San Diego County Municipal Code Part Six Miscellaneous General Regulations

Ambulance services in zones subject to the RU Use Regulations shall comply with the following provisions.

a. Exclusive Use. No business, other than emergency ambulance service, shall be conducted on the premises nor shall any office equipment or signs be located on the premises.

b. Setback. The ambulance service shall be located no farther than 1,500 feet from an improved road which is designated as no less than a Minor Collector by the Mobility Element of the San Diego County General Plan.

c. Use of Warning Equipment. No siren or flashing lights or any other emergency warning equipment shall be used prior to reaching such Collector Highway as described in subsection "b" above.

d. Storage. Ambulance shall be parked or stored entirely within an enclosed building.

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

a. Continued Operation of Previously Existing Cemeteries. By Ordinance No. 7854 (N.S.), Division 6, entitled "CEMETERIES", of Title 8 of the San Diego County Code, was repealed, in recognition that the requirement of this Zoning Ordinance that a major use permit be obtained for the establishment or expansion of a cemetery, substantially satisfied the objectives of said Division 6. Said Division 6 required a cemetery permit for the establishment or maintenance of a cemetery, except for their continued maintenance, development and operation within the boundaries of cemeteries as established on February 24, 1942. Therefore, for purposes of this Zoning Ordinance, cemeteries which were legally established on or before February 24, 1942 and have not discontinued operation pursuant to Section 6865, shall be deemed to be nonconforming uses.

b. Additional Standards for Cemeteries. Before any Major Use Permit for a cemetery may be granted or modified, in addition to the findings required by Section 7358, it shall be found, based upon a financial statement of the applicant and such measures or programs as the applicant may propose, that the cemetery will be established, cared for and maintained in such a manner as to prevent the same from becoming a public nuisance.

(Added by Ord. No. 7850 (N.S.) adopted 1-16-91)

The provisions of this Section and purpose of these regulations is to allow organic material processing as a primary use for commercial scale operations to divert organic materials from landfills.

Organic Materials and Organic Materials Processing refers to the processing of agricultural material, food material, vegetative food material, and green material as defined in Section 6977, subsection b.1 and 2. Standards and requirements for commercial operations are defined below and referenced within the Organic Materials Ordinance in Section 6977.

Processing operations shall comply with the following provision:

a. Location. No processing operation shall be located closer than 1/2 mile from property in a zone which does not permit large commercial organic processing operations; provided that this requirement need not be met if the Director of Planning & Development Services, Planning Commission, or Board of Supervisors finds that a closer location will not adversely affect property in a zone which does not permit large commercial organic processing because of one or more of the following circumstances:

1. The effect of natural topography will largely negate any adverse influences of the processing operations on property in such zone; or

2. The property in such zone is vacant or essentially vacant due to its topography, location, access, or other factors, and is not reasonably expected to be developed within the time period for which the administrative permit or use permit is granted.

b. Minimum Site Area. No processing operation shall be established or maintained on a lot or parcel unless such lot or parcel is 5 acres or more in area, except operations qualifying for an administrative permit may occur on parcels smaller than 5 acres if the County finds that the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures.

c. Setback. No building, machinery or stockpile in connection with the operation subject to this section shall be maintained closer than 1,000 feet from the nearest pool, tennis court, public playground or dwelling located outside the boundary of the parcel or contiguous parcels associated with the processing operation at the time the applicable permit is granted. This requirement need not be met if the Director of Planning & Development Services, Planning Commission or Board of Supervisors finds that the processing operations will not create significant adverse impacts to residences or other facilities listed above within said 1,000 feet and that of the applicable permit findings at Section 7060 and 7358 can be made.

d. Operation Plan. The applicant shall submit with their application plans, specifications and a description of the operation in sufficient detail so that the proposed operation can be fully evaluated as to any potential adverse effects on surrounding territory. Such plans shall include but not necessarily be limited to the following:

1. Site Plan showing the location of all structures and functions of the operation.

2. A description of machinery, process, products, and organic materials to be processed with associated volumes, and organic processing practice.

3. Specifications for the mechanisms and techniques to be used in the suppression of odors, air contaminants and flies at all times before, during and after the processing operation.

4. A Best Management Practices Plan (BMP Plan) and Odor Impact Minimization Plan (OIMP) is required for commercial organic operations. Requirements are defined in Section 6977, subsection i. and j.

e. Director of Environmental Health and Quality Review. The Director of Environmental Health and Quality shall review all applications and make recommendations thereon, including recommendations as to conditions deemed necessary to assure adequate minimization of odors, air contaminants, flies and other hazards of the public health.

f. Water Quality Control Board Review. The Director of Planning & Development Services shall send a copy of each application to the appropriate California Regional Water Quality Control Board for information and, if said Board so elects, for recommendation to the Approving Authority.

g. Permitting Requirements. County of San Diego Commercial Organic Materials Processing volume limits and associated permits are described as follows:

Commercial Operations(1)(2)

∙ Agricultural + Green Feedstock can be processed up to 12,500 cubic yards at any given time with an Administrative Permit. Anything over 12,500 cubic yards at a given time will require a Major Use Permit.

∙ Agricultural + Green + Vegetative Food Feedstock can be processed up to 12,500 cubic yards at a given time with an Administrative Permit. Anything over 12,500 cubic yards at a given time will require a Major Use Permit.

∙ Agricultural + Green + Vegetative Food + Food Feedstock in any amount requires a Major Use Permit.

Large In-vessel Operations/Facilities

∙ In-vessel organic processing with anything over 15 tons per day will require an Administrative Permit. Anything over 100 tons per day or 700 tons per week will require a Major Use Permit.

Note 1: If a commercial organic materials operation is less than 100 cubic yards at a given time, refer to Section 6977 for permitting requirements.

Note 2: Anaerobic digestion systems for commercial processing of organic materials are permitted under this section.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 8292 (N.S.) adopted 8-4-93) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 9676 (N.S.) adopted 9-22-04) (Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

Lot lines shall not be relocated so as to do any of the following:

a. Impair any legal access or create a need for new access to any adjacent lots or parcels.

b. Impair any existing easements, create a need for any new easements serving any adjacent lots or parcels or cause any of the lots or parcels involved to be without safe and adequate access.

c. Require substantial alteration of any existing public improvement or create a need for any new public improvements, unless approval is given by the Director, Department of Public Works.

d. Adjust the boundary between lots or parcels for which a Covenant of Improvement Requirements has been recorded and all required improvements stated therein have not been completed unless the Director determines the proposed boundary adjustment will not significantly affect said Covenant of Improvement Requirements.

e. Include any lots or parcels, which in the Director's judgment, based on design, size, or specification of the original document creating the parcel, were not intended as a building site.

f. Negate any condition imposed or finding made in the original action or actions that created any or all of the lots involved in any such relocation of a lot line.

g. Negate any action or measure imposed to mitigate environmental impacts at the time any or all of the lots involved in any such relocation of a lot line were created.

h. Result in any lot or lots which utilize or propose to utilize an individual sewage disposal system, unless said lot or lots have been certified by the Director of Environmental Health as being approved for the installation of a sewage disposal system in accordance with the Septic Tank Ordinance, said certification to be dated no earlier than one year prior to the filing of said request for relocation of lot line(s). The Director of Environmental Health may exempt a boundary adjustment lot(s) from certification when the lot line changes will not impact the ability of the lot(s) to utilize an individual sewage disposal system.

i. Result in any increase in noncompliance to the lot design requirements specified in Section 81.401 of the County Subdivision Ordinance.

j. Result in any lot or lots which do not comply with all applicable zoning regulations, except that in the case of a lot or lots which did not conform to zoning regulations prior to the lot line relocation, the relocation may be approved if it does not result in any greater degree of nonconformity.

k. Include any area determined by the Director of Public Works to be subject to flooding or inundation unless the limits of said area are delineated by a distinctive boundary line, clearly labeled, with an appropriate note stating said area is subject to flooding or inundation.

l. Where the Director has made the determination referred to in Section 67.711 of the San Diego County Code, lot lines may not be relocated so as to result in lots zoned for residential use that are smaller than the minimum parcel sizes set forth in San Diego County Code Section 67.722.A (within the San Diego County Groundwater Ordinance), except that an existing parcel smaller than the applicable minimum parcel size set forth in said Section 67.722.A need not be made to conform to the minimum, so long as it is not further reduced in size by the Adjustment Plat.

m. Include all or any portion of a lot that was created without a parcel map under Government Code Section 66428(a)(2).

n. Result is a property with split commercial and residential zoning, whereby the purpose of the Adjustment Plat is to allow commercial parking in a residential zone as allowed by Section 4011 of the Zoning Ordinance.

(Amended by Ord. No. 9826 (N.S.) adopted 01-31-07) (Added by Ord. No. 7178 (N.S.) adopted 8-6-86) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

All explosive storage shall comply with the following provisions.

a. Conformance to Federal and State Law. Explosive storage shall conform to all applicable provisions of federal and state law, including the tables of quantity and distance criteria, except where conditions of the Major Use Permit are more stringent, in which case such conditions shall apply.

b. Location. The area in which explosive storage is proposed shall be open in character and essentially free of development.

c. Setbacks. Explosive storage shall comply with the minimum setback distances as required by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

d. Buffering. Explosives storage shall be effectively screened by a natural land form or artificial barricade either surrounding the entire site or surrounding each magazine located thereon, which land form or barricade shall be of such height that:

1. A straight line drawn from the top of any side wall of all magazines to any part of the nearest building or structure will pass through said land form or barricade; and

2. A straight line drawn from the top of any side wall of all magazines to any point 12 feet above the centerline of a railroad or a street traversable by the public will pass through said land form or barricade.

Artificial barricades shall be a mound or revetted wall of earth with a minimum thickness of 3 feet.

e. Compliance Review. A Major Use Permit for storage of explosives shall be conditioned to require the submittal of a compliance report to the Department once every 5 years (from the date of approval of the Use Permit) demonstrating, to the satisfaction on the Director, that the use meets the requirements of this section and all applicable conditions of the Major Use Permit. As a result of such review, the Director may determine that the use is in compliance with the Major Use Permit or may determine that the Major Use Permit shall be subject to review by the Approving Authority. As the result of such review, or at any time, if said Approving Authority finds that circumstances or conditions have changed so that the use no longer meets the requirements of this section or the conditions of the Major Use Permit, said permit may be modified, or revoked, whichever is more appropriate.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

All fire protection services, and also law enforcement services in the A72 and S92 Use Regulations, shall require Site Plan review in accordance with the Site Plan Review Procedure commencing at Section 7150 and the following guidelines.

a. Site Plan Review Required. Prior to the issuance of any building permit, grading plan or construction of any structure or conversion of any existing structure for use as a fire station, or in the A72 and S92 Use Regulations as a law enforcement station, a Site Plan of the proposed station shall be submitted to the Director for review and evaluation.

b. Content of the Site Plan. Application for Site Plan review shall be submitted to the Director and shall be accompanied by such data and information as he may require including maps, plans, drawings, sketches and documented material as is necessary to show:

1. Boundaries and existing topography of the property, and adjoining or nearby streets;

2. Location and height of all existing buildings and structures, existing trees and the proposed disposition or use thereof;

3. Location, height, building elevations, and proposed use of all proposed or existing structures, including walls, fences and freestanding signs, and location and extent of the building site;

4. Location and dimensions of ingress and egress points, interior roads and driveways, parking areas, and pedestrian walkways;

5. Location and treatment of important drainageways, including underground drainage systems;

6. Proposed grading and removal of natural materials, including finished topography of the site;

7. Proposed landscaping plan including location of exterior lighting fixtures and underground fuel storage facilities and aboveground pumps.

c. Site Plan Review Criteria. The Site Plan shall be reviewed and evaluated by the Director for conformance with the following criteria.

1. All elements of the proposed fire protection or law enforcement services are consistent with the intent and purpose and meet the requirements of this section and applicable zone requirements.

2. Buildings and structures will be so located on the site as to create a generally attractive appearance and be agreeably related to surrounding development and the natural environment.

3. Insofar as is feasible, natural topography and scenic features of the site will be retained and incorporated into the proposed development.

4. Any grading or earth-moving operations in connection with the proposed station are planned and will be executed so as to blend with the existing terrain both on and adjacent to the site.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

a. For any application for a Minor Use Permit for a farm labor camp which is subject to the waiver of fees pursuant to Section 7602.d.5, prior to the approval of the Minor Use Permit the property owner shall enter into a contract with the County agreeing to specific rental terms and conditions which make low cost housing available to farm employees and will allow for periodic inspections of the housing by County employees. The form of the contract shall have been approved by the Board of Supervisors.

b. Farm labor camp housing shall be removed or converted to another allowed use at such time as the commercial agriculture to which it relates ceases operation for more than twelve consecutive months following the date of occupancy on the building permit issued for the farm labor camp housing.

c. For any application for a Minor Use Permit for a farm labor camp which is subject to the waiver of fees pursuant to Section 7602 d.7, prior to the submittal of the Minor Use Permit application the property owner shall enter into a contract with the County agreeing to specific rental terms and conditions which make low cost housing available to farm employees and will allow for periodic inspections of the housing by County employees. The form of the contract shall have been approved by the Board of Supervisors.

d. Prior to submitting an application for a building permit for a farm labor camp project, the property owner shall enter into a contract with the County agreeing to specific terms and conditions. The form of the contract shall have been approved by the Board of Supervisors.

e. Evidence of Commercial Agriculture. Prior to approval of the Minor Use Permit for a Farm Labor Camp the property owner shall provide appropriate evidence to the satisfaction of the Director of an active Commercial Agricultural Operation. A Horse Stable or Horsekeeping are not considered evidence of Commercial Agriculture for Farm Labor Camps.

f. On an annual basis, the property owner shall file a certificate with the Director stating that the Commercial Agricultural operation to which the housing is related is still active and that the tenants are employed as Farm Employees. Failure to file the certificate will indicate the Commercial Agriculture has ceased.

(Added by Ord. No. 7768 (N.S.) adopted 6-13-90) (Amended by Ord. No. 7790 (N.S.) adopted 08-01-90. This ordinance will expire on August 31, 1993, unless extended in connection with GPA 93-02) (Amended by Ord. No. 8086 (N.S.) adopted 6-16-92) (Amended by Ord. No. 8271 (N.S.) adopted 6-30-93) (Amended by Ord. No. 10003 (N.S.) adopted 8-5-09) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Crematoriums shall comply with the following provisions:

a. Separation Requirement. In any zone where the Funeral and Interment Services: Cremating use type is permitted, or within any cemetery, no use permit for a crematorium use shall be approved if said use is within 650 feet of:

1. Any lot or parcel upon which one or more residences are the primary use at the time of initial application for the use permit for a crematorium,

2. Any residential use regulations, or

3. Any school or public playground, park or recreational area.

This 650 foot distance, without regard to intervening structures, shall be measured as a straight line from the closest exterior structural wall of a crematorium to the closest property line of a residence which is a primary use, area zoned with residential use regulations, or school, public playground, park or recreational area. A Variance may be granted from this separation requirement pursuant to the Variance Procedure commencing at Section 7100.

This separation requirement shall not apply to a subsequent application for modification of a previously approved and still valid crematorium use permit, unless said modification would enlarge the outside dimensions of the building(s) and/or structures housing the crematory operation.

Application of this separation requirement shall be at the discretion of the approving authority when rendering a decision on a Major Use Permit for a crematorium, the building permit application for which was on file with the County prior to the effective date of this Section.

b. Exception to Section 1019. Notwithstanding Section 1019, no application for a building permit for a Funeral and Interment Services: Cremating use type shall be accepted or approved where the proposed use or facility would violate Section 2545(b) or Section 2585(b).

(Added by Ord. No. 8318 (N.S.) adopted 10-27-93)

Additional Standards for Columbaria. Before any Major Use Permit or Minor Use Permit for a Columbarium may be granted or modified, in addition to the findings required by Section 7358, it shall be found that the Columbarium will be located upon land owned in fee interest by the operator of the associated Religious Assembly Use Type.

(Added by Ord. No. 9151 (N.S.) adopted 5-10-00)

All Mini-Warehouses shall comply with the following provisions:

a. Commercial Uses Not Allowed. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant but in no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business or service use.

b. Size and Uses. Individual storage spaces within a mini-warehouse shall have a maximum gross floor area of 400 square feet and shall not be used for workshops, hobbyshops, manufacturing or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials.

c. Driveways. Driveways between mini-warehouse buildings on the same site shall have a minimum width of 24 feet to accommodate the temporary parking of vehicles during loading and unloading operations.

d. Mini-Warehouses in Residential Areas. In areas where mini-warehouses are permitted upon issuance of a Major Use Permit under the residential use regulations, they may only be located on relatively flat parcels of land of not less than 1 acre and not greater then 5 acres where any portion of such parcels are on the periphery of residential areas impacted by noise levels from adjacent roads in excess of 60 CNEL.

e. Enclosure Regulations. The Enclosure Regulations to the contrary notwithstanding, open storage of boats and/or recreational vehicles, may be permitted as an accessory use in connection with a major use permit for a mini-warehouse.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

The provisions of Section 6910 shall be known as the Wholesale Limited, Boutique and Small Wineries Regulations. The purpose of these regulations is to promote production of wine from fruit grown in San Diego County, to support local agriculture and to prescribe reasonable standards and procedures for the operation of wineries. Commercial activities not expressly allowed pursuant to the provisions of Section 6910 are prohibited, except for permitted uses consistent with the Zoning Ordinance and Agricultural Tourism as defined in Section 6157.b if all qualifying criteria are met.

a. Wholesale Limited Winery. A Wholesale Limited Winery shall comply with the following provisions:

1. Prior to the occupancy of the winery structures and the production of wine, a Wholesale Limited Winery shall have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by the Bureau, and a current 02 Winegrowers license issued by the California Department of Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic Beverage Control that allow other types of alcohol sales are prohibited.

2. On-site sales to the public of wine and other goods from the winery, tasting rooms, and/or special events, including but not limited to weddings and parties, are prohibited. Internet sales, phone sales and mail-order sales are allowed.

3. The maximum floor area of a production facility (non-residential structure(s) used to crush, ferment, store and bottle fruit, wine and other products and equipment used in winemaking, including shipping, receiving, laboratory, maintenance and offices) is limited as follows

No barns, agricultural storage buildings and/or other accessory structures permitted pursuant to Section 6156 shall be used as a production facility for the Wholesale Limited Winery Use.

4. A minimum of 25% of the winery’s production shall be from fruit grown on the premises. Up to 75% of the winery’s production may be from sourced fruit/juice from inside or outside San Diego County.

No wine produced off of the premises may be used in the winery’s production or sold from the premises.

i. The owner of the winery shall keep records detailing the amount of fruit grown on the premises and the amount of fruit and/or juice imported from off the premises, to demonstrate compliance with this Section.

ii. The records shall indicate the dates of receipt and quantities of all imported fruit and/or juice and shall indicate the off-site growers name, address and location of the growing operation from which the fruit is imported.

iii. All records shall be provided within 14 days of request by County staff.

5. Wine production shall be less than 12,000 gallons annually.

6. All operations shall comply with the provisions of Section 36.401 et seq. of the San Diego County Code relating to Noise Abatement and Control.

7. A Wholesale Limited Winery shall demonstrate compliance with the adopted standards of the applicable fire service provider.

b. Boutique Winery. A Boutique Winery shall comply with the following provisions:

1. Prior to the occupancy of the winery structures and the production of wine, a Boutique Winery shall have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by the Bureau, and a current 02 Winegrowers license issued by the California Department of Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic Beverage Control that allow other types of alcohol sales are prohibited.

2. Wine production shall be less than 12,000 gallons annually.

3. A minimum of 25% of the winery's production shall be from fruit grown on the premises. A minimum of 50% of the winery's production shall be from fruit grown in San Diego County or from sourced juice and/or wine produced in San Diego County with San Diego County grown grapes. No more than 25% of the winery’s production may consist of fruit, juice or non-bottled bulk wine sourced from outside San Diego County.

i. The owner of the winery shall maintain records detailing the total annual production amount of fruit grown on the premises and the amount of fruit, juice and/or wine imported from off the premises, to demonstrate compliance with this Section.

ii. The records shall indicate the dates of receipt and quantities of all imported fruit, juice and/or wine and shall indicate the off-site growers name, address and location of the growing operation from which the fruit/juice and/or wine is imported.

iii. All records shall be provided within 14 days of request by County staff.

4. The maximum floor area of the production facility (non-residential structure(s)) used to crush, ferment, store and bottle fruit, wine and other products and equipment used in winemaking, including shipping, receiving, laboratory, maintenance and offices, is limited as follows:

No barns, agricultural storage buildings and/or other accessory structures permitted pursuant to Section 6156 shall be used as a production facility, tasting/retail sales area, or live music area for the Boutique Winery.

5. The Boutique Winery structures permitted in Section 6910.b.4 may contain one designated tasting/retail sales area in addition to the Boutique Winery structures permitted in 6910.b.4. Live music at Boutique Wineries must be accessory to winery sales and tasting activities, and no additional square footage shall be allowed for the live music use, beyond the tasting/retail sales area maximum square footage noted in this Section. The designated tasting/retail sales area shall be accessory to wine production, shall not exceed 30% of the total square footage of all permitted Boutique Winery production facility structures, and shall comply with the following:

i. All areas accessed by the public must be permitted and constructed in compliance with the applicable commercial building code, including the requirements of the Americans with Disabilities Act;

ii. Barns and agricultural storage buildings on the premises which are not permitted as part of the Boutique Winery production facility shall not be included for purposes of calculating the allowed area of the tasting/retail sales area;

iii. For the purposes of this Section, a tasting/retail sales area is defined as a room, cave, trellis and/or outdoor patio area (covered or uncovered) that is dedicated for wine tasting and sales of wines produced on-site, food-related items, and live music;

iv. The California Retail Food Code and the food provisions of the County Code apply as provided in those codes; and

v. Internet, phone and mail-order sales are allowed.

6. Events, including but not limited to weddings and parties, are prohibited except as provided in this Section. An event, for purposes of this Section, is defined as the use of the site for organized activities or gatherings, including any activities or gatherings that are advertised or promoted. The following types of activities and gatherings are allowed and can be advertised, ticketed and promoted as incidental promotion of the winery:

∙ Wine production

∙ Wine sales

∙ Wine tasting

∙ Agricultural instruction

∙ Educational tours

Live music, as allowed subject to additional criteria in this Section, does not constitute a prohibited event provided it is incidental to the primary activities listed above, and does not require a separate paid ticket or entry fee. Allowed winery activities may be open to the public or limited to wine club members or other ticketed participants. For private activities, the winery may close in order to limit entry.

Pursuant to Section 6106 of the Zoning Ordinance, Community Events as defined in and as limited by Chapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) may be allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

7. Amplified live and mechanical music, both indoor and outdoor, is allowed pursuant to the following requirements:

i. Winery operators facilitating the performance of live music entertainment by entertainers shall be subject to the San Diego County Code of Regulatory Ordinances, Title 2, Division 1, Chapter 21 requirements regulating Entertainment Establishments (i.e., Entertainment Establishment License). An Entertainment Establishment License does not exempt a winery operator from any Zoning Ordinance requirements.

a) Mechanical music produced only by a jukebox, radio, stereo system, hi-fi system, CD player, tape player or other similar device, not accompanied by a disc jockey or other announcer, is allowed pursuant to all applicable standards, criteria, and regulations and is not subject to an Entertainment License.

b) A musical performance is not an Agricultural Tourism activity pursuant to Section 6157.b, private event, or concert.

c) A Boutique Winery and any accompanying live music shall not be considered a Section 1535 Spectator Sports and Entertainment use.

d) Live amplified music shall only be allowed during tasting room hours of operation, from 10:00 a.m. to legal sunset (until 6 p.m. from November 1 to March 1).

e) Musical performances can be advertised incidental to promoting a winery.

f) Karaoke is prohibited.

g) Prior to providing live amplified music, all necessary building permits must be obtained, and all outstanding code violations must be resolved.

h) Total site occupancy limits as provided in Section b.16 shall not be exceeded in order to accommodate live music.

8. Outdoor amplified music levels shall comply with the sound level limits at property lines as provided in the County of San Diego Code of Regulatory Ordinances, Title 3, Division 6, Chapter 4, Section 36.404, General Sound Level Limits (50 dBA at the property line). All sound measurements shall be conducted in accordance with guidelines provided in the San Diego County Code of Regulatory Ordinances Title 3, Division 6, Chapter 4, Section 36.403, Sound Level Measurement. For the purposes of this Section, outdoor is defined as any location that is not within a fully enclosed structure.

Outdoor amplified live music shall adhere to the following requirements:

i. Outdoor amplified music shall comply with the setback requirements and decibel levels provided in Table 6910.1, Sound Levels and Attenuating Setback Distances, to ensure compliance with the County of San Diego Code of Regulatory Ordinances, Title 3, Division 6, Chapter 4, Section 36.404, General Sound Level Limits.

ii. Amplifiers, speakers, and other music amplification devices shall adhere to a minimum 200-foot setback from all property lines. In accordance with Table 6910.1, additional setback distance will be required for sound levels greater than 75 dBA as measured 10 feet from the source.

iii. A Boutique Winery that cannot meet the Table 6910.1 setback requirements for sound levels as measured 10 feet from the source, due to site-specific constraints, or intends to provide outdoor amplified music louder than 92 dBA, as measured 10 feet from the source, shall submit a Zoning Verification Permit application, which shall include a site-specific noise study prepared by a County-approved California Environmental Quality Act consultant for acoustics. The site-specific noise study shall show how the decibel level at the property line complies with sound level limits as provided in the County of San Diego Code of Regulatory Ordinances Title 3, Division 6, Chapter 4, Section 36.404, General Sound Level Limits. In addition, the site-specific noise study shall identify any required noise attenuating site design features that may be required to meet the property line noise limits.

iv. A Boutique Winery that is found to be providing live music in excess of property line sound level limits as provided in the County of San Diego Code of Regulatory Ordinances Title 3, Division 6, Chapter 4, Section 36.404, General Sound Level Limits, based on an investigation by the PDS Code Compliance Division, can be required to submit a Zoning Verification Permit application, which shall include a site-specific noise study prepared by a County-approved California Environmental Quality Act consultant for acoustics. The site-specific noise study shall show how the decibel level at the property line complies with sound level limits as provided in the County of San Diego Code of Regulatory Ordinances Title 3, Division 6, Chapter 4, Section 36.404, General Sound Level Limits.

Table 6910.1 Sound Levels and Attenuating Setback Distances

9. All operations shall comply with the provisions of Section 36.401 et seq. of the San Diego County Code relating to Noise Abatement and Control.

10. The sale and consumption of pre-packaged food is allowed on the premises. Refrigeration shall be permitted by the County of San Diego Department of Environmental Health and Quality (DEHQ). Catered food service is allowed by a DEHQ-permitted caterer, but no food preparation is allowed at a Boutique Winery, except as described below in this Section. Catered food service includes the provision of food that is ready to eat and that has been prepared off the Boutique Winery premises.

i. One mobile food facility may be allowed on the Boutique Winery premises to serve the patrons of the tasting room during the approved hours of operation as specified in 6910.b.11;

ii. The mobile food facility shall not be parked in the required parking spaces for winery patrons or employees, nor shall it interfere with the safe ingress or egress to and from the premises;

iii. The mobile food facility shall have a valid Mobile Food Facility Health Permit from DEHQ and shall conform to all requirements applicable to a mobile food facility, including access to a permitted commercial restroom.

11. A tasting/retail sales area in conjunction with a Boutique Winery may be open to the public seven days a week from 10 a.m. until legal sunset, or until 6 p.m. from November 1 through March 1.

12. A minimum of six parking spaces shall be provided for patrons using the Boutique Winery, and a minimum of three spaces shall be provided for Boutique Winery operations and employees. No parking for a Boutique Winery is allowed off the premises.

13. The on-site driveway and parking area used to access the Boutique Winery shall not be dirt. The on-site driveway and parking area may be surfaced with chip seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes. Any disabled access parking stalls, access aisles, and accessible routes provided for compliance with California Building Code chapter 11B shall be stable, firm, and slip-resistant.

14. Vehicles with a capacity in excess of 15 passengers are not allowed to serve the Boutique Winery.

15. A Boutique Winery shall demonstrate compliance with the adopted standards of the applicable fire service provider.

16. Total site occupancy for a Boutique Winery shall be limited to the combined sum of the maximum occupancy for all permitted winery structures and patios (covered and uncovered patios) open to the public. During building permit review and as part of PDS input for Entertainment Establishment licensing (for wineries seeking an Entertainment Establishment license to host live music), the PDS Building and Zoning Division will set maximum occupancy for all commercial winery structures and patios open to the public, to inform the maximum site occupancy.

c. Small Winery. A Small Winery shall comply with the following provisions:

1. Prior to the occupancy of the winery structures and the production of wine, a Small Winery shall have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by the Bureau, and a current 02 Winegrowers license issued by the California Department of Alcoholic Beverage Control. The applicant shall disclose if any other licenses issued by the California Department of Alcoholic Beverage Control will be relied upon for operations at the Small Winery.

2. Wine production shall be less than 120,000 gallons annually.

3. A minimum of 25% of the winery's production shall be from fruit grown on the premises. An additional minimum of 25% of the winery's production shall be from fruit grown or juice/wine produced in San Diego County with San Diego County grown grapes. No more than 50% of the winery’s production may consist of sourced fruit, juice or wine from outside San Diego County.

i. The owner of the winery shall maintain records detailing the amount of fruit grown on the premises (including properties pursuant to subsection iv) and the amount of fruit/juice and/or wine imported from off the premises, to demonstrate compliance with this Section.

ii. The records shall indicate the dates of receipt and quantities of all imported fruit/juice and/or wine and shall indicate the off-site growers name, address and location of the growing operation from which the fruit/juice and/or wine is imported.

iii. All records shall be provided within 14 days of request by County.

iv. “Fruit grown on the premises,” as that phrase is used above in c.3, may include fruit grown on a separate property or properties under the same ownership or lease as the Small Winery, provided all of the following criteria are met:

a) “Separate property” or “properties” shall mean parcels located within the County that are not contiguous to one another, are under the same ownership or lease as the Small Winery, and are part of the same Small Winery operation;

b) All properties shall be clearly delineated and included as part of the Small Winery Administrative Permit and shall be subject to all conditions of approval;

c) Only one of the parcels shall have the wine production facilities, tasting area and/or event areas. That parcel shall be a minimum of 4 acres in size;

d) For wineries smaller than 8 acres in size, at least 50% of the “fruit grown on the premises” shall be grown on the parcel which contains the wine production facilities and tasting area. For wineries 8 acres or larger in size, at least 25% of the “fruit grown on the premises shall be grown on the parcel which contains the wine production facilities and tasting area;

e) Events of any kind are permitted only on the parcel which contains the production facility, tasting area, and approved event areas. No events shall be permitted on any of the other properties included as part of the Small Winery.

4. The California Retail Food Code and the food provisions of the County Code apply as provided in those codes. The sale and consumption of pre-packaged food is allowed on the premises. Refrigeration shall be permitted by the County of San Diego Department of Environmental Health (DEH). Catered food service is allowed by a DEH-permitted caterer, but no food preparation is allowed at a Small Winery, except as described below in this Section. Catered food service includes the provision of food that is ready to eat and that has been prepared off the Small Winery premises.

i. One mobile food facility may be allowed on the Small Winery premises to serve the patrons during the approved hours of operation;

ii. The mobile food facility shall not be parked in the required parking spaces for winery patrons or employees, nor shall it interfere with the safe ingress or egress to and from the premises;

iii. The mobile food facility shall have a valid Mobile Food Facility Health Permit from the Department of Environmental Health and shall conform to all requirements applicable to a mobile food facility, including access to a permitted commercial restroom.

5. Events, including but not limited to weddings and parties, may be allowed as specified in the Administrative Permit upon the making of the findings in Section 6910.c.6. Events shall comply with the requirements of Section 21.201 et seq. of the County Code.

Pursuant to Section 6106 of the Zoning Ordinance, Community Events as defined in and as limited by Chapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) are allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

6. An Administrative Permit for a Small Winery is required and may be approved in accordance with the Administrative Permit Procedure commencing at Section 7050 if it is found:

i. That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:

a) Harmony in scale, bulk, coverage and density.

b) The availability of public facilities, services and utilities.

c) The harmful effect, if any, upon desirable neighborhood character.

d) The generation of traffic and the capacity and physical character of surrounding streets.

e) The suitability of the site for the type and intensity of use or development which is proposed.

f) Any other relevant impact of the proposed use.

ii. That the impacts, as described in paragraph "i" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan.

iii. That the requirements of the California Environmental Quality Act have been complied with.

iv. Notice shall be provided pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other affected person pursuant to Section 7060.d.

7. A Small Winery shall demonstrate compliance with the adopted standards of the applicable fire service provider.

(Added by Ord. No. 9940 (N.S.) adopted 6-18-08) (Amended by Ord. No. 10067 (N.S.) adopted 8-4-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10425 (N.S.) adopted 4-27-16) (Amended by Ord. No. 10592 (N.S.) adopted 2-27-19) (Amended by Ord. No. 10653 (N.S.) adopted 1-29-20) (Amended by Ord. No. 10974 (N.S.) adopted 2-11-26)

Emergency Shelters (See Section 1334) shall comply with the following provisions, in addition to all other applicable County codes, except when subsection (g) Section 1006 applies, and any requirements imposed by the State Department of Housing and Community Development:

a. The maximum number of clients permitted to be served (eating, showering or sleeping) nightly shall not exceed 1 per 125 sq. ft. of floor area. There shall be one bed provided for each client.

b. Off street parking shall be provided as follows: one parking space per employee on site at the same time..

c. The client waiting and/or intake areas shall be as follows:

1. The interior waiting/intake area for a facility with 14 or fewer beds shall be no less than 125 sq. ft. and for a facility with 15 or more beds shall be no less than 200 sq. ft. in area.

2. The exterior waiting/intake area shall be no less than 450 sq. ft. for facilities with 14 beds or fewer. The exterior waiting/intake area shall be no less than 900 sq. ft. for facilities with 15 beds or more. Exterior waiting/intake areas shall be screened from view from surrounding properties by solid fencing of not less than 6 feet in height. Fencing shall conform to the requirements of Section 6700 et. seq.

d. An individual or individuals who do not utilize the homeless beds and/or services and who maintain their own residence off site may be eligible as on site manager(s). Each facility shall have manager(s) present onsite 24 hours per day, 7 days per week. At a minimum, one on site manager and one supporting staff member of the same sex shall be provided in each segregated sleeping area being used.

e. Segregated sleeping, lavatory and bathing areas shall be provided if the Emergency Shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families.

f. No Emergency Shelter shall be located within 300 feet of another Emergency Shelter.

g. No client shall be allowed to stay more than 180 consecutive days or 300 overall days within any 12 month period of time.

h. Lighting shall be provided in all parking areas, exterior intake and/or waiting areas and outside common areas. Outdoor lighting shall conform to all provisions of Section 6324 of this Zoning Ordinance and Section 51.201 and following of the San Diego County Code.

i. Adequate security shall be provided on site during all hours of operation.

j. For purposes of this section, “client” is defined as a person who utilizes the Emergency Shelter facilities to eat, shower or sleep but is not a staff member.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10767 (N.S.) adopted 1-26-22) (Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

Community Gardens are allowed in all zones where Tree Crops or Row and Field Crops are permitted, subject to the following regulations:

a. Hours of Operation. Hours of operation shall be limited to the hours between sunrise and sunset.

b. Permitted structures. Accessory structures, such as storage sheds for tools and other supplies, greenhouses and/or an Agricultural Stand, may be allowed in a community garden pursuant to Section 6156.

c. Parking. A minimum of 2 parking spaces shall be provided on the lot when there is no on-street parking allowed adjacent to the community garden property.

d. Water Use. Wasting water is prohibited pursuant to County Code Section 86.725. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are encouraged. All hoses shall be equipped with a trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.

e. Composting. Composting and other organic materials processing may be performed onsite in accordance with Section 6977 of the Zoning Ordinance.

f. Organic Gardening. Organic gardening is strongly encouraged.

g. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite for the proper disposal of refuse. The receptacles shall be screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site regularly so that the receptacle area and the lot are kept free from litter.

h. Sale of Produce and Plants. Sale of produce or plants raised on the site is allowed only from a permitted Agricultural Stand, subject to all provisions of 6156.q. Otherwise, on-site sales of produce, plants or any other items are prohibited.

i. Prohibited plants. Planting illegal or invasive plants, as defined in County Code Section 86.701 et seq., shall be prohibited.

All other applicable codes and ordinances shall apply to Community Gardens, including but not limited to Groundwater Ordinance, Grading Ordinance and Noise Ordinance. Applicable permits from other departments or agencies may be required.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17) (Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

The Aquaponics use type refers to a form or agriculture combining the cultivation of plants in water (Hydroponics) and raising of fish (Aquaculture) in a symbiotic, closed-loop system.

Aquaponics uses shall comply with the following provisions:

a. The limitation on the number of animals allowed on a property pursuant to Section 3100(g) Specialty Animal Raising: Other, shall not apply to the number of fish raised as part of an Aquaponics use provided all requirements of this section are met.

b. The use is conducted within a permitted, enclosed greenhouse(s) and/or agricultural structure(s) and any additional required permits are obtained from the Building Division.

c. Structures shall comply with the setback regulations of the zone in Section 4810 and with the Animal Enclosure Setback Table, Section 3112. The most restrictive setback shall apply.

d Odors shall not be detectable from surrounding properties.

e. All operations, including equipment such as exhaust fans, circulating pumps and/or generators shall comply with the provisions of Section 36.401 et seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control. Noise barriers shall be installed around any noise generating equipment if necessary to meet the required limitations.

f. Comply with all applicable requirements of California Department of Fish and Game for fish species that are raised for human consumption, comply with all applicable requirements of California Department of Food and Agriculture and all applicable permit requirements with the Department of Environmental Health.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Small home lot developments are allowed in multi-family zones where two or more attached or detached units would be allowed on the same lot per the zoning ordinance. Small home lot developments are subject to the provisions outlined in California Government Code Section 66499.40. A small home lot development must meet the following requirements:

a. The proposed development is located on a lot zoned for multifamily residential development that is no larger than five acres and is substantially surrounded by qualified urban uses as defined in Section 21072 of the Public Resources Code. The residential properties within a radius of 500 feet of the site are zoned to have an allowable residential density of less than 30 dwelling units per acre.

b. The development proponent proposes to construct single-family housing units on fee simple ownership lots

c. Meets a minimum unit requirement and consists of single-family housing units with an total area of floor space of up to 1,750 net habitable square feet.

d. That the units comply with external existing height and setback requirements applicable to the multifamily site.

e. For properties that are included as sites in the Housing Element, the development must result in at least as many units as projected for that parcel in the Housing Element. a small home development may not be built on a site identified to accommodate low or very-low income units in the Housing Element

For properties that are not included as sites in the Housing Element, the development must result in the maximum number of units allowed under the density, unless there is a density range. For properties with a density range, the development must result in at least the number of units allowed by the “mid-range” density.

f. The proposed small home lot development shall not require the demolition of: housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income; housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; housing occupied by tenants within the seven years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit; or, a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

g. Small home lot development is not subject to any of the following requirements:

1. A setback requirement between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).

2. A minimum requirement on the size of an individual small home lot created by the development.

3. A requirement that parking be enclosed or covered.

4. The formation of a homeowners’ association.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

a. Purpose and Intent. The purpose of this Section is to establish development standards for low barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

b. Applicability. The provisions of this section shall apply to all low-barrier navigation center projects. Low-barrier navigation centers are allowed by-right (not subject to a discretionary permit or approval) in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. Low-barrier navigation centers will be permitted where multi-family residential is allowed by a combination of building type designator and use classification as identified in Section 2000: Use Regulations and Section 4310: Building Type Schedule. Low barrier navigation centers must meet the following requirements:

1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

a. Purpose and Intent. The purpose of this section is to ensure that housing development projects that meet the definition of supportive housing as defined in California Government Code Section 65650 are reviewed and processed ministerially pursuant to California Government Code Section 65583(c)(3).

b. Applicability. Supportive housing shall be a use by right (not subject to discretionary permit or approval) in all zones where multifamily and mixed-uses are permitted.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

a. Purpose and Intent. The purpose and intent of this Section is to provide a means for establishing certain limited commercial and industrial uses to provide products and services to rural areas which are not currently zoned commercial or industrial but would benefit from the application of such limited commercial and industrial uses. Furthermore, it is intended that these limited commercial and industrial uses be used in conjunction with a dwelling and that said uses, although more extensive than home occupations, do not significantly alter or disturb the residential or rural nature of the premises or the surrounding community.

b. Permit.

1. Cottage Industries are permitted, upon issuance of a Minor Use Permit, only in the A70, A72, S90 and S92 Use Regulations, and in the RR Use Regulations on parcels of four acres gross or larger.

2. A Minor Use Permit for a Cottage Industry shall be granted for seven years, unless the Director determines that a shorter period is more appropriate to insure conformance with the intent and standards of this section or other applicable requirements. Any person holding an unexpired Minor Use Permit for a cottage industry may apply for a modification pursuant to Section 7378 to extend its expiration date. The expiration date of any unexpired Minor Use Permit for a cottage industry which was granted prior to September 13, 1991 shall, however, be automatically extended by operation of Ordinance No. 7964 (N.S.) to September 13, 1998.

3. The Director, in acting on an unexpired Minor Use Permit for a cottage industry which was granted prior to September 13, 1991, shall not apply the 1,000 square foot maximum floor area standard specified in Section 6920d.4. below. The maximum floor area applicable to an unexpired Minor Use Permit for a cottage industry which was granted prior to September 13, 1991 shall be the square footage authorized and constructed prior to September 13, 1991.

c. General Standard. The particular uses conducted by the Cottage Industry, and their operation and appearance, shall not change or disturb the residential or rural character of the premises or its surroundings.

d. Specific Standards. Cottage Industries shall conform to the following requirements:

1. The Cottage Industry shall be a secondary use of a parcel containing a dwelling occupied as the principal residence of the owner or operator of the Cottage Industry.

2. The use shall be conducted entirely within a dwelling, garage, or accessory building which retains the appearance of buildings normally associated with dwellings.

3. Dwellings or garages modified in conjunction with this use shall, on sides adjacent to streets, retain the appearance of a single detached dwelling and garage. The required number of off-street parking spaces shall be maintained.

4. The maximum floor area devoted to the use shall not exceed 1,000 square feet.

5. Not more than 3 persons may be employed on the premises in addition to the members of a single family residing on the premises.

6. No on-premise signs or advertising is permitted except as permitted for home occupations (one sign not exceeding 2 square feet in area displaying the name and occupation of the occupant).

7. No Cottage Industry may be owned, operated, managed, or leased by any person within one mile of any other Cottage Industry owned, operated, managed, or leased by the same person.

8. The Cottage Industry shall conform to the Performance Standards for the applicable use regulations. (See Section 6300)

9. Production of goods shall be by hand manufacturing methods which involve the use of hand tools or mechanical equipment not exceeding the use of five horse power at any one time, or a single kiln not exceeding 8 cubic feet in volume. The applicant shall provide a description, including horsepower ratings, of all power tools intended to be utilized.

10. Incidental direct sale to consumers of only those goods produced on site may be permitted subject to any limitations specified by the Minor Use Permit.

e. Decision. If the officer or body having jurisdiction over a permit for a Cottage Industry determines that a particular use does not comply with all applicable regulations or that the permit cannot be conditioned by adequate requirements to ensure compliance with all applicable regulations, the permit shall be denied.

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79) (Amended by Ord. No. 6195 (N.S.) adopted 12-2-81) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 7964 (N.S.) adopted 8-14-91) (Amended by Ord. No. 8698 (N.S.) adopted 7-17-96) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

a. Purpose and Intent. It is the purpose of this section to establish reasonable and uniform regulation to prevent the concentration of adult entertainment establishments, as defined herein, and to protect the public health, safety and welfare, within the unincorporated area of San Diego County. It is the intent of this section that the regulations be utilized to preserve the character of neighborhoods and property values and to deter the spread of crime and prevent problems of blight, deterioration, and public safety which often accompany and are brought about by the concentration and operation of adult entertainment establishments.

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

b. Permit required; Standards for Location.

1. No person shall cause or permit the establishment, operation, enlargement or transfer of ownership or control of any adult entertainment establishment without first obtaining an Administrative Permit pursuant to this section from the Director.

i. Upon receipt of an application, the Director shall send a notification to all occupants and owners of record of properties within a 1,000-foot radius of the proposed site.

ii. Interested persons notified under section subsection b.1.i may submit written comments to the Director solely on the issue of whether or not the proposed site complies with subsection b.2.

iii. The Director shall make a decision to grant or deny the Administrative Permit within 15 days of the initial filing of the application.

iv. The Director shall make a decision based solely upon the completeness of the application and evidence relevant to the objective zoning and distance standards specified in subsection b.2, including any written comments from interested persons.

2. The application for an Administrative Permit for an adult entertainment establishment shall be approved unless said establishment is within 500 feet of any area zoned so as to permit the family residential use type as a primary use by right, or within 600 feet of any church, school, public playground, or park or within 1,000 feet of another such adult entertainment establishment. No Variance shall be approved for an adult entertainment establishment to deviate from these distance standards. Establishment of a residential use, church, school, public playground or park located within the aforementioned distance restrictions subsequent to the filing of an application for a permit for an adult entertainment establishment shall not render the adult entertainment establishment a non-conforming use.

3. In the event that an Administrative Permit for an Adult Entertainment Establishment is appealed and the court has not decided the validity of the denial within thirty days after the petition is filed, the Director shall issue a temporary permit for an Adult Entertainment Establishment. The temporary permit shall remain in effect only until the court has rendered its opinion concerning the validity of the denial. Court challenges shall be governed by California Code of Civil Procedure § 1094.8.

(Repealed and reenacted by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 9469 (N.S.) adopted 6-12-02) (Amended by Ord. No. 9745 (N.S.) adopted 12-14-05)

c. Measure of Distance. Distance, without regard to intervening structures, shall be:

1. A straight line measured from the closest property lines of any two adult entertainment establishments.

2. A straight line measured from the closest property lines of the adult entertainment establishment to the closest property line of a church, school, public playground, park, recreational area, or area zoned so as to permit the family residential use type as a primary use by right.

3. If any portion of a parcel falls within the distance criteria referenced in Section 6930, said parcel shall be prohibited from the development of any Adult Entertainment Establishment.

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

d. Activities. For the purpose of this ordinance, the following activities as defined in Sections following Section 1110 shall be deemed adult entertainment.

• 1. Adult Arcade/Peep Show
• 2. Adult Bookstore, Adult Novelty Store, Adult Video Store
• 3. Adult Cabaret
• 4. Adult Drive-In Theater
• 5. Adult Mini-Motion Picture Theater
• 6. Adult Model Studio
• 7. Adult Hotel or Motel
• 8. Adult Motion Picture Theater
• 9. Adult Theater
• 10. Body Painting Studio
• 11. Sexual Encounter Establishment

12. Any other business which involves Specified Sexual Activities or display of Specified Anatomical Areas.

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

e. Nothwithstanding Section 6852, an adult entertainment establishment which was lawfully established before May 15, 2002 shall be allowed to continue as a nonconforming use for three (3) years. The Adult Entertainment Establishment shall have the right to apply for a six-month extension of this period upon a showing of financial hardship to the Director. In making a decision regarding an extension, the Director shall consider: 1) the availability of alternative locations; 2) the term of the lease; 3) the cost of any improvements that would only be of use to the Adult Business; and 4) the potential for other conforming uses to locate on the site.

Any nonconforming adult entertainment establishment shall not be expanded, enlarged, extended or altered except that the use may be changed to a conforming use.

f. As used in this section, "Establishing an Adult Entertainment Establishment" shall mean:

1. The opening or commencement of any such establishment as a new establishment; or

2. The conversion of an existing establishment, whether or not an adult entertainment establishment, to any of the adult entertainment establishments defined herein; or

3. The addition of any of the adult entertainment establishments defined herein to any other existing adult entertainment establishments; or

4. The relocation of any such establishment.

g. As used in this section, "Transfer of Ownership or Control" shall mean:

1. The sale, lease or sublease of such establishment; or

2. The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange or similar means; or

3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such establishment, except for transfers by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85) (Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

h. Exception to Section 1019. Notwithstanding Section 1019, no application for an Administrative Permit or a building permit for an adult entertainment establishment shall be accepted or approved where the proposed use or facility would violate Section 6930 b.

(Added by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Added by Ord. No. 10061 (N.S.) adopted 6-30-10) (Amended by Ord. No. 10118 (N.S.) adopted 1-25-11) (Amended by Ord. No. 10461 (N.S.) adopted 4-14-17) (Repealed by Ord. No. 10749 (N.S.) adopted 10-06-21)

The use of a trailer coach outside a mobilehome park is permitted for the following purposes:

a. Administrative office, business office, sales office, or living quarters for security personnel upon approval of a Site Plan or its Modification when such office or quarters is incidental to a business or civic use permitted by applicable use or special area regulations requiring a Site Plan. A use permit or its Modification shall be required for such office or quarters if no Site Plan is otherwise required for the use of the property.

b. Classroom for public or private schools where the trailer coach and use thereof complies with subdivision (b) of Section 39248 of the Education Code.

c. Dwelling for security personnel on a public or private school site.

d. Dwelling on a private lot established pursuant to Section 6502.

e. Housing established pursuant to the Accessory Use Regulations.

f. Owner-occupied independent mobilehome, one-unit mobilehome park, or single-unit farm employee mobilehome legally established pursuant to the former provisions of Ordinance 1402.

g. Temporary uses pursuant to Section 6118.

h. Housing as an accessory use in a County Park or parks operated by a Community Services District or other public agency.

The above mentioned trailer coaches shall comply with the provisions of Chapter 2, of Division 6, Title 5, of the County Code of Regulatory Ordinances relating to trailer coaches.

(Added by Ord. No. 6082 (N.S.) adopted 6-10-81) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 7048 (N.S.) adopted 10-09-85) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

The provisions of Section 6950 thru 6959 shall be known as the Renewable Energy Regulations. The purpose of these provisions is to prescribe reasonable standards and procedures for the installation and operation of Solar Energy Systems and Wind Turbines.

(Added by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85) (Amended by Ord. No. 7117 (N.S.) adopted 4-23-86) (Amended by Ord. No. 9596 (N.S.) adopted 9-17-03) (Amended by Ord. No. 10073 (N.S.) adopted 9-15-10) (Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Small wind turbines shall comply with the following provisions:

a. A maximum of three small wind turbines is allowed on a legal lot as an accessory use to the primary use of the lot in accordance with the following requirements:

1. Setbacks. The following setback requirements apply:

i. A small wind turbine shall be setback from all private road easements and public roads by a minimum of the distance equal to the wind turbine height or the applicable setback requirements of the zone, whichever is greater. The wind turbine shall also be setback from all property lines by a minimum of the distance equal to the wind turbine height, the applicable setback requirement of the zone or 30 feet, whichever is greater. The wind turbine shall also meet the fire code setback requirements.

ii. No part of the wind turbine shall be closer than 300 feet or five times the turbine height, whichever is greater, from the following:

a. Electric power transmission towers and lines.

b. Blue line watercourse(s) or water bodies as identified on the current United States Geological Survey Topographic Map as posted on the United States Geological Survey website

c. Significant roost sites for bat species as identified on the Small Wind Turbine Constraints map dated October 12, 2012 on file with the department of Planning and Development Services based on data from the California Natural Diversity Database and San Diego Natural History Museum Maps.

d. Recorded open space easements and designated preserve areas.

e. Riparian vegetation as identified on the County Wetland Vegetation Map dated October 12, 2012.

iii. No part of a wind turbine shall be closer than 4,000 feet from a known golden eagle nest site. Parcels within 4,000 feet of known golden eagle nest sites are identified on the Small Wind Turbine Constraints Map dated October 12, 2012 on file with the Department of Planning and Development Services and based on data provided by the U.S. Fish and Wildlife Service.

2. Area of Disturbance. A small wind turbine shall not result in an area of ground disturbance (including grading, clearing, brushing, or grubbing) during installation that is larger than a 25 foot radius around the base of a tower, and an access path to the tower that is a maximum of four feet wide. The entire area of disturbance shall be clearly defined on the plans submitted for Zoning Verification Permit review.

3. Barriers. Public access to a small wind turbine shall be restricted through the use of a fence with locked gates or non-climbable towers.

4. Noise. A small wind turbine shall comply with the applicable sound level limits in the Noise Ordinance, County Code section 36.401 et seq.

5. Height. The wind turbine height may exceed the height limit of the zone in accordance with section 4620.j, but shall not exceed 80 feet.

6. Lighting. A small wind turbine shall not include any exterior lights unless required by law.

7. Turbine Certification. A small wind turbine shall be listed on the May 23, 2012, California Energy Commission, List of Eligible Small Turbines. A small wind turbine that is not on this list may be used only if the Director determines that the turbine will generate the amount of energy stated in the manufacturer’s specifications (i.e., the rated capacity is accurate).

8. Historic Resources. A small wind turbine shall not be located on a parcel listed in the National Register of Historic Places or the California Register of Historical Resources.

9. Ridgelines. A small wind turbine tower shall not be located on a ridgeline, and the turbine blades shall not exceed the height of the ridgeline in an area within 150 feet of the ridgeline.

10. Design. A small wind turbine shall meet the following design criteria:

i. Trellis. Use of trellis style towers is prohibited.

ii. Guy -Wires. Use of guy-wires is prohibited; turbine towers shall be self supporting.

iii. Tower Base. The entire area within 10 feet of the base of a turbine tower shall be cleared of all vegetation and shall be covered with gravel, mulch or other similar material to prevent the growth of vegetation.

iv. Power lines. All power lines connecting turbine towers and/or generators to a structure(s) shall be installed underground.

v. Safety. A small wind turbine shall be equipped with manual and automatic over speed controls.

vi. Non-Operational. Except for periods of maintenance, a small wind turbine that meets the definition of “Wind Turbine, Non-Operational” in Section 1110 shall be removed from the site within 180 days from the date of becoming non-operational. Upon written request by the Department of Planning and Development Services, the owner of the property on which a turbine is located shall provide documentation to the satisfaction of the Director that the Director may use to determine the operational status of the small turbine.

11. Military Operating Areas. The Department of Planning and Development Services shall provide written notice to the appropriate branch of the United States military prior to the issuance of a Zoning Verification Permit for a small wind turbine located in a Military Operating Area. The notice shall include a description of the location and height of the proposed small wind turbine.

12. Pre-Approved Mitigation Area. A small turbine is allowed on a legal lot designated as Pre-Approved Mitigation Area within the boundaries of the Multiple Species Conservation Program Subarea Plan only with an Administrative Permit. An Administrative Permit may be approved for a maximum of three small wind turbines if all of the requirements of subsection “a” of this section are met and the cumulative rated capacity of the turbine(s) does not exceed 50 kilowatts. Subsections 6951.b and 6951.c below do not apply to lots designated as Pre- Approved Mitigation Area within the boundaries of the Multiple Species Conservation Program Subarea Plan.

b. Up to two additional small wind turbines (five total) are allowed when all wind turbines comply with the requirements of subsection “a” above and all turbines:

1. Meet the height limit of the zone; and

2. Are mounted on an existing permitted structure, such as an accessory structure, allowed pursuant to the Accessory Use Regulations in section 6150.

c. An Administrative Permit may be approved for more than three tower-mounted small wind turbines or more than five roof-mounted small wind turbines if all of the requirements of subsection “a” of this section are met and the cumulative rated capacity of all of the turbines does not exceed 50 kilowatts.

d. The cumulative rated capacity of all small wind turbines on a single legal lot shall not exceed 50 kilowatts.

e. Before a building permit is issued for a small wind turbine, the applicant shall obtain a Zoning Verification Permit to verify that each small wind turbine complies with the requirements listed in Section 6951.

f. A small wind turbine shall comply with all applicable fire code requirements. If a provision of subsection 6951.a is inconsistent with an applicable fire code requirement, the fire code requirement shall take precedence.

(Added by Ord. No. 7117 (N.S.) adopted 4-23-86) (Amended by Ord. No. 9596 (N.S.) adopted 9-17-03) (Amended by Ord. No. 9676 (N.S.) adopted 9-22-04) (Amended by Ord. No. 10073 (N.S.) adopted 9-15-10) (Amended by Ord. No. 10220 (N.S.) adopted 8-8-12

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10261 (N.S.) adopted 5-15-13)

Any number of large wind turbines may be allowed as a Major Impact Services and Utilities use type with a Major Use Permit approved in accordance with the Use Permit Procedure commencing at Section 7350 and subject to the following requirements:

a. Lot size and status. The lot on which the large wind turbine(s) is to be located shall be at least five acres in size and shall be a legal lot.

b. Location. The lot shall be located in a wind resources area shown on the Wind Resources Map approved by the Board of Supervisors on May 15, 2013 (Item 8) on file at the Clerk of the Board of Supervisors.

c. Setbacks. The minimum setbacks listed below shall apply. All setbacks shall be measured from the property line to the closest point on the base or support structure of each tower.

1. From private road easements, open space easements, conservation easements and public roads, the minimum setback shall be a distance equal to 1.1 times the wind turbine height.

2. From all property lines and existing residences or buildings occupied by civic use types, the minimum setback shall be a distance equal to 1.1 times the wind turbine height.

3. Additional setbacks may be required to meet the Noise Ordinance, County Code section 36.401 et seq. and/or the noise requirements in subsection “f” below.

4. Setback Reduction. If the noise levels resulting from a proposed large turbine exceed the requirements of Noise Ordinance, County Code section 36.401 et seq., and/or the noise requirements in subsection “f” below, the setback requirements in subsections 6952.c.2 and 3 may be reduced in accordance with the following provisions:

i. A minimum setback equal to 1.1 times the wind turbine height shall be maintained from all existing residences or buildings occupied by civic use types, private road easements, open space easements, conservation easements and public roads; and

ii. The applicant has submitted to the Department of Planning and Development Services a document titled, “Consent to Reduce Setbacks” from the owner of each property affected by the proposed setback reduction. The Consent to Reduce Setbacks shall identify the affected property, the owner of the affected property, the property line(s) to which the reduced setback would apply, the reduced setback distance to which the property owner consents and shall include any other information specified by the Director. The property owner’s signature shall be acknowledged. The Consent to Reduce Setbacks shall meet the requirements of state law for a recordable document and will be recorded by the Department of Planning and Development Services with the San Diego County Recorder’s Office if the provisions of section 6952c.4 are met.

iii. If the adjoining property that would be affected by a setback reduction is not subject to the County’s land use regulations, the applicant shall submit documentation to the satisfaction of the Director that the adjoining property owner does not object to the setback reduction. Section 6952.c.4.i shall apply, but section 6952c.4.ii.shall not apply.

5. Notwithstanding of the setbacks listed in subsections 1, 2, 3, and 4 above, wind turbines located on land subject to the Tule Wind Energy Project Major Use Permit (3300 09-019 (MUP)) shall comply with the following setback requirements:

i. From any existing residence or buildings occupied by civic use types, four (4) times wind turbine height, when measured from center of turbine to residence or building occupied by civic use type; and

ii. From any adjacent property line of a property owner that is participating in the project, 101% of the blade length, when measured from center of turbine to property line: unless either (i) written consent signed by the owner(s) of each lot or parcel affected by the proposed setback reduction is obtained or (ii) the lot or parcel affected by the proposed setback is owned by the Bureau of Land Management or other state or federal agency that participated in the preparation of the EIR/EIS for the Tule Wind Energy Project; and

iii. From any adjacent property line of a property owner that is not participating in the project, 131% of the wind turbine height, when measured from center of turbine to property line; unless either (i) written consent signed by the owner(s) of each lot or parcel affected by the proposed setback reduction is obtained or (ii) the lot or parcel affected by the proposed setback is owned by the Bureau of Land Management or other state or federal agency that participated in the preparation of the EIR/EIS for the Tule Wind Energy Project; and

iv. From the edge of public road right-of-way, 131% of the wind turbine height, when measured from center of turbine; and

v. From the edge of transmission line easement or right-of-way, 101% of turbine tip height, when measured from center of turbine.

d. Barriers. Public access to a large wind turbine shall be restricted through the use of a fence with locked gates, non-climbable towers or other suitable measures.

e. Signs. A warning sign containing only a telephone number and an address for emergency calls and informational inquiries shall face each vehicular access point to the turbine. Individual signs shall be between five and 16 square feet in size.

f. Noise. The following noise provisions shall apply:

1. Acoustical Study. The applicant shall prepare and submit an acoustical study. The study shall be conducted by a County-approved acoustical consultant and shall demonstrate that (a) each large wind turbine complies with all applicable sound level limits in the Noise Ordinance, County Code section 36.401 et seq.; and (b) the C-weighted sound level from each large wind turbine while operating does not exceed the Residual Background Sound Criterion for Wind Energy Facilities by more than 20 decibels as both sound levels are measured at each property line of the lot on which the large turbine is located.

2. Noise Waiver. An increase in the C-weighted sound level limit specified in subsection 6259.f.1 for one or more turbines may be approved as part of the Major Use Permit for turbines located within the designated Noise Waiver Area on the Wind Resources Map in accordance with the following provisions:

i. The large wind turbine complies with all other applicable sound level limits in the Noise Ordinance, County Code section 36.401 et seq.; and

ii. The decision maker finds that the higher C-weighted sound limit is acceptable due to specific economic, social, technological or other benefits that will result from approval of the Major Use Permit and implementation of the Proposed Project,

3. Pure Tone. If the sound from a large wind turbine while operating contains a steady or intermittent pure tone, such as a whine, screech or hum, the applicable standards for noise set forth in County Code section 36.404 shall be reduced by five dBA. A “pure tone” exists if one-third of the octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of sound pressure levels of the two contiguous one-third octave bands by five dBA for center frequencies of 500 Hz or more, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.

The Tule Wind Energy Project approved on August 8, 2012 in Major Use Permit 3300 09-019 authorizes the development of five wind turbines and related facilities and improvements. These wind turbines are exempt from this Section 6952.f.3. If this Major Use Permit is modified to add additional turbines, section 6952.f.3 shall apply to the additional turbines, but the five wind turbines and related facilities and improvements included in Major Use Permit 3300 09-019 approved on August 8, 2012 shall remain exempt from section 6952.f.3.

4. Compliance Review. A Major Use Permit for a large turbine shall be conditioned to require the submittal of a compliance report to the Department of Planning and Development Services once every two years (from the date of approval of the Use Permit) that demonstrates, to the satisfaction of the Director, that the use meets the requirements of section 6952 and all applicable noise related conditions of the Major Use Permit. The compliance report shall describe any complaints filed with the County during the previous two year period and all corrective actions taken if the use was found to be out of compliance with the requirements of section 6952 and/or the applicable noise related Major Use Permit conditions. As a result of this review, the Director shall determine that the use is in compliance with the requirements of this section and the applicable noise related Major Use Permit conditions or that the Major Use Permit shall be subject to review by the Planning Commission. If the Planning Commission finds that the use no longer complies with the requirements of section 6952 and/or the applicable noise related conditions of the Major Use Permit, the Planning Commission may initiate modification or revocation of the permit in accordance with section 7382.c.

g. Height. A large wind turbine shall comply with Federal Aviation Administration height requirements and day and night marking requirements and shall not create an airport hazard or interfere with military or emergency services aviation operations, such as aerial firefighting

h. Turbine Description. The Major Use Permit shall include the following information:

1. The wind turbine manufacturer(s), model(s), power rating(s) and blade dimensions.

2. The tower manufacturer and model.

3. The Director may authorize the use of different turbines and towers than those specified in the Major Use Permit if the Director determines that the different turbines and towers would cause the same or fewer impacts compared to the turbines and towers listed in the Major Use Permit. A request to use different turbines and/or towers under this subsection shall not require approval of a Major User Permit Modification under section 7358.

i. Manufacture Specifications. An application for a Major Use Permit for one or more large wind turbine(s) shall include a copy of the manufacturer’s specifications for each proposed wind turbine. The application may include multiple manufacturers’ specifications.

j. Nonoperational Wind Turbine. Except for periods of maintenance, a large wind turbine that meets the definition of “Wind Turbine, Non-Operational” in Section 1110 for 180 consecutive days shall be decommissioned in accordance with the plan specified in subsection 2 below.

1. Operational Data. Upon written request by the Department of Planning and Development Services, the Permittee of a Major Use Permit for a large wind turbine shall provide data to the satisfaction of the Director to allow the Director to determine the operational status of the large wind turbine.

2. Decommissioning Plan. The applicant shall prepare and submit a decommissioning plan to the Director for his review and approval. The plan shall provide for the removal of all components of each large wind turbine and the restoration of the site to a condition compatible with surrounding properties within 180 days of the start of the decommissioning period. The decommissioning period begins after a wind turbine has been non-operational for 180 consecutive days as specified in subsection 6952j above.

3. Secured Agreement. The applicant shall also enter into a secured agreement with the County that requires the decommissioning plan to be implemented and completed. The terms and conditions of the agreement shall be to the satisfaction of the Director and subject to the review and approval of County Counsel. The Director is authorized to sign the agreement on behalf of the County. The security provided with the agreement shall be in an amount sufficient to cover the County’s costs, as determined by the Director, to implement and complete the decommissioning plan in case the owner or operator fails to implement and/or complete the plan. The security shall be in a form approved by the Director. Typical forms of security include a surety bond, irrevocable letter of credit or trust funds. The security shall remain in effect for the entire time that the large wind turbine is operational and for any additional time until the decommissioning has been completed in accordance with the decommissioning plan.

4. Building Permit. No building permit for any component of a large wind turbine may be issued until the Director approves the decommissioning plan, signs the secured agreement and accepts the security.

k. Existing Administrative Permits for Wind Turbine Projects - Modification or Revocation. Administrative permits for wind turbine projects granted pursuant to Section 7060 prior to January 1, 1986, shall be treated for all purposes as if they are Major Use Permits and shall be subject to all the provisions of the Zoning Ordinance which apply to Major Use Permits for purpose of modification or revocation.

l. Design. When a Major Use Permit authorizes more than one large wind turbine, all of the large wind turbines subject to the Major Use Permit shall be uniform in color and tower and turbine design (pole, nacelle, etc.). In addition if there are existing large wind turbines on a lot that abuts the lot on which proposed large wind turbines would be located, the color and tower and turbine design of the proposed large wind turbines shall be uniform with that of the existing large wind turbines. Tower and turbine design does not include turbine height which may vary.

m. Property Maintenance. Except for periods of maintenance the property on which a large turbine is located shall be kept clean of turbine parts and or debris associated with the turbine operation.

(Added by Ord. No. 10262 (N.S.) adopted 5-15-13. Formerly 6951) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

a. Solar Energy System, Onsite Use shall be permitted as follows:

1. A photovoltaic solar energy system for onsite use shall be allowed as an accessory use to all Agricultural, Civic, Commercial, Industrial and Residential use types in all zones in accordance with the following requirements:

i. Setback. A System shall meet all of the main building setback requirements of the zone or comply with Section 4835.f.

ii. Height. A System shall meet the height limit of the height designator of the zone, except when allowed to extend not more than 5 feet above the highest point of the roof, in accordance with Section 4620.i.

iii. Solar Panel Description. The panel manufacturer and model shall be specified as part of the building permit.

iv. Special Area Regulations: Photovoltaic solar energy systems for onsite use subject to a Special Area Designator must comply with the applicable Special Area Regulations provisions of Sections 5000 through 5999.

b. Solar Energy System, Offsite Use shall be permitted as follows:

1. A photovoltaic solar energy system for offsite use with a project area of less than 10 acres shall be allowed with an Administrative Permit in all zones in accordance with the Administrative Permit Procedure commencing at Section 7050. The following findings must be made prior to approval of an Administrative Permit:

(a.) That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:

i. Harmony in scale, bulk, coverage and density;

ii. The availability of public facilities, services and utilities;

iii. The harmful effect, if any, upon desirable neighborhood character;

iv. The generation of traffic and the capacity and physical character of surrounding streets;

v. The suitability of the site for the type and intensity of use or development which is proposed; and to

vi. Any other relevant impact of the proposed use; and

(b.) That the impacts, as described in paragraph "b.1.(a.)" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan; and

(c.) That the requirements of the California Environmental Quality Act have been complied with; and

(d.) That the applicant has provided the County with an owner consent letter demonstrating to the satisfaction of the Director that the operator of the Solar Energy System is authorized to use the property for a Solar Energy System, unless the operator owns the land upon which the Solar Energy System will be located.

2. A photovoltaic solar energy system for offsite use with a project area of 10 acres or more, or a combination of parcels with a combined area of 10 acres or more is a Major Impact Service and Utility in all zones and shall require a Major Use Permit permitted in accordance with the use permit procedure commencing at section 7350. The use permit conditions shall include the requirements in subsection b.1(d) and subsection 3(a) through (d).

3. All other types of a solar energy systems or solar power plants including concentrating solar power plants, parabolic troughs, concentrating linear fresnel reflectors, stirling solar dish, or a solar power tower are a Major Impact Service and Utility in all zones and shall require approval of a Major Use Permit in accordance with section 7350 and the following requirements on any parcel of land:

(a.) Setback. A system or plant shall meet all of the setback requirements of the zone.

(b.) Height. A system or plant of more than 200 feet in height is required to comply with Federal Aviation Administration safety height requirements.

(c.) Visual. The following measures shall be followed in order to minimize the visual impact of the project:

i. Removal of existing vegetation shall be minimized.

ii. Internal roads shall be graded for minimal size and disruption.

iii. Any accessory buildings shall be painted or otherwise visually treated to blend with the surroundings.

iv. A structure shall be non-reflective in all areas possible to blend with the surroundings.

(d.) Security. The operator shall provide a security in the form and amount determined by the Director to ensure removal of the Solar Energy System. The security shall be provided to PDS prior to building permit issuance. Once the Solar Energy System has been removed from the property pursuant to a demolition permit to the satisfaction of the Director, the security may be released to the operator of the Solar Energy System.

4. Special Area Regulations: Photovoltaic solar energy systems for offsite use subject to a Special Area Designator must comply with the applicable Special Area Regulations provisions of Sections 5000 through 5999.

(Added by Ord. No. 10072 (N.S.), adopted 9-15-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

All nudist facilities and the conversion of any use or structure to a nudist facility, shall require the application, and granting of a Major Use Permit for the entire facility. In addition, such nudist facilities shall be located and screened in such a manner that no nude person can be seen from outside the facility's boundaries.

(Added by Ord. No. 7106 (N.S.) adopted 3-19-86)

The Recycling Collection Facility Use Type (as defined at Section 1512) is a permitted use in the specified Use Regulations when conducted in accordance with the following:

a. Recycling Collection Facility, Small

1. In Residential Use Regulations, shall be established in accordance with Section 6158 as an accessory use in conjunction with an existing Civic Use which is in compliance with all zoning, building and fire codes and upon meeting the criteria set forth in this section commencing at subsection a.4. below;

2. In a Commercial or Industrial Use Regulations upon meeting the criteria set forth in this section commencing at subsection a.4. below;

3. In Agricultural and Special Purpose Use Regulations, upon issuance of an Administrative Permit. Said Administrative Permit shall be granted provided the criteria set forth in this section commencing at subsection a.4. below are complied with and upon a finding that there would be no adverse impact on surrounding properties;

4. Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;

5. Shall accept only glass, metals, plastic containers, papers and other recyclable materials. Clean (uncontaminated) used motor oil and oil filters may be accepted upon approval from the Department of Environmental Health;

6. In Residential Use Regulations, shall use no power-driven processing equipment except for reverse vending machines;

7. Shall use containers that are constructed of durable waterproof and rustproof material, shall be well maintained, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

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

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

10. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;

11. Attended facilities located within 50 feet of property zoned or occupied for residential use shall operate only during the hours between 7:00 a.m. and 7:00 p.m., power driven equipment shall not commence operation prior to 9:00 a.m.; facilities located within 50 feet of property zoned or occupied for residential use shall be conducted within a building or screened from view by a 6 foot wall or view- obscuring fence;

12. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

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

14. Signs shall comply with Section 6252 aa. of the On-Premise Sign Regulations.

15. The facility shall not impair the landscaping required by this ordinance for any concurrent use or any permit issued pursuant thereto;

16. No additional parking spaces shall be required for customers of a small recycling collection facility located at the established parking lot of a primary use. One space shall be designated for the attendant, if needed;

17. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

18. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless one of the following conditions exist:

i. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

ii. A parking study, requested and approved by the Director, shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

iii. A reduction in available parking spaces in an established parking area may then be allowed as follows:

For a commercial primary use, 10% of the number of required parking spaces to a maximum reduction of 5 spaces.

For a community facility primary use, e.g., church or recreation center, a maximum reduction of 5 spaces may be allowed when not in conflict with parking needs of the primary use.

19. Reverse vending machines:

i. Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

ii. Shall occupy no more than 50 square feet of floor space per each installed machine, including any protective enclosure;

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

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

b. Recycling Collection Facility, Large

1. In a Commercial or Industrial Use Regulations upon meeting the criteria set forth in this section commencing at subsection b.4. below.

2. In a Special Purpose Use Regulations upon the issuance of a Minor Use Permit and meeting the criteria set forth in this section commencing at subsection b.4. below.

3. If located within a C36 Use Regulations, a large recycling collection facility may not exceed 10,000 square feet unless a Minor Use Permit is granted authorizing a larger area. The conditions of said Minor Use Permit shall require compliance with the criteria set forth in this section commencing at subsection b.4. below;

4. May be larger than 500 square feet;

5. May accept glass, aluminum, and metal cans, plastic containers, and paper products including newspaper, cardboard, ledger and mixed grade. Other items such as metal scrap, tires, appliances and reusable items may be accepted if stored within a completely enclosed building. In the C36 Use Regulations, such a storage building shall not exceed 10,000 square feet. Clean (uncontaminated) used motor oil and oil filters may also be accepted upon approval from the Department of Environmental Health;

6. May use power-driven processing equipment in accordance with the Performance Standards commencing at Section 6300;

7. Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;

8. Shall use containers that are constructed of durable waterproof and rustproof material, shall be well maintained, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

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

10. Shall be maintained free of litter and any other undesirable materials; mobile facilities, where trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

11. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed the following:

• 70 dBA in any Commercial Use Regulation (Except C31)

• 55 dBA in the C31 Use Regulation

• 75 dBA in the M54 and M58 Use Regulations;

12. Attended facilities located within 50 feet of a property zoned or occupied for residential use shall operate only during the hours between 7:00 a.m. and 7:00 p.m. power driven equipment shall not commence operation prior to 9:00 a.m.; facilities located within 50 feet of property zoned or occupied for residential use shall be conducted within a building or screened from view by a 6 foot wall or view- obscuring fence;

13. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

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

15. Signs shall comply with Section 6252aa. of the On-Premise Sign Regulations.

16. The facility shall not impair the landscaping required by this ordinance for any concurrent use or any permit issued pursuant thereto;

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

The Recycling Processing Facility Use Type (as defined at Section 1513) is a permitted use in the specified Use Regulations when conducted in accordance with the following:

a. Recycling Processing Facility, Light

1. In a Commercial or Industrial Use Regulation upon meeting the criteria set forth in this section commencing at subsection a.2. below;

2. All operations shall be conducted entirely within an enclosed building except as follows:

i. In the C37, C38 and C40 Commercial Use Regulations and the M54 and M58 Industrial Use Regulations, a light recycling processing facility may be conducted outside of buildings if the property on which the facility is located does not abut a property zoned or planned for residential use.

ii. Notwithstanding the Enclosure Regulations, in any other Commercial or Industrial Use Regulation, a Minor Use Permit may be granted for an alternative type of enclosure such as a wall or view-obscuring fence not less than 8 feet in height and landscaped on all street frontages;

3. Power-driven processing shall be permitted, provided all requirements of the Performance Standards commencing at Section 6300 are met;

4. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of 2 outbound truck shipments of material per day;

5. Setbacks and landscaping requirements shall be those required by the zone in which the facility is located;

6. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or palletized. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the Local fire and/or Health Official. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

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

8. Space shall be provided on the site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Director determines that allowing overflow traffic is compatible with surrounding businesses and public safety;

9. One parking space shall be provided for each commercial vehicle operated by the processing center.

10. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed the following:

• 70 dBA in any Commercial Use Regulation (Except C31)

• 55 dBA in the C31 Use Regulation

• 75 dBA in the M54 and M58 Use Regulations;

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

12. Any containers provided for after-hours donation of recyclable materials shall be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

13. Donation areas shall be kept free of litter and any other undesirable material.

The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

14. Signs shall comply with the On-Premise Sign Regulations. In addition, facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

15. Air contaminants including but not limited to smoke, charred paper, dust, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, or any emissions that endanger human health, cause damage to vegetation or property or cause soiling, vibration or noise above levels allowed by the Performance Standards commencing at Section 6300, shall not be permitted.

16. Incidental sale of products produced from recycled material is allowed on-site.

b. Recycling Processing Facility, Heavy

1. In a C37, C38 or C40 Commercial Use Regulation or M54 or M58 Industrial Use Regulation upon meeting the criteria for a light recycling processing facility as set forth above in this section commencing at subsection a.2.;

2. In any other Commercial or Industrial Use Regulation upon the issuance of a Major Use Permit. The conditions of said Major Use Permit shall require compliance with the criteria for a light recycling processing facility as set forth above in this section commencing at subsection a.2. as well as any others necessary in order to make the findings required for the granting of a Major Use Permit.

c. Recycling Processing Facility, Wood and Green Materials

1. A facility devoted exclusively to the processing (not including composting) of wood and green materials is considered a General Industrial Use Type, and as such, shall be conducted in accordance with the regulations applicable to said Use Type except that a Wood and Green Materials Recycling Processing Facility may be permitted in an Agricultural or Special Purpose Use Regulation upon issuance of a Minor Use Permit. The conditions of said Minor Use Permit shall require compliance with the criteria for a light recycling processing facility as set forth above in this section commencing at subsection a.2., except for the requirement that the operations be conducted entirely within an enclosed building; except for the requirements of subsection a.4 relating to size and scope of operation; subsection a.6. relating to storage within containers; and, subsection a.10. relating to noise level limits. The conditions of the Minor Use Permit shall address the above-mentioned requirements as well as any others necessary in order to make the findings required for the granting of a Minor Use Permit. Said Minor Use Permit may include composting of wood and/or green waste provided the conditions relating to composting are satisfactory to the Director of the Department of Public Works.

d. Organic Materials Processing

1. A facility engaged in the processing (including composting) of wood and green materials in accordance with Section 6977 of the Zoning Code is governed by the requirements of that section.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

a. Purpose and Intent. The purpose of these regulations is to provide a uniform and comprehensive set of Organic Material Processing standards for the processing of organic materials in the unincorporated San Diego County. The regulations contained herein are intended to divert organic materials from landfills, increase the reuse of organic materials and the efficiency of organic materials processing, promote healthy soils, and support the environmental health of San Diego County. Unless otherwise stated, all referenced permits relate to land use and zoning. Permits by other agencies may be required.

b. Definitions.

1. “Organic Materials” refers to agricultural material, food material, vegetative food material, and green material as defined by Title 14 of California Code of Regulations (14 CCR) Division 7, Chapter 3.1 (CalRecycle).

2. “Organic Materials Processing” refers to operations that include but are not limited to static piles, windrow, in-vessel, vermicomposting, and mushroom farming. All other organic processes are subject to additional discretionary review. New methods of Organic Materials Processing not currently considered by CalRecycle may be permitted subject to additional discretionary review as determined by the Director of Planning & Development Services or his or her designee and as guided by this section.

c. Agricultural Operations. Organic Materials Processing may occur as an accessory use on any site where an active agricultural operation is present as follows:

1. In all Use Regulations where agricultural operations allowed:

i. All materials to be processed must be derived onsite or as otherwise permitted under c.6 below.

ii. A maximum of 1,000 cubic yards of finished compost may be donated annually, unless or as otherwise prohibited.

2. In the A70, A72, C37, C38, C40, S88, S90, S92, M50, M52, M54, M56, and M58 Use Regulations, except village residential and village commercial land use designations:

i. Organic materials from any source may be processed onsite.

ii. Finished product may be sold or donated in any amount or as otherwise permitted or restricted under c.6 below, providers of organic materials may share in the finished product.

3. Finished product will be considered an agricultural product. Sales will be limited to the Use Regulations indicated within 6157(a), or as otherwise permitted in the administrative or use permit.

4. Chipping and Grinding can only occur as an accessory use to support agricultural operations and cannot be the primary organic materials processing use. If chipping and grinding is intended to be the primary organic material processing use, then the operation would be classified as a Recycling Processing Facility, Wood, and Green Materials pursuant to Section 1513(c) and be subject to all permitting requirements for such a facility.

5. Subject to operational, siting, and permitting requirements set forth in Sections (f), (g), and (h) herein.

6. For the purposes of this Section, the following may be treated as a single agricultural operation and share organic materials and finished product between sites:

i. Various parcels under the same ownership or leased by the same owner; or

ii. Groups of independent agricultural operations at the discretion of the Director of Planning & Development Services based on the proximity of operations and a determination of no adverse impact to the health, safety, and welfare of surrounding properties. Notice must be submitted to the County’s Planning & Development Services to confirm independent agricultural operations are acting as a group. Notice shall identify the participating properties, provide contacts for each, and indicate which site(s) will be sending and receiving materials. Sales of product is prohibited, as defined in 2ii above.

7. Agricultural Permitting Requirements per County of San Diego Organic Materials Processing volume limits and associated permits described as follows: Agricultural Operations or Organic Materials Processing (as indicated above in subsection c.1.)

i. Agricultural Feedstock can be processed with unlimited volumes and no permit is required.

ii. Agricultural + Green Feedstock can be processed with unlimited volumes and no permit is required.

iii. Agricultural + Green + Vegetative Food Feedstock can be processed with unlimited volumes and no permit is required.

iv. Agricultural + Green + Vegetative Food + Food Feedstock can be processed with unlimited volumes and no permit is required.

v. In-vessel Agricultural materials can be processed with unlimited volumes and no permit is required.

vi. In-vessel Agricultural + Dairy + Food materials can be processed with unlimited volumes and no permit is required.

Agricultural Operations (as indicated above in subsection c.2.)

vii. Agricultural Feedstock (used onsite) any volume of materials requires a Zoning Verification Permit.

viii. Agricultural + Green Feedstock can be processed up to 100 cubic yards or 750 square feet at a given time and will require a Zoning Verification Permit. Anything over 100 cubic yards up to 12,500 cubic yards at a given time will require an Administrative Permit and anything over 12,500 cubic yards will require a Minor Use Permit.

ix. Agricultural + Green + Vegetative Food Feedstock can be processed up to 100 cubic yards or 750 square feet at a given time and will require a Zoning Verification Permit. Anything over 100 cubic yards up to 12,500 cubic yards at a given time will require an Administrative Permit and anything over 12,500 cubic yards will require a Minor Use Permit.

x. Agricultural + Green + Vegetative Food + Food Feedstock can be processed up to 100 cubic yards or 750 square feet at a given time and will require a Zoning Verification Permit. Anything over 100 cubic yards at a given time will require a Minor Use Permit.

xi. In-vessel Agricultural + Dairy + Food (used onsite) any amount requires a Zoning Verification Permit.

In-vessel Operations/Facilities (defined by tons per day or tons per week)

xii. In-vessel processing anything up to 15 tons per day and not to exceed 105 tons per week will require a Zoning Verification Permit.

xiii. In-vessel processing anything over 15 tons per day and does not exceed 100 tons per day will require an Administrative Permit.

xiv. In-vessel organic processing anything over 100 tons per day or 700 tons per week will require a Minor Use Permit.

d. Community Gardens. Organic Materials Processing may occur as an accessory use to a community garden as permitted by Section 6912 Community Gardens with the following additional regulations and allowances:

1. No permits are required if the total organic material volume onsite at any one time does not exceed 100 cubic yards or 750 square feet at a given time used for organic material processing.

2. Offsite organic materials from any source may be received for processing onsite.

3. Finished compost may be donated in any amount. All sales are prohibited.

4. Chipping and Grinding can only occur as an accessory use to support community garden operations and cannot be the primary organic materials processing use.

5. Subject to operational, siting, and permitting requirements set forth in Sections (f), (g), and (h) herein.

e. Community Composting. Organic Materials Processing may occur as an accessory use as follows:

1. On any site where an active agricultural operation is present and/or in the RS, RD, RM, RV, RU, RMH, RR, RRO, and RC Use Regulations:

i. The total organic material volume onsite at any one time shall not exceed 20 cubic yards for organic material processing. No permit is required.

ii. Processing of organic materials must occur within an enclosed container.

iii. Organic materials processed shall be limited to vegetative food material, and green material only. Except if the organic materials processing activity is occurring on land with active agriculture, then agricultural materials may be included.

iv. Offsite organic materials from any source per e.1.iii may be received for processing

v. onsite.

vi. Finished compost may be donated in any amount. All sales are prohibited.

vii. Chipping and grinding is prohibited.

f. Commercial Operations. Organic Materials Processing may occur as a primary commercial use as follows:

1. In the A70, A72, C37, C38, C40, M50, M52, M54, M56, M58, S80, S82, S86, S88, S90, S92, and S94 Use Regulations:

i. The total organic material volume onsite at any one time shall not exceed 100 cubic yards or 750 square feet. Should organic material processing exceed 100 cubic yards or 15 tons per day of material as indicated in subsection f.2 then the provisions pursuant to Section 6902 would apply.

ii. Offsite organic materials from any source may be received for processing onsite.

iii. Finished product may be sold or donated in any amount, unless limited by the administrative or use permit.

iv. Chipping and Grinding can only occur as an accessory use to support commercial operations and cannot be the primary organic materials processing use. If chipping and grinding is intended to be the primary use, then it must comply with Sections 1513 and 6975.

v. Subject to operational, siting, and permitting requirements set forth in Sections (f), (g), and (h) herein.

vi. Any property constrained by an easement for the protection of sensitive resources, including but not limited to biological or agricultural resources, or is located within or immediately adjacent to an existing or proposed Multiple Species Conservation Program (MSCP) planned preserve (e.g., Pre-Approved Mitigation Area, Priority Conservation Area, Focused Conservation Area) will require, at minimum, an Administrative Permit regardless of volume or material processed.

vii. Management of Organic Materials Processing shall align with the current General Waste Discharge Requirements for Commercial Composting Operations of the State Water Resources Control Board.

Commercial Operations (as indicated in subsection f.1)

xv. Agricultural + Green Feedstock(1) can be processed up to 100 cubic yards or 750 square feet at any given time with a Zoning Verification Permit.

xvi. Agricultural + Green + Vegetative Food Feedstock(1) can be processed up to 100 cubic yards or 750 square feet at any given time with a Zoning Verification Permit.

xvii. Agricultural + Green + Vegetative Food + Food Feedstock(1) can be processed up to 100 cubic yards or 750 square feet at any given time with a Zoning Verification Permit.

In-vessel Operations/Facilities

xviii. In-vessel organic processing with anything up to 15 tons per day or up to 105 tons per week will require an Administrative Permit.

Note 1: Materials may be processed within an enclosed container as described for these volumes and permits.

g. Operational Requirements. Unless otherwise provided, all Organic Materials Processing must comply with the following operational requirements:

1. Organic Materials Processing operations are subject to the volume and material limitations set forth in Title 14 of California Code of Regulations (14 CCR) Division 7, Chapter 3.1 (CalRecycle).

2. Processing of meat and dairy products must occur within an enclosed container, in-vessel, or as otherwise described in the administrative or use permit.

3. Stormwater runoff from processing site(s) and leachate shall be managed to meet the standards of all federal, state, and local water permits.

4. Application of water for organic materials processing on site shall be managed to reduce the generation of wastewater.

5. During a weather event, organic materials shall be completely covered, or equivalent measures implemented, to reduce the generation of wastewater runoff.

6. Operations and compost width and height shall comply with the current provisions or future amendments adopted by the County of San Diego for the San Diego County Consolidated Fire Code – Section 96.1.2808.

7. Chipping and grinding operations, including setup, preparation, or close up, as indicated by c, d, e, and f shall not occur before 8:00 a.m. or after 5:00 p.m.

8. On-site sales shall not occur before 7:00 a.m. or after 6:00 p.m. unless otherwise provided as a condition of an Administrative or Use permit.

9. Organic Materials Processing shall be conducted in a manner so as not to become a nuisance to surrounding properties and shall be managed to:

i. Prevent the migration of agricultural pests identified by the horticultural pest and disease control boards (Department of Environmental Health and Quality and Agriculture, Weights, and Measures guidelines) as applicable.

ii. Minimize odors, litter, vectors, and dust per CCR Title 14, Division 7, Chapter 3.1 Article 6 Composting Operating Standards and Chapter 3.2 Article 3 Operating Standards for In-Vessel Digestion Operations and Facilities as applicable. The Local Enforcement Agency (LEA) is authorized on behalf of the State to enforce CCR Title 14 Division 7, Chapters 3.1 Compostable Materials Handling Operations and Facilities Regulatory Requirements and Chapter 3.2 In-Vessel Digestion Operations and Facilities Regulatory Requirements.

iii. Control air contaminants such as dust and odors to prevent migration beyond the property boundary.

iv. Minimize operational noise, hazards, or litter beyond the property boundaries; and,

v. Control noise levels so as not to exceed limits set by the San Diego County Noise Ordinance, Section 36.404 as measured at the property line of the property on which the noise is produced or at any location on a property that is receiving the noise.

10. Organic Materials Processing operations shall be conducted to minimize impact to sensitive habitats or species, such as but not limited to breeding seasons, riparian habitats, wildlife corridors, etc. including compliance with all Federal, State, and Local regulations.

11. The Organic Materials Operator shall prepare, implement, and maintain site operations to ensure that any type of composting operations implement best practicable treatment and control that meets pathogen reduction requirements as specified in CCR Title 14, Division 7, Chapter 3.1, Section 17868.3 – Process to Further Reduce Pathogens.

h. Siting Requirements. Unless otherwise provided, Organic Materials Processing operations must comply with the following siting requirements:

1. All operations must be sited a minimum of 100 feet from any existing groundwater well and/or nearest surface water body.

2. All operations must be sited a minimum of 50 feet from any local, state or federally protected wetlands and sensitive habitat.

3. Operations sited within a known Floodplain or Special Flood Hazard Areas as identified by the County of San Diego, Dept. Public Works – Flood Control Division maps and/or the Federal Emergency Management Agency (FEMA) maps shall be in compliance with County of San Diego’s Flood Damage Prevention Ordinance – Division 11, Section 811.

4. Composting in an enclosed container can occur up to three feet from property lines as long as the enclosure is no taller than 42”. All other composting practices shall meet main building setbacks established by the applicable designators, indicated in Section 4810 Setback Schedule.

5. Organic material processing is excluded from the enclosure matrix as indicated in Section 6816.

6. Screening shall comply with Section 6700 Screening and Fencing Requirements for the applicable zone in which the use is located.

7. The composting area shall be sited to prevent, to the greatest extent possible, ponding, inundation, and erosion impacts.

i. An Odor Impact Minimization Plan (OIMP) shall be submitted to the County Planning & Development Services when required by CCR Title 14, Division 7, Chapters 3.1 and 3.2.

j. A Best Management Practice Plan (BMP Plan) is required for all Organic Material Processing. The BMP Plan shall demonstrate compliance with sections (g) and (h) contained herein and shall include, but not be limited to, the type(s) of materials to be processed, siting, access, drainage, management of pests, minimization of odors, noise, dust, and description of the general operations.

k. The County reserves the right to inspect the organic composting site annually, or as otherwise provided in the applicable permit, upon provision of reasonable notice, to ensure compliance with the requirements of this section.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

Sections 6980 – 6993 are intended to be supplemental to the Zoning Ordinance. In case of conflict between the provisions represented in these sections and the provisions set forth in the Zoning Ordinance, the provisions of these sections shall apply.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

The purpose and intent of this Section is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunications facilities. These regulations are intended to protect and promote the public health, safety and welfare of the residents of the unincorporated areas of San Diego County and to preserve community character and protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996 and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

For the purpose of the Wireless Telecommunications Facilities regulations contained in Sections 6980 through 6993, certain abbreviations, terms and words shall be used, interpreted and defined as set forth in this Section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural indicate the singular.

A. Administrative Site Plan – A Site Plan, pursuant to Sections 7150 through 7174 of this Ordinance, that does not require community review except as noted in Section 6987 A of this Ordinance.

Antenna – Any system of wires, poles, rods, reflecting discs or similar devices designed for telephonic, radio, facsimile, data or television communications through sending and/or receiving of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include, but not be limited to, devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted up and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be part of the antenna.

Antenna Height – The vertical distance measured from the ground surface at grade to the tip of the highest point of the proposed structure.

Antenna Support – Any pole, telescoping mast, tower tripod or any other structure that supports a device used in the transmitting and/or receiving of electromagnetic waves.

Applicant – A person who applies for a wireless facility siting. An applicant can be the owner of the property or someone who is representing the owner, such as a builder, developer, optional purchaser, lessor, consultant or architect.

C. Camouflaged – Any telecommunications facility that is designed to blend into the surrounding environment. Examples of camouflaged facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, towers made to look like trees and antenna structures designed to look like light poles. Camouflaged facilities may be considered low or high visibility depending on the type of facility, degree of camouflaging and compatibility with the surrounding existing environment (see definitions of low and high visibility).

Co-location – Locating wireless telecommunications equipment from more than one provider on a single site.

Commercial Zones - are defined as consisting of the following zones: C32, C34, C35, C36, C37, C38, C40, C42, and C44, and also S88 when the proposed site is in a commercial component of a Specific Plan.

Community Character – Those unique attributes including, but not limited to, architecture, historical and cultural features, historical development patterns, landscape, hardscape and the size, scale and spacing of buildings and other structures that define a community’s identity.

D. Decorative pole – Any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located.

E. Equipment Building, Shelter or Cabinet – A cabinet or building used to house equipment used by telecommunication providers at a facility.

F. Façade Mounted Antenna – An antenna architecturally integrated into the façade of a building or structure.

Facility – See Wireless Telecommunications Facility.

Faux Trees – A term used to refer to Monopalms, Monopines and other camouflaged monopoles made to resemble different types of trees.

G. Grade – The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than 5 feet from the structure, between the structure and a line 5 feet from the structure.

Guyed Tower – A telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

H. High Visibility – The following shall be considered High Visibility facilities:

1. Monopoles, lattice towers and guyed towers

2. Non-camouflaged facilities

3. Faux Trees

4. Any and all wireless facilities not defined as invisible or low visibility.

High Voltage Transmission Tower – a tower carrying transmission lines of at least 132 kilovolts.

I. Industrial zones – are defined as consisting of the following zones: M50, M52, M54, M56, M58, and also S88 when the proposed site is in an industrial component of a Specific Plan.

Invisible – Facilities, including, but not limited to towers, antennas and equipment cabinets and any other ancillary equipment, that cannot be seen from any street and from all adjacent properties and that do not result in any apparent architectural changes or additions, including Community Identification Signs when the antennas are fully integrated into the sign. The addition of landscaping, walls, fences or grading as screening techniques does not meet the definition of invisible.

L. Lattice Tower – A guyed or self-supporting three or four sided, open, steel frame support structure used to support telecommunications equipment.

Low Visibility – the following shall be considered Low Visibility facilities if they do not exceed the height schedule pursuant to Sections 4610 - 4620 of this Ordinance:

1. Whip antennas not exceeding six feet in length or height, including mounting, and measuring no more than 3 inches in diameter, located on existing structures including, but not limited to, water storage tanks, high-voltage transmission towers, utility towers and poles, sign standards, and roadway overpasses, if the addition, including any vertical mounting, does not result in an increase in height of the structure of more than 5 feet, and with equipment cabinets that are screened from view by means other than new walls or fences and have total dimensions no greater than 50 cubic feet and no dimension greater than 6 feet. Cabinets in underground vaults are not included in the size calculation.

2. Panel-shaped antennas that are flush-mounted to an existing building façade or other existing structure on at least one edge, extend a maximum of 24 inches from the building façade or other structure at any edge, do not exceed the height of the building or other structure by more than five (5) feet and are designed to blend with the color and texture of the existing building or structure, with no equipment cabinet visible.

3. Facilities, including equipment cabinets, that are camouflaged from public view through the use of architectural treatments, such as cupolas, faux water towers, windmills or other structures and which are consistent with existing development and community character.

4. Additions to existing permitted low-visibility facilities if the additions themselves meet the definition of low visibility and are designed to minimize visibility of both the facility and equipment cabinets that have total dimensions no greater than 50 cubic feet and no dimension greater than 6 feet and are screened from view by means other than new walls and fences. The equipment cabinet may be larger if contained inside a structure consistent with the architecture and character of the site.

5. Changes to an existing building that are consistent with the building’s architectural style and the equipment cabinet is not visible.

M. Monopalm – a monopole camouflaged to resemble a palm tree.

Monopine – a monopole camouflaged to resemble a pine tree.

Monopole – A wireless communication facility consisting of a single pole constructed without guy wires and ground anchors.

P. Panel Antenna - An antenna or array of antennas designed to concentrate a radio signal in a particular area. Also called directional antennas.

Provider – Means a provider of wireless communications services that owns or controls all the elements necessary to sell and deliver services to an end user including radio spectrum allocation, wireless network infrastructure, back haul infrastructure, billing, customer care, provisioning computer systems and marketing and repair organizations.

Public Safety Communications facilities: Telecommunications facilities operated and maintained by public agencies that support Public Safety Communications Systems, which provide wireless communications to law enforcement, fire services, emergency medical services, and other public safety/service agencies. These facilities are considered Essential Services pursuant to Section 1335.

R. Residential Zones – for purposes of this section, are defined as consisting of the following zones: RS, RD, RR, RM, RV, RU, RMH, RRO, RC, S80, S90, C30, C31, C46 and also S88 when the proposed site is in a residential component of a Specific Plan.

Roof Mounted Antenna – Any antenna with its support structure placed directly on the roof of any building or structure.

Rural Zones – are defined as consisting of the following zones; A70, A72, S81 and S92.

S. School – An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a trade, vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

Service Area – The area served by a single telecommunications facility.

Service Network – The telecommunications transmission system operated by a service provider in a community or jurisdiction.

Shot Clock – Means the review time requirements established by Federal or State regulations.

Special Purpose Zones - are defined as consisting of the following zones: S82, S86, S94 and Solid Waste Facility.

Small Cell Wireless Facility (SCW) – A wireless telecommunication facility and all related equipment, where the antenna is no more than three cubic feet in volume and all other related equipment on the structure is no more than 28 cubic feet in volume. This term also applies to any Micro Wireless Facility meaning a wireless telecommunications facility where it is not larger in dimension than 36” in length, 18” in width and 12” in height, does not have an exterior antenna which is longer than 11 ½”, and are installed directly onto existing overhead cables owned by telecommunications providers.

Structure – A pole, tower, base station, or other building, whether or not it has an existing facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services) or other such facilities as defined in 47 C.F.R. § 1.6002(m).

T. Telecommunications – The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

Telecommunications Tower - Any mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support antennas.

Tower – See Telecommunications Tower

Travel Way – That portion of the right-of-way used for the movement of vehicles, people, equestrians, and goods, including travel lanes, curb and gutter, on-street parking spaces, bike lane facilities, travel lanes, turning lanes within the public ROW, sidewalks, shoulders, and pathways.

U. Utility pole – Any above-ground pole used to support electrical, telephone, cable, and internet wires.

W. Whip Antenna – An antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape and are less than 3 inches in diameter and measure up to 6 feet in length, including the mounting. Also called omni-directional, stick or pipe antennas.

Wireless Community Master Plan – a Master Plan of preferred sites and designs for wireless facilities for a defined geographic area prepared in cooperation with one or more wireless service providers; formally submitted by the community planning group or sponsor group or by a homeowners association representing at least 4,000 residents and at least 5,000 acres to the Director; reviewed by the Director for such issues as aesthetics and community compatibility; and following public review, approved by the Director. A Community Master Plan can be applicable to all providers or to selected providers as defined in the Plan.

Wireless Telecommunications Facility – Any facility that transmits and/or receives electromagnetic waves, including, but not limited to, antennas, dish antennas and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development. Also known as a wireless communications facility.

This definition does not apply to Amateur Radio Stations as defined by the Federal Communications Commission, Part 97 of the Commission’s Rules nor to TV and radio transmission facilities, nor to Public Safety Communications facilities.

(Added by Ord. 9549 (N.S.) adopted 4-30-03) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

In addition to meeting standard application submittal requirements for discretionary permits, all applicants for wireless telecommunications facilities shall provide 3 copies of the information listed below. One copy shall be distributed by the Department to the appropriate Planning or Sponsor Group. When a facility meets all requirements for processing under Tier 1, the requirements of Sections B and C 1 shall not be required. The Director may waive any of the submittal requirements listed below or require additional information based upon specific project factors:

A. Geographic Service Area. Identify the geographic service area for the subject installation, including a map showing all the applicant’s existing sites in the local service network associated with the gap the facility is meant to close. Describe how this service area fits into and is necessary for the company’s service network.

B. Visual Impact Analysis. A visual impact analysis shall be provided showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening. The analysis shall include photo simulations and other information as necessary to determine visual impact of the facility. A map depicting where the photos were taken shall be included.

C. Narrative.

1. Height. Show the height of the facility. Carriers must provide evidence that establishes that the proposed facilities have been designed to the minimum height required from a technological standpoint for the proposed site. If the tower will exceed the maximum permitted height limit, as measured from grade, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be required.

2. Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment and landscaping.

3. Noise/Acoustical Information. As part of the Application for Environment Initial Study, provide manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

4. If the site is not a preferred site as described in Section 6986, provide the information required in Section 6986 B.

5. Concept Landscape Plan. Provide a plan showing all proposed landscaping, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

6. Fire Service. Provide evidence of compliance with Fire Policy FP-2 or a service letter from the applicable fire district.

7. Hazardous Materials. Listing of all hazardous materials to be used onsite.

8. For all applications for facilities located in the public right of way, include on the plot plan the location of parking for maintenance personnel.

9. A letter stating the applicant’s willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable.

10. The lease area of the proposed facility on the plot plan.

11. For all applications for wireless facilities operating below 1200 megahertz, submit a copy of the Federal Communications Commission Licensing Application Form 601, Main Form, Pages 1 through 4, Schedule A, Page 1, Schedule D, Page 1 and Schedule H, Pages 1 through 3. The application shall be reviewed by the Sheriff’s Wireless Services Unit to determine potential interference with the Regional Communication System. Interference with that system may be grounds for denial.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No.10592 (N.S.) adopted 2-27-19) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

Although a tier may be assigned at project intake, a re-evaluation of the project tier may occur at any point in the process, including, but not limited to, review by the Planner, Environmental Analyst or Hearing Officer.

A. Applications will be processed based upon the following 4-tier permitting system, subject to the exceptions and general regulations found in Sections 6985 B and C:

[Figure]

[Figure]

B. Exceptions

1. In addition to all other requirements in Sections 6980 through 6991, any proposed facility on a structure currently subject to a Major or Minor Use Permit shall obtain approval of the facility through the modification of the permit in accordance with Section 7378 of this Ordinance for a Use Permit or by Minor Deviation in accordance with Section 7609 of this Ordinance when the facility is invisible.

2. Major Use Permits for Wireless Telecommunications Facilities shall be under the original jurisdiction of the Planning Commission.

C. General Regulations

1. Non-camouflaged monopoles, lattice towers and guyed towers are prohibited in Residential and Rural zones.

2. All buildings and structures built to contain equipment accessory to a facility may not exceed 10 feet in height measured from the base of the foundation unless a greater height is necessary to maximize architectural integration and shall be screened by landscaping.

3. No more than three facilities are allowed on any site or parcel in commercial, industrial, rural or special purpose zones. No more than one facility is allowed on any parcel or site in a Residential zone. This requirement may be waived by the Director if a finding is made that co-location of more facilities is consistent with community character.

4. Telecommunications towers located adjacent to a residential use shall be set back from the nearest residential lot line by a distance at least equal to its total height or 50 feet, whichever is greater. The setback shall be measured from that part of the tower that is closest to the neighboring property (i.e., the setback for a faux tree would be measured from the end of the branch closest to the neighboring property).

5. No tower or equipment shall be located in a front, rear or side yard setback in any zone and no portion of any antenna array shall extend beyond the property lines.

6. Noise from any equipment supporting the facility shall meet the requirements of the County’s Noise Ordinance on an average hourly basis.

7. The Director may grant an exemption from the requirement to process a Site Plan permit pursuant to Section 7156 of this Ordinance if he or she finds that all of the purposes and requirements of the Site Plan have been or will be fulfilled by another discretionary permit, or where the Director finds the proposed development or improvement is minor in nature and that the public purpose for which the Site Plan permit would normally be required will not be harmed by granting a Site Plan permit exemption. The Director’s decision may be appealed pursuant to Section 7200 of this Ordinance.

8. All facilities located on a utility pole shall be promptly removed at the operator’s expense at the time a utility is scheduled to be undergrounded.

9. Maintenance vehicles servicing facilities located in the public or private right of way shall not park on the traveled way or in a manner that would obstruct traffic.

10. Equipment cabinets and antenna structures shall be secured to disallow unauthorized access.

11. Use Permits for high visibility facilities shall have a maximum term of 6 years for facilities valued at less than $10,000; 10 years for facilities valued from over $10,000 to $500,000; and 15 years for facilities valued at $500,000 or more. This may be extended for an additional period of time by modifying the permit if it is found that no smaller or less visible technology is available or feasible to replace the facility.

12. As a condition of approval, prior to use of the facility, submit evidence, such as photos, to the satisfaction of the Director to show proof that the facility is in conformance with photo simulations provided pursuit to Section 6984 (B) of this Ordinance.

13. Applications will be processed pursuant to the shot clocks outlined in Federal and State regulations.

14. Applications will be processed pursuant to the shot clocks outlined in Federal and State regulations.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10592 (N.S.) adopted 2-27-19) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

0 The County has determined that certain zones and locations are preferable to others for siting wireless facilities due to aesthetics and land use compatibility.

1. The preferred zones are as follows:

2. The preferred locations are as follows:

B. Each application shall identify the zone and location preference that the proposed facility is meeting. If the proposed facility is not in a preferred zone identified in 6986 A (1) or if it is not in a preferred location identified in 6986 A (2), the applicant shall provide a map of the geographical area and a discussion of preferred sites that could potentially serve the same area as the proposed site and describe why each preferred site was not technologically or legally feasible. Facilities proposed to be located in County parks are excluded from this requirement when the Director of the Department of Parks and Recreation has issued a letter of concurrence.

C. Projects in a non-preferred zone or non-preferred location shall not be approved when siting in a preferred zone or preferred location is feasible unless a finding is made that the proposed site is preferable due to aesthetic and community character compatibility.

(Added by Ord. No. 9549 (N.S,) adopted 4-30-03) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

A. All applications at sites subject to a “H”, “J”, “B” or “D” design review designator shall also meet all requirements pursuant to Zoning Ordinance Sections 5700 – 5747 for “H” designators, 5749 for “J” designators, 5750 – 5799 for “B” designators or 5900 – 5910 for “D” designators.

B. All camouflaged facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with community character and existing development. The facility shall also be appropriate for the specific site (i.e., it should not “stand out” from its surrounding environment, such as a faux tree standing alone in a field or standing at a greater height (five feet or more) than other trees on the site).

C. No facility shall be allowed on any building or structure, or in any district, that is listed or eligible for listing on any Federal, State or local historical register unless it is determined by the Historic Site Board that the facility will have no adverse effect on the appearance of the building or structure or its eligibility for historic designation. No change in architecture nor High Visibility facility is permitted on any such building, any such site or in any such district.

D. In cases where the facility site is visible from a Scenic Highway, as identified in the General Plan, the facility shall be designed and located in such a manner as to avoid adverse visual impacts. Such locations shall use design methods such as, but not limited to, type of facility, camouflaging, screening and landscaping. No monopoles, lattice towers or guyed towers are permitted.

E. Façade-mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Façade-mounted antennas shall not extend more than 24 inches out from the building face.

F. All facilities shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, landscaping with native species, whenever feas ible, and camouflage, and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the least visible antennas possible to accomplish the coverage objectives.

G. Colors and materials for facilities shall be non-reflective and chosen to minimize visibility. Facilities, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background. All cabinets visible to the public shall be treated with a graffiti-resistant coating.

H. Beacon lights shall not be included in the design of facilities unless required by the Federal Aviation Administration and shall be included when calculating the height of the facility.

I. No High Visibility facility, including ancillary support equipment, may be located between the face of a building and a public street, bikeway, trail or park.

J. No signs, striping, graphics or other attention getting devices are permitted on the transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two unless a greater number is required by law.

K. All high visibility facilities shall be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties.

L. Roof mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area and shall be set back as far from the edge of the building as possible or otherwise screened to minimize their visibility.

M. No net loss in required parking spaces shall occur as a result of the installation of any wireless telecommunications facility.

N. Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit equestrian activities on designated public or private trail systems and shall be screened from the sidewalk by landscaping, undergrounding or other means, excluding new walls and fences.

O. In cases where the facility site is visible from a County park or is proposed to be located in a County Park, the facility shall be designed and located in such a manner as to avoid adverse visual impacts. Such locations shall use design methods such as, but not limited to, type of facility, camouflaging, screening and landscaping. No monopoles, lattice towers or guyed towers are permitted.

P. The use of chain link fences for security of equipment is permitted if the fence is fully screened by landscaping. No razor wire or barbed wire is permitted. Slats do not satisfy the requirement for screening.

Q. Site lighting shall be kept to a minimum in every instance, shall be shielded to direct the light downward, shall be controlled by a manual switch or timed switch of no greater than one hour’s duration and shall not be used except when nighttime maintenance is necessary.

R. No facility sited on a ridgeline or hilltop shall be approved unless the facility blends with the surrounding existing and man-made environment to the maximum extent possible and a finding is made that no other location is feasible.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10622 (N.S.) adopted 8-07-19)

A. All graffiti on any components of the facility shall be removed promptly in accordance with County regulations. Graffiti on any facility in the public right-of-way must be removed within 48 hours of notification.

B. All landscaping shall be maintained at all times and shall be promptly replaced if not successful.

C. If a flagpole is used for camouflaging a facility, flags must be flown and must be properly maintained at all times.

D. All wireless telecommunications sites shall be kept clean and free of litter.

E. All equipment cabinets shall display a legible operator’s contact number for reporting maintenance problems.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

A. All operators who intend to abandon or discontinue the use of any wireless telecommunications facility shall notify the County of such intentions no less than 60 days prior to the final day of use.

B. Wireless telecommunications facilities with use discontinued shall be considered abandoned 90 days following the final day of use.

C. All abandoned facilities shall be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.

D. The County reserves the right to remove any facilities that are abandoned for more than 90 days at the expense of the facility owner.

E. Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

Failure to comply with any condition of approval or standard in this ordinance shall constitute grounds for possible revocation of use pursuant to Sections 7174, 7380 and 7382 of the Zoning Ordinance.

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

Notwithstanding any other sections regulating wireless facilities, all facilities defined as “high visibility” by this ordinance, and located in a Residential or Rural Zone shall be brought into conformance with this ordinance under the following amortization schedule. The time allowed shall be measured from the effective date of this ordinance. The Director may extend the amortization period upon a showing of economic hardship to the owner.

Fair Market Value on Effective Date Minimum Years Allowed

Under $10,000… 6

$10,000 - $500,000 10

Over $500,000… 15

(Added by Ord. No. 9549 (N.S.) adopted 4-30-03)

Wireless Telecommunication Facility permit applications which meet the Small Cell Wireless Facility (SCW) definition shall be processed according to the following standards:

A. Development Standards

1. Location. To better assist applicants, minimize clutter, and limit other impacts to aesthetics and community character, subsection A.2. below sets out listed preferences for locations of SCWs. Applications that involve least preferred locations may be approved so long as the applicant demonstrates either: 1) no most preferred locations exist within 1,000 feet from the proposed site; or 2) any available most preferred locations within 1,000 feet from the proposed site would be technically infeasible.

2. Location Preferences.

i. Most Preferred Locations include:

• 1. Industrial Zones
• 2. Commercial Zones (except C34 & C35)
• 3. Special Purpose Zones

ii. Least Preferred Locations include:

• 1. Rural Zones
• 2. Commercial Zones C34 & C35
• 3. Residential Zones

3. In order to reduce clutter and maintain the aesthetic quality and community character of certain civic and community uses, SCWs in the right-of-way shall not be located within 300 feet of schools, child care centers, hospitals, religious facilities, fire stations, or sheriff stations unless the applicant demonstrates that compliance with this requirement would be technically infeasible. Distance, without regard to intervening structures, shall be a straight line measured from the closest property lines.

4. In addition to the location preferences above, SCWs are encouraged to locate in the public right-of-way.

5. SCWs with a proposed location in the public right-of-way shall be classified by the same zoning district as that of the nearest adjacent parcel. Form Based Code or Fallbrook Village Code Zoning Districts shall follow the most similar zoning district from subsection A.2.ii, based on the approved uses.

6. When located on private property, SCWs shall comply with all minimum zoning setback requirements.

7. Configuration. To better assist applicants, minimize clutter, and limit other impacts to aesthetics and community character, subsection A.8. below sets out listed preferences for configurations of SCWs. Applications that involve configurations in subsections 8.i.4., 8.i.5., or 8.i.6. may be approved so long as the applicant demonstrates either: 1) no preferred configurations in subsections 8.i.1., 8.i.2., 8.i.3. exist within 1,000 feet from the proposed site; or 2) any available structures in subsections 8.i.1., 8.i.2., or 8.i.3. within 1,000 feet from the proposed site would be technically infeasible.

8. Configuration Preferences.

i. Wherever possible, a SCW shall be installed in one of the following configurations, ordered from most to least preferred.

• 1. Co-location with an existing facility
• 2. Existing or replacement utility poles
• 3. Existing or replacement structure, or roof-mounted in Industrial & Commercial Zones only
• 4. County-owned street light poles
• 5. County-owned traffic signals
• 6. New utility poles

ii. SCWs shall not be placed on decorative poles.

iii. SCWs permitted on existing structures shall be co-located where possible, provided, however, that no more than two (2) SCWs shall be co-located on the same structure. SCWs shall be constructed and sited to accommodate the future co-location of up to one (1) additional facilities.

9. Visual Separation Requirements for New Structures. Wherever possible, no two SCWs owned by the same provider shall be located within 500 feet of one another in Most Preferred Locations, or within 1,000 feet of one another in Least Preferred Locations in order to minimize clutter and other impacts to aesthetics and community character within the right of way.

10. New or replacement structures required to support SCWs and related fixed equipment shall not be located within the recommended clear recovery zone alongside County roadways.

11. New structures and related fixed equipment shall not impede sight distance at intersections or driveways for all roadway users based on County Public Road Standards.

12. SCWs on new and related structures shall not impair pedestrian use of sidewalks or pathways, shall be designed and sited in compliance with all Americans with Disabilities Act (ADA) accessibility requirements, and shall not inhibit equestrian activities on designated public or private trail systems.

13. All SCWs shall be built in compliance with the Americans with Disabilities Act (ADA).

14. Height:

i. When a SCW is attached or mounted on a structure, the least restrictive of the following height requirements shall apply:

1. The combined height of the structure and SCW shall not exceed 50 feet (including antennas).

2. The combined height of the structure and SCW can be no more than 10 percent greater in height than other structures located within 100 feet.

3. The combined height of the structure and SCW shall not increase the height of the original structure by more than 10 percent.

ii. Any SCW shall not increase the height of an existing facility.

15. Undergrounding. With the exception of antennas, electrical meters, and any other equipment that must be placed above ground to function, all SCW equipment must be undergrounded unless the applicant can demonstrate that undergrounding is technically infeasible.

16. Design.

i. SCWs shall be designed to visually and operationally blend into the surrounding area and shall be the same or similar color as the facility or structure to which they are attached. New structures are required to visually blend in and match existing poles in a neighborhood.

ii. SCWs shall comply with the Design Regulations contained in Section 6987 of this Zoning Ordinance, Subsections C, D, E, F, G, H, J, and M.

B. Operational and Maintenance Standards

1. SCWs shall be placed in operation only after receipt of post-inspection approval.

2. Noise. Noise from any equipment supporting the SCW shall meet the requirements of the County’s Noise Ordinance on an average hourly basis.

3. Plant Disturbance. The applicant shall avoid disturbance to the natural landscape and existing vegetation. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

4. Signage. SCWs must include signage that accurately identifies the site owner or operator, the owner or operator's site name or identification number and a toll-free number to the owner or operator's network operations center. Signage must also include information advising of the nature of the potential hazard (e.g. RF emissions) and how to avoid the potential hazard. SCWs may not bear any other signage or advertisements unless expressly approved by the County, required by law or recommended under Federal Communications Commission (FCC), Occupational Safety and Health Administration (OSHA) or other United States governmental agencies for compliance with RF emissions regulations. Signs shall be no smaller than 4 inches wide and 6 inches tall and no larger than 18 inches wide and 24 inches tall, be mounted at least 10 feet above the ground to not impair pedestrian and equestrian use of sidewalks or pathways, and not conflict with other standard colors in the road right-of-way such as orange, fluorescent green, and red in order to not create a visual distraction for drivers.

5. Compliance with Law. All SCWs must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, General Plan and any applicable specific plan, the County of San Diego Administrative Code and Regulatory Code, the Federal Communications Commission Rules and Regulations, and any conditions or restrictions in any permit or other governmental approving issued by any public agency with jurisdiction over the facility.

6. Continuous Compliance. Wireless communications service providers and their operational SCWs must comply at all times with conditions of approval, this code, and all other applicable standards and laws. Failure to comply with a condition, standard or law is grounds for possible revocation pursuant to this code.

7. All SCW installations shall be physically installed and aligned so as to ensure that FCC Limits for Maximum Permissible Exposure (MPE) for radiofrequencies (RF) are not exceeded, per 47 C.F.R. § 1.1310.

8. Removal. The removal of an existing SCW shall comply with Section 6989 of this ordinance. In addition, SCWs removed by the County shall be stored for no less than fifteen (15) days and thereafter may be disposed of by public auction, if deemed to be of value by the County, or otherwise permitted by law. The SCW provider shall provide the County with a copy of the discontinuation notice sent to the California Public Utilities Commission (CPUC) or FCC.

C. Small Cell Wireless Permit Application Contents

All SCW application requirements listed below shall be evaluated and signed by one or more of the following, if applicable: Licensed Architect, Licensed Contractor, Licensed Engineer, and/or Licensed Surveyor.

1. Scope of Work: Applicant shall submit a scope of work with sufficient detail to determine compliance with the requirements set forth below.

2. Structural Evaluation: Applicant shall submit a structural pole evaluation completed by a Licensed Civil Engineer or Licensed Contractor prior to placing a SCW on any County-owned utility pole, street light, or traffic signal.

3. Site Agreement: Applicant shall submit a written authorization signed by the structure owner authorizing the applicant to place a SCW on the structure.

4. Traffic Control Plan: Applicant shall submit a traffic control plan completed by a Licensed Civil Engineer or Licensed Contractor prior to installing an aboveground SCW on any County-maintained road.

5. Environmental Review Questionnaire: Applicant shall submit a completed environmental review questionnaire completed by a Licensed Civil Engineer or Licensed Contractor prior to installing an aboveground SCW on any County- maintained road.

6. Fire Service: Applicant shall submit evidence of compliance with Fire Policy FP-2 or a service letter from the applicable fire district.

7. RF Emissions: Applicants shall submit a radiofrequency radiation study (prepared by a licensed engineer qualified to evaluate radiofrequency emissions) which estimates the proposed project's radiofrequency emissions, demonstrating compliance of the proposed facility with applicable FCC policies, standards, and guidelines for MPE to radiofrequency radiation emissions.

8. Notice: Any application for a new or co-located SCW shall include evidence of compliance with the following notice requirements:

i. A notice of intent to request a permit for a new SCW shall be provided to all property owners within 500 feet of the proposed facility within 10 days of the submittal of a request.

ii. A notice of intent to request a permit for a new SCW shall be provided to any applicable community planning or sponsor group where the proposed facility is within 10 days of the submittal of a request.

(Added by Ord. No. 10622 (N.S.) adopted 8-07-19)

A. Any SCW permit application that proposes to co-locate on an existing approved Tier 1, Tier 2, Tier 3, or Tier 4 facility described above shall not require any further discretionary review if it complies with the application requirements of Section 6992.

B. Applications will be processed pursuant to the shot clocks outlined in Federal and State regulations.

C. Any permit issued under this section is subject to the validity of the FCC Declaratory Ruling and Third Report and Order adopted September 26, 2018 (FCC 18-133). All SCWs shall be deactivated within 30 days from the date the FCC Ruling is repealed or overturned and shall be removed within 12 months.

D. Any permit issued under this section shall expire and become null and void if the work authorized by the permit is not completed within 90 days from the approval date. Upon permit expiration, the permit automatically terminates. An expiration extension may be issued for an additional 90 days with evidence that substantial progress has been made.

E. Prior to July 1 of every calendar year, each SCW provider shall submit documentation identifying the location of each SCW in the right-of-way of the unincorporated County. The documentation shall include SCWs that are approved, but not yet built, SCWs that are currently operating, and locations containing non-operating SCWs. As part of this annual report, an RF emissions report must be provided for all approved, built, and operating SCWs.

(Added by Ord. No. 10622 (N.S.) adopted 8-07-19)

a. Purpose. By establishing land use requirements for cannabis facilities, this section defines standards and regulations for medicinal and adult-use commercial cannabis facilities to protect public health, safety, and welfare, ensure compliance with local and State law, provide safe and legal access to cannabis, and minimize the potential for negative impacts on communities and the environment.

b. Applicability. The standards of this section shall apply to all medicinal and adult-use commercial cannabis facilities as defined in Section 1000 (Definitions).

1. Special Area Designators. Cannabis facilities shall be subject to Special Area Designators as defined by Section 5025.

2. Commercial Agriculture Operations. The Commercial Agriculture Standards in Section 6157 shall not apply to cannabis facilities.

3. Cottage Industries and Home Occupations. Cannabis facilities shall not be permitted as a Cottage Industry, as defined by Section 6920, or as a Home Occupation, as described in Section 6156.m.

4. County Grading, Clearing and Watercourses Ordinance. Cannabis facilities shall be subject to the San Diego County Grading, Clearing, and Watercourses Ordinance. Nothing in this Section is intended, nor shall it be construed, to exempt cannabis facilities from agricultural grading or clearing permits, when required by the County Grading, Clearing and Watercourses Ordinance.

5. Agricultural Preserves. Cannabis cultivation is considered an agricultural activity, and cannabis is considered an agricultural commodity as it pertains to Board Policy I-38 “Agricultural Preserves”.

c. Conformance with other County Plans. Cannabis facilities shall be in conformance with the San Diego County General Plan, any applicable specific plans, master plans, and design requirements, as well as comply with all applicable zoning and regulatory standards, and state regulations.

d. Personal Medical and Adult Use. Personal medicinal and adult use cannabis cultivation are allowed, as described in Section 11362.2 of the California Health and Safety Code, and require no permits or licenses, provided they are legally conducted in compliance with the requirements of all applicable County and State laws.

e. Development Standards.

1. Zoning. Cannabis facilities shall comply with the following zoning regulations.

i. Cultivation. Cultivation facilities, including outdoor, indoor, or mixed-light cultivation, may be located in the A70 and A72 zones.

ii. Distribution. Distribution facilities may be located in the M50, M52, M54, M56, and M58 zones.

a) Cannabis cultivation facilities and cannabis manufacturing facilities may self-transport the cannabis or cannabis products the permittee has cultivated or manufactured onsite, provided the permittee has obtained all required state licenses. This type of transport-only distribution does not require separate permitting as a distribution facility.

iii. Manufacturing. Manufacturing facilities may be located in the M50, M52, M54, M56, and M58 zones.

iv. Microbusiness. Microbusiness facilities may be located in the A70, A72, C35, C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. Additionally, the following restrictions apply to activities permitted as part of a microbusiness:

a) Cultivation shall be limited to indoor cultivation in the C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. Mixed-light and outdoor cultivation are prohibited in all commercial and industrial zones. In the A70 and A72 zones, cultivation must be one of the activities included in the microbusiness.

b) Retail shall be limited to non-storefront retail in the A70 and A72 zones.

c) Manufacturing shall not include volatile manufacturing, as defined by the California Department of Cannabis Control, in any zone as part of a microbusiness. Manufacturing activities permitted as part of a microbusiness in the A70 and A72 zones shall only include manufacturing of cannabis grown on-site.

v. Retail and Consumption Lounge. Storefront retail facilities, non-storefront retail facilities, and consumption lounges may be located in the C35, C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. A storefront retail facility may include a consumption lounge. Consumption lounges are not allowed as a standalone use and must be permitted with and contained within the premises of a storefront retail facility or microbusiness containing a storefront retail facility.

vi. Testing Laboratory. Testing laboratories may be located in the M50, M52, M54, M56, and M58 zones.

2. Maximum Number of Cannabis Facility Types. A maximum of two cannabis facility types shall be allowed on each legal lot. For the purposes of this section, the cannabis facility types include cultivation, retail (including consumption lounges), distribution, manufacturing, and testing laboratories. This restriction shall not apply to microbusinesses.

3. Location. Cannabis facilities shall comply with the following location requirements.

i. Residential structures shall not be used for cannabis facilities.

ii. Cannabis facilities shall not be permitted within trailers, recreational vehicles, or similar. Storage of cannabis may be allowed within cargo containers and must comply with the requirements of Section 6162.

4. Buffers.

i. Cannabis facilities shall be sited outside of a 600-foot radius buffer from all cannabis sensitive uses that are existing and legally established at the time of the cannabis facility permit application. For the purposes of this section, cannabis sensitive uses are defined as:

a) Schools. For purposes of this section, school means any public or private institution of learning providing instruction in transitional kindergarten, kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

b) Day cares. For purposes of this section, day care means any child day care facility other than a family day care home or in-home day care, and includes infant centers, preschools, extended day care facilities, and school age childcare centers, as defined by Section 1596.76 of the California Health and Safety Code.

c) Youth centers. For purposes of this section, youth center means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities, as defined by Section 11353.1 of the Health and Safety Code.

ii. Measurement of Distance. The measurement of distance, without regard to intervening structures, from a cannabis facility and a cannabis sensitive use shall be:

a) A straight line measured from the closest property lines of the cannabis facility to the closest property line of schools, day cares, and youth centers that are existing and legally established at the time of the cannabis facility permit application submittal. To confirm this distance, the applicant may be required to submit documentation of all parcels and land uses within a 600-foot radius including measurements to cannabis sensitive uses.

b) If any portion of a legal lot the cannabis facility is sited upon is located within a 600-foot radius buffer of the property line of an existing cannabis sensitive use as defined in Section 6995.e.4.i, said lot shall be prohibited from the development of any cannabis facility.

iii. Consideration of Buffer Requirement. Once a cannabis facility is legally established, the cannabis sensitive use buffer requirement shall not be considered again when applying for a Minor Deviation, Modification, or a subsequent Zoning Verification Permit, provided that an additional cannabis activity is not being proposed on the lot. If an additional cannabis activity is proposed, the buffer requirement shall be considered for the additional cannabis activity at the time of permit application submittal.

5. Parking. Parking for cannabis facilities shall comply with the parking standards commencing at Section 6750, except that the computation of parking shall comply with the table below. When two or more facility types are located in a single structure or on a single parcel, the required parking shall be provided for each specific facility type (e.g., the total parking required for an establishment that has both distribution and manufacturing shall be determined by computing the parking for the distribution facility and the manufacturing facility and then added together).

6. Signage. Signs shall comply with the On-Premise Sign Regulations commencing at Section 6250 and shall also comply with the additional following requirements.

i. Signage shall not depict any image of cannabis or cannabis products.

ii. Signage shall not contain depictions of individuals under 21 years of age.

iii. Signage shall not be attractive to youth. This includes advertising that contains:

a) Depictions or images of minors or anyone under 21 years of age ;

b) Images that are attractive to children such as cartoons;

c) Likeness, characters, or phrases used to advertise to children;

d) Imitates candy packaging or labeling;

e) Use of the terms "candy” or “candies” or a variant in spelling such as “kandy” or “kandeez”.

iv. No cannabis facilities shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis facility or elsewhere including, but not limited to, the public right-of-way.

v. Off-premises advertising or marketing is prohibited in the unincorporated area of the county on any sign or billboard located within 600-ft of a cannabis sensitive use as defined in Section 6995.e.4.i.

f. Performance Standards. All cannabis facilities, including accessory cannabis activities, must comply with the following performance standards. The standards of this section shall be in addition to Sections 6300 through 6326, 6700 through 6714, and 6750 through 6799. Where there are conflicts between the standards in this section and any other applicable standards, the standards in this section shall take precedence.

1. Cannabis Mitigation Monitoring and Reporting Program. All facilities shall be in conformance with the applicable measures from the Mitigation Monitoring and Reporting Program for the County of San Diego Socially Equitable Cannabis Program Environmental Impact Report (County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program) adopted by the Board of Supervisors on August 19, 2026. These requirements are incorporated into Section 6995. For qualifying projects to be processed through a Zoning Verification Permit, the project must meet specific criteria outlined in Section 6995.h pertaining to these measures. Projects which cannot meet these criteria will require an Administrative Permit.

2. Lighting. Exterior lighting at all facilities shall comply with the Outdoor Lighting regulations in Sections 6322 through 6326 and Section 51.201 et seq. of the San Diego County Code of Regulatory Ordinances relating to light pollution. In addition, all exterior lighting shall be operational, full cut-off, shielded, and downward facing. Lighting shall not spill over onto other properties, structures, or the night sky. All lighting for indoor/enclosed spaces shall utilize LED bulbs, or equivalent or more efficient technology. Additionally, security lighting shall be motion sensor activated in agricultural zones.

3. Fencing. All facilities shall comply with Sections 6700 through 6714 of the Fencing and Screening Regulations, except that they shall not include razor or barbed wire as allowed by Section 6708.b.2. Where necessary, fencing shall be designed to allow for the movement of wildlife. Cultivation facilities shall also comply with the additional cultivation-specific fencing requirements in Section 6995.g.2.viii.

4. Noise.

All facilities shall comply with Section 36.401 et seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control, and General Plan Noise Element Tables N-1 and N-2.

Additionally, as required by, and specified in measure M-N.1-1 from the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, applications for cannabis facilities requiring an Administrative Permit shall include noise reduction measures into construction plan specifications/project plans. Applications for cannabis facilities requiring a Zoning Verification Permit shall include a plan note which states that the project must comply with the provisions of Section 36.401 et seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control.

5. Odor. All facilities shall comply with the provisions of Section 21.2501 et seq. of the San Diego County Code of Regulatory Ordinances relating to Odor Control. The standards of Section 6318 shall not apply.

6. Water Source. Trucked water shall not be allowed except in case of emergency, as determined by the Director or their designee(s).

7. Compliance with Climate Action Plan (CAP) Checklist. As required by measures M-GC.1-1 and M-EN.2-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, each cannabis facility application subject to a discretionary permit shall include measures enumerated within the County’s CAP Checklist, as applicable.

8. Groundwater Usage.

As required by measure M-HYD.2-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, for projects using groundwater, the applicant shall provide a groundwater analysis or memorandum prepared by a California Professional Geologist from the County of San Diego’s CEQA Consultants List for Privately Initiated Projects. If it can be demonstrated to the satisfaction of the County that the project’s extraction of groundwater would not have a net increase in groundwater production from existing baseline groundwater use, in accordance with CEQA, no further action is needed. To qualify as a Zoning Verification Permit the project must submit a letter report/memorandum which determines that the project meets certain criteria pertaining to groundwater usage, as outlined in Section 6995.h.

If it is determined that new or additional groundwater supplies are needed to support a project, as required by measure M-HYD.2-2 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, a groundwater analysis shall be prepared by a California Professional Geologist and provided with the cannabis facility application that is consistent with the County’s Guidelines for Determining Significance and Report Format and Content Requirements - Groundwater Resources. The analysis shall identify whether groundwater use would be sustainable in accordance with County guidelines and if needed, provide mitigation measures to the extent feasible to reduce potential adverse effects on groundwater. This could include design modifications, such as limiting cultivation or using imported water if available.

9. Municipal Water Usage. As required by measure M-UT.1-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, for projects using municipal water, the applicant shall obtain a will serve letter to provide verification that adequate water supplies are available as part of the permit application submittal.

10. Water Conservation Measures. As required by measure M-UT.1-2 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, for projects proposing new water features, applications shall include details on water conservation measures to be incorporated in the project plan set. Water conservation measures could include installation of water efficient plumbing fixtures and fittings and use of water-efficient landscaping, such as native plants and drip/subsurface irrigation, evaporative barriers on exposed soils and pots, rainwater capture and reuse, recirculated irrigation water (zero waste), soil moisture controls, and recycled water use. This shall include documentation of compliance with all applicable water conservation requirements associated with building features and landscaping.

11. Biological Resources.

As required by measure M-BI.1-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, projects that propose ground disturbance, vegetation removal, and/or grading must submit a reconnaissance-level survey for biological resources conducted on the survey area prior to any staging or development activities. The survey area shall include the proposed development area, including areas of anticipated construction and ground disturbance, as well as staging areas, areas of anticipated light or noise impact, ingress and egress routes, and utility routes. The survey area shall be large enough to encompass areas subject to both direct and indirect impacts of the cannabis facility. The survey shall be prepared by a qualified biologist (i.e., familiar with wildlife, plants, and habitats in San Diego County) from the County of San Diego’s CEQA Consultants List for Privately Initiated Projects. The survey, report, and any subsequent mitigation, surveys, or monitoring shall be conducted in compliance with measure M-BI.1-1 and the additional biological resources mitigation measures outlined in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program.

To qualify as a Zoning Verification Permit, the applicant shall submit a letter report or memorandum which determines that no special-status wildlife, special-status plants, habitat suitable for these species or other sensitive biological resources are present on the project site or have the potential to occur, as outlined in Section 6995.h. The findings must be supported without a requirement for additional biological mitigation measures, surveys, or monitoring.

12. Historical Structures.

As required by measure M-CR.1.1-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, for projects that involve modifications to structures over 45 years in age, excluding interior alterations, the addition of rooftop solar, or routine maintenance work, the applicant shall have the structure evaluated to determine its eligibility for listing on the National Register of Historic Places, California Register of Historical Resources, or County local official register of historic resources. The evaluation shall be prepared by an architectural historian or historical architect who meets the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, Professional Qualification Standards and is listed on the County of San Diego’s CEQA Consultants List for Privately Initiated Projects. The evaluation shall comply with State CEQA Guidelines Section 15064.5(b). To qualify as a Zoning Verification Permit, the applicant must submit a letter report/memorandum and the evaluation must conclude that no historical resources are present or that the project would not result in a substantial adverse change to the significance of historical resources, as outlined in Section 6995.h.

If resources eligible for inclusion in the NRHP, CRHR, or local official register of historic resources are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts. If avoidance of a significant architectural or built-environment resource is not feasible, additional mitigation options include specific design plans for historic districts and plans for alteration or adaptive reuse of a historical resource that follows the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Reconstructing Historic Buildings.

13. Vehicle Miles Traveled (VMT).

As required by measure M-TR.2-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, applications for cannabis facilities shall demonstrate whether the proposed cannabis facility would meet the screening criteria outlined in the County of San Diego Transportation Study Guidelines, January 2026, or any subsequent updates to these guidelines, or other State or County regulations that provide clear standards for screening criteria from VMT analysis requirements. Applications that meet objective screening criteria approved by the County shall not require further VMT analysis. To qualify as a Zoning Verification Permit, the project must meet one of the objective screening criteria.

If the proposed commercial cannabis facility does not meet any of the objective screening criteria, the applicant shall submit a project-level VMT analysis prepared by a consultant listed on the County of San Diego’s CEQA Consultants List for Privately Initiated Projects. The analysis must identify VMT impacts associated with the cannabis facility and determine the significance of project impacts or provide substantial evidence to support a less than significant finding. If project impacts are significant, the project applicant shall reduce project-induced VMT impacts to the extent feasible through implementation of VMT-reducing infrastructure and/or strategies, such as Transportation Demand Management (TDM), or other measures acceptable to the County. TDM measures may include strategies such as ridesharing initiatives (e.g., carpooling), promoting alternative work schedules and telework, subsidizing employee use of public transit, and promoting bicycling, walking, and the use of public transit. The proposed mitigation is subject to the County’s review and approval, and no development shall proceed until the County determines the proposed mitigation is acceptable.

g. Activity-Specific Standards.

1. Consumption Lounge.

i. Consumption lounges shall be contained and fully enclosed within the premises of a storefront retail facility or microbusiness containing a storefront retail facility.

ii. Consumption lounges must be located on the same legal parcel as the associated cannabis storefront retail facility.

iii. Consumption lounges shall have a dedicated entrance from the street or public sidewalk and shall have no internal connections or passage to any other tenant space or use except that a consumption lounge may have an internal connection to a cannabis storefront retail facility and may share an entrance.

iv. The preparation and sale of non-cannabis infused food and/or beverages may be allowed in a consumption lounge. Any consumption lounge that will be providing non-cannabis infused food and/or beverages as part of their business operation must comply with all applicable provisions established in the California Health and Safety Code (HSC) (sections 113700 et seq.), also referred to as the California Retail Food Code (CRFC), as well as all applicable provisions established in the San Diego County Code of Regulatory Ordinances that pertain to the operation of a retail food facility. All necessary approvals and permits must be obtained from the County of San Diego Department of Environmental Health and Quality (DEHQ) prior to the operation of any retail food facility.

v. No live music or outdoor amplified sound is allowed at a consumption lounge.

2. Cultivation.

i. Outdoor and mixed-light cannabis cultivation areas shall be setback a minimum of 100-feet from all lot lines. The setback shall be measured from the outer boundaries of the cannabis cultivation area or the area of the structure used for cultivation to the lot lines.

ii. Outdoor and mixed-light cannabis cultivation areas shall be setback a minimum of 300-feet from legal dwellings under separate ownership on adjoining legal lots existing at the time of the cannabis facility permit application submittal. The setback shall be measured from the nearest point of the cannabis cultivation area or area of the structure being used for cultivation to the closest point of the legal dwelling.

iii. Cannabis cultivation shall not occur on slopes 25% or greater.

iv. Lighting is prohibited in an agricultural shade structure or agricultural crop structure, as defined by Sec 91.1.105.2.a.18 of the County Building Code. Mixed-light cultivation is prohibited within agricultural shade structures or agricultural crop structures and must be located within an enclosed greenhouse. This type of structure would require a building permit due to structural elements such as footings, foundations, plumbing or electrical wiring.

v. Nighttime light escape from mixed-light cultivation shall be controlled using internal black-out curtains or other equally or more effective methods to prevent the facility from emitting nighttime light escape.

vi. All processing (e.g., drying, curing, sifting, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products) must occur within a fully enclosed structure and is allowed as an accessory use to on-site cultivation, provided the activity is in compliance with all applicable standards of this section and the applicable mitigation measures in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program. Processing as a principal or primary use is not allowed.

vii. Generators shall not be used for cultivation except for temporary use in case of emergency, as determined by the Director or their designee(s).

viii. Enclosed fencing shall be required around all areas designated for outdoor cannabis cultivation. Fencing materials including razor wire, barbed wire, electrical wire, or similar are prohibited from use in these areas.

ix. As required by measure M-AE.2-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, mixed-light and outdoor cultivation facilities that are located within public viewpoints (visible from public roads or other public viewpoints such as parks) shall include a visual analysis, photo simulation, or other appropriate level of review consistent with the County of San Diego Guidelines for Determining Significance and Report Format and Content Requirement - Visual Resources, to evaluate the potential for a proposed cannabis cultivation facility to substantially degrade the visual character or quality of public views. If the project site can be demonstrated to be outside of a public view, no further action is required. Potential visual impacts shall be addressed by siting outdoor and mixed-light cultivation facilities outside of public views. If this cannot be achieved, the applicant shall provide the reasoning in writing (e.g., all sites within the property are within public views, the site was previously farmed and selecting a new site would require additional grading, other sites contain sensitive resources, other sites do not contain fertile soils or other suitable conditions for growing cannabis). The siting of outdoor and mixed-light cultivation facilities will be subject to the County’s review and approval during the permit application process.

x. Cultivation facilities may include an accessory nursery cultivation area for producing clones, immature plants, seeds, and other agricultural products to be used exclusively for the on-site propagation and cultivation of cannabis. Nursery cultivation areas must comply with the applicable standards of this section, including cultivation performance and buffer standards, and the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program.

3. Microbusiness.

i. A microbusiness must comply with the requirements of this section specific to all the applicable cannabis activities in which the facility engages. For example, if the microbusiness engages in cultivation activities, it must satisfy all the applicable cultivation requirements of this section. This also applies to manufacturing, distribution, and retail activities.

ii. Manufacturing activities permitted as part of a microbusiness shall not include volatile manufacturing, as defined by the California Department of Cannabis Control. Manufacturing activities permitted as part of a microbusiness in the A70 and A72 zones shall only include manufacturing of cannabis grown on-site.

iii. The cultivation area permitted as part of a microbusiness shall be limited to a maximum of 10,000 square feet.

4. Retail.

i. On lots zoned A70 and A72, retail shall be limited to non-storefront retail as part of a microbusiness.

ii. The premises of a non-storefront retail facility shall be closed to the public.

5. Testing Laboratory.

i. Testing shall be the sole cannabis activity on the legal lot.

6. Distribution.

i. As required by measure M-N.2-1 in the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program, distribution facilities that are proposed on a parcel within 30 feet of a noise sensitive land use (residential uses, public and private educational facilities, hospitals, convalescent homes, hotels/motels, daycare facilities, passive recreational parks, libraries, or other similar facilities where quiet is an important attribute of the environment, as defined by the County of San Diego General Plan and the County of San Diego Guidelines for Determining Significance - Noise) must submit a noise analysis. The noise analysis shall be prepared in accordance with County of San Diego Guidelines for Determining Significance - Noise and will evaluate the effect of project implementation on nearby land uses and shall identify appropriate measures (e.g., equipment enclosures, equipment location, noise barriers) that reduce noise to acceptable levels as presented in Section 36.401 et seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control and General Plan Noise Element Tables N-1 and N-2. To meet these standards, noise levels will be modeled from the location of the loading activities to the noise-sensitive land use parcel.

h. Permitting Requirements. This section establishes the permit requirements based on the proposed cannabis facility. Cannabis facilities shall not operate until all applicable County permits have been issued and all permit conditions have been satisfied. Changes to an existing and approved cannabis facility may require a subsequent Zoning Verification Permit, Minor Deviation, Modification, or other permit, and must be in conformance with the applicable regulations of this Section and the County of San Diego Cannabis Program Mitigation Monitoring and Reporting Program. In addition to obtaining County permits, permittees of cannabis facilities must also obtain and maintain in good status a valid County Cannabis Business License as required by Section 21.2501 et seq. of the San Diego County Code of Regulatory Ordinances, and a valid State cannabis license(s), as required by the California Department of Cannabis Control. Additionally, cannabis facilities must obtain approvals from the California Department of Fish & Wildlife and the California State Water Resources Control Board, as necessary.

1. Outdoor cultivation 5,000 sq. ft. or less.

i. Outdoor cultivation of 5,000 square feet or less in canopy area shall be allowed with a Zoning Verification Permit provided all the following criteria are met, in addition to all other applicable regulations in this Section. For the purposes of this section, accessory nursery cultivation areas must also be grown outdoors and shall factor into the maximum 5,000 square feet of area. Projects that do not meet the criteria listed below will require an Administrative Permit (and potentially a Site Plan where required by the Zoning Ordinance).

a) The project does not require approval of a discretionary permit, not including exemptions, due to the “B”, “D”, “G”, “H”, “J”, “P” “R”, “S” or “V” Special Area Designators.

b) The project shall be located entirely within the footprint of an ongoing, existing, legally established agricultural operation such that the establishment of the use does not require the approval of any type of clearing or grading permit. For the purposes of this section, an ongoing existing, legally established agricultural operation shall be in conformance with the permitting requirements under existing County policies. The use of an existing structure(s) is allowed for accessory uses such as storage or processing, but it shall not be expanded beyond its existing building footprint.

c) A Zoning Verification Permit shall only be issued for a single cannabis facility type on each legal lot. If the project includes more than one cannabis facility type, would result in a lot with more than one cannabis facility type permitted by a Zoning Verification Permit, or would result in an outdoor canopy area greater than 5,000 square feet, an Administrative Permit shall be required.

d) The Zoning Verification Permit shall only permit the cannabis use. Any additional improvements may require additional permits.

e) The outdoor cannabis cultivation area shall be located completely outside of public views including public roads, parks, or other public viewpoints.

f) No special-status wildlife, special-status plants, habitat suitable for these species or other sensitive biological resources are present within or adjacent to the proposed project footprint or have the potential to occur, as determined by the reconnaissance-level biological resources letter report/memorandum, when required by Section 6995.f.11. The findings must be supported without a requirement for additional biological mitigation measures, surveys, or monitoring.

g) No historical resources are present on the project site, or if they are present, the project would not result in a substantial adverse change to the significance of historical resources as determined by the historical resources evaluation, when required by Section 6995.f.12.

h) The project is not likely to interfere with the production and functioning of existing nearby wells, substantially decrease groundwater supplies, and will not result in a net increase in groundwater production from existing baseline groundwater use, as determined by a groundwater letter report/memorandum, when required by Section 6995.f.8.

i) The project meets one of the objective screening criteria outlined in the County of San Diego’s Transportation Study Guidelines, January 2026, or any subsequent updates to these guidelines, or other State or County regulations that provide clear standards for objective screening criteria from VMT analysis requirements.

j) Adequate public facilities, services, and utilities are available to service the project.

2. Distribution, manufacturing, testing laboratories, storefront retail (not including a consumption lounge) and non-storefront retail facilities shall be allowed with a Zoning Verification Permit provided all the following criteria are met in addition to all other applicable regulations in this Section. Projects that do not meet the criteria listed below will require an Administrative Permit (and potentially a Site Plan where required by the Zoning Ordinance).

i. The project does not require approval of a discretionary permit, not including exemptions, due to the “B”, “D”, “G”, “H”, “J”, “P” “R”, “S” or “V” Special Area Designators.

ii. The project is located within an existing, permitted structure(s) on a previously developed lot. The project does not propose improvements or modifications to the existing structure(s) or on the project site which would result in new ground disturbance in a previously undisturbed area, or require the approval of a clearing or grading permit.

iii. A Zoning Verification Permit shall only be issued for a single cannabis facility type on each legal lot. If the project includes more than one cannabis facility type or would result in a lot with more than one cannabis facility type permitted by a Zoning Verification Permit, an Administrative Permit shall be required.

iv. The Zoning Verification Permit shall only permit the cannabis use. Any additional improvements may require additional permits.

v. No special-status wildlife, special-status plants, habitat suitable for these species or other sensitive biological resources are present within or adjacent to the proposed project footprint or have the potential to occur, as determined by the reconnaissance-level biological resources letter report/memo, when required by Section 6995.f.11. The findings must be supported without a requirement for additional biological mitigation measures, surveys, or monitoring.

vi. No historical resources are present on the project site, or if they are present, the project would not result in a substantial adverse change to the significance of historical resources as determined by the historical resources evaluation, when required by Section 6995.f.12.

vii. The project is not likely to interfere with the production and functioning of existing nearby wells, substantially decrease groundwater supplies, and will not result in a net increase in groundwater production from existing baseline groundwater use as determined by a groundwater letter report/memorandum, when required by Section 6995.f.8.

viii. The project meets one of the objective screening criteria outlined in the County of San Diego’s Transportation Study Guidelines, January 2026, or any subsequent updates to these guidelines, or other State or County regulations that provide clear standards for screening from VMT analysis requirements.

ix. For distribution facilities, the facility is located at least 30 feet from a noise-sensitive land use (residential uses, public and private educational facilities, hospitals, convalescent homes, hotels/motels, daycare facilities, passive recreational parks, libraries, or other similar facilities where quiet is an important attribute of the environment, as defined by the County of San Diego General Plan and the County of San Diego Guidelines for Determining Significance - Noise). To meet these standards, noise levels will be modeled from the location of the loading activities to the noise-sensitive land use parcel.

x. Adequate public facilities, services, and utilities are available to service the project.

3. Indoor cultivation, mixed-light cultivation, outdoor cultivation over 5,000 sq. ft in canopy area, microbusinesses, consumption lounges, and any cannabis facilities which do not meet the criteria to be processed as a Zoning Verification Permit shall require an Administrative Permit.

i. Noticing for Cannabis Facilities. The applicant for an Administrative Permit shall provide notice materials (as specified by the Director) with the permit application which shall be used by the Department to notify property owners within 500 feet of the exterior boundaries of the subject lot, with a minimum of 20 different owners, of the receipt of said application.

j. Administrative Permit Findings. For cannabis facilities that require approval of an Administrative Permit, the permit may be approved in accordance with the Administrative Permit Procedure commencing at Section 7050 if it is found:

1. That the facility complies with all requirements specified in Section 6995.

2. That the location size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to the project design including scale, bulk and density and the availability of public facilities, services and utilities.

3. That the requirements of the California Environmental Quality Act have been complied with.

(Added by Ord. No. 11015 (N.S.) adopted 8-19-26)