Article 37 — SPECIAL PLAN COMBINING ZONE (SP) (DRA, ScA, ScR, HA, HB)

Sec. 9-2.3701. - Purpose (SP).

The purpose of the Special Plan Combining Zone (SP) is to administer design review areas, scenic areas, special plan-historical areas, and designated historical buildings.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-766, eff. October 31, 1991)

Sec. 9-2.3702. - Identification (SP).

Special Plan Areas are specifically identified in the General Plan as to the qualities to be protected or preserved as Design Review Areas (DRA), Scenic Areas (ScA), Scenic Roads (ScR), Historical Areas (HA), and Historical Buildings (HB).

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-766, eff. October 31, 1991)

Sec. 9-2.3703. - Special plan review (SP).

(a)

No physical aspect of a property regulated by a Special Plan Area shall be altered in any way without special plan review and approval as set forth in subsection (b) of this section.

(b)

(1)

Special plan review shall be conducted by the Special Plan-Review Committee. The Planning Department shall conduct the Special Plan-Review for those areas that do not have Special Plan-Review Committee.

(2)

The requirements of each Special Plan Area shall be adopted into the General Plan. Special plan review shall ensure compliance with the requirements of the applicable Special Plan Area.

(3)

Special plan reviews for historical buildings shall be the consideration of the value of the public interest prior to the approval of a building permit to demolish a historical building.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-766, eff. October 31, 1991, § 1, Ord. 92-781, eff. May 14, 1992, § 1, Ord. 92-789, eff. August 13, 1992, and § 1, Ord. 94-829, eff. May 12, 1994)

Sec. 9-2.3704. - Special Plan Review Committee (SP).

(a)

Designation. A Special Plan Review Committee shall be appointed by the Board of Supervisors, as needed, for each Special Plan Combining Zone (SP).

(b)

Membership. The Committee shall consist of but not be limited to, individuals having interest or expertise in historical architecture and architectural design. Members of the Committee shall also include, as

appropriate, business owners, property owners and residents of the Special Plan Area. In addition, the Committee shall be supported by designated staff from the Planning and Building Departments, and Chamber of Commerce.

(c)

Terms. The Committee shall serve at the pleasure of the Board.

(d)

Meetings. The Committee shall meet at such times as needs warrant.

(e)

Functions, duties, and powers. The Committee shall establish standards for reviewing plans.

(f)

Guidelines. The existing guidelines shall be applicable until amended. New guidelines or requirements shall be drafted by the Committee and adopted by the Board.

(g)

Appeals. Decision of the Committee may be appealed as set forth in Article 10 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-766, eff. October 31, 1991, and § 2, Ord. 92-789, eff. August 13, 1992)

Article 38. - MOBILE HOME COMBINING ZONE (MH)

Sec. 9-2.3801. - Purpose (MH).

The purpose of the Manufactured Home Combining Zone (MH) is to provide for the installation of manufactured homes and commercial coaches on support systems.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 12, Ord. 99-924, eff. November 11, 1999)

Sec. 9-2.3802. - Uses (MH).

(a)

The following uses shall be permitted in the Manufactured Home Combining Zone (MH):

(1)

Manufactured homes and commercial coaches may be installed on support systems, subject to the provisions of the zone with which the Manufactured Home Combining Zone (MH) is combined.

(2)

The undersides of manufactured homes and commercial coaches shall be paneled or obscured around the periphery with decks or landscape plantings.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 12, Ord. 99-924, eff. November 11, 1999)

Article 39. - BUSINESS EXCLUSION COMBINING ZONE (BX)

Sec. 9-2.3901. - Purpose (BX).

The purpose of the Business Exclusion Combining Zone (BX) is to preclude or exclude businesses.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.3902. - Uses (BX).

(a)

The following uses shall be permitted in the Business Exclusion Combining Zone (BX):

(1)

The use of land, dwelling units, or appurtenant structures shall be permitted for dwelling and dwelling appurtenant uses only, except for;

(2)

Child day care homes, limited child day care homes, limited home businesses, and limited residential community care facilities.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 28, Ord. 86-623, eff. February 6, 1986, and § 1, Ord. 89-717, eff. October 5, 1989)

Article 40. - FARM ANIMAL COMBINING ZONE (F)

Sec. 9-2.4001. - Purpose (F).

The purpose of the Farm Animal Combining Zone (F) is to provide for animal husbandry.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.4002. - Uses (F).

(a)

The following uses shall be permitted in the Farm Animal Combining Zone (F):

(1)

Small animal husbandry; and

(2)

Large animal husbandry.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Article 41. - TELECOMMUNICATIONS

Sec. 9-2.4101. - Purpose and intent.

The purpose of this article is to define a comprehensive set of standards for the design and placement of telecommunications facilities within the County of Plumas that are consistent with applicable federal standards, state standards, Plumas County Code, and Plumas County General Plan. The standards are intended to:

(a)

Protect and enhance the safety, health, and welfare of the public by minimizing adverse general, visual, and operational impacts from telecommunications facilities while providing telecommunications in an effective and efficient manner.

(b)

Maximize the use of new and existing telecommunications facilities through co-location of facilities in order to minimize the need for new facilities, and minimize the total number of facilities throughout the county.

(c)

Encourage the location of new monopoles, towers, and antennas in non-residential areas.

(d)

Encourage telecommunications providers to locate new monopoles, towers, and antennas in areas that minimize adverse impacts on agriculture and air navigation.

(e)

Recognize the diverse nature of telecommunications throughout the county and establish standards suitable to their specific site conditions and operating requirements.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4102. - Definitions.

(a)

"Abandoned facilities" means facilities ceasing to be utilized for a specified amount of time set forth in this article.

(b)

"Airport" means the publicly-owned property and improvements at Chester, Gansner, and Beckwourth Airports, as more particularly shown on Exhibits A through D, inclusive, on file in the office of the County Clerk.

(c)

"Airstrip" means a strip of land, typically privately owned, paved or not, used by aircraft, including rotorcraft, as a runway to take off or land, with or without normal airbase or airport facilities, such as fueling.

(d)

"Antenna" means any device and associated equipment mounted on a tower, building, or structure that receives and/or transmits any type of electromagnetic wave for the purpose of telecommunications.

(e)

"Accessory building(s)" shall mean any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, Occupancy that requires a building permit.

(f)

"Associated equipment" means towers, utility poles, transmitters, repeaters, base stations, and other necessary equipment utilized in the operation of a telecommunications facility.

(g)

"Base station" has the same meaning as in Federal Communications Commission 47 C.F.R. § 1.40001(b)(1), as may be amended:

A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subdivision or any equipment associated with a tower.

(i)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless

services such as microwave backhaul.

(ii)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

(iii)

The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this subdivision, supports or houses equipment described in subdivisions (b)(1)(i) through (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv)

The term does not include any structure that, at the time the relevant application is filed with the State or local government under this subdivision, does not support or house equipment described in paragraphs (b) (1)(i) through (ii) of this section.

(h)

"Building" shall mean any structure used or intended for supporting or sheltering any use of occupancy that is defined in the California Building Code, 1989 Amendments, Chapter 11, except Group M, Division 1, Occupancy. For purposes of this article, building includes mobile homes and manufactured homes, churches, and day care facilities.

(i)

"Co-location" means the placement or installation of telecommunications facilities, including antennas and related equipment, on, or immediately adjacent to, an existing telecommunications co-location facility.

(j)

"County" means County of Plumas, a political subdivision of the State of California.

(k)

"Eligible facilities request" has the same meaning as in Federal Communications Commission 47 C.F.R. § 1.40001(b)(3), as may be amended:

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(i)

Collocation of new transmission equipment;

(ii)

Removal of transmission equipment; or

(iii)

Replacement of transmission equipment.

(l)

"EMF" means electromagnetic frequency radiation.

(m)

"Equipment" or "accessory equipment" means all cables, conduits, wires, connectors, and devices, excluding antennas transmitting or receiving wireless telecommunications signals, necessary to make a telecommunications facility function properly.

(n)

"Existing" has the same meaning as in Federal Communications Commission 47 C.F.R. § 1.40001(b)(5), as may be amended:

A constructed tower or base station is existing for purposes of this subdivision if it has been reviewed and approved under the applicable zoning or siting process, or under another State or regulatory review

process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

(o)

"Façade-mounted facilities" means any telecommunications device and associated hardware that is affixed to the face of a building.

(p)

"Facility" or "telecommunications facilities" or "telecommunications facility" has the same meaning as in Federal Standard 1037C, as may be amended:

(i)

A fixed, mobile, or transportable structure, including (a) all installed electrical and electronic wiring, cabling, and equipment and (b) all supporting structures, such as utility, ground network, and electrical supporting structures.

(ii)

A network-provided service to users or the network operating administration.

(iii)

A transmission pathway and associated equipment.

(iv)

In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control.

(v)

A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land.

(q)

"FAA" means Federal Aviation Administration.

(r)

"FCC" means Federal Communications Commission.

(s)

"Height" means the vertical distance measured upward from a surface determined by the structure's exterior finished grade as projected across the construction site. In the case of a tower, it is the vertical distance measured from the finished grade to the highest point on the tower.

(t)

"Monopole" is a type of tower regardless of composition or structure that is placed into the ground or attached to a foundation.

(u)

"Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (commencing with Section 66410 of the Government Code) and also means any parcel that is described, recorded, and kept in official County records specifically including documents and maps used by the County Assessor's Office, the County Tax Collector's Office, and the County Recorder's Office.

(v)

"PCS" means personal communications systems.

(w)

"Planning Commission" means the Planning Commission of the County of Plumas.

(x)

"Repeater" has the same meaning as in Federal Standard 1037C, as may be amended:

(1)

An analog device that amplifies an input signal regardless of its nature, i.e., analog or digital.

(2)

A digital device that amplifies, reshapes, retimes, or performs a combination of any of these functions on a digital input signal for retransmission.

(y)

"Residential zones" means Single Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), and Rural (R-10 and R-20).

(z)

"RF" means radio frequency electromagnetic radiation.

(aa)

"Roof-mounted facilities" means multiple or a singular antenna directly attached to the roof of an existing building, tower, or other structure other than a telecommunications tower.

(bb)

"Site" has the same meaning as in Federal Communications Commission 47 C.F.R. § 1.40001(b)(6), as may be amended:

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

(cc)

"SMR" means specialized mobile radio.

(dd)

"State" means the State of California.

(ee)

"Stealth" or "stealth facility" means reducing the visibility of an object to appear as part of the structure or surrounding environment by screening, concealment, or camouflage.

(ff)

"Structure" means anything for the establishment of which the Planning and Development Agency requires a building permit.

(gg)

"Substantial change" has the same meaning as in Federal Communications Commission 47 C.F.R. § 1.40001(b)(7), as may be amended:

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(i)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10%) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20') feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10%) percent or more than ten (10') feet, whichever is greater;

(A)

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(ii)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20') feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6') feet;

(iii)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing found cabinets associated with the structure, or else involves installation of found cabinets that are more than ten (10%) percent larger in height or overall volume than any other ground cabinets associated with the structure;

(iv)

It entails any excavation or deployment outside the current site;

(v)

It would defeat the concealment elements of the eligible support structure; or

(vi)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections 1.40001(b)(7)(i) through 1.40001(b)(7)(iv).

(hh)

"SUP" means special use permit.

(ii)

"Tower" means any structure designed and built for the purpose of supporting any type of antenna(s). Tower types include, but are not limited to, lattice towers, guyed towers, and monopole towers.

(jj)

"Transmitters" means an electronic device which generates radio waves used for communication purposes.

(kk)

"Utility pole" means a structure owned and/or operated by a public utility, municipality, or rural electric cooperative that is used to carry lines, cables (television, telephone, etc.), electricity, and/or to provide lighting.

(ll)

"Telecommunications co-location facility" means a telecommunications facility that includes co-location facilities.

(mm)

"Zoning Administrator" means the Zoning Administrator of the County.

(nn)

"Zoning clearance certificate" means, for purposes of this article, a ministerial over-the-counter certificate of zoning compliance provided by the Planning Department after verification that the proposed use is compatible with the parcel's zoning and the applicable development standards.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

(a)

This article applies to all new telecommunications facilities for the transmission or reception of telecommunication signals.

(b)

The standards set forth in this article apply to all telecommunications facilities and associated equipment.

(c)

The requirements set forth in this article are in addition to any applicable state and federal laws or regulations.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4104. - Pre-existing facilities.

All telecommunications facilities and accessory buildings that are subject to, but do not meet or comply with this article as of the date of adoption, may continue use as legal non-conforming telecommunications facilities and accessory buildings. All legal nonconforming telecommunications facilities are subject to the following:

(a)

Repair, maintenance, and alterations. A lawful nonconforming structure may be repaired, maintained, or altered, including, the repair, removal, replacement, maintenance, and alteration of antennas in the same quantity and substantially the same size, unless otherwise restricted; so long as such work does not result in a substantial change of the structure as defined by this article.

(b)

Restoration. A lawful nonconforming structure which is damaged to an extent which does not permit use for the intended purpose may be restored either within one year after the occurrence of the damage or upon the issuance of a special use permit.

(c)

Enlargement.

1.

A structure, lawfully nonconforming as to yard requirements, height, or lot coverage, may not be added to or enlarged unless the additions and enlargements are made in conformance with the regulations of the applicable zone or upon the issuance of a variance.

2.

A structure, lawfully nonconforming for reasons other than those set forth in subsection (1) of this subsection, may be added to or enlarged upon the issuance of a special use permit.

(d)

Relocation. A lawful nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, the structure shall conform to the regulations of the zone in which the structure will be located after the move.

(e)

Expansion.

A lawful nonconforming use may be expanded within the structure upon the issuance of a special use permit.

2.

A structure containing a lawful nonconforming use may be added to or enlarged to expand the lawful nonconforming use upon the issuance of a special use permit.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4105. - Exemptions.

Unless otherwise noted, the following are exempt from the standards set forth in this article:

(a)

Telecommunications systems utilized as an accessory to residential or commercial uses, internal business, or household communications systems, such as two-way radio communications systems, citizen band radio systems, television antennas, radio antennas, and internet antennas, if compliant with the following requirements:

(1)

All antennas subject to setback and maximum height requirements set forth in subsections 9-2.4108(a) and (b), except television antennas and internet antennas are not subject to subsections 9-2.4108(a) and (b).

(2)

Exemptions subject to subdivision (a) of this section do not apply to facilities operated, leased to, or used by any FCC licensed commercial telecommunications provider, which includes, but is not limited to, telecommunications providers, specialized mobile radio (SMR) communications providers, personal communications systems (PCS) providers, and radio broadcast facilities.

(b)

Telecommunications facilities issued a permit by the California Public Utilities Commission or Federal Communications Commission demonstrating exemption or exemption due to any state or federal law.

(c)

Temporary telecommunications facilities providing public information coverage of a news event for a time period no greater than thirty (30) days.

(d)

Government-owned communications facilities utilized for a public purpose.

(e)

Facilities exempted under Federal or State law.

(f)

Ordinary maintenance, repair, or replacement of a lawfully established (including lawful nonconforming) existing telecommunications facility or accessory building that does not result in a substantial change as defined by this article.

(g)

Telecommunications facilities utilized for temporary use during an emergency or natural disaster.

(h)

Telecommunications facilities located in the Timberland Production Zone (TPZ).

(i)

Wireless access points mounted on new poles of any height and mounted at a height of thirty-five (35') feet or less. For exceptions to this exemption, refer to subsection 9-2.4108(b)(2).

(j)

Telecommunications facilities meeting the definition of an "eligible facilities request."

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4106. - Permits required.

(a)

Permits required for telecommunications facilities shall be as specified in Table 1.

Table 1: Permits Required for Telecommunications Facilities

(b)

Facilities located near residential zones or near an airport or airstrip:

(1)

Excluding co-located facilities complying with subsection 9-2.4109(d), a special use permit is required for telecommunications facilities in the following circumstances:

(i)

A proposed telecommunications facility will be located within 1,000 feet of a residential zone; or

(ii)

A proposed telecommunications facility will be located within 1,000 feet of an airport or airstrip; or

(iii)

A telecommunications facility requiring Airport Land Use Commission (ALUC) review.

(2)

Co-located facilities complying with subsection 9-2.4109(d) are exempt from the requirements set forth in this section.

(3)

The Zoning Administrator shall make the following findings from the documentation supplied by the applicant to approve the special use permit:

(i)

Site is the least intrusive; and

(ii)

A denial would be a violation of federal or state law.

(c)

Amateur radio systems or HAM radio systems: Due to their critical role in the County's Office of Emergency Services (OES), an amateur radio system or ham radio system is required to obtain a zoning clearance certificate for a new tower or pole. See subsection 9-2.4108(b)(6) for height requirements.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4107. - Permit application review and terms.

(a)

Application materials. Telecommunications facilities applicants are required to provide the following contents on, or as an attachment to, the application:

(1)

Zoning clearance certificate requirements:

(i)

Signature(s) of applicant(s) on the application form.

(ii)

The applicant(s)' name, business address, and phone number(s).

(iii)

If the applicant is not the record title holder, a copy of the lease (excluding financial terms) or letter of consent from the property owner demonstrating applicant's ability to pursue application.

(iv)

The use being applied for, as well as a description of the proposed use detailing the following:

(aa)

Facility operation.

(ab)

Nature and type of facility, building(s), structure(s), and any associated equipment to be used.

(ac)

Types of technology and consumer services that will be provided.

(ad)

Number, size, material, and color of antenna(s).

(v)

Facility plans which include:

(aa)

Facility height, elevations, and any other pertinent dimensions drawn to scale.

(ab)

Height, elevations, and any other pertinent dimensions of accessory building(s) drawn to scale.

(vi)

The following documentation signed and/or prepared by a licensed professional engineer shall be provided by the applicant:

(aa)

A report prepared pursuant to Federal Communications Commission Office of Engineering and Technology Bulletin 65 (FCC OET Bulletin 65) demonstrating facility compliance with FCC regulations for general population exposure limits to RF radiation.

(ab)

A report that demonstrates the support structure can accommodate all applicable loads.

(vii)

Documentation demonstrating that all reasonable efforts have been made to create a facility that is as visually appealing and inconspicuous as possible.

(viii)

In the event the applicant is subject to licensing by the FCC, documentation proving applicant is licensed by the FCC is required before a building permit is issued.

(2)

Special use permit requirements. In addition to all requirements and documentation listed in subsections 9- 2.4107(a)(1)(i)—(a)(1)(viii), the following requirements shall be included when applying for a special use permit:

(i)

Provide documentation evaluating the feasibility of alternative sites, and if available, co-location opportunities.

(ii)

Plans and graphic depictions, drawn to scale, detailing the following:

(aa)

Site plans detailing easements, all surface water features, setbacks, facility location, and accessory structure(s)' location.

(ab)

Preliminary grading and drainage plans, if applicable.

(ac)

A graphic depiction of all technical criteria utilized to determine facility location.

(ad)

Simulated photo(s) of proposed facility from public street viewpoint or other potential public viewpoint.

(ae)

If applicable, a landscape plan detailing location and types of plants that will screen facility.

(b)

Fees.

(1)

All application fees shall be paid in the amounts set forth in the Planning and Building Services Fee Schedule.

(2)

The County, at the expense of the applicant, may retain a consultant to provide advice on individual sections of, or all of, the application.

(c)

Approval. Approval of all permits shall be in accordance with all applicable state and federal rules and regulations relating to the local authorization of telecommunications facilities and structures.

(d)

Performance security. As a condition of approval of a discretionary permit:

(1)

The applicant shall post a performance bond in an amount and form determined by the Planning Director that is sufficient to cover the cost of removal and site remediation in the event the facility is abandoned or subject to a revoked permit; or

(2)

The applicant shall deliver to the County an instrument of credit or letter of credit, indexed for inflation and in a form acceptable to County Council, issued by a financial institution subject to regulation by the state or federal government, guaranteeing payment to the County of the funds available pursuant to the instrument of credit or letter of credit, upon demand of the County, to cover the County's cost of removal and site remediation in the event the facility is abandoned or subject to a revoked permit; or

(3)

The permittee, operator(s), and, if on private property, the real property owner(s) shall enter into and cause to be recorded in the Official Records of Plumas County, a preliminary lien agreement against the facility, all related personal property, and, if applicable, all real private property on which the facility was located to cover the County's cost of removal and site remediation in the event the facility is abandoned or subject to

a revoked permit. The last-known permittee or its successor in-interest, operator(s), and, if on private property, the real property owner(s) shall be jointly and severally liable for all costs incurred by the County in connection with removal and site remediation, if the County has to do so; or

(4)

The applicant shall deliver to the County other security instrument, indexed for inflation and acceptable to County Counsel.

(e)

Indemnification. As a condition of approval of a discretionary permit, the applicant(s) shall enter into a defense and indemnification agreement with the County in a form acceptable to the County.

(f)

Administrative review. At reasonable intervals, the County may initiate and conduct an administrative review to verify the facility's continued compliance with the conditions of approval under which the application was originally approved.

(g)

Permit revocation. If non-compliant facility is not remedied in a timely manner, the Planning Director shall commence with revocation procedures. The Planning Director will proceed with the following:

(1)

Notices. The Planning Director shall schedule a public hearing before the Plumas County Board of Supervisors with notice given as set forth in Article 11.5 of Title 9 of this Code and given by certified mail to the person to whom the special use permit was issued.

(2)

Revocation. The Plumas County Board of Supervisors may revoke such permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the special use permit. The abatement and remediation of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4108. - General requirements.

(a)

Setbacks.

(1)

The minimum setback from property lines, or if property line is in the middle of a roadway, the edge of the roadway, for all telecommunications facilities is one foot of setback for every foot in facility height plus an

additional twenty-five (25') feet. For example, a tower with a height of 100 feet shall have a minimum setback of 100 feet plus twenty-five (25') feet for a total setback from the property lines, or edge or roadway if applicable, of 125 feet.

(2)

Accessory building(s) shall be set back from property lines according to the required setbacks of the primary zone.

(3)

Reduced setbacks.

(i)

In the agriculture zones (AP, GA), the Zoning Administrator may approve a reduced setback requirement if:

(aa)

The telecommunications facility is located adjacent to an existing structure such as a barn, other existing facility, or to a proposed accessory structure aesthetically and architecturally compatible with the surrounding environment, thereby allowing the telecommunications facility to blend with the surrounding area; or

(ab)

Adjacent property owners consent in writing to a reduced distance, no less than the minimum setback required in the underlying zone.

(ii)

Setbacks for telecommunications facilities within a non-residential zone and located within 500 feet of a residential zone, legally established residential dwelling, airport, or airstrip may have setbacks reduced with a variance if the Zoning Administrator finds that:

(aa)

Setback distances for the facility are greater than or equal to setbacks for structures in the underlying zone.

(ab)

The facility is not located within any Special Plan Combining Zone, such as Scenic Areas (SP-ScA), Scenic Roads (SP-ScR), Historical Areas (SP-HA), or Historical Buildings (SP-HB) zones unless the design of the facility will not adversely impact the underlying purpose of the zone.

(ac)

The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list unless the design of the facility will not adversely impact the historic or cultural significance of such feature.

(ad)

The facility does not present any impacts to the safety, health, and welfare of the public.

(ae)

Reduced setback(s) would not interfere with other standards or requirements set forth in Title 9 of this Code.

(af)

The facility and accessory building(s) are designed to be aesthetically and architecturally compatible with the surrounding environment. For example, the facility incorporates stealth techniques, such as screening, concealment, or camouflaging.

(iii)

Any telecommunications facility located within a non-residential zone at a distance greater than 500 feet to a residential zone, legally established residential dwelling, airport, or airstrip, and is seeking reduced setbacks, only has to comply with subsections 9-2.4108(a)(3)(ii)(aa)—(a)(3)(ii)(ae).

(4)

Facilities in public or private utility easements. Facilities located within public or private utility easements are exempt from meeting setback requirements.

(b)

Height.

(1)

The maximum height for telecommunications facilities in all zones shall be 200 feet. Towers located within military training routes (MTR) shall have a height no greater than 150 feet. Additional height may be approved by the Planning Director based upon justifiable need and consent from the military within MTR. A variance application may be required for additional height.

(2)

Facilities proposed in residential zones and not meeting the exemption set forth in subsection 9-2.4105(i), may not exceed thirty-five (35') feet in height. Height requirements may be increased through the approval of a variance. The Zoning Administrator shall make the following findings from the proof supplied by the applicant to approve the variance:

(i)

Site is the least intrusive; and

(ii)

A denial would be a violation of federal or state law.

(3)

The height for any facility shall be the minimum required to meet the technical requirements of the proposed facility.

(4)

A roof-mounted telecommunications facility shall be no more than fifteen (15') feet taller than the roof of the structure on which it is mounted. Height requirements may be increased through the approval of a variance. The Zoning Administrator shall make the following findings from the proof supplied by the applicant to approve the variance:

(i)

Site is the least intrusive; and

(ii)

A denial would be a violation of federal or state law.

(5)

A two-way radio antenna or television receiving antenna are subject to the maximum height requirement for the zone or no greater than fifty (50') feet.

(6)

An amateur radio system, also known as HAM radio system, is subject to a maximum height of seventy (70') feet. Height requirements may be increased through the approval of a variance. The Zoning Administrator shall make the following finding from the proof supplied by the applicant to approve the variance:

(i)

The design of the proposed antenna installation is the minimum necessary for the reasonable accommodation of the communication needs of the operator as set forth in Federal and/or State rules and regulations.

(c)

Location guidelines.

(1)

Telecommunications facilities shall not be located so as to cause obstruction of currently existing or proposed air navigation operations.

(2)

In residential zones, only one facility is permitted per parcel.

(3)

In residential zones, multiple facilities may be co-located on a single tower or pole.

(4)

Any facility located near a public right-of-way may not extend into, under, over, above, or upon a public right-of-way without obtaining an encroachment permit from the Public Works Department or Caltrans.

(d)

Building and electrical codes.

(1)

Telecommunications facilities shall comply with all applicable building and electrical codes. Facilities shall comply with all applicable regulations adopted pursuant to Public Resources Code 4290.

(2)

Applicant(s) shall submit certification from a registered structural engineer to the Building Department for any tower in excess of thirty (30') feet in height to demonstrate tower will withstand sustained winds as required by the Uniform Building Code.

(3)

The facility shall be maintained in compliance with all applicable local and state building codes and any other applicable standards for telecommunications facilities.

(e)

Lighting. All telecommunications facilities shall orient and shield lighting so as to not be intrusive to any residential surrounding areas. All shielding and orienting of lights shall comply with applicable authority's requirements, such as shielding for warning lights complying with FAA requirements.

(f)

Signs. Telecommunications facilities are permitted to display warning and equipment information signs. Commercial displays or advertising of any kind on any portion of the facility or accessory building(s) shall not be permitted.

(g)

Aesthetics. In residential zones, reasonable efforts shall be made to create a telecommunications facility with accessory buildings, whether new or co-located, that are architecturally similar with existing structures or styles in the surrounding area including colors, textures, and ornamentation.

(h)

Deed restrictions. The installation of a facility shall not violate any existing deed restrictions.

(i)

Vehicle access. Per Plumas County Code subsections 9-4.501(b)—(d), all facilities shall have a road, the portion of which that is under the control of the applicant, with an unobstructed horizontal traveled surface not less than fourteen (14') feet in width, excluding shoulders, and a minimum unobstructed vertical clearance of fifteen (15') feet. All such roads shall be capable of supporting a minimum load of 40,000 pounds and all culverts, bridges, and other appurtenant structures which supplement the roadway bed or shoulders shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code Sections 35250 and 35550 through 35796. Applicant shall provide engineering specifications to support design, if requested by the County Engineer. Federal lands shall be exempt from this subdivision.

(j)

Accessory equipment storage. All telecommunications facilities and accessory buildings shall be used to store accessory equipment and supplies necessary for the support of the facility. Only in emergency cases may accessory equipment or vehicles be stored outdoors.

(k)

Federal and State regulations.

(1)

All facilities are subject to current regulations set forth by the FAA, the FCC, and all state and federal agencies with authority over telecommunications facilities.

(2)

All facilities shall maintain compliance with state and federal standards or regulations at all times. A facility out of compliance due to recent changes in state and/or federal standards or regulations shall be brought into compliance by the facility owner and/or operator within six (6) months of the effective date of such standards or regulations, unless the state or federal agency mandates a more stringent compliance timeline.

(3)

A facility not brought into compliance with federal and/or state regulations constitutes grounds for the County's commencement of permit revocation procedures set forth in this article.

(l)

Emissions.

(1)

A biennial RF/EMF emissions report, prepared in accordance with FCC reporting standards, shall be submitted to the Plumas County Planning Department by the facility owner or operator demonstrating facility compliance with FCC OET Bulletin 65: provided however, if no changes have been made to the

facility during the reporting period that would materially increase the RF/EMF emissions at the facility, a written certification of such shall be submitted in lieu of said report.

(2)

A facility shall not generate a hazard to the health, safety, and welfare of the public due to RF/EMF emissions greater than exposure limits allowed by FCC OET Bulletin 65. If exposure limits are exceeded, the facility owner or operator shall promptly determine the transmitter(s) of concern and shall cause such to cease operation until it(they) is(are) brought into compliance with FCC OET Bulletin 65.

(m)

Landscaping. In residential zones, if visual impacts cannot be avoided, a screen of plant materials shall be utilized to obscure the facility from public view. The buffer shall consist of non-invasive/native plant material. The outside perimeter of the facility shall have a landscaped strip no less than five (5') foot in width. In locations where the visual impact of the facility would be minimal, the landscaping requirement may be reduced or waived. If a facility is located on a large, wooded lot, the natural growth and trees shall suffice for the screen.

(n)

Security and fencing. Facility, including accessory building(s) and equipment, shall be secured at all times and have a security fence of six (6') feet or more in height or other security measures appropriate to the site conditions to prevent access by the public.

(o)

Maintenance. Site and the facility, including accessory building(s), fencing, paint used to demonstrate caution, landscaping, lighting (aviation warning lights, etc.), and all related equipment shall be maintained in accordance with all approved plans and on a routine basis for the life of the facility. The following requirements shall be adhered to:

(1)

In residential zones, maintenance hours shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Saturday, excluding emergency repairs.

(2)

In the case of failure or malfunction of an antenna structure identification or warning light system, all reporting and corrective work shall be accomplished in accordance with the then-current requirements established by the FAA.

(p)

Cultural resources. Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including, but not limited to, projectile points and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within fifty (50') feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and

implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

(a)

Building façade-mounted facilities in commercial zoning (Core Commercial (C-1), Periphery Commercial (C2), Convenience Commercial (C-3), and Recreation Commercial (R-C)), Industrial Zoning (Heavy Industrial (I-1) and Light Industrial (I-2)), Residential Zoning (Single Family Residential (2-R, 3-R, and 7-R) and Multiple-Family Residential (M-R)), Recreational Zoning (Prime Recreation (Rec-P), Recreation (Rec-1, Rec3, Rec-10, and Rec-20), Recreation Open Space (Rec-OS)), Agricultural Zoning (Agricultural Preserve (AP) and General Agriculture (GA)), General Forest (GF), and Mining (M).

(1)

Visibility. To minimize the appearance of facilities extending above the roofline of any structure, stealth techniques shall be utilized or facility shall be painted and textured to blend with the existing structure on which it is mounted.

(2)

Maximum coverage. Total facility coverage of a facility mounted to the face of an existing structure may not exceed ten (10%) percent of the square footage of the building face or thirty-two (32) square feet per façade, whichever is less.

(3)

Maximum extension from façade. A facility shall not extend more than eighteen (18") inches from the building face.

(4)

Minimum Installation height. The lowest portion of all facilities shall be located a minimum of fifteen (15') feet above grade level.

(5)

Accessory buildings. Under no circumstances shall any structure utilized for a telecommunications facility be constructed or placed within a setback. Acceptable placements of accessory buildings are on the existing building's roof, within the existing building, or on the premises surrounding the existing building.

(b)

Roof-mounted facilities in commercial zoning (Core Commercial (C-1), Periphery Commercial (C-2), Convenience Commercial (C-3), and Recreation Commercial (R-C)), Industrial Zoning (Heavy Industrial (I-1) and Light Industrial (I-2)), Residential Zoning (Single Family Residential (2-R, 3-R, and 7-R) and Multiple Family Residential (M-R)), Recreational Zoning (Prime Recreation (Rec-P), Recreation (Rec-1, Rec-3, Rec10, and Rec-20), Recreation Open Space (Rec-OS)), Agricultural Zoning (Agricultural Preserve (AP) and General Agriculture (GA)), General Forest (GF), and Mining (M).

(1)

Setback. The minimum setback for roof-mounted facilities is one foot of setback for every foot in facility height. For example, a tower with a height often (10') feet shall have a minimum setback of ten (10') feet. The setback shall be measured from the roofs edge nearest the facility.

(2)

Maximum height. A roof-mounted facility shall not exceed the maximum building height of the underlying zone or ten (10') feet above the existing roofline, whichever is less. The height is measured from the base of the facility, which is affixed to the roof of the building, to the top of the facility. Additional height may be approved by the Zoning Administrator based upon justifiable need.

(3)

Accessory buildings. Under no circumstance shall any accessory building utilized for a facility be constructed or placed within a setback. Acceptable placements of accessory buildings are on the existing building's roof, within the existing building, or on the premises surrounding the existing building.

(c)

Existing pole or tower mounted facilities.

(1)

Setback. Facilities mounted on an existing pole or tower are not subject to setback requirements.

(2)

Height. The overall height of an existing pole, tower, or co-location facility may increase by approval of a variance or other zoning approval as required for the zone in which the facility is located, based upon justifiable need.

(d)

Co-located facilities.

(1)

As set forth in California Government Code Section 65850.6, a co-location facility is permitted with the approval of a zoning clearance certificate if it complies with the following requirements:

(i)

The telecommunications co-location facility on which the co-location facility is proposed on, or immediately adjacent to, was subject to a discretionary permit by the County and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the telecommunications co-location facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the requirements of Section 21166 do not apply, and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

(ii)

State and local requirements, including the Plumas County General Plan, any applicable community plan or specific plan, and Title 9, Planning and Zoning, of this Code.

(2)

A telecommunications co-location facility proposed on, or immediately adjacent to an existing co-location facility that was not subject to a County discretionary permit pursuant to subsection 9-2.4109(d)(1) shall require the approval of a special use permit, comply with all standards listed in subsection 9-2.4109(d)(1)(ii), and shall comply with the California Environmental Quality Act through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration.

(3)

Telecommunications co-location facilities are permitted subject to the approval of a zoning clearance certificate if in compliance with the standards listed in subsection 9-2.4109(d)(1) and the following standards:

(i)

All co-location facilities are subject to the requirements set forth in Section 9-2.4108 General Requirements.

(ii)

No facility shall extend from pole or tower greater than existing facilities mounted on pole or tower.

(iii)

Co-location facility is compliant with RF exposure limits set forth by the FCC.

(iv)

Accessory buildings are placed on the existing building's roof, within the existing building, or on the premises surrounding the existing building outside of setback, if located in Commercial Zoning (Core Commercial (C-1), Periphery Commercial (C-2), Convenience Commercial (C-3), or Recreation Commercial (R-C)), Industrial Zoning (Heavy Industrial (I-1) and Light Industrial (I-2)), Residential Zoning (Single Family Residential (2-R, 3-R, and 7-R) and Multiple Family Residential (M-R)), Recreational Zoning (Prime Recreation (Rec-P), Recreation (Rec-1, Rec-3, Rec-10, and Rec-20), Recreation Open Space (Rec-OS)), Agricultural Zoning (Agricultural Preserve (AP) and General Agriculture (GA)), General Forest (GF), and Mining (M).

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.4110. - Facility abandonment, removal, and remediation.

(a)

A facility not maintained for ready use by telecommunications providers for a continuous period of twelve (12) months may be considered abandoned and designated as unlawful and as a public nuisance. To ensure a facility is not deemed abandoned and is being maintained, a written maintenance certificate shall be submitted to the Planning Department once per year.

(b)

Within ninety (90) days of receiving written notice from the County following its formal abandonment procedure, the facility owner and/or operator shall remove and remediate facility in its entirety, including accessory building(s) and associated equipment, returning the site to the original pre-construction state. If the abandoned facility is not removed and remediated within ninety (90) days, the County may have the facility removed and remediated, if necessary, and exercise its rights under performance security. Refer to subsection 9-2.4107(e) regarding performance security.

(c)

All owners and/or operators with the intent to abandon a facility shall notify the County of such intentions no less than thirty (30) days prior to final day of use.

(d)

If two (2) or more users are utilizing a single facility, the facility shall not be considered abandoned until operation from all users has ceased.

(e)

Facilities for which any permits have been revoked are subject to subdivisions (b)—(d) of this section.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Article 42. - WATER EFFICIENT LANDSCAPE

Sec. 9-2.4201. - Purpose.

The purpose of this article is to define standards that regulate the design, installation, maintenance, and management of new, rehabilitated, and existing landscapes for the purpose of water conservation.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4202. - Applicability.

This article shall apply to all residential and non-residential landscape projects requiring a building or special use permit in the unincorporated area of the County of Plumas.

(a)

New landscape projects with an aggregate landscape area equal to or greater than 500 square feet.

(b)

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.

(c)

Existing landscapes.

(d)

Cemeteries, new/rehabilitated subject to subsection 9-2.4209(a)(1), and existing subject to subsection 9- 2.4209(a)(2).

(e)

Landscape projects, new or rehabilitated, with an aggregate landscape area between 500 square feet and 2,500 square feet, may comply with the performance requirements of this article or conform to the prescriptive compliance option contained in subsection 9-2.4205(e) and subsection 9-2.4206(g).

(f)

Landscape projects utilizing graywater or rainwater captured on-site are subject only to subsection 9- 2.4206(g)(1)(v), if:

1.

Any lot or parcel within the project has less than 2,500 square feet of landscape area; and

2.

Meets the landscape water requirement (estimated total water use) entirely with graywater or rainwater captured on-site.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4203. - Exemptions.

The following landscape projects are exempt from this article:

(a)

Registered local, state, or federal historical sites.

(b)

Ecological restoration projects that do not require a permanent irrigation system.

(c)

Mined-land reclamation projects that do not require a permanent irrigation system.

(d)

Gardens or plant collections, as part of botanical gardens and arboretums open to the public.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4204. - Definitions.

(a)

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

(b)

"Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

(c)

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

(d)

"Certificate of completion" means the document required under subsection 9-2.4205(f).

(e)

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

(f)

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Irrigation Auditor program.

(g)

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

(h)

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

(i)

"Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. Compost includes vegetable, yard, and wood wastes which are not hazardous waste pursuant to Section 40110 of the California Public Resources Code as currently in force or as hereafter amended.

(j)

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

(k)

"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

(l)

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a volume flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

(m)

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

(n)

"Effective precipitation" or "usable rainfall" means the portion of total precipitation which becomes available for plant growth.

(o)

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

(p)

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two (2) years of growth.

(q)

"Establishment period of the plants" means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established

after one or two (2) years of growth. Native habitat mitigation areas and trees may need three (3) to five (5) years for establishment.

(r)

"Estimated total water use" or "ETWU" means the total water used for the landscape as described in subsection 9-2.4205(b)(1)(vii).

(s)

"Evapotranspiration adjustment factor" or "ETAF" means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiencies, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

(t)

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time.

(u)

"Volume flow rate" means the rate at which water flows through pipes, valves, and emissions devices, measured in gallons per minute (gal/min), gallons per hour (gal/hr), or cubic feet per second.

(v)

"Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

(w)

"Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

(x)

"Fuel modification plan guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

(y)

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and

laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.

(z)

"Hardscapes" means any durable material (pervious and non-pervious).

(aa)

"Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

(bb)

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

(cc)

"Invasive plant species" means a species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by the Plumas County Agricultural Commissioner as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory (Cal-IPC) and USDA invasive and noxious weed database.

(dd)

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.

(ee)

"Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this article are 0.75 for overhead spray devices and 0.81 for drip system.

(ff)

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit.

(gg)

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

(hh)

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

(ii)

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

(jj)

"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

(kk)

"Landscape documentation package" means the documents required under Section 9-2.4205.

(ll)

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this article, meeting requirements under Section 9-2.4202.

(mm)

"Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

(nn)

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

(oo)

"Local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this article, including, but not limited to, approval of a permit and plan check or design review of a project.

(pp)

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

(qq)

"Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

(rr)

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

(ss)

"Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

(tt)

"Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in subsections 9-2.4205(b)(1)(v)—(b)(1)(vi). It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo)(0.62)[(ETAF x TLA) + ((1 - ETAF) x SLA)]

(uu)

"Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

(vv)

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

(ww)

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

(xx)

"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

(yy)

"New construction" means, for the purposes of this article, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

(zz)

"Non-residential landscape" means landscapes in commercial, institutional, industrial, and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

(aaa)

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

(bbb)

"Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads, rotors, impulse sprinklers, micro-sprays)

(ccc)

"Overspray" means the irrigation water which is delivered beyond the target area.

(ddd)

"Parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

(eee)

"Permit" means an authorizing document issued by the County for new construction or rehabilitated landscapes.

(f )

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

(ggg)

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this article, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this article are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers, academic institutions, or professional associations as approved by the California Department of Water Resources (DWR).

(hhh)

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 9-2.4205, to request a permit, plan check, or design review from the County. A project applicant may be the property owner or his or her designee.

(iii)

"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

(jjj)

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

(kkk)

"Recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf course tees, fairways, roughs, surrounds, and greens.

(lll)

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

(mmm)

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four (4") inch to seven (7") inch tall, cool season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

(nnn)

"Regional water efficient landscape ordinance" means a local ordinance adopted by two (2) or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

(ooo)

"Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 9-2.4202, and the modified landscape area is equal to or greater than 2,500 square feet.

(ppp)

"Residential landscape" means landscapes surrounding single or multifamily homes.

(qqq)

"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

(rrr)

"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

(sss)

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

(ttt)

"Special landscape area" or "SLA" means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

(uuu)

"Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

(vvv)

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

(www)

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

(xxx)

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

(yyy)

"Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

(zzz)

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

(aaaa)

"Valve" means a device used to control the flow of water in an irrigation system.

(bbbb)

"Water conserving plant species" means a plant species identified as having a very low or low plant factor.

(cccc)

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

(dddd)

"Watering window" means the time of day irrigation is allowed.

(eeee)

"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4205. - Submittal requirements.

(a)

Landscape documentation package. Prior to construction of any landscape project described in Section 9- 2.4202, the project applicant shall submit a landscape documentation package with the building or special use permit application. The landscape documentation package shall contain the following:

(1)

Project information that includes:

(i)

Date.

(ii)

Project applicant.

(iii)

Project location identified by address and assessor parcel number(s) (APN(s)).

(iv)

Total landscape area and turf area (square feet).

(v)

Project type (e.g., new, rehabilitated, public, private, cemetery).

(vi)

Water supply type (e.g., potable, recycled, well, graywater) and identify the local water purveyor if not served by a private well.

(vii)

Checklist of all documents included in the landscape documentation package.

(viii)

Contact information for the applicant and property owner.

(ix)

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Design Package."

(2)

Water efficient landscape worksheet that complies with subsection 9-2.4205(b).

(3)

A landscape design plan that complies with subsection 9-2.4205(c)(1) and subsection 9-2.4206(a).

(4)

An irrigation design plan that complies with subsection 9-2.4205(c)(2) and subsection 9-2.4206(b).

(5)

A grading design plan that complies with subsection 9-2.4205(c)(3) and subsection 9-2.4206(c).

(6)

A soil management report that complies with subsection 9-2.4205(d).

(b)

Water efficient landscape worksheet. A sample worksheet may be found in Appendix B of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations. The water efficient landscape worksheet shall be completed by a civil engineer, landscape architect, or other professional appropriately licensed by the State of California. The worksheet shall contain all of the following:

(1)

Information on the plant factor (PF), irrigation method, irrigation efficiency (IE), and landscape area associated with each hydrozone. Calculations demonstrating the maximum applied water allowance

(MAWA), estimated total water usage (ETWU), and the evapotranspiration adjustment factor (ETAF). Regular landscape areas and special landscape areas shall be identified and water uses organized as shown in Appendix B of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations. The following equations and standards shall be utilized for the calculations:

(i)

Plant factor (PF). The plant factors used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources. The plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. High water use plants shall not be mixed with low or moderate water use plants.

(ii)

Irrigation efficiency (IE). The irrigation efficiency is determined by the type of irrigation method.

(aa)

Spray irrigation = 0.75.

(ab)

Drip irrigation = 0.81.

(iii)

ETAF. The evapotranspiration adjustment factor for a landscape project is based on the plant factor and irrigation method selected for each hydrozone. The maximum ETAF allowed is 0.55 for residential areas and 0.45 for non-residential areas and is expressed as annual gallons required, exclusive of special landscape areas. The ETAF for new and existing (non-rehabilitated) special landscape areas, including any recycled water areas, shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. ETAF shall be calculated utilizing the following equation:

==> picture [96 x 53] intentionally omitted <==

Where:

PF = Plant Factor

IE = Irrigation Efficiency

(iv)

ETAF (average and sitewide). The calculated ETAF for both the regular landscape areas, ETAF AVG_Regular , and sitewide landscape areas, ETAF Sitewide , shall not exceed the maximum allowable ETAF of 0.45 for

non-residential areas and 0.55 for residential areas. Average ETAF for regular landscape areas and Sitewide ETAF for sitewide landscape areas shall be calculated utilizing the following equations:

==> picture [144 x 18] intentionally omitted <==

Where:

Total Regular(ETAF x HA) = Sum of ETAF x HA, excluding Special Landscape Areas.

ETAF = evapotranspiration adjustment factor

HA = hydrozone landscape area (square feet)

TRLA = total regular landscape area of all hydrozones, excluding Special Landscape Areas (square feet)

==> picture [144 x 17] intentionally omitted <==

Where:

Total Regular(ETAF x HA) = Sum of ETAF x HA, excluding special landscape areas.

ETAF = evapotranspiration adjustment factor

HA = hydrozone landscape area (square feet)

SLA = total Special Landscape Area (square feet)

TLA = total landscape area of all hydrozones (regular and special) (square feet)

(v)

MAWA (New or rehabilitated landscapes). The maximum applied water allowance for new and rehabilitated landscapes shall be calculated based on the maximum ETAF allowed. MAWA shall be calculated utilizing the following equation:

MAWA = (ETo)(0.62)[(ETAF x TLA) + ((1 - ETAF) x SLA)]

Where:

ETo = reference evapotranspiration determined from Appendix A of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations (inches per year). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

ETAF = evapotranspiration adjustment factor (0.45 for non-residential and 0.55 for residential)

TLA = total landscape area of all hydrozones (square feet)

SLA = total Special Landscape Area (square feet)

(vi)

MAWA (existing landscape). The maximum applied water allowance for existing landscapes shall be calculated using the following equation:

MAWA = (ETo)(0.62)(0.8)(TLA)

Where:

ETo = reference evapotranspiration determined from Appendix A of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations (inches per year). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

ETAF = evapotranspiration adjustment factor = 0.8

TLA = total landscape area of all hydrozones (square feet)

(vii)

ETWU. The estimated total water use is calculated based on the plants used and irrigation method selected for the landscape design. ETWU shall be calculated utilizing the following equation:

ETWU = (ETo)(0.62)(ETAF)(HA)

Where:

ETo = reference evapotranspiration determined from Appendix A of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations (inches per year). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

ETAF = evapotranspiration adjustment factor

HA = hydrozone landscape area (square feet)

(viii)

Total ETWU must be below MAWA. To calculate total ETWU, the ETWU for all hydrozones, regular landscape areas and special landscape areas, shall be summed.

(ix)

Effective precipitation.

(aa)

Effective precipitation (twenty-five (25%) percent of annual precipitation) in tracking water use and may use the following equations to calculate MAWA:

(a)

For residential landscapes:

MAWA = (ETo - EPPT)(0.62)[(0.55 x TLA) + ((.45) x SLA)]

(b)

For non-residential landscapes:

MAWA = (ETo - EPPT)(0.62)[(.45 x TLA) + ((.55) x SLA)]

Where:

ETo = reference evapotranspiration determined from Appendix A of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations (inches per year). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

EPPT = 25% of annual precipitation

TLA = total landscape area of all hydrozones (square feet)

0.62 = conversion factor (acre inches to gallons)

SLA = total Special Landscape Area (square feet)

(c)

Design plans.

(1)

Landscape design plan. The landscape design plan shall be completed by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. The landscape design plan shall meet all applicable criteria set forth in subsection 9-2.4206(a) and shall:

(i)

Include general notes, planting notes, plant layout based on size at maturity, species, and symbol legend.

(ii)

Delineate and label each hydrozone by number, letter, or other method.

(iii)

Identify each hydrozone as very low, low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation, as defined by WUCOLS.

(iv)

Identify special landscape areas.

(v)

Identify areas permanently and solely dedicated to edible plants.

(vi)

Identify irrigated areas with recycled water or graywater.

(vii)

Identify type of mulch and application depth.

(viii)

Identify soil amendments, type, and quantity.

(ix)

Identify type and surface area of water features.

(x)

Identify hardscapes.

(xi)

Identify any applicable rain harvesting or catchment technologies as discussed in subsection 9-2.4206(f) and their twenty-four (24) hour retention or infiltration capacity.

(xii)

Identify any graywater discharge piping, system components and area(s) of distribution.

(xiii)

Contain the following statement: "I have complied with the criteria of the Plumas County Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan."

(xiv)

Include a plant legend, in tabular form, demonstrating the following:

(aa)

Plant type (e.g., tree, shrub, ground covers, vine, perennials, grasses).

(ab)

Common name and botanical name.

(ac)

Quantity.

(ad)

Container size.

(ae)

Remarks.

(2)

Irrigation design plan. The irrigation design plan shall be completed by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation plan. The irrigation design plan shall meet all applicable criteria set forth in subsection 9-2.4206(b) and shall contain:

(i)

General notes, irrigation notes, hydrozone notes (zone number, water use, landscape area, etc.), irrigation layout, species, device type, and irrigation legend.

(ii)

Hydrozone areas shall be designated by number, letter, or other designation on the irrigation design plan.

(iii)

Include on the irrigation design plan, designated areas irrigated by each valve, and assign a number to each valve. Use this number in the water efficient landscape worksheet.

(iv)

The irrigation design plan, at a minimum, shall contain:

(aa)

Location and size of separate water meters for landscape.

(ab)

Location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators,

and backflow prevention devices.

(ac)

Static water pressure at the point of connection to the main water supply.

(ad)

Volume flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.

(ae)

Recycled water irrigation systems as specified in subsection 9-2.4206(d), if applicable.

(af)

The following statement: "I have complied with the criteria of the Plumas County Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan."

(3)

Grading design plan.

(i)

If the landscape project area will be graded, the grading design plan shall be completed by, and bear the signature of, a landscape architect, civil engineer, or architect licensed by the State of California and shall be submitted as part of the landscape documentation package. Grading shall meet all applicable County grading requirements. A grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. The grading design plan shall meet all applicable criteria set forth in subsection 9- 2.4206(c) and shall contain:

(aa)

A landscape grading plan that indicates finished configurations and elevations of the landscape area including:

(a)

Height of graded slopes.

(b)

Drainage patterns.

(c)

Pad elevations.

(d)

Finished grade.

(e)

Stormwater retention improvements, if applicable.

(ab)

The grading design plan shall contain the following statement: "I have complied with the criteria of the Plumas County Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the grading design plan."

(d)

Soil management report.

(1)

A soil management report shall be completed by the project applicant, or his/her designee, as follows:

(i)

An analysis completed by a properly certified or accredited laboratory using accepted industry protocol.

(ii)

The analysis shall be of the soil for the proposed landscape areas of the project that includes information about:

(aa)

Soil texture.

(ab)

Soil infiltration rate determined by laboratory test or soil texture infiltration rate table.

(ac)

pH.

(ad)

Total soluble salts.

(ae)

Sodium.

(af)

Percent organic matter.

(ag)

Recommendations on soil amendments.

(iii)

The project applicant, or his/her designee, shall comply with one of the following:

(aa)

If significant mass grading is not planned, the soil analysis report shall be submitted as part of the landscape documentation package; or

(ab)

If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.

(iv)

In projects with multiple landscape installations a soil sampling rate of one in seven (7) lots or approximately fifteen (15%) percent will satisfy this requirement.

(e)

Prescriptive compliance option. Utilization of the prescriptive compliance option requires compliance with the following standards and shall be documented on a landscape design plan:

(1)

Submit a landscape documentation package which includes all of the requirements listed in subsections 9- 2.4205(a)(1)(i)—(a)(1)(i)(vi), (a)(1)(i)(viii), and (a)(1)(i)(ix) and adheres to the design elements listed in subsection 9-2.4206(g).

(2)

At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule, and a schedule of landscape and irrigation maintenance.

(f)

Certificate of completion.

(1)

The certificate of completion (see Appendix C of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations for a sample Certificate of Completion) shall include the following six (6) elements:

(i)

Project information sheet that contains:

(aa)

Date.

(ab)

Project name.

(ac)

Project applicant name, telephone, and mailing address.

(ad)

Project address and location.

(ae)

Property owner name, telephone, and mailing address.

(ii)

Certification by either the signer of the landscape design plan, irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package:

(aa)

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

(ab)

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

(iii)

An irrigation schedule that complies with Section 9-2.4207 that describes the irrigation times and irrigation parameters for the project.

(iv)

Landscape and irrigation maintenance schedule (see Section 9-2.4208).

(v)

Irrigation audit report (see Section 9-2.4209).

(vi)

Soil management report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see subsection 9-2.4205(d)).

(2)

The project applicant shall:

(i)

Submit the signed certificate of completion to the Plumas County Planning Department for review.

(ii)

Ensure that copies of the approved certificate of completion are submitted to the property owner or his or her designee.

(3)

Upon receiving the certificate of completion, the Plumas County Planning Department shall approve or deny the certificate of completion. If the certificate of completion is denied, the Planning Department shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4206. - Design elements.

The landscape and irrigation design plans shall be carefully designed and planned for the intended function of the project. The following standards shall be adhered to when designing landscape and irrigation design plans.

(a)

Landscape design plan.

(1)

Plant material.

i.

Any plant may be selected for the landscape, providing the ETWU in the landscape area does not exceed the MAWA. Methods to achieve water efficiency shall include one or more of the following:

(aa)

Protection and preservation of native species and natural vegetation.

(ab)

Selection of water-conserving plant, tree, and turf species, especially local native plants.

(ac)

Selection of plants based on local climate suitability, disease, and pest resistance.

(ad)

Selection of trees based on size at maturity as appropriate for the planting area.

(ae)

Selection of plants from local and regional landscape program plant lists, if available.

(af)

Selection of plants from local fuel modification guidelines.

ii.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Plants with similar water needs shall be grouped within hydrozones. Methods to achieve water efficiency shall include one or more of the following:

(aa)

Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate.

(ab)

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth.

(ac)

Consider solar orientation for plant placement to maximize summer shade.

iii.

Turf shall not be planted on slopes greater than twenty-five (25%) percent where the toe of the slope is adjacent to an impermeable hardscape, and where twenty-five (25%) percent means one foot of vertical elevation change for every four (4') feet of horizontal length:

==> picture [144 x 20] intentionally omitted <==

iv.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

v.

Existing invasive plants within or adjacent to the proposed landscape area shall be removed prior to installation, to minimize potential for spread into installation area.

vii.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

viii.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

(2)

Hydrozones. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in subsection 9-2.4206(b)(2)(iv). On the landscape design plan, hydrozone areas shall be designated by number, letter, or other designation. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

(3)

Fire management. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

(4)

Water features.

(i)

Recirculating water systems shall be used for water features.

(ii)

Where available, recycled water shall be used as a source for decorative water features.

(iii)

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

(iv)

Pool and spa covers are highly recommended.

(5)

Soil preparation, mulch, and amendments.

(i)

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

(ii)

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

(iii)

For landscape installations, compost at a rate of a minimum of four (4) cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6") inches into the soil. Soils with greater than six (6%) percent organic matter in the top six (6") inches of soil are exempt from adding compost and tilling.

(iv)

A minimum three (3") inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five (5%) percent of the landscape may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

(v)

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

(vi)

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

(vii)

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.

(b)

Irrigation design plan. An irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance.

(1)

System requirements.

(i)

A dedicated water meter or submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 feet (the level at which Water Code 535 applies). A landscape water meter may be either:

(aa)

A water service meter dedicated to landscape use; or

(ab)

A privately owned meter or submeter.

(ii)

Automatic irrigation controllers utilizing evapotranspiration, soil moisture sensor data, or any other type of self-adjusting controller, utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.

(iii)

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

(aa)

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

(ab)

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

(iv)

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

(v)

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(vi)

Backflow prevention devices shall be installed to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the Plumas County Environmental Health Department for any additional backflow prevention requirements.

(vii)

Flow sensors that detect high flow conditions created by system damage or malfunction shall be installed for all non-residential landscapes of 5,000 square feet or larger.

(viii)

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(ix)

Irrigation systems shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas.

(x)

Relevant information from the soil management report, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(xi)

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(xii)

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in subsection 9-2.4205(b) regarding the maximum applied water allowance (MAWA).

(xiii)

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(xiv)

The project applicant is encouraged to inquire with the local water purveyor about peak water operating demands or water restrictions that may impact the effectiveness of the irrigation system.

(xv)

Sprinkler heads and other emission devices shall have matched precipitation rates.

(xvi)

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity.

(xvii)

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf grass.

(xviii)

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

(xix)

Overhead irrigation shall not be permitted within twenty-four (24") inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if one of the following circumstances apply:

(aa)

The landscape area is adjacent to permeable surfacing and no runoff occurs.

(ab)

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

(ac)

The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in subsection 9-2.4206(b)(1)(ix). Prevention of overspray and runoff must be confirmed during the irrigation audit.

(xx)

Slopes greater than twenty-five (25%) shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

(2)

Hydrozone.

(i)

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

(ii)

Irrigation devices (sprinkler heads, drip emitters, etc.) shall be selected based on what is appropriate for the plant type within each hydrozone.

(iii)

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees.

(iv)

Moderate and high water use, or low and moderate water use plants may be mixed within a hydrozone, if one of the following apply:

(aa)

Plant factor calculation is based on the proportions of respective plant water uses and their plant factor.

(ab)

The plant factor is set to the plant(s) with the greater water use in the hydrozone to determine the calculations for the water efficient landscape worksheet. Individual hydrozones that mix high and low water use plants shall not be permitted.

(c)

Grading design plan. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. To prevent excessive erosion and runoff, it is highly recommended that project applicants:

(1)

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes.

(2)

Avoid disruption of natural drainage patterns and undisturbed soil.

(3)

Avoid soil compaction in landscape areas.

(d)

Recycled water.

(1)

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

(2)

In addition to this article, landscapes utilizing recycled water shall be designed and operated in accordance with all applicable State and local laws and regulations related to the use of recycled water.

(e)

Graywater systems.

(1)

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and all applicable County standards. Refer to subsection 9- 2.4202(f) for the applicability of this article to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.

(f)

Stormwater management and rainwater retention. Stormwater best management practices shall be incorporated as appropriate into the landscape installation, the details of which shall be shown on the landscape design plan. Project applicants shall refer to the Regional Water Quality Control Board for information on any applicable storm water requirements. To ensure water retention and infiltration is maximized, all planted landscapes shall have friable soil. It is recommended that:

(1)

Landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either:

(i)

The one inch, twenty-four (24) hour rain event; or

(ii)

The 85[th ] percentile, twenty-four (24) hour rain event; and/or

(iii)

Additional capacity as required by any applicable local, regional, state, or federal regulation.

(2)

Stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

(i)

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

(ii)

Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways.

(iii)

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

(iv)

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

(v)

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

(vi)

Incorporate infiltration beds, swales, basins, and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.

(vii)

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

(g)

Prescriptive compliance. In order to utilize prescriptive compliance option, the following criteria shall be met:

(1)

Compliance with the following design elements is mandatory and shall be documented on a landscape plan:

(i)

Provide all the requirements listed in subsections 9-2.4205(a)(1)(i)—(a)(1)(vi), (a)(1)(viii), and (a)(1)(ix)).

(ii)

Incorporate compost at a rate of at least four (4) cubic yards per 1,000 square feet to a depth of six (6") inches into landscape area (unless contraindicated by a soil test);

(iii)

Plant material shall comply with all of the following:

(aa)

For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for seventy-five (75%) percent of the plant area excluding edibles and areas using recycled water. For non-residential areas, install climate adapted plants that require occasional, little, or no summer water (average WUCOLS plant factor 0.3) for 100 percent of the plant area excluding edibles and areas using recycled water.

(ab)

A minimum three (3") inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

(iv)

Turf shall comply with all of the following:

(aa)

Turf shall not exceed twenty-five (25%) percent of the landscape area in residential areas, and there shall be no turf in non-residential areas.

(ab)

Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four (4') feet of horizontal length.

(ac)

Turf is prohibited in parkways less than ten (10') feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

(v)

Irrigation systems shall comply with the following:

(aa)

Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

(ab)

Irrigation controllers shall be of a type which does not lose programming data in the event of primary power source interruption.

(ac)

Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

(ad)

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(ae)

All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(af)

Areas less than ten (10') feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(vi)

To measure the landscape water use of landscapes in non-residential areas with landscapes greater than 1,000 square feet, a private submeter, or as many submeters as necessary, shall be installed.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4207. - Irrigation scheduling.

The irrigation schedule required by subsection 9-2.4205(f)(1)(iii) shall be prepared by a California licensed, landscape architect, civil engineer, architect, landscape contractor, or property owner and provide the following information:

(a)

Irrigation scheduling shall be regulated by automatic irrigation controllers.

(b)

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from local water purveyor, the stricter of the two (2) shall apply.

(c)

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission devices, flow rate, and current reference evapotranspiration, so that applied water meets the ETWU. Total annual applied water shall be less than or equal to MAWA. Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

(d)

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

(1)

The plant establishment period.

(2)

The established landscape.

(3)

Temporarily irrigated areas.

(e)

Each irrigation schedule shall consider for each station all of the following that apply:

(1)

Irrigation interval.

(2)

Irrigation run times.

(3)

Number of short cycles required to minimize runoff.

(4)

Amount of applied water scheduled to be applied on a monthly basis.

(5)

Application rate setting.

(6)

Root depth setting.

(7)

Plant type setting.

(8)

Soil type.

(9)

Slope factor setting.

(10)

Shade factor setting.

(11)

Irrigation uniformity or efficiency setting.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4208. - Landscape and irrigation maintenance schedule.

(a)

Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

(b)

A maintenance schedule shall include, but not be limited to:

(1)

Routine inspection.

(2)

Auditing.

(3)

Adjustment and repair of the irrigation system and its components.

(4)

Aerating and dethatching turf areas.

(5)

Weeding in landscape areas.

(6)

Fertilizing.

(7)

Pruning.

(8)

Removing obstructions from emissions devices.

(9)

Top dressing with compost.

(10)

Replenishing mulch.

(c)

Operation of irrigation systems outside of the allowed watering period is permitted for auditing and system maintenance.

(d)

Repair of all irrigation equipment shall be done with the originally installed components, their equivalents, or with components with greater efficiency.

(e)

A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4209. - Irrigation audit, survey, and water use analysis.

(a)

Irrigation audit.

(1)

New/rehabilitated landscapes.

(i)

All landscape audits shall be conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(ii)

In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven (7) lots or approximately fifteen (15%) percent will satisfy this requirement.

(iii)

For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 9-2.4202:

(aa)

The project applicant shall submit an irrigation audit report with the certificate of completion to the Plumas County Planning Department that may include, but is not limited to:

(a)

Inspection.

(b)

System tune-up.

(c)

System test with distribution uniformity.

(d)

Reporting overspray or runoff that causes overland flow.

(e)

Preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming.

(2)

Existing. Landscapes that were installed before December 1, 2015 and are over one acre in size.

(i)

All landscape audits shall be conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(ii)

For landscapes with a water meter, programs shall be administered by the County that include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits.

(iii)

For landscapes that do not have a water meter, programs shall be administered by the County that may include, but not be limited to, irrigation surveys and irrigation audits.

(b)

Irrigation survey. Irrigation surveys are less intensive and detailed than an irrigation audit. An irrigation survey includes, but is not limited to, inspection, system test, and written recommendations to improve performance of the irrigation system. Irrigation surveys shall be conducted by a certified irrigation auditor.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.4210. - Severability.

If any provision of this article, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this article that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.

(§ 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Article 43. - BACKYARD CHICKENS

Sec. 9-2.4301. - Purpose.

The purpose of this article is to define standards that regulate the keeping of chickens on single-family residential parcels while protecting the health, safety, and welfare of the community.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

Sec. 9-2.4302. - Applicability.

This article applies to all Single-Family Residential Zones (2-R, 3-R, 7-R) within the unincorporated area of Plumas County.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

Sec. 9-2.4303. - Definitions.

(a)

"Backyard chickens" or "chicken" shall mean Gallus gallus domesticus and does not include other fowl, such as, but not limited to peacocks, turkeys, or water fowl.

(b)

"Chicken coop" or "coop" shall mean an enclosed structure for housing chickens that provides shelter from the elements.

(c)

"Chicken run" or "run" shall mean an enclosed outside yard for keeping chickens.

(d)

"Rooster" shall mean a male chicken.

(e)

"Single-Family Residential" shall mean the following residential zones: 2-R, 3-R, and 7-R.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

(a)

In the Single-Family Residential Zones, a maximum of six (6) chickens shall be permitted per legal parcel.

(b)

The maximum chickens allowed on any parcel in the Single-Family Residential Zone may be increased to twelve (12) on parcels twice or more the minimum lot area of the zoning.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

Sec. 9-2.4305. - Standards for the keeping of backyard chickens.

(a)

General requirements.

(1)

The raising of backyard chickens shall only be allowed on properties containing a single-family dwelling with a fenced rear yard area.

(2)

Chickens shall be provided with a covered roosting area (chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run).

(3)

Chickens shall be contained within the coop, run, or contained within the property boundary at all times.

(4)

The chicken coop and chicken run shall be designed and maintained to be well-drained on the property. There shall be no standing water.

(5)

The chicken coop shall be predator-resistant from the sides, top, and bottom, and the chicken run shall be predator-resistant from the sides and top.

(6)

All grains or other loose feed must be stored in containers with tightly fitting lids to prevent the entrance of vermin.

(7)

Animal waste must be removed and disposed of as set forth below:

(i)

No person who owns or controls land shall allow any animal waste, including manure, urine, and defecations, to accumulate on the land and cause a public or private nuisance or a danger to public health, such as fly-breeding conditions and offensive odors. Property owner(s) shall be subject to the requirements of Plumas County Code Section 6-10.117 Animal Waste.

(8)

Electrical power supplied to a chicken coop shall be installed under an appropriate building permit.

(b)

Design requirements.

(1)

All chickens shall be housed in a coop that is designed to:

(i)

Be predator-resistant;

(ii)

Be watertight;

(iii)

Be thoroughly ventilated;

(iv)

Be easily accessed and cleaned;

(v)

Contain one nesting box with no less than one cubic foot for every four (4) chickens;

(vi)

Contain a coop area of no less than two (2) square feet per chicken, excluding nesting boxes; and

(vii)

Contain the chicken roost(s), feeder(s), and water.

(2)

The chicken run shall be attached to the chicken coop allowing the chickens direct access to and from the chicken coop and be:

(i)

Predator-resistant;

(ii)

Thoroughly ventilated;

(iii)

Easily accessed and cleaned;

(iv)

Fenced with materials to sufficiently contain the chickens;

(v)

Constructed with an area of no less than five (5) square feet per chicken; and

(vi)

Contain the feeder(s) and water.

(3)

Yards.

(i)

Front yards: The chicken coop and run shall be located on the rear of the property and behind the residence. For parcels that have a frontage on two (2) sides, the coop and run shall be located on the rear portion of the property that is opposite the side providing street access, with the remaining front having a minimum front yard setback of twenty-five (25') feet from the property line.

(ii)

Side and rear yards: The coop and run must be located at least twenty (20') feet from the nearest adjoining residence or ten (10') feet from any property line, whichever is greater.

(4)

Height. The chicken coop and run shall not exceed seven (7') feet in height.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

Sec. 9-2.4306. - Prohibited uses.

The following uses shall be prohibited within the Single-Family Residential zoning:

(a)

Commercial sales of chicken eggs.

(b)

Slaughtering processes.

(c)

Roosters.

(§ 1(Exh. A), Ord. 2019-1126, adopted November 19, 2019)

Article 44. - COMMERCIAL SOCIAL EVENT, LIMITED

Sec. 9-2.4401. - Purpose.

The purpose of this article is to define standards that regulate the operation of a limited commercial social event while protecting the health, safety, and welfare of the community.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4402. - Applicability.

This article applies to administrative use permits issued for the operation of a Commercial social event, limited and special use permits for the operation of a Commercial social event in the Agricultural Preserve (AP) zone and the General Agriculture (GA) zone.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4403. - Definitions

(a)

"Commercial social event" shall be as defined in Section 9-2.224.7 of this Chapter.

(b)

"Commercial social event, limited" shall be as defined in Section 9-2.224.9 of this Chapter.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4404. - Administrative use permit required for commercial social event, limited.

(a)

An administrative use permit, meeting the requirements of Title 9, Chapter 2, Article 6.3, is required to be issued by the Planning Director to allow up to nineteen (19) limited commercial social events to be held per calendar year for up to 250 guests on a parcel zoned AP (Agricultural Preserve) and GA (General Agriculture). No event shall exceed three (3) consecutive days in length. The term of the administrative use permit shall be no longer than twelve (12) months from the date of issuance.

Application for the administrative use permit shall be submitted to the Department of Planning and Building Services at least ninety (90) days prior to the first event of the calendar year.

(b)

The administrative use permit, once issued, may be renewed on an annual basis as provided in Article 6.3 of Chapter 2 of this title. Application for renewal shall be submitted to the Department of Planning and Building Services at least sixty (60) days prior to the first event of the calendar year.

(c)

The primary use of the parcel on which the limited commercial social event is located shall be commercial agricultural production. All uses proposed on Williamson Act contracted property must be compatible with the Williamson Act. The portion of the property used for the limited commercial social event shall be no more than ten (10%) percent of the total acreage or five (5) acres of land, whichever is less. The event must be designed to be compatible with on-site agricultural operations as well as any adjoining agricultural operations and single family residences, including appropriate setbacks, and parking. Areas seasonally used for agricultural production may be temporarily used for event activities (e.g., parking) provided that no permanent damage occurs to the resource and that there is no demonstrable loss of agricultural productivity.

(d)

A facility compliance form shall be required to be submitted annually to the Department of Planning and Building Services to report on each year's event operation. The facility compliance form shall include a report on the status of and compliance with all conditions of the administrative use permit issued for the limited commercial social event.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4405. - Administrative use permit standards for commercial social event, limited.

Application for an administrative use permit shall be made in writing by the owners of the property or by the proposed operator with the consent of the owners, on a form prescribed by the Planning Director and shall be submitted to the Department of Planning and Building Services.

County staff will forward application materials to the appropriate local and state agencies for review and will coordinate any responses received.

The following list may not be all inclusive.

(a)

Access.

(1)

Capacity of road providing access. The event venue shall have access from a road/roads which has/have adequate capacity for existing traffic and traffic proposed by the Commercial social event, limited. Any and

all road improvements (public and private) must be made only as allowed by the provisions of a recorded access easement.

(2)

Onsite access to meet code requirements. The event venue shall be located on a parcel that complies with the driveway and turnaround road standards specified in Sections 9-4.503 and 9-4.604(1) of this Code.

(3)

Access from private road(s). If primary access is not from a County maintained road or a State highway, the applicant or operator shall participate in any existing active road maintenance organization for all privately maintained access road(s). If no road maintenance organization exists, the applicant or operator shall record a road maintenance agreement which provides for maintenance of drainage and erosion control devices, fuel modification, and upkeep of road surfaces from at least the owner's property to the nearest County maintained road or State highway. The road maintenance agreement shall be in effect for the life of the project unless maintenance for the roadway is assumed by the County, a special district, other governmental entity, or a private road maintenance organization.

(4)

Air quality/emissions of air pollutants. The District rules of the Northern Sierra Air Quality Management District apply to the regulation of dust suppression measures created by the use of any access road(s) to serve the limited commercial social event venue. District Rule 205 prohibits the discharge of air contaminants or other materials from any source which cause injury, detriment, nuisance, or annoyance to any considerable number of persons, or to the public, or which endangers the comfort, repose, health, or safety of any such persons, or the public or which cause to have a natural tendency to cause injury or damage to business or property. Appropriate dust suppression measures to prevent dust emission and/or airborne transmission of fugitive dust from the roadway(s) serving the venue shall be utilized by the property owner and/or operator of the limited commercial social event.

(b)

Fire safety/fire prevention plan. A plan for fire safety and fire prevention, as well as for emergency response services, shall be approved by the appropriate structural fire protection agency. If the parcel proposed for use for the limited commercial social event is not located within the boundaries of a structural fire protection district, a contract obtained from the nearest district, which includes conditions of service, can be used to satisfy the requirement for the fire safety and fire prevention plan.

(c)

Parking.

(1)

The limited commercial social event venue, excluding parking areas, shall be located at least 200 feet from the boundary of the nearest parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10 or R-20).

(2)

The limited commercial social event parking areas shall be located at least 20 feet from the boundary of any parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10, or R-20).

(3)

All parking for the event shall be located on the site of the event. No parking shall be permitted within any County or State rights-of-way. At least one (1) off-street parking space shall be provided for each two (2) guests in attendance at the limited commercial social event. Parking areas shall be surfaced with gravel, asphalt or asphaltic concrete to reduce dust and be reasonably maintained free of vegetation. Alternatively, areas covered with grass or pasture may be used for parking provided the grass is trimmed to a height of no more than three (3) inches or as needed to reduce risk of fire. Compacted dirt, decomposed granite, gravel or other permeable surface may be utilized only if the area is sufficiently treated with dust suppression measures to prevent dust emission and/or airborne transmission of fugitive dust from the site. The District Rules of the Northern Sierra Air Quality Management District shall apply to regulation of dust suppression measures for on-site event parking areas.

(d)

Traffic management plan. Prior to the issuance of the administrative use permit, a traffic management plan shall be submitted to and approved by the Department of Public Works for events exceeding one-hundred (100) guests that utilize County roads for direct access to the event site. The traffic management plan shall include appropriate techniques to provide safe ingress and egress from event facilities without resulting in substantial congestion of roadways, or otherwise cause traffic-related hazards. Such techniques may include, but may not be limited to:

(1)

Temporary caution and directional signage;

(2)

Clearly defined points of ingress/egress;

(3)

Cones or other clear markers placed to help direct vehicle flow, define parking areas and driveways; and

(4)

Flag persons to help direct vehicle flow and minimize congestion. If any of the implementation techniques proposed in the Traffic Management Plan are to occur within State highway right-of-way, the Traffic Management Plan shall be submitted to and approved by the California Department of Transportation (CALTRANS) and an encroachment permit will be required for the traffic control measures. Any proposed traffic control devices and methods shall conform to CALTRANS standards.

(e)

Event hours/noise.

(1)

If a limited commercial social event venue is located within three-hundred (300) feet of a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10 or R-20), or of any personal residence located on adjacent property, the commercial social event shall occur between the hours of 10:00 a.m. and 10:00 p.m. excluding set up and clean up time.

(2)

If a limited commercial social event venue is not located adjacent to a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), Rural (R-10 or R-20) or is located over three hundred (300) feet from a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), Rural (R-10 or R-20) or is held entirely within an enclosed building, the event hours are not restricted by the County.

(3)

At no time during the event, shall the noise generated by the limited commercial social event exceed the outdoor Community Noise Exposure level of 70 Ldn or CNEL (dB) as measured at any property line.

(f)

Water.

(1)

Water system permit, required. The event venue shall be permitted as a local small drinking water system or other County regulated water system in accordance with Title 6 Chapter 9 of Plumas County Code, unless otherwise approved by Environmental Health.

(2)

Drinking water plan, required. Prior to the issuance of the administrative use permit, a drinking water plan specifying the provision of potable water service at the limited commercial social event shall be submitted to Environmental Health for review and approval. The drinking water plan shall specify that at least one (1) drinking fountain or equivalent arrangement for potable water shall be provided at no cost for guests numbering from one (1 to two hundred fifty (250).

(3)

Water system, limitation on operation. The applicant or operator shall certify that not more than twenty-five (25) people daily for more than sixty (60) days of the year are being served by the drinking water system. This certification shall be included in the annual facility compliance form described in Section 9-2.4404(d).

(g)

Wastewater.

(1)

Sewage disposal, required. The limited commercial social event venue shall be provided with means for sewage disposal in accordance with Title 6 Chapter 6 of Plumas County Code.

(2)

New or existing onsite wastewater treatment and disposal system (OWTS). If new or existing onsite wastewater treatment and disposal system (OWTS) facilities are proposed, the applicant must demonstrate that they are designed, sited, and constructed to adequately and safely serve anticipated wastewater flows generated at the limited commercial social event venue.

(3)

Temporary vaults or portable toilets. If temporary vaults or portable toilets are proposed, they must be serviced by a sanitation vendor who has a current Plumas County permit to operate issued by Environmental Health.

(h)

Water closets and urinals. At least one (1) water closet and one (1) urinal shall be provided for the first onehundred (100) males or portion thereof in attendance at the limited commercial social event, two (2) water closets and two (2) urinals for one hundred and one (101) to two hundred (200) males, with three (3) water closets and three (3) urinals from two hundred and one (201) to two hundred and fifty (250) males. One (1) water closet shall be provided for the first twenty-five (25) females or portion thereof in attendance, two (2) water closets for twenty-six (26) to fifty (50) females, three (3) water closets for fifty-one (51) to one hundred (100), four (4) water closets from one hundred and one (101) to two hundred (200) females and six (6) water closets from two hundred and one (201) to two hundred and fifty (250) females.

(i)

Signage. On-site signage shall not exceed that necessary to identify the venue and to direct traffic and shall be removed immediately following each event. On-site signage shall be in accordance with Section 9-2.416 of this Code. An encroachment permit shall be obtained prior to placing any signage within a County road right-of-way. Temporary roadside signs for the event placed within any State highway right-of-way shall conform to the CA-MUTCD and may require an encroachment permit. Advertising within any State highway right-of-way is prohibited (California Streets and Highways Code Section 720). Off-site advertising of any kind is prohibited by Plumas County Code.

(j)

Encroachment permit for access. If access to the venue is off a County road or State highway right-of-way, an encroachment permit shall be obtained. Improvement of the proposed roadway connection to CALTRANS standards may be a condition of the State encroachment permit.

(k)

Lighting. Lighting shall not exceed that necessary to provide for the safety of guests attending the event. All lighting shall be low level, low intensity and directed downward toward the area to be illuminated to reduce light pollution, glare and spillage. Lighting shall be so installed as to focus away from adjoining properties as per Plumas County Code Section 9-2.411.

(l)

Power cords. Temporary power cords shall not be affixed to structures, extended through walls, or subjected to environmental or physical damage. Cords shall be secured to prevent tripping hazards. Large diameter cords shall be provided with cord bridges or ramps to facilitate the crossing of wheel chairs, strollers and similar wheeled equipment.

(m)

Temporary stages or other event structures. A building permit issued by the Building Department shall be secured prior to erecting a temporary stage or any other structures constructed on the property for the limited commercial social event. Evidence shall be provided to show that building permits have been obtained for these structures prior to approval of the annual administrative use permit. All requirements for accessibility shall be satisfied.

(n)

Tent or membrane structure. If a commercial social event utilizes a tent or membrane structure, the placement, construction, and use of that structure shall adhere to all applicable provisions of the California Building Standards Code as adopted by Title 8 of this Code, including the California Fire Code. All requirements for accessibility shall be satisfied.

(o)

Refuse waste and recyclables. Receptacles for refuse and recyclable materials shall be provided for each limited commercial social event. Bins or containers must be serviced in a manner and frequency that prevents odors, leakage, overflow, or flies. Recycling is encouraged but sorting, storage and removal from the premises must be timely to prevent flies, odors, or other nuisance conditions. All refuse and recyclables shall be collected the day following the event and shall be removed from the parcel within seven (7) days following conclusion of the event in conformance with Title 6, Chapter 10 of this Code. Environmental Health, by special order, may require more frequent removal in specific circumstances threatening public health and safety.

(p)

Food. If food will be served to attendees of the event, it must come from a facility permitted by Environmental Health in accordance with the California Retail Food Code as adopted by reference in Section 6-3.02 of Plumas County Code.

(q)

Alcoholic beverages. If alcoholic beverages will be served, all requirements of the Alcoholic Beverage Control Act shall be followed during the event.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4406. - Special use permit for commercial social event, required.

A special use permit per Article 6 of Chapter 2 of this title shall be obtained prior to holding any commercial social event on a parcel zoned AP (Agricultural Preserve) and GA (General Agriculture) that exceeds the number of events and/or days or is otherwise not in compliance with the standards for limited commercial social events contained in Sections 9-2.4404 and 9-2.4405 of this article.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4407. - Outdoor festival, exemption.

"Outdoor festival" shall mean and include any outdoor gathering that is for the primary purpose of attending or participating in or observing a musical or theatrical performance to which the public is admitted, with or without the payment of admission charges. Outdoor festivals are regulated as per Title 5, Chapter 6 of this Code and are exempt from the provisions of this article.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.4408. - Agricultural preserve (AP) zoned parcels subject to Williamson Act Contracts.

Notwithstanding Section 9-2.4404(c) of this article, if an agriculturally zoned parcel is found to be subject to a Land Conservation Act Contract (Williamson Act) for which an administrative use permit or special use permit is obtained for the purpose of commercial social events, then a consultation with the County Assessor is required to determine if a tax re-assessment will be required. The applicant shall provide an annual report to the Assessor addressing compatibility with the Land Conservation Act (Williamson Act). All uses proposed on Williamson Act contracted property must be compatible with the Williamson Act. Any activity(ies) conducted on a property under Contract other than agricultural uses, or miscellaneous compatible uses as determined by the Board of Supervisors, may also result in penalties including, but not limited to, non-renewal of the Contract.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Article 45. - ACCESSORY DWELLING UNITS

Sec. 9-2.4501. - Purpose and intent.

The purpose of this article is to establish accessory dwelling unit (ADU), including junior accessory dwelling unit (JADU) ministerial permit procedures, development standards, and regulations consistent with State ADU Law.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4502. - Applicability.

Attached, detached, and conversion accessory dwelling units and junior accessory dwelling units shall be permitted in any zone where a dwelling unit or dwelling units are permitted subject to the provisions of this article.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4503. - Definitions.

(a)

"Accessory dwelling unit" shall be as defined in Section 9-2.201.1 of this Chapter.

(b)

"Accessory dwelling unit, attached" shall be as defined in Section 9-2.201.2 of this Chapter.

(c)

"Accessory dwelling unit, detached" shall be as defined in Section 9-2.201.3 of this Chapter.

(d)

"Accessory dwelling unit, conversion" shall be as defined in Section 9-2.201.4 of this Chapter.

(e)

"Accessory dwelling unit, junior" shall be as defined in Section 9-2.201.5 of this Chapter.

(f)

"Efficiency kitchen" also known as a "kitchenette," shall be defined to include: (1) a cooking facility with appliances, (2) a food preparation counter, and (3) storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(g)

"Living area" shall mean the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(h)

"Multiple-Family Dwelling Structure" shall mean a structure with two (2) or more attached dwelling units on a single parcel.

(i)

"Primary Dwelling Unit" also known as a "Dwelling unit" shall be as defined in Section 9-2.228 of this Chapter.

(j)

"Public transit" shall mean various means of transportation such as buses that are available to the public, charge set fees, and run on fixed routes.

(k)

"Tandem parking" shall mean two (2) or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

(l)

"Walking distance" shall mean the distance a pedestrian must travel to reach public transit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4504. - Permit procedures.

(a)

The Building Department shall approve or deny a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty (60) days of submittal of a complete building permit application if there is an existing single-family dwelling unit or multiple-family dwelling structure on the lot.

(b)

If the Building Department has not acted upon the accessory dwelling unit or junior accessory dwelling unit application within sixty (60) days, the application shall be deemed approved.

(c)

If the Building Department denies an application for an accessory dwelling unit or junior accessory dwelling unit, the Building Department shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(d)

For pre-approved accessory dwelling units, the Building Department shall issue an expedited building permit within thirty (30) days of submittal of a complete building permit application.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4505. - Development standards.

Accessory dwelling units shall be subject to the California Building Code and the following development standards:

(a)

Number of accessory dwelling units per parcel.

(1)

For parcels with an existing or proposed single-family dwelling unit(s) the following shall be permitted:

(i)

One attached or conversion accessory dwelling unit; and

(ii)

One new construction detached accessory dwelling unit; and

(iii)

One junior accessory dwelling unit (conforming to the standards set forth in Section 9-2.4508).

(2)

For parcels with an existing or proposed multiple-family dwelling structure(s) the following shall be permitted:

(i)

Two detached accessory dwelling units; and

(ii)

At least one conversion accessory dwelling unit from non-living area space with the total number of interior accessory dwelling unit conversions being limited to no more than twenty-five (25%) percent of the total number of dwelling units in the multiple-family dwelling structure, but not less than one.

(3)

For parcels with an existing or proposed residential component of a mixed use commercial, recreation commercial, or recreation development the following shall be permitted:

(i)

Two detached accessory dwelling units; and

(ii)

One conversion accessory dwelling unit from the living area space of an existing dwelling unit.

(b)

Guaranteed allowance of statewide exemption ADU.

(1)

An accessory dwelling unit up to eight hundred (800) square feet, sixteen (16') feet in height, and with four (4') foot side and rear yard setbacks shall be known as a statewide exemption ADU and shall not be prohibited.

(2)

No lot coverage, floor area ratio, open space requirement, or minimum lot area limitation shall preclude the construction of a statewide exemption ADU.

(c)

Unit Size, Lot Area, and Coverage.

(1)

Accessory dwelling units are exempt from minimum lot area and coverage requirements.

(2)

The living area of an attached accessory dwelling unit shall not exceed fifty (50%) percent of the existing living area of the primary dwelling unit, or eight hundred (800) square feet, whichever is greater, but in no case shall an attached accessary dwelling unit exceed one thousand two hundred (1,200) square feet.

(3)

The total living area of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

(4)

An accessory dwelling unit created within an existing accessory structure may be expanded up to one hundred fifty (150) square feet, but this expansion shall be limited to accommodating ingress and egress.

(5)

The conversion of an existing detached accessory structure or conversion of a portion of an existing primary dwelling unit, as well as new construction of detached accessory dwelling units created with an existing or proposed multiple-family dwelling structure do not have unit size limitations.

(d)

Height.

(1)

Accessory dwelling units shall not exceed thirty-five (35') feet in height.

(e)

Yards.

(1)

The minimum yard requirements shall be as follows:

(i)

Front yard setbacks cannot prevent the creation of an accessory dwelling unit less than eight hundred (800) square feet; and

(ii)

Front, side, and rear setbacks for existing structures converted to an accessory dwelling unit, existing structures partially converted to an accessory dwelling unit, or accessory dwelling units constructed in the same location and to the same dimensions as an existing structure: None; and

(iii)

Side and rear yard setbacks for an accessory dwelling unit: Four (4') feet; and

(iv)

Side and rear yard setbacks for an accessory dwelling unit that is constructed above a garage: Four (4') feet.

(f)

Utilities.

(1)

An accessory dwelling unit may be metered separately from the primary dwelling unit for gas, electricity, communications, water, and sewer services.

(2)

An accessory dwelling unit served by an onsite septic system known as an onsite wastewater treatment system (OWTS), community sewage disposal system, or public sanitary sewer connection shall be subject to the requirements of Chapter 6 of Title 6 of this Code with the approval of Environmental Health or the applicable sewer management agency or organization.

(3)

An accessory dwelling unit water supply system shall be subject to the requirements of Chapter 9 of Title 6 of this Code with the approval of Environmental Health or the applicable water management agency or organization.

(g)

Utility connection fees or capacity charges.

(1)

Utility connection fees or capacity charges may not be imposed on a conversion accessory dwelling unit when the unit is created within the space of an existing single-family dwelling unit.

(h)

Fire sprinklers.

(1)

Fire sprinklers shall be required to be installed in an accessory dwelling unit where fire sprinklers are required by building codes for the proposed primary dwelling unit.

(2)

Fire sprinklers shall not be required to be installed in an accessory dwelling unit where fire sprinklers were not required by building codes for the existing primary dwelling unit.

(3)

In no case shall the new construction of an accessory dwelling unit trigger a requirement for fire sprinklers to be installed in the existing primary dwelling unit.

(i)

Solar Photovoltaic (PV) System.

(1)

New construction detached accessory dwelling units shall be required to install a solar PV system, and the solar PV system can be ground mounted, installed on the roof of the detached accessory dwelling unit, or on the roof of the primary dwelling unit.

(2)

Attached accessory dwelling units and conversion accessory dwelling units shall not be required to install a solar PV system.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4506. - Parking.

(a)

Number of spaces. One off-street parking space is required for accessory dwelling units, except as modified below:

(1)

No off-street parking spaces shall be required for accessory dwelling units that meet any of the following listed instances:

(i)

The accessory dwelling unit is located within one-half mile of public transit.

(ii)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii)

The accessory dwelling unit is part of the existing primary dwelling unit or an existing accessory structure.

(iv)

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

(v)

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

(vi)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multiple-family dwelling structure on the same lot.

(b)

Configuration. If a parking space is required for an accessory dwelling unit, the space may be located within any setback area or in a tandem configuration on a driveway.

(c)

Displacement of existing parking. When accessory dwelling units are created through the conversion of a garage, carport, or covered parking structure, replacement of off-street parking spaces shall not be required.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4507. - Additional requirements.

(a)

Impact fees.

(1)

Accessory dwelling units shall not be subject to impact fees.

(b)

Existing nonconforming units.

(1)

No public improvements shall be required for the creation or conversion of an accessory dwelling unit.

(2)

As a condition for ministerial approval of an accessory dwelling unit, an applicant shall not be required to correct nonconforming zoning conditions.

(c)

Separate conveyance.

(1)

The separate conveyance of an accessory dwelling unit shall be permitted in compliance with State ADU Law.

(d)

Rental/leasing agreements.

(1)

Accessory dwelling units may be leased separate from the primary dwelling unit for terms longer than thirty (30) days, except that a statewide exemption ADU shall be leased for terms longer than thirty (30) days.

(e)

Covenants, Conditions, and Restrictions (CC&Rs).

(1)

Pursuant to California Civil Code Sec. 4751, CC&Rs cannot prohibit or unreasonably restrict the construction or use of an accessory dwelling unit. For purposes of this subdivision, unreasonable restrictions mean restrictions that unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct an accessory dwelling unit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.4508. - Junior accessory dwelling units.

Junior accessory dwelling units shall be subject to the California Building Code and the following development standards:

(a)

Number of junior accessory dwelling units per parcel.

(1)

For parcels developed with an existing or proposed single-family dwelling unit the following shall be permitted:

(i)

One junior accessory dwelling unit is permitted within the existing or proposed walls of the primary singlefamily dwelling unit. Enclosed uses within the primary dwelling unit, such as attached garages, are considered a part of the proposed or existing primary dwelling unit.

(2)

For parcels with an existing or proposed multiple-family dwelling structure(s) junior accessory dwelling units shall not be permitted.

(3)

For parcels developed with an existing or proposed residential component of a mixed use commercial, recreation commercial, or recreation development the following shall be permitted:

(i)

One junior accessory dwelling unit is permitted within the existing or proposed walls of a dwelling unit. Enclosed uses, such as attached garages, are considered a part of the proposed or existing dwelling unit.

(4)

Junior accessory dwelling units shall not be permitted in accessory structures, with the exception of attached garages.

(5)

A junior accessory dwelling unit can be combined with a detached accessory dwelling unit on the same parcel.

(b)

Unit size.

(1)

Junior accessory dwelling units shall not exceed five hundred (500) square feet.

(c)

Features/facilities.

(1)

Each junior accessory dwelling unit shall, at minimum, include:

(i)

Exterior access, separate from the interior entry to the primary dwelling unit.

(ii)

One accessible bathroom, which can be located in the primary dwelling unit. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(iii)

One efficiency kitchen, as defined in Section 9-2.4504.

(d)

Utilities.

(1)

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power, including connection fees.

(2)

A junior accessory dwelling unit served by an onsite septic system known as an onsite wastewater treatment system (OWTS), community sewage disposal system, or public sanitary sewer connection shall be subject to the requirements of Chapter 6 of Title 6 of this Code with the approval of Environmental Health or the applicable sewer management agency or organization.

(3)

A junior accessory dwelling unit water supply system shall be subject to the requirements of Chapter 9 of Title 6 of this Code with the approval of Environmental Health or the applicable water management agency or organization.

(e)

Fire sprinklers.

(1)

Junior accessory dwelling units shall be required to install fire sprinklers if either of the following conditions exist:

(i)

The primary dwelling unit has fire sprinklers.

(ii)

There are any active improvements or additions that would require the primary dwelling unit to install fire sprinklers.

(f)

Solar Photovoltaic (PV) System

(1)

Junior accessory dwelling units shall not be required to install a solar PV system.

(g)

Utility connection fees or capacity charges.

(1)

Utility connection fees or capacity charges may not be imposed on a junior accessory dwelling unit when the unit is created within the space of an existing single-family dwelling unit.

(h)

Separate conveyance.

(1)

The sale of the junior accessory dwelling unit separate from the sale of the primary dwelling unit is not permitted.

(i)

Owner-occupancy requirement.

(1)

The property owner must permanently reside in either the primary dwelling unit or the junior accessory dwelling unit: however, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(j)

Covenants, Conditions, and Restrictions (CC&Rs).

(1)

Pursuant to California Civil Code Sec. 4751, CC&Rs cannot prohibit or unreasonably restrict the construction or use of a junior accessory dwelling unit. For purposes of this subdivision, unreasonable restrictions mean restrictions that unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct a junior accessory dwelling unit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)