3.6. PUBLIC, CIVIC, AND INSTITUTIONAL USE STANDARDS

[AMENDED 06-07-2018]

In the agricultural and agricultural-residential zoning districts, the following uses shall be subject to issuance of a Conditional Use Permit approved by the appropriate authority, as listed in the use tables or herein. The Agricultural Commissioner and the Agricultural Advisory Committee, if existing and active, shall be consulted during the project review process.

• Places of worship

• Private social centers/Fraternal Hall/Lodge

• Adult day care over 36 persons

• Private schools (all sizes)

• Congregate care facilities

• Hospitals

• Social rehabilitation facilities

• Colleges and universities

• Residential care homes over six persons

• Bed and Breakfast Inns

The appropriate authority shall not grant the Conditional Use Permit in these zoning districts, unless it makes the following findings:

1. The proposed development will carry out the intent of the General Plan and the appropriate community plan.

2. The intensity and scale of development is proportional with the allowable residential and agricultural uses in the zone in terms of traffic generation and scale of proposed buildings.

3. The development does not alter the rural character of the community.

4. The development does not result in the need to extend public water and sewer.

5. A greater intensity may only be allowed if the appropriate authority finds that the proposed use is either along a major roadway and similar in scale to nearby established uses (e.g., existing places of worship) or is a continuation of an existing use at a consistent scale with historic activity.

3.6.1.A. Places of Worship and Other Religious Institutions

In the agricultural, and agricultural-residential zoning districts, places of worship and other religious institutions with seating capacity over 150 persons shall be subject to issuance of a Conditional Use Permit approved by the Planning Commission in addition to complying with Section 3.6.0.

3.6.2.A. School, Private

In the commercial and MP zoning districts, a private school with capacity of 500 students or less, shall be subject to a Minor Use Permit approved by the Planning Director. Schools exceeding 500 students in these zoning districts shall be subject to a Conditional Use Permit approved by the Zoning Administrator.

In the agricultural, and agricultural-residential zoning districts, comply with Section 3.6.0.

3.6.3.A. Government and Local Agency Uses and Buildings

1. State and Federal Government Uses and Facilities

   • a. A government use or building owned by a state or federal government entity and located on federal or state-owned property shall be permitted by right in any district.

   • b. A federal or state government use within a privately-owned building, facility, or premises shall be permitted in any zoning district and shall be regulated as set forth this Code for the proposed use to the extent permitted by law.

2. Government Use and Facilities Other than Federal and State

   • a. A government use or building owned by a government entity other than state or federal government within a privately-owned building, facility, or premises shall be permitted in any zoning district and shall be regulated as set forth in this Code for the proposed use to the extent permitted by law.

   • b. If not permitted by paragraph 2.a. above, a government use or building owned by and located on property owned by a government entity other than state or federal government may be allowed by Conditional Use Permit in any zoning district.

3. Privately Owned or Operated Uses in Government-owned Premises

   • a. A private use in a government-owned building, facility, grounds, or other premises shall be regulated as provided for elsewhere in this Code for the use type, except that a use located within a government-owned and operated facility such as a state park or office building that is regulated by that agency shall be a permitted use.

4. A Use Permit will not be required for County agency facilities for which budgetary responsibility rests wholly or partly with the Board of Supervisors, such as the water agencies, airports, dependent park districts, Sacramento Housing and Redevelopment Agency, and where the facility has already been subject to public hearings for the purpose of allocating funds to purchase the property, to construct the facility, or to commit the property to a specific use.

5. A Use Permit will not be required for fire stations if located more than 500 feet from a residential or agricultural residential zoning district, or if the fire station site had been designated on an approved tentative subdivision, and the public notices for the tentative subdivision map indicated that a fire station site was proposed.

[AMENDED 02-24-2017]

3.6.4.A. Cemetery

All areas within cemeteries used for the storage of service vehicles and equipment shall be surrounded by either a sight-barrier fence or screen planting and shall be located not less than 100 feet from the boundary line of a residential zoning district or property used for residential purposes.

3.6.4.B. Community and Market Gardens

[AMENDED 12-01-2017][AMENDED 06-07-2018] [AMENDED 07-16-2020]

Community and Market gardens are permitted, provided that permission to use the property has been given in writing by the property owner and subject to the standards included in this Section. Nothing in this Section shall be construed to preempt any provision related to the cultivation of cannabis as found in Title 6 of the SCC, or the provisions of the Land Grading and Erosion Control Ordinance, Stormwater Quality Ordinance, or Floodplain Management Ordinance.

1. Maintenance

• a. Community and market gardens shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials.

• b. Community and market gardens are situated so that they do not generate odors, pests or noises that negatively affect adjacent properties.

2. Equipment

• a. Regular use of mechanized farm equipment is prohibited in residential districts.

• b. The use of equipment up to 8,000 pounds may be used in the initial preparation of lands for community and market gardens between the hours of 6:00am and 8:00pm and consistent with the Sacramento County Noise Ordinance.

• c. Regular use of standard landscaping and gardening equipment designed for household use is permitted.

• d. Equipment when not in use must be within enclosed structures or otherwise not visible to the public.

3. Structures

Structures used to support community and market gardens, such as tool sheds, greenhouses, produce stands, and instructional spaces are permitted, subject to all other applicable zoning regulations and development standards found in Section 5.3.2.C. for Agricultural and Agricultural-Residential zoning

districts (Table 5.6) and Section 5.4.5.B. in Residential zones (Table 5.10-Agricultural Accessory Structures).

Structures including fencing, pens, barns and similar buildings utilized to secure and shelter animals shall comply with Section 3.9.3.G. All structures shall be constructed of quality materials and situated so that they do not pose a nuisance to surrounding properties.

4. Compost

Compost systems utilized to support urban community and market gardens shall be maintained to be free of pests and odors. Compost systems shall be located away from public street frontages and may not be located within 20 feet of interior property lines.

5. Trash

Trash receptacles used to support community and market gardens shall be located indoors or screened from the street and adjacent properties through the utilization of landscaping, fencing or similar appropriate screening materials.

6. Fencing

Fences related to urban agriculture are permitted as regulated in the underlying zoning districts.

7. Parking

Adequate off-street parking shall be available.

8. Hours of Use

Cultivation, maintenance and harvesting activities shall be limited to between sunrise and sunset.

9. Water Efficiency

Garden areas for edible plants that are incidental to a primary use with traditional landscaping shall be designated as “Special Landscape Areas” (SLA), and comply with the requirements of the Water Efficient Landscape Ordinance and all applicable requirements of the local water purveyor for the site.

Market and community gardens, on vacant lands that are not subject to the Water Efficient Landscape Ordinance, must be in compliance with all applicable requirements of the local water purveyor for the site, and shall include best practices to maximize water efficiency and to avoid water waste.

Appropriate irrigation systems and techniques shall be utilized to maximize water efficiency and avoid water waste to the greatest extent practicable. Irrigation systems and techniques may include

appropriately designed gardens to minimize water evaporation and runoff, the use of drip irrigation systems, the installation of appropriate soil amendments and a mulch layer around plants and other similar techniques.

10. Brownfields

Market and community gardens developed on brownfields or sites that may contain contaminated soils should be reviewed by garden proponents for past uses, including historic crops grown. If past uses indicate a potential for contaminated soils, then the Sacramento County Environmental Management Department shall be consulted with to determine site suitability which may include a program of surficial soils sampling and testing for persistent pesticide and/or industrial chemical residuals.

11. Cultural Resources

Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities associated with community or market gardens, work shall be suspended and the Division of Planning and Environmental Review shall be immediately notified.

At that time, the Division of Planning and Environmental Review will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to CA PRC §5097.97 and CA HSC §7050.5, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.

12. Nonconforming Uses

Community and market gardens in existence prior to the enactment of this Ordinance are considered to have been legally established. If they do not meet the current regulations, they are nonconforming, and changes to size, operation, or other aspects are regulated by Section 1.9. of the Code.

3.6.5.A. Adult Day Care Center

1. In the agricultural, agricultural-residential, and residential zoning districts, an adult day care center facility, with capacity of up to 36 persons, shall be subject to a Conditional Use Permit approved by the Zoning Administrator. An adult day care center facility, exceeding 36 persons, shall be subject to a Conditional Use Permit approved by the Planning Commission. In the agricultural, and agricultural-residential zoning districts, comply with Section 3.6.0.

2. In the recreational zoning districts, adult day care centers shall be subject to a Conditional Use Permit approved by the Planning Commission.

3.6.5.B. Child Day Care Center

1. In the agricultural, agricultural-residential, residential, and recreational zoning districts, a child day care center facility with:

   • a. Capacity of up to eight persons shall be permitted by right;

   • b. Capacity between nine and 14 persons shall be permitted, subject to a Minor Use Permit approved by the Planning Director;

   • c. Capacity of 15 or more persons shall be subject to a Conditional Use Permit approved by the Zoning Administrator.

2. These standards do not apply in the multifamily zones. [ADDED 07-16-2020]

3.6.5.C. Congregate Care Facility, Convalescent Hospital, and Social Rehabilitation Center

In the agricultural and agricultural-residential zoning districts, congregate care facilities, convalescent hospitals, and social rehabilitation centers shall be subject to issuance of a Conditional Use Permit approved by the Planning Commission in addition to complying with Section 3.6.0.

3.6.6.A. Utility and Public Service Facility Uses, Major

1. Transmission Facilities of Sacramento Municipal Utility District (SMUD)

a. Permitting

SMUD electrical transmission lines and substations with less than 100,000-volt capacity are permitted with no review required by the County. Within 60 days of receipt of a proposal from SMUD to locate and construct electrical transmission lines or substations of 100,000-volt or greater capacity, the Board of Supervisors shall conduct a public hearing to consider the compliance of such proposal

with the provisions of this Code, and shall adopt a resolution approving, approving an alternative, or disapproving the proposed facilities. Any such resolution shall contain findings concerning:

• i. The consistency of the proposed facilities with the County's adopted General Plan and community plan;

• ii. Feasible alternatives to the proposal;

• iii. The necessity for, as compared to the impact of, the proposed facilities on the health, convenience, safety, and welfare of County residents.

b. Siting

• i. Electrical transmission lines of 100,000-volt or greater capacity may be located in any zoning district and shall be located in easements or rights of way that permit access for maintenance with minimal disruption to surrounding properties.

• ii. Every reasonable effort shall be exerted to avoid established residential areas. In the event SMUD determines that it has no alternative but to route a 100,000-volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when SMUD can demonstrate that it is not feasible to do so. "Feasible" as used in this use standard shall be defined in CA GOV §53096(c). Preference shall be given to the location of transmission lines in the rank order specified in Sections 3.6.6.A.1.b.ii.1. through 3.6.6.A.1.b.ii.7.:

  1. Within existing SMUD transmission rights of way or those anticipated for other projects proposed, subject to this Code.

  2. Adjacent to railroads or adopted freeway routes.

  3. Along or adjacent to major arterial streets, where existing or planned uses are commercial or industrial.

  4. Adjacent to or through existing or planned commercial, industrial, or agricultural uses.

  5. Along arterial streets where residential uses, designated in an adopted plan, are RD-20 or a greater density.

  6. Through areas where land uses in an adopted plan are predominately commercial, but include residential uses.

  7. Through residential areas, including side and rear yards, irrespective of density.

• iii. “Substation” for the purposes of this Section means any structure with 100,000-volt or greater incoming capacity that either:

  1. Converts electrical energy to a lesser voltage for the purpose of subregional or localized distribution;

  2. Functions as a transition point from overhead to underground electrical transmission lines; or

3. Acts as the point of convergence for two or more transmission lines. Substations may be located on sites in all zoning districts, provided mitigation measures are instituted as provided in Section 3.6.6.A.1.c, “Advisory for Other Permitting Requirements”. Preference shall be given to the location of substations in the following rank order:

   • a. Areas designated for industrial or commercial land uses in an adopted plan.

   • b. Undeveloped areas designated for residential use in an adopted plan.

   • c. Areas designated agricultural urban reserve in an adopted plan.

   • d. Sites designated for residential use in an adopted plan and surrounded by existing residential uses.

c. Advisory for Other Permitting Requirements

• i. Overhead electrical transmission lines of 100,000 volts or greater capacity should be installed in a manner so as to minimize possible adverse impacts to existing land use and conditions, including health, safety, biological, visual, and aesthetic impacts. Consolidating lines on fewer poles should be explored whenever feasible, as long as doing so would not negatively affect reliability or safety. When feasible, SMUD should relocate and combine existing overhead transmission poles and lines with new installations.

• ii. Substations should be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet should be provided on all public street frontages of the parcel. For rights-of-way with PUPFs, planted or landscaped setbacks of at least 31 feet should be provided on all public street frontages of the parcel.

• iii. For rights-of-way with public utilities, public facilities easements, substations should be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setback of at least 31 feet should be provided on all public street frontages of the parcel.

• iv. SMUD proposals to the Board of Supervisors to locate and construct electrical transmission lines and substations subject to this Code should include a description of mitigation measures to be utilized and a plan indicating the specific site treatments to be employed.

3.6.6.B. Utility and Public Service Facility Uses, Minor

The following minor utility and public service facility uses are permitted, as noted in Sections 3.6.6.B.1; otherwise, subject to a Conditional Use Permit approved by the Zoning Administrator.

1. Minor utility distribution facilities such as water well sites, telephone switching vaults, electrical transmission facilities, and similar facilities, if the site had been designated on an approved tentative subdivision map and the final map has been recorded or has been committed to recordation to the satisfaction of the County Engineer.

3.6.6.C. Solar Energy Facilities

[AMENDED 07-16-2020]

The County Board of Supervisors recognizes the need to accommodate new sources of renewable energy to help energy providers meet the requirements of state law for renewable sources. This Section regulates solar energy facilities. Solar energy facilities include solar panels (photovoltaic systems), solar thermal systems that convert solar energy to electricity by heating a working fluid to power a generator, and solar hot water systems designed to heat water for use by either domestic or commercial uses. Definitions applicable to solar energy facilities, including the types of solar facilities are defined in Section 7.3.

1. General Provisions for All Solar Energy Facilities

a.

Solar energy facilities are classified as either accessory solar facilities or commercial solar facilities.

• i. Accessory Solar Facilities are designed to produce no more than what is necessary for on-site energy demand, and include two levels: Accessory I and Accessory II solar facilities.

  1. Accessory I – Rooftop or ground mounted solar panels or hot water systems accessory to a permitted residence where ground mounted systems do not exceed one-half acre.

  2. Accessory II – Rooftop or ground mounted solar panels or solar hot water systems that are accessory to a permitted non-residential use.

ii. Commercial Solar Facilities include two levels: Commercial I and Commercial II solar facilities.

1. Commercial I are photovoltaic technologies (solar panels) or solar thermal technologies producing energy for off-site uses, and covering 10 acres or less.

2. Commercial II are photovoltaic technologies (solar panels) or solar thermal technologies producing energy for off-site uses, and covering more than 10 acres.

b. Process

The permit type required, approving body for each type of solar facility, and need for each solar type are referenced in the applicable use tables (Table 3.1 and 3.2).

c. Safety Certification of Facilities

All solar facilities shall be properly certified as safe and must meet current industry standards of efficiency and longevity.

• i. Solar Panels. All solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

• ii. Solar Hot Water Systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agencies. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation.

2. Accessory I and II Solar Energy Facilities

These facilities may be roof-mounted or ground-mounted. These facilities shall comply with the following:

a. Applicability to Zoning Districts

Accessory I and II solar facilities are allowable in all zoning districts, as indicated in Table 3.2.

b. Application Procedures

• i. Standard application packet required for all planning applications.

• ii. Required certifications for safety.

• iii. No grid-intertied solar system shall be approved until evidence has been given to the Planning Director that the owner has obtained the consent of the utility company for the customer’s intent

to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

c. Area Limitation

Accessory II ground-mounted solar facilities in agricultural zoning districts may occupy up to one-half acre of the site.

d. Setbacks

• i. The setbacks for Accessory I solar facilities shall be the standard setbacks for accessory structures in residential zones.

• ii. The setbacks for Accessory II solar facilities shall be the standard setbacks for the applicable zoning district.

e. Height Limitation

• i. Ground-mounted Accessory I solar facilities shall not exceed the height restrictions for residential accessory structures.

• ii. Roof-mounted solar panels shall extend no more than three feet above the finished roof to which it is mounted.

• iii. Ground-mounted Accessory II solar facilities shall be allowed to a height of 25 feet. Deviations to this height limit may be considered with a Special Development Permit.

• iv. Exceptions to the height requirements for solar panels in a zoning district may be allowed under specific circumstances described in Section 5.2.2.

f. Aesthetics

In considering the placement of solar facilities, aesthetic impacts of solar facilities to surrounding properties and streets shall be minimized, without compromising the performance of the solar facility, by methods which may include:

• i. Locating accessory solar on rooftops or over covered parking areas or other hardscape areas;

• ii. Minimizing aesthetic impacts of rooftop panels facing toward the street. Typical methods to achieve this are to mount panels close to parallel with the pitch of the roof, in close proximity to the roofing material;

iii. Avoiding placement of accessory solar facilities on historic structures;

• iv. Considering visual impacts in placement and design of solar panels. Balance the functionality of the solar facilities with the visual impacts to adjacent properties, or to public access areas (e.g., parks and streets);

• v. Using “integrated solar” photovoltaic panels or a solar hot water system, when appropriate, for lessening aesthetic impacts;

• vi. Using landscaping to lessen the visual impacts of solar facilities to adjacent properties, if possible, without affecting the performance of the solar facility; and

• vii. Avoiding unreasonable glare from solar collectors to adjacent properties.

g. Commercial Parking Reductions

Commercial parking requirements may be reduced as an incentive for installation of solar energy facilities, per Section 5.9.5, Parking Reductions.

h. Landscaping

Alternatives to the landscape standards of Section 5.2.4.F. for new parking lots where ground mounted “carport” style solar facilities are utilized may be considered through the design review process.

3. Commercial I and II Solar Energy Facilities

Solar facilities shall comply with the following provisions, to be included as conditions of approval for the Use Permit:

a. Applicability to Zoning Districts

• i. Commercial Solar I facilities are permitted in Agricultural, Recreational, Mixed-Use, Commercial, and Industrial zoning districts, subject to the applicable Use Permit, indicated in Table 3.1.

b. Application Materials

• i. Standard application packet required for all planning applications, including a site map and elevations

• ii. Landscape and fencing plans and details

• iii. Visual analysis, as needed, of views from impacted residences, roadways, etc.

• iv. Solar pathways study, when merited by possible shading over the life of the project

• v. Signage warning of site dangers

vi. Security Plan (fencing, surveillance cameras, etc.)

• vii. Purchase power agreement signed by the utility or other purchaser

viii. Reclamation Plan

• ix. Decommission Plan

• x. No grid-intertied photovoltaic system shall be approved until evidence has been provided to the Planning Director that the owner has obtained the consent of the utility company for the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

c. Location

• i. Avoid Prime Farmlands, unless mitigated consistent with County policy.

• ii. Avoid sensitive habitat areas, unless mitigated consistent with County policy.

• iii. Avoid locations in the viewscapes of scenic highways or in areas that would impact the views from historic places.

• iv. Solar facilities are not allowed on Williamson Act Agricultural Preserves except when specifically allowed under the Williamson Act contract.

• v. Solar facilities shall not be allowed where it has been determined the facility will adversely impact airport flight operations, including military flight paths.

d. Setbacks

The standard setbacks for structures in the applicable zoning district shall apply to the construction of commercial solar energy facilities.

e. Fencing

• i. Security fencing is required to protect the site. The fencing shall be:

  1. Vinyl covered cyclone fence, neutral colors, or

  2. Vinyl slats, neutral color compatible with fence color, or

  3. Alternative fencing may be considered by the appropriate hearing body.

f. Landscaping

[AMENDED 12-01-2017]

• i. The applicant shall submit a landscape plan to Planning and Environmental Review which shall include the location, description and timing of plantings, fences, sound walls as required by the Code, and berms. The description of fencing shall include color and materials, when appropriate. The landscaping plan shall be designed to be generally compatible with the surrounding uses and existing landscaping patterns, to the satisfaction of the Landscape Architect, Planning and Environmental Review.

• ii. In rural areas, the following shall be considered when approving the landscape plan:

  1. Maintenance of visual openness and the preservation of rural character through design that may include clustering of plant species;

2. Protection of watering systems and/or landscaping from theft; and

   3. Availability of water source.

• iii. Landscaping shall be designed to bring immediate aesthetic relief upon planting by designating minimum sized plantings appropriate to the project and its surroundings.

• iv. Landscaped areas shall be kept free of trash and weeds.

g. Operations

• i. Maintain and operate facilities in compliance with County and State health regulations.

h. Reclamation

• i. Reclamation shall start within six months, and be completed within 18 months, after operation cease or expiration of the Use Permit.

i. Decommission Plan

• i. The Decommissioning Plan which shall include at a minimum, a detailed plan for decommissioning and deconstruction of the solar facility and for restoration of the site.

• ii. The Decommissioning Plan shall be developed and approved to the satisfaction of the Planning Director.

j. Performance and Financial Assurance Guarantees

• i. Prior to issuance of any building permits, the applicant shall provide performance and financial assurance guarantees in an amount sufficient to ensure the performance of the approved

Decommissioning Plan. The performance and financial guarantees shall be provided and approved to the satisfaction of the Planning Director.

• ii. The performance and financial assurance guarantee may be comprised of, but not limited to, one or more of the following to the satisfaction of the Planning Director: an irrevocable letter of credit; or a trust fund or escrow established and maintained in accordance with the approved financial assurances and practices to guarantee that decommissioning will be completed in accordance with the approved Decommissioning Plan.

k. Signage

• i. Warning signs and no trespassing signs shall be placed at entryways to the site and at regular intervals around the site.

• ii. No advertising shall be allowed on fencing or equipment.

3.6.6.D. Wind Turbine Facilities

The County Board of Supervisors recognizes the need to accommodate new sources of renewable energy to help energy providers meet the requirements of state law for renewable sources. This Section regulates wind turbine facilities, including small wind turbines and large wind turbines, as defined in Section 7.3.

1. General Provisions for All Wind Turbine Facilities

• a. Wind turbine facilities have been classified as either, small wind turbines or large wind turbines.

  • i. Small Wind Turbines are rated 20kW or less, and are designed to produce no more than what is necessary for on-site energy demand.

  • ii. Large Wind Turbines are all other wind energy systems.

b. Process

The permit type required, approving body for each type of wind turbine facility, and need for each wind facility type are described in Table 3.1.

c. Safety Certification of Facilities

• i. All wind turbine energy systems for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters

Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability (CA GOV §65850-§65863.13).

• ii. All wind turbines must be certified to either the International Electrotechnical Commission 61400-2 (IEC 61400-2) standard or the American Wind Energy Association 9.1-2009 (AWEA 9.1-2009) standard by the Small Wind Certification Council (SWCC) or a Nationally Recognized Testing Laboratory (NRTL) such as Intertek.

• iii. All wind turbines must also have a certified power curve tested to the standards of IEC 6140012-1, or Section 2 of the AWEA 9.1-2009 standards. The certified power curve must also come from the Small Wind Certification Council (SWCC) or a Nationally Recognized Testing Laboratory (NRTL).

2. Small Wind Turbines

a. Applicability to Zoning Districts

Small wind turbines are allowed in all zoning districts, as addressed in Table 3.1.

b. Application Procedures

• i. Standard application packet required for all planning applications, including site plans and elevations.

• ii. Required certifications for safety.

• iii. No grid-intertied wind system shall be approved until evidence has been provided to the Planning Director that the owner has obtained consent by the utility company for the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

c. Setbacks

The standard setbacks for structures in the applicable zoning district shall apply to the construction of small wind turbines.

d. Height Limitation

• i. Ground-mounted wind turbines shall not exceed the standard height restrictions for structures in the applicable zoning district.

• ii. Roof-mounted small wind turbines shall extend no more than six feet above the finished roof of the building to which it is mounted.

• iii. Exceptions to the height requirements for wind turbines may be allowed under specific circumstances, as described in Section 5.2.2.

e. Aesthetics

Aesthetic impacts of small wind turbines shall be avoided by methods which may include:

• i. Avoiding placement of small wind turbines on the street side of a building;

• ii. Avoiding placement of small wind turbines on historic structures;

• iii. Balancing the functionality of small wind turbines with the visual impacts to adjacent properties, or to public access areas, such as parks and streets. Consider visual impacts in the placement and design of small wind turbines; and

• iv. Using landscaping to lessen the visual impacts of small wind turbines to adjacent properties.

f. Noise

Small wind turbines are subject to the noise standards for new uses under General Plan Policy. Noise calculations shall not be adjusted (e.g. averaged) for non-operational periods.

g. Density Bonuses for Accessory Wind Facilities

Multifamily developments proposing installation of small wind turbines shall be eligible for a density bonus as regulated in Section 6.4.6.G.

• i. Any subdivision of land in any residential zone that will allow the development of at least four new lots of record may increase the maximum number of lots by up to 25 percent, per Section 6.4.6.G.2.b(ii), provided:

  1. All setbacks can be met with the increased density, and

  2. The project includes the installation of a small wind turbine, with the potential to produce at least one kilowatt for each new residence.

h. Commercial Parking Reductions

Commercial parking requirements may be reduced as an incentive for installation of small wind energy facilities, per Section 5.9.5, “Parking Reductions”.

3. Large Wind Turbines

a. Applicability to Zoning Districts

Large wind turbines are permitted in agricultural, mixed use and industrial zoning districts, subject to issuance of a Conditional Use Permit approved by the Planning Commission, as defined in Table 3.1.

b. Application Procedures

• i. Standard application packet required for all planning applications, including a site map and elevations

ii. Required certifications for safety

• iii. Visual analysis, as needed, of views from impacted residences, roadways, etc.

• iv. Signage warning of site dangers

• ii. Decommissioning Plan

• iii. No grid-intertied wind turbine system shall be approved until evidence has been provided to the Planning Director that the owner has obtained consent by the utility company for the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

c. Location

• i. Avoid Prime Farmlands, unless mitigated consistent with County policy.

• ii. Avoid sensitive habitat areas, unless mitigated consistent with County policy.

• iii. Avoid locations in the viewscapes of scenic highways or in areas that would impact the views from historic places.

• iv. Wind turbine facilities are not allowed on Williamson Act Agricultural Preserves except when specifically allowed under the Williamson Act contract.

• v. Wind turbine facilities shall not be allowed where it has been determined the facility will adversely impact airport flight operations, including military flight paths.

d. Setbacks

The standard setbacks for structures in the applicable zoning district shall apply to the construction of large wind turbines.

e. Fencing

• i. Security fencing is required to protect the site. The fencing shall be:

1. Vinyl covered cyclone fence, neutral colors; 2. Vinyl slats, neutral color compatible with fence color; or 3. Alternative fencing may be considered by the appropriate hearing body.

f. Noise

Large wind turbines are subject to the noise standards for new uses under General Plan Policy. Noise calculations shall not be adjusted (e.g. averaged) for non-operational periods.

g. Landscaping

[AMENDED 12-01-2017]

• i. The applicant shall submit a landscape plan to Planning and Environmental Review which shall include the location, description and timing of plantings, fences, sound walls as required by the Code, and berms. The description of fencing shall include color and materials. The landscaping plan shall be designed to be generally compatible with the surrounding uses and existing landscaping patterns, to the satisfaction of the Landscape Architect, Planning and Environmental Review.

• ii. In rural areas the following shall be considered when approving the landscape plan:

  1. Maintenance of visual openness and the preservation of rural character through design that may include clustering of plant species;

  2. Protection of watering systems and/or landscaping from theft; and

  3. Availability of water source.

• iii. Landscaping shall be designed to bring immediate aesthetic relief upon planting by designating minimum sized plantings appropriate to the project and its surroundings.

iv. Landscaped areas shall be kept free of trash and weeds.

h. Operations

Maintain and operate facilities in compliance with County and State health regulations.

i. Reclamation

Reclamation shall start within six months and be completed within 18 months after operations cease or expiration of the Use Permit.

j. Decommission Plan

[AMENDED 12-01-2017]

• i. The applicant shall provide to Planning and Environmental Review prior to approval of the wind turbine facility, a Decommissioning Plan which shall include at a minimum detailed plan for decommissioning and deconstruction of the wind turbine facility and for restoration of the site.

• ii. The Decommissioning Plan shall be developed and approved to the satisfaction of the Planning Director.

k. Performance and Financial Assurance Guarantees

• i. Prior to issuance of any building permits, the applicant shall provide performance and financial assurance guarantees in an amount sufficient to ensure the performance of the approved Decommissioning Plan. The performance and financial guarantees shall be provided and approved to the satisfaction of the Planning Director.

• ii. The performance and financial assurance guarantee may be comprised of, but not limited to, one or more of the following to the satisfaction of the Planning Director: an irrevocable letter of credit; or a trust fund or escrow established and maintained in accordance with the approved financial assurances and practices to guarantee that decommissioning will be completed in accordance with the approved Decommissioning Plan.

l. Signage

• i. Warning signs and no trespassing signs shall be placed at entryways to the site and at regular intervals around the site.

• ii. No advertising shall be allowed on fencing or equipment.

3.6.7.A. Wireless Communication Facilities, Small Cell WCFs, and Eligible Facility WCFs

The County Board of Supervisors recognizes the need to accommodate Wireless Communications Facilities (WCFs), Small Cell WCFs, and Eligible Facility WCFs, and has promulgated the following use and development standards to address them within the unincorporated areas of the County.

1. WCF Use Standards

a.

For the purposes of regulating WCFs, zoning districts are organized into Groups, as show in Table 3.6.1, below.

Table 3.6.1 Zoning Groups for WCFs [1]

Group Zoning Districts Group RD, AR, O, C-O, RM-2, DW, RR, and SPA zoning districts (unless otherwise specified in the 1 particular SPA ordinance. Group BP, LC, GC, and Mixed-Use zoning districts 2 Group M-1, M-2, MP, AG, IR, and UR zoning districts 3

[1] WCFs area not allowed within Public Rights of Way (PROWs) in any zoning district unless classified as a Small Cell WCF or Eligible Facility WCF.

b. Appropriate Authority for Approval

• i. Group 1 zoning districts: Subject to the issuance of a Conditional Use Permit approved by the Planning Commission, provided they meet the development standards of Section 3.6.7.A.4, Table 3.6.2, as applicable. The Planning Commission may impose conditions on the Use Permit as outlined in Sections 6.4.3.E.3 and 6.4.3.E.4.

• ii. Group 2 and Group 3 zoning districts: Subject to the issuance of a Conditional Use Permit approved by the Zoning Administrator, provided they meet the development standards of Section 3.6.7.A.4, Table 3.6.2, as applicable. The Zoning Administrator may impose conditions on the Use Permit as outlined in Sections 6.4.3.E.3 and 6.4.3.E.4.

2. Small Cell WCF Use Standards

a. Attached to existing infrastructure:

• i. Permitted in all zoning districts provided they:

  1. Meet the development standards of Section 3.6.7.A.5, Table 3.6.3, as applicable.

  2. Enter into a Master License Agreement with the County of Sacramento, if County Facilities are to be utilized.

  3. Receive all required authorizations from non-County entities (such as PG&E or SMUD) to proceed with the installation of the antenna or any associated communication facilities on their facilities.

4. Receive an Encroachment Permit and/or Pole Licenses by the Director of the Department of Transportation (DOT) or designee if located within a Public Right of Way (PROW).

b. New Towers

• i. Permitted in all zoning districts provided they obtain a Minor Use Permit, and

  1. Meet the development standards of Section 3.6.7.A.5, Table 3.6.3, as applicable.

  2. Receive an Encroachment Permit or Pole License by the Director of the Department of Transportation (DOT) or designee if located within a Public Right of Way (PROW).

3. Eligible Facility WCF Use Standards

Permitted in all zoning districts, provided that the Eligible Facility WCF falls within the Federal Communications Commission (FCC) guidelines for “Eligible Facilities Requests,” as described in 47 C.F.R. Subsection 1.6100(b)(3) & (7), and updated from time to time.

4. WCF Development Standards

The Development Standards for WCFs are summarized in Table 3.6.2.

Table 3.6.2 WCF Development Standards

This table has been split into multiple tables to comply with accessibility requirements. The following four tables shall all be referred to as a part of Table 3.6.2.

WCFs – New Towers

WCFs – Façade Mounted Antennas

WCFs – Roof-Mounted Antennas

Standard

All WCF Zone Groups

attached.

WCFs – Ancillary Equipment and Enclosures

[1] If incorporated into a sign or on a sign, water tank, utility pole or tower, light standard, or similar, the Wireless Communications Facility shall be treated as building facade mounted.

5. Small Cell WCF Development Standards

The development standards for Small Cell WCFs are summarized in Table 3.6.3.

This table has been split into multiple tables to comply with accessibility requirements. The following three tables shall all be referred to as a part of Table 3.6.3.

Small Cell WCFs - Attached Antennas

Small Cell WCFs – New Towers

Equipment

[1] Existing structures in this case shall include utility poles or light poles but do not include traffic signals or decorative light standards as identified by DOT. [2] The Small Cell WCF may include substitution of a pole for the existing structure in order to conceal equipment and support antenna array safely. Replacement poles may be considered existing infrastructure for purposes of permitting requirements. Replacement poles must maintain the setback and height of the existing structure. [3] Maximum height shall include antenna array.

• a. Facilities that do not meet the standards of Table 3.6.3 will not be considered Small Cell WCFs, as defined, and so will be subject to issuance of a Conditional Use Permit as outlined in Section 3.6.7.A.1, and the development standards of Section 3.6.7.A.4, Table 3.6.2.

6. Eligible Facility Development Standards

• a. Eligible Facility WCFs that do not meet the standards of an “Eligible Facilities Request,” as defined, are considered a new WCF, and are subject to issuance of a Conditional Use Permit as outlined in Section 3.6.7.A.1, and the development standards of Section 3.6.7.A.4, Table 3.6.2.

7.

In addition to the requirements listed in this Section, all Wireless Communication Facilities are subject to all other applicable regulations and permits, including those of the Public Utilities Commission (PUC) of the State of California and the Federal Communication Commission (FCC).