels greater than five acres in size not located within a community growth boundary, the cultivation of cannabis shall be conducted in a detached accessory building, i.e. a shed or greenhouse, a grow room that is located in the principal structure, a greenhouse with mixed-light, or an outdoor fenced area.

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• iv. For adult use cultivation, the area of the accessory building, indoor grow room or outdoor cultivation area shall not exceed 100 square feet in size regardless of the number of adults living in the residence. For qualified patients and primary caregivers’ more than one accessory building, grow room, or individual outdoor cultivation area 100 square feet in size is allowed but cannot exceed the number of qualified patients which is limited to six per parcel. Hoop-houses are prohibited.

• v. For parcels that are located both within and not within a community growth boundary, such outdoor cultivation is only allowed on the portion of the property not located within a community growth boundary which exceeds five acres in size.

• vi. Outdoor cultivation not located within a greenhouse is prohibited within a 1,000 feet of:

  • (a) any public or private school, grades K through 12;

  • (b) a developed public park containing playground equipment;

  • (c) a drug or alcohol rehabilitation facility; or

  • (d) A licensed child care facility or nursery school, church or youth-oriented facility catering to or providing services primarily intended for minors.

The distance specified in this section shall be measured horizontally from the property line of the school, park, rehabilitation facility, licensed child care facility, nursery school, or youth-oriented facility, to the cultivation site.

• vii. Cannabis plant limitations:

  • (a) Qualified patient and primary caregiver: No more than six (6) mature cannabis plants or twelve (12) immature cannabis plants per qualified patient may be planted, cultivated, harvested, dried, or processed at any one time

  • (b) Personal adult use: No more than six (6) cannabis plants per residence on a lot of record may be planted, cultivated, harvested, dried, or processed at any one time regardless of the number of adults living in the residence.

viii. Setbacks:

• (a) Outdoor cultivation on parcels five (5) acres or greater in size not located within a community growth boundary shall be setback at least 75 feet from all property lines and at least 150 feet from an offsite residence.

• ix. Protection of minors: Cannabis cultivation areas shall not be accessible to juveniles who are not qualified patients or primary caregivers residing on the lot of record. The entrance to a shed, grow room, greenhouse, or outdoor area shall be locked to prevent access by minors.

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• x. The processing of cannabis includes the drying of cannabis and manufacturing that only utilizes processes that are either solvent less or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

• xi. The living plants and any cannabis produced by the plants in excess of 28.5 grams shall be kept within the private residence or in a locked space, and not visible by normal unaided vision from a public place.

• xii. Indoor cultivation and mixed light cultivation lighting shall not exceed 1,200 watts and shall conform to all applicable electrical codes. Outdoor cultivation areas, other than a greenhouse with mixed light shall not have any supplemental lighting.

• xiii. A greenhouse with mixed light shall have the ability to enclose the greenhouse at night to prevent the transmission of light beyond the greenhouse.

• xiv. A grow room shall only occur within a legal structure that meets the definition of Indoor and complies with all applicable provisions of the County’s General Plan, Zoning Ordinance, and California Building Code.

• xv. Single family dwelling, duplex, triplex accessory use, apartment or manufactured home park accessory use:

Any accessory structure, i.e. a shed or greenhouse, used for cultivation and processing of cannabis on a lot of record zoned for single family or a lot of record zoned for two or multi-family with a single residential structure, duplex, or triplex as the primary structure shall:

• (a) Be located on the same lot of record as the residence occupied by the qualified patient, primary caregiver, or the adult using the cannabis grown on-site.

• (b) Be fully enclosed by a fence at least six (6) feet in height. On lots greater than 5 acres outdoor cultivation not located within a greenhouse, shall be enclosed by an opaque (not transparent or translucent) fence. The Director may waive the requirement for an opaque fence and allow a non- opaque fence if the cultivation site cannot be seen from adjacent properties or by the public due to topography or vegetation.

• (c) Be secure against unauthorized entry and accessible only through lockable doors and/or gates. Within an apartment or manufactured home park if the accessory use is designed as a cultivation area or grow room each such area shall have a separate entry and lock.

• (d) Be equipped with an odor-control filtration and ventilation system(s) adequate to prevent cannabis plant odors from exiting the interior of the structure.

• (e) Be painted in similar colors to the primary residence.

• (f) A greenhouse shall be a prefabricated structure constructed for 27-30

nursery or agricultural purposes which has a frame constructed of metal and the panels must be polycarbonate or other similar material which is no less than four (4) millimeters thick. The walls shall be opaque so that a person cannot see inside the greenhouse. Hoop-houses are prohibited.

• (g) Not exceed 100 square feet.

• (h) For apartment or manufactured home park use not to exceed 100 square feet per separate cultivation area or grow room

• (i) Not create an odor, humidity or mold problem on the premises or on adjacent premises.

• (j) Cultivation within any detached accessory structure that does not meet the definition of Indoor or within a greenhouse shall be considered outdoor cultivation.

The following shall only apply to apartment or Manufactured Home Park uses:

• (k) If a greenhouse is used, it shall have opaque walls so that a person cannot see inside the greenhouse.

• (l) The number of rooms for the cultivation and processing of cannabis in and/or group of, accessory structures cannot exceed the total number of residential units on the lot of record.

• (m) An adult tenant, qualified patient, or primary caregiver shall not use, rent, or lease more than one cultivation area or grow room for the cultivation of processing of cannabis at a time.

• (n) The owner of the apartment building or manufactured home park shall maintain records of which tenant used, rented, or leased which room in the accessory structure.

• (o) Each room for the cultivation and processing of cannabis shall have an individual water and electrical usage meter.

• (p) The zoning permit shall include the requirement of an annual compliance monitoring inspection. Included in the inspection shall be an inspection of the tenant use, rental, or lease records and the water and electrical records for each grow room.

• (q) Outdoor cultivation is prohibited. Cultivation within any detached accessory structure that does not meet the definition of Indoor or within a greenhouse shall be considered outdoor cultivation.

• (r) If the premises is rented or leased, written approval shall be obtained from the property owner(s), containing the property owner(s) notarized signature that authorizes the tenant or lessee to cultivate cannabis at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request. Written approvals shall be renewed annually.

• (s) Cultivation of cannabis is an accessory use to an existing 27-31

residential structure occupied by the qualified patient, primary caregiver, or the adult using the cannabis grown on-site. Only residents of the mobile home park or their primary caregiver may cultivate cannabis on-site.

  - (t) Protection of Minors: Cannabis cultivation areas shall not be accessible to juveniles who are not qualified patients or primary caregivers. The entrance to a shed, grow room, greenhouse, or outdoor area shall be locked to prevent access by minors. 

  - (u) The processing of cannabis to make a concentrated cannabis extract using a volatile solvent is prohibited. 

  - (v) Indoor cultivation shall occur only within a legal structure that meets the definition of indoor and complies with all applicable provisions of the County's General Plan, Zoning Ordinance, and California Building Code. 

2. Permits required

   • i. Cannabis indoor cultivation and cannabis mixed-light cultivation:

     • (a) All applicable building permits shall be obtained.

     • (b) Adult, qualified patient, and primary caregiver cannabis cultivation on a single family lot does not require a zoning permit.

     • (c) Any accessory structure, i.e. a shed or greenhouse, used for cultivation of cannabis on a lot of record zoned for multi- family with an apartment building or a manufactured home park requires a zoning permit.

(aa) Emergency Temporary dwelling:

1. One (1) trailer coach, recreational vehicle, mobile home or single-family dwelling may be used as an emergency temporary dwelling unit for a period of time not to exceed six months (6) during the recovery process due to a catastrophic or natural disaster.

2. Applicants for an emergency temporary dwelling zoning permit shall, prior to issuance of a zoning permit:

   • Obtain building and health permits for the inspection of the water supply, waste discharge system and electrical installation for the temporary dwelling.

   • Obtain a demolition permit from the County for the removal of the prior dwelling that was damaged.

3. The emergency temporary dwelling zoning permit will be redefined as a standard temporary dwelling zoning permit once a building permit for construction of an onsite dwelling has been applied for and issued.

4. An emergency temporary dwelling shall meet the performance standards of Article 41 and all development standards of the zoning district except for the minimum residential construction standards. (Ord. No. 3077, 11/20/2018)

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(ab) Industrial HEMP

1. The parcel shall contain a minimum of one (1) acre for indoor/greenhouse. Cultivation and a minimum of five (5) acres for outdoor cultivation.

2. If grading is required, all grading shall comply with the standards set forth by Chapter 30 of the Lake County Code.

3. Hemp cultivation site shall be setback a minimum of 200 feet from an off-site residence.

   • i. A waiver signed by neighboring property owners can be submitted which may decrease the minimum setback.

4. Hemp cultivation is prohibited within 1000 feet of Community Growth Boundaries as described in the Lake County General Plan.

5. Seed production of any type shall be only grown indoors or within an engineered greenhouse with filters.

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• 27.11 Uses generally permitted with a Minor or Major Use Permit: Uses listed in Table B are permitted in zoning districts indicated upon issuance of a minor use permit in the case of the symbol “O”, or upon issuance of a major use permit in the case of the symbol “ λ ”, according to the provisions of Sections 27.12 and 27.13. (New Table B, Ord. No. 1749, 7/7/1988; Ord. No. 1897, 11/7/1989; Ord. No. 1974, 12/20/1990; Ord. No. 2128, 1/14/1993; Ord. No. 2172, 8/12/1993; Ord. No. 2512, 4/27/2000; Ord. No. 2594, 07/25/2002; Ord. No. 2618, 2/27/2003; Ord. No. 2670, 12/25/2003, Ord. No. 2679, 03/02/2004; Ord. No. 3021, 12/16/2014; Ord 3073, 04/19/2018; Ord No. 3079, 12/11/2018; Ord. No. 3084, 05/21/2019; Ord. 3092 5/12/2020; Ord 3100 12/15/2020; Ord. No. 3158, 2/3/2026)

• 27.11.1 Geothermal Setback Area: There is hereby established a Geothermal Setback Area as set forth in Map A which is attached hereto as Exhibit A and is incorporated herein as if fully setforth. (Ord. 2679, 3/2/2004)

• 27.12 Exception: The Planning Director or Zoning Administrator shall have the authority to increase the level of review indicated in Table B from minor use permit to major use permit when a project subject to this Article is found:

  • (a) Not in compliance with the performance standards set forth in Article 41; or

  • (b) Objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration, unusual traffic, or involve the handling of explosives or dangerous materials; or

  • (c) As having a significant impact on the environment; or

  • (d) Inconsistent with the Lake County General Plan; or

  • (e) To be of substantial public controversy.

In no case shall any level of review be reduced.

• 27.13 Conditions : When the symbol “ ∆ ” is shown by Table B, use-specific conditions are included herein. These conditions shall be incorporated into any use permit issued hereunder, but shall not be construed as preventing as part of any use permit approval, additional conditions deemed necessary.

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==> picture [688 x 437] intentionally omitted <==

Major Use Permit Minor Use Permit ∆ Standards included in Subsection (a) through (as) Refer to Articles 13 and 15

==> picture [7 x 7] intentionally omitted <==

(1. Ord. No. 1749, 7/7/1988; 2. Ord. No. 1897, 11/07/1989; 3. Ord. No. 1974, 12/20/1990; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

90; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

(1. Ord. No. 1749, 7/7/1988; 2. Ord. No. 1897, 11/07/1989; 3. Ord. No. 1974, 12/20/1990; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

90; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

(1. Ord. No. 1749, 7/7/1988; 2. Ord. No. 1897, 11/07/1989; 3. Ord. No. 1974, 12/20/1990; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

(1. Ord. No. 1749, 7/7/1988; 2. Ord. No. 1897, 11/07/1989; 3. Ord. No. 1974, 12/20/1990; 4. Ord. No. 2128, 01/14/1993; 5. Ord. No. 2172, 08/12/1993; 6. Ord. No. 2512, 04/27/2000; 7. Ord No. 2868, 07/10/2008; 8. Ord. No.2618, 2/27/2003; 9. Ord. No.2670, 12/25/2003; 10. Ord. No. 2379, 03/02/2004; 11. Ord. No. 3021, 12/16/2014, 12. Ord 3073, 04/19/2018, 13. Ord No. 3079, 12/11/2018, 14. Ord. No. 3084, 05/21/2019, 15. Ord. 3092 5/12/20, 16. Ord 3100 12/15/20; Ord. No. 3158, 2/3/2026)

• (a) Airstrip and heliport: None.

• (b) Bed and breakfast inn:

  1. A bed and breakfast inn shall contain three (3) but not more than eight (8) guest rooms used, designed or intended to be used, let or hired out for occupancy for one (1) or more guests. In the “CR” and “CH” zoning districts, these provisions may include a bed and breakfast as defined in Section 68.4(b)3. (Ord. No. 1897, 12/7/1989)

  2. For bed and breakfast inns, approved smoke detectors shall be installed in each lodging room, approved fire extinguisher(s) shall be installed in the structure and an evacuation plan shall be posted in each lodging room.

  3. Guest rooms may be detached from the principal dwelling or principal commercial use on parcels of two (2) acres or larger, if said lodging is a component of a larger tourist-related use of the site, and provided that an on-site dining facility for guests is provided in close proximity to the guest rooms. (Ord. No. 2886, 01/27/2009)

  4. No cooking facilities shall be permitted in guest rooms. Food service shall be limited to inn guests only.

  5. The maximum stay for guests shall not exceed fourteen (14) consecutive days.

  6. Special events and live entertainment including but not limited to weddings, art or antique shows, craft fairs, wine or food fairs, and music festivals shall not be permitted as part of a bed and breakfast inn, except when specifically authorized as part of the bed and breakfast inn use permit approval.

  7. Each bed and breakfast inn shall be identified by a non-illuminated or indirectly illuminated attached or freestanding sign, a minimum of three (3) square feet in size but no larger than six (6) square feet in size, which shall be placed so as to be visible and readable from the street or roadway. (Ord. No. 2128, 1/14/1993)

  8. One (1) parking space per guest room shall be provided for the exclusive use of the guests in addition to the parking requirements of the principal residence.

• (c) Cemetery: None.

• (d) Church or private school: None.

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(e) Community care facility:

1. A community care facility shall only be permitted with full-time supervision by the licensed owner or lessee on the premises, except for brief absences as provided for in the state and County regulations.

2. The issuance of a use permit for the use shall be subject to the issuance of a license and/or certification by all appropriate local and state agencies. The community care facility shall be discontinued when local or state certification is withdrawn or expires.

3. The project description for each application shall include the following information which shall be included by reference in any permit approval:

   • i. Description of the physical facility.

   • ii. Legal description and address of proposed facility.

     • iii. Number of automobiles to be operated by the residential care facility and the number of off-street parking spaces to be provided.

   • iv. Approximation of daily visitor parking.

   • v. Brief description of the facility building and any remodeling plans.

   • vi. Number of resident and non-resident staff, with a description of the day-to-day supervision provided by the staff. Statement of House Rules shall be included.

   • vii. Description of the program, e.g. goals, treatment, methodology, anticipated length of stay of residents, type(s) of problem being treated.

   • viii. Number and type (type of disability, average age, etc.) of person for whom care is being provided.

4. Each approved use permit shall specifically identify the type and number of individuals. Any increase in the number or change in the type of individuals shall require a new use permit approval.

(f) Community club, private club, or fraternal organization:

1. In any district zoned “A”, Agriculture, this use shall be limited to agricultural related organizations. This use includes incidental and accessory uses and activities such as weddings, meetings and dances.

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2. Minimum lot area shall be twenty thousand (20,000) square feet, and there shall be a six (6) foot wide buffer strip with visual screening of at least three (3) feet in height on all sides abutting residential districts or uses.

3. A landscape plan and site plan shall be submitted to the Development Review Committee for review and approval.

4. Parking shall be no less than the minimum required in Article 46; all parking shall be screened to a minimum height of three (3) feet from the view of surrounding residential districts or uses.

5. The project site shall front on and be served by an existing publicly maintained road.

6. Signs shall be as required in Article 45.

(g) Cottage Industry:

1. A cottage industry is a small-scale commercial or manufacturing activity on low-density agricultural or residential property accessory to the residential use of the parcel when such activities are conducted without significant adverse impact on the residential, agricultural or rural nature of the premises and its surroundings.

2. A wide range of uses may be permitted that are similar to the following examples and consistent with the definition provided in paragraph 1 above: Woodworking, blacksmith and pottery shops; furniture and upholstery repair or refurbishing; arts and crafts or photography studios; handicrafts manufacture including sewing, painting, weaving, knitting, ceramics, doll making, stained glass, jewelry or leather working; small computer applications and electronics repair or service; food preparation including catering services, cake decoration, baking and confectionery.

th and pottery shops; furniture and upholstery repair or refurbishing; arts and crafts or photography studios; handicrafts manufacture including sewing, painting, weaving, knitting, ceramics, doll making, stained glass, jewelry or leather working; small computer applications and electronics repair or service; food preparation including catering services, cake decoration, baking and confectionery.

On parcels of five (5) acres or more a cottage industry may also include the storage of one (1) piece of agricultural, excavating or grading equipment including one (1) tow vehicle and one (1) trailer within a completely enclosed building; “tow vehicles” may include dump trucks of up to five (5) cubic yards capacity or any flatbed or other commercial vehicle of up to five (5) tons capacity; “heavy equipment” may include one (1) bulldozer (of up to D-4 size or equivalent), roller, grader, cat, loader, backhoe, tractor, agricultural implement or similar equipment.

3. The following uses shall not be permitted as cottage industry: Any auto, truck, boat or other vehicle repair or service; light or heavy equipment repair or service; contractor’s equipment in excess of that listed in paragraph 2 above, or materials storage yards of any kind; commercial dock or boat construction; businesses offering retail sales or goods

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manufactured or produced off-site; real-estate sales offices; any businesses primarily engaged in retail sales.

4. The cottage industry must be owned and conducted only by residents of the parcel on which the proposed use has been authorized. Not more than two (2) non-resident employees may work on the premises.

5. Only those buildings or parking areas as specifically approved may be utilized in the conduct of the cottage industry.

6. A minimum of one (1) parking space shall be provided for any cottage industry requiring customers to visit the site in addition to the parking requirements of the principal residence, plus one (1) parking space for each employee working on site.

7. Retail sales of products not produced on the premises shall be prohibited. Retail sales of products produced on the premises shall be secondary and incidental to the conduct of the cottage industry. Retail sales shall primarily be by appointment.

8. A maximum of eight (8) customers, clients, students, or other persons served by the cottage industry shall be permitted on the premises on any one day.

9. Pick-up and deliveries to the premises by commercial carrier are limited to ten (10) per week.

10. All activity related to the conduct of cottage industries shall be conducted within an enclosed structure and shall not exceed one thousand two hundred (1,200) square feet in area.

11. Vehicles approved for use in the cottage industry may be stored as approved on the site plan.

12. Signs shall be limited to one (1) four (4) square foot non-illuminated or indirectly illuminated sign. (Ord. No. 1749, 7/7/1988; Ord. No. 1974, 12/20/1990; Ord. No. 2172, 8/12/1993)

• (h) Country club: None.

• (i) Dam or reservoir, small:

1. A small dam shall not exceed six (6) feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier; a small reservoir shall not exceed five (5) acre feet.

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2. All applications for small dams or reservoirs shall be accompanied by a detailed plan approved by the U.S.D.A. Soil Conservation Service, or prepared by a registered civil engineer. An excavated pond (totally below grade) may require an engineering plan.

3. All small dams or reservoirs located on a stream shall receive an approved 1601 or 1603 permit issued by the State Department of Fish and Game prior to issuance of a grading permit.

4. The applicant shall apply to the State Department of Water Resources, Division of Water Rights for water rights determination or permit. The permittee shall file with the Planning Department a water rights determination or permit prior to issuance of grading or building permits for construction of a small dam or reservoir.

(j) Dam or reservoir, medium:

1. A medium dam shall not exceed fifteen (15) feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier; a medium reservoir shall not exceed fifteen (15) acre feet.

2. All applications for medium dams or reservoirs shall be accompanied by a detailed plan approved by the U.S.D.A., Soil Conservation Service, or prepared by a registered civil engineer with assistance of a registered engineering geologist. An excavated pond (totally below grade) may require an engineering plan.

3. All medium dams or reservoirs located on a stream shall receive an approved 1601 or 1603 permit issued by the State Department of Fish and Game prior to issuance of a grading permit.

4. The applicant shall apply to the State Department of Water Resources, Division of Water Rights for water rights determination or permit. The permittee shall file with the Planning Department a water rights determination or permit prior to issuance of grading or building permits for construction of a medium dam or reservoir.

(k) Dam or reservoir, large:

1. A large dam shall exceed fifteen (15) feet in height from the natural toe of the barrier. A large reservoir shall exceed an impounding capacity of more than fifteen (15) acre feet.

2. All applications for large dams or reservoirs shall be accompanied by an engineering plan prepared by a registered civil engineering with assistance of a registered engineering geologist.

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3. All large dams or reservoirs located on a stream shall receive an approved 1601 or 1603 permit issued by the State Department of Fish and Game prior to issuance of a grading permit.

4. The applicant shall apply to the State Department of Water Resources, Division of Water Rights for water rights determination or permit, and to the Department of Water Resources, Division of Dam Safety for approval to construct. The permittee shall file with the Planning Department a water rights determination or permit and letter of approval from the Division of Dam Safety prior to issuance of grading or building permits for construction of a large dam or reservoir.

• (l) Density bonus provisions:

1. Low and very-low income housing: A developer of housing proposing to construct at least twenty-five (25) percent of the total units of a housing development for persons and families of low or very-low income; or, construct ten (10) percent of the total units of a housing development for lower income households, or construct fifty (50) percent of the total dwelling units of a housing development for qualifying residents (seniors); shall be granted by the county a density bonus and an additional incentive, or financial equivalent incentive(s) as determined by the county. (Ord. No. 1749, 7/7/1988; Ord. No. 2128, 1/14/1993; Ord. No. 3021, 12/16/2014)

  - i. For the purposes of this Section “density bonus” shall mean density increase of at least thirty-five (35) percent over the otherwise maximum allowable residential density under the zoning district and land use element of the General Plan. 

  - ii. The density bonus shall not be included when determining the number of housing units which is equal to ten (10) or twenty-five (25) percent of the total. 

  - iii. The density bonus shall only apply to housing developments of five (5) or more dwelling units. 

  - iv. For the purposes of this section, “housing development” shall include subdivision and any apartment, multi-family dwelling, dwelling group, or condominium development of five (5) or more units. 

  - v. A developer shall only be entitled to one (1) of the three (3) density bonuses provided for under subsection (l). 

  - vi. For the purposes of this section, “persons and families of low or very-low income...” shall be as defined in Section 50093 of the 

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Health and Safety Code; and “lower income households...” shall be defined in Section 50079.5 of the Health and Safety Code; and “qualifying residents” shall be as defined in Section 51.2 of the Civil Code. (Ord. No. 1749, 7/7/1988)

• vii. For the purpose of this Section, “other incentives…” may be a combination of the following, of equivalent financial value of a twenty-five (25) percent density bonus:

  • (aa) Reduced improvement standards contained in the Subdivision Ordinance (Chapter 17, Article 7, Section 1728); and

  • (ab) Reduced development standards contained in the Zoning Ordinance (Chapter 21); and

  • (ac) Reduced performance standards contained in the Zoning Ordinance (Chapter 21)

• viii. Prior to preparation of an application which includes a request for a residential density bonus, the applicant or a representative shall attend a pre-application meeting with Planning Department staff.

• ix. Any developer proposing to obtain a density bonus or other incentive shall either:

  • (aa) Submit a preliminary proposal for the development of housing with written request for other incentives or a bonus density ninety (90) days prior to the submittal of any formal request for general plan amendment, zoning amendment, subdivision map, development review, or use permit. (Ord. No. 1749, 7/7/1988)

  • (ab) Submit a written proposal for a bonus density concurrently with the initial development application.

• x. The County shall, within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of the manner in which it will comply with this Section unless the time period is waived by the developer.

• xi. The Planning Director shall prepare a report on any request for density bonus or other incentives for review and approval by the Planning Commission and Board of Supervisors. Said hearing shall be noticed in the manner provided for in Section 57.3. This report may include, but is not limited to, a review of existing density entitlements under the Lake County General Plan and Zoning

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Ordinance, a review of proposed sales prices and/or costs of improvements, suggested number of units that are to be designated low or moderate income housing, and the project specific mechanisms and procedures necessary for implementation of this Section, including proposed sales or rental prices, sale or rental procedures, development agreements, time periods, etc.

• xii. Notwithstanding any other provision of this Code, reduction in the improvement standards of Chapter 17 or the development or performance standards of Chapter 21 pursuant to this Section upon approval of the Board of Supervisors of a density bonus determination shall not require further amendment, variance or waiver from these standards and such reductions shall be deemed in compliance with Chapters 17 and 21 of the Lake County Code.

2. Energy conservation: A developer of housing proposing a development project incorporating innovative energy conservation techniques in excess of standards set forth in Titles 20 and 24 of the California Administrative Code (referenced hereafter as: state standards) may be granted a density bonus not to exceed twenty-five (25) percent.

   • i. For the purpose of this Section “density bonus” shall mean a maximum density increase of twenty-five (25) percent over the otherwise maximum allowable residential density under the zoning district and land use element of the Lake County General Plan.

   • ii. The density bonus shall not be included when determining the number of housing units which is equal to a maximum of twentyfive (25) percent of the total.

   • iii. The density bonus shall only apply to housing developments of four (4) or more dwelling units.

   • iv. For the purpose of this Section, “housing development” shall include subdivision and any apartment, multifamily dwelling, dwelling group, or condominium development of four (4) or more units.

   • v. A developer shall only be entitled to one (1) of the three (3) density bonuses provided for under Subsection (l).

   • vi. Prior to preparation of an application which includes a request for a residential density bonus, the applicant or a representative shall attend a pre-application meeting with Planning Department staff.

   • vii. Applications shall include information clearly demonstrating how the proposed energy saving measures shall be implemented.

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• viii. Energy conservation bonus: Projects incorporating any or all of the following energy conservation measures may be granted a maximum ten (10) percent density bonus. When an energy analysis conducted by a qualified person acceptable to the Planning Department indicates that a reduction in residential energy use in excess of ten (10) percent of what would occur if the residence was constructed in accordance with the state standards will occur, a density bonus equivalent to the percentage of energy conserved may be granted not to exceed a twenty-five (25) percent density bonus. The bonus shall be calculated in accordance with the provisions set out in Figure 1.

Figure 1. Techniques

Maximum Density Bonus

• ix. Applications shall be evaluated based on the following energy efficient site planning concepts:

  • (aa) Site selection - Higher densities should be on south-facing slopes and lower densities on north-facing slopes.

  • (ab) Street layout - Streets should be oriented on an east and west axis to the greatest extent possible, although topography shall be considered.

  • (ac) Lot layout - Lots should be oriented with their greatest dimensions north and south to the greatest extent possible.

  • (ad) Building site - The long axis of a building envelope should be oriented east and west to the greatest possible extent. Zero lot line and shading will also be evaluated.

  • (ae) Landscaping - New trees shall be located with respect to buildings or solar collectors in order to provide solar heat gain and shade as appropriate.

  • (af) Other energy savings consideration - Other site planning techniques will be considered when proposed.

• x. Applications shall also be evaluated based on the following passive energy efficient construction measures:

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  - (aa) Solar access, solar gain; window sizes, placement and shading; roof overhangs. 

  - (ab) Insulation and building materials. 

  - (ac) Other innovative energy conservation techniques including air locks, greenhouses, trombe walls, etc. 

  - (ad) Percent of energy savings for heating and air conditioning above state standards for residential energy conservation. 

• xi. Applications shall also be evaluated based on the following solar domestic hot water or active space heating:

  • (aa) Size and efficiency of collectors.

  • (ab) Storage capacity.

  • (ac) Percentage of hot water orspace heating the system provides.

3. Geothermal energy conservation: When all proposed units in a housing development will be equipped with any of the following conservation measures a maximum density bonus of twenty-five (25) percent may be granted. The bonus shall be calculated in accordance with the provisions set forth in Figure 2.

Figure 2. Techniques

Maximum Density Bonus

• i. Proposals will be evaluated on the percentage of hot water or spaceheating the system provides.

• ii. For the purposes of this Section “density bonus” shall mean a maximum density increase of twenty-five (25) percent over the otherwise maximum allowable residential density under the zoning district and land use element of the Lake County General Plan.

• iii. The density bonus shall not be included when determining the number of housing units which is equal to a maximum of twentyfive (25) percent of the total.

• iv. The density bonus shall apply to housing developments of four (4)or more dwelling units.

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11. A developer shall only be entitled to one (1) of the three (3) bonuses provided under Subsection (l).

12. Prior to preparation of an application which includes a request for a residential density bonus, the applicant or a representative shall attend a pre-application meeting with Planning Department staff.

13. Applications shall include information clearly demonstrating how the proposed geothermal energy conserving measures shall be implemented.

(m) Geothermal Research Well: (Ord. No.1749, 7/7/1988; Ord.No. 2679, 03/02/2004)

1. A geothermal research well shall not exceed five thousand (5,000) feet in depth.

2. Maximum well diameter shall be five (5) inches.

3. Well design and construction shall prohibit future conversion for production.

4. No toxic materials, such as chromate, shall be used in the drilling fluid.

5. Upon abandonment, the research well pad site shall be revegetated and returned to approximately its original condition.

6. A maximum of six (6) research wells may be filed under a single application.

7. Research wells shall be limited to a parcel(s) of not less than five (5) acres.

8. The surface location of a geothermal research well shall not be located within that area indicated by Geothermal Setback Area- Map A (Sec. 2127.11.1)

(n) Geo-exploratory well projects: (Ord.No.1749,7/7/1988;Ord.No.2679, 03/02/2004)

1. A geothermal exploratory well(s) shall not be drilled within one-half (1/2) mile of any populated area (defined as ten (10) or more dwelling units established within a quarter-mile diameter area) or a recorded major subdivision (defined as five (5) or more lots less than twenty (20) acres in size), without the written consent of at least seventy-five (75) percent of the property owners.

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2. The surface location of a geothermal exploratory well(s) shall not be located within that area indicated by Geothermal Setback Area- Map A (Sec. 2127.11.1)

3. An exploratory well(s) shall be limited to a parcel or contiguous parcels of not less than twenty (20) acres.

4. A maximum of six (6) geothermal exploratory wells may be approved under a single application.

5. Any new geothermal exploratory well shall not be located closer than onehalf mile from the surface location of a well capable of producing geothermal resources in commercial quantities existing prior to the approval of the exploratory well use permit application.

(o) Geo-field development project (Ord. No. 1749, 7/7/1988; Ord. No. 2679, 03/02/2004)

1. A geothermal field development well(s) shall not be drilled within one- half (1/2) mile of any populated area (defined as more than ten (10) dwelling units established within a one-quarter (1/4) mile diameter area) or a recorded major subdivision (defined as five (5) or more lots less than twenty (20) acres in size), without the written consent of at least seventy- five (75) percent of the property owners.

2. The surface location of a geothermal field development well(s) shall not be located within that area indicated by Geothermal Setback Area- Map A (Sec. 21-27.11.1)

3. A field development well(s) shall be limited to a parcel or contiguous parcels of not less than twenty (20) acres.

(p) Geo-direct use well project:

1. The drilling of new geothermal direct use well(s) shall not exceed three thousand (3,000) feet in depth. Wells exceeding two thousand (2,000) feet in depth shall require a major use permit. (Ord. No. 1749, 7/7/1988)

2. No toxic materials such as chromate shall be used in the drilling fluid.

3. A geothermal direct use well(s) shall be limited to a parcel(s) of not less than five (5) acres.

4. Geothermal direct use wells proposed in conjunction with a project requiring a use permit or specific plan of development approval shall be processed with the larger project.

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5. Geothermal direct use wells with over one thousand (1,000) feet of new road construction or located within five hundred (500) feet of a dwelling or three hundred (300) feet of a lake, perennial or seasonal creek shall require a major use permit. (Ord. No. 1749, 7/7/1988)

6. A geothermal direct use well project with three (3) or more wells shall require a major use permit.

7. Only geothermal direct use wells utilizing downhole heat exchangers may be processed by a minor use permit. All geothermal direct use wells which remove geothermal fluids from the well bore shall require a major use permit.

8. Water wells drilled for water-source heat pump applications shall be exempt from the provisions of this section, provided that the water temperature is 86[o] F or less and the well depth does not exceed three hundred (300) feet. (Ord. No. 2128, 1/14/1993)

• (q) Health care facility: None. (Ord. No. 1749, 7/7/1988)

• (r) Large family day carehome:

  1. A minor use permit is required for large family day care homes and nursery schools providing family day care to seven (7) to twelve (12) children, inclusive, including children who reside at the home.

  2. All outdoor play areas are to be enclosed with fencing, a minimum of four (4) feet high, provided that such fencing is to be solid and six (6) feet in height on any property line abutting a residential use on an adjoining lot.

  3. Hours of operation: Shall be between 7:00 a.m. and 9:00 p.m. daily.

  4. Access: The site shall front on a paved road of a minimum eighteen (18) foot paved width.

5. Parking and loading: A minimum of two (2) on-site parking spaces shall be reserved for the use of dropping off and picking up of children. These spaces shall be in addition to the normal parking requirements of the residence. The drop off area should be a drive thru loop, or an on-site turnaround area should be provided.

   6. Fire:

      • i. A minimum of one (1) fire extinguisher and one (1) smoke detector shall be maintained in good working order on the premises. These devices shall meet the standards of the State Fire Marshal.

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• ii. The use shall comply with the standards of the State Fire Marshal on the number of exits.

• iii. The use shall be conducted in compliance with the State Fire Marshal’s specifications as to the floor or floors on which day care may be provided.

• Notice and appeal:

• i. Not less than ten (10) days prior to the proposed issuance, written notice of the proposed issuance of a minor use permit shall be given by mail or delivery by the Planning Director to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the lot proposed for a large family day care home or nursery school.

• ii. The written notice shall meet the notice requirements of Section 57.2(b) and declare the intent of the Zoning Administrator to issue the requested zoning permit if no written appeal or request for hearing is filed with the Planning Department within ten (10) calendar days of the date of mailing. The notice shall also state that the proposed use meets the requirements of this section.

• iii. If no appeal or request for hearing is filed with the Planning Department, the minor use permit shall be issued by the Zoning Administrator without a hearing.

• iv. If an appeal or a request for a hearing by the applicant or other affected person is filed at the Planning Department pursuant to this Subsection, the Planning Director shall schedule a public hearing before the Zoning Administrator and provide notice of the hearing as provided for in this Subsection.

• v. Appeals pursuant to this Section shall be accompanied by a fee as established by the Board of Supervisors.

(s) Marina:

1. A marina located in any commercial district may provide berthage by rental, lease, or other arrangement; incidental or accessory retail sales of food, fuel, drink, clothing, fishing or boating supplies; and sales, rental, operating instruction, maintenance or repair services for boats or accessory equipment. A marina located in any other district shall only provide berthage, by rental, lease, or other arrangement.

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2. In addition to the parking requirements of Article 46, for those uses identified in Subsection 1 above, off-street parking shall be supplied at the ratio of one-half (1/2) parking space for each berth and marinas with boat ramps or hoists shall provide trailer parking at the ratio of one-half (1/2) space per parking space required under this Subsection. (Ord. No. 1749, 7/7/1988)

3. Facilities for the storage and sale of fuel, paint, or other flammable materials shall be approved by the chief officer of the agency providing fire protection service in the area in which the marina is located. Fuel pumps shall be grounded and shall meet current fire protection standards.

• (t) Mining and resource extraction: None.

• (u)

Repealed (Ord. No. 2836, 9/20/2007)

• (v) Nursery school: (For large family day care homes and nursery schools providing family day care for more than twelve (12) children). None.

• (w) Outdoor recreation facility: None.

• (x) Power generation facility: (Ord. No. 2679, 03/02/2004)

  1. An electrical generation facility with a generating capacity in excess of three (3) megawatts shall not be located within one-half (1/2) mile of any populated area (defined as ten (10) or more dwelling units established within a one-quarter (1/4) mile diameter area), or a recorded major subdivision (defined as five (5) or more lots less than twenty (20) acres in size), without the written consent of at least seventy-five (75) percent of the property owners. (Ord. No. 1749, 7/7/1988)

  2. An electrical generation facility with a generating capacity in excess of three (3) megawatts shall not be located within that area indicated by Geothermal Setback Area-Map A (Sec. 21-27.11.1).

  3. An electrical generation facility with a generating capacity in excess of three (3) megawatts shall be limited to a parcel or contiguous parcels of not less than five (5) acres.

• (y) Public area: The Planning Director may waive the submission of, or the requirement for a minor use permit if the Director finds that the proposed use or facility is a minor expansion of an existing facility; or will not materially change the existing character of the property or surrounding area. (Ord. No. 1749, 7/7/1988)

• (z) Public and private utility: None.

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(aa) REPEALED (Ord. No. 2594, 07/25/2002)

(ab) Rifle, pistol, trap shoot or archery range, outdoor:

1. The minimum lot size requirement for an outdoor rifle or pistol range, or trap shoot used by an organization shall be ten (10) acres. For an outdoor archery range used by an organization, minimum lot size shall be two (2) acres.

2. No target or structure associated with shooting of firearms or arrows shall be located closer than two hundred (200) feet to any lot line.

3. Access to all shooting areas shall be controlled by adequate means. Perimeters shall be fenced and signed.

4. No permit shall be issued for an outdoor rifle, pistol, trap shoot or archery range until the applicant has furnished evidence that the proposed development meets all applicable state and County regulations.

• (ac) Road building or import/export of fill: None. (Ord. No. 1749, 7/7/1988)

• (ad) Rummage sale, non-profit: None.

• (ae) Rummage sale, commercial: None.

• (af) Sanitary landfill: None.

• (ag) Service station:

1. No activities other than the following shall be conducted: Retail sales of fuel, oil, grease, tires, batteries, automobile accessories, and other related items, directly to users of motor vehicles; tuning motors; washing and waxing of autos; auto detailing; wheel and brake adjustment, minor repairs and major repairs; auto glass work; and minor welding. Major automotive repairs, auto glass work, and minor welding must be conducted entirely within a building. The following activities are prohibited: Upholstery work, painting, tire recapping, auto dismantling or salvage, body and fender work, and new and used car sales, rental or leasing; except as permitted in the “C3”, “M1” and “M2” districts. (Ord. No. 1749, 7/7/1988)

2. No service station located within one hundred (100) feet of an “SR”, “R1”, “R2”, “R1-MH”, or “PDR” zoning district boundary shall conduct operations other than between the hours of 6:00 a.m. and 12:00 midnight, with the further provision that no repairs, other than emergency repairs, will be conducted between the hours of 10:00 p.m. and 12:00 a.m.

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3. All gasoline pumps and islands shall be set back fifteen (15) feet from the property line; however, if gasoline pumps or islands are set in a perpendicular position to any street or property line, or in any other position other than parallel to a property line, the setback shall be twenty (20) feet. Additional setback may be established by the Planning Commission if deemed necessary to provide for the protection of property values, safety, health, or welfare.

4. All hydraulic hoists and pits, mechanical washing equipment, and repair and lubrication areas shall be within a completely enclosed building.

5. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees, and tow trucks and other service vehicles.

6. Where a service station adjoins property zoned or used for residential purposes, a six (6) foot high solid masonry wall shall be constructed on interior property lines except that the wall shall be three (3) feet in height when adjacent to any required front yard.

7. Construction materials shall be compatible with the surrounding development and approved by the Planning Commission.

8. All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a solid fence or landscaping screen.

9. All service stations shall provide compressed air and water for use by the public.

• (ah) Special event, commercial: None.

• (ai) Temporary sales from a vehicle: (Ord. No. 1749, 7/7/1988)

  1. Applications for a temporary sales permit shall be accompanied by photos or renderings of vehicle to be used.

  2. The application shall specify all locations where temporary sales are proposed.

  3. The application shall be accompanied by an itinerant business permit, if applicable, for the proposed use issued by the Sheriff pursuant to Chapter 11 of the Lake County Code.

4. An application involving the sale of any prepared food, seafood, snack bars, pre-packaged food, approved unpacked food, or similar food item for retail sales, or distribution at no cost, shall be accompanied by a food service or food facility permit issued by the Lake County Health

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Department pursuant to the requirements of the California Uniform Food Facilities Law.

5. Up to two (2) temporary sales permits may be permitted per lot.

6. Hours of operation shall be limited to the hours between 8:00 a.m. and 10:00 p.m., daily.

7. Temporary sales permits may be issued for the retail sale of new goods or commodities, craft items, produce or prepared foods, and other uses, which in the opinion of the Planning Director are of a similar nature to those listed above. Temporary sales in the “APZ”, “A”, and “RL” districts is limited to the sale of produce.

8. Temporary sales shall not include used goods or commodities, or large or bulky items.

9. The minimum distance between lots approved for temporary sales shall be one thousand (1,000) feet.

10. Only one (1) vehicle of one and one-half (1½) tons or less in capacity shall be used in conjunction with a temporary sales permit.

11. The vehicle and all accessory items shall be removed from the site at the close of business each day.

12. The outdoor display of goods or commodities for sale shall not exceed one hundred (100) square feet in area, excluding display within or upon the vehicle.

13. The temporary sales area shall not be located or maintained within thirty (30) feet of any public road, street or highway. This setback area shall be kept free to provide for a minimum of three (3) off-street parking spaces.

14. The temporary sales area shall not reduce the number or usability of parking spaces for other uses on a lot developed for a commercial use below the minimum required by the zoning district or as required by use permit.

15. Portable signs shall be limited to two (2) sixteen (16) square foot nonilluminated signs, not to exceed four (4) feet in any dimension.

16. Temporary sales from a vehicle shall meet the development standards of the zoning district in which the site is located.

17. The minor use permit for temporary sales shall be initially valid for a period of one (1) year. Application for extension of the minor use permit

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may be made prior to expiration of the current permit. Subsequent minor use permits may be granted for periods of up to three (3) years per extension request.

18. The provisions of this Section do not apply to other itinerant vendors selling from a vehicle with no fixed place of business, such as ice cream trucks and mobile snack vans, regulated by Chapter 11 of the Lake County Code. (Ord. No. 1749, 7/7/1988)

• (aj) Wind energy conversion system, (WECS): (For more than one (1) WECS per lot, or WECS which cannot meet the standards of Section 27.3(t)). None.

• (ak) Collector’s permit: (Ord. No. 1749, 7/7/1988)

A collector’s permit shall be a residential accessory use. A two car garage up to 500 square feet accessory to a permitted dwelling shall not be counted toward total accessory square footage. (Ord. No. 3077, 11/20/2018)

1. All outdoor storage shall be completely screened to a height of six (6) feet by a solid wood or masonry fence, when not completely enclosed in a building unless alternative screening is specifically authorized by this use permit.

2. Outdoor storage areas shall be fully screened from public view from exterior property lines and from public roadways within one-half (1/2) mile of the open storage area.

3. There shall be no outdoor storage in any required yard area.

4. There shall be no outdoor storage in any front yard in the “SR”, “R1”, “R2” or “R3” districts.

5. Storage shall only occur in those areas shown on the approved plot plan.

6. A collector’s permit may also permit the open and outdoor storage of no more than two (2) unoccupied recreational vehicles on property not possessing a principal use, subject to the following provisions:

   • i. The minor use permit application shall be accompanied by proof that the applicant owns the property where the storage is to be located.

   • ii. The registered owner of the vehicle(s) must own a dwelling unit on a lot abutting the property where the storage is to be located.

   • iii. There shall be no storage of vehicles permitted within any required front yard.

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  - iv. The permit holder shall agree to maintain the property where the storage is located free of debris, junk, orovergrown weeds. 

  - **v.** Any recreational vehicle stored pursuant to this Section shall be currently registered and maintained in a condition to be legally operated on a public street or highway within the State of California. **(Ord. No. 1974, 12/20/1990)** 

• (al) Drop off recycling center:

  1. Shall meet all the conditions of Section 27.3(fa) or (fb) except as specifically waived by any minor use permit approved pursuant to this Section, for any reverse vending machine, bulk reverse vending machine, mobile recycling unit or small recycling center not meeting the standard conditions of Section 27.3(fa) or (fb). (Ord. No. 1749, 7/7/1988)

• (am) Large recycling center: (Ord. No. 1749, 7/7/1988)

  1. A large recycling center may collect all materials of a small recycling center with the addition of motor oil, furniture and large appliances; however, building materials, automobiles or auto parts or other vehicles or machinery or similar items may not be collected.

  2. The recycling center shall be screened from the public right-of-way by operating in an enclosed building; or be within an area enclosed by an opaque fence at least six (6) feet in height with landscaping; and at least one hundred fifty (150) feet from property zoned or planned for residential use.

3. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

   4. Site shall be maintained free of litter and other undesirable materials, and will be cleaned of loose debris on a daily basis.

   5. Customer parking will be provided on-site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials in addition to the parking requirements of Article 46; and one (1) parking space will be provided for each commercial vehicle operated by the recycling center.

   6. Noise levels shall not exceed the noise levels of Section 21-41.11.

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7. If the center is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

8. Any containers provided for after-hours donation of recyclable materials will be at least one hundred (100) feet from any property zoned or occupied for residential use, shall be of sturdy, rust-proof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

9. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited. The center shall display a notice stating that no material shall be left outside the recycling containers.

10. The center will be clearly marked with the name and phone number of the center operator and the hours of operation.

11. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may only be approved through a major use permit for a recycling processing center.

12. A large recycling center not meeting conditions 1 through 10 may be approved upon first securing a major use permit in each case. All conditions of this Section shall apply except as specifically waived by any major use permit approved pursuant to this Section (Ord. No. 1749, 7/7/1988) .

(an) Recycling processing center: (Ord. No. 1749, 7/7/1988)

1. A recycling processing center shall not be operated within two hundred fifty (250) feet of property zoned or planned for residential use.

2. In a “C3”, “M1” or “MP” district, processors will operate in a wholly enclosed building except for incidental storage; or, within an area enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped on all street frontages.

3. Power-driven processing shall be permitted, provided all noise level requirements are met.

4. A processing center may accept all materials collected by a large recycling center and used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

5. Setbacks and landscaping requirements shall be those provided for the zoning district in which the center is located.

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6. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

7. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

8. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the center is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, in addition to the parking requirements of Article 46.

9. One (1) parking space will be provided for each commercial vehicle operated by the processing center.

10. Noise levels shall not exceed the noise levels of Section 21-41.11.

11. If the center is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The center will be administered by on-site personnel during the hours the center is open.

12. Any containers provided for after-hours donation of recyclable materials will be at least one hundred (100) feet from any property zoned or occupied for residential use; shall be of sturdy, rust-proof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

13. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Center shall display a notice stating that no material shall be left outside the recycling containers.

14. Sign requirements shall be those provided for the zoning district in which the center is located. In addition, center will be clearly marked with the name and phone number of the center operator and the hours of operation.

15. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties. (Ord. No. 1749, 7/7/1988)

• (ao) Exotic animal keeping: None. (Ord. No. 2128, 1/14/1993)

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(ap) Farmers’ Market: (Ord. No. 2512, 4/27/2000)

1. Activities permitted are: Outdoor sales of produce, food products, plants and flowers. Non-food or non-vegetative product booths may comprise no more than 15% of the total sales area. Farmers’ markets not meeting these standards may be applied for as Commercial Rummage Sales [27.13(ae)].

2. Sales of food items shall comply with the requirements of the Health Department and Agricultural Commissioner. Certification of any farmer’s market shall be issued by the Agricultural Commissioner pursuant to the California Department of Food and Agriculture Code of Regulations. The permit holder shall ensure that all vendors have obtained any required permit.

   3. All sales activities shall be located in areas that are maintained as dust- free. No sales activities or parking shall be permitted within any road or highway right-of-way.

   4. Access to the farmers’ market and parking area shall be provided by a driveway or driveways consistent with County standards for distance from street corners or other driveways, and width.

   5. Temporary on-site signs shall be limited to one single-sided or double- sided sign, including sandwich signs, no larger than 24 square feet per face. Temporary signs shall be allowed for the duration of the farmers’ market season. Permanent on-site and off-site signs shall be allowed pursuant to Article 45 of this Code.

   6. No on-site or off-site signs shall be placed within any road or highway rightof-way.

   7. Trash receptacles shall be provided for disposal of trash on the site. The site shall be cleared of all trash immediately following each sale.

   8. The permit for a farmers’ market shall initially be valid for five (5) years. Subsequent extensions may be granted through the minor use permit process. (Ord. No. 2512, 4/27/2000)

• (aq) Wireless Communication Facilities, Collocation: (Ord. No. 2868, 07/10/2008) Refer to Section 71.6 of the Zoning Ordinance.

• (ar) Wireless Communication Facilities, New or Replacement: (Ord. No. 2868, 07/10/2008) Refer to Section 71.7 of the Zoning Ordinance.

• (as) Emergency Shelter: (Ord. No. 3021, 12/16/2014; Ord. No. 3158, 2/3/2026)

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1. Purpose. The purpose of these regulations is to establish standards to ensure that the development of emergency shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses. These performance standards shall apply to all shelters. These regulations are hereby amended to comply with state law, including Assembly Bill 139 .

2. Location. A shelter may be established in any “C3” Service Commercial District. .

3. Property Development Standards. The development shall conform to all property development standards of the standards of the C3 zoning district, with the exception of parking requirements, as well as Sections 21-41, 2145, 21-46.10, and 21-53.

4. Length of Stay. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three-hundred-sixty-five day period.

5. Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge. Hours of operation must be prominently posted on site. Clients shall be admitted to the facility between six p.m. and eight a.m. during Pacific Daylight Time and five p.m. and eight a.m. during Pacific Standard Time. All clients must vacate the facility by eight a.m. and have no guaranteed bed for the next night. Clients using optional Facilities/Services may remain onsite outside of these hours.

6. Onsite Parking. Onsite parking shall be provided in the ratio of one space for every six adult beds or one-half space per bedroom designated for family units with children. One space shall be provided for each manager/staff member. Bike rack parking shall also be provided by the facility.

7. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/down lit away from adjacent properties and public right of way.

8. Required Facilities. Shelters shall provide the following facilities.

   • i. Indoor client intake/waiting area of at least one hundred square feet. If an exterior waiting area is provided, it shall not be located adjacent to the public right of way and shall be visibly separated from public view by minimum six foot tall visibly screening mature landscaping or a minimum six foot tall decorative masonry wall. Provisions for shade and or rain protection shall be provided.

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• ii. Interior and or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per client, with a minimum overall area of one hundred square feet. Common space does not include intake areas.

9. Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use of residents:

   • i. Central cooking and dining room/s) subject to compliance with county health department requirements. Only clients that have been guaranteed a bed shall be eligible for a meal.

   • ii. Recreation room.

   • iii. Counseling center.

   • iv. Child-care facilities.

   • v. Other support services intended to benefit homeless clients.

10. Shelter Management. The shelter provider or management shall demonstrate that they currently operate a shelter within the state of California or have done so within the past two years and shall comply with the following requirements:

• i. At least two facility managers and or volunteers shall be on site and one shall be awake at all times the facility is open. The manager’s area shall be located near the entry to the facility. Additional support staff shall be provided as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

• ii. An operational and management plan (plan) shall be submitted for review and approval by the Community Development Director. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, said plan shall contain provisions addressing the following issues:

  - (aa) Security and safety: Addressing both on and offsite needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility. 
  
  - (ab) Loitering/noise control: providing specific measures regarding operational controls to minimize the congregation of clients in the vicinity of the facility during
  

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hours that clients are not allowed on site and or when services are not provided.

• (ac) Management of outdoor areas: including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses. Smoking shall be allowed in designated areas only.

• (ad) Staff training: with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income. At least one facility manager shall be CPR and First Aid certified.

• (ae) Communication and outreach with objectives to maintain effective communication and response to operational issues which may arise in the neighborhood as may be identified by city staff or the general public.

• (af) Adequate and effective screening: with the objectives of determining admittance eligibility of clients and providing first service to Lake County area residents.

• (ag) Litter control: with the objective of providing for the regular daily removal of litter attributable to clients within the vicinity of the facility.

(at) Commercial Cannabis Cultivation: ( Ord. No. 3084, 05/21/2019;Ord No. 3126, 10/25/22, Ord. No. 3092, 5/12/20; Ord. No. 3100, 12/15/20; Ord.No. 3103, 4/20/21; )

1. Development standards, general requirements, and restrictions

i. Development standards

==> picture [464 x 172] intentionally omitted <==

----- Start of picture text -----
License
M-Type 1
20 100 200 75 50 6 8 5,000
A-Type 1
(acres) Minimum property line Setback residences Number of Number of height (feet) Minimum height (feet) Maximum area (Sq. ft.) Maximum
Cannabis Plants Cannabis Plants
from fence fence
Setback from off- site
Lot Size Living canopy
Mature
----- End of picture text -----

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ii. General Requirements

(a) State licensure and permits as required. A person or entity shall not engage in the commercial cultivation of cannabis

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without first obtaining a Lake County minor or major use permit, a state cannabis cultivation license, and applicable permits such as from Department of Cannabis Control, Department of Food and Agriculture, Department of Pesticide Regulation, Department of Fish and Wildlife, the State Water Resources Control Board, Board of Forestry and Fire Protection, Central Valley or North Coast Regional Water Quality Control Board, Department of Public Health, and Department of Consumer Affairs, as appropriate.

• (b) Should there be a delay in the State’s issuance of a state cannabis cultivation license, which delay is solely caused by the State, the applicant may be granted a minor or major use permit if all other applicable State permits have been obtained. When said minor or major use permit is granted by the County, the permittee shall be deemed authorized by the County of Lake to engage in cannabis cultivation operations in the County of Lake. In all such cases of State licensing delay where a minor or major use permit is granted, said minor or major use permit shall be reviewed one (1) year after its issuance if the permittee has not already submitted proof of state licensure within that time. If the permittee is unable to provide proof of a valid state cannabis cultivation license at the time of that one-year review, the County minor or major use permit may be subject to review and action, up to and including, revocation. For purposes of this provision, a delay is solely caused by the State if the license applicant has submitted an application to the State deemed to be complete and has no compliance conditions outstanding that would preclude the State’s issuance of a cannabis cultivation license. Nothing in this provision is intended in any way to supplant or be contrary to the licensing requirements of State law.

• (c) The Department shall notify the Bureau of Cannabis Control and/or Cal Cannabis Cultivation Licensing Division upon revocation of any local license, permit, or authorization for a permittee to engage in commercial cannabis activity within the local jurisdiction.

• (d) Records

  • a. An applicant shall keep accurate records of commercial cannabis activity.

• b. All records related to commercial cannabis activity as defined by the state licensing authorities shall be maintained for a minimum of seven years.

  • c. The County may examine the books and records of an applicant and inspect the premises of a permittee

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when the County deems necessary to perform its duties under this division. All inspections shall be conducted during standard business hours of the permitted facility or at any other reasonable time.

• d. Applicants shall keep records identified by the County on the premises of the location permitted. The County may make any examination of the records of any applicant. Applicants shall also provide and deliver copies of such documents to the County upon request.

• e. An applicant, or its agent or employee, that refuses, impedes, obstructs, or interferes with an inspection of the premises or records of the applicant pursuant to this section, has engaged in a violation of this article.

• (e) Applicant

  • If the applicant is other than a natural person (including general partnerships of more than one individual natural person), the applicant must provide documentation regarding the nature of the entity and the names of the individual natural persons who manage, own or control the entity. The most common entities are corporations, limited liability companies (LLCs), limited partnerships (LPs), or trusts. These entities can be multi-layered and/or interlocking, e.g. a corporation can be owned by another corporation. If that is the case, documents for those other related entities are needed until the individual natural persons who manage, own or control the entities can be identified.

  • a. For Corporations:

    • (1) Articles of Incorporation – file stamped by the state agency where incorporated.

    • (2) If not a California Corporation, the registration filed to do business in California must be stamped by the CA Secretary of State.

    • (3) A list of the officers and directors of the corporation (this could be a single person).

    • (4) The agent for service of process and business office address in California.

    • (5) A list of the shareholders of the corporation (again, it could be a single person and the same as the officer/director). If it is a large, publicly held corporation with many shareholders, contact the Department for direction.

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• (6) If a non-profit mutual benefit corporation (common under pre-MMRSA practice for cannabis operations), a list of the members instead of the shareholders.

• (7) A resolution of the board of directors authorizing the individual who will sign the application and other documents on behalf of the corporation to do so.

• b. For Cannabis Cooperative Associations:

  • (1) Articles of Incorporation – file stamped by the state agency where incorporated.

  • (2) A list of the officers and directors of the corporation.

  • (3) The agent for service of process and business office address in California.

• (4) A list of the shareholders of the cooperative association. For the purpose of associations organized without shares of stock, the members shall be deemed to be “shareholders” as the term is used in the General Corporation Law.

  • (5) By-laws

  • (6) A resolution of the Board of Directors authorizing the individual who will sign the application and other documents on behalf of the corporation to do so.

• c. For Limited Liability Companies:

  • (1) Articles of Organization – file stamped by the state agency where formed If not a California LLC, or the registration to do business in California file stamped by the CA Secretary of State.

  • (2) A list of the managing member or members of the company.

  • (3) The agent for service of process and business office address in California.

  • (4) A list of any other members of the company.

  • (5) The application and other documents submitted on behalf of the LLC must be signed by a managing member.

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• d. For Limited Partnerships:

  • (1) Certificate of Limited Partnership – file stamped by the state agency where filed.

  • (2) If not a California LP, the registration to do business in California file must be stamped by the CA Secretary of State.

  • (3) The identity of the General Partner or partners.

  • (4) The agent for service of process and business office address in California.

  • (5) A list of the limited partners of the LP.

  • (6) The application and other documents submitted on behalf of the LP must be signed by a general partner.

• e. For Trusts:

  • (1) The Declaration of Trust or Statement of Trust.

  • (2) The name and address of the Trustee or trustees.

  • (3) A list of the names beneficiaries of the trust with a vested interest in the property held by the trust (check with County Counsel for explanation and details if needed).

  • (4) The application and other documents submitted on behalf of the trust must be signed by a Trustee.

• (f) Background Checks:

All applicants and employees shall undergo a background check by the Lake County Sheriff Department. An individual may fail the background check if employee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the sheriff determines that the applicant or permittee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the sheriff shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or permittee be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications,

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functions, or duties of the business or profession for which the application is made, the sheriff shall include, but not be limited to, the conditions described in Section 26057 of the California Business and Professions Code.

• (g) Application for Background Clearance for a County Permit (Ord.No. 3092, 5/12/20)

  • (1) An applicant for a commercial cannabis cultivation permit shall do all of the following:

    • (i) Each applicant and employee shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal.

    • (ii) An applicant shall not be eligible to receive a permit until electronic fingerprint images have been submitted to the Department of Justice as described in this Section and the Lake County Sheriff Department or Lake County Community Development Department has reviewed the resulting background information provided by the Department of Justice and determined that the applicant is eligible to receive a permit, as the case may be.

    • (iii) Due to the nature of agricultural work, an employee may be permitted to work temporarily upon submitting their electronic fingerprint images and related information. Once the application has been reviewed by the Lake County Sheriff Department or Lake County Community Development Department, the applicant must remove any and all employees who have failed the background checks from the cultivation site or any other operations related to the Use Permit.

    • (iv) The Sheriff’ s Office shall request from the Department of Justice subsequent notification 24 service, as provided pursuant to Section 11105. 2 of the Penal Code, for applicants.

    • (v) The applicant will be responsible to pay any fee

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the Department of Justice charges as set by the Department of Justice and sufficient to cover the reasonable cost of processing the requests described in this paragraph. (Ord.No. 3092, 5/12/20)

• (h) Qualifications for a Minor or Major Use Permit:

The County may deny a minor or major use permit (permit) or the renewal of a permit if any of the following conditions apply:

• (1) Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, including but not limited to, any requirement imposed to protect natural resources, in-stream flow, water quality, and fish and wildlife.

• (2) The applicant has failed to provide information required by the Lake County Zoning Ordinance.

• (3) The applicant, owner, or permittee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the Lake County Sheriff finds that the applicant, owner, or permittee is otherwise suitable to be issued a permit, and granting the permit would not compromise public safety, the Lake County Sheriff shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or owner, and shall evaluate the suitability of the applicant, owner, or permittee to be issued a permit based on the evidence found through the review.

(i) Property Owner’s Approval:

If the property where the cannabis activity is to be located is not owned by the applicant, written approval shall be obtained from the property owner(s), containing the property owner(s) notarized signature that authorizes the tenant or lessee to cultivate cannabis at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request. Written approvals shall be renewed annually.

• (j) Collocation of Permits and Clustering

Multiple Cultivation permits may be allowed on a single parcel provided that each permit meets the minimum acreage requirement and all other development standards. Clustering a cultivation site across multiple contiguous parcels may be permitted when all of the following criteria are met:

• (1) All parcels must qualify for a commercial cannabis cultivation permit independently,

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• (2) Title interest on all parcels shall be held under the same identical ownership.

• (3) All required cultivation setbacks shall be maintained from exterior property lines and the cultivation site may be permitted to cross contiguous property lines,

• (4) A deed restriction prohibiting commercial cannabis cultivation shall be recorded on each parcel where density has been transferred.

• (k) Permitted activities:

The following uses in connection with the cultivation of cannabis:

• (1) Cultivation of cannabis

• (2) Cannabis processing such as drying, curing, grading, packaging, or trimming

• (3) Accessory uses related to the planting, growing, harvesting, drying, curing, grading, or the trimming of cannabis.

• (l) Operating Hours:

Deliveries and pick-ups are restricted as follows:

• (1) Monday through Saturday: 9:00 a.m. - 7:00 p.m. Sunday: 12:00 p.m. - 5:00 p.m.

• (m) Duration of Permits:

Commercial cannabis cultivation permit duration: not to exceed ten (10) years.

• (n) Track and Trace:

All permittees shall comply with the State of California Track and Trace requirements.

• (o) Weights and Measures

All permittees shall comply with the State of California Weights and Measures requirements found in the California Food and Agriculture Code, California Code of Regulations, and the California Business and Professions Code.

• (p)

• Access Standards

• (1) Any site where a cannabis related activity is permitted shall have access to a public road or a recorded easement that allows for, but not limited to, delivery trucks, emergency vehicles, sheriff and other law enforcement officers, and government employees who are responsible for inspection or enforcement actions. Driveway encroachments onto County-maintained roadways shall be constructed to current County

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standards and shall be constructed with an encroachment permit obtained from the Department of Public Works.

• (2) All driveways shall be constructed and maintained so as to prevent road surface and fill material from discharging to any surface water body.

• (3) The design of all access to and driveways providing access to the site where the cannabis related activity that is permitted shall be sufficient to be used by all emergency vehicles and shall be approved by the applicable fire district.

• (4) Gates shall not be constructed across driveways or access roads that are used by neighboring properties or the general public. Gates constructed across public access easements are subject to removal per State Street and Highway Codes.

iii. Prohibited Activities

• (a) Tree Removal

The removal of any commercial tree species as defined by the California Code of Regulations section 895.1, Commercial Species for the Coast Forest District and Northern Forest District, and the removal of any true oak species (Quercus species) or Tan Oak (Notholithocarpus spices.) for the purpose of developing a cannabis cultivation site should be avoided and minimized. This shall not include the pruning of any such tree species for the health of the tree or the removal of such trees if necessary for safety or disease concerns.

• (b) Water use

The utilization of water that has been or is illegally diverted from any lake, spring, wetland, stream, creek, vernal pool, or river is prohibited. Cultivation site shall not be connected to public water.

(c) Odor

Cannabis related permits shall not propagate objectionable odors which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public.

(d) Electrical Generators

The indoor or mixed-light cultivation of cannabis shall not rely on a personal gasoline, diesel, propane, or similar fuels, powered generator as a primary source of power and shall only allow properly permitted (when applicable) generators

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for temporary use in the event of a power outage or emergency that is beyond the permittee’s control.

• (e) Lights

All lights used for cannabis related permits including indoor or mixed light cultivation of cannabis shall be fully contained within structures or otherwise shielded to fully contain any light or glare involved in the cultivation process. Artificial light shall be completely shielded between sunset and sunrise.

Security lighting shall be motion activated and all outdoor lighting shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the lot of record upon which they are placed.

• (f) Pesticide

The use any pesticide that has been banned for use in the state is prohibited.

iv. Protection of Minors

• (a) No permittee shall:

  • a. Sell, transfer or give cannabis or cannabis products to persons under 21 years of age;

  • b. Allow any person under 21 years of age into the cultivation area;

  • c. Employ or retain persons under 21 years of age.

• v.

• Commercial Cannabis Cultivation Exclusion Areas

Commercial cannabis cultivation is prohibited within a 1,000 feet of the following areas or uses:

• a. Community Growth Boundary as described in the Lake County General Plan,

• b. SOS combining district,

• c. Public lands, where, because of development or other actions, it is clear that the public is invited to use such locations as places of recreation and other destination activities, including but not limited to, hiking, birdwatching, equestrian activities, and camping. Additionally, all State and County parks are public lands. (Ord.No. 3096, 8/11/20)

• d. An incorporated city sphere of influence, unless the applicant can provide a letter of support from the City.

• e. Any public or private school, grades K through 12,

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• f. A developed public park containing playground equipment,

• g. A drug or alcohol rehabilitation facility, or

• h. A licensed child care facility or nursery school, church or youth-oriented facility catering to or providing services primarily intended for minors.

• i. Federal Indian Trust Lands, unless the applicant can provide a letter of support from the Federal Indian Trust Landholder.

• j. The distance specified in this section shall be measured horizontally from the areas or uses to the cannabis cultivation site.

• vi. Lake County Important Farmland Farming and agriculture is Lake County is important to our economy. Cannabis may present certain conflicts with more traditional farming. In order to ensure the protection of all agricultural industries within the county, the following rules will apply when cannabis cultivation interfaces with Farmland Protection Zones. If an applicant finds that their project is in an area where they shall not be allowed to cultivate outdoors, then their cannabis cultivation shall be limited to indoor, mixed light, and greenhouses that equipped with filtrations systems that prevents the movement of odors, pesticides, and other air borne contaminates out of or into the structure.

  • a. Outdoor cultivation of cannabis shall not be allowed within any Farmland Protection Zone.

  • b. Outdoor cultivation of cannabis shall not be allowed within 1000 feet of any Farmland Protection Zone.

  • c. If outdoor cultivation of cannabis is less than one (1) mile from Farmland Protection Zone, vegetation screening is required.

• i. Vegetation screening shall consist of woody vegetation or trees that grow to no less than 20 feet tall.

  - ii. Vegetation screening shall be between Farmland Protection Zone and the permitted cannabis canopy area. 
  
  - iii. The species of _woody vegetation_ or _trees_ to be used may be chosen by the permit applicant but should be suited to localized soil and site conditions. Native plant species are encouraged as are plantings which will benefit local fauna. Plantings must be _perennial_ and hardy in the local climate zone as specified in scientific literature or garden catalogs.
  

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• iv. Vegetation screen shall be effective in preventing substantial drift and approved by the Agricultural Commissioner.

• v. Vegetation screen shall be maintained through the life of the cultivation use permit. (Ord.No. 3103, 12/15/20)

• d. Pathway for Applicants impacted by the creation of the Farmland Protection Zone

i. Applicants shall be allowed a transition period of up to two (2) years from the effective date of this ordinance, or no later than May 21, 2023 if the following requirements are met:

a. Applications have been deemed complete, all documents required by the department and applicable to the application have been submitted to the department, other than CEQA documents, no later than December 15, 2020

b. All applicable taxes are paid in full

c. The applicant has not been and is not currently in violation of applicable state and local laws

d. The applicant has made diligent and reasonable efforts in the use permit process to provide all necessary information and documentation.

ii. EA Permits Repealed, Ord.3126, 10/25/2022

ii. Use Permits

a. If a use permit is obtained during the transition period, a condition of approval will be added that any non- conforming project within the FPZ shall meet the applicable requirements by the expiration date of their non- conforming use.

b. The use permit shall be revoked if the condition of approval for meeting requirements of the FPZ has not been met by the expiration.

iii. The applicable application shall be updated by the applicant to meet the new compliance requirements of the Farmland Protection Zone no later than May 21, 2022.

a. If no update to the applicable application

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has been received by the above referenced date, the eligibility for use permit shall be revoked.

iv. For applications meeting eligibility criteria of 27.13 at) 1 (vi) 1 d. i. , those projects shall require the use of a hoop- house to minimize any and all impacts.

a. Hoop- house as defined in Section 21-68.

b. At the end of each growing season within this transition period, hoop- houses must be dismantled and removed from the project location until the next growing season. (Ord.No. 3103, 4/20/21; Ord.No.3126, 0/25/22)

2. Permitting process ( Ord. No. 3084, 05/21/2019;Ord No. 3126, 10/25/22, Ord. No. 3092, 5/12/20; Ord. No. 3100, 12/15/20; Ord.No. 3103, 4/20/21)

   • i. Permits

     • (a) There are two different permit types for the commercial cultivation of cannabis:

• a. Minor Use Permit: A minor use permit is required for the following cannabis cultivation licenses: M – Type 1, A – Type 1, M – Type 1A, A – Type 1A, M – Type 1B, A – Type 1B, M – Type 1C, A – Type 1C, M – Type 2, A – Type 2, M – Type 2A, A – Type 2A, M – Type 2B, A – Type 2B, M – Type 4, or A – Type 4 licenses

     - b. Major Use Permit: A major use permit is required for the following cannabis cultivation licenses: M – Type 3, A – Type 3, M – Type 3A, A – Type 3A, M- Type 3B, or A – Type 3B licenses 
  
  - (b) Minor and Major Use Permits for Commercial cannabis cultivation 
  
     - a. The property proposed for commercial cannabis cultivation shall be enrolled with the applicable Regional Water Quality Control Board or State Water Resources Control  Board for water quality protection programs as of October 31, 2020, or the applicant shall provide written verification from the appropriate board that enrollment is not necessary. 
  
     - b. The applicant shall schedule and pay the fee for a preapplication conference with the Department prior to the submittal of an application for a use permit. Questions regarding a specific application will only be addressed at a pre-application conference. No later than two 27-123
  

weeks prior to the pre- application conference, the applicant shall provide the department:

• (1) A map showing the lot of record showing where the cultivation site is located and the Assessor’s Parcel Number (APN) for the lot of record.

• (2) Sketch of the proposed cultivation site including the location of the canopy area, full cultivation site, access, existing structures on the lot of record, any water bodies and/or water courses,

• (3) A statement as to which State license the applicant intends to submit an application.

• (4) Responses to the following performance standards questions:

  • (i) Has the applicant applied to the Cal Cannabis Cultivation Licensing Division for a cultivation license if the application relates to an existing site?

  • (ii) Is the cultivation site located outside a floodplain?

  • (iii) Do all aspects of the project not require a grading permit? How many cubic yards of soil is proposed for removal?

  • (iv) Does the applicant have a legal, on- site source of water?

  • (v) Does the applicant agree to monitor water use and share the data with the County?

  • (vi) Does the applicant agree to make water source available to Cal Fire for firefighting?

  • (vii) Has the applicant conducted a cultural/archeological survey of the property?

  • (viii) Does the applicant agree to monitor energy use and share the data with the County?

  • (ix) Does the applicant agree to monitor vegetative waste generation and share the data with the County?

  • (x) Does the applicant agree to monitor

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solid waste generation and share the

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data with the County?

  - (xi) Does the applicant agree to monitor water quality of storm water runoff and share the data with the County? 

  - (xii) Any questions that the applicant may have regarding the permitting process or what is required for the submittal.

• (xiii) Do you plan on using CO2 enhancement?

• c. At the pre-application conference the Department will provide:

  • (1) A determination of the legal lot of record status or request additional information to make such determination. The lot of record where the cultivation site is located is required to be a legal lot of record.

  • (2) A determination of current compliance with Chapters 5, 13, 17, 21, 23, 26, 29 or 30 of the Lake County Code. Compliance with these chapters is required to submit an application.

  • (3) A determination of the performance standards score based on the response to the performance standards questions. A minimum score of 75% is required to submit an application.

  • (4) A response to the questions submitted with the pre-application conference application.

  • (5) An outline of the information required for the application.

• d. Permit application supplemental information

The use permit application, in addition to the requirements of Article 55, shall include the following additional information:

• (1) The legal business name of the applicant entity;

• (2) The license type, pursuant to the California Department of Food and Agriculture cannabis cultivation program regulations, for which the applicant is applying and whether the application is for an M-license or A-license;

• (3) A list of all the types, including the license

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numbers of valid licenses, from the department and other cannabis licensing authorities that the applicant already holds;

• (4) The physical address of the premises;

• (5) The mailing address of the applicant;

• (6) A designated responsible party, who shall also be an owner, with legal authority to bind the applicant entity, and the primary contact for the application. The following information shall be provided for the designated responsible party: full legal name, title, mailing address, primary contact phone number, email address, and a copy of the owner’s government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal government, including, but not limited to, a driver’s license or passport, that contains the name, date of birth, physical description, and picture of the individual;

• (7) An individual or entity serving as agent for service of process for the applicant. The following information shall be provided for the agent for service of process: full legal name, mailing address, primary contact phone number, and email address;

• (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information:

  • (i) Full legal name;

  • (ii) Title within the applicant entity; (iii) Home address; (iv) Primary phone number; (v) Email address;

  • (vi) Date ownership interest in the applicant entity was acquired;

  • (vii) Percentage of the ownership interest held in the applicant entity by the owner;

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(viii) A list of all the valid licenses, including license type(s) and license number(s), from the department and other cannabis licensing authorities that the owner is listed as either an owner or financial interest holder; (ix) A copy of their government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the person, such as a driver’s license or passport. (x) For applicants that are a cannabis cooperative as defined by Division 10, Chapter 22 (commencing with section 26220) of the Business and Professions Code, identification of all members. (xi) Evidence that the applicant entity has the legal right to occupy and use the proposed location. (xii) Evidence of enrollment with the applicable Regional Water Quality Control Board or State Water Resources Control Board for water quality protection programs or written verification from the appropriate board that enrollment is not necessary; (xiii) Evidence that the applicant has conducted a hazardous materials record search of the EnviroStor database for the proposed premises. If hazardous sites were encountered, the applicant shall provide documentation of protocols implemented to protect employee health and safety; (xiv) For indoor and mixed light license types, identification of all power sources for cultivation activities, including but not limited to, illumination, heating, cooling, and ventilation; (xv) Identification of all water sources used

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for cultivation activities and the estimated volume of water used on a monthly basis.

• (xvi) An attestation that the local fire department has been notified of the cultivation site if the applicant entity is an indoor license type;

• (xvii) If construction is proposed, Building Elevations shall be submitted

• (9) Project description:

The project description shall provide adequate information to evaluate the impacts of the proposed project and consists of three parts: a site plan, a written description section, and a property management section.

• (10) Site Plan: A site plan is a graphic representation of the project consisting of maps, site plans, or drawings prepared by a design professional consistent with the requirements of the Department pursuant to Article 55.5.

  • (i) This section shall include a map of any spring, top of bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool on the lot of record of land or within 200 feet of the lot of record and a 100-foot setback from

(ii) The use of fertilizer shall not be located within 100 feet of any spring, top of bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool. For purposes of determining the edge of Clear Lake, the setback shall be measured from the full lake level of 7.79 feet on the Rumsey Gauge.

(iii) The use of pesticides shall not be located within 100 feet of any spring, top of bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool. For purposes of determining the edge of Clear Lake,

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the setback shall be measured from the full lake level of 7.79 feet on the Rumsey Gauge.

(iv) Include A map of any private drinking water well, a 100 foot setback from any identified private drinking water well, The map shall also include any public water supply well on the lot of record or within 200 feet of the lot of record and a 200 foot setback from any public water supply well. (v) Pursuant to the California Health and Safety Code, the use of hazardous materials shall be prohibited except for limited quantities of hazardous materials that are below State threshold levels of 55 gallons of liquid, 500 pounds of solid, or 200 cubic feet of compressed gas. The production of any Hazardous Waste as part of the cultivation process is prohibited. (vi) A topographic map of the parcel where the permitted activity is located with contours no greater than forty (40) feet. (11) Written Description: A written section which shall support the graphic representations and shall, at a minimum, include: (i) A project description; (ii) The present zoning; (iii) A list and description of all uses shown on the site plan; (iv) A development schedule indicating the approximate date when construction of the project can be expected to begin and be completed for each phase of the project; including the permit phase; (v) A statement of the applicant’s proposal for solid waste disposal, vegetative waste disposal, storm water management, growing medium management, fish and wildlife protection, water resources protection, energy use, water use, pest

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management, fertilizer use, property management, grading, organic farming, and protection of cultural resources;

(vi) Quantitative data for the development including but not limited to: Gross and net acreage; the approximate dimensions and location of structures for each district or area; employee statistics; support services required; traffic generation data based on anticipated uses; parking and loading requirements; and outdoor storage requirements based on anticipated uses; (vii) Supplemental information, if applicable: (a) Copy of the statement of water diversion, or other permit, license or registration filed with the State Water Resources Control Board, Division of Water Rights. (b) Copy of Notice of Intent and Monitoring Self-Certification and other documents filed with the North Coast or Central Valley Regional Water Quality Board. (c) Streambed Alteration Permit obtained from the Department of Fish and Wildlife. (d) Copy of County of Lake well permit, state well permit, or well logs. (e) If the lot of record is zoned TPZ, or involves conversion of timberland, a copy of less-than3-acre conversion exemption or timberland conversion permit, approved by CALFIRE. Alternately for existing operations occupying sites created through prior unauthorized conversion of

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     - timberland, evidence may be provided showing the landowner has completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE. 

  - (viii) Other pertinent information as required by the Director. 

• (12) A Management Plan section Described in subsection 3 below.

• e. Minor and Major Use Permit required findings

In addition to the findings required for a minor use permit (Article 50.4) or major use permit (Article 51.4), the following findings shall be made:

• (1) The proposed use complies with all development standards described in Section 1. i.

• (2) The applicant is qualified to make the application described in Section 1.ii.(g).

• (3) The application complies with the qualifications for a permit described in Section 1.ii. (i).

3. Property Management Plan

All permittees shall prepare a Property Management Plan. The intent of said plan is to identify and locate all existing cannabis and non-cannabis related uses on the property, Identify and locate all proposed cannabis and noncannabis related uses on the property, and describe how all cannabis and noncannabis related uses will be managed in the future. The property management plan shall demonstrate how the operation of the commercial cannabis cultivation site will not harm the public health, safety, and welfare or the natural environment of Lake County.

The plan will consist of the following sections:

• i. Air Quality

  • (a) Intent: All cannabis permittees shall not degrade the County’s air quality as determined by the Lake County Air Quality Management District (LCAQMD).

  • (b) In this section, permittees shall identify any equipment or activity that may cause, or potentially cause the issuance of air contaminates including odor and shall identify measures to be taken to reduce, control or eliminate the issuance of air contaminants, including odors.

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• (c) All cannabis permittees shall obtain an Authority to Construct permit, if necessary, pursuant to LCAQMD Rules and Regulations, prior to the construction of the facility described in the Property Management Plan.

• (d) All cannabis permittees shall obtain Authority to Construct Permit pursuant to LCAQMD Rules and Regulations, if applicable, to operate any article, machine, equipment or other contrivance which causes or may cause the issuance of an air contaminant.

• (e) All permittees shall maintain an Authority to Construct or Permit to Operate for the life of the project, until the operation is closed and equipment is removed.

• (f) The applicant shall prepare an odor response program that includes (but is not limited to):

  • a. Designating an individual(s) who is/are responsible for responding to odor complaints 24 hours per day/seven (7) days a week, including holidays.

  • b. Providing property owners and residents of property within a 1,000 foot radius of the cannabis facility, with the contact information of the individual responsible for responding to odor complaints.

  • c. Policies and procedures describing the actions to be taken when an odor complaint is received, including the training provided to the responsible party on how to respond to an odor complaint.

  • d. The description of potential mitigation methods to be implemented for reducing odors, including add- on air pollution control equipment.

• e. Contingency measures to mitigate/curtail odor and other emissions in the event the methods described above are inadequate to fully prevent offsite nuisance conditions.

ii. Grounds.

• (a) The permittee shall establish and implement written procedures to ensure that the grounds of the premises controlled by the permittee are kept in a condition that prevents the contamination of components and cannabis products. The methods for adequate maintenance of the grounds shall include at minimum:

  • a. The proper storage of equipment, removal of litter and waste, and cutting of weeds or grass so that the premises shall not constitute an attractant, breeding place, or harborage for pests.

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  - b. The proper maintenance of roads, yards, and parking lots so that these areas shall not constitute a source of contamination in areas where cannabis products are handled or transported. 

  - c. The provision of adequate draining areas in order to prevent contamination by seepage, foot-borne filth, or the breeding of pests due to unsanitary conditions. 

  - d. The provision and maintenance of waste treatment systems so as to prevent contamination in areas where cannabis products may be exposed to such a system’s waste or waste by-products. 

• (b) If the lot of record is bordered by grounds outside the applicant’s control that are not maintained in the manner described in subsections (i) through (iv) of this section, inspection, extermination, and other reasonable care shall be exercised within the lot of record in order to eliminate any pests, dirt, and/or filth that pose a source of cannabis product contamination.

• (c) Any other information as may be requested by the Director and/or by the Planning Commission.

• iii.

Security

• (a) Intent: To minimize criminal activity, provide for safe and secure working environments, protect private property, and to prevent damage to the environment. The Applicant shall

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provide adequate security on the premises, as approved by the Sheriff and pursuant to this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.

• (b) Security Plan

This section shall include at a minimum:

• a. A description of the security measures to be taken to:

  • (1) Prevent access to the cultivation site by unauthorized personnel and protect the physical safety of employees. This includes, but is not limited to:

    • (i) Establishing physical barriers to secure perimeter access and all points of entry (such as locking primary entrances with commercial- grade, non- residential door locks, or providing fencing around the grounds, driveway, and any secondary entrances including windows, roofs, or ventilation systems);

    • (ii) Installing a security alarm system to notify and record incident(s) where physical barriers have been breached;

    • (iii) Establishing an identification and signin/sign-out procedure for authorized personnel, suppliers, and/or visitors;

    • (iv) Maintaining the premises such that visibility and security monitoring of the premises is possible; and

• (v) Establishing procedures for the investigation of suspicious activities.

  • (2) Prevent theft or loss of cannabis and cannabis products. This includes but is not limited to:

    • (i) Establishing an inventory system to track cannabis material and the personnel responsible for processing it throughout the cultivation process;

    • (ii) Limiting access of personnel within the premises to those areas necessary to complete job duties, and to those timeframes specifically scheduled for completion of job duties;

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• (iii) Supervising tasks or processes with high potential for diversion (including the loading and unloading of cannabis transportation vehicles); and

• (iv) Providing designated areas in which personnel may store and access personal items.

(3) Identification of emergency contact(s) that is/are available 24 hours/seven (7) days a week including holidays. The plan shall include the name, phone number and facsimile number or email address of an individual working on the commercial cultivation premises, to whom notice of problems associated with the operation of the commercial cultivation establishment can be provided. The commercial cultivation establishment shall keep this information current at all times. The applicant shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the County.

(4) The permittee shall maintain a record of all complaints and resolution of complaints and provide a tally and summary of issues in the annual Performance Review Report.

(5) A description of fences, location of access points, and how access is controlled.

• (6) Video Surveillance.

(i) At a minimum, permitted premises shall have a complete digital video surveillance system with a minimum camera resolution of 1080 pixel. The video surveillance system shall be capable of recording all pre- determined surveillance areas in any lighting conditions.

(ii) The video surveillance system shall be capable of supporting remote access by the permittee.

(iii) To the extent reasonably possible, all video surveillance cameras shall be

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installed in a manner that prevents intentional obstruction, tampering with, and/or disabling.

(iv) Areas that shall be recorded on the video surveillance system include, but are not limited to, the following:

(a) The perimeter of the cannabis cultivation site and cannabis nursery, (b) Areas where cannabis or cannabis products are weighed, packed, stored, quarantined, loaded and/or unloaded for transportation, prepared, or moved within the premises; (c) Areas where cannabis is destroyed; (d) Limited-access areas; (e) Security rooms; (f) Areas containing surveillancesystem storage devices, in which case, at least one camera shall record the access points to such an area; and (g) The interior and exterior of all entrances and exits to the cannabis cultivation sites and cannabis nursery including all buildings where cannabis or cannabis products are weighed, packed, stored, quarantined, loaded and/or unloaded for transportation, prepared, or moved within the premises. (v) The surveillance system shall operate continuously 24 hours per day and at a minimum of 30 frames per second during the period of time that cannabis operations are actively taking place.( Ord.No. 3092, 5/12/20) (i) All exterior cameras shall be waterproof, I-66 minimum. (ii) All interior cameras shall be moisture proof.

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(iii) Cameras shall be color capable. (iv) Video management software shall be capable of integrating cameras with door alarms. (v) Video recordings shall be digital. (vi) Thermal technology shall be used for perimeter fencing. (vii) All cameras shall include motion sensors that activates the camera when motion is detected. (viii) In areas with inadequate lighting for the cameras being used, sufficient lighting shall be provided to illuminate the camera’s field of vision. (ix) All recording shall be located in secure rooms or areas of the premises in an access and environment-controlled environment which is separate from the room where the computer and monitoring equipment is located. (x) All surveillance recordings shall be kept on the applicant's recording device or other approved location for a minimum of 30 days. (xi) All video surveillance recordings are subject to inspection by the Department and shall be copied and sent, or otherwise provided, to the Department upon request. (xii) The video recordings shall display the current date and time of recorded events. Time is to be measured in accordance with the U.S. National Institute Standards and Technology standards. The displayed date and time shall not significantly obstruct the view of recorded images (7) Fences (i) Any commercial cannabis cultivation site shall be enclosed by a fence. The fence shall include, at a minimum, the following: Posts set into the ground. The posts may be steel tubing, timber or concrete and may be driven into the

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ground or set in concrete. End, corner or gate posts, commonly referred to as "terminal posts", must be set in concrete footing or otherwise anchored to prevent leaning under the tension of a stretched fence. Posts set between the terminal posts shall be set at intervals not to exceed 10 feet. A top horizontal rail is required between all posts. The fence shall be attached to the posts and top horizontal rail.

• (ii) No barbed wire, razor wire or similar design shall be used.

• (iii) The cultivation area shall be screened from public view. Methods of screening may include, but are not limited to, topographic barriers, vegetation, or solid (opaque) fences.

iv. Storm Water Management

• (a) Intent: To protect the water quality of the surface water and the stormwater management systems managed by Lake County and to evaluate the impact on downstream property owners. All permittees shall manage storm water runoff to protect downstream receiving water bodies from water quality degradation.

• (b) All cultivation activities shall comply with the California State Water Board, the Central Valley Regional Water Quality Control Board, and the North Coast Region Water Quality Control Board orders, regulations, and procedures as appropriate.

• (c) Outdoor cultivation, including any topsoil, pesticide or fertilizers used for the cultivation cannabis shall not be located within 100 feet of any spring, top of bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool. For purposes of determining the edge of Clear Lake, the setback shall be measured from the full lake level of 7.79 feet on the Rumsey Gauge.

• (d) The illicit discharges of irrigation or storm water from the premises, as defined in Title 40 of the Code of Federal Regulations, Section 122.26, which could result in degradation of water quality of any water body is prohibited.

• (e) All permittees shall prepare a Storm Water Management Plan based on the requirements of the California Regional Water

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Quality Control Board Central Valley Region or the California Regional Water Quality Control Board North Coast Region. In addition to those requirements, the plan shall include:

• a. Identification of any Lake County maintained drainage or conveyance system that the stormwater is discharged into and documentation that the stormwater discharge is in compliance with the design parameters of those structures;

• b. Identification of any public roads and bridges that are downstream of the discharge point and documentation that the stormwater discharge is in compliance with the design parameters of any such bridges;

• c. Documentation that the discharge of stormwater from the site will not increase the volume of water that historically has flow onto adjacent properties;

• d. Documentation that the discharge of stormwater will not increase flood elevations downstream of the discharge point;

• e. Documentation that the discharge of stormwater will not degrade water quality of any water body;

• f. Documentation of compliance with the requirements of Chapter 29, Storm Water Management Ordinance of the Lake County Ordinance Code;

• g. Describe the proposed grading of the property;

• h. Describe the storm water management system;

• i. Describe the best management practices (BMPs) that will be used during construction and those that will be used post-construction. Post-construction BMPs shall be maintained through the life of the permit; and

• j. Describe what parameters will be monitored and the methodology of the monitoring program.

• k. Cannabis Vegetative Material Waste Management

The cannabis vegetative material waste management section shall include:

• (1) Provide an estimate of the type and amount of cannabis vegetative waste that will be generated on an annual basis;

• (2) Describe how the permittee will minimize cannabis vegetative waste generation;

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• (3) Describe how solid waste will be disposed; and

• (4) Describe the methodology on how the amount of cannabis vegetative waste that is generated on the site, the amount that is recycled, and the amount and where cannabis vegetative waste is disposed of is measured.

• l. Growing Medium Management

The growing medium management section shall include:

• (1) Provide an estimate of the type and amount of new growing medium that will be used and amount of growing medium will be disposed of on an annual basis;

• (2) Describe how the permittee will minimize growing medium waste generation;

• (3) Describe any non-organic content in the growing medium used (such as vermiculite, silica gel, or other non-organic additives;

• (4) Describe how growing medium waste will be disposed; and

• (5) Describe the methodology on how the amount of growing medium waste that is generated on the site, the amount that is recycled, and the amount and where growing medium waste is disposed of, is measured.

• v.

Water Use

• (a) Intent: To conserve the County’s water resources by minimizing the use of water.

• (b) All permitted activities shall have a legal water source on the premises, and have all local, state, and federal permits required to utilize the water source. If the permitted activity utilizes a shared source of water from another site, such source shall be a legal source, have all local, state, and federal permit required to utilize the water source, and have a written agreement between the property owner of the site where the source is located and the permitted activity agreeing to the use of the water source and all terms and conditions of that use.

• (c) Permittee shall not engage in unlawful or unpermitted drawing of surface water.

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• (d) The use of water provided by a public water supply, unlawful water diversions, transported by a water hauler, bottled water, a water-vending machine, or a retail water facility is prohibited.

• (e) Where a well is used, the well must be located on the premises, an adjacent parcel or piped through a dedicated easement. The production well shall have a meter to measure the amount of water pumped. The production wells shall have continuous water level monitors. The methodology of the monitoring program shall be described. A monitoring well of equal depth within the cone of influence of the production well may be substituted for the water level monitoring of the production well. The monitoring wells shall be constructed and monitoring begun at least three months prior to the use of the supply well. An applicant shall maintain a record of all data collected and shall provide a report of the data collected to the County annually.

well of equal depth within the cone of influence of the production well may be substituted for the water level monitoring of the production well. The monitoring wells shall be constructed and monitoring begun at least three months prior to the use of the supply well. An applicant shall maintain a record of all data collected and shall provide a report of the data collected to the County annually.

(f) Water may be supplied by a licensed retail water supplier, as defined in Section 13575 of the Water Code, on an emergency basis. The application shall notify the Department within 7 days of the emergency and provide the following information:

• a. A description of the emergency.

• b. Identification of the retail water supplier including license number.

• c. The volume of water supplied.

• d. Actions taken to prevent the emergency in the future.

• (g)

  • All permittees shall prepare a Water Use/water availability analysis prepared by qualified individual Said plan shall:

  • a. Identify the source of water, including location, capacity, and documentation that it is a legal source.

  • b. Describe the proposed irrigation system and methodology.

  • c. Describe the amount of water projected to be used on a monthly basis for irrigation and separately for all other uses of water and the amount of water to be withdrawn from each source of water on a monthly basis.

• Compliance monitoring

• i. A compliance monitoring inspection of the cultivation site shall be conducted annually during growing season.

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• ii. The permittee shall pay a compliance monitoring fee established by resolution of the Board of Supervisors prior to the inspection.

• iii. If there are no violations of the County permit or state license during the first five years, the inspection frequency may be reduced by the Director to not less than once every five years.

5. Annual Reports

   • i. Performance Review

     • (a) All cannabis permittees shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Director at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved minor or major use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific Performance Review Report that could potentially lead to revocation of the associated minor or major use permit, the Planning Commission may require the submittal of more frequent “Performance Review Reports.”

     • (b) Pursuant to sub-section 5. i. above, the premises shall be inspected by the Department on an annual basis, or less frequently if approved by the Director. A copy of the results from this inspection shall be given to the permittee for inclusion in their “Performance Review Report” to the Department.

• (c) Compliance monitoring fees pursuant to the County’s adopted master fee schedule shall be paid by permittee and accompany the “Performance Review Report” for costs associated the review of the report by County staff.

  - (d) Non-compliance by permittee in allowing the inspection by the Department, or refusal to pay the required fees, or noncompliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the development permit or use permit and subject the holder of the permit(s) to the penalties outlined in this Code.
  

6. Renewals

   • i. The following is required for permit renewal:

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• (a) An application for renewal shall be submitted to the Department prior to the expiration. Failure to submit an application for renewal by that date may result in the expiration of the permit.

• (b) Applications: Applicants shall complete an application form as prescribed by the Director and pay all fees as established by resolution by the Board of Supervisors.

• (c) The following documentation in electronic format is required for application for renewal:

  • a. A copy of all licenses, permits, and conditions of such licenses or permits related to the project from state agencies as appropriate including, but not limited to the California Department of Food and Agriculture, Department of Pesticide Regulation, Department of Fish and Wildlife, The State Water Resources Control Board, Board of Forestry and Fire Protection, Central Valley or North Coast Regional Water Quality Control Board, and the Department of Public Health.

  • b. A copy of all reports provided the County and State agencies as determined by the Director.

  • c. A list of all employees on the premise during the past year and a copy of the background checks certification for each.

  • d. Documentation that the applicant is still qualified to be an applicant.

  • e. Any proposed changes to the use permit or how the site will be operated.

  • f. Payment of all fees as established by resolution by the Board of Supervisors.

(d)

The permit may be renewed if:

• a. Where there are no changes to the use permit or how the site will be operated:

  • (1) The original permit’s approval findings, conditions, or environmental certification are still valid.

  • (2) There are no violations of the permit conditions or of state licenses or permits.

  • (3) The applicant is qualified to apply for such a permit.

• b. Where there are changes to the development or use permit or how the site will be operated:

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• (1) Such changes do not change the findings of the original permit’s approval findings, conditions, or environmental certification.

• (2) There are no violations of the permit conditions or of state licenses or permits.

• (3) The applicant is qualified to apply for such a permit.

(au) Type N and Type P Cannabis Manufacturing Licenses: (Ord. No. 3079, 12/11/2018)

1. A person or entity shall not engage in manufacturing of cannabis without first obtaining a Lake County minor or major use permit, a state cannabis license, and other applicable permits.

2. The Department shall notify the Bureau of Cannabis Control or its successor agency upon revocation of any local license, permit, or authorization for a permittee to engage in commercial cannabis activity within the local jurisdiction.

3. The parcel where the cannabis manufacturing facility is located shall front and have direct access to a paved State or County maintained road.

4. Records

   • i. An applicant shall keep accurate records of commercial cannabis activity.

   • ii. All records related to commercial cannabis activity as defined by the state licensing authorities shall be maintained for a minimum of seven years.

   • iii. The County may examine the books and records of an applicant and inspect the premises of a permittee when the County deems necessary to perform its duties under this division. All inspections shall be conducted during standard business hours of the permitted facility or at any other reasonable time.

   • iv. Applicants shall keep records identified by the County on the premises of the location permitted. The County may make any examination of the records of any applicant. Applicants shall also provide and deliver copies of such documents to the County upon request.

   • v. An applicant, or its agent or employee, that refuses, impedes, obstructs, or interferes with an inspection of the premises or

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records of the applicant pursuant to this section, has engaged in a violation of this article.

5. If the applicant is other than a natural person (including general partnerships of more than one individual natural person), the applicant must provide documentation regarding the nature of the entity and the names of the individual natural persons who manage, own or control the entity. The most common entities are corporations, limited liability companies (LLCs), limited partnerships (LPs), or trusts. These entities can be multi-layered and/or interlocking, e.g. a corporation can be owned by another corporation. If that is the case, documents for those other related entities are needed until the individual natural persons who manage, own or control the entities can be identified.

e most common entities are corporations, limited liability companies (LLCs), limited partnerships (LPs), or trusts. These entities can be multi-layered and/or interlocking, e.g. a corporation can be owned by another corporation. If that is the case, documents for those other related entities are needed until the individual natural persons who manage, own or control the entities can be identified.

• i. For Corporations: Articles of Incorporation – file stamped by the state agency where incorporated. If not a California Corporation, the registration filed to do business in California must be stamped by the CA Secretary of State. A list of the officers and directors of the corporation (this could be a single person). The agent for service of process and business office address in California. A list of the shareholders of the corporation (again, it could be a single person and the same as the officer/director). If it is a large, publicly held corporation with many shareholders, contact the Department for direction. If a non-profit mutual benefit corporation (common under pre-MMRSA practice for cannabis operations), a list of the members instead of the shareholders. A resolution of the board of directors authorizing the individual who will sign the application and other documents on behalf of the corporation to do so.

• ii. For Limited Liability Companies: Articles of Organization – file stamped by the state agency where formed If not a California LLC, or the registration to do business in California file stamped by the CA Secretary of State. A list of the managing member or members of the company. The agent for service of process and business office address in California. A list of any other members of the company. The application and other documents submitted on behalf of the LLC must be signed by a managing member.

iii. For Limited Partnerships: Certificate of Limited Partnership – file stamped by the state agency where filed. If not a California LP, the registration to do business in California file must be stamped by the CA Secretary of State. The identity of the General Partner or partners. The agent for service of process and business office

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address in California. A list of the limited partners of the LP. The application and other documents submitted on behalf of the LP must be signed by a general partner.

• iv. For Trusts: The Declaration of Trust or Statement of Trust – The name and address of the Trustee or trustees. A list of the names beneficiaries of the trust with a vested interest in the property held by the trust (check with County Counsel for explanation and details if needed). The application and other documents submitted on behalf of the trust must be signed by a Trustee.

6. Background Checks: All applicants and employees shall undergo a background check by the Lake County Sheriff Department. An individual may fail the background check if employee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the sheriff determines that the applicant or permittee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the sheriff shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or permittee be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the sheriff shall include, but not be limited to, the conditions described in Section 26057 of the California Business and Professions Code.

7. Application for Background Clearance for County Permit: An applicant for cannabis distribution permit shall do all of the following:

   • i. Require that each applicant and employee electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal.

   • ii. The Sheriff’s Office shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.

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• iii. The applicant will be responsible to pay any fee the Department of Justice charges that is set by the Department of Justice and sufficient to cover the reasonable cost of processing the requests described in this paragraph.

• iv. Pay any fees of the Sheriff’s office as established by the Board of Supervisors.

8. Qualifications for a Minor or Major Use Permit: The County may deny a minor or major use permit (Permit) or the renewal of a Permit if any of the following conditions apply:

   • i. If the applicant(s) fails the background check.

   • ii. Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, including but not limited to, any requirement imposed to protect natural resources, in-stream flow, water quality, and fish and wildlife.

   • iii. The applicant has failed to provide information required by the Lake County Zoning Ordinance.

9. The applicant, owner, or permittee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the Lake County Sheriff finds that the applicant, owner, or permittee is otherwise suitable to be issued a permit, and granting the permit would not compromise public safety, the Lake County Sheriff shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or owner, and shall evaluate the suitability of the applicant, owner, or permittee to be issued a permit based on the evidence found through the review.

10. Property Owner’s Approval: If the property where the cannabis activity is to be located is not owned by the applicant, written approval shall be obtained from the property owner(s), containing the property owner(s) notarized signature that authorizes the tenant or lessee to conduct cannabis manufacturing or processor activities of cannabis at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request. Written approvals shall be renewed annually.

11. Sign Standards: In addition to the sign standards of the applicable area plan and this Chapter, the design shall comply with the following standards:

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• i. Cannabis, cannabis-infused products, or associated products shall not be displayed or clearly visible to a person from the exterior of the cannabis manufacturing facility.

• ii. The facility shall not display on the exterior of the facility advertisements for cannabis or any brand name and may only identify the building by the registered name.

• iii. The facility shall not utilize graphics related to cannabis or paraphernalia on the exterior of the building in which the cannabis manufacturing facility is located.

12. Design Standards: In addition to the design standards of the applicable area plan and this Chapter, the design shall comply with the following standards:

• i. Auxiliary structures such as trash enclosures and storage areas should be compatible with and integrated into the overall design.

• ii. Containers for the recycling of recyclable products shall be accommodated within trash storage areas.

• iii. The height and mass of buildings shall consider the visual and physical relationship to adjacent uses. A structure that dominates its environment by its relative size is strongly discouraged.

• iv. Facades with a high level of visual interest from both vehicular and pedestrian viewpoints are encouraged.

• v. Long unbroken building facades should be broken up with architectural details. Facades with varied front setbacks are encouraged to provide visual interest.

• vi. Rear and side wall elevations should provide building offsets and architectural details similar to the front facade.

• v i . Roof design shall allow solar panels to be integrated into the roof design, flush with the roof slope. Building orientation and shading design should minimize solar gain and maximize daylight harvesting.

  • v i . Materials should be chosen to withstand abuse by vandals or accidental damage by machinery. False facades and other simulated materials and ornamentation are discouraged.

  • ix. Storage containers or accessory structures shall be architecturally treated on all four exterior sides of the structure.

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• x. Storage containers or accessory structures should employ a variety of building forms, materials, colors and other architectural treatments to add visual interest.

• xi. The use of compatible colors in a single facade or composition is required. Compatible colors add interest and variety while reducing building scale and breaking up plain walls. Bright colors are prohibited.

• x i . Service and, emergency generator should be enclosed within the building structure.

13. Circulation, Parking, and Loading Standards: In addition to the circulation, parking, and loading standards of the applicable area plan and this Chapter, the design shall comply with the following standards:

• i. Loading and service areas shall be concealed from public view and from adjoining properties by appropriately designed walls, fencing and landscaping and shall be located to the rear or sides of a building, away from the main building entrance, or related high visibility areas.

• ii. Loading areas shall be designed to accommodate backing and maneuvering onsite, not from a public street, and when occupied shall not prohibit onsite vehicular circulation.

• iii. Entrances, parking lots and pathways should be visible from streets or buildings for safety and surveillance purposes.

• iv. A cannabis manufacture facilities shall comply with the parking standards described in Article 46 of this chapter and specifically 2146.5 (c) 2. Manufacturing.

14. Landscape Standards: In addition to the landscape standards of the applicable area plan and this Chapter, the design shall comply with the following standards:

• i. Landscaping shall be in scale with adjacent buildings and be of an appropriate size at maturity to accomplish its intended purpose.

• ii. Landscaping shall be used to define areas such as entrances to buildings and parking lots, provide transition between neighboring properties (buffering), and provide screening for outdoor storage, loading and equipment areas.

• iii. Landscaping strip 5 feet wide around the entire base of the building(s) to soften the edge between the parking lot and building

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is required. The landscape strip is not required at entrances to the building or at loading or service areas building access points.

• iv. Landscaping shall maintain adequate sight lines for visual safety, visibility and efficient security.

15. Glare and Heat Standards: In addition to the glare and heat standards of the applicable area plan and this Chapter, the design shall comply with the following standards:

• i. Lighting shall be designed to provide atmosphere, safety, and security without spillover or glare onto adjacent properties and light intensity should be of satisfactory quality to ensure visibility, safety, and security.

16. Security: Prevention of access to the site by unauthorized personnel and protect the physical safety of employees. This includes, but is not limited to:

• i. Establishing physical barriers to secure perimeter access and all points of entry (such as locking primary entrances with commercialgrade, non-residential door locks, or providing fencing around the grounds, driveway, and any secondary entrances including windows, roofs, or ventilation systems);

• ii. Installing a security alarm system to notify and record incident(s) where physical barriers have been breached;

• iii. Establishing an identification and sign-in/sign-out procedure for authorized personnel, suppliers, and/or visitors;

• iv. Maintaining the premises such that visibility and security monitoring of the premises is possible; and

• v. Establishing procedures for the investigation of suspicious activities.

17. Prevent theft or loss of cannabis and cannabis products. This includes but is not limited to:

• i. Establishing an inventory system to track cannabis material and the personnel responsible for processing it throughout the manufacturing process;

• ii. Limiting access of personnel within the premises to those areas necessary to complete job duties, and to those time-frames specifically scheduled for completion of job duties;

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• iii. Supervising tasks or processes with high potential for diversion (including the loading and unloading of cannabis transportation vehicles); and

• iv. Providing designated areas in which personnel may store and access personal items.

18. Identification of emergency contact(s) that is/are available 24 hours/seven (7) days a week including holidays. The plan shall include the name, phone number and facsimile number or email address of an individual working on cannabis manufacturing premises, to whom notice of problems associated with the operation of the cannabis manufacturing establishment can be provided. The cannabis manufacturing establishment shall keep this information current at all times. The applicant shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the County.

19. The permittee shall maintain a record of all complaints and resolution of complaints and provide a tally and summary of issues the annual Performance Review Report.

20. A description of fences, location of access points, and how access is controlled.

21. Video Surveillance: At a minimum, permitted premises shall have a complete digital video surveillance system with a minimum camera resolution of 1080 pixel. The video surveillance system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.

• i. The video surveillance system shall be capable of supporting remote access by the permittee.

• ii. To the extent reasonably possible, all video surveillance cameras shall be installed in a manner that prevents intentional obstruction, tampering with, and/or disabling.

  • iii. Areas that shall be recorded on the video surveillance system include, but are not limited to, the following: The perimeter of the cannabis manufacturing facility; Areas where cannabis or cannabis products are weighed, packed, stored, quarantined, loaded and/or unloaded for transportation, prepared, or moved within the premises; Areas where cannabis is destroyed; Limited-access areas; Security rooms; Areas containing surveillance-system storage devices, in which case, at least one camera shall record the access points to such an area; and The interior and exterior of all

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entrances and exits to the cannabis manufacturing facility including all buildings where cannabis or cannabis products are weighed, packed, stored, quarantined, loaded and/or unloaded for transportation, prepared, or moved within the premises.

• iv.

The surveillance system shall operate continuously 24 hours per day and at a minimum of 30 frames per second during the period of time that cannabis operations are actively taking place.

• i. All exterior cameras shall be waterproof, I-66 minimum.

  • ii. All interior cameras shall be moisture proof.

• v i .

Cameras shall be color capable.

• v i . Video management software shall be capable of integrating cameras with door alarms.

• ix. Video recordings shall be digital.

• x. Thermal technology shall be use for perimeter fencing.

• xi. All cameras shall include motion sensors that activates the camera when motion is detected.

• x i . In areas with inadequate lighting for the cameras being used, sufficient lighting shall be provided to illuminate the camera’s field of vision.

• x i . All recording shall be located in secure rooms or areas of the premises in an access and environment-controlled environment which is separate from the room where the computer and monitoring equipment is located.

• xiv. All surveillance recordings shall be kept on the applicant's recording device or other approved location for a minimum of 30 days.

• xv. All video surveillance recordings are subject to inspection by the Department and shall be copied and sent, or otherwise provided, to the Department upon request.

• xvi. The video recordings shall display the current date and time of recorded events. Time is to be measured in accordance with the U.S. National Institute Standards and Technology standards. The displayed date and time shall not significantly obstruct the view of recorded images.

22. Fences: Loading areas including backing and maneuvering area shall be enclosed by a fence. The fence shall be a minimum of 6 feet and a

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maximum of 8 feet high and shall include, at a minimum, the following: Posts set into the ground. The posts may be steel tubing, timber or concrete and may be driven into the ground or set in concrete. End, corner or gate posts, commonly referred to as "terminal posts", must be set in concrete footing or otherwise anchored to prevent leaning under the tension of a stretched fence. Posts set between the terminal posts shall be set at intervals not to exceed 10 feet. A top horizontal rail is required between all posts. The fence shall be attached to the posts and top horizontal rail.

• i. No barbed wire, razor wire or similar design shall be used.

• ii. The vehicle access gate shall remain closed and locked at all time except when a vehicle is entering or exiting.

• iii. A pedestrian gate may be included provided that such a gate is secured to prevent unauthorized access.

23. Operating Hours: Deliveries and pick-ups are restricted as follows: Monday through Saturday: 9:00 a.m. - 7:00 p.m. Sunday: 12:00 p.m. - 5:00 p.m.

24. Protection of Minors: No permittee shall: Sell, transfer or give cannabis or cannabis products to persons under 21 years of age. Allow any person under 21 years of age on its premises or, where a cannabis manufacturing permit is associated with a cannabis manufacturing site, within cannabis manufacturing building or the fenced area around a processor facility. Employ or retain persons under 21 years of age.

25. No cannabis manufacturing shall be located within 1,000 feet of the following that is in existence at the time the permit is issued: Any public or private school, grades K through 12; a developed public park containing playground equipment; a drug or alcohol rehabilitation facility; or a licensed child care or daycare facility or nursery school, church or youth- oriented facility catering to or providing services primarily intended for minors.

• i. The distance specified in this section shall be the horizontal distance measured in a straight line from the parcel where the manufacturing facility is located to the parcel where a public or private school, grades K through 12; a developed public park containing playground equipment; a drug or alcohol rehabilitation facility; or a licensed child care or daycare facility or nursery school, church or youthoriented facility catering to or providing services primarily intended for minor is located.

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26. Permitting Process: The applicant shall schedule and pay the fee for a preapplication conference with the Department prior to the submittal of an application for a use permit. Questions regarding a specific application will only be addressed at a pre-application conference. No later than two weeks prior to the pre-application conference, the applicant shall provide the department:

• i. A map showing the lot of record showing where the cannabis manufacturing site is located and the Assessor’s Parcel Number (APN) for the lot of record.

• ii. A diagram of the proposed cannabis manufacturing facility and the site where it is located including existing access, parking, and existing structures, if any.

• iii. Questions the applicant may have regarding the application form or process.

  • iv. A statement as to which State license the applicant intends to submit an application.

27. At the pre-application conference the Department will provide:

• i. A determination of the legal lot of record status or request additional information to make such determination. The lot of record where the cannabis manufacturing site is located is required to be a legal lot of record.

• ii. A determination of current compliance of the site with the Lake County Code. Compliance with the Lake County Code is required to submit a minor or major use permit application.

• iii. A response to the questions submitted with the pre-application conference application.

• iv. An outline of the information required for the minor or major use permit application.

28. Permit application supplemental information: The minor or major use permit use permit application, in addition to the requirements of Article 55, shall include the following additional information:

• i. The legal business name of the applicant entity;

• ii. A list of all the types, including the license numbers of valid licenses, from the department and other cannabis licensing authorities that the applicant already holds or has applied for;

• iii. The physical address of the premises;

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• iv. The mailing address of the applicant;

• v. A designated responsible party, who shall also be an owner, with legal authority to bind the applicant entity, and the primary contact for the application. The following information shall be provided for the designated responsible party: full legal name, title, mailing address, primary contact phone number, email address, and a copy of the owner’s government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal government, including, but not limited to, a driver’s license or passport, that contains the name, date of birth, physical description, and picture of the individual;

• vi. An individual or entity serving as agent for service of process for the applicant. If applicable. The following information shall be provided for the agent for service of process: full legal name, mailing address, primary contact phone number, and email address;

• v i . A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: Full legal name; Title within the applicant entity; Home address; Primary phone number; Email address; Date ownership interest in the applicant entity was acquired; Percentage of the ownership interest held in the applicant entity by the owner; A list of all the valid licenses, including license type(s) and license number(s), from the department and other cannabis licensing authorities that the owner is listed as either an owner or financial interest holder;

s; Primary phone number; Email address; Date ownership interest in the applicant entity was acquired; Percentage of the ownership interest held in the applicant entity by the owner; A list of all the valid licenses, including license type(s) and license number(s), from the department and other cannabis licensing authorities that the owner is listed as either an owner or financial interest holder;

• v i . A copy of their government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the person, such as a driver’s license or passport;

• ix. For applicants that are a cannabis cooperative as defined by Division 10, Chapter 22 (commencing with section 26220) of the Business and Professions Code, identification of all members;

• x. Evidence that the applicant entity has the legal right to occupy and use the proposed location;

• xi. Project description: The project description shall provide adequate information to evaluate the impacts of the proposed project and

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consists of three parts: a site plan, a written description section, and a property management section;

• x i . Written Description: A written section which shall support the graphic representations and shall, at a minimum, include: A project description; The present zoning; A list and description of all uses shown on the site plan; A development schedule indicating the approximate date when construction of the project can be expected to begin and be completed for each phase of the project; including the permit phase; A statement of the applicant’s proposal for solid waste disposal. Quantitative data for the development including but not limited to: Gross and net acreage; the approximate dimensions and location of structures for each district or area; employee statistics; support services required; traffic generation data based on anticipated uses; parking and loading requirements; and outdoor storage requirements based on anticipated uses;

• x i . An Operations Manual describing the operating procedures of the cannabis testing laboratory site to ensure compliance with the use permit, protect the public health, safety and welfare, as well as the natural environment of Lake County. This sub-section shall include: Authorization for the County, its agents, and employees, to seek verification of the information contained within minor use permit applications, the Operations Manual, and the Operating Standards at any time before or after use permits are issued; A description of the staff screening processes; The hours and days of the week when the facility will be open; Description of measures taken to minimize or offset the carbon footprint from operational activities; and Description of chemicals stored, used and any effluent discharged as a result of operational activities. Any other information as may be requested by the Director and/or by the Planning Commission.

29. Duration of Permits: not to exceed ten (10) years.

30. Weights and Measures: All permittees shall comply with the State of California Weights and Measures requirements found in the California Food and Agriculture Code, California Code of Regulations, and the California Business and Professions Code.

31. Prohibited Activities:

• i. Odor: Cannabis related permits shall not propagate objectionable odors which cause injury, detriment, nuisance, or annoyance to any

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considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public.

• ii. Electrical Generators: Manufactures shall not rely on a personal gasoline, diesel, propane, or similar fuels, powered generator as a primary source of power and shall only allow properly permitted (when applicable) generators for temporary use in the event of a power outage or emergency that is beyond the permittee’s control.

• iii. Lights: Security lighting shall be motion activated and all outdoor lighting shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the lot of record upon which they are placed.

32. Compliance monitoring: A compliance monitoring inspection of the cannabis manufacturing facility shall be conducted at least annually. The permittee shall pay a compliance monitoring fee established by resolution of the Board of Supervisors prior to the inspection. If there are no violations of the County permit or state license during the first five years, the inspection frequency may be reduced by the Director to not less than once every five years.

33. Annual Reports: Performance Review

• i. All cannabis permittees shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Director at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved minor use permit, Property Management Plan, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific Performance Review Report that could potentially lead to revocation of the associated minor use permit, the Planning Commission may require the submittal of more frequent “Performance Review Reports.”

• ii. Pursuant to sub-section 6. i. above, the premises shall be inspected by the Department on an annual basis, or less frequently if approved by the Director. A copy of the results from this

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inspection shall be given to the permittee for inclusion in their “Performance Review Report” to the Department.

• iii. Compliance monitoring fees pursuant to the County’s adopted master fee schedule shall be paid by permittee and accompany the “Performance Review Report” for costs associated the review of the report by County staff.

• iv. Non-compliance by permittee in allowing the inspection by the Department, or refusal to pay the required fees, or noncompliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the development permit or use permit and subject the holder of the permit(s) to the penalties outlined in this Code.

34. Renewals: The following is required for permit renewal:

• i. An application for renewal shall be submitted to the Department at least 180 days prior to the expiration date of the permit. Failure to submit an application for renewal by that date may result in the expiration of the permit.

• ii. Applications: Applicants shall complete an application form as prescribed by the Director and pay all fees as established by resolution by the Board of Supervisors.

• iii. The following documentation in electronic format is required for application for renewal: A copy of all licenses, permits, and conditions of such licenses or permits related to the project from state agencies as appropriate. A copy of all reports provided the County and State agencies as determined by the Director. A list of all employees on the premise during the past year and a copy of the background checks certification for each. Documentation that the applicant is still qualified to be an applicant. Any proposed changes to the use permit or how the site will be operated. Payment of all fees as established by resolution by the Board of Supervisors.

iv. The permit may be renewed if: Where there are no changes to the use permit or how the site will be operated: The original permit’s approval findings, conditions, or environmental certification are still valid. There are no violations of the permit conditions or of state licenses or permits. The applicant is qualified to apply for such a permit.

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• v. Where there are changes to the development or use permit or how the site will be operated: Such changes do not change the findings of the original permit’s approval findings, conditions, or environmental certification. There are no violations of the permit conditions or of state licenses or permits. The applicant is qualified to apply for such a permit.

- (av) Type 6 Non Volatile Cannabis Manufacturing License: (Ord. No. 3079, 12/11/2018)

1. Shall meet all the Conditions of Section 27.3 (au).

2. The facility shall maintain a thirty (30) foot setback from all property lines.

3. The parcel where the cannabis manufacturing facility is located shall front and have direct access to a paved State or County maintained road.

4. The cannabis manufacturing shall be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and wastewater discharges. The manufacturing operation and facility shall be approved by the Lake County Building official and by the Chief of the Fire District where the manufacturing facility is located.

5. All manufacturing of cannabis products shall occur in an enclosed locked structure.

6. Cannabis manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the minor or major use permit.

7. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in the 2016 California Fire Code (CFC) Section 202, are to be used in the processing of cannabis, then the provisions of CFC shall be applicable where hazardous materials subject to permits under CFC Chapter 50 (Hazardous Materials) are located on the premises or where required by the local fire district official or County Building official.

8. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems, compressed gases classified as hazardous materials, and the prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall comply with California Fire Code and California Building Code. Partially full

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compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required.

9. Cannabis Non-Volatile manufacturing sites are considered a Group F- 1 (Factory Industrial Moderate-Hazard) Occupancy under the California Building and Fire Codes. All new construction is required to be fire sprinkled per the California Building and Fire Codes. For cannabis manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F- 1 occupancy where one of the following conditions exists:

   • i. A Group F- 1 fire area exceeds twelve thousand square feet.

   • ii. A Group F- 1 fire area is located more than three stories above grade plane.

   • iii. The combined area of all Group F- 1 fire areas on all floors, including any mezzanines, exceeds twenty- four thousand square feet.

10. All facilities using Carbon Dioxide for manufacturing purposes shall comply with the same standards as required for Type 7 Plant Extraction License.

11. In the “APZ,” “A,” “TPZ,” “RL,” and “RR” zoning districts Type 6 licenses are an accessory use to an active commercial cultivation site with a valid minor or major use cannabis cultivation permit. The cannabis manufacturing activities are limited to the compounding, blending, extraction, infusion or otherwise making or preparing a cannabis product from the cannabis cultivation under that cannabis cultivation use permit. The cannabis manufacturing shall occur on the same parcel where the cannabis cultivation is permitted. (Ord. No. 3084, 05/21/2019)

(aw) Type 7 Volatile Cannabis Manufacturing License: (Ord. No. 3079, 12/11/2018)

1. Shall meet all the Conditions of Section 27.3 (au).

2. The facility shall maintain a fifty (50) foot setback from all property lines and a 150 foot setback from all off-site residences.

3. Manufacturing shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.

4. Manufacturing shall comply with the Department of Public Health minimum standards concerning such methods and procedures.

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5. The extraction operation shall be approved by the Lake County Building official.

6. The extraction operation shall be approved by the Chief of the Fire District where the manufacturing facility is located.

7. Manufacturing and extraction shall comply with Chapter 38 of the California Fire Code and the following:

   • i. Extraction Room: For other than CO2 and nonhazardous extraction processes, the cannabis extraction equipment and process shall be located in a room of fire-rated or noncombustible construction dedicated to the extraction process and the room shall not be used for any other purpose.

   • ii. Means of Egress: For extraction rooms using hazardous materials, each room shall be provided with at least one exit door complying with the following: The door shall swing in the direction of egress travel, the door shall be provided with a self-closing or automatic closing device and the door shall be equipped with panic or fire exit hardware.

   • iii. Staffing: For other than approved, unattended processes, the extraction process shall be continuously staffed. Staff monitoring the extraction process shall be trained in the following:

     • aa) The extraction process

     • bb) The transfer of solvents, where applicable

     • cc) All emergency procedures

All staff training records shall be maintained on-site and made available to the Community Development Department or local Fire Department upon request.

• iv. Operator Training: The operator of the cannabis extraction equipment shall also receive training in the safe operation of the equipment. Documentation of required training shall be maintained on-site and made available to the Community Development Department or local Fire Department upon request.

• v. Signage: All applicable Material Safety Data Sheets (MSDS) shall be posted in the extraction room. Applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment.

• vi. Equipment: Where an explosion conditions exists, heating equipment such as vacuum ovens, heating mantels, heat guns or

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other such equipment shall not be used to heat flammable or combustible liquids or oils containing liquefied petroleum gasses. Refrigerators, freezers, and other cooling equipment used to store or cool flammable liquids shall be listed for the storage of flammable/combustible liquids or be listed for Class 1, Division 1 locations as described in Article 501 of the California Electrical Code.

• vii. Change of Extraction Medium: Where the medium of extraction or solvent is changed from the material in the required technical report or as required by the manufacturer, the technical report shall be revised at the cost of the facility operator/owner and submitted for review and approval to the Building and Fire officials prior to the use of the equipment with the new medium or solvent.

• viii. Liquefied Petroleum Gas (LPG) Extraction: LPG tanks shall comply with NFPA 58:

  • aa) Exhaust: An approved exhaust system shall be provided for LPG extraction. The exhaust systems shall be installed and maintained in accordance with the California Mechanical Code. All LPG extraction operations, including processes for off-gassing spent plant material and oil retrieval, shall be conducted within a chemical fume hood or enclosure in compliance with the California Mechanical Code.

  • bb) Electrical: All conductive equipment and conductive objects within the exhaust room shall be bonded and grounded with a resistance of less than 1.0 x 10[6] ohms in accordance with the California Electrical Code. The area within the hood or enclosure used for LPG extractions shall be classified as a Class 1, Division 1 hazardous location in accordance with the California Electrical Code. All electrical components within the extraction room shall be interlocked with the hazardous exhaust system such that the room lighting and other extraction room electrical equipment will only operate when the exhaust system is in operation. An automatic emergency power system shall be provided for the following items, when installed:

    1. Extraction room lighting

    2. Extraction room ventilation system

    3. Solvent gas detection system

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• cc) Extraction Room Gas Detection System: An approved continuous gas detection system shall be provided. The gas detection system shall alert the extraction operator in an approved manner at a gas detection threshold no greater than 25 percent of the gas LEI/LFL. Gas detection systems shall be provided with constant non-interlocked power.

• dd) Storage: LPG containers not in use shall not be stored within extraction rooms.

• ee) Facility Piping Systems: LPG liquid piping systems shall be in compliance with NFPA 58.

• ix. Flammable and Combustible Liquid Extraction

  • aa) Exhaust:

    1. Extraction and post oil processing operations, including dispensing of flammable liquids between containers, shall be performed in one of the following locations:

    2. A chemical fume hood in accordance with Chapter 7 of NFPA 45 (Standard on Fire Protection for Laboratories using Chemicals)

    3. An approved exhaust system installed in accordance with the California Mechanical Code

Unheated processes at atmospheric pressure using less than 16 oz of flammable liquids shall not be required to comply with this section (Exhaust).

• bb) Classified electrical systems shall be in accordance with the California Electrical Code.

All electrical components within the chemical fume hood or exhausted enclosure shall be interlocked such that the exhaust system must be in operation for lighting and components to be used.

• cc) Storage and Handling: The storage use and handling of flammable liquids shall be in compliance with this ordinance and Chapter 57 of the California Fire Code.

• dd) Heating of flammable or combustible liquids over an open flame shall be prohibited.

• x.

Carbon Dioxide Extraction:

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• aa) Storage and Handling: Location of CO2 gas storage container, cylinders and tanks inside or outside the building, shall be at an approved location. All CO2 compressed gas cylinders shall be secured to a fixed object to prevent falling.

• bb) Piping systems: Piping, tubing and hose materials shall be compatible with carbon dioxide and rated for the temperatures and pressures encountered in the system. PVC/ABS and other types of rigid plastic piping are not approved materials. Acceptable piping for CO2 shall be the following:

  1. Stainless steel A269 grade, which is either seamless or welded drawn over mandrel

  2. Copper K grade, hard drawn seamless

  3. Copper ACR grade (1/2” OD or less) annealed seamless

  4. Plastic/polymer materials rated for use with CO2

  5. Additional approved piping, tubing and hoses approved by the California Plumbing Code or Compressed Gas Association (CGA)

• cc) Fittings, joints and connection: Fittings and joints supply piping or tubing between the CO2 supply source and the automatic system shutoff shall be threaded, compression or welded. Unused piping or tubing connected to the supply system shall be capped or plugged. A closed valve will not be allowed in lieu of a cap or plug.

• dd) Valves: Pressure relief valves shall be provided and piped to the outdoors. An automatic system shutoff valve shall be provided as near to the supply pressure regulator as possible and shall be designed to fail to a closed condition or close on loss of electrical power. Each appliance shall be provided with a shutoff valve within 3 feet of the appliance. All shutoff valves shall be capable of being locked or tagged in the closed position for servicing. Valves and controls shall be readily accessible at all times. Normal and emergency system shutoff valves shall be clearly identified. All valves shall be designed or marked to clearly indicate

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whether it is open or closed. Venting of gases shall be directed to an approved location outside the building.

     - ee) _CO2 Gas Detection:_ An approved, listed, permanently marked CO2 detector shall be installed in the CO2 extraction room. Detector shall installed at a height of 48” or less above the floor. Auto calibrating and self-zeroing devices or detectors shall be prohibited. The detector shall be set to alarm at 5000ppm of CO2. Activation of the emergency alarm system shall initiate amber strobes and audible horns. Warning signs will be required in each storage area room and extraction room as follows: 

        1. Storage area/room “ **DO NOT ENTER WHEN LIGHT IS FLASHING- CARBON DIOXIDE LEAK DETECTED”**

2. Extraction room: “FLASHING LIGHT MEANS CARBON DIOXIDE LEAK DETECTEDEVACUATE ROOM”

     - ff) Warning signs shall be posted at entrance doors to extraction room(s) and storage areas the read “DANGER- Potential Oxygen Deficient Atmosphere.” Warning signs shall be in both English and Spanish.
   

• (ax) Type 11 Cannabis Distributor License: (Ord. No. 3079, 12/11/2018)

  1. Shall meet all the Conditions of Section 27.3 (au).

  2. Uses Permitted:

     • i. The procurement, sale, and transport of cannabis and cannabis goods between licensees.

     • ii. Cannabis goods storage-only services to a licensed cultivator, manufacturer, microbusiness, nonprofit, or another cannabis distributor.

     • iii. The storage of cannabis batches on their premises during testing.

     • iv. Packaging, re-packaging, labeling, and re-labeling cannabis goods for retail sale.

     • v. Transporting cannabis or cannabis goods between licensees.

     • vi. Accessory uses related to the procurement, sale, transport, storage, labeling, and packaging of cannabis and cannabis products between licensees.

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  - vii. Accessory uses related to the procurement, sale, and transport of cannabis and cannabis goods between licensees. 

3. Use Standards:

   • i. The parcel where the cannabis distribution facility is located shall front and have direct access to a paved State or County maintained road.

   • ii. All non-transport related distribution activities shall occur within a locked structure.

• (ay) Type 13 Cannabis Distributer Transport Only License: (Ord. No. 3079, 12/11/2018)

  1. Shall meet all the Conditions of Section 27.3 (au).

  2. Uses Permitted:

     • i. The transport of cannabis goods between licensees.

     • ii. Accessory uses related to the transport of cannabis goods between licensees.

  3. Use Standards:

     • i. The parcel where the cannabis distribution facility is located shall front and have direct access to a paved State or County maintained road.

     • ii. All non-transport related distribution activities shall occur within a locked structure.

(az) Type 13 Cannabis Distributor Transport Only, Self-distribution Licenses: (Ord. No. 3079, 12/11/2018)

1. Shall meet all the Conditions of Section 27.3 (au), except for Condition 3.

2. In the “APZ”, “A”, “TPZ”, “RL”, “RR”, “SR” and “PDC” zoning districts the Type 13 Distributor Transport Only, Self-distribution State licenses are an accessory use to an active cannabis cultivation or cannabis manufacturing license site with a valid minor or major use permit.

3. The parcel where the distributor transport only, self-distribution is located shall front and have direct access to a State or County maintained road or an access easement to such a road.

4. The permittee shall not transport any cannabis product that was not cultivated or manufactured by the permittee.

5. All non-transport related distribution activities shall occur within a locked structure.

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(aaa) Cannabis Processor License: (Ord. No. 3079, 12/11/2018)

1. Shall meet all the Conditions of Section 27.3 (au).

2. The facility shall maintain a seventy-five (75) foot setback from all property lines and a 150 foot setback from all off-site residences.

3. Uses Permitted:

   • i. Processing (trimming, drying, curing, grading, packaging, or labeling) of cannabis

   • ii. Packaging and labeling cannabis products

   • iii. Composting cannabis waste

   • iv. Cannabis waste management

   • v. Storage of harvested cannabis

   • vi. Accessory uses relate to the processing, packaging, labeling, composting, or storage of cannabis.

4. Processor Development Standards:

   • i. The parcel where the processor activity is located shall front and have direct access to a paved State or County maintained road.

   • ii. All processor activities shall occur within an enclosed building.

   • iii. All aggregation of product shall adhere to track-and-trace requirements of the California Code of Regulations.

   • iv. Permittee may produce non-manufactured cannabis products without a cannabis manufacturing license, provided compliance with packaging and labeling requirements California Code of Regulations.

   • v. The growing of cannabis plants is prohibited at a licensed processor premises.

   • vi. The building where the processor activities are conducted shall be equipped with filtrations systems that prevents the movement of odors, pesticides, and other air borne contaminates out of or into the structure.

5. Additional security measures shall be taken at all Processor State licenses sites:

   • i. The processor facility including all employee parking, internal circulation, loading areas, and similar facilities shall have a perimeter fence around the entire facility.

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• ii. The fence shall be a minimum of 6 feet and a maximum of 8 feet high and shall include, at a minimum, the following:

• iii. Posts set into the ground. The posts may be steel tubing, timber or concrete and may be driven into the ground or set in concrete.

• iv. End, corner or gate posts, commonly referred to as "terminal posts", must be set in concrete footing or otherwise anchored to prevent leaning under the tension of a stretched fence.

• v. Posts set between the terminal posts shall be set at intervals not to exceed 10 feet. A top horizontal rail is required between all posts.

• vi. The fence shall be attached to the posts and top horizontal rail.

• vii. No barbed wire, razor wire or similar design shall be used.

• viii. The vehicle access gate shall remain closed and locked at all time except when a vehicle is entering or exiting.

• ix. A pedestrian gate may be included provided that such a gate is secured to prevent unauthorized access.

6. Project description: For a Cannabis Processor License:

   • i. Locate designated processing area(s);

   • ii. Locate designated packaging area(s), if the licensee will package and label products on site;

   • iii. Locate designated composting area(s) if the licensee will compost cannabis waste on site;

   • iv. Locate designated secured area(s) for cannabis waste if different than subsection (c) above;

   • v. Locate designated area(s) for harvested cannabis storage; and

• vi. Location of office and other accessory use areas.

(aab) Type 8 Cannabis Testing Laboratory: (Ord. No. 3079, 12/11/2018)

1. Shall meet all the Conditions of Section 27.3 (au).

2. Uses Permitted:

   • i. Testing of cannabis and cannabis products. Cannabis testing laboratory licensees shall have their facilities or devices licensed according to regulations set forth by the Department of Public Health.

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• ii. Businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal use of cannabis products at which no commercial cannabis cultivation, distribution, manufacture, dispensing, or sale of medicinal cannabis.

• i i . Business offices related to cannabis at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs.

• iv. Accessory uses related to the testing of cannabis and cannabis products.

3. Accreditation

   • i. Cannabis testing laboratory facilities shall adopt standard operating procedures using methods consistent with general requirements for the competence of testing and calibration activities, including sampling, using standard methods established by the International Organization for Standardization that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement or comparable registration/certification acceptable to the County that is recognized by the State.

   • ii. The testing laboratory shall notify the Department within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked.

4. Use Standards:

   • i. All testing of cannabis products shall occur in an enclosed locked structure.

   • ii. The parcel where the cannabis testing laboratory facility is located shall front and have direct access to a paved State or County maintained road.

   • ii. Cannabis testing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the minor use permit.

   • iv. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits

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under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the appropriate fire district official.

• v. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems, compressed gases classified as hazardous materials, and the prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall comply with California Fire Code and California Building Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required.

(aac) Microbusiness: (Ord. No. 3084, 05/21/2019, Ord.No.3092, 5/12/20))

1. May act in part or whole as a Distributor, Type 6 Non- Volatile Cannabis Manufacturer, retailer, and cultivator, on an area less than 10,000 square feet. An applicant for a microbusiness must have a Type 1 and or 2 Commercial Cannabis Cultivation License and at least two (2) or more of the following Licenses:

   • i. Type 13 Cannabis Distributor Transport Only, Self-Distribution License

   • ii. Type 6 Non-Volatile Cannabis Manufacturing License

   • iii. Type 10 and 10A Dispensary License

     • a. Type 10 and 10A Dispensary Licenses are not allowed as part of a microbusiness unless it is applied for in coordination with a resort application and only accessible by its guests, not the general public.

(aad) Agricultural Employee Housing: (Ord. No. 3158, 2/3/2026).

1. Housing consisting of six (6) to twelve (12) dwelling units, or up to thirtysix (36) beds, designed for and occupied by agricultural employees and their families, provided as an accessory use to an agricultural operation. Such housing may include common facilities for living, cooking, and sanitation, and is intended for year-round or seasonal occupancy :

   • (a) Purpose. To provide safe, adequate, and well-maintained housing for agricultural employees and their families, as an accessory use to agricultural operations, in zones where agriculture is a permitted use.

   • (b) Scale and Occupancy. Agricultural employee housing shall consist of six (6) to twelve (12) dwelling units, or up to thirty-six (36) beds, whichever is greater, and shall be occupied by agricultural employees and their families employed principally on the

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agricultural land on which the housing is located.

• (c) Accessory Use. The housing shall be clearly incidental and accessory to the primary agricultural use of the property.

• (d) Development Standards. Agricultural employee housing and any accessory structures shall comply with the development standards of the base zoning district, including lot size, setbacks, and height limits, and the performance standards of Article 41.

• (e) Parking Requirements. Onsite parking shall be provided at a ratio of one (1) parking space for every two (2) beds, with a minimum of six (6) spaces for the overall facility.

• (f) Notice of Farming Practices. Where agricultural employee housing is to be located on property within this district, prior to issuance of a zoning clearance, the owner(s) of the property shall be required to sign a statement of acknowledgment of the notice of farming practices as set forth in Section 4.18.

• (g) Compliance with State Regulations. Agricultural employee housing shall comply with all applicable state laws and regulations governing such housing, including but not limited to those pertaining to health, safety, and habitability. (Ord. No. 3158, 2/3/2026)

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