Modoc County Municipal Code Ch. 18.100 Special Uses

When any zone permits any use in this section, the applicable limitations and criteria shall apply. Certain uses, which are an integral part of the county's economy and lifestyle, must be located at the site of a particular resource. Other uses depend on varying geographic and locational requirements and must be reviewed on a case-by-case basis. Yet, other uses are specified as accompanying uses to common uses.

A. Forest management. In any zone that allows agricultural operations or farm forestry, forest management activities as described in the California Forest Practices Act are permitted, provided that the regulations of the Forest Practices Act and all other applicable laws are met and there are no conflicts with the general plan or any applicable specific plan.

B. Fish and wildlife enhancement projects. Fish and wildlife enhancement projects approved by the California Department of Fish and Game are permitted in any zone, provided they are compatible with the purpose of the zone in the specific location, and there are no conflicts with the general plan or any applicable specific plan.

C. Public utilities. Except as otherwise specified, public utility transmission lines and distribution poles and lines, whether above-ground or under-ground, are permitted uses in any zone.

D. Uses permitted with one-family dwelling. In any zone that allows a one-family dwelling as a permitted use, the following accessory buildings or uses are also permitted, unless otherwise specified by a particular zone. No building or structure permitted by this section shall encroach into any yard required by the zone in which the building is located.

1. Small and large family day care homes: The use of the principal dwelling as a small and/or large family day care home provided any advertising is limited to one nameplate not than six inches by twelve inches attached on and flush with the dwelling.

2. Boarding: In addition to the habitation of the principal dwelling by one family, a portion of the bedrooms or living area may be rented or let to boarders, provided:

a. There is one, and only one, dwelling on the lot, or if there exists an accessory dwelling or guest house then the principal dwelling may not be used for the purposes in this section when the accessory dwelling or guest house is also occupied. Each bedroom in a guest house may substitute for one guest room.

b. Quarters for boarders shall be limited to no more than two guest rooms with no more than two persons per guest room.

c. Parking shall be provided as specified in [section] 18.110.040.

3. Limited home occupation: One limited home occupation may be established accessory to a dwelling unit on the same lot, provided the following criteria are met:

a. The home occupation shall be conducted within the dwelling or accessory building and no outdoor storage or activity shall take place.

b. No persons other than the inhabitants of the principal dwelling located on the same lot shall be employed in the home occupation.

c. No advertising shall occur on or near the premises, except that one nameplate which does not exceed twelve inches by six inches containing the name and/or occupation may attach on and flush with the dwelling or accessory building.

d. The appearance of the dwelling unit or accessory building shall not be altered, nor shall the occupation within the dwelling unit or accessory building be conducted in a manner which would cause the premises to differ from the surrounding residential character by use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, vibrations or the items set forth in subsection 5.e. of this section.

e. No equipment or process shall be used in the home occupation which creates noise in excess of fifty-five decibels measured at the lot line (measured with a sound meter using the A-weighted scale and the "slow" response according to the manufacturer's instructions), vibration, glare, fumes, odors, dust, or electrical interference detectable to the normal senses at the boundary of the premises, or fire hazard.

f. Except for articles produced on the premises, stock-in-trade which may be sold shall be clearly incidental to principal purpose of the home occupation and no display of products shall be visible from outside the dwelling unit or accessory building.

g. The home occupation shall not cause an increase in the use of any utility (such as water, sewage disposal, electricity or garbage), such that the combined total for the residential use and home occupation exceeds the average for similar residential use in the neighborhood or similar type of area.

h. When the home occupation includes the conduct of group classes or other group activities, such activities shall be limited to two times per week, and not more than five customers, clients, or pupils shall come to the premises during the same time period. When such activity is conducted one or fewer times per week, not more than ten customers, pupils, or clients shall come to the premises during the same time period. For the purposes of this section, "group" means two or more persons which come to the premises during the same time period for a specified or scheduled activity.

i. When the home occupation involves customers, clients, or pupils coming to the premises, other than the conduct of group classes or other group activities, not more than eight customers, clients, or pupils shall come, or be scheduled to come, to the premises for service or products in any one day, and the schedule shall be staggered over the course of the day.

j. The use of a dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. Not more than twenty-five percent of the gross floor area of the dwelling shall be used for the home occupation.

k. No vehicular traffic may be generated in connection with the home occupation between the hours of 10:00 p.m. and 8:00 a.m.

E. Low barrier navigation center. In accordance with California Government Code section 65662, this use is considered to be a use allowed by right agricultural exclusive (AE), same as permitted for emergency shelters in accordance with section 18.110.090, and in all other zones that allow multiple-family, including residential-high density (RH) zone specified requirements provided for in section 18.110.090.

F. Housing developments. Housing developments are subject to compliance with California Government Code sections 65940 through 65950 regarding the review process for residential developments. The county's site plan review procedure outlines the requirements for the ministerial review and approval of housing development ([chapter] 18.120).

1. If the project constitutes an affordable housing development, it shall not be subject to discretionary review, including environmental review. Otherwise, the project shall be processed in accordance with the Housing Accountability Act of 2019 as amended, California Government Code section 65940 (until the Act's expiration).

2. If the project is considered a "streamline housing development project, the project shall be subject to the submittal of a complete application as required by California Government Code section 65913.4. Also, the project shall be consistent with section 18.110.080 (Multiple family housing design), as applicable, in accordance with California Government Code section 66300(b)(1)(C) any design standards for housing development shall be limited to objective criteria that involves no personal or subjective judgment.

3. The planning director shall maintain a required checklist of information for submittal for a complete application in accordance with California Government Code section 65940, this list shall be limited to only those items noted by law as being required.

4. In accordance with California Government Code section 65905.5 the county may not conduct more than five public hearings on a housing development project if the project complies with objective general plan and zoning standards in effect at the time the application is deemed complete. Public hearings include workshops and reviews by the planning commission and/or board of supervisors. They don't include legislative hearings to address general or specific plan or zoning amendments that may be needed to accommodate the project.

G. No net loss of lower income housing units. In accordance with California Government Code section 65915(c)(3)) the county shall require replacement housing units on sites identified in the site inventory of the general plan housing element (generally as a condition of project approval).

H. Family day care. In accordance with California Health and Safety Code section 1596.792, small and large family day care homes are allowed by right in all zones where residential is allowed.

I. Manufactured housing. Manufactured housing shall be allowed in all zones where single-family residential houses are allowed subject to the same development standards for conventional single-family residential dwellings limited to roof overhang, roofing and siding material restrictions (refer to residential development standards in the base zone district and section 18.100.050).

J. Uses similar to uses permitted. In any zone, a use not listed as a use permitted in the subject zone may be allowed by right upon the presentation of substantial evidence and a written finding by the planning director that the use is compatible with the purpose of the zone and is similar in character and impact to specified uses permitted in the subject zone.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-150, 10-26-2021; Ord. No. 236-149, § 11, 7-28-2021; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

When any zone permits any use in this section, subject to obtaining an administrative permit, the applicable limitations and criteria shall apply. Administrative permit applications shall comply with the requirements in chapter 18.124. The applicant shall provide information required to determine conformance with the criteria in this section applicable to the proposed use.

A. Assemblage of people. When assemblage of people is permitted subject to obtaining an administrative permit the following shall apply. The planning director shall transmit a copy of the application to applicable county departments such as roads, sheriff, and emergency services and any other agency which may be affected. The administrative permit shall not be approved unless the promoter takes measures to assure that adequate ingress and egress is provided to avoid traffic congestion and provide access by emergency vehicles, and that adequate controls or measures will be taken to prevent offensive noise, light, or other effects adverse to the subject property or its surroundings.

B. Second dwelling—AG, LI, RT, RR, RH, or RL zone. One second-dwelling may be allowed in addition to one one-family dwelling provided the criteria in this subsection are met. When the criteria are not met, one second dwelling may be allowed subject to obtaining a use permit, as provided in section 18.100.030. The purpose of providing for second dwellings is to encourage the efficient use of residential zones and to provide housing opportunities for low- and moderate-income and other disadvantaged persons as well as providing equal opportunity for all persons, while protecting the character, property values, health, safety, and services of the surrounding area and its residents.

1. The particular location in which the second dwelling is proposed to be sited is not within the EP or MP zone.

2. The size of the subject lot is two times the minimum lot size required by the subject zone. When the lot is contiguous to the AG zone the lot size shall be a minimum of thirty acres, except when the lot is between fifteen and thirty acres a second dwelling may be allowed, provided that prior to granting an administrative permit the owner shall execute and cause to be recorded in the office of the county recorder a restriction binding on the owners, their heirs, successors, and assigns, stating that the second dwelling is accessory to the principal dwelling and shall not be divided separate from the principal dwelling. For the purpose of this section "contiguous" includes land separated by roads or rights-of-way.

3. A second dwelling shall not be allowed if there exists a guest house or other dwelling on the lot, in addition to the principal dwelling.

4. The principal dwelling and second dwelling shall each have separate onsite sewage disposal systems or public sewage service connections.

5. The principal and second same domestic water supply when all provided there is adequate area for the separate water supply systems.

6. Each dwelling, together with its improvements, is situated in such a way as to create two building sites that each meet the minimum requirements of the zone in which the lot is dwellings may use the requirements are met, future establishment of located.

7. All requirements of this title and all applicable laws are met for both dwellings.

C. Guest house. One guest house may be allowed in addition to one one-family dwelling or one two-family dwelling, provided the criteria in this subsection are met. When the criteria are not met, one guest house may be allowed subject obtaining to a use permit, as provided in section 18.100.030.

1. The guest house must be less than three hundred two square feet, without cooking or kitchen facilities, and conform to the definition of guest house.

2. The minimum lot size required by the subject zone and all other requirements of this title and applicable laws are met.

3. A guest house shall not be allowed if there exists a second dwelling on the lot.

D. Farmworker housing—AE zone. When an administrative permit is required, farm employee housing may be allowed in addition to other permitted dwellings, provided the criteria in this subsection are met. When the criteria are not met, farm employee housing may be allowed subject to obtaining a use permit as provided in section 18.100.030.

1. Upon request of the planning director, the applicant shall present evidence justifying the need for each farm employee house, such as crop type, acreage, and number of dwellings used by farm employees. The planning director may consult with any persons deemed necessary in this matter.

2. Farmworker housing shall be located adjacent to the confined building site occupied by the principal dwelling but shall have a septic system separate from that of the principal dwelling, or if not clustered shall be limited to not more than one farmworker house per approximately eighty acres in the same agricultural operation.

3. All requirements of this title and all applicable laws are met for both dwellings.

4. Prior to granting an administrative permit the owner shall execute and cause to be recorded in the office of the county recorder, a restriction binding on the owners, their heirs, successors, and assigns, stating that the farm employee housing is deemed to be accessory to the agricultural operation and shall be retained with the agricultural operation if the property is subdivided.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

A. When any zone permits any use in this section subject to" obtaining a use permit, the applicable limitations and criteria shall apply. Use permit applications shall comply with the requirements in chapter 18.128. The applicant shall provide information required to determine conformance with the criteria in this section applicable to the proposed use. When any use or application for an administrative permit does not conform to the provisions in section 18.100.020 for the particular use, the use may be permitted subject to obtaining a use permit. In granting the use permit the planning commission shall impose the criteria required for the use under an administrative permit to the maximum extent feasible and practical.

B. Uses accessory to one-family dwelling when a use permit is required.

C. In any zone that allows a one-family dwelling subject to obtaining a use permit, the uses described in subsection D. of section 18.100.010 shall also be permitted, unless specific provisions are modified as a condition of the use permit.

D. Home occupation. One home occupation may be permitted as an accessory use to a dwelling, subject to obtaining a use permit. When the use conforms to the criteria for a limited home occupation in subsection D. of section 18.100.010, the use may be established without a use permit. Every home occupation shall strictly conform to the definition of a home occupation set forth in this title. The purpose of provisions for home occupations is to promote economic growth while protecting against adverse effects to neighborhood character, property values and public services, and to provide equal protection for persons locating in commercial or industrial zones.

E. Surface mining. This subsection shall apply to any zone which permits mining. Surface mining as defined in the Surface Mining and Reclamation Act of 1975 ("Act"), Public Resources Code section 2710 et seq., shall be subject to all the requirements of the act.

1. Surface mining permit and reclamation plan requirements of the Act shall be implemented through the use permit process. Use permit applications shall include a reclamation plan on a form prescribed by the planning director and any other information necessary to determine conformance with the Act. The California Division of Mines and Geology shall be notified of any application for surface mining operations, and shall be provided with a copy of every approved permit and reclamation plan.

2. Conditions of approval: In addition to any other condition of approval, a schedule of periodic inspections to evaluate continuing compliance with the permit and reclamation plan shall be established. The planning commission may require a lien, surety bond, or other security guarantee acceptable to the county, conditioned upon faithful execution of the reclamation plan, including administrative costs and the estimated cost of inspections by a qualified professional. Any surety may be revised as necessary to maintain an amount equal to the cost of completing the remaining reclamation as described in an approved or amended reclamation plan, required inspection costs, and administrative costs.

F. Uses similar to uses permitted with a use permit. In any zone, a use not listed as a use permitted with a use permit may be approved subject to obtaining a use permit, upon presentation of substantial evidence and a finding by the planning commission that the use is compatible with the purpose of the zone and is similar in character and impact to specified uses permitted with a use permit in the subject zone.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-146, 12-12-2017; Ord. 236-85, 1999; Ord. 236-73 Exh. A(part), 1991)

Notwithstanding any other provision of law, a mobilehome, manufactured home, or recreational vehicle may be temporarily placed on a lot for human habitation for a period not to exceed one year, in conjunction with the construction of a permanent dwelling on the same lot when the criteria in this section is met.

A. Prior to the installation of the mobilehome, manufactured home or use of the recreational vehicle, an administrative permit shall be obtained as provided in chapter 18.124, and all required permits shall be obtained from the building department. No permit shall not be issued until the applicant presents evidence that a building permit for a permanent dwelling on the same lot or parcel has been or will be issued by the building department, all health department requirements for potable water and sewage disposal have been met, and all other requirements are met.

B. The term of the administrative permit shall be one year. The permit shall be renewable annually for not more than one additional one-year term. Application for renewal shall be presented to the planning director prior to expiration of the administrative permit. The planning director shall verify that all requirements are met and that the building permit for the permanent dwelling has also been renewed.

C. When the permit expires or the use terminates prior to expiration, the mobilehome, manufactured home, or recreational vehicle shall cease to be used for human habitation and the mobilehome shall be removed from the property within thirty days after the date of expiration or termination.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, changed the title of § 18.100.040 from "Temporary use of mobilehome or recreational vehicle during construction of dwelling" to read as herein set out.

Due to the transportable nature of mobilehomes and manufactured homes and their impact on the community when not properly regulated, it is necessary to provide additional regulations and clarifications which apply to mobilehomes, in addition to any other requirement of law.

A. A mobilehome, or manufactured home, as defined in this title, shall be deemed to be a one-family dwelling, and shall be subject to the regulations for one-family dwellings set out in this title, except as otherwise specified.

B. No mobilehome or manufactured home shall be parked on a public street or highway for more than twenty-four hours, nor occupied or used for sleeping purposes while parked on a public street or highway.

C. No mobilehome or manufactured home may be stored on any lot. No mobilehome shall be placed on any lot, including a mobilehome park space, unless and until all requirements of this title are met, and until a mobilehome or manufactured home installation permit or other required permit is issued by the building department. Mobilehomes or manufactured homes located on a mobilehome and/or manufactured home sales lot for the purpose of sale or lease are exempt from the requirements of this subsection.

D. Temporary use during construction of a dwelling on the same lot, subject to obtaining an administrative permit as provided in section 18.100.040.

E. Use of a mobilehome or manufactured home as a temporary family care dwelling, as provided in section 18.100.020.

F. Mobilehomes or manufactured home located in mobilehome parks shall comply with all applicable requirements of this title and of law, and with all conditions placed on the issuance of a use permit.

G. Mobilehome and manufactured homes used as accessory building or for nonresidential use: As a condition of site plan review and issuance of a building permit, the structure shall comply with all zoning and building codes for the proposed use, and the owner shall execute and cause to be recorded in the office of the county recorder, a restriction binding on the owners. Their heirs, successors, and assigns, stating that the mobilehome has not been permitted as a dwelling and shall not be used for human habitation.

H. Mobilehomes shall not be permitted to be relocated to a separate lot, except within a mobilehome park, unless a use permit is obtained.

I. Manufactured homes located or relocated onto a separate lot located outside a mobilehome park shall comply with the following design standards:

1. Skirting materials shall have the same or similar appearance as the siding. Materials prohibited from use as skirting are: Lattice work, unpainted wood or plywood, metal not having factory applied color coatings, styrofoam, plastic, and corrugated fiberglass or metal.

2. The skirting shall extend to the ground level except that non-pressure treated wood siding cannot extend closer than six inches to the ground and shall be connected to the ground by a concrete or pressure treated wood perimeter sill.

3. All units shall be designed so that exterior walls look like wood, stucco, or masonry regardless of their actual composition.

4. All roofing materials shall be designed to look like composition roofing, tile, shakes, shingles, or tar and gravel; or architectural metal roof sheathing with factory applied color coatings.

5. Residential siding shall extend to the ground level (wood excluded) except that when a solid concrete or masonry perimeter foundation or curb wall is used, then siding need only extend one and one-half inches below the top of the foundation or curb wall.

6. The slope of the main roof shall not be less than two inches vertical rise for each twelve inches of horizontal run.

7. All units shall have a perimeter roof overhang on all sides extending not less than one foot measured from the vertical side of the home, not including rain gutters.

8. Where any accessory structure is attached to the main structure, the roof overhang requirement at the point of attachment may be waived by the planning director.

9. Permanent stairs shall be installed for all exterior door openings prior to final building permit inspection approval on the dwelling. Temporary stairs may be approved by the planning director, provided that the property owner has an active building permit for the construction of a deck with stairs and the director determines that no potential hazard may exist.

10. All manufactured home tow bars and wheels shall be removed.

11. Excepting the AE and AG zone districts all driveways and parking aprons in front of residences or garages shall be surfaced with asphaltic concrete or concrete.

(Ord. No. 236-162, 3-24-2026; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, changed the title of § 18.100.050 from "Mobilehomes—Residential use" to read as herein set out.

Due to the transportable nature of recreational vehicles and the potential for adverse effects on health, safety, and community character, it is necessary to specify additional regulations and clarifications which apply to recreational vehicles, in addition to any other requirement of law. The use of recreational vehicles, as defined in this title, shall be as provided in this section.

A. No recreational vehicle shall be parked on a public street or highway for more than twenty-four hours, nor occupied or used for sleeping purposes while parked on a public street or highway.

B. Temporary occupancy: In any zone except the I, IL, or C zone, recreational vehicles may be located on a lot or parcel for occasional temporary occupancy as provided in this section. This section shall not apply to recreational vehicles located in a recreational vehicle park or on a recreational vehicle sales lot. No use under this section shall cause a nuisance or health hazard.

1. Use in RR-4 through RR-15, LIC, RC, TP, AE, or AG zone: Recreational vehicles may be used for occasional human habitation for a period not to exceed thirty consecutive days, or ninety calendar days, in any one year.

2. Use in RR-1 through RR-3, RH, RL, or RT zone: Recreational vehicles shall be strictly limited to occasional occupancy, not to exceed thirty days in any one year. No recreational vehicle may be stored in a required front yard.

3. In the AE, AG, RC, LIC, TP, or OFG zone a recreational vehicle may be used for a period not to exceed one hundred eighty consecutive days in any one year, subject to approval of an administrative permit and a finding that all requirements of the health department have been met, the use is desirable in connection with a bona fide agricultural operation or resource protection activity, and the temporary use furthers the purpose of the subject zone and general plan policies. The term of the administrative permit may vary but shall not exceed five years. Any extension beyond five years shall require a use permit.

C. Temporary occupancy during construction of dwelling on same lot, subject to obtaining an administrative permit as provided in section 18.100.040.

D. Use of recreational vehicle as a temporary family care dwelling, as provided in section 18.100.020.

E. Recreational vehicles located on a recreational vehicle sales lot shall not be used for human habitation.

F. Storage of recreational vehicles: Recreational vehicles may be stored indefinitely on any lot, provided they are not used for human habitation. In an RH, RL, RR or RT zone, no recreational vehicle shall be stored in a required front yard. Recreational vehicle sales lots are exempt from this subsection.

G. Recreational vehicle parks: Recreational vehicles located in recreational vehicle parks shall comply with all applicable requirements of this title and of law, and with any conditions of issuance of a use permit. No recreational vehicle shall remain in a recreational vehicle park for more than six months in one calendar year, unless modified by the conditions of an approved use permit.

(Ord. No. 236-162, 3-24-2026; Ord. 236-73 Exh. A(part), 1991)

Accessory and junior accessory dwellings shall be allowed and created in all zones, including mixed use zones, that allow single-family and multiple family residential uses in accordance with California Government Code sections 66310 through 66342 as may be amended from time to time. The following are limited local regulations applicable to accessory and junior accessory dwelling units.

A. No ADU may be created without a building permit.

B. Process and timing:

1. Any application for an accessory dwelling unit that meets the location and development standards contained in this section shall be reviewed and approved ministerially, without discretionary review or a public hearing.

2. The county must determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than fifteen business days after the county received the application.

3. The county must either approve or deny the application to create or serve an ADU within sixty days from the date that the county receives a completed application, unless either:

a. The applicant requests a delay, in which case the principal sixty-day time period is tolled for the period of the requested delay, or

b. The permit application to create an ADU is submitted concurrently with a permit application to create a new single-family dwelling or multifamily dwelling on the lot. The county may delay approving or denying on the permit application for the ADU until the county approves or denies the permit application to create the new single-family dwelling or multifamily dwelling, but the application to create and serve the ADU will still be considered ministerially without discretionary review or a hearing.

c. If the county denies an application for the ADU, the county will provide in writing a full set of comments within sixty days to the applicant from the date they received a completed application with a list of items that are defective or deficient, and a description of how the application can be remedied by the applicant.

d. When an ADU is constructed within a county subject to a governor-declared state of emergency issued on or after February 1, 2025, the county shall issue a certificate of occupancy for the ADU, even if the primary dwelling has not yet received a certificate of occupancy, provided all applicable requirements are met, including verification that the primary dwelling was substantially damaged or destroyed by the declared emergency, consistent with Government Code section 6328.

(Ord. No. 236-162, 3-24-2026)

The purpose of this section is to establish procedures and standards for the approval and creation of employee housing for farmworkers.

A. Six or fewer employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

B. Districts where agriculture uses are allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

C. Streamlined approval for agricultural employee housing developments. To be eligible for streamlined approval under this section in accordance with the provisions of California Health and Safety Code section 17021.8, an agricultural employee housing development must meet all of the following requirements:

1. The development must be located on land designated as agricultural in the Modoc County General Plan.

2. The development must be twelve units or less.

3. The development must not be located in any of the following areas:

a. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

b. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to section 51178 of the Government Code.

c. A hazardous waste site that is listed pursuant to section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356.

d. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.

e. A flood plain as determined by maps promulgated by the Federal Emergency Management Agency.

4. The development must meet all applicable requirements of the County of Modoc Code, including but not limited to the following:

a. The development must have adequate water and wastewater facilities;

b. The development must comply with all applicable zoning and land use regulations; and

c. The development must comply with all applicable building and safety codes.

(Ord. No. 236-162, 3-24-2026)

It is the purpose of this section to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located. To protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care facilities shall be assessed, allowed and developed in accordance with the standards set forth in this section.

A. Permitted zones.

1. Large licensed residential care facilities shall be considered a residential use of property and shall be permitted with a use permit in all zones permitting residential uses in the County of Modoc Code, subject to the requirements of chapter 18.128 (Use permits).

2. A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Government Code section 65650 (which has a different definition of "target population" than the definition in chapter 18.06 (Definitions), then the facility shall be a use by-right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code sections 65650, et seq.

3. Small licensed residential care facilities and unlicensed residential care facilities shall be considered a residential use of property. Small residential care facilities, licensed, and unlicensed residential care facilities are permitted uses in all zones permitting residential uses in the County of Modoc, subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone.

B. Development standards. The following development standards shall apply to a large licensed residential care facility:

1. Development standards. Unless otherwise indicated below, the large licensed residential care facility must conform to the development standards for the zoning classification in which it is located.

2. Accessory dwelling units. The large licensed residential care facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

3. Kitchens. The large licensed residential care facility must provide either of the following:

a. Congregate dining facilities; or

b. Kitchens in individual units.

4. Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.

5. Signs. The large licensed residential care facility shall comply with section 18.110.070 (Signs).

6. Lighting. The large licensed residential care facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

7. Parking. The large licensed residential care facility shall provide off-street parking as set forth in section 18.110.040 (Off-street parking and loading).

8. Common areas and open space. The large licensed residential care facilities shall include at least three-hundred fifty square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than three-hundred fifty square feet.

9. Management. The large licensed residential care facilities shall have either:

a. A manager who resides on-site; or

b. A number of persons acting as a manager who are either present at the facility on a twenty-four hours basis or who will be available twenty-four hours a day, seven days a week to physically respond within forty-five minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the large licensed residential care facilities pursuant to state law.

10. Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

11. Personal storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

C. Application procedures. The application for a large licensed residential care facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the large licensed residential care facility is proposed, and with the requirements outlined in chapter 18.128 (Use permits). In addition, the application for a large licensed residential care facility shall include the following:

1. Applicant information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the conditional use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:

a. Every general partners of the partnership;

b. Every owner with a controlling interest in the corporation; or

c. The person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.

2. Owner authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.

3. Parcel information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.

4. Project description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.

5. Plan, building diagram, and floor plan. A preliminary site plan, drawn to scale, showing the facility's building footprint and property lines as well a diagram intended to show:

a. All building(s) to be occupied, including a floor plan for all rooms intended for residents' use indicating the number of residents per bedroom, the location and number of beds for all residents; and

b. On-site parking, including designations of staff and visitor parking.

6. Facility users. The projected number and types of users of the facility, including but not limited to, residents, staff, clients, visitors, and students.

7. Transportation and parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.

8. Management plan. A comprehensive management plan, which shall include, at a minimum, the following:

a. Detailed information on property management policies and operations, including information regarding maintenance and repairs;

b. An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection B.9.

c. An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection B.9.

d. A copy of the large licensed residential care facility's written resident intake procedures, including rental procedures and rates;

e. A copy of the large licensed residential care facility's written termination and eviction procedures;

f. A copy of the large licensed residential care facility's resident and guest rules; and

g. If applicable, the large licensed residential care facility's plan for disposing of medical waste or other bio-waste.

9. Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.

10. Similar facilities. A list of addresses of all other licensed facilities for which a conditional use permit is requested in the State of California owned or operated by the applicant(s) within the past five years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.

11. Project review. The planning commission shall review an application for the large licensed residential care facility and shall approve, conditionally approve, or disapprove of the application for the large licensed residential care facility. The decision of the planning commission shall be final unless appealed to the board of supervisors within the timeframes set forth in the County of Modoc Code.

12. Findings and decision. The planning commission shall only approve an application for a large licensed residential care facility if the planning commission makes all of the findings required pursuant to chapter 18.128 (Use permits) and conforms with all provisions of this section.

(Ord. No. 236-162, 3-24-2026)

This section establishes the development standards for transitional and supportive housing required by state law.

A. Development standards for transitional and supportive housing. Transitional and supportive housing, as defined in Health and Safety Code sections 50675.2 and 50675.14, respectively, constitutes a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the zoning district.

B. Development standards for supportive housing, up to fifty units. Pursuant to Government Code section 65651, supportive housing development with up to fifty supportive housing units shall be permitted by-right in all zones where multi-family and mixed-use residential development are permitted provided the development satisfies all of the following requirements:

1. All supportive housing units within the development are subject to a recorded affordability restriction for fifty-five years.

2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower-income households" has the same meaning as defined in Health and Safety Code section 50079.5

3. At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

4. The developer shall provide the information required by Government Code section 65652 to the planning department.

5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:

a. For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

b. For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

6. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code § 65915(c)(3).

7. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

8. Notwithstanding any other provision of this section to the contrary, the county shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.

b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.

c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(Ord. No. 236-162, 3-24-2026)

A. Emergency shelters and low barrier navigation centers shall comply with all objective standards identified in California Government Code section 65583(a)(4), that include, but may not be limited to the following:

1. Off-street parking as provided under section 18.110.040.C.21 of this code.

2. Shall not be located closer than three hundred feet of any other emergency shelter, unless such social service is located within the same building or on the same lot.

3. There shall be adequate receiving or reception space inside the structure such that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way

4. There shall be a gated and fenced outdoor area.

5. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code section 50801 for emergency shelters.

6. Lighting shall be provided in all exterior areas, including pathways, parking areas, courtyards, rear yard areas, and spaces between structures. Lighting shall be directed in a manner that does not cast light onto neighboring properties for appropriate surveillance subject to approval of the sheriff's department.

7. A management plan is required for all to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the county. Minimum standards and practices in the plan shall be as follows:

a. The emergency shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services.

b. The emergency shelter shall have an identified administrator and representative to address community concerns

c. The emergency shelter shall provide at least one responsible onsite supervisor at all times for every ten occupants.

d. Residents shall be regularly evaluated by persons experienced in emergency shelter placement and/or management.

e. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities.

f. First aid and CPR assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing shall be provided. Services may include providing meals as incidental to the operation of an emergency shelter.

g. Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

h. Emergency shelters shall be provide a detailed safety and security plan to protect shelter residents and surrounding uses and shall be maintained in a safe and clean manner and free from refuse or discarded goods.

i. Low barrier navigation center applications shall be processed in accordance with California Government Code section 65664 provides timelines for action; the county must notify the developer within thirty days if the application is complete under § 65493 and then must act on the application within sixty days from the date the application has been deemed complete.

(Ord. No. 236-162, 3-24-2026)