Chapter 9-405 — Nonconformity Provisions

The purpose of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the development standards and use regulations of this Title. This Chapter permits those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. It also distinguishes between incompatible nonconformities that are detrimental to public health, safety, and general welfare and nonconformities that are economically productive and compatible with surrounding development despite being inconsistent with the long-term future of an area, as expressed in the General Plan, the use regulations or the development standards of this Title or any applicable specific plan.

This Chapter applies to structures, land, and uses that have become nonconforming by adoption of this Development Title or prior versions of this Development Title, as well as structures, land, and uses that become nonconforming due to subsequent amendments to the Development Title's text or to the Zoning Map or adoption of a specific plan. Nonconforming uses also include uses that were previously permitted by-right, but are now subject to a discretionary permit, such as an Administrative Use Permit or a Conditional Use Permit.

Nonconforming structures, land, and uses are declared to be incompatible with permitted structures, land, and uses and the corresponding standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted by this Chapter.

(a)

For Limited Parking. Residential structures with at least one parking space per dwelling unit are not considered nonconforming solely due to inadequate parking.

(b)

For Certain Residential Uses.

(A)

Any residential structure that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a conforming structure if located in a zone that permits residential uses, even if the zone no longer permits the type or number of residential structures. Such structure may be enlarged with a building permit.

(B)

Any residential structures that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a non-conforming structure if located in a zone that does not permit residential uses. Such structure may be enlarged up to 50 percent of the existing floor area with a building permit but no discretionary review. Additions exceeding 50 percent of the existing floor area may be approved, subject to a Zoning Compliance Review and any such enlargement or a replacement of such use must conform to this Title and any applicable Specific Plan or Special Purpose Plan.

(c)

For Certain Nonconforming Features. A use, lot, or structure shall not be deemed nonconforming solely because it does not conform with standards for fencing and screening, landscaping and planting requirements, parking and loading, setbacks, standards for projections above the top of buildings, or restrictions on features allowed in required yards and setback areas, or because of other deviations from the requirements of this Title or any applicable specific plan that are determined to be minor by the Zoning Administrator.

(d)

For Specific Repairs and Improvements. This Chapter does not prevent repairs, improvements, or maintenance, including in replacement of building features, that are necessary to comply with this Title or to strengthen or restore to a safe condition any building, structure, or part thereof declared to be unsafe by the Building Official.

(Ord. No. 4632, § 13, 9-26-2023)

A nonconforming use that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;

(2)

If the nonconforming use is conducted wholly or partially within a conforming structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled up to 25 percent of the existing floor area subject to a Zoning Compliance Review. Additions exceeding 25 percent of the existing floor area may be approved, subject to an Administrative Use Permit; and

(3)

If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than 18 consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located, and the nonconforming use may not thereafter be resumed.

(b)

Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a conforming structure may be changed to another nonconforming use within that structure, subject to the following:

(1)

If the nonconforming use is changed to another nonconforming use classified within the same use type and the Zoning Administrator determines that additional off-street parking and loading space is not needed for this change, no permit or approval shall be required.

(2)

A Zoning Compliance Review shall be required for all changes other than those described in Subsection (c) (1) above.

(3)

A change subject to a Zoning Compliance Review shall be allowed only if the Zoning Administrator finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Zoning Administrator may impose conditions and an amortization period for the new use.

(4)

No nonconforming use shall be changed to a different nonconforming use.

(d)

Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use that is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(e)

Abandonment of a Nonconforming Use. No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 18 months.

(1)

Special Circumstances. A nonconforming use is not considered abandoned following damage from a catastrophic event, a state of emergency, a pandemic, or a casualty event provided that the business owner is actively engaged in restoring the use. Moreover, the 18-month period does not include the period between the date the County notifies the owner that the application for reconstruction of the use has been found to be complete and the date the County's action on the application becomes final or the date the building permit issued by the County for the reconstruction expires, whichever is later.

(2)

Exceptions. The nonconforming status of a single-unit dwelling shall not lapse, regardless of the length of time of non-use.

(Ord. No. 4683, § 10, 12-9-2025)

A nonconforming structure that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2)

Such structure may be added to or enlarged within the yard setback areas, provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than 100 percent. Expansions within the setback area that are greater than 100 percent require an Administrative Use Permit; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

(b)

Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the development standards and other requirements of this Title for the zone in which the lot is located.

(c)

Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(d)

Structural Repairs. Structural repairs may be undertaken without discretionary review when the cost of such work does not, within a 12-month period, exceed 75 percent of the replacement cost of the nonconforming structure as determined by the Building Official. All other structural repairs require an Administrative Use Permit.

Notwithstanding any other provision of this Chapter, a building, structure, or site listed on the National Register of Historic Places, or registered as a State Historical Landmark, or designated as a County Landmark or historic resource shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with Federal and State regulations regarding historic buildings, structures, or sites and the provisions of Chapter 9-705, Historic Districts and Landmarks.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

A use that was established without obtaining required permits shall be deemed a conforming use only if all of the following conditions are satisfied:

(a)

Conformance to Development Title. The use shall comply with all applicable requirements of the Development Title that would have been required at the time the use was established unless a variance or

waiver is obtained pursuant to Chapters 9-805 and 9-806, respectively.

(b)

Permits. The following permits shall be required:

(1)

If the use is permitted in the zone where it is located, a Zoning Compliance Review shall be required; if the use requires an Administrative Use Permit or a Conditional Use Permit in the zone where it is located, then that permit shall be required.

(2)

Other permits that normally would have been required at the time the use was established shall be obtained.

Chapter 9-406 - Parking and Loading

The purposes of the off-street parking and loading regulations are to:

(a)

Ensure that adequate off-street parking and loading facilities are provided for new uses and major alterations and additions to existing uses in order to meet parking demands and to or minimize negative impacts associated with spillover parking onto adjacent streets;

(b)

Address the needs of people traveling by bicycle by requiring short-term and long-term bicycle parking and parking lot designs that offer safe bicycle access;

(c)

Establish standards and regulations for safe and well-designed parking, loading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots;

(d)

Allow reductions in the number of required parking spaces for areas with a diverse mix of land uses with off-setting periods of peak parking demand, for shared parking facilities, and for other situations expected to have lower vehicle parking demand; and

(e)

Reduce urban stormwater run-off.

The provisions of this Chapter shall apply whenever:

(a)

A new building is constructed;

(b)

An existing building, including a legal nonconforming structure, is enlarged, creating an increase for more than 10 percent of the required spaces; or

(c)

The use of any building is changed, and the proposed use requires an increase of more than 10 percent in the number of spaces provided.

(a)

Computation of Required Parking. Whenever the computation of the number of off-street parking spaces required by this Chapter results in a fractional parking space, one additional parking space shall be required for a fractional space of one-half or more. A fractional space of less than one-half shall not be counted.

(b)

No Reduction in Off-Street Parking and Loading Spaces. Off-street parking and loading spaces serving an existing building or use shall not be reduced in number below that which would be required for a new building or use of a similar type under the requirements of this Chapter. All such off-street parking and loading spaces shall remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces may be rented out to non-occupants, or otherwise made publicly accessible, provided that such spaces must be vacated on 30 days' notice if they become needed by occupants of the property.

(c)

Separate Parking and Loading Spaces. No area may be used and counted both as a required parking space and a required loading space. However, maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements of this Chapter for both parking and loading facilities.

(d)

Conversion of Existing Parking Facilities for Shared Use. An existing parking facility is not required to be maintained for the exclusive private use of the land use for which it was constructed as accessory parking. A property owner may submit a parking inventory and occupancy study of off-street parking and on-street parking in the vicinity of the project, conducted by an independent transportation planning and/or engineering consultant, to the Zoning Administrator to demonstrate that a certain share of the existing parking spaces on the property are infrequently utilized. On the basis of this inventory and study, the

Zoning Administrator may grant the property owner authorization to dedicate the underutilized portion of the off-street parking to other uses, including leasing such spaces to other businesses, other property owners, or developers of projects within a one-quarter mile walking distance of the facility to provide some or all of their required off-street parking obligations.

(e)

Parking for Disabled Persons. Parking spaces intended for the exclusive use of a Disabled Person permitted vehicle and provision of access for disabled persons shall be provided, as required by the California Building Code, Division 11, Site Accessibility. Such spaces will be counted towards the parking requirements of this Chapter.

(1)

Number. The number of the required off-street parking spaces required for any use by this Chapter to be reserved and be designed for Disabled Person permit holders shall be provided in accord with State law and the following standards:

TABLE 9-406.030: PARKING FOR DISABLED PERSONS STANDARDS

(2)

Design, Designation, and Location. All parking spaces for Disabled Person permit holders shall, at a minimum, comply with the design, designation, and location requirements of the California Building Code, Division 11, Site Accessibility.

(f)

Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this Chapter may be enlarged or expanded; provided, that additional

parking and loading facilities shall be added so that the enlarged or expanded portion of the building conforms to the requirements of this Chapter.

(g)

Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a final approval for the uses that they serve.

(h)

Damage or Destruction. When a use that has been involuntarily damaged or destroyed is re-established, off-street parking and loading facilities must also be re-established or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities more than those required by this Chapter.

(i)

Exceptions.

(1)

Neighborhood Retail. Commercial uses having a gross floor area of 2,500 square feet or less are exempt from the off-street parking and loading requirements of this Chapter.

(2)

Alternative Access and Parking Plans. If an alternative access and parking plan is approved pursuant to Section 9-406.070, the off-street parking requirements shall be subject to the provisions of that plan.

(j)

Motorcycle and Bicycle Spaces. For every four motorcycle or six bicycle parking spaces provided, a credit of one parking space shall be given toward the requirements of this Chapter, provided, however, that the credit for each shall not exceed 1/40th of the total number of standard parking spaces required.

(k)

Front Yard Parking. Parking spaces necessary to meet off-street parking requirements shall be permitted within the required front yard setback of a residential unit.

All applications for development, including applications for Zoning Compliance Reviews, must include a table showing that off-street parking spaces will be provided in the quantities set forth in Table 9-406.040.

(a)

Description of Use Types. Use types are defined Chapter 9-901.

(b)

Requirements Cumulative. Where Tables 9-406.040 set forth more than one requirement for a given use type, those requirements shall be cumulative.

(c)

Spaces Based on Square Footage. The square footage requirements used in Table 9-404.040 to calculate parking spaces refer to the total floor area of all buildings on the lot calculated according to Section 9- 102.080 and excluding any area used exclusively for parking and loading in garages or parking facilities.

(d)

Spaces Based on Employees. The employee requirements used in Table 9-404.040 to calculate parking spaces refer to the maximum number of employees who could be working at one time when the facility is operating at full capacity.

(e)

Spaces "To Be Determined." For certain use types, denoted as "TBD" meaning "To Be Determined", the Zoning Administrator shall determine the number of spaces required based on the application and information available on similar uses from the Institute of Transportation Engineers, Parking Generation reports, or other sources. The Zoning Administrator's determination may be appealed to the Planning Commission.

TABLE 9-406.040: ESTIMATED PARKING DEMAND BY ANY USE

(Ord. No. 4623, § 19, 5-2-2023; Ord. No. 4632, § 14, 9-26-2023; ; Ord. No. 4671, § 27, 5-13-2025Ord. No. 4683, § 12, 12-9-2025)

Required parking spaces shall be located as follows:

(a)

On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the I-L, I-P, and I-T zones, required parking spaces shall be provided on the same lot as the main building(s) or on an adjoining lot or lots zoned for the main use of the property. The applicant shall be required to show evidence that the off-site parking is reserved for the applicant's use if such parking is on private property.

(b)

Other Uses. For uses not listed in Subsection (a), required parking spaces shall be located on the lot or within 300 feet of the lot on which the main building is located.

The parking area design standards of this section apply to all off-street parking areas. All required parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.

(a)

Parking Lot Design. Parking lot design and dimensions shall be in accordance with Tables 9-406.060-A and 9-406.060-B.

(1)

Compact Spaces. Compact spaces with an eight-foot width and 16-foot length are permitted for up to 25 percent of the required spaces.

(2)

Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 9-406.060-A, the required aisle width shall be interpolated from the values shown. For example, for a parking angle of 70 degrees, which is one-third of the increment between 60 degrees and 90 degrees, the required one-way aisle width for 9-foot stalls is 21 feet eight inches, which is one-third of the increment between the required aisle widths for 60-degree parking and 90-degree parking, 20 feet and 25 feet respectively.

(3)

Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.

(4)

Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.

(b)

Recreation Vehicle Parking. The off-street parking of operable recreational vehicles, boats and trailers in Residential zones is only allowed as follows:

(1)

No recreational vehicle, boat or trailer that exceeds 2.5 tons in dry weight, 36 feet in length, or 15 feet in height, not including rooftop equipment, is permitted to be parked, stored or loaded in a Residential zone.

(2)

Permitted recreational vehicles, boats, and trailers, excluding those prohibited by paragraph (1) above, may be parked, stored or loaded on a paved parking space, in any location in which passenger vehicles may be parked, stored or loaded, as long as it does not block the sidewalk and/or driveway. Further, recreational vehicles, boats, and trailers may be parked, stored or loaded in other location as indicated below, provided that no other location on the site ordinarily available for vehicle parking can accommodate the recreational vehicle, boat, or trailer because access to those locations is blocked by a permanent building element such as a structural wall, an eave or a roof. These locations are:

(A)

In areas blocking access to required parking spaces, provided that the spaces being blocked are for a single-family dwelling only and the owner of the recreational vehicle, boat, or trailer resides in that dwelling;

and

(B)

In the side and rear yard setback areas, provided that:

(i)

The recreational vehicle, boats, or trailer is located as far as physically feasible from the side lot line, consistent with requirements for light and ventilation into adjoining rooms; and

(ii)

The recreational vehicle, boat, or trailer is located as far to the rear of the lot as is physically consistent with maintaining access to the garage.

(c)

Tandem Parking. Required parking may be arranged as tandem spaces, provided that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment; or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.

(d)

Parking Lifts. Required parking may be provided in parking lifts, provided that, if it is necessary to remove one vehicle from the lift to access another vehicle, the parking shall be subject to the provisions applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The dimensional standards for 90-degree parking shall apply to parking lifts, including the requirement for an aisle of 25 feet. Exterior parking lifts shall be screened from public view.

(e)

Striping. All parking stalls and directional arrows shall be delineated with paint or similar distinguishable material.

(f)

Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces on a site with 10 or more unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

FIGURE 9-406.060 (F): WHEEL STOPS

(g)

Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where the pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

(h)

Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 25,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width as well as by a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

FIGURE 9-406.080 (H): SEPARATION FROM ON-SITE BUILDING

(i)

Surfacing. Except as provided below, all permanent parking lots, including internal circulation and loading areas, in all zones shall be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable, dust free surface. Ingress and egress areas that connect to a paved road or highway shall also be surfaced and permanently maintained with asphalt concrete or Portland cement concrete or with pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges. Bumper guards and/or wheel stops shall be provided when necessary to protect adjacent structures or properties.

(1)

Exemptions. The following uses have specific provisions for surfacing requirements in the sections cited:

(A)

Truck parking pursuant to Section 9-203.020(e)(10); and

(B)

Produce stands and Agricultural Stores pursuant to Section 9-409.360.

(j)

Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over a large, paved area compared to the surrounding areas. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years. To the extent maximizing the shading effect causes the trees to be placed in different locations than would be otherwise be required, the placement required by this section controls.

(k)

Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches except for spaces in parking lifts; the minimum vertical clearance for parking for Disabled Persons shall be as required by the California Building Code, Division 11, Site Accessibility,

(l)

Landscaping and Screening. All open parking areas shall be landscaped and/or screened according to the standards set forth in Chapter 9-402.

(1)

Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area shall be landscaped.

(2)

Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

(3)

Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

(A)

Landscaped planting strips at least five feet wide between rows of parking stalls;

(B)

Landscaped planting strips between parking areas and adjacent buildings or along internal walkways;

(C)

Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

(D)

On-site landscaping at the parking lot perimeter.

(4)

Required Landscaped Islands. A landscaped island at least five feet in all interior dimensions and containing at least one 15-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

(5)

Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least 10 feet wide shall be provided between any surface parking area and any property line adjacent to a public street unless a different dimension is specified in the base zone standards applicable to a site.

(6)

Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

(7)

Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.

(8)

Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.

(9)

Trees.

(A)

Number Required. One for each five parking spaces.

(B)

Distribution. Trees shall be distributed relatively evenly throughout the parking area.

(C)

Species. Tree species shall be selected from a list maintained by the Zoning Administrator.

(D)

Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.

(E)

Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

(m)

Lighting. All off-street parking areas within Commercial and Industrial zones and for projects where the parking area is used at night, shall be provided with exterior lighting that meets the following minimum standards:

(1)

The equivalent of one foot candle of illumination shall be provided throughout the parking area.

(2)

All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting.

(3)

All lighting shall be designed to confine direct rays to the premises. No spillover beyond the property line shall be permitted, except onto public roads, provided, however, that such light shall not cause a hazard to motorists.

(n)

Access. Access to parking areas shall be provided as follows:

(1)

Access driveways shall have a width of no less than 25 feet for two-way aisles and 16 feet for one-way aisles, except that in no case shall driveways designated as emergency access for fire districts be less than 20 feet wide.

(2)

The parking area shall be designed so that a vehicle will not have to enter a public road to move from one location to another location within the parking area.

(3)

Vehicular access to arterial streets and highways will be permitted only in accordance with driveway locations and access design to be approved by the Director of Public Works. Access to State Routes requires written approval by Caltrans.

(4)

All access from a public street or alley must be designed so that motor vehicles leaving the parking area will enter the street traveling in a forward direction. This requirement does not apply to single-family subdivisions or multiple-family residential properties serving four units or less, unless on a minor arterial or street of a higher classification.

(o)

Electric Vehicle Charging Stations. In parking facilities containing 20 or more spaces serving Multi-Unit Residential and Hotels and Motels, at least three percent of parking spaces shall be electric vehicle (EV) charging stations. Such spaces may be counted towards the parking requirements of this Chapter.

(1)

Size. Electric vehicle charging stations shall be the same size as other spaces, and electric vehicle charging equipment shall not reduce the size of the space.

(2)

Signage. Each electrical vehicle charging station shall be clearly marked with a sign reading "Electrical Vehicle Charging Station" and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging shall be allowed to park in the stalls or spaces so designated.

(3)

Equipment. Electrical vehicle charging stations shall be equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.

(Ord. No. 4683, § 14, 12-9-2025)

Editor's note— Ord. No. 4623, § 20, adopted May 2, 2023, repealed § 9-406.070, which pertained to alternative compliance with parking requirements and derived from original codification.

Parking and loading space for trucks shall be provided as set forth in this Section.

(a)

Commercial Uses. For commercial uses, one loading space shall be provided for every use with 3,000 square feet of gross floor area or more.

(b)

Industrial Uses. For industrial uses, spaces shall be provided as follows:

(1)

One loading space shall be required for each use having 3,000 to 20,000 square feet of gross floor area;

(2)

For each 20,000 square feet of gross floor area, or major fraction thereof, over 20,000 square feet of gross floor area, one loading space shall be required.

(c)

Truck Terminals Uses.

(1)

One loading space shall be required for each bay;

(2)

Aisles between truck parking areas shall be a minimum of 55 feet wide;

(3)

No parking shall be permitted in the driveways, parking aisles, or maneuvering areas;

(4)

Any truck terminal in operation during nighttime hours shall have 25-foot light standards whose lights are hooded and directed downward so as not to disturb adjoining properties or roads.

(5)

Any entrance or exit to a truck terminal shall have acceleration and deceleration lanes, the criteria for which are to be determined by the traffic study and recognized engineering standards, or other traffic control

devices determined to be necessary by the Department of Public Works.

(6)

No vehicle shall be required to obstruct or back onto a public roadway in order to access the terminal.

(7)

Driveway width at the front lot line shall be 40 feet maximum. The design of driveway shall be such as to allow trucks to enter and exit property without entering into opposing lane of traffic.

(8)

Access gates shall be recessed 65 feet from the property line.

(d)

Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and service areas must be screened so as not to be visible from public streets. Drop-off areas may be located at the primary building entry.

(e)

Required Setbacks and Screening.

(1)

A minimum 10-foot-wide setback shall be maintained along all interior lot lines. If a residence is located on an adjacent parcel within 100 feet of a truck parking site, the setback distance shall be increased to 20 feet.

(2)

A minimum six- to eight-foot-tall fence for screening shall be installed along a property line where truck or trailer parking is located. Screening may consist of a masonry wall or any solid fencing approved by the Zoning Administrator.

(f)

Access Improvements in a Public Right-of-Way. An encroachment permit shall be required for all work within a County, City, or Caltrans road right-of-way. Prior to issuance of any grading or building permit, the driveway approach shall be improved in accordance with the requirements of the County, City or Caltrans standards.

(g)

Design Standards. Design of required spaces, driveways and maneuvering areas shall be as follows:

(1)

Spaces shall be a minimum 25 feet in length and 15 feet in width and shall have minimum height clearance of 14 feet.

(2)

Spaces shall be provided and maintained on the same lot as the commercial or industrial use they serve.

(3)

Spaces shall not interfere with vehicular circulation or parking or with pedestrian circulation.

(4)

On-site driveways and maneuvering areas may be used in lieu of one of the off-street loading spaces required by this Section as long as maneuvering areas for delivery vehicles are provided.

(5)

All maneuvering areas shall be surfaced with asphalt concrete or Portland cement concrete to provide a durable, dust free surface.

(Ord. No. 4683, §§ 13, 15, 12-9-2025)

In all Multi-Unit residential projects with 20 or more units and commercial and industrial projects with 20 or more required parking spaces, bicycle parking is required. The minimum number of short-term and longterm bicycle parking spaces required and related facilities that must be provided are listed for specific land

use groupings in Table 9-406.090. For land uses not listed in the table, one short-term bicycle parking space and one long-term bicycle parking space shall be provided for every 20 vehicle parking spaces provided on-site. Dimensional standards for Class I and Class 2 spaces are provided in subsection (b) following the table.

TABLE 9-406.090: BICYCLE PARKING STANDARDS

(a)

Standards for All Bicycle Parking.

(1)

Class 1 Long-Term Bicycle Parking Spaces. Class 1 spaces shall be located where there is direct access for bicycles without requiring use of stairs. The location of such spaces shall allow bicycles users to ride to the entrance of the space or the entrance of the lobby leading to the space. Use of elevators to access Class 1 spaces is permitted. In residential buildings, Class 1 space shall not be provided within dwelling units, on balconies, or in required outdoor living area. More specifically, Class 1 bicycle parking shall be located:

(A)

On the ground floor within 100 feet of a major entrance to the lobby. In this location, there shall be either: (i) convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or (ii) a minimum five-foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance.

(B)

In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility.

(2)

Class 2 Short-Term Bicycle Parking Spaces. Class 2 spaces shall be located near all main pedestrian entries to the use to which they are accessory, whenever possible. With Zoning Administrator approval, Class 2 bicycle parking may be on a sidewalk or in place of an on-street auto parking space within 100 feet of a main entry to the building. If sufficient Class 2 bicycle parking already exists in a public right-of-way immediately fronting a project site, and such spaces are not satisfying bicycle parking requirements for another use, this parking shall be deemed to meet the Class 2 requirement for that project.

FIGURE 9-406.080 (B)(2): SHORT-TERM BICYCLE PARKING

(3)

Design and Installation.

(A)

A bicycle parking space shall be in a paved, level, drained, lighted area consisting of either:

(i)

One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; or

(ii)

For Class 1 long-term parking only, a bicycle locker constructed of theft-resistant material with a lockable door that opens to the full width and height of the locker. Bicycle lockers shall be weather-proof if exposed to the elements; or

(iii)

For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.

(B)

Each bicycle parking space shall be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart.

(C)

Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide. Rack elements must be placed two feet from walls, fences or curbs.

(D)

Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle.

(E)

Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors.

(F)

The Zoning Administrator may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.

(4)

Location.

(A)

Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance also shall be provided.

(B)

Where bicycle parking is not directly visible and obvious from the right-of-way, signs must be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.

(C)

The Zoning Administrator may require a barrier or curb between bicycle and automobile parking areas on constrained sites to protect bicycles from damage by moving.

(D)

Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it.

(E)

The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.

(b)

Removal of Abandoned Bicycles. Property owners shall remove abandoned bicycles from short-term and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement shall not preclude provision of seasonal bicycle storage.

(a)

Number of Spaces Required.

(1)

None Required. No off-street loading spaces are required for uses for which the estimated parking demand in Table 9-406.040 is "none." In addition, no off-street loading spaces are required for Single Unit Dwellings or Duplexes.

(2)

Requirement "To Be Determined." The off-street loading requirement for uses for which the estimated parking demand is "To be determined" ("TBD") shall be determined in the same manner in which the estimated parking demand is determined.

(3)

All Other Uses. The off-street loading requirement for all other uses shall be as set forth in Table 9-406.100.

TABLE 9-406.100: OFF-STREET LOADING REQUIREMENTS

(b)

Size of Spaces. The size of each type of loading space shall be as follows:

(1)

Small. Small loading spaces shall have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet

(2)

Medium. Medium loading spaces shall have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet.

(3)

Large. Large loading spaces shall have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.

(c)

Modifications. In approving a project, the Zoning Administrator or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project.

(d)

Maneuvering Areas. All off-street loading spaces shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions.

(e)

Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights, properly graded for drainage, and maintained in good condition.

(f)

Location. Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a Conditional Use Permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a permit, the Planning Commission shall make the following findings in addition to the findings otherwise required:

(1)

That the common loading area results in a more efficient design than individual loading areas serving each use separately;

(2)

That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and

(3)

That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.

(g)

Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces is of sufficient width and height to accommodate all material to be loaded and unloaded.

(h)

Availability and Utilization of Loading Spaces. All loading spaces shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be loaded in the public right-of-way.

(i)

Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required for parking areas by this Chapter.

(j)

Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the minimums established for parking areas.

The requirements of this Chapter may be modified by the Zoning Administrator in cases in which, due to the unusual nature of the proposed use(s) or the site plan submitted, the requirements set forth in this Chapter are judged insufficient or excessive. In making the decision, the Zoning Administrator may consider transit access, carpooling programs, and significant use of pedestrian and bicycle access. Decisions of the Zoning Administrator pursuant to this Section may be appealed to the Planning Commission under Chapter 9-802, Common Procedures.

Chapter 9-407 - Performance Standards

(a)

Purpose. The purpose of this Chapter is to establish performance standards to mitigate dangerous or objectionable environmental impacts of commercial and industrial uses, pursuant to the health and safety policies of the General Plan.

(b)

Applicability. These performance standards shall apply to all commercial and industrial uses in the County, except as otherwise provided herein.

All emissions of air pollutants shall be subject to the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District.

(a)

Uses involving electromagnetic forces shall not cause electrical disturbances which adversely affect individuals or the operation of any equipment beyond any lot line of the lot containing such uses.

(b)

The disclosure of potential health effects associated with electromagnetic fields and PCB-contaminated electrical equipment shall be required for residential development projects.

Heat, humidity, or cold emanating from any use shall not be able to be felt by any reasonable person at any lot line of the lot containing such use.

All uses shall be so operated as not to cause odors that are perceptible and offensive to any reasonable person at any residential lot line. Odor control systems shall be provided to control odors.

(a)

Perceptible Vibration. No use shall cause any perceptible vibration at any lot line abutting any zone except within an I-G zone.

(b)

Vibration Within the General Industrial Zone. Vibration along any lot line within an I-G Zone shall not exceed the levels for vibration displacement set forth in Table 9-405.060. Vibration displacement shall be measured by a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line within an I-G Zone.

(c)

Exceptions. The limits of this Section shall not apply to the construction or demolition of structures or infrastructure or to vibration caused by motor vehicles or trains.

TABLE 9-407.060 - MAXIMUM VIBRATION DISPLACEMENT LEVELS

The Zoning Administrator may require applicants for industrial or commercial projects requiring discretionary approval to submit such evidence as is necessary to determine whether the project will comply with the performance standards of this Chapter. Failure to submit the information requested within a specified time period shall render the application incomplete. Required information may include, but is not limited to, the following:

(a)

Construction Plans. Plans of construction and development, including proposed grading, use of heavy equipment and pile drivers;

(b)

Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;

(c)

Emission Levels. Measurement of the expected amount or rate of air pollutants and emissions of any dangerous or objectionable elements into the air from the premises; and

(d)

Emission Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the air pollutants and emission of any dangerous or objectionable elements from the premises.

Chapter 9-408 - Signs[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 4663, adopted December 10, 2024, amended Ch. 9-408 in its entirety to read as herein set out. Former Ch. 9-408 pertained to the same subject matter and derived from the original codification.

The purpose of this Chapter is to regulate signs as an information system for residents, visitors, and businesses, while also protecting and enhancing the aesthetic character and values of the County and in particular the County's highway corridors, residential neighborhoods, urban and rural communities, commercial/industrial areas, and agricultural areas. This Chapter sets forth regulations that recognize and balance the importance of business activity to the economic vitality of the County; the protection of the public health, safety, and welfare; the value of the visual environment; and recognition of the constitutional right to free speech. The specific objectives of these regulations are to:

(a)

Implement the General Plan and adopted Specific Plans;

(b)

Reflect and support a desirable visual quality of future development throughout the County;

(c)

Attract and direct people to various activities and places in the County;

(d)

Allow for the exercise of free speech by residents and businesses;

(e)

Promote public safety by ensuring that signs are not constructed, located, erected, or maintained in a hazardous manner and do not distract motorists and other users of streets and highways;

(f)

Restrict signs that may create visual clutter or be a nuisance; and

(g)

Provide clear, objective standards for signs that will maintain the aesthetic integrity of the County's urban and rural communities, shopping and employment districts, and agricultural areas.

(Ord. No. 4663, § 1, 12-10-2024)

This Chapter regulates all signs that are located outside of buildings on private property and non-exempt signs in the public right-of-way. This Chapter applies in all zones within unincorporated areas of the County and in all areas subject to Specific Plans or Special Purpose Plans, except as specifically superseded by regulations adopted for individual Specific Plans and Special Purpose Plans.

(a)

Signs Must Comply with this Chapter. In all zones, only such signs that are specifically permitted by this Chapter may be placed, erected, displayed, or used, subject to review and approval.

(b)

Discretionary Review Required. The placement of any permanent sign exceeding the requirements of this Chapter is subject to discretionary review pursuant to Section 9-408.170, Modification of Requirements.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Measuring Sign Height. The height of a sign is the vertical distance measured from the finished grade directly beneath the sign to the highest point at the top of the sign and including any structural or architectural components.

(b)

Measuring Sign Clearance. Sign clearance is the open area underneath a sign, measured as the vertical distance between the finished grade directly beneath the sign and the lowest point of the sign and including any framework or other embellishments.

(c)

Measuring Sign Area. The area of a sign is measured by calculating the area of a continuous rectilinear perimeter enclosing the entire sign face, including channel letters, multiple components, and irregular shapes. The sign area does not include any supporting framework or bracing that is incidental to the display unless they contain lettering or graphics. Measurement samples are shown below:

(d)

Calculation of Frontages. For corner and through lots, allowable freestanding sign area may be calculated separately for each lot frontage. Allowable attached sign area may be calculated separately for each building frontage.

(e)

Regulations for Certain Sign Types. The surface area of certain sign types set forth below shall be computed using the following standards. Measurement samples are included.

(1)

Awning Signs: Only the sign face portion of the awning shall be counted.

(2)

Multi-Section Signs: Only the sign area of each section or module shall be counted.

(3)

Double-Faced Signs: Only the larger side shall be counted as long as the distance between the backs of the sign does not exceed two feet. Where two faces of a sign are located more than two feet apart, or at an angle exceeding 45 degrees from one another, both sign faces will be counted toward the sign area.

(4)

Multi-Faced Sign: On a three-faced sign, where at least one interior angle is 45 degrees or less, the sum of the area of the largest and smallest face shall be counted. In all other situations, the sum of the area of all sign faces that can be seen at one time shall be counted.

(5)

Three-Dimensional Signs: For signs that include one or more three-dimensional object (i.e., balls, cubes, clusters of objects, sculptures, or statues), the sign area counted shall include the sum of two adjacent sides of the smallest cube that will encompass the sign.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Search Lights and Klieg Lights. Search lights and Klieg lights when used as attention attracting devices for commercial uses.

(b)

Signs in the Public Right-of-Way. Any sign placed the public right-of-way or sign projecting into the public right-of-way must be reviewed and permitted, if applicable, by the Department of Public Works. Otherwise, signs in the public right-of-way are prohibited.

(c)

Signs on Door, Windows, or Fire Escapes. Signs located on any building door or window that may prevent free ingress or egress. No sign shall be attached to any standpipe or fire escape except those required by County regulations.

(d)

Signs that Create a Traffic Hazard or Affect Pedestrian Safety. Signs located in a manner that may create a safety hazard or impede the public use of any public right-of-way. These signs include, but are not limited to:

(1)

Signs that obstruct the view of traffic or any authorized traffic sign or signal device;

(2)

Signs that may create confusion with any authorized traffic sign or signal device because of their color, design, illumination, location, or wording; or use of any phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers in the use of roads; and

(3)

Signs within five feet of a fire hydrant, authorized traffic sign, or signal device.

(e)

Signs that Produce Noise or Emissions. Signs that produce visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line, excluding voice units for services customers from the vehicles, provided these units comply with the standards for noise established in this Title.

(Ord. No. 4663, § 1, 12-10-2024)

The following non-temporary signs are exempt from the requirements of this Chapter. These signs are not to be included in the determination of the number, type, or area of signs as specified in this Chapter.

(a)

Agricultural Sign subject to the following standards:

(1)

Maximum Height. Signs may not exceed six feet in height.

(2)

Maximum Sign Area.

(A)

Sixteen square feet on parcels under five acres in size; and

(B)

Twenty-four square feet on parcels five acres or greater in size.

(b)

Barber Poles not exceeding 18 inches in height.

(c)

Change of Business Signs.

(d)

Commemorative Signs.

(e)

Commercial Displays on Vehicles.

(f)

Construction/Development Signs subject to the following standards:

(1)

Maximum Sign Area. Signs shall be no more than:

(A)

Four square feet in Agricultural and Residential zones; and

(B)

32 square feet in all other zones.

(2)

Duration. Signs may be installed for up to 60 days before commending construction and landscape work and must be removed at the time that construction and landscape work is completed.

(g)

Decorations for holidays, religious and cultural observances, or similar celebrations on private property, including decorative lights.

(h)

Flags. See Section 9-400.030, Exceptions to Height Limits for flagpole regulations.

(i)

Fueling Sales Signs.

(j)

Garage/Yard Sale Signs.

(k)

Government Signs.

(l)

Indoor signs and other signs not visible from a street or adjacent property.

(m)

Information Signs.

(n)

Manufacturer's Marks.

(o)

Warning or No Trespassing Signs.

(p)

Window Signs not preventing free ingress/egress.

(Ord. No. 4663, § 1, 12-10-2024)

The following sign design principles shall be used as criteria for review and approval of signs and Master Sign Programs pursuant to Section 9-408.160:

(a)

Legibility. Signs shall be designed to be legible and readable for passersby as to not create hazards.

(1)

Colors chosen for sign text and graphics should have sufficient contrast with the sign background in order to be read easily; and

(2)

Symbols and logos can be used in place of words.

(b)

Visibility. A sign should be conspicuous and readily distinguishable from its surroundings, so a viewer can easily see the information it communicates.

(Ord. No. 4663, § 1, 12-10-2024)

Unless otherwise specified in this Chapter, the following standards apply to all signs. Dimensional standards and restrictions are set forth in Section 9-408.080.

(a)

Changes to Sign Copy. Unless otherwise specified by this Chapter, all permitted signs may use manual or automatic changeable copy. No discretionary review is required for a change in sign copy.

(b)

Electrical Systems to be Concealed. External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed. A switch disconnecting each circuit shall be placed in plain sight and near the inspection opening.

(c)

Illumination. Signs may be illuminated, subject to the standards of Chapter 9-403, Lighting and Illumination, and the following requirements:

(1)

Shielding Required. External light sources must be directed, shielded, and filtered to limit direct illumination of any object other than a sign.

(2)

Light Sources Adjacent to Residential Zones. Illuminated signs located adjacent to any residential zone shall be controlled by a rheostat or other acceptable method to reduce glare that will create a nuisance for residential mixed-use buildings in a direct line of sight to the sign.

(d)

Maintenance. All signs, including exempt signs, shall be properly maintained.

(1)

Signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, and other surface deterioration;

(2)

Illuminated signs shall function as designed and permitted;

(3)

Exposed surfaces shall be clean and painted, when required; and

(4)

All defective parts shall be replaced.

(e)

Materials. Signs shall be made of sturdy, durable materials.

(1)

Paper, cardboard, or other materials subject to rapid deterioration may only be used for temporary signs.

(2)

Fabric signs are restricted to awnings, canopies, flags, and temporary signs.

(f)

Message Neutrality. This Chapter regulates signs in a manner that is content neutral as to noncommercial messages that are protected by the first amendment of the U.S. Constitution and the corollary provisions of

the California Constitution.

(g)

Message Replacement. A noncommercial message of any type may be replaced in whole or in part, for any duly permitted commercial message, and any noncommercial message not previously approved as a commercial message may be replaced in whole or in part, for any other noncommercial message.

(1)

No Additional Approval. Such substitution of message may be made without any additional approvals.

(2)

Limitations. This message substitution provision does not:

(A)

Create a right to increase the total amount of signage on a parcel, lot, or land use;

(B)

Affect the requirement that a sign structure or mounting device be properly permitted;

(C)

Allow for a change in the physical structure of a sign or its mounting device; or

(D)

Authorize the substitution of an off-site commercial message or in place of a noncommercial message.

(h)

Minimum Clearance from Utilities. Signs and supporting structures shall maintain clearance from and not interfere with electrical conductors, communication equipment, or lines, underground facilities, and conduits.

(i)

Nonconforming Signs. Signs that do not conform to this Chapter upon its adoption or amendment may continue to be used and maintained, and need not be modified to conform to the standards of this Chapter, except as required for safety, maintenance, and repair.

(1)

If any such sign is relocated, or requires a repair that changes the size or construction of such a sign, the sign shall be brought into conformance with the standards of this Chapter; and

(2)

If any such sign is removed by any means, including circumstances beyond one's control, any replacement sign shall conform with the standards of this Chapter.

(j)

Permitted Sign Locations.

(1)

Attached Signs. Signs may be located on a building wall, canopy fascia, under canopy, mansard roof, or roof, and may face a parking lot, mall, street, driveway, walkway, alley, or freeway.

(2)

Freestanding Signs. All freestanding signs shall be located on the lot or parcel on which the use identified is located, except in a commercial, office, or industrial complex where such a sign may be located on any lot or parcel in the complex where the use identified is located.

(3)

Required Setbacks. All portions of a sign must be setback a minimum of five feet from all property lines.

(4)

Sign Projection from a Building Face. Building signs shall not project more than 12 inches from the building façade on which they are placed with the following exceptions.

(A)

Mansard and Roof Signs may project such a distance from the face of the roof necessary for the sign face to be perpendicular to the floor of the building.

(B)

Blade, Marquee, and Three-dimensional Signs may be oriented perpendicular to the adjacent wall of the business being identified.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Sign Classifications. Sign regulations are separated by zone and intensity of use as follows:

Group A: Residential uses in all zones

Group B: Development Projects in all residential zones

Group C: High intensity commercial uses, includes development projects in the C-G, C-C, C-FS, C-RS, and P-F zones

Group D: Low intensity commercial uses, includes development projects in the C-N, C-O, C-L, C-X, and M- X zones

Group E: High intensity industrial uses, includes development projects in the I-G zone

Group F: Low intensity industrial uses, includes development projects in the I-L, I-W, I-P, and A-PX zones

Group G: Agricultural uses in the AG, AL, and AU zones

Group H: Development projects in the AG, AL, and AU zones

Group I: Rural development, includes development projects in the I-T, C-R, and AI zones

(b)

Permitted Signs by Classification. All non-temporary signs shall be consistent with the sign types permitted by classification set forth in Table 9-408.070.

(c)

Maximum Permitted Sign Area and Number by Classification. The maximum allowable sign area may apply to individual signs or combined signs as contained in the table below. For design criteria for individual signs see Section 9-408.090 Dimensional Standards by Sign Type.

TABLE 9-408.070(c): MAXIMUM PERMITTED SIGN AREA AND NUMBER BY CLASSIFICATION

(1)

For Developments with Multiple Tenants additional sign area may be permitted as follows:

(A)

Group C: An additional 20 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 140 square feet.

(B)

Group D: An additional 15 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 120 square feet.

(C)

Group E: An additional 20 square feet may be added to the maximum size of freestanding signs for each tenant above one, not to exceed a combined total of 140 square feet.

(D)

Group F: An additional 20 square feet may be added to the maximum size of freestanding signs for each tenant above one, not to exceed a combined total of 140 square feet.

(E)

Group I: An additional 15 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 120 square feet.

(d)

Special Sign Regulations for Residential Zones.

(1)

Signs Allowed by Right.

(A)

Permanent attached signs on single-unit and two-unit residential buildings provided that:

(i)

The total area of all will signs shall not exceed three square feet per building.

(ii)

No attached sign shall project more than six inches from the building wall.

(B)

Permanent, non-illuminated freestanding signs on any developed residential lot, provided that:

(i)

The total area of all such signs shall not exceed one and one-half square feet per lot or per unit, whichever is greater.

(ii)

No sign shall exceed four feet in height.

(C)

One permanent, non-illuminated attached sign at the entrance of any multi-tenant building, not exceeding 20 square feet and not projecting more than 6 inches.

(2)

Signs Allowed with a Building Permit.

(A)

Housing Development Signs not to exceed 50 square feet for each entrance of a subdivision or multi-family housing development.

(B)

Multi-unit Building Signs not to exceed 20 square feet for each building containing 10 or more units.

(C)

Home Occupation Signs not to exceed four square feet for approved home occupation businesses located in a single-family or two-family dwelling.

(e)

Special Sign Regulations for Freeway Services Commercial Zone. On parcels located in the Freeway Services Commercial Zone, one pole sign may be oriented towards the freeway and one monument sign may be oriented towards the local access street.

(f)

Special Sign Regulations for Agricultural Zones.

(1)

Signs for Produce Stands.

(A)

Maximum Number of Signs Permitted: 6 combined freestanding and attached signs.

(B)

Maximum Size: 24 square feet per sign face.

(C)

Maximum Height for Freestanding Signs: 15 feet.

(D)

Location: Within 1,000 feet of the produce stand. Four of the allowable signs may be located off-site if located within the 1,000-foot radius.

(E)

Illumination: Signs shall not be illuminated.

(2)

Development Project Signs may not be placed within 75 feet of any existing freestanding sign.

(Ord. No. 4663, § 1, 12-10-2024; Ord. No. 4683, § 16, 12-9-2025)

Dimensional standards listed by sign type are contained in Table 9-408.090 on the following pages. A combination of signs designed to these standards may be permitted (see Section 9-408.080(b) Permitted Signs by Classification), and must not exceed the maximum permitted sign area contained in Section 9- 408.080(c).

==> picture [519 x 320] intentionally omitted <==

----- Start of picture text -----
TABLE 9-408.000: DIMENSIONAL STANDARDS
AWNING & PROJECTING SIGNS
fof fIS ff US
Dimension Location and other requirements
Maximum Area 50% coverage ① Minimum 8 ft. ④
(sloping plane) Clearance
a Maximum Area 50% coverage ee ② ee
(valence)
a ee
Maximum Area 1 sq. ft. per linear ft. of building frontage ③
(projecting)
pT
BLADE SIGNS
----- End of picture text -----

Dimension Location and other requirements Maximum Area 12 sq. ft. ① Minimum 8 ft. ③ Clearance a eeee Maximum 5 ft. ② Projection Pf MARQUEE SIGNS eS i Dimension Location and other requirements Maximum Area 6 sq. ft. ① Minimum 8 ft. ④ Clearance a ee ee ee Maximum Width 2 ft. ② Maximum 2 ft. ⑤ Projection Maximum Height 4 ft. A marquee sign may not extend ③ above the parapet or eave of the building —| ——_ WALL SIGN

==> picture [528 x 472] intentionally omitted <==

----- Start of picture text -----
Dimension Location and other requirements
Maximum Area 2 sq. ft. per linear ft. of building frontage ① Minimum 8 ft. ③
Clearance
a
Maximum Height Maximum 8 ft. ② Maximum 1 ft. ④
Projection
a
ROOF & MANSARD SIGN
=
Dimension Location and other requirements
Maximum Area 0.5 sq. ft. per linear ft. of building ① Maximum Length 80% of building frontage ③
frontage up to 40 sq. ft.
a
Maximum Height Maximum 4 ft. ② Relation to Roof A roof sign may not extend above roof ④
of Sign Face Height ridgeline
SO
FREESTANDING SIGNS
Dimension
Maximum Area 140 sq. ft. ① Maximum Height See Table 9-408.070(c) ②
Ss
----- End of picture text -----

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Readerboard Signs. Readerboard signs with manually or electronically changeable copy may be displayed in lieu or building-mounted or freestanding signs, subject to the following requirements.

(1)

Residential Zones. Readerboard signs located in a residential zone shall not be changed more than twice during any 24-hour period.

(2)

School Sites.

(A)

Schools may be permitted one readerboard sign per lot frontage. Additional readerboard signs may be allowed for internal notifications, not facing a public street.

(B)

Each readerboard sign shall not exceed 80 square feet in area and eight feet in height.

(3)

Religious and Public Assemblies Not for Commercial Entertainment. Public and religious assemblies that are not engaged in entertainment may be permitted one readerboard sign as follows.

(A)

Sites One Acre in Size or Less. One readerboard monument sign up to 16 square feet and six feet in height or one building mounted readerboard sign up to 24 square feet may be permitted.

(B)

Sites Greater than One Acre in Size. One readerboard monument sign up to 24 square feet and six feet in height or one building mounted readerboard sign up to 24 square feet my be permitted.

(C)

Time Limits. The copy shall not be changed more than once per any 20-hour period.

(D)

Public and religious assembly uses located within an office, commercial, or industrial complex may be allowed one readerboard sign serving the assembly use in lieu of the permitted monument sign for the development.

(4)

Public Entertainment Venues. Public entertainment venues may be permitted one freestanding readerboard sign or one building mounted readerboard sign per use, as follows:

(A)

Sites Under 15 Acres. One readerboard monument sign up to 40 square feet and six feet in height or one building mounted readerboard sign may be permitted. A building mounted readerboard sign shall not exceed one and one-half square feet per linear foot of building frontage up to 100 square feet.

(B)

Sites 15 Acres or Greater. One readerboard monument sign up to 65 square feet and 15 feet in height or one building mounted readerboard sign may be permitted. A building mounted readerboard sign shall not exceed one and one-half square feet per linear foot of building frontage up to 100 square feet.

(b)

Electronic Message Center Sign.

(1)

Electronic Message Center (EMC) signs are permitted in non-residential developments ten acres or greater, subject to the following requirements:

(A)

EMC are only permitted on sites adjacent to a highway or freeway.

(B)

EMC are not permitted within or adjacent to any residential zone.

(C)

EMC must not exceed 720 square feet.

(D)

EMC must not exceed 50 feet in height.

(E)

No EMC must be located within 2,500 feet of another EMC 200 square feet in size or greater.

(F)

Displays may contain only static messages and shall not include movement of any portion of the sign including sign structure, design elements, or pictorial segments of the sign. Movement includes the appearance of movement created by illumination, flashing, scintillating, or varying of light intensity.

(G)

All EMC displays shall be equipped with a sensor or other device that automatically determines ambient illumination and is programmed to dim automatically according to ambient light conditions or can be adjusted to comply with the illumination requirements in subsection 6 [F] of this Section.

(H)

The County shall be provided access to a portion of the digital display time to allow for messages of community interest, including public safety messages, such as Amber alerts and other emergency management information.

(2)

Electronic Message Center Signs placed on publicly owned land solely for County messages for community interest are exempt Government Signs subject to the following requirements:

(A)

No content promoting private or non-County services is allowed on exempt EMCs. These EMCs can be used to display a variety of messaging campaigns, including, but not limited to:

(i)

Public service advisories;

(ii)

Campaigns to raise awareness and provide information about issues important to the community;

(iii)

Promotion of County services available to the public; or

(iv)

Local and regional emergency advisories and alerts, such as public health messaging campaigns and other important safety advisories.

(B)

County EMCs are subject only to subsections (C), (D), (G), and (H) of Section 9-408.090(1).

(Ord. No. 4663, § 1, 12-10-2024)

9-408.110 - TEMPORARY SIGNS

(a)

General Requirements.

(1)

General.

(A)

Residential Zones. Up to 2 temporary signs may be displayed on a property. Each temporary sign may not exceed 12 square feet.

(B)

Non-Residential Zones. Each property or establishment in non-residential zones may display temporary signs in addition to the permitted permanent signage as specified in this Section.

(C)

Required Setbacks. All portions of a sign must be setback a minimum of five feet from driveways and street intersection, and 20 feet from other portable signs.

(D)

Locational Criteria. Except portable signs, no temporary signs may be placed in any public right-of-way.

(E)

Illumination. Temporary signs cannot be illuminated.

(F)

Prohibited Materials. Temporary signs, not including window signs, shall not be made of standard paper or other materials subject to rapid deterioration.

(G)

Multiple Temporary Signs. To place 250 or more temporary signs, the signs must include the name and contact information of the party responsible for the signs.

(b)

Permitted Temporary Signs by Temporary Sign Type. All temporary signs shall be consistent with the requirements set forth in Table 9-408.110 and this section. For specific criteria for temporary sign types, see Section 9-408.110(b)(1) Standards by Temporary Sign Type.

(1)

Standards by Temporary Sign Type.

(A)

Banners and Pennants. Banner signs and pennants, including similar such as strings or ornamental fringes or streamers, are allowed for establishments in non-residential zones.

(B)

Portable Signs. Portable signs are allowed for establishments in non-residential zones, subject to the following standards:

(i)

The combined total of all portable signs shall not exceed 18 square feet.

(ii)

Prohibited Locations. Portable signs shall not be placed in any roadway; in any parking lot driving lane, aisle, or stall; or at any location where the sign will block pedestrian access or create a safety hazard.

(C)

Real Estate Signs. On-premises signs conveying information about the sale, rental, or lease of the lot, dwelling, or premises, not including residential subdivision signs, are allowed subject to the following standards:

(i)

General Standards. Any property owner or their agent may display a sign that advertises the property for sale, rent, or lease.

(ii)

Identification Required. Real estate signs must include the name and contact information for the real estate representative or company.

(D)

Residential Subdivision Signs. On-site informational signs for the sale of lots within a residential subdivision of five or more parcels are allowed. Off-site directional signs for residential subdivisions of five or more parcels are allowed subject to the following standards:

(i)

Additional Dimensional Standards. Signs may be single sided, double-faced, or V-shaped. Each panel on a double-faced or V-shaped sign counts as one sign. Double-faced sign panels must be no greater than 24 inches apart. V-shaped sign panels must be angled not to exceed 45 degrees.

(ii)

Additional Locational Criteria. Signs may be placed on non-residentially zoned parcels or on residentially zoned parcels located within the residential subdivision being advertised that are unoccupied, vacant, and free from any structures. Portable signs must not be placed in prohibited locations as defined in Section 9- 408.110(a)(1)(B)(ii).

(iii)

Combination Signs for Multiple Subdivisions. Signs advertising up to four nearby residential subdivisions may be utilized. Information for each residential subdivision may not exceed the standards set forth in Table 9-480.110.

(Ord. No. 4663, § 1, 12-10-2024)

9-408.120 - HISTORIC SIGNS

(a)

Designation; Findings Required. The Director may designate a historic sign following notice to the sign owner upon finding that the sign is 50 or more years old and has significance to the County because it is associated with a significant historical event or historic business.

(b)

Allowances for Historic Signs.

(1)

Structural Improvements. Historic signs may have structural improvements completed in order to extend the life of the sign provided these improvements do not increase the original sign area or height.

(2)

Damage Repairs. If the sign is damaged, it may be repaired or replaced with a sign consistent with the original sign area and height, even if the sign does not conform to the standards of this Chapter.

(Ord. No. 4663, § 1, 12-10-2024)

9-408.130 - CLOSED BUSINESS SIGNS

(a)

Applicability. For the purposes of this section, a closed business sign is any sign located outside of a building that advertises or identifies a use, activity, business, service, or product no longer offered or conducted in a building that continues to be displayed 30 days after the use, activity, business, or service has vacated the building.

(b)

Removal or Covering Required. All closed business signs must be removed or completely obscured from public view within 90 of a business closure. To be obscured from public view, a sign must be completely covered with a solid material, such as plywood, that is securely fastened to the sign or its supporting structure. The cover must be painted to match the color of the building or sign.

(Ord. No. 4663, § 1, 12-10-2024)

Except as otherwise specified in this Section, all new or replacement off-premises outdoor advertising signs, including billboards, shall comply with the following regulations:

(a)

General Requirements. The following standards apply to all off-premises signs unless more restrictive standards are set for specific types of off-premises signs:

(1)

Dimensional Standards. An off-premises sign shall not exceed 672 square feet in area, including all boarders and trim, per sign face. The sign may not exceed 48 feet in length.

(i)

Height. Off-premises signs shall not exceed 45 feet in height unless located in an industrial zone where the sign shall not exceed 75 feet in height.

(2)

Location. All off-premises signs must be located a minimum of 1,000 feet from all other off-premises signs along either side the same street. All billboard signs must be located within 660 feet of an Interstate freeway or State highway.

(b)

Off-Premises Directional Signs for Wineries and Wine Cellars. Off-premises directional signs for wineries and wine cellars are permitted subject to the following standards:

(1)

Maximum Number. One off-premises directional sign is allowed per parcel.

(2)

Dimensional Standards. Off-premises directional signs may not exceed 15 feet in height.

(3)

Location. Off-premises directional signs may be permitted in all agricultural and industrial zones, and in the C-C, C-G, C-FS, C-RS commercial zones.

(c)

Digital Billboards. Digital billboards are subject to the following standards:

(1)

Location. Digital billboards are only permitted on parcels with highway or freeway frontage. The signs must be located a minimum of 2,500 feet from any other digital billboard, and 500 feet from any agricultural or residentially zoned parcels.

(2)

The County must be provided access to a portion of the total available display time to allow for messages of community interest or for displaying public safety information, such as Amber alerts or emergency management information.

(3)

All electronic message displays shall be equipped with a sensor or other device that automatically determines ambient illumination and is programmed to automatically dim according to ambient light conditions or that can be adjusted to comply with the illumination requirements included in Section 9- 408.060, General Standards.

(d)

Gateway Signs. A gateway sign advertising businesses or services available within an urban or rural community may be allowed, subject to the following standards:

(1)

Sign type. Gateway signs must be freestanding signs.

(2)

Dimensional Standards. Gateway signs may not exceed 400 square feet in size and 30 feet in height.

(3)

Location. Gateway signs may be located along any arterial road, highway, or freeway at a key entrance to an urban or rural community.

(4)

Community Identification. The identity of the community for which the sign is intended must be depicted on the sign, and may include a logo, architecture, or iconic signage, as appropriate.

(e)

Relocation and Removal of Existing Billboard Signs.

(1)

Relocation of Existing Billboard Signs. Existing billboard signs may be relocated with concurrent approval of a billboard relocation agreement by the Board of Supervisors consistent with the California Business and Professions Code Section 5412 and other applicable State laws.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

General Requirements.

(1)

A building permit is required to erect, construct, install, structurally alter, or relocate any non-exempt sign unless the sign is explicitly allowed without a building permit.

(b)

Review Required for Certain Temporary Signs. No temporary sign shall be posted in a County right-of-way, landscaped area, or park before the Director of Public Works has confirmed in writing that the proposed posting will not interfere with the ordinary use and enjoyment of the area, underground irrigation or utilities, or line of sight for motor vehicles, bicycles, and pedestrian traffic.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a development project with the overall design of the development to achieve a more unified appearance. A Master Sign Program may allow for minor variations in dimensional standards and other limitations of this Section, provided the Master Sign Program achieves a result that is superior to what would otherwise be allowed.

(b)

Applicability and Approval Required. Master Sign Programs may be approved with an Administrative Use Permit with the modifications as provided in this Chapter.

(1)

Required Master Sign Programs. A Master Sign Program is required for:

(A)

New or remodeled commercial and industrial project on sites two acres or greater in size;

(B)

Shopping center developments; and

(C)

Any development within a Planned Development Zone.

(2)

Optional Master Sign Programs. A Master Sign Program may be substituted for specific sign designs and sign programs for individual buildings if requested by an applicant.

(c)

Requirements for Submittal. Applications for a Master Sign Program must include the following:

(1)

A site plan depicting the proposed location of each sign and existing signs that are to remain;

(2)

Sign dimensions including computation of the number of signs, the maximum total sign area, the maximum area allowed for individual signs, the height of signs;

(3)

A written program of standards for all sign types to be distributed to future tenants including colors, size, illumination, construction details, and sign placement; and

(4)

A list of any exceptions to the sign standards included in this Chapter that would otherwise apply.

(d)

Required Findings. Prior to approving an application for a Master Sign Program, the Zoning Administrator shall find that all of the following are true:

(1)

The proposed signs are consistent with and visually related to:

(A)

Other signs in the project by incorporating common design elements including materials, style, colors, illuminations, sign type, or sign shape.

(B)

The buildings the signs identify by utilizing materials, colors, or design motifs included in the building being identified.

(C)

The surrounding development by not adversely affecting any surrounding land uses and adjacent businesses or obscuring existing conforming signs.

(2)

The proposed signs are appropriate for the size and character of the development and existing signs in the vicinity.

(3)

The proposed signs will comply with all provisions of this Chapter except with regards to the specific exceptions requested and approved, which may include the number, height, size, and location of signs.

(e)

Post-Approval Procedures. After approval of a Master Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with the Program. The Program may be enforced in the same way as any provision of this Title.

(1)

Lease Agreements. The Master Sign Program and all Conditions of Approval shall be attached to the lease agreements for all leasable spaced with a project.

(2)

Individual Signs. Any sign that conforms to an approved Master Sign Program may be approved by the Director, however, approval of a Master Sign Program does not waive the permit requirements for individual signs.

(3)

Amendments. The Director may approve amendments to a Master Sign Program that are in substantial conformance with the original approval and do not change dimensional requirements for allowable signs by more than 25 percent. All other amendments, including amendments to Conditions of Approval, shall be processed as a new application.

(Ord. No. 4663, § 1, 12-10-2024)

The requirements of this Chapter may be modified through the Administrative Use Permit process in Chapter 9-802 Common Procedures in cases in which, due to the unusual nature of the proposed use(s) or the site plan submitted, the requirements set forth in this Chapter are judged insufficient or excessive pertaining to height, square footage, and number of signs. In considering modifications, the Review Authority shall find that:

(a)

The proposed signs are consistent with the size of the facility and related structures, the location of the public access to the development, and other signage of in the vicinity, and

(b)

The height, size, and number of proposed signs are the minimum required to identify and direct the public to the activities, services, and products available on-site.

(Ord. No. 4663, § 1, 12-10-2024)

Chapter 9-409 - Standards for Specific Uses and Activities

The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zones. These provisions are intended to minimize the impacts of these uses and activities on surrounding properties and the County at large and to protect the health, safety, and welfare of their occupants and of the public.

9-409.020 - ACCESSORY DWELLING UNITS; JUNIOR ACCESSORY DWELLING UNITS

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Intent. This section provides a method for increasing affordable housing opportunities by providing options for new ADUs and JADUs, consistent with state law.

(b)

Where Allowed; General Requirements and Restrictions. One ADU and one JADU may be constructed or otherwise permitted on a lot in any zone which allows a single-family dwelling as a permitted use. Multiple converted or detached ADUs may be constructed on a lot with an existing multi-family use, where consistent with Government Code Section 65852.2(e)(1)(C) and (D).

(c)

Types of Units Allowed. The types of units allowed include an attached ADU, detached ADU, converted ADU, interior ADUs, or JADUs.

(d)

Relation to Primary Dwelling Unit. To construct or convert an ADU, there must be a primary dwelling unit on the same legal parcel.

(e)

Relation to General Plan and Zoning Density Limits. An ADU that conforms to the standards of this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the General Plan and zoning designations for the lot. The ADU shall not be considered in the application of any County ordinance, policy, or program to limit residential growth except where water or sewer system capacity constraints have been identified by the Department of Public Works.

(f)

Permanent Address. The property owner shall obtain an approved permanent address for an ADU and JADU from the Community Development Department.

(g)

Availability of Water and Sewer Service. Prior to issuance of a building permit for an ADU, the property owner must provide information that adequate water and wastewater disposal service is available, either from a service provider or from a well and on-site septic system.

(1)

Areas Served by Public Utilities. The County has identified certain areas, shown in Figure 9-409.020(g)(1) where there are capacity constraints in the local sewer collection system. In these areas, a determination of adequate water and sewer collection for the proposed ADU by the Department of Public Works is required.

(2)

Areas Served by Private Services. An ADU to be served by an on-site well system is subject to the provisions of Chapter 9-601, and an ADU to be served by a private on-site wastewater disposal system is subject to the provisions of Chapter 9-605.

(h)

Fees. The property owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees, except as specifically provided in Government Code Section 65852.2 and 65852.22. No impact fee shall be charged for development of an ADU less than 750 square feet in size. In this context, the term "impact fee" does not include any connection fee or capacity charge established by the County or other local agency, special district, or water corporation.

(i)

ADUs Subject to Flood Hazards. All ADUs located in a floodplain designated pursuant to Chapter 9-702, Flood Hazards, shall comply with the provisions of that Chapter.

(j)

Restrictions. All ADUs and JADUs are subject to the following restrictions:

(1)

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in this section.

(2)

Prior to issuance of a building permit for an ADU, the property owner shall sign an application confirming to the Community Development Department that the project meets the following requirements:

(A)

The ADU shall not be sold separately from the primary residence;

(B)

The ADU is restricted to the maximum size approved by an ADU Permit;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of ADU for reporting purposes to the State Department of Housing and Community Development; and

(D)

If the ADU is rented, it shall not be rented for a period of less than 30 consecutive days.

(3)

Prior to issuance of a building permit for a JADU, the property owner shall record a deed restriction with the County Recorder's Office and provide a copy of the deed restriction to the Community Development Department, including the following restrictive covenants:

(A)

The JADU shall not be sold separately from the primary residence;

(B)

The JADU is restricted to the maximum size allowed by this section or as approved by a building permit for the JADU;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of JADUs for reporting purposes to the State Department of Housing and Community Development; and

(D)

If the JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

(k)

Permits Required.

(1)

Building Permits. Applicants for ADUs and JADUs must submit a building permit application and an ADU application to the Community Development Department to ensure that the standards of this section are met. The Department shall not issue a building permit without an approved ADU/JADU application. The County shall not final building permits for an ADU or JADU before it finals building permits for the primary dwelling.

(2)

Other Required Approvals. Projects are also subject to applicable permit requirements and approvals, including but not limited to building permits, grading permits, encroachment permits, home occupation permits, flood variances, if required, sanitation permits, well permits, and other construction-related permits and approvals.

(l)

ADU Permit Applications. Requests for approvals of ADUs and JADUs may be initiated by the property owner or the property owner's authorized agent by submitting a building permit application and an ADU/JADU application to the Community Development Department. Applications must be complete and confirm that the proposed ADU/JADU complies with all of the requirements in this section. No public hearing is required. A fee, as specified by resolution of the Board of Supervisors, shall be required. All of the following minimum requirements shall be met when filing a building application and an ADU/JADU application:

(1)

Primary Residence. There shall be no more than one primary single-family dwelling on the property.

(2)

Owner Occupancy - JADUs Only. The owner of the property shall occupy either the existing single-family dwelling or the proposed JADU for a period exceeding 90 days per year.

(3)

Number of Units. There shall be no more than one ADU and one JADU per lot.

(m)

Permit Review Procedure. ADU permit applications shall be reviewed ministerially by the Zoning Administrator pursuant to the procedures in Chapter 9-803, Zoning Compliance Review.

(1)

The Zoning Administrator shall act on an ADU/JADU application within 60 calendar days from the date the County receives a complete application provided there is an existing single-family or multifamily dwelling on the lot.

(2)

If the building permit application to create an ADU or JADU is submitted with a building permit application to create a new single-family dwelling on the lot, the County may delay acting on the permit application for the ADU until it acts on the building permit application to create the new single-family dwelling. The ADU/JADU application shall still be considered ministerially without discretionary review or a public hearing.

(3)

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay through a tolling agreement.

(4)

If the local agency has not acted upon the complete application within 60 days, the application shall be deemed approved.

(n)

Building Plans.

(1)

An ADU shall include provisions for living, eating, cooking and sleeping, including a closet or other reasonable storage.

(2)

All exterior lighting, including landscape lighting, shall be shielded or directed so that it does not create glare off-site or illuminate the primary dwelling or adjacent property.

(3)

An ADU shall have separate exterior access.

(o)

Development Standards for ADUs.

(1)

Maximum Size of Unit. There is no limitation on the maximum floor area of an ADU based on square footage, but other standards (e.g., height and setbacks) may limit the ultimate size of the unit.

(2)

Height. An attached ADU or detached ADU shall not exceed the maximum heights established for ADUs for the zone where the unit is located.

(3)

Location. Detached ADUs shall be separated for the primary dwelling and any accessory structures on the lot by the minimum required by the California Building Code as adopted by the County.

(4)

Setbacks. No setback shall be required for an interior ADU or converted ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed.

(p)

Off-Street Parking. Off-street parking shall be provided as required by Chapter 9-406. The minimum parking requirement for an ADU shall be one parking space. This space may be provided as tandem parking on an existing driveway or in a setback area. No parking shall be required for a JADU, and no additional parking shall be required if the ADU is located: (1) within one-half mile of public transit; (2) in an historic district designated by the County; (3) in part of an existing primary residence or an existing accessory structure; (4) in an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or (5) within one block of a car-share pick up/drop-off location. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking provided by the garage, carport or covered parking structure does not have to be replaced.

(q)

Common Driveway. Except in Agricultural zones, R-R zones, and where direct access will be provided from a different street than for the primary dwelling, the ADU shall be accessed by a common driveway serving both the ADU and the existing or proposed single-family residence and having a single access point or by a circular driveway with two access points.

(r)

Sewer and Water.

(1)

Both the proposed ADU and the existing single-family dwelling shall have provisions for water and wastewater disposal in accordance with Chapters 9-602 and 9-604, respectively.

(2)

In the R-R and Agricultural zones, the proposed ADU may be served by a private on-site wastewater disposal system, subject to the provisions of Chapter 9-605, provided the existing single-family dwelling is also served by a private on-site wastewater disposal system. A mandatory connection to a public wastewater disposal system is not required for an ADU if the Environmental Health Department determines that there is a suitable area on the lot for a septic tank. Otherwise, the proposed ADU shall be served by a public wastewater disposal system.

(3)

In the R-R and Agricultural zones, the proposed ADU may be served by an on-site well system, subject to the provisions of Chapter 9-601, provided that the existing single-family dwelling is also served by an onsite well system. Otherwise, the proposed ADU shall be served by a public water system.

(s)

Other Codes. The ADU shall conform with all the requirements of the Environmental Health Department that are applicable to residential units in the zone in which the property is located. All ADUs must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California's Fire and Building Codes and as amended by the County.

(t)

Requirements for Manufactured Homes. If the ADU is a manufactured home, it shall be installed on a permanent foundation, and the following additional requirements shall apply:

(1)

No permanent room additions shall be allowed, but patio covers constructed of the same materials as the manufactured home shall be permitted; and

(2)

Skirting constructed of the same materials as the manufactured home shall be installed.

(u)

Supplemental Standards for Attached ADUs.

(1)

An attached ADU must share at least one common wall or roofline with the living area of the principal dwelling.

(2)

An attached ADU shall have a separate entrance, located on the side or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.

(v)

Supplemental Standards for Detached ADUs.

(1)

The distance between the principal dwelling and a detached ADU must be the minimum distance required by the California Building Code.

(2)

A detached accessory structure legally in existence prior to the effective date of this Section and located outside of the front yard setback, may be converted into an accessory dwelling unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:

(A)

The existing structure is not modified or added to in any way that increases the level of nonconformity with all applicable regulations in Title 9; and

(B)

The minimum parking requirements are met on site.

(w)

JADUs.

(1)

Size of Unit. JADUs shall not exceed 500 square feet of floor space. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than 150 square feet of floor space, exclusive of a bathroom.

(2)

Building Plans.

(A)

A JADU must be contained entirely within the existing walls of a single-family dwelling and include conversion of an existing bedroom or other space within the dwelling to habitable space.

(B)

A separate exterior entry shall be provided to serve a JADU.

(C)

The JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets.

(D)

Access to a bathroom is required, which may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(3)

Off-street Parking. No additional parking is required for a JADU.

9-409.030 - ACCESSORY SHORT-TERM RENTALS ("HOME-SHARES")

(a)

Permit required. A Zoning Compliance Review is required to establish or operate a short-term rental in the unincorporated area of the county subject to Chapter 9-803, Zoning Compliance Review.

(b)

Term and renewal. A short-term rental permit shall be valid for one year from the date the application was approved, unless it is revoked sooner.

(1)

An application for renewal must be filed with the Community Development Department at least 30 calendar

days before the permit expires. If any of the documentation or information supplied as part of the application process has changed since the permit was approved, the applicant must submit updated information and documentation with the application for renewal.

(c)

Short-term rental regulations. An applicant with an approved permit for a short-term rental shall comply with all of the following regulations while operating a short-term rental.

(1)

No more than one short-term rental may be operated on a property.

(2)

A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as a short-term rental.

(3)

A short-term rental may not be rented for more than a cumulative total of 180 days in a calendar year.

(4)

The overnight guest occupancy of a short-term rental may not exceed two persons per bedroom, plus two additional persons. Children under the age of twelve are not counted towards the total number of guests.

(5)

A short-term rental with three or fewer bedrooms for rent must include at least one off-street parking space available for use by guests.

(6)

A short-term rental with four or more bedrooms for rent must include at least two off-street parking spaces available for use by guests.

(7)

The required off-street parking spaces must be located on the same lot as the short-term rental, but may be located within the lot's setback area.

(8)

The maximum number of guest vehicles permitted at a short-term rental is equal to the number of off-street parking spaces available for use by guests.

(d)

No signs. No sign or writing visible from the exterior of the short-term rental indicating that the dwelling unit or areas on the property is available for rent pursuant to this Chapter may be posted anywhere on the property where the short-term rental is located.

(e)

Posting of permit information.

(1)

A permittee shall provide a copy of the short-term rental permit, business license, and all applicable regulations and standards in a conspicuous place in the rental unit.

(2)

In any advertisement for a short-term rental, the permittee shall specify the short-term rental permit number, business license number, maximum occupancy, maximum number of vehicles allowed, and the applicable quiet hours at the short-term rental. For the purposes of this subsection, "advertisement" means any method used to solicit interest in the short-term rental, including but not limited to internet-based listing or hosting services.

(3)

A Nuisance Response Plan shall be submitted with the application and provided on-site during rental periods, and for the 24 hours prior to and after each rental period. The Nuisance Plan shall provide a method of contacting the property owner, applicant or an alternative person that is a responsible party and can address concerns raised by nearby businesses and/or residents that will likely be significantly impacted by noise, amplified sound, traffic, odor, dust, or light from the event.

(f)

Rental records. A permittee shall keep written rental records that document the following information:

(1)

All dates on which the permittee rented the short-term rental to one or more guests;

(2)

The overnight guest occupancy on each date; and

(3)

The rent paid to permittee for each night of lodging.(c) A permittee shall provide a copy of the required rental records to the County with any application to renew the short-term rental permit or upon request, but not more than 2 times per calendar year.

(g)

Prohibited Uses. The following are prohibited:

(1)

Short-Term rentals for other than lodging services. Examples include rental of pools, spas, garages, and backyards.

(2)

Special events applied for, organized by, promoted by, or otherwise involving tenants of a Short-Term Rental. Property owners are not excluded from applying for a Zoning Compliance Review for special events when the unit is not being rented as a Short-Term rental, but the two uses cannot overlap.

An accessory use must be incidental, related, appropriate, and clearly subordinate to the principal use of the building or site to which it relates and is subject to the same regulations, development standards, and permitting requirements as the principal use. For example, if the principal use requires a Conditional Use Permit, then the accessory use also requires a Conditional Use Permit unless a specific exemption from such a permit requirement is provided in the 200 Series for accessory uses meeting certain size standards. All accessory uses not subject to discretionary review require a Zoning Compliance Review. Accessory Dwelling Units and Junior Accessory Dwelling Units are regulated by Section 9-409.020; the provisions of this Section do not apply to these uses. Certain accessory uses also are subject to specific land use regulations in the 200 Series.

Adult Businesses must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

General Provisions. Because certain types of Adult Businesses possess certain characteristics that are found objectionable, when concentrated, and can have a deleterious effect upon adjacent areas, locating them in the vicinity of facilities frequented by minors increases the likelihood that minors will be exposed to materials intended for adults. In addition, many persons are offended by the public display of certain sexual material. Therefore, special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or have an adverse effect on minors.

(b)

Applicability. The uses subject to these regulations include, without limitation:

(1)

Adult bookstores, adult novelty stores, or adult video stores;

(2)

Adult live entertainment theaters;

(3)

Adult motion picture or video arcades; and

(4)

Adult motion picture theaters.

(5)

Exceptions. An "Adult Business" does not include the practice of massage bodywork in compliance with Title 7, Chapter 6 of the County Code or persons depicting "specified anatomical areas" in a modeling class that is operated:

(A)

By a college, junior college, or university supported entirely or partly by public revenue; or

(B)

By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or

(C)

In a structure operated either as a profit or nonprofit facility:

(i)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(ii)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

(c)

Development Standards.

(1)

Specific Location. Adult Businesses must be located the following minimum distances:

(A)

From any Residential Zone: 300 feet.

(B)

From any cultural, educational, or religious institution and public parks, including, without limitation, public or private schools, nursery schools, childcare facilities, day care centers, religious or cultural institutions, hospitals and clinics, parks, and other areas where large numbers of minors regularly congregate: 1,000 feet.

(C)

From another Adult Business: 1,000 feet.

(2)

Hours of Operation. Hours of operation are limited to the time period between 8 a.m. and 10 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8 a.m.to 11 p.m. on Friday and Saturday.

(3)

Display. No Adult Business may display or exhibit any material in a manner that exposes to the public view, photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult news racks are also subject to this limitation.

(4)

Security Program. An on-site security program must be prepared and implemented as follows:

(A)

Exterior Lighting. All off-street parking areas and building entries serving an Adult Business must be illuminated during all hours of operation with a lighting system that provides a minimum horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

(B)

Interior Lighting. All interior portions of the Adult Business, except those devoted to mini-motion or motion pictures, must be illuminated during all hours of operation with a lighting system that provides a minimum horizontal illumination of not less than two foot-candles of light on the floor surface.

(C)

Security Guards. Security guards for Adult Businesses may be required if it is determined by the Sheriff that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

(d)

Site Conditions.

(1)

Facade. For existing buildings, pictures of the building(s) where the Adult Business is proposed to be located must be provided to the County upon submittal of a conditional use permit application. The exterior of the building(s) may be required to be repainted and repaired.

(2)

Landscaping. The site must comply with all landscaping requirements of Chapter 9-402, Landscaping, in effect at the time of application.

(3)

Litter. The exterior of an Adult Business, including all signs and accessory buildings and structures, must be maintained free of litter and graffiti at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. The owner or operator also must remove graffiti within 72 hours. One permanent, non-flammable trash receptacle shall be installed near to the entrance/exit of the building.

Off-Premises Alcoholic Beverage Sales, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. These standards apply only to alcohol sales for off-site consumption considered a primary use on-site, and do not apply to eating and drinking establishments or other uses where alcoholic beverage sales is clearly incidental (25% or less of the retail floor area).

(b)

Conditional Use Permit Required. Alcoholic beverage sales shall be allowed only in certain zones, as established in the 200 Series, Base Zones, with a Conditional Use Permit.

(c)

Required Findings. In addition to the findings required for Use Permits in 9-804.050, Conditional Use Permits for alcoholic beverage sales must not be approved unless the following findings can be made in the affirmative by the approving body:

(1)

The use would not create a public nuisance.

(2)

The use would not cause or add to crime in the area

(3)

The use would not be contrary to zoning law

(4)

The use would not be in a high-crime area or an area that has too many licenses, unless serving a public convenience or necessity.

(d)

Location. New sites for alcoholic beverage sales, except sites where alcoholic beverage sales is clearly incidental (25% or less of the retail floor area) must meet the following locational criteria:

(1)

New businesses must be located 500 feet or more away from any existing, similar businesses in the area; and

(2)

No more than 4 similar businesses may be located within a 1,000-foot radius.

(e)

Inspections. Businesses that engage in retail alcoholic beverage sales may be subject to inspection by County staff at any time if the Sheriff, or his or her designee, finds that criminal or nuisance activities may be occurring on or near the premises.

(f)

Documents to be Available On-site. A copy of the conditions of approval and the California Department of Alcoholic Beverage Control license must be kept on the premises and presented to any law enforcement officer or authorized County official upon request.

(g)

Lighting. All off-street parking areas and building entries serving an Off-Premises Alcoholic Beverage Sales use must be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

(h)

Litter. The site must always be maintained free of litter and graffiti. The owner or operator must provide for removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all entrance/exit of the building.

(i)

Security Cameras. At least two 24-hour time-lapse security cameras are required to be installed and properly maintained on the exterior of the building wherever there is a public entrance.

(j)

Signs. The following signs must be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:

(1)

"California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age";

(2)

"No Loitering or Public Drinking"; and

(3)

"It is illegal to possess an open container of alcohol in the vicinity of this establishment".

(k)

Standards and Procedures for Existing Alcoholic Beverage Retail Establishments ("Deemed Approved" Activities). All alcoholic beverage retail establishments for off-site sales that have been legally existing and operating prior to the adoption of this Section shall be permitted to operate at their present location as a "deemed approved" activity. Such establishments shall not be permitted to operate without a land use permit if any of the following occur:

(1)

The establishment changes its type of alcoholic beverage license granted by the California Department of Alcoholic Beverage Control resulting in a different use type (i.e., Eating and Drinking Establishment - Bar to Retail - Alcoholic Beverage Sales, Off-Premises);

(2)

The business operation of the establishment is abandoned, suspended or discontinued (including the case where retail alcoholic beverage license for such operation is suspended) for a period of one year.This provision shall not apply when the business operation is suspended or discontinued because the building or structure in which the establishment is operating is:

(A)

Destroyed or damaged due to causes beyond the owner of the establishment's control (i.e., fire, flood, act of God, etc.) and which prevents the establishment from operating; or

(B)

Being remodeled, enlarged or improved which prevents the establishment from operating, provided that building and other appropriate County permits have been obtained. In the event that such permits expire or are revoked, then such establishment shall be required to obtain a land use permit in order to continue or reestablish its operation, or as permitted by the Zoning Adminstrator.

(Ord. No. 4623, § 22, 5-2-2023)

Animal Keeping and Raising establishments must be located, developed, and operated in compliance with Table 9-409.070 and the following standards, where allowed by the 200 Series, Base Zones.

(a)

Household Pets. The keeping of up to 10 small domestic household pets for noncommercial purposes, including up to a maximum of three household pets any kind, is permitted in Single-Unit Dwellings. For dwelling units in multi-unit residential structures and for mobile homes in mobile home parks, the total number of dogs, cats and other household pets combined shall not exceed three. The decision as to whether a specific animal is a household pet under this Title shall be made by the Zoning Administrator.

(b)

Other Animals. The following general standards shall apply to the keeping and raising of animals:

(1)

Containment. Animals must be effectively contained on the site and not be allowed to run free on any lot in a separate ownership or in a public right-of-way.

(2)

Maintenance. All animal enclosures, including but not limited to pens, cages, and feed areas, shall be maintained free from litter, garbage, and excessive accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Premises shall be maintained in a neat and sanitary manner.

(3)

Number of Animals Permitted. Excluding pets, the combined total number of animals permitted by this Chapter shall not exceed the number specified by Table 9-409.070.

(4)

Odor and Vector Control. Animal structures, including pens, coops, cages, and feed areas, must be maintained free from litter, garbage, and the accumulation of manure so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure must not be allowed to accumulate within setback areas.

(5)

Offspring. Unless otherwise specified, the offspring of animals are allowed and shall not be counted until they are of weanable or self-sufficient age. Dogs and cats shall be counted at four months of age. Swine shall be counted at eight weeks of age.

(6)

Prohibited Animals. No predatory wild animals, endangered animals, or protected animals may be kept in any zone.

(7)

Slaughtering of Animals Prohibited. No slaughter of animals is allowed in Residential Zones.

(8)

Swine. Swine shall not be fed market refuse, garbage, or offal.

TABLE 9-409.070 - ANIMAL STANDARDS

(Ord. No. 4623, § 23, 5-2-2023; Ord. No. 4632, § 19, 9-26-2023)

Assembly facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Maximum Site Area.

(1)

In Non-Residential Zones: None.

(2)

In Residential Zones: Two acres in the R-L Zone; none in other zones.

(b)

Setback from Residential Zone or Use. A minimum setback from interior and rear lot lines of 20 feet must be provided adjacent to any Residential Zone.

(c)

Outdoor Activity Area. An outdoor area used for recreation, meetings, services or other activities involving groups of persons must be at least 50 feet from any Residential Zone boundary or residential use. Organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekends.

(d)

Hours of Operation. Permitted hours of operation are between 8:00 a.m. and 9:00 p.m., seven days a week. Additional hours may be allowed with a Conditional Use Permit.

(e)

Permitted Accessory Use. An accessory use may include administrative offices, kitchen facilities, multipurpose rooms, storage, and other uses that are accessory to the facilities for public or private meetings. Places of worship may provide religious instruction as an accessory use; however, when a full school curriculum is offered, the school use will be separately classified as a School and subject to review as such, and when day care activities are provided, they are subject to review and require an Administrative Use Permit.

Automobile sales and leasing facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Location. Automobile/Vehicle Sales and Leasing are permitted on a site with at least one frontage on an arterial street.

(b)

Landscaping and Screening. In addition to complying with the landscaping standards in Chapter 9-402,

Landscaping, additional screening and landscaping may be required where necessary to screen adjacent Residential Zones; see Section 9-400.060, Fencing and Screening.

(c)

Loading and Unloading. If the lot abuts a Residential Zone, the loading and unloading shall be located at least 20 feet from an adjacent lot. All loading and unloading must occur during weekday business hours.

(d)

Storage. Vehicles being worked on or awaiting service or pick up must be stored overnight within an enclosed building or in a parking lot that is adequately screened, with an earthen berm, screen wall or a building, and not visible from an adjacent street. Screen walls must be located on lot lines with the exception of yards along streets, where the screen wall must be located outside of required setbacks. Unattended vehicles shall not be parked or stored on the sidewalk adjoining the property, or on the street. Screen walls are not required when the site is located in an Industrial Zone that abuts a non-arterial street.

(e)

Work Areas. All work must be conducted within an enclosed building, except pumping motor vehicle fluids, checking and supplementing fluids, and mechanical inspection and adjustments not involving any disassembly.

(f)

Equipment and Product Storage. Exterior storage, including tires, must not be visible from arterial streets or a Residential Zone.

(g)

Noise. All body and fender work or similar noise-generating activity must be enclosed in a masonry or similar building with sound-attenuating measures incorporated into the building design and construction. Bay openings must be oriented to minimize the effects of sound emanating from the auto repair building towards residential uses, outdoor restaurant seating, and outdoor reception areas. Compressors must be located within separately enclosed sound-attenuated rooms.

(h)

Spray/Paint Booth. Spray booth stacks must be screened from arterial streets and must be separated a minimum of 500 feet from Residential Zones and Public Parks. The Planning Commission may reduce this separation to no less than 250 feet if a human health risk assessment, prepared by a qualified professional, demonstrates to the satisfaction of the Commission that levels of spray booth chemicals present in the ambient air at adjacent properties will be below applicable thresholds of concern for human health.

(i)

Washing Facilities. A recycled water system is required. Washing facilities are limited to 7 a.m. to 11 p.m., seven days a week. When abutting a Residential zone, the hours of operation are limited to 8 a.m. to 7 p.m., seven days a week.

(j)

Litter. The site must be maintained free of litter at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

(k)

Adequate Queuing Areas. Vehicle queuing area shall be provided to ensure that there is no interference with vehicle access and on-site circulation and with circulation on adjacent public streets. Vehicle queuing areas must be approved by the Department of Public Works.

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Type of Residence. Bed and breakfast establishments must be located, developed and operated within a Single-Unit Dwelling.

(b)

Number of Rooms. No more than two rooms shall be rented unless the right to rent additional rooms is granted by an administrative use permit.

(c)

Appearance. The exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

(d)

Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

(e)

When located in the Primary Zone of the Delta. Any lodging or visitor-service facility located in the Primary Zone of the Delta is required to provide and maintain public access facilities, if required by the Delta Conservation and Development Commission, unless such access would adversely affect natural resources or natural processes.

Biomass conversion facilities ("bioenergy facilities") must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Bioenergy Production. Bioenergy facilities serving up to 125 percent of the on-site energy demand for an agricultural or industrial use are permitted as an accessory use when feedstocks are produced on site, or the feedstocks are the by-product of on-site agricultural processing.

(1)

Where feedstocks are imported from another site under common ownership or where biofuels are exported off site, a Conditional Use Permit shall be required.

(2)

Oversized accessory bioenergy systems located on or within existing structures or existing developed areas are not subject to the 125 percent threshold when producing electricity for a utility but shall be limited to the existing developed area of the site, as determined by the Zoning Administrator.

(b)

Setbacks. Bioenergy facilities shall comply with all setbacks of the zone where they are located, except that bioenergy production facilities shall be setback at least 200 feet from site boundaries adjacent to a Residential Zone, an area shown on the General Plan for residential use, or a conforming residential use.

(c)

Storage. The bioenergy facility shall include sufficient on-site storage for both raw materials and fuel production. On-site storage shall also be provided for all additional by-products resulting from bioenergy production unless those additional products are used on site for crop production or livestock consumption.

(d)

Regulatory Compliance. The operator of the biofuel facility shall provide the Zoning Administrator with proof that all necessary approvals have been obtained from State and Federal agencies involved in permitting any of the following aspects of biofuel production:

(1)

Air pollution emissions;

(2)

Transportation of biofuel, or additional products resulting from biofuel production;

(3)

Use or reuse of additional products resulting from biofuel production; and

(4)

Storage of raw materials, fuel, and additional products used in, or resulting from, biofuel production.

Industrial and commercial establishments that manufacture and sell beer and similar beverages, including production breweries, brew-on-premises breweries, and micro-breweries, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Retail Sales. Breweries that sell alcoholic beverages for off-site consumption must conform to the regulations in Section 9-409.060, Alcoholic Beverage Sales.

(1)

Accessory retail sales within Industrial Zones are not allowed.

(2)

In all other zones where breweries are allowed, the gross floor area devoted to accessory retail sales shall not exceed 10 percent of the total floor area, and the sales are limited to beverages manufactured on-site.

(b)

On-site Sales or Tasting. On-site sale or tasting, for a fee or no fee, of alcoholic beverages is allowed as an accessory use with an Administrative Use Permit and a license from the California Department of Alcoholic Beverage Control, if required. Only the beverages manufactured on-site shall be offered for sale or tasting, and the total floor area for on-site sales and tasting shall not exceed 10 percent of the gross floor area of the brewery. Beer brewed by a customer in a brew-on-premises brewery shall not be sold and must be used by the customer for personal or family use.

Cinema and Theater uses must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Entrance. Lobby entrance areas should be designed so as to minimize obstruction of sidewalks during operation hours.

(b)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

This Section establishes regulations that allow for commercial cannabis businesses, which are licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act, and Title 4, Public Safety, Division 10, Cannabis, Chapter 1, Commercial Cannabis Business, and have a commercial cannabis development agreement for the licensed activities adopted pursuant to Chapter 9-814, Development Agreements, of this Title. This Section ensures that the land use regulations and development standards in this Title are consistent with Title 4 licensing, monitoring, and enforcement regarding commercial cannabis businesses to protect and promote public health and safety of the population in the County.

(a)

Applicability. The provisions of this Section shall apply whenever:

(1)

An applicant has an approved commercial cannabis development agreement;

(2)

A Conditional Use Permit application is submitted for any form of Commercial Cannabis use; and/or;

(3)

A Planned Development application is submitted for a Cannabis Business Park in a PD Zone.

(b)

Cannabis Cultivation. Commercial cannabis cultivation is allowed, subject to the following development standards:

(1)

License. An approved annual County Commercial Cannabis Cultivator License and Business License shall be obtained from the County pursuant to Title 4 prior to beginning any commercial operation allowed pursuant to a Cultivator License. These licenses shall remain current in order to operate a Cannabis Cultivation operation.

(2)

Permits. Commercial cannabis cultivation allowed pursuant to a Cultivator License shall be subject to the following permitting requirements:

(A)

Cultivation may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial) and I-P (Industrial Park) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(B)

Cultivation may be permitted in a PD (Planned Development) Zone with a Conditional Use Permit for a PD Plan application for a Cannabis Business Park.

(3)

Locational Criteria. The following locational criteria shall apply to commercial cannabis cultivation allowed pursuant to a Cultivator License:

(A)

Cultivation and ancillary activities shall only be permitted within an enclosed structure; and

(B)

The entrance to the cultivation site shall be no more than 2,000 feet from a major intersection or arterial road. An entrance may be located more than 2,000 feet from a major intersection or arterial road, measured from the ultimate right-of-way, if all of the following are found to be true:

(i)

There is sufficient ease of access from the proposed site to an arterial road;

(ii)

There is sufficient access for emergency vehicles; and

(iii)

The Cultivator License holder demonstrates that the site may be secured to the satisfaction of the County.

(4)

Public Services. Commercial cannabis cultivation facilities located in the I-G, I-L, or I-P zones shall be served by a public wastewater disposal system, public water system, public stormwater drainage system and provide sanitary disposal of process water, except that cannabis cultivation may be permitted to use an on-site wastewater disposal system, on-site water system, and private stormwater drainage system and sanitary disposal of process water with an approved Special Purpose Plan for a Cannabis Business Park, when these service arrangements are shown to be protective of public health and safety and the environment.

(c)

Cannabis Distribution. Cannabis distribution shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Distributor License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning distribution. This license shall remain current in order to operate a Cannabis Distribution operation.

(2)

Permits. Cannabis distribution operations shall be subject to the following permitting requirements:

(A)

Cannabis distribution may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(B)

For any cannabis distribution operation on a parcel zoned AG (General Agriculture), a Distributor License and Cultivator License shall be required pursuant to Title 4, Public Safety, for the same lot.

(C)

Cannabis distribution may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(D)

Cannabis distribution shall also comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department, as well as State and Federal Regulations.

(d)

Cannabis Manufacturing. Cannabis manufacturing shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Manufacturer License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning distribution. This license shall remain current in order to operate a Cannabis Manufacturing operation.

(2)

Permits. Cannabis manufacturing operations shall be subject to the following permitting requirements:

(A)

Cannabis manufacturing may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial) and I-P (Industrial Park) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(i)

For any cannabis manufacturing operation on a parcel zoned AG (General Agriculture), a Manufacturer License and Cultivator License shall be required pursuant to Title 4, Public Safety, for the same lot.

(B)

Cannabis manufacturing may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(e)

Cannabis Non-storefront Retail Sales. Non-storefront retail sales of cannabis shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Retailer License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning cannabis non-storefront retail sales. This license shall remain current in order to operate a Cannabis No-storefront Retail Sales operation.

(2)

Permits. Cannabis retail sales operations shall be subject to the following permitting requirements:

(A)

Cannabis non-storefront retail sales may be permitted in the C-C (Community Commercial) and C-G (General Commercial) Zones with an approved Conditional Use Permit and an approved Special Purpose Plan.

(B)

Cannabis non-storefront retail sales may be permitted in I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit in a Cannabis Business Park.

(C)

Cannabis retail sales operating Non-Storefront Delivery may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit and an approved Special Purpose Plan.

(D)

Cannabis retail sales operating Non-Storefront Delivery may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(f)

Cannabis Laboratory Testing. Cannabis laboratory testing shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Testing Laboratory License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning cannabis laboratory testing operation. This license shall remain current in order to operate a Cannabis Laboratory Testing operation.

(2)

Permits. Cannabis laboratory testing shall be subject to the following permitting requirements:

(A)

Cannabis laboratory testing may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park), I-W (Warehouse), and all commercial zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, with a Conditional Use Permit and an approved Special Purpose Plan.

(B)

Cannabis laboratory testing may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park), I-W (Warehouse) and all commercial zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, within an Administrative Use Permit in an approved Cannabis Business Park.

(g)

Regulations and Standards Applicable to All Commercial Cannabis Activities.

(1)

Commercial Cannabis Development Agreement. An approved Commercial Cannabis Development Agreement shall be obtained pursuant to Title 4, Public Safety, prior to beginning any commercial operation allowed pursuant to a Commercial Cannabis License.

(2)

Compliance with County, State and Federal Regulations. All commercial cannabis activity shall comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department and with all applicable State and Federal Regulations.

(3)

Events. All events related to cannabis cultivation, manufacturing and distribution, including but not limited to Outdoor Special Events and Indoor Special Events, shall be prohibited.

(4)

Fencing. The fencing requirements shall be determined by the zone in which the cannabis activity is located pursuant to Section 9-400.060, Fencing and Screening.

(5)

Fire District. The premises must be located within a San Joaquin County Fire District.

(6)

Landscaping. The landscaping requirements shall be determined by the zone in which the cannabis activity is located pursuant to Chapter 9-402, Landscaping.

(A)

No product or signs inside the premises shall be viewable by the public from outside the premises.

(B)

Off-premises signs shall be prohibited by licensee or third party.

(7)

Parking. The parking requirements shall be determined pursuant to Chapter 9-406, Parking and Loading.

(8)

Public Services. Sites located in an I-G (General Industrial), I-L (Limited Industrial), or I-P (Industrial Park) Zone and in all Commercial Zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, shall be served by a public wastewater disposal system, public water system, public stormwater drainage system and provide sanitary disposal of process water. Cannabis cultivation, manufacturing, and laboratory testing may be permitted with a conditional use permit to use an on-site wastewater disposal system, on-site water system, and private stormwater drainage system and provide sanitary disposal of process water, when shown to the satisfaction of the Environmental Health Department that this arrangement would be protective of public health and safety and the environment.

(9)

Screening. The screening requirements shall be determined by the zone in which the cannabis activity is located pursuant to Section 9-400.060, Fencing and Screening.

(10)

Signs. The sign requirements shall be determined by the zone in which the cannabis activity is located, pursuant to Chapters 9-410, Signs.

(Ord. No. 4683, § 17, 12-9-2025)

Convenience Stores must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Use Permit. An Administrative Use Permit is required for any convenience market of more than 2,500 square feet in floor area.

(b)

Maximum Size. 10,000 square feet.

(c)

Setbacks. A minimum interior setback of 20 feet must be provided adjacent to any Residential Zone.

(d)

Hours of Operation. Permitted hours of operation are between 7:00 a.m. and 11:00 p.m., seven days a week, unless longer hours are allowed with a Conditional Use Permit.

(e)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

(f)

Litter. The site must be maintained free of litter and graffiti at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near the entrance/exit of the building.

Cottage Food Operations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Where Allowed. A Cottage Food Operation is permitted in a Single Unit Dwelling with approval of a business license.

(b)

Maximum Number of Employees. No more than one employee or independent contractor shall be permitted to work on-site in addition to the family member or household member of the cottage food operator.

(c)

No Signage Allowed. No sign or other advertisement identifying the Cottage Food Operation is allowed on premises or the lot where the cottage food operation located.

(d)

Registration Required. The Cottage Food Operation shall be registered with the Environmental Health Department in accord with Section 114365 of the California Health and Safety Code.

(e)

Direct Sales Only. Only direct sales of food products for off-site sales or consumption are permitted. No onsite food service is allowed.

(f)

Plan of Operation. Cottage Food Operations must have a plan of operation, including, but not limited to, food production and safety, hours of operation, litter control, and noise attenuation, which must be submitted with the application for a business license.

(g)

Building and Fire Safety Regulations. Evidence of compliance with all Building and Fire Safety regulations and with California Health and Safety Code requirements and any other measures necessary and appropriate to ensure compatibility of the proposed use with the surrounding area is required as part of the business license application.

(Ord. No. 4683, §§ 18, 19, 12-9-2025)

Day Care Centers must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six feet in height. If existing fencing is less than six feet in height, the Zoning Administrator may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users.

(b)

Garages. Garages cannot be converted for use as a Day Care Center unless:

(1)

Alternative on-site parking is available to meet minimum off-street parking requirements; and

(2)

The garage is improved to meet building and fire code regulations as a habitable space for the proposed occupancy classification.

(c)

Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 8:00 p.m.

(d)

Outdoor Recreation Area. The minimum amount of outdoor recreation area shall be 35 square feet for children under two years of age and 75 square feet for children two years of age or older.

(1)

Areas that must be excluded in calculating outdoor recreation area include side yards less than ten feet in width and areas containing swimming pools, spas, or other water bodies.

(2)

Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these areas are within a one quarter mile walk, are appropriate for recreation, and proper insurance coverage has been obtained for using them.

(e)

Passenger Loading. A passenger loading plan shall be required for all Day Care Centers, subject to the approval of the Zoning Administrator. All loading facilities shall be located off-street and within the site; however, the Zoning Administrator may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times.

(f)

Public Service Access. The applicant has developed and will implement a public service access plan providing or arranging for transportation, as necessary, for group care residents or children. The plan shall specifically describe the means by which residents will gain access to bus and other public transportation routes, shopping locations, medical, dental, or other health care facilities, and government offices.

(g)

Maintenance. The applicant must provide adequate exterior maintenance to the facility and surrounding yard and setback areas. This shall include a plan demonstrating provisions for regular yard and landscape irrigation and maintenance and other items of routine maintenance.

Drive-in and drive-through facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Circulation. Drive-through facilities must provide safe, unimpeded movement of vehicles at street access points, in travel aisles, and parking areas. A site plan showing directional movements for interior traffic circulation must be provided for review by the Department of Public Works.

(b)

Landscaping and Screening. In addition to complying with the landscaping standards in Chapter 9-402, Landscaping, additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent Residential districts.

(c)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

(d)

Pedestrian Walkways. Vehicle aisles must not intersect with interior pedestrian walkways unless no alternative exists. In such cases, pedestrian walkways must have clear visibility, emphasized by enhanced paving or markings.

(e)

Screening. Each drive-through aisle must be screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets.

(f)

Site Design.

(1)

Drive-through elements must be placed to the side or rear of the building. Drive-through windows must be oriented away from the street frontage and provide adequate screening measures through landscaping and design to minimize visibility of the drive-through.

(2)

The design of freestanding drive-through facilities must be compatible with the principal building, in terms of building color, materials, and form.

(g)

Stacking. Vehicular stacking areas must be provided to ensure that the vehicle queue will not interfere with public rights-of-way, private streets, or with on- or off-site parking and circulation.

(h)

Trash and Waste.

(1)

Garbage and trash containers shall be provided in locations suitably enclosed and screened so as not to be visible from a public right-of-way.

(2)

A waste receptacle shall be placed near the entry way to the drive-in or drive-through facility.

(3)

The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 100 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near to the entrance/exit of the building.

Emergency Shelters must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Basic Facility Requirements. Each Emergency Shelter shall include, at a minimum:

(1)

A client waiting and intake area shall be provided as interior space and contain a minimum of 10 square feet per bed provided at the facility, and a minimum size of 100 square feet of floor area

(2)

A courtyard or other on-site area for outdoor client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing;

(3)

Donation/collection bins and areas screened from public view and open to the public between the hours of 9:00 a.m. to 6:00 p.m. A sign stating hours of operation shall be placed in a clear, visible location and shall be no larger than 15 square feet.

(4)

Exterior lighting at all building entrances and outdoor activity areas activated between sunset and sunrise of each day for security purposes.

(5)

On-site management during hours of operation when clients are present, and an area for the manager near the entry to the facility;

(6)

Off-street parking at a ratio of one space for every 10 beds plus one space for the manager of the facility;

(7)

Storage facilities for personal belongings.

(8)

Telephone for use by clients;

(b)

Common Facilities. The Emergency Shelter may provide one or more of the following specific facilities and services:

(1)

Childcare facilities;

(2)

Commercial kitchen facilities operated in compliance with Health and Safety Code Section 113700, et seq.;

(3)

Dining area;

(4)

Laundry;

(5)

Recreation room; and

(6)

Support services (e.g., training, counseling).

(c)

Maximum Number of Beds. No more than 10 beds shall be provided in any single Emergency Shelter located in a Residential Zone, and no more than 100 beds shall be provided in any single Emergency Shelter located within a Commercial or Public Facilities Zone, except:

(1)

In response to a disaster; or

(2)

As authorized by a Conditional Use Permit.

(d)

Outdoor Food Distribution. Outdoor charitable food distribution shall be conducted entirely on private property in a covered area during times that are approved by the city and shall not block accessible pathways. Hours of operation shall be the same as the hours of operation for Social Services Centers and Government Offices in the zoning district where the shelter is located unless the Director determines that extending the hours will not interfere with or adversely affect surrounding uses based on the circumstances of the application.

(e)

Parking. At least one vehicle parking space for every 10 beds, one bicycle space for every five beds, and one additional parking space for every 10 beds. The Zoning Administrator may reduce this parking requirement upon finding that the actual parking demand will be less than the standard assumes.

(f)

Proximity to Other Shelters, Parks, Schools, and Recreational Facilities.

(1)

Minimum distance from another Emergency Shelter: 500 feet;

(2)

Minimum distance from a public park, public or private K-12 school, and a public recreational facility serving persons under the age of 18: 750 feet.

(g)

Signs. No signs shall be placed on the site identifying its use as a shelter for the homeless.

(h)

Management Plan. The applicant or operator shall submit a Management and Operations Plan for the Emergency Shelter for review and approval by the Zoning Administrator prior to approval of a business license. The Plan shall include, but not be limited to, the following:

(1)

Security;

(2)

Staff training;

(3)

Neighborhood relations;

(4)

Pet policy;

(5)

Client intake process;

(6)

List of services provided;

(7)

Facility maintenance;

(8)

Solid waste control;

(9)

Amenities, such as hours of operation, cooking/dining facilities, laundry facilities and activity policies; and

(10)

Anti-discrimination policies.

(a)

Intent. The intent of this Chapter is to allow for the placement of two (2) or more primary dwelling units, or two (2) or more structures containing dwelling units, on the same parcel, consistent with General Plan density requirements and policies, in order to achieve a more efficient use of land, provide a means of developing difficult sites, promote a more affordable living environment, and encourage the use of common open areas and other amenities in project design.

(b)

Permitted Zones. Dwelling Cluster applications may be accepted in any zone that allows residential dwellings as a primary use.

(c)

Requirements For Application. Applications for Dwelling Clusters may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department and shall include, but shall not be limited to, the following:

(1)

Site Plan. The application shall contain a site plan and supporting maps which clearly delineate the location and characteristics of the proposed use.

(2)

Density. The maximum number of dwelling units shall be consistent with the General Plan, and the dwelling unit type shall be consistent with that permitted by the regulating zone. The density of development shall be specified in the application.

(3)

Will Serve Letter. In areas served by an existing public water system, a public storm drainage system, or a public wastewater treatment system, the application for a Dwelling Cluster shall only be accepted if the applicant provides a written statement to the County from the agency expected to provide the required service that the agency will serve the proposed project and has, or will have, the capacity to provide such service.

(4)

Other Information. Any other information deemed necessary by the Review Authority.

(5)

Fee. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(6)

Maximum Number of Units. The maximum number of units allowed under this provision in the Agricultural zones is eight (8).

(d)

Review Procedures. The review procedure for Dwelling Cluster applications shall be reviewed by the Zoning Adminstrator as specified in Chapter 9-802 Common Procedures.For projects with four (4) or fewer dwelling units, public notice is not required.

(e)

Development Requirements. The following development requirements shall apply to any Dwelling Cluster Application approved under the provisions of this Chapter:

(1)

Yard Requirements. The dwelling units, or the structures containing dwelling units, shall comply with all yard requirements for main structures prescribed by the regulating zone.

(2)

Height Limits. The maximum height of structures shall conform to the requirements of the regulating zone.

(3)

Architectural Requirements. The dwelling units or structures shall comply with the following architectural design requirements:

(A)

Buildings shall be arranged so that each dwelling unit in multi-family structures is provided with its own identity and entry.

(B)

Buildings shall be designed to incorporate in all building elevations the recesses, projections, building offsets, and other features that provide variety and visual relief.

(C)

Private open space shall be at least:

(i)

Four hundred (400) square feet in area for detached single-family dwellings;

(ii)

Two hundred twenty-five (225) square feet in area for dwelling units in multi-family structures located on the ground floor; and

(iii)

Sixty (60) square feet in balcony area for upper story dwelling units in multifamily structures.

(4)

Common Driveway. Dwelling units shall be served by a common driveway having a single public road access point. Said driveway shall be constructed and available for use prior to occupancy of any units within the dwelling cluster.

(5)

Parking. Off-street parking shall be provided at a rate of two (2) parking spaces per dwelling unit, one (1) of which shall be covered, unless the applicant demonstrates to the satisfaction of the Review Authority that a lower ratio is warranted based on the nature of the dwelling cluster project. Group parking areas may be allowed, provided they are located on the site and within one hundred and fifty (150) feet from the dwelling units they are intended to serve.

(6)

Water, Storm Drainage and Wastewater Treatment Facilities. Within urban communities, both the existing and the proposed dwelling units of the dwelling cluster shall connect to a public water system, a public wastewater treatment system, and a drainage system that complies with the provisions of Chapter 9-606. For dwelling cluster projects proposed in rural communities, the infrastructure standards of Series 600 shall apply.

(7)

Landscaping. All areas not used for buildings, structures, driveways, parking areas, agriculture, or recreational purposes shall be landscaped. Said landscaping shall be in accordance with the provisions of Chapter 9-402 and as deemed appropriate by the Review Authority.

(8)

Other Codes. All existing and proposed dwelling units or structures shall comply with all current building, safety, fire, and health codes of the County or special districts.

(f)

Findings. Prior to approving an application for a dwelling cluster, the Review Authority shall find that all of the following are true:

(1)

The dwelling cluster proposed is consistent with the General Plan; any applicable Master Plan, Specific Plan, or Special Purpose Plan; and any other applicable plan adopted by the County which affects the property.

(2)

The property involved is suitable for the dwelling cluster proposed.

(3)

The dwelling cluster will not be significantly detrimental to the public health, safety, or welfare, or have a significant adverse impact on surrounding properties or on external infrastructure, utility, and circulation systems on which the dwelling cluster depends.

(Ord. No. 4632, § 20, 9-26-2023)

Entertainment associated with Eating and Drinking Establishments and parcels zoned Commercial Recreation must be located, developed, and operated in compliance with the following standards.

(a)

Permits Required. All non-exempt types of live entertainment require an Entertainment Permit or a Temporary Use Permit issued pursuant to Chapter 9-804, Use Permits, in addition to any other permits or licenses required by the County Code.

(b)

Conditions of Approval. In issuing an Entertainment Permit or a Temporary Use Permit, the Zoning Administrator may impose reasonable conditions relating to:

(1)

The days, hours and location of operation and the number of persons allowed on the premises;

(2)

Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

(3)

Whether security guards are required, and if so, how many;

(4)

Specific measures the applicant must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

(5)

Specific measures the applicant must undertake to remove trash attributable to the establishment or its patrons in and around the establishment;

(6)

Specific measures the applicant must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

(7)

Specific measures the applicant must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood; and

(8)

Whether the Sheriff must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business.

(c)

Display of Permit. The Entertainment Permit shall be displayed at all times in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any law enforcement or code enforcement officer.

(d)

Exemptions. The following types of entertainment and events are exempt from the Entertainment Permit required by this section, but a Temporary Use Permit may still be required under Section 9-409.420, Temporary Uses, for certain types of entertainment and special events that are of limited duration. This exemption does not relieve any entertainment establishment from complying with all other applicable regulations in the County Code, including requirements related to noise levels and nuisances.

(1)

Entertainment sponsored by any county agency, boards of education, or any other political subdivision of the State of California;

(2)

Entertainment sponsored by any nonprofit public benefit organization sponsoring youth activities. If the event is a dance, the following requirements must be met to qualify for an exemption:

[A]

No person 18 years of age or older may be admitted as a guest, unless such person is sponsoring the event, or is a family member of a student or the sponsor;

[B]

No alcoholic beverages may be served, consumed or permitted on the premises;

[C]

Chaperones are present, comprising two adults, 25 years of age or older, for every 100 guests; and

[D]

The event must finish by 12:00 a.m. and the premises and adjoining parking lots must be promptly vacated by all the guests.

(3)

Entertainment lawfully conducted at any county park, building or recreational facility on property owned and controlled by a public agency;

(4)

Entertainment limited to the use of a radio, recorded music, or speech not provided by a D.J.;

(5)

Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;

(6)

Entertainment conducted in connection within a theme park;

(7)

Entertainment conducted or sponsored by any religious organization, club, organization, society or association, that is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association;

(8)

Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If there is an admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental;

(9)

Entertainment provided by mechanical or electronic amusement devices in an arcade;

(10)

Bingo regulated under Title 6, Division 2, Chapter 5, Bingo Games;

(11)

Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;

(12)

Dance lessons, theatrical and performing arts lessons and student recitals;

(13)

Fitness services provided by an athletic club or fitness center;

(14)

Fundraisers for a political cause;

(15)

Parades and street performers such as musicians, singers or mimes;

(16)

Performances by the students at educational institutions where such performances are part of an educational or instructional curriculum or program; and

(17)

Theaters and cinemas not providing live entertainment.

(e)

Hours of operation. All entertainment establishments shall be closed, and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m. However, as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1.

(1)

No outdoor entertainment is allowed between 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and 11:00 p.m. and 6:00 a.m. Friday and Saturday, except that as part of a New Year celebration, outdoor entertainment establishments may remain open until 1:00 a.m. on January 1.

(2)

A responsible person must be present in the entertainment establishment during all hours that is open.

(f)

Attire. In any establishment where the sale of alcoholic beverages is lawfully permitted, it is unlawful to allow any person to remain on the premises while such person is unclothed, or in such attire, costume, clothing, or semi-transparent covering as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, buttocks, vulva or genitals.

(g)

No admittance of intoxicated persons. All entertainment establishments shall make reasonable efforts to prevent the admittance of any obviously intoxicated person. For purposes of this subsection, a person is obviously intoxicated when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including, but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or metal confusion.

(h)

No disorderly conduct. All entertainment establishments shall make reasonable efforts to prevent the admittance of any person whose conduct is disorderly, as described in Penal Code Sections 415, Fighting, Loud Noise, Offensive Words in Public Places, or 647, Disorderly Conduct.

(i)

Noise abatement. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond the walls of an entertainment establishment. Outdoor events shall comply with the performance standards for noise in Chapter 9-404, Noise.

(j)

Overly dispersal required. Each Responsible Person at an entertainment establishment shall use reasonable efforts to cause the orderly dispersal of patrons from the vicinity of the establishment at closing time.

(k)

Outdoor dining and seating. All outdoor dining and seating shall comply with the requirements of Section 9- 409.330, Outdoor Dining and Seating.

(Ord. No. 4632, § 21, 9-26-2023)

Explosives Handling may be allowed with a Conditional Use Permit, provided all of the following findings are made in addition to the required findings in Section 9-804.050, Required Findings:

(a)

The proposed site for the use is located one-half mile or more from any residence or residentially zoned area on soils not classified as "prime," of "statewide significance," or "unique" by the United States Department of Agriculture Soil Conservation Service;

(b)

The proposed site for the use will be located in areas within one-quarter mile of an existing Explosives Handling use; and

(c)

Explosive Handing at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or be injurious to property, agricultural operations, or improvements in the vicinity.

Large Family Day Care Homes must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Use Permit Required. The operator of the Large Family Day Care Home must obtain an Administrative Use Permit and secure all necessary licenses, certificates, and environmental health permits, as required. All permits (or copies of them) must be available for inspection on-site during all hours of operation.

(b)

Licensing. Large Family Day Care Homes shall be licensed or certified by the State of California and shall be operated according to all applicable state and local regulations.

(c)

Maximum Number of Children. No more than 14 children, including children under the age of 10 who reside at the home, shall be cared for at a Large Family Day Care Home.

(d)

Operator Residency. The operator of a Large Family Day Care Home must be a full-time resident of the dwelling unit in which the facility is located.

(e)

Outdoor Space. A minimum of 50 square feet of outdoor recreational space must be provided for each child over two years old. Swimming pools and adjacent pool decking shall not count towards meeting this space. The outdoor area cannot be located in any required front or street side yard, nor can it be shared with other property owners.

(f)

Passenger Loading. Curbside loading is presumed adequate for drop-off and pick-up of children; however, where the Zoning Administrator determines that curbside loading is not adequate, a passenger loading plan and two off-street parking spaces available for use during the hours of operation of the large family day care home shall be required.

(g)

Screening. A periphery fence or wall, constructed of wood or masonry, must be provided to screen and secure outdoor areas. Barbed wire is prohibited.

(h)

Swimming Pool or Spa. If the property contains a swimming pool or spa, the spa or swimming pool shall meet all current requirements of this Title for fencing, gate latches, and alarms.

Farm Employee Housing must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Eligible Facilities. Farm Employee Housing may consist of a variety of living quarters, dwelling units, and group housing, designed and maintained for use by eligible farm employees. Farm Employee Housing also means the same as "labor camp."

(b)

Off-Street Parking. Off-street parking shall be provided as required by Chapter 9-406, Parking and Loading. The minimum parking requirement for farm worker housing shall be one parking space per unit or one space per three beds for group quarters.

(1)

On-Site Wastewater Disposal System. In Agricultural Zones, Farm Employee Housing may be served by a private on-site wastewater disposal system, subject to the provisions of Chapters 9-603, Water Quality and Chapter 9-605, Private On-Site Wastewater Disposal, provided existing uses on the site are also served by a private on-site wastewater disposal system. A mandatory connection to a public wastewater disposal system is not required for farm worker housing if the Environmental Health Department determines that there is a suitable area on the site for a septic tank. Otherwise, the proposed farm worker housing shall be served by a public wastewater disposal system.

(2)

On-Site Well System. In Agricultural Zones, Farm Employee Housing may be served by an on-site well system, subject to the provisions of Chapter 9-601, Water Well and Well Drilling, provided that the existing uses on the site also are served by an on-site well system. Otherwise, the proposed Farm Employee Housing shall be served by a public water system.

(c)

Other Codes. Farm Employee Housing shall conform with all the requirements of the Environmental Health Department that are applicable to agricultural uses in Agricultural Zone in which the property is located. All Farm Employee Housing must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California's Fire and Building Codes and as amended by the County.

(Ord. No. 4632, § 22, 9-26-2023)

Public display of fireworks must be located and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permits Required. A Temporary Use Permit issued by the Zoning Administrator shall be required for all public displays of fireworks. An approved Operational Fire permit shall be submitted with every Temporary Use Permit application.

(b)

Timing of Application. An application for the public display of fireworks must be submitted at least four weeks before the proposed date of the display, and the Temporary Use Permit must be approved a minimum of two weeks prior to the proposed public display of fireworks.

(c)

Notice Required. The Zoning Administrator shall notify all property owners of land adjacent to the site approved for the public display of fireworks least one week prior to the date of the public display of the details of the public display of fireworks, including the date and time of the event and the length of time for the fireworks display.

Group Residential facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Minimum Lot Area. When located in a Residential Zone, the minimum lot area is 10,000 square feet.

(b)

Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six feet in height. Should existing fencing be less than six feet in height, the Zoning Administrator may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users.

(c)

Kitchen Facilities. Private living quarters may have efficiency kitchen facilities.

(d)

Laundry Facilities. Laundry facilities must be provided on-site.

(e)

Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.

(f)

Outdoor Recreation Area. The minimum area for outdoor recreation shall be 20 square feet for each person who resides in the facility. Spaces that must be excluded in calculating the size of outdoor recreation areas include side yards less than 10 feet in width and areas containing swimming pools, spas, or other water bodies. Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these areas are within a one-quarter mile walk if they are appropriate for recreation and proper insurance coverage has been obtained for using them.

(g)

Security. Parking garages, surface parking, and private and common areas located outside the building must be designed to protect the security of residents, guests, and employees by controlling access to the facilities by other persons.

Hazardous Waste facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Compliance with State Codes Required. All applicants for hazardous waste facility projects listed in the County's Hazardous Waste Management Plan shall comply with the procedures set forth in Public Resources Code Sections 21000-21177 and Government Code Section 65920 et seq. or any successor statutes in addition to the requirements for Conditional Use Permits.

(b)

Specified Hazardous Waste Facilities. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health and Safety Code Sections 25199 et seq. or any successor statute, Public Resources Code Sections 21000 - 21177, and Government Code Section 65920 et seq. or any successor statutes.

(c)

Standards and Locational Criteria. All specified hazardous waste facility projects in the County shall comply with the siting criteria set forth in the County's Hazardous Waste Management Plan and the following criteria:

(1)

Capability of Emergency Services. All facilities shall be located in areas where the Fire Departments is able to respond immediately to hazardous material accidents, where mutual aid and immediate aid agreements are well established and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous material accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

(2)

Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California-registered civil engineering geologist.

(3)

Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality meets the regional water quality objectives for beneficial use shall provide increased spill containment and inspection measures.

(4)

Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board permit requirements for groundwater monitoring. Facilities that handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(5)

Discharge of Treated Effluent. Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site

should be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean. All facilities should comply with State and federal permitting requirements.

(6)

Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a 100-year return frequency and shall not be located in areas subject to flash floods and debris flows. All other facilities shall be located outside floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.

(7)

Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Facilities with subsurface storage or treatment must be located at least one-half mile away from all potential drinking water sources. All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.

(8)

Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum 200-foot setback from a known active earthquake fault.

(9)

Proximity to Areas of Waste Generation. Subject to other standards and criteria in this section, all facilities shall be located in areas best suited for providing services to any hazardous waste generators in the County. Facilities that will primarily serve generators from outside the County must demonstrate why the facility cannot be located closer to the points of hazardous waste generation they serve.

(10)

Proximity to Populations. Residuals repositories shall be a minimum distance of 2,000 ft. from any residence.

(11)

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other aboveground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally highly permeable if adequate spill containment and inspection measures are employed.

(12)

Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential rapid geologic change unless

containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(d)

Conditions of Approval. The following conditions shall apply to all proposed facilities with an approved Conditional Use Permit:

(1)

Fire and Building Codes. All storage or use of hazardous materials must be approved by the Fire Prevention Bureau and the local Fire Chief and be in conformance with all applicable fire and building codes.

(2)

Safety and Security. The operator shall provide a 24-hour surveillance system that continuously monitors and controls entry onto the facility. Perimeter fencing shall be constructed, and security measures taken to prevent climbing and scaling of fences. Masonry walls shall be used when the facility is adjacent to nonindustrial uses. The Zoning Administrator shall determine compliance with this standard.

(3)

Monitoring.

(A)

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements that the County is authorized to enforce, County officials may enter the premises on which a hazardous waste facility permit has been granted.

(B)

The owner or operator of a facility shall report quarterly to the Zoning Administrator the amount, type and disposition of all wastes processed by the facility. The report shall include copies of all manifests showing the delivery and types of hazardous wastes, a map showing the exact location (coordinates and elevation), and the quantities and types of materials placed in repositories, stored, or disposed of onsite.

(C)

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints regarding facility operations and copies of all inspection reports made by other local, state or federal agencies to the Zoning Administrator.

Home occupations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The standards of this Section apply to any occupation conducted in a dwelling unit, garage, or accessory building in a Residential or Agricultural Zone that is incidental to the principal residential use.

(b)

Exterior Residential Appearance. The exterior residential appearance of the unit within which the home occupation is conducted must be maintained. No exterior indication of a home occupation is permitted. There shall be no visible signs or window displays, except as required by law or allowed by Chapter 9-406, Signs.

(c)

No On-Site Retail Sales. There shall be no sale or display of a commodity on the premises of a home occupation. This prohibition does not apply to food products from cottage food operations meeting the requirements of the California Department of Public Health.

(d)

Nuisances Prohibited. A home occupation must be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of wireless telecommunications, interference with radio or television reception, or other hazard or nuisance is perceptible on adjacent lots or in neighboring units in a multipleunit building.

(e)

Number of Employees. No more than one person other than the resident(s) of the dwelling shall be employed on-site or report to work at the site of the home occupation. This prohibition also applies to independent contractors who work on-site; the home occupation may have off-site employees, contractors, and partners, provided they do not report to work at the property.

(f)

Outdoor Equipment. No outdoor storage or display of vehicles, equipment, materials or supplies related to the home occupation shall be permitted, with a single exception: one business vehicle, up to two-ton capacity, with signage and used for the home occupation is permitted.

(g)

On-Site Client Contact. Customer and client visits are permitted, provided the home occupation does not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

(h)

Permitted Home Occupations. Permitted home occupations include a broad range of uses that are relatively benign and have minimal impact on adjoining uses, pedestrian and vehicular traffic and public services and facilities. Examples of such occupations are architectural, engineering, landscape architectural, and interior design services, art restoration, consulting and data processing, digital research,

direct sales distribution (but no on-site retail sales), dressmaking, sewing and tailoring; flower arranging, insurance sales and services, jewelry making, real estate sales and services, secretarial and word processing, social media, telephone answering, writing, and computer programming.

(i)

Prohibited Occupations and Activities. The following are expressly prohibited for on-site home occupations: ambulance or hearse service; ammunition reloading; any business distributing, transporting, or delivering commercial cannabis or commercial cannabis products; bed and breakfast lodging; ceramics using a kiln of six cubic feet or more in size; , gym, dance, or exercise studio; large household appliance repair or reconditioning; mortician; medical or dental office; private club; shop for repair, storage, or reconditioning of boats, cars, trucks, and recreational vehicles; restaurants; retail sales except artist's, artisan's, and photographer's original work; towing yard; veterinary uses; and welding shop.

(j)

Restricted Home Occupations. The following home occupations are permitted, subject to the limitations listed.

(1)

Contractors, provided there is no on-site storage of heavy vehicles, construction materials, and equipment not normally associated with a single family residential use.

(2)

Cottage food operations, provided the requirements of Section 9-409.160, Cottage Food Operation, are met.

(3)

Dog and cat breeding, provided the number of adult dogs and cats does not exceed three.

(4)

Electronic, mechanical or garden equipment repair, provided there is no individual customer pickup or delivery at the site. All testing shall be performed within an enclosed building.

(5)

Furniture repair and restoration, provided there is no individual customer pickup or delivery at the site.

(6)

Gardening and landscape maintenance, provided there is no on-site storage of fertilizers, pesticides, plants, soils, and heavy equipment.

(7)

Mail order businesses, provided there are no direct on-site sales to customers.

(8)

Manufacturing of custom items, clothing. Handicrafts, toys, or similar products, using light duty equipment normally found in a residence.

(9)

Private lessons and individual instruction in academic subjects, athletics, the arts, crafts, dance, or similar disciplines, provided that only one student is present for instruction or practice at any time.

(10)

Shoe repair, provided there are no more than eight customer visits per day to drop off or pick up such items and no sales of any kind are permitted.

(11)

Taxicab, limousine, and on-demand transportation service, provided that no vehicle parked at or near the residence sued for the home occupation shall be on-call and available for service or dispatched from the residence by radio, telephone or the internet. An Administrative Use Permit shall be required to have more than one vehicle associated with this service parked at or near the residence where this home occupation is located.

(k)

Storage. There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, except for those amounts which would normally be permitted by the California Building Code or specifically approved as to type by the Zoning Administrator; nor shall merchandise be visible from outside the home.

(l)

Use of Commercial Vehicles. The home occupation may involve the use of a commercial vehicle, not to exceed 11,000 pounds gross vehicle weight rating, as defined in the California Vehicle Code. The following types of vehicles shall be stored off-site and are expressly prohibited on the site of a home occupation:

(1)

Limousines or taxicabs;

(2)

Dump trucks;

(3)

Tow trucks;

(4)

Pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes);

(5)

Tractors and trailers (e.g., construction trailers, chipper trailers, and semi-trailers);

(6)

Construction equipment (e.g., cement mixers, chippers); and

(7)

Mobile Food Vendor equipment (e.g., truck, cart, or similar).

(m)

Advertising. There shall be no public advertising which calls attention to the fact that the home is being used for business purposes. Telephone listings shall not contain the address of the home occupation business.

(Ord. No. 4623, §§ 24, 25, 5-2-2023; Ord. No. 4683, §§ 20, 21, 12-9-2025)

Hospitals and clinics must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Location. Hospitals are only allowed on sites with at least one frontage on an arterial street.

(b)

Emergency Service Entrance. An off-street short-term parking and loading zone is required with adequate queue space for emergency vehicles.

Live-Work Units must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Establishment. Live-Work Units may be established through new construction or through the conversion of existing multi-family residential, commercial, and industrial buildings.

(b)

Allowable Uses. Work activities in Live-Work Units are limited to uses that are permitted outright or with a Zoning Compliance Review or allowed with an Administrative Use Permit or Conditional Use Permit in the zones in which the Live-Work Units are located. Live-Work Units are not permitted to contain only "work" or commercial uses. On-site storage and sale of materials and merchandise is allowed within enclosed structures; outside storage is prohibited.

(c)

Development Standards. Live-work buildings shall comply with the following standards.

(1)

The minimum size of an individual live-work unit shall be 500 square feet.

(2)

The workspace must meet the requirements of the California Building Code for the type of activity/use being undertaken. Similarly, the area defined as the living space must comply with the Building Code requirements for habitable space and meet, at a minimum, the Building Code standards for an efficiency unit.

(3)

The reuse of existing commercial or industrial buildings for live-work occupancy shall be subject to alternative building standards, as adopted by the County, for the conversion of existing buildings, or portions thereof, from commercial or industrial uses to joint living and work quarters. These alternative standards are intended to provide a reasonable level of safety to the building occupants and are in conformance with the provisions of California Health and Safety Code Section 17958.11

(d)

Sale or Rental of Portions of Two-Level Units Prohibited. No portion of a two-level Live-Work Unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

Mobile Food Vendors must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permits Required. A single Mobile Food Vendor may be permitted with a Zoning Compliance Review if no seating or restroom facilities are provided. For projects with two or more Mobile Food Vendors located on one property or projects that include the provision of seating and restroom facilities, an Administrative Use Permit is required.

(b)

Site Criteria/Operational Characteristics. The following criteria shall apply to the siting and operational characteristics of Mobile Food Vendors:

(1)

Adequate Parking Required.

(A)

Parking shall be required as per Table 9-406.040, or as modified by the Zoning Administrator.

(B)

A Mobile Food Vendor located on the premises of an already established business shall be allowed to operate their business on that location only if it can be shown that there is adequate parking for both the established business and for customers of the Mobile Food Vendor business.

(2)

Overnight Parking and Washdown Facility. The off-site location where the Mobile Food Vendor equipment (i.e., truck, cart, or similar) is to be stored overnight and washed down must be identified in the land use permit application. Mobile Food Vendors shall not be parked or stored in Residential Zones.

(3)

Site Cleanup. The operator shall be responsible for cleaning up the site and adjacent surrounding area of the trash and debris generated by the business during and at the end of each business day. Wash down of the Mobile Food Vendor shall be only permitted at an approved facility that will capture the wastewater in an approved sanitary sewer.

(4)

Locational Limits. The Mobile Food Vendor shall not be located within:

(A)

A 12-foot radius of the outer edge of any entranceway to any building or facility used by the public or where space for pedestrian passage will be reduced to less than six feet;

(B)

200 feet of a permitted residential use, a Residential Zone, or an area shown on the General Plan for residential use;

(C)

400 feet of another Mobile Food Vendor, unless permitted by an approved Administrative Use Permit for the parking of multiple Mobile Food Vendors on the same site; or

(D)

400 feet of a permitted Easting and Drinking Establishment—Restaurant, Full Service or Restaurant, Limited Service.

Locational criteria are measured from the nearest property lines.

(Ord. No. 4671, § 28, 5-13-2025)

Mobile Home Parks must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Maximum Density. The maximum density is 10 mobile home units per net acre unless a lower General Plan density limit is set for the Residential Zone where the park is located.

(b)

Minimum Mobile Home Site Dimensions.

(1)

Minimum area: 2,500 square feet.

(2)

Minimum width: 40 feet

(3)

Minimum Service Road Frontage: 25 feet.

(c)

Access and Circulation.

(1)

Entrance Roads. Roads that serve entrances to Mobile Home Parks shall provide two-way access and be located no less than 150 feet from a public street. The minimum number of entrances and exits for Mobile Home Parks shall be determined by the Zoning Administrator.

(2)

Internal Roads.

(A)

All Mobile Home Parks shall be served by at least one interior road of continuous two-way circulation.

(B)

No road that does not provide for continuous circulation shall exceed 600 feet in length. Dead-end roads shall have cul-de-sacs of no less than 50 feet in radius.

(3)

Minimum Road Widths.

(A)

24 feet for roads on which parking is prohibited;

(B)

32 feet for roads on which parking is allowed on one side only; and

(C)

40 feet for roads on which parking is permitted on both sides.

(d)

Walkways and Bikeways. All Mobile Home Parks shall provide internal walkways that connect each mobile home site and provide access to all common areas and a public street

(1)

Driveway Crossings. Driveway crossings shall be held to a minimum on walkways, shall be located and designed to provide safety and shall be appropriately marked and otherwise safeguarded.

(2)

Walkways Used by Children. Walkways to be used by children as routes to school, bus stops, or other destinations shall be located and safeguarded to minimize contacts with automobile traffic.

(3)

Bikeways. Bikeways shall be incorporated into the walkway system if there are more than 200 spaces proposed.

(4)

Combined with Easements. Walkways and bikeways may be combined with other easements and used by emergency, maintenance, or service vehicles.

(e)

Required Parking.

(1)

On-site Parking for Residents. One parking space at each mobile home site.

(2)

Guest Parking. One space for every two units, located within 350 feet of the mobile home site.

(f)

Screening. A six-foot high masonry wall shall be provided along the perimeter on the rear and interior side property lines. All common storage areas and common areas for garbage or rubbish shall be screened from mobile home park residents by a screen not less than seven feet in height, and equipment screening shall be provided, as required by Section 9-400.090, Screening of Equipment.

(g)

Landscaping. In addition to the requirements of Chapter 9-402, Landscaping, a 10-foot-wide landscaped strip shall be provided along the perimeter of the Mobile Home Parks abutting roads. All areas not used for buildings, mobile homes, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped.

(h)

Outdoor Recreation Area. All Mobile Home Parks with more than 10 mobile home sites shall provide outdoor recreation and open space areas as follows:

(1)

Minimum Size. Required recreation and open space areas shall contain a minimum of 5,000 square feet plus 100 square feet for each home site over 50. These areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis.

(2)

Limits on Paving. Not more than 30 percent of outdoor recreation area shall be paved; the balance shall be planted or have pervious surfaces for active use.

(i)

Common Storage Area. A minimum of 50 square feet for each mobile home site shall be provided as common storage areas for use by residents of the Mobile Home Parks for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles.

(j)

Water and Sewer. Each Mobile Home Parks shall have water and wastewater disposal facilities as required by Chapters 9-601, Water Well and Well Drilling, 9-602, Water Systems, and 9-604, Wastewater Treatment and Disposal, respectively.

Nurseries and Landscaping Services must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Products for Sale. Products offered for sale are limited to nursery stock and related materials incidental to the planting, care, and maintenance of plants, including fertilizer, pesticides, seeds, and planting containers, and exclude general building materials and hardware, tools other than for soil preparation and general landscaping.

(b)

Enclosures. All storage, display, and sale of products other than nursery stock must be conducted within a completely enclosed building or within an area enclosed by a solid wall or fence and gate between five and six feet in height.

Outdoor Dining and Seating facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The standards of this Section apply to Outdoor Dining and Seating located on private property and to Outdoor Dining and Seating in the public right-of-way.

(b)

Accessory Use. Outdoor Dining and Seating must be conducted as an accessory use to an Eating and Drinking Establishment located on the same lot or an adjacent lot.

(c)

Enclosure. Awnings or umbrellas may be used but must be adequately secured and/or retractable.

(d)

Encroachment Permits—When Required. An encroachment permit issued by the Director of Public Works shall be required of any Outdoor Dining and Seating proposed within public rights-of-way.

(e)

Furnishing and Fixtures. Furnishing may consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building.

(f)

Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.

(g)

Litter Removal. Outdoor Dining and Seating areas must always remain clear of litter.

(h)

Location. Outdoor Dining and Seating areas may be located within off-street parking spaces or elsewhere on the site or adjacent sidewalks. They shall not impede or be within the required clear paths of travel on sidewalks (a minimum four-foot- wide travel path).

(i)

Maximum Area. The total area of Outdoor Dining and Seating shall not exceed the area for indoor eating.

(j)

Noise Controls. All forms of speaker amplification associated with Outdoor Dining and Seating are prohibited.

(k)

Parking. Where an Outdoor Dining and Seating area occupies less than 200 square feet, no additional parking spaces for the associated eating and drinking establishment is required. Otherwise, parking must be provided according to Chapter 9-404, Parking and Loading.

(l)

Pedestrian Space. Tables and chairs must be placed in a way that allows for an unobstructed pedestrian walkway with a minimum width of four feet. At least 25 percent of the seating must be accessible to persons using wheelchairs.

(m)

Signs. No signs are permitted within public; rights of way except as required for public health and safety reasons. See Chapter 9-408 for detailed requirements.

(n)

Special Events and Outdoor Entertainment. A Temporary Use Permit or Administrative Use Permit is required for special events and outdoor entertainment.

Outdoor Sales must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permanent Outdoor Display and Sales. The permanent outdoor display and sale of merchandise associated with a retail business, except for Automobile Sales, which is subject to Section 9-409.080, Automobile Sales and Services, requires a Zoning Compliance Review, and must comply with the following standards:

(1)

Relationship to Main Use. The outdoor display and sales area must be directly related to a retail sales business occupying a primary structure on the subject parcel.

(2)

Display Locations.

(A)

Outdoor sales and display located in the public-right-of-way requires an encroachment permit issued by the Department of Public Works.

(B)

The displayed merchandise must not disrupt the vehicle and pedestrian circulation on the site, obstruct driver visibility or otherwise create hazards for vehicles or pedestrians, or use or block a required parking space.

(C)

A four-foot-wide pedestrian pathway to the main entrance of the use must be maintained and not blocked by merchandise. If there is more than a four-foot-wide pathway provided, merchandise may be displayed in an area outside of the required four feet.

(3)

Allowable Merchandise. Only merchandise generally sold at the business is permitted to be displayed outdoors.

(4)

Hours of Operation. The outdoor sales and display area shall only be open during the business hours of the establishment with which it is associated.

(5)

Prohibitions. No part of the display shall consist of moving parts, flashing lights, or other elements that could pose a traffic safety distraction.

(6)

Refuse/Litter. The operator is responsible for collecting trash due to outdoor sales.

(b)

Seasonal and Temporary Sales. For seasonal and temporary sales, such as holiday tree and pumpkin lots, refer to Section 9-409.430, Temporary Uses.

Personal Services must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Hours of Operation. Hours of operation are limited to 7:00 a.m. to 9:00 p.m., seven days a week unless otherwise specified.

(b)

Massage Bodywork Establishments. Massage bodywork establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed in this section.

(1)

Permits Required. An Administrative Use Permit and a massage bodywork establishment permit issued pursuant to Title 7, Business Regulations, Chapter 6, Massage/Bodywork Establishments and Massage/Bodywork Technicians, of the County Code are required.

(2)

Facility Requirements. Every massage bodywork establishment shall meet the following requirements:

(A)

Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.

(B)

Minimum ventilation shall be provided in accordance with the Building Code.

(C)

Hot and cold running water shall always be provided.

(D)

Closed cabinets shall be provided for storage of clean linens.

(E)

Adequate dressing, locker and toilet facilities shall be provided for patrons.

(F)

A minimum of one sink shall always be provided. The sink shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each sink.

(c)

Tattoo Parlor.

(1)

Registration Required. Any person who is engaged in the business of tattooing must provide evidence of registration with the County Environmental Health Department.

(2)

No Persons under 18. A sign must be posted on the door or in view of the entrance, stating that no person under the age of 18 is allowed on site, unless accompanied by a parent or legal guardian.

Produce Stands and Agricultural Stores must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The provisions of this Section shall apply whenever:

(1)

A new building or structure is constructed for use as a Produce Stand or Agricultural Store;

(2)

An existing building, including a legal nonconforming structure is enlarged for use as a Produce Stand or Agricultural Store; or

(3)

The use of the site or the use of the building is changed to accommodate a Produce Stand or Agricultural Store.

(b)

Produce Standards. Produce Stands shall be subject to the following development standards:

(1)

Area. The maximum area to be used for a Produce Stand is 700 square feet.

(2)

Landscaping. No landscaping improvements shall be required.

(3)

Length of Operation. Produce Stands shall be temporary. Temporary means any activity, structure, tent or canopy that is used for a period of not more than 180 days within a 12-month period on a single property.

(4)

Location and Number. One Produce Stand shall be permitted per parcel in Agricultural Zones.

(5)

Other Permits. Produce Stands shall comply with all regulations administered by the Building Department and the Fire Department. Produce Stands shall not be required to obtain a permit to operate from the Environmental Health Department. A Business License shall not be required for a Produce Stands when the farmer sells her/his own produce pursuant to Title 7, Section 7-1002(b). No other entitlements from the Community Development Department are needed. Produce Stands shall not be subject to the public Department of Public Works Traffic Impact Mitigation fee.

(6)

Parking. An earthen or gravel parking area capable of accommodating a minimum of two vehicles shall be required for Produce Stands. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(7)

Retail Sales Activities. Only the sale of produce, cut flowers, and/or shell eggs grown or raised in San Joaquin County is permitted. All other types of merchandising is prohibited.

(8)

Signs. See Chapter 9-408, Signs.

(9)

Structures. Tables and/or membrane structures, such as tents and canopies, are permitted. All tables and membrane structures must be removed when operations cease for the year. Only a permanent built structure of less than 120 square feet is permitted. Such structures shall remain vacant for six months of the year unless an Administrative Use Permit allows the stand to be open for a longer time period each year. All built structures will require a Building permit.

(c)

Small Agricultural Stores. Small Agricultural Store operations require a Zoning Compliance Review and shall be subject to the following development standards:

(1)

Allowable Retail Sales. The sale of agricultural products, sundries, prepackaged food and bottled or canned beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(2)

Cold Storage. Cold storage trailers are permitted as an accessory structure to agricultural operations in the Agricultural Zones. Cold storage boxes with glass panels that are used for display shall be included as part of the 150 square foot floor area allowed for retail sales.

(3)

Conversion of Produce Stands to Small Agricultural Stores. A Produce Stand existing on or before May 25, 2000, which is housed in a structure that exceeds 1,500 square feet and that conformed to the Development Title requirements at the time it was established may continue to use the existing building only when:

(A)

The Produce Stand owner or operator has obtained a Business License amendment; and

(B)

The Produce Stand owner or operator has obtained an Administrative Use Permit for a Small Agricultural Store.

(4)

Landscaping. See Chapter 9-402, Landscaping, and the Base Zone requirements.

(5)

Location and Number. One Small Agricultural Store shall be permitted per parcel in the Agricultural and Commercial Zones and in the Warehouse (I-W), Limited Industrial (I-L) and Truck Terminal (I-T) Zones.

(6)

Maximum Floor Area for Retail Sales. 150 square feet.

(7)

Maximum Structure Size. 1,500 square feet.

(8)

Other Permits. Small Agricultural Store shall comply with all regulations administered by the Building Department, Department of Public Works, and the Fire Department. Small Agricultural Stores shall be required to obtain an annual permit to operate from the Environmental Health Department, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Small Agricultural Stores shall also be required to obtain a Business License.

(9)

Parking. The parking surfacing requirement for Small Agricultural Store shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or an access

agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(10)

Signs. See Chapter 9-408, Signs.

(d)

Large Agricultural Stores. Large Agricultural Store operations require an Administrative Use Permit and shall be subject to the following development standards:

(1)

Allowable Retail Sales. The sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(2)

Cold Storage. Cold storage trailers are permitted outright as an accessory structure to agricultural operations in the Agricultural Zones. Cold storage boxes with glass panels that are used for display shall be included as part of the 500 square foot floor area allowed for retail sales.

(3)

Landscaping. See Chapter 9-402, Landscaping, and the Base Zone requirements.

(4)

Location and Number. One Large Agricultural Store shall be permitted per parcel in the Agricultural and Commercial Zones and in the Warehouse (I-W), Limited Industrial (I-L) and Truck Terminal (I-T) Zones.

(5)

Maximum Floor Area for Retail Sales. 500 square feet

(6)

Minimum Structure Size. 1,500 square feet.

(7)

Other Permits. Large Agricultural Store shall comply with all regulations administered by the Building Department, Department of Public Works, and the Fire Department. Large Agricultural Store shall be required to obtain an annual permit to operate from the Environmental Health Department, including approval for all proposed or remodeled food facilities if they sell any food items except owner grown produce and shell eggs. Large Agricultural Store shall also be required to obtain a Business License.

(8)

Parking. The parking surfacing requirement for Large Agricultural Store shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(9)

Signs. See Chapter 9-408, Signs.

Recreational Vehicle Parks must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Site specifications. Recreational vehicle sites shall conform to the following:

(1)

Area. Sites shall contain a minimum of one thousand five hundred (1,500) square feet with the following exceptions:

(A)

Individual sites in Freeway Service (C-FS) zones may contain a minimum of one thousand (1,000) square feet provided the average area of all recreational vehicle sites in the recreational vehicle park is at least one thousand two hundred (1,200) square feet.

(B)

Up to thirty percent (30%) of individual sites in Commercial Recreational (C-R) Zone or agricultural (AL, AG, or AU) zones may contain a minimum of one thousand (1,000) square feet, provided the average of all recreational vehicle sites in the recreational vehicle park is at least one thousand five hundred (1,500) square feet.

(2)

Setbacks. Recreational vehicle sites and off-street parking spaces shall not be located within the setback areas required for main buildings in the zone in which the recreational vehicle park is located, except where otherwise authorized by the Title.

(3)

Hookup Facilities. All sites shall provide full power, water, and sewage hookup facilities.

(4)

Pull-Through Spaces. No less than twenty percent (20%) of all spaces provided for recreational vehicles shall be "pull-through" spaces which allow forward entry into and exit from the space.

(5)

Site Layout. All individual sites shall be designed to accommodate at least one (1) automobile in addition to the recreational vehicle.

(b)

Access and circulation.

Roads servicing recreational vehicle parks shall comply with the following provisions:

(1)

Entrance Roads. Roads which service entrances to recreational vehicle parks shall provide two (2) way access and shall be provided as required by the Director of the Community Development Department.

(2)

Internal Roads.

(A)

All recreational vehicle parks shall be serviced by at least one (1) interior road of continuous two (2) way circulation.

(B)

The use of nonthrough interior roads shall be minimized. Such roads shall not exceed six hundred (600) feet in length and shall end in cul-de-sacs providing fifty (50) feet in radius for the turnaround of recreational vehicles.

(C)

Each recreational vehicle site shall have frontage on the interior road servicing it.

(3)

Road Widths. Road widths for interior roads shall be as follows:

(A)

Twenty-four (24) feet in clear width where two (2) way traffic is required for ingress and egress.

(B)

Sixteen (16) feet in clear width for one (1) way traffic provided the one (1) way road originates from and terminates in a two (2) way road.

(c)

Park design. Recreational park design shall comply with the standards set forth below:

(1)

Sewage Facilities. All recreational vehicle parks shall be serviced by a sewage disposal system that includes a sewage disposal plant. The use of septic tanks shall not be permitted.

(2)

Noise Mitigation. Recreational vehicle parks shall provide measures to mitigate noise to sixty-five (65) Db Ldn for individual sites.

(3)

Lighting. Lighting of park interiors shall be provided as necessary for the safety or security of park users. Lighting shall be installed so as not to cast glare onto adjoining roads, waterways, or properties.

(4)

Off-Street Parking. Off-street parking shall be provided as set forth in this Section.

(A)

There shall be one (1) parking space provided for each recreational vehicle site.

(B)

In all recreational vehicle parks containing fifty (50) or more recreational vehicle spaces, conveniently located parking bays for additional car parking shall be provided within three hundred (300) feet of any recreational vehicle space.

(5)

Perimeter Treatment. Recreational vehicle park perimeters shall be treated as follows:

(A)

Screening. Screening shall conform to the standards set forth in Section 9-1022.4 (Screening Standards) of this Title.

(B)

Landscaping. A ten (10) foot wide landscaped strip shall be installed and maintained along perimeters of abutting streets. Landscaping shall conform to the standards set forth in Section 9-1020.3 (Landscaping Standards) of this Title.

(6)

Open Space. All recreational vehicle parks with more than ten (10) sites shall provide recreation and open space areas as set forth herein.

(A)

Minimum Area. Required recreation and open space areas shall contain a minimum of five thousand (5,000) square feet, with an additional one hundred (100) square feet for each recreational vehicle site in excess of fifty (50). No more than thirty percent (30%) of said areas shall be paved.

(B)

Locational Criteria. Recreation and open space areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis.

(d)

Accessory commercial services. Limited commercial services catering exclusively to park users may be permitted, provided such services are necessary for the benefit of park users and will not duplicate services available in adjoining areas. Typical services may include snack shops, laundries, and mini markets. All such accessory commercial services shall be approved by the Review Authority.

(e)

Prohibitions. Prohibitions set forth in this Section shall apply within recreational vehicle parks.

(1)

Permanent Residency. No permanent residency shall be permitted except for a caretaker or manager.

(2)

Conventional Buildings. A recreational vehicle park shall have no conventionally constructed buildings, other than the following:

(A)

Recreational buildings;

(B)

Accessory commercial buildings, as specified in Section 9-1040.6;

(C)

One (1) dwelling unit for the use of a caretaker or manager.

(3)

Mobile Homes. A recreational vehicle park shall have no mobilehomes other than one (1) for the use of a caretaker or manager.

(A)

The site for the mobilehome shall comply with the provisions of Section 9-1040.4 (Mobilehome Sites) of this Title.

(B)

If a mobilehome is used to provide housing for a caretaker or manager, a conventional single-family dwelling for the use of a caretaker or manager shall not be permitted.

(4)

Commercial Uses. There shall be no commercial uses or activities within a park except for those authorized by Section 9-1040.6.

Recycling facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Reverse Vending Machines.

(1)

Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

(2)

Identification. Machines must 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.

(3)

Hours of Operation. No restrictions.

(4)

Lighting. Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(5)

Location. Machines must be located adjacent or as near as feasibly possible, to the entrance of the commercial host use and must not obstruct pedestrian or vehicular circulation. Machines can be located against a wall but not in parking areas.

(6)

Trash Receptacle. Machines must provide a minimum 40-gallon garbage can for non-recyclable materials located adjacent to the reverse vending machine.

(b)

Recycling Collection Facilities.

(1)

Containers. Recycling collection facilities shall use containers that are constructed and maintained with durable waterproof and rust-proof material, 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. Containers for the 24-hour donation of materials shall be at least 30 feet from any Residential Zone unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

(2)

Equipment. No power-driven processing equipment may be used, except for reverse vending machines.

(3)

Identification. Containers must be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

(4)

Location. Recycling collection facilities shall not be located in Residential Zones. Recycling collection facilities located within 75 feet of a Residential Zone or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

(5)

Parking. No additional parking spaces are required for customers of a small collection facility located at the established parking lot of a host use. One space must be provided for the attendant. 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.

(6)

Setback. Facilities must not be located within a required setback.

(7)

Signs. The maximum sign area is limited to 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

(8)

Site Maintenance. Recycling facility sites must be maintained clean, sanitary, and free of litter and any other undesirable materials.

(9)

Size. Recycling collection facilities must not exceed a building site footprint of 350 square feet.

(10)

Use. Collection Facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with approval of the local Fire Chief and in accord with all federal, State, and County regulations.

(c)

Recycling Processing Facility.

(1)

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

(2)

Landscaping. Landscaping and irrigation plans shall be approved by the Zoning Administrator.

(3)

Location. Facilities must be at least 100 feet from a Residential Zone. If the facility is located within 500 feet of a Residential Zone, it shall operate only between 9:00 a.m. and 7:00 p.m.

(4)

Maintenance. The site shall be maintained free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis and will be secured from unauthorized entry a with state and local regulations.

(5)

Nuisance. No dust, fumes, smoke, vibration, or odor above ambient level shall be generated that adversely affects the health, peace, or safety of people residing or working on the premises or in the vicinity.

(6)

Operations. The facility must be administered by on-site personnel during the hours the facility is open.

(7)

Outdoor Storage. Exterior storage of material must conform to applicable requirements.

(8)

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

(9)

Site Design. Space shall be provided on 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 Planning Commission determines that allowing overflow traffic will not adversely affect surrounding businesses and public safety.

(10)

Screening. The facility must be screened from public rights-of-way. Power-driven processing shall be permitted, provided all noise level requirements are met.

(11)

Use. Used motor oil may be accepted with approval of the local Fire Chief.

(d)

Composting and Waste Disposal Facilities.

(1)

Covering or Wetting to Prevent Dust. The owner, proprietor, or caretaker of any composting facility or solid waste landfill must use a tarp to cover the facility or wet it down with water or chemical stabilizers at intervals sufficiently frequent to prevent dust.

(2)

Maintenance—Pest Infestation Prohibited. Waste disposal facilities must be maintained in such a manner that vermin and pest infestation cannot take place.

(e)

Conversion Technology Facilities and Transformation (Waste-to-Energy) Facilities.

(1)

Adjacency. Conversion technology facilities and transformation (waste-to-energy) facilities must be located next to existing solid waste facilities unless an applicant can demonstrate that a location adjacent to existing solid waste facilities is not feasible.

(2)

Location. Facilities must not be located within 250 feet of a Residential Zone.

(3)

Permits Required. The permittee shall submit evidence of the following permits and approvals or proof of an exemption:

(A)

A Spill Prevention, Control and Countermeasure Plan approved by the U.S. Environmental Protection Agency;

(B)

Permits to construct and to operate from the San Joaquin Valley Air Quality Management District (Valley Air), or documentation that the facility is exempt from Valley Air's permitting requirements;

(C)

An industrial discharge permit from the County, or documentation that the facility is exempt from the County's wastewater permitting requirement;

(D)

A permit from the State or local Fire Chief for the storage and use of combustible liquids;

(E)

Permits for all storage tanks (above ground and underground) from the State or local Fire Chief;

(F)

A solid waste permit from the Environmental Health Department, if applicable;

(G)

A Hazardous Materials Safety Permit from the U.S. Department of Transportation or California Department of Transportation if the permittee will be transporting hazardous materials over State highways; and

(H)

A seller's permit from the California Board of Equalization.

(4)

Standards.

(A)

The permittee shall follow the most up-to-date version of Biodiesel Handling and Use Guide prepared by the U.S. Department of Energy National Renewable Energy Laboratory.

(B)

The permittee shall comply with the California Regional Water Quality Control Boards' C.3 Stormwater Control Management requirements.

All Residential Care Facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The requirements of this Section apply to all Residential Care Facilities serving seven or more persons in any zone where such facilities are allowed, including the following facilities as defined in the California Health and Safety Code, as it may be amended, and Chapter 9-901, Use Type Classifications:

(1)

A Residential Care Facility, as defined at Health and Safety Code Section 1568.01, as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.

(2)

A Residential Care Facility for the elderly, as defined at Health and Safety Code Section 1569.2, as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.

(3)

An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, to provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

(4)

A hospice facility as defined at Health and Safety Code Section 1339.40, to provide care for persons experience the last phases of life due to a terminal disease.

(5)

Exempt Facilities. Residential Care Facilities for six or fewer residents shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the zone in which they are located.

(b)

Common Open Space. At least 20 square feet of common open space must be provided for each person who resides in the facility.

(c)

Landscaping. Landscaping shall be provided in compliance with the requirements of Chapter 9-402, Landscaping.

(d)

Location. Minimum distance from any other Residential Care Facility: 300 feet as specified by State Health and Safety Code Section 1267.9 (b).

(e)

Parking. Parking shall be provided in compliance with the requirements of Chapter 9-406, Parking and Loading.

Non-exempt Schools, meaning private and charter schools, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Uses. Accessory uses customarily found in conjunction with Schools, including dormitories, gymnasiums, stadiums, performing arts facilities, and auditoriums, are permitted with an Administrative Use Permit or a Conditional Use Permit, as required for the principal use, provided such accessory uses are located on the same lot or a contiguous lot adjoining the school.

(b)

Locational Standards.

(1)

When Near a Railroad Track Easement. If the proposed site is within 1,500 feet of a railroad track easement, a safety study must be submitted with the use permit application, prepared by a Californialicensed traffic engineer trained in assessing the frequency, speed, and schedule of railroad traffic and pedestrian and vehicle safeguards at railroad crossings. In addition to the safety analysis, reasonable and feasible mitigation measures to address existing or potential safety issues must be identified, which shall be incorporated into conditions of approval, as appropriate.

(2)

When Near an Above-Ground Fuel Storage Table or Pipeline. If the proposed site is within 1,500 feet of an above-ground fuel storage tank or high-pressure oil or gas pipeline, or within 2,000 feet of a hazardous waste disposal site, a hazards risk assessment must be submitted with the use permit application, and recommendations of that assessment shall be incorporated into conditions of approval, as appropriate.

(3)

When Submission of Studies Can be Waived. The Zoning Administrator may waive submission of the studies required above if a safety or hazards risk assessment has been previously prepared for the site and submitted to the County or another permitting agency and the applicant agrees to the recommendations and mitigation measures of such an assessment.

(c)

Parking Required. As prescribed by Chapter 9-406, Parking and Loading.

(d)

Permit Required.

(1)

Schools in an Existing Building and Small Additions. An Administrative Use Permit is required if a new School will be located in an existing building, and any new space added to the building will not exceed 20 percent of existing floor area, excluding space in portable classrooms.

(2)

New Schools and Large Additions. A Conditional Use Permit is required for all new construction of Schools and for additions to existing building that exceed 20 percent of existing floor area.

(3)

Findings Required. To grant the Use Permit, the Zoning Administrator or the Planning Commission, as the case may be, must determine, based on the information presented by the applicant and the standards of this Section, that the School location is appropriate for the use, and that adjacent uses will not be adversely affected; that adequate access, student drop-off areas and required off-street parking is provided; and that outdoor play areas are appropriately-sized, furnished with facilities and equipment, safe, and secure.

(e)

School-Specific Site Plan Required. The applicant shall provide a school-specific site plan with the Use Permit application that includes all of the following information:

(1)

The proposed enrollment and student capacity;

(2)

The number and size of all classrooms;

(3)

The size and location of all indoor and outdoor areas for physical education;

(4)

The pedestrian and traffic circulation systems proposed for the site, including student drop-off areas;

(5)

The proposed parking, both on-site and off-site; and

(6)

A development phasing schedule if the School will be developed in phases.

(f)

Site Standards.

(1)

Access. The site shall be easily accessible from arterial or collector streets and shall allow minimum peripheral visibility from planned driveways and drop-off areas.

(2)

Drop-off Areas. Parent drop-off areas, bus loading areas if provided, and on-site parking shall be separated from walkways to allow students to enter and exit the school grounds safely.

(3)

Play Areas. Adequate outdoor or indoor play areas shall be provided to meet the needs for the planned enrollment. The minimum standard is 50 square feet of active play area per student. The Zoning Administrator or the Planning Commission, whichever has permit approval authority, may reduce this requirement upon finding that: (1) public parks are within one-quarter mile of the school and a joint-use agreement with the County has been executed; or (2) the scheduling of physical education (e.g., staggered recess times) permits more efficient use of on-site facilities with less active play area. All outdoor play facilities that border a street or parking area shall be enclosed by a minimum six-foot high fence or wall.

(4)

Delivery and Service Areas. Delivery and service areas shall be located to provide vehicular access that does not jeopardize the safety of students and staff. Delivery/utility vehicles must have direct access from the street to the delivery area without crossing over playground or field areas or interfering with bus or parent loading unless a fence or other barrier protects students from large vehicle traffic on playgrounds.

Service Stations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Site Design.

(1)

Access. There must be no more than two vehicular access points to/from a single public street. However, fleet fuel stations in Industrial Zones may provide additional access points.

(2)

Air and Water Stations. Air and water stations must be identified on plans and cannot be located within required setback areas.

(3)

Illumination. Any area lighting, including illuminated signs, shall be installed in such a manner so as not to distract passing traffic, or to produce any glare or excessive illumination on adjacent lots.

(4)

Landscape Plan. A landscape plan shall be submitted at the time of application. In addition to the specific standards established below, landscape plans shall comply with the provisions of Chapter 9-402, Landscaping.

(A)

At least a five-foot planting strip located inside of and parallel to the street frontage or frontages (except for necessary driveways) and in other locations as may be designated by the Zoning Administrator.

(B)

The location and type of watering system which meets the approval of the Zoning Administrator shall service all landscaped areas.

(C)

The landscape plan shall specify the size, number, location and type (genus, species or variety) of plant materials to be planted.

(5)

Maintenance. The applicant shall submit a written statement to the effect that landscaping, watering systems and fencing shall be maintained to standards acceptable to the Zoning Administrator.

(6)

Pump Islands. Pump islands must be located a minimum of 15 feet from any lot line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

(7)

Tanks and Utility Boxes. Propane tanks, vapor-recovery systems, air compressors, utility boxes, garbage, recycling containers/enclosures, and other similar mechanical equipment must be screened from public view.

(8)

Trash Storage. An outdoor refuse or storage area shall be provided on the site and shall be enclosed by a six-foot-high solid wall that complement the design and appearance of other fences and walls on the site.

No used or discarded automotive parts of equipment or permanently disabled, junked, wrecked, or damaged vehicles shall be located outside the buildings, except within this enclosed refuse or storage area.

Single Room Occupancy (SRO) Housing, also called residential hotels, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Bathrooms. An SRO living unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink, and bathtub or shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided that meet the standards of the Building Code for congregate residences with at least one full bathroom per floor.

(b)

Closet. Each unit must have a separate closet.

(c)

Common Area. Four square feet per SRO living unit of common area must be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet of common area must be on the ground floor near the entry to the SRO Housing to serve as a central focus for tenant social interaction and meetings.

(d)

Cooking Facilities. Cooking facilities must be provided either in individual SRO units or in a community kitchen. Where cooking is in individual units, each unit must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or a properly engineered cook top unit pursuant to Building Code requirements; at minimum a small refrigerator; and cabinets for storage.

(e)

Entrances. All units in SRO Housing must be independently accessible from a single main entry, excluding emergency and other service support exits.

(f)

Facility Management. An SRO facility with 10 or more units must provide full-time on-site management. A facility with fewer than 10 units must provide a management office on-site.

(g)

Management Plan. A management plan must be submitted with the Conditional Use Permit application for an SRO Housing project for review and approval by the Planning Commission. At minimum, the management plan must include the following:

(1)

Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

(2)

Management Policies. Management policies, including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;

(3)

Rental Procedures. Rental procedures, including any tenancy requirement (e.g., a weekly or monthly basis); and

(4)

Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

(h)

Maximum Number of Units. If an SRO Housing project contains a common kitchen that serves all residents, the maximum allowable number of individual units shall be 20 percent above the maximum number otherwise allowed by the base density applicable to residential development in the zone where the SRO Housing project is located.

(i)

Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.

(j)

Minimum Width, Minimum Size, and Maximum Size. An SRO unit comprised of one room, not including a bathroom, must not be less than 12 feet in width and include at least 180 square feet of habitable space. The maximum size is 350 square feet of habitable space per unit.

Solar Energy Systems must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Small-scale Solar Energy Systems.

(1)

Exemptions—Allowed by Right. Small residential rooftop energy systems, as defined and regulated by Government Code Section 65850.5, and other small energy systems less than 2.5 acres in size are allowed

as accessory uses by right; only a building permit is required. See Section 9-400.100,

(2)

Permit Requirements. Non-exempt Small-scale Solar Energy Systems require a Zoning Compliance Review. An Administrative Use Permit is required to convert a Small-scale Solar Energy System to a Utility-scale Solar Energy System.

(3)

Maximum Height. The combined height of a structure and structure-mounted Small-Scale Solar Energy System shall not exceed the height limit of the zone by more than five feet, and the height of a groundmounted solar array shall not exceed 15 feet.

(4)

Maximum Lot Coverage. The maximum lot coverage for solar arrays and any accessory structures shall be 25 percent of the lot or parcel of land or 2.5 acres, whichever is lesser.

(5)

Farmland Protection. In Agricultural Zones, an accessory renewable energy system shall be sited to minimize any loss of Prime Agricultural Land. If the system is located on a site under a California Land Conservation Act (Williamson Act) contract, the system must serve an agricultural or compatible use, which may include a Single Unit Dwelling and an Accessory Dwelling Unit.

(b)

Utility-scale Solar Energy Systems.

(1)

Construction Measures to Minimize Air Quality Impacts. During site preparation, grading and construction, the operator of the Utility-Scale Solar Energy System must implement best management practices-to minimize dust and wind erosion, including, regularly watering roads and construction staging areas as necessary. Paved roads shall be swept as needed to remove any soil that has been carried onto them from the project site.

(2)

Decommissioning Plan and Guarantees. Prior to issuance of a Grading Permit or Building Permit, a Decommissioning Plan and proposed financial guarantees shall be submitted to the Director of Public Works for approval, and the Director's approval is required as a condition of issuance of a Grading or Building Permit.

(3)

Erosion and Sediment Control. The operator of the system must have a storm-water management permitand an erosion and sediment control plan approved by the Director of Public Works prior to beginning grading or construction. The plan must include best management practices for erosion control during and

after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to minimize sediment run-off into waterways.

(4)

Environmental Protection. The Utility-Scale Solar Energy Systems shall be sited to avoid or minimize impacts to habitat of special status species, critical habitat areas, and resource conservation areas identified in the General Plan. No net loss of riparian or wetland habitat shall be allowed.

(5)

Farmland Protection. In Agricultural Zones, Utility-Scale Solar Energy Systems shall be sited to minimize any loss of Prime Agricultural Land. If the system is located on a site under a California Land Conservation Act (Williamson Act) contract, the system must be listed as an agricultural or compatible use and allowed by the type of contract. The total site area for a Utility-Scale Solar Energy Systems and other compatible uses shall not be greater than 15 percent of the parcel or 5 acres, whichever is less, unless the Review Authority approves a larger site area upon finding that such a such site will not adversely affect agricultural production on the parcel where the facility is to be located.

(6)

Fencing. Fencing shall be required around the perimeter of a ground-mounted Utility-Scale Solar Energy System. The fencing may be located within a required setback area, provided it is setback at least 15 feet from a front or street side lot line.

(7)

Fire Protection. The operator of the system must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include but is not limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management, and fire break maintenance around all structures.

(8)

Glare. All Utility-Scale Solar Energy Systems shall be designed and located in such a way to minimize reflective glare toward any habitable structure on adjacent properties as well as adjacent street rights-ofway.

(9)

Grading and Access. Utility-Scale Solar Energy Systems shall be sited to maintain natural grades and shall use existing roads for access to the extent feasible. Grading and/or construction of new permanent roads shall be allowed only where necessary for maintenance and emergency access.

(10)

Landscape Buffer. A 10-foot-wide landscape buffer shall be maintained along any facility fencing and between such fencing and the public right-of-way and adjacent residential and agricultural uses.

(11)

Maximum Height. The combined height of a structure and structure-mounted Utility-Scale Solar Energy System shall not exceed the height limit of the zone where it is located by more than five feet, and the height of a ground-mounted solar array shall not exceed 25 feet.

(12)

Property Line Setbacks. The required setbacks from lot lines for ground-mounted systems shall be 30 feet in Agricultural zones and as established by the base zone for all non-agricultural zones.

(13)

Rooftop Setbacks. The required setbacks from the perimeter of a roof for structure-mounted systems shall be three feet on residential buildings and four feet on non-residential or mixed us buildings.

(14)

Siting and Design. The siting and design of the proposed facility will be either:

(A)

Unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from urban and rural communities, rural residential uses, and major roadways and highways; or

(B)

Located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, that it will not further detract from the natural features, open space and visual qualities of the area as viewed from urban and rural communities, rural residential uses, and major roadways and highways

(15)

Transmission Lines. On-site and off-site transmission lines shall be placed underground except where above-ground crossings are otherwise required, such as for a waterway. An encroachment permit shall be required for transmission lines within the public right-of-way.

(c)

Notices.

(1)

At least one notice shall be posted with the following information:

(A)

Maximum power output (kw), rated voltage (volts) and current;

(B)

Normal and emergency shutdown procedures; and

(C)

Emergency telephone numbers.

(2)

No advertising sign or logo can be placed or painted on any Solar Energy System or tower except for manufacturers' decals.

(Ord. No. 4623, § 26, 5-2-2023)

9-409.440 - SPECIAL EVENTS AND SALES.

(a)

Permit Requirements. Special Events and Sales require a Temporary Use Permit subject to Section 9- 804.080, and can include any organized activity, formation, party, or assembly involving private property not exceeding 4 events for a maximum of 3 successive days or seasonal sales activities not to exceed 60 calendar days that meets or is likely to meet any one or more of the following criteria:

(1)

Exceed 75 people;

(2)

Charge for the right to enter or use the property, to participate, or for food or alcohol;

(3)

Obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic on any public or private right-of-way or sidewalk;

(4)

Include more than a single day event or a single day event extending beyond the hours of 7:00 AM to 10:00 PM;

(5)

Publicize through the internet, print, radio, or television;

(6)

Take place at a single, identified location.

(7)

Each property may have no more than 4 events per year.

(8)

Activities may include but are not limited to, weddings, parties, musical events, fundraisers, dinners, dances, outdoor markets, athletic/sporting events, etc.

Events meeting the above criteria that occur without the proper permits may preclude the property owner from applying for future Temporary Use Permits for the same year in which the unpermitted event or events occur.

(b)

Permit exemptions. All events in the County are prohibited unless the proper permits have been issued by the County, or the event is exempt from this Chapter. The following activities are exempt:

(1)

Funeral processions;

(2)

Events held at a private facility approved for the purpose of conducting the type of events proposed;

(3)

Governmental agencies acting within the scope of their authorized function;

(4)

Religious activities in a locations approved for such activities;

(5)

Events held within County parks or community facilities that comply with park regulations;

(6)

Non-commercial events at private residences below the thresholds for section 9-409.430(a).

(c)

Permit Restrictions. A Temporary Use Permit for Special Events and Sales may not be approved for tenants of a Short-Term Rental. Only the property owner may apply for Special Events and Sales at a site that is approved as a Short-Term Rental.

(d)

Application requirements. In addition to the requirements contained in Chapter 9-802, Common Procedures and Section 9-804.080 Temporary Use Permits, the application for a Special Event and Sales permit shall include:

(1)

Contact information for the event sponsor, and an authorized representative of the organization that will be present at the event;

(2)

Written proof of consent by the owners of the property where the event is to be held;

(3)

Event details, including:

(A)

A description and list of all potential activities;

(B)

The estimated number of participants/ attendees;

(C)

The estimated type and number of vehicles;

(D)

The type and use of all permanent and temporary structures to be used for the event

(E)

A general list of food and beverages to be sold or consumed at the event;

(F)

Plans for the following, as applicable:

(i)

Event staffing;

(ii)

Amplified sound;

(iii)

Sanitation facilities;

(iv)

Emergency/first aid;

(v)

Clean-up after the event;

(vi)

Traffic control

(G)

A Nuisance Response Plan shall be submitted with the application and provided on-site during the event, and for the 24 hours prior to and after the event. The Nuisance Plan shall provide a method of contacting the applicant or an alternative person that is at the event for businesses and/or residents that will likely be significantly impacted by noise, amplified sound, traffic, odor, dust, or light from the event.

(e)

Applicant responsibilities. Applicants for an approved event shall:

(1)

Maintain a working decibel reader on-site in plain sight during all event activities.

(2)

Provide adequate parking for the maximum number of attendees/participants on-site or on adjacent private property with an agreement acknowledging the property owner's consent.

(3)

Comply with all terms and conditions of the approved application/permit. Exceeding the scope of the approved activities may result in a revocation of the permit and/or closure of the event.

(4)

Ensure that the approved application/permit or a legible copy is immediately available upon demand during the entirety of the event.

(5)

Ensure that the area used for the permitted event is promptly cleaned to the same condition as existed prior to the event.

(6)

Comply with all applicable local, state, and federal laws, rules and regulations, including, but not limited to, this Title and Section, the California Fire Code and all applicable State Fire Marshall requirements.

This Section establishes standards for Temporary Uses, such as seasonal sales, special events, and construction-related activities, that are intended to be of limited duration of time and will not permanently alter the character or physical features of the site where they occur.

(a)

Exempt Temporary Uses. The following minor and limited duration Temporary Uses are exempt from the requirement for a Temporary Use Permit. Other permits, such as Building Permits, may be required if a structure is constructed.

(1)

Car Washes—Privately Operated. Car washes conducted by a qualifying sponsoring organization on nonresidential properties are allowed. Temporary car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 12 hours.

(2)

Emergency Facilities. Emergency public health and safety needs/land use activities.

(3)

Garage/Yard Sales. Garage/yard sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards. A nonprofit organization or association of persons also may conduct a garage/yard sale at the residence of one or more of its members pursuant to all of the requirements of this section.

(A)

No more than two garage/yard sales shall be conducted on a site per quarter, for a maximum of three consecutive days each.

(B)

Garage/yard sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

(C)

Signs may be displayed 24 hours before and during the hours the garage/yard sale is actively being conducted and shall be removed at the completion of the sale.

(D)

The conduct of general retail sales or commercial activities in Residential Zones, except as is otherwise expressly authorized under this Title, is prohibited.

(b)

Temporary Use Permits—When Required. The following uses may be permitted pursuant to Chapter 9-804, Use Permits, subject to the following standards.

(1)

On-site and Off-site Construction Yards. On-site and off-site contractors' construction yards, including temporary trailers and storage of equipment and temporary batch plans, may be permitted in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction, whichever occurs first.

(2)

Real Estate Sales. On-site real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of residential, commercial, or industrial development.

(3)

Seasonal Sales. The annual sales of holiday related items, such as Christmas trees, pumpkins and similar items, may be permitted in accordance with the following standards:

(A)

Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31[st ] .

(B)

Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

(4)

Special Events and Sales. Short term indoor and outdoor special events, outdoor sales, and displays that do not exceed three consecutive days, may be permitted in accordance with the standards found in Section 9-409.430.

(5)

Temporary Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—may be permitted in accordance with the following standards:

(A)

Temporary outdoor sales shall be part of an existing business on the same site.

(B)

Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

(C)

Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(6)

Temporary Structure. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum of two years as an accessory use or as the first phase of a development project, in a Non-Residential Zone. A one-year extension may be granted.

(7)

Temporary Work Trailer.

(A)

A trailer may be used as a temporary work site for employees of a business and for farmworkers:

(i)

During construction of a subdivision or other development project when a valid Building Permit is in force; or

(ii)

During a specific time when additional farmworkers are needed for crop production, such as clearing fields and planting or harvesting; or

(iii)

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

(B)

A permit for temporary work trailers may be granted for up to 12 months.

(8)

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zone and surrounding land uses and are necessary because of unusual or unique circumstances beyond the control of the applicant.

(Ord. No. 4671, § 29, 5-13-2025)

Veterans supportive housing must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Permits Required.

(1)

A Zoning Compliance Review shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or less than 49.

(2)

An Administrative Use Permit shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or greater than 50.

(b)

Allowable Locations. The site of the proposed housing must be:

(1)

Within one-half mile of a State or Federal Interstate on parcels with primary frontage on a Minor Arterial or higher classification roadway; and

(2)

Within one-quarter mile of a County-owned hospital.

(c)

Development Standards.

(1)

The proposed housing shall comply with multi-unit residential project landscaping requirements contained in Chapter 9-402, Landscaping, and parking landscaping requirements contained in Chapter 9-406, Parking and Loading.

(2)

Signs shall comply with the regulations for multi-family residential projects contained in Chapter 9-408, Signs.

(3)

Veterans supportive housing shall be served by public water, sewer, and storm drainage.

(4)

If during construction, including any grading activity associated with the construction, subsurface cultural resources are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified cultural resources specialist consulted for an on-site evaluation.

(d)

Artifacts Discovered. If artifacts or evidence of materials, such as bone, shell, or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail an archaeological test excavation and/or mitigative data recovery.

Wind Energy Systems must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. This Section applies to Wind Energy Systems that are used for electrical energy generation only, including Small-scale Wind Energy Systems and Utility-scale Wind Energy Systems.

(b)

Permit Requirements.

(1)

Utility-Scale Wind Energy Systems are permitted in zones where they are an allowable use, subject to a Conditional Use Permit.

(2)

Small-Scale Wind Energy Systems are permitted in zones where they are an allowable use, subject to an Administrative Use Permit and the following limitations

(A)

No more than three tower-mounted small wind turbines with a cumulate rated capacity of 50 kW are allowed as accessory uses on a lot; and

(B)

Small-Scale Wind Energy Systems must be designed to generate energy to be used or stored primarily for on-site use.

(C)

Up to two additional small wind turbines may be allowed if they are mounted on an existing permitted structure, provided the cumulative capacity of all wind turbines on the site does not exceed 50 kW.

(c)

Development Standards. The development standards in Table 9-409.450 apply to all Wind Energy Systems, including those that only require an Administrative Use Permit.

TABLE 9-409.450: WIND ENERGY SYSTEM DEVELOPMENT STANDARDS

1. The height from base grade to the top of the system, including the uppermost extension of any horizontal axis blades.

2. Up to 85 feet is allowed on parcels over two acres in size.

3. Or as established by the Conditional Use Permit and any applicable FAA regulations.

(d)

Additional Standards.

(1)

Color. Structural components, including, without limitation, towers, blades, and fencing must be of a nonreflective, unobtrusive color. Off-white, white, light silver, tan, gray, and sand are permitted colors

(2)

Environmental Protection. Wind Energy Systems shall be sited to avoid or minimize impacts to habitat of special status species, critical habitat areas, and resource conservation areas identified in the General Plan. No net loss of riparian or wetland habitat shall be allowed.

(3)

Exterior Lighting. Exterior lighting on any structure associated with a Wind Energy System is prohibited, except for where specifically required by the Federal Aviation Administration.

(4)

Guy Wires. The use of guy wires is prohibited; wind turbine towers shall be self-supporting.

(5)

Minimum Blade Height - Horizontal Axis. To prevent harmful wind turbulence from existing structures, the lowest extension of any horizontal axis blade must be at least 30 feet above the highest structure or tree within a 250-foot radius. Modification of this standard may be allowed when the applicant demonstrates that a lower height will not jeopardize the safety of the system.

(6)

Prohibited Locations. No part of a Wind Energy System shall be located within or over drainage, utility, or other established easements, on or over property lines, or within 300 feet of a Public Park or Wildlife Preserve.

(7)

Separation Distance—Vertical Axis. Vertical axis systems must be placed at a distance of at least 10 rotor diameters from any structure or tree. A modification may be granted by the Zoning Administrator or Planning Commission for good cause shown, however, in no case can the turbine be located closer than three blade diameters to any occupied structure.

(8)

Tower Access. Towers must either:

(A)

Have tower-climbing apparatus located no closer than 12 feet from the ground;

(B)

Have a locked anti-climb device installed on the tower;

(C)

Be completely enclosed by a locked, protective fence at least six feet high; or

(D)

Have a tower-access limitation program approved by the review authority.

(9)

Tower Base. The area within 10 feet of the tower base shall be kept clear and covered with gravel, mulch, or similar material to prevent growth of vegetation.

(e)

Minimum Performance Standards.

(1)

Electromagnetic Interference. The Wind Energy System must be designed, installed, and operated so that no disrupting electromagnetic interference is caused. If disruptive interference from the facility is identified, it must be promptly rectified.

(2)

Maintenance. Maintenance and inspection records shall be maintained on the site and shall be made available for inspection by the building official on request.

(3)

Noise. All Wind Energy Systems are subject to the noise standards of Chapter 9-405, Performance Standards. In addition, noise shall not exceed 60 dBA for any single event as measured at the closest neighboring residential use, except during short-term events, such as utility outages and severe windstorms.

(A)

The Zoning Administrator may request noise studies including modelling to demonstrate that the maximum exterior noise levels around Single-Unit Dwellings within one mile of the site of a Utility-Scale Wind Energy System will not exceed 45 dBA during the night and 50 dBA during the day.

(B)

For small-scale Wind Energy System, the maximum permissible noise level is 55 dBA at a lot line abutting a Residential Zone boundary and 60 dBA at another other e lot line.

(C)

A post-construction noise monitoring study shall be conducted six months after the facility becomes operational and submitted to the Zoning Administrator for approval. If the facility is found to be noncompliant with these noise standards and the standards in Chapter 9-404, Noise, it must be rectified to meet the standards or shut down immediately.

(4)

Rotor Safety. Each Wind Energy System must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor.

(f)

Decommissioning Plan and Guarantees. Prior to issuance of a grading permit or building permit for utilityscale systems, a decommissioning plan and proposed financial guarantees shall be submitted to the Director of Public Works for approval, and the Director's approval is required as a condition of issuance of a grading or building permit.

(g)

Notices.

(1)

At least one notice shall be posted with the following information:

(A)

Maximum power output (kw), rated voltage (volts) and current;

(B)

Normal and emergency shutdown procedures;

(C)

The maximum wind speed of the wind turbine in automatic, unattended operation can sustain without damage to structural components or loss of the ability to function normally; and

(D)

Emergency telephone numbers.

(2)

No advertising sign or logo can be placed or painted on any Wind Energy System, except for manufacturers' decals.

(h)

Utility Notification and Undergrounding. For interconnected systems, no wind turbine can be installed until evidence has been given to the Zoning Administrator that the electric utility service provider has been notified and has indicated that the proposed interconnection is acceptable. On-site electrical wires associated with the system must be installed underground, except for "tie-ins" to the electric utility service provider and its transmission poles, towers, and lines.

(i)

Wind Energy Systems for Common Use. Contiguous property owners may construct a Wind Energy System for use in common. In such cases, the Planning Commission may permit a Wind Energy System machine to have a diameter blade configuration greater than 23 feet.

Chapter 9-410 - Wineries and Related Facilities

The purpose of this Chapter is to establish regulations that will acknowledge the distinctive pairing of wine grape growing, wine making, and tourism in the County and provide for agricultural tourism and marketing activities while also ensuring that agricultural resources remain vital. These regulations are intended to ensure that winery and wine cellar marketing events focusing on wine are accessory and subordinate to the primary agricultural use. Because it is of great importance to protect the long-term quality and uniqueness of grapes grown in the County, wine tasting rooms shall only showcase wines that are produced with grapes that are grown in the County. These regulations are designed to help the wine industry thrive by allowing a variety of events and a variety of facility sizes, while simultaneously restricting on-going uses that would be incompatible with the ambiance of an agricultural area dedicated to the production of wine.

The provisions of this Chapter apply whenever:

(a)

A new winery building, wine cellar, or accessory structure is constructed;

(b)

An existing building, including a legal nonconforming structure is enlarged for use as a winery, wine cellar or related accessory uses; or

(c)

The use of the site or the use of the building is changed to a winery, wine cellar of accessory use related to a winery or wine cellar.

For purposes of this chapter, a winery includes facilities for: crushing, fermenting, bottling, blending, and aging and may include facilities for shipping, receiving, tasting room(s), laboratory equipment, maintenance facilities, conference room space, sales, and administrative offices.

All wineries and off-site wine cellars shall obtain business license and use permits as required by the 200 Series, Base Zones, for the zone in which the winery or off-site wine cellar is located. Wineries also shall comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department, as well as federal and State regulations.

Large Wineries shall be subject to the following use regulations and development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities that are permitted in connection with a Conditional Use Permit for a Large Winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery waste process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Electrical substations for the transformation of utility-supplied transmission or distribution voltage to secondary voltage for on-site use;

(13)

Disposal of grape byproduct solely produced by the permitted winery.

(14)

On-site wastewater treatment systems;

(15)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(16)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(17)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures permitted with a Conditional Use Permit for a Large Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Large Winery premises if permitted on the ABC Winegrowers License, but the maximum cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building, shall not exceed 30 percent of the area designated for production facilities. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the onsite winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackaged foods, non-alcoholic beverages, crafts, and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees.

(c)

Production Capacity. A Large Winery shall have a minimum production capacity of more than 555.1 tons of grapes or approximately 100,000 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine, and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Large Winery shall be located on a site that is at least 10 acres in size in an Agricultural Zone. Large wineries located on parcels in Non-Agricultural Zones and large wineries established in Agricultural Zones prior to September 22, 2016 are not subject to this minimum site size requirement. Smaller category wineries and off-site wine cellars established prior to September 22, 2016 may be exempt from the minimum site size and may propose to expand to a large winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Large Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016 that expand to a Large Winery with a Conditional Use Permit are exempt from these setback requirements, provided all new construction or use of existing buildings, permanent parking areas, and outdoor eating/entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed Large Winery shall be set back a minimum of 200 feet from any highway, public road or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum driveway width for traffic circulation required by this Chapter is provided.

(2)

For Large Wineries located adjacent to a lot with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed Large Winery shall be set back a minimum of 300 feet from the lot line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the lot line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For Large Wineries located in Agricultural Zones adjacent to a lot without a conforming residence, the required minimum setbacks shall be determined by the zone in which the winery is located.

(4)

For Large Wineries located in Non-Agricultural Zones, the required minimum setbacks shall be determined by the zone in which the winery is located.

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for Large Wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces for large wineries shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for Large Wineries subject to regulations contained in Chapter 9-404, Noise.

Medium Wineries shall be subject to the following development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities in connection with a use permit for a Medium Winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Electrical substations for the transformation of utility-supplied transmission or distribution voltage to secondary voltage for on-site use;

(13)

Disposal of grape byproduct solely produced by the permitted winery.

(14)

On-site wastewater treatment systems;

(15)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(16)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(17)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures in connection with a use permit for a Medium Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Medium Winery premises if permitted by the ABC Winegrowers License, but the maximum cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building, shall not exceed 30 percent of the area designated for production facilities. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the on-site winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackaged foods, non-alcoholic beverages, crafts, and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees

(c)

Production Capacity. A Medium Winery shall have a minimum production capacity of 201 tons of grapes or approximately 36,000 gallons of wine and a maximum production capacity of 555 tons of grapes or approximately 99,999 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Medium Winery shall be located on a site with a minimum size of 10 gross acres in the Agricultural Zone. Medium Wineries located on sites in non-agricultural zones and Medium Wineries established in Agricultural Zones prior to September 22, 2016, are not subject to this minimum site size requirement. Smaller category wineries and off-site wine cellars established prior to September 22, 2016, may be exempt from the minimum site size when they propose to expand to a medium winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Medium Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016, that expand to a medium winery with a Conditional Use Permit are exempt from these setback requirements provided all new construction or use of existing buildings, permanent parking areas and outdoor eating/ entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed medium winery shall be set back a minimum of 200 feet from any highway, public or private road, measured from the nearest property line to the road. Overflow parking

spaces may be permitted along driveways and circulation routes provided the minimum drive width required for traffic circulation is provided.

(2)

For Medium Wineries located adjacent to a parcel with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed medium winery shall be setback a minimum of 300 feet from the lot line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the lot line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For Medium Wineries located adjacent to a parcel without a conforming residence, the required minimum yard setbacks in Agricultural Zones shall be determined by the zone in which the winery is located.

(4)

The setback requirements for Medium Wineries in Non-Agricultural Zones shall be determined by the zone in which the winery is located and are exempt from the requirements outlined above in Subsections (1), (2), and (3) above.

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for Medium Wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for large wineries subject to regulations contained in Chapter 9-404, Noise.

Small Wineries shall be subject to the following use regulations and development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities in connection with a Use Permit for a small winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving, and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Disposal of grape byproduct solely produced by the permitted winery.

(13)

On-site wastewater treatment systems;

(14)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(15)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(16)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures in connection with a Use Permit for a Small Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Small Winery premises if permitted by the ABC Winegrowers License, but the maximum size of a standalone cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building at an on-site wine cellar, shall not exceed 30 percent of the area designated for production facilities or 2,000 square feet, whichever is greater. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the onsite winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackage foods, non-alcoholic beverages, crafts and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees.

(c)

Production Capacity. A Small Winery shall have a minimum production capacity of more than 1.1 tons of grapes or approximately 201 gallons of wine and a maximum production capacity of 200 tons of grapes or approximately 36,000 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine, and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Small Winery shall be located on a parcel with a minimum size of five acres in the Agricultural Zone. Small Wineries located on parcels in Non-Agricultural Zones and small wineries established in Agricultural Zones prior to September 22, 2016, are not subject to this minimum site size. Small Wineries established prior to September 22, 2016, also are exempt from the minimum site size when they propose to expand to a higher category of winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Small Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016, that expand to a Small Winery with a Conditional Use Permit are exempted from these setback requirements provided all new construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed winery shall be set back a minimum of 200 feet from any highway, public or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum driveway width required for traffic circulation required is provided.

(2)

For Small Wineries located adjacent to a parcel with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed small winery shall be set back a minimum of 300 feet from the property line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the property line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For small wineries located adjacent to a parcel without a conforming residence, the required minimum yard setbacks for Small Wineries in Agricultural Zones shall be determined by the zone in which the small winery is located.

(4)

The setback requirements for Small Wineries in Non-Agricultural Zones shall be determined by the zone in which the small winery is located and are exempt from the requirements outlined above in Subsections (1), (2,), and (3).

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for large wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces for large wineries shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for large wineries, subject to regulations contained in Chapter 9-404, Noise.

On-site wine cellars shall be regarded as an accessory use that is part of the winery operation and are subject to the development standards that apply to the winery.

Off-site wine cellars shall be regarded as a primary use and are subject to the following development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities in connection with a discretionary land use permit for an off-site wine cellar include the following:

(1)

Aging wine;

(2)

Bottling and labeling of wine;

(3)

Storage of wine in barrels or cases of bottles;

(4)

Wine caves;

(5)

Administrative offices; and

(6)

Shipping, receiving, and distribution of wine.

(b)

Accessory Uses and Structures. Accessory uses and structures permitted in connection with an off-site wine cellar include the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the off-site wine cellar premises. Only wine produced or bottled by the associated winery may be served at the offsite wine cellar tasting room(s).

(A)

Maximum Size of New Structures. The maximum cumulative square footage permitted for a free-standing wine tasting room structure that is separate from the building where the wine is stored and for areas designated for wine tasting within a multipurpose building is 2,000 square feet.

(B)

Maximum Size of Existing Buildings. An existing multipurpose wine cellar building that is larger than 2,000 square feet may be used, provided that a Conditional Use Permit is obtained and no more than 2,000 square feet of building space is used for wine tasting.

(C)

Maximum Size of the Retail Sales Area. The retail sales area within the free-standing wine tasting room or the area designated for wine tasting within a multipurpose building shall not exceed 500 square feet.

(2)

Retail Sales. Retail sales may include prepackaged foods, non-alcoholic beverages, crafts, and merchandise. The sale and display of the off-site wine cellar's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas ancillary to a wine tasting room.

(4)

Display of art and historical items that reflect the history of the wine industry.

(c)

Storage Capacity. An off-site wine cellar shall have a minimum storage capacity of 380 cases of wine or approximately 900 gallons of wine and a maximum storage capacity of 5,000 cases of wine or approximately 11,885 gallons.

(d)

Minimum Site Size. The minimum site size for an off-site wine cellar is five acres in Agricultural Zones. Offsite wine cellars located in Non-Agricultural Zones and off-site wine cellars established in Agricultural Zones prior to September 22, 2016, are not subject to this minimum size requirement.

(e)

Setbacks. The following minimum yard setback requirements shall apply for off-site wine cellars developed in Agricultural Zones. Off-site wine cellars established prior to September 22, 2016, that expand to a higher classification of winery with an approved Use Permit are exempt from the following setback requirements provided all new construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the off-site wine cellar do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the off-site wine cellar shall be set back a minimum of 200 feet from any highway, public road or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum driveway width requirement for traffic circulation is provided.

(2)

For off-site wine cellars located adjacent to a parcel with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, proposed permanent parking areas and outdoor eating/entertaining areas associated with the off-site wine cellar shall be set back a minimum of 300 feet from the property line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is located more than 200 feet from the property line adjacent to the off-site wine cellars parcel, then the setback may be reduced to 100 feet.

(3)

For off-site wine cellars located adjacent to a parcel without a conforming residence, the required minimum yard setbacks for off-site wine cellars in Agricultural Zones shall be determined by the zone in which the off-site wine cellar is located.

(4)

For off-site wine cellars in Non-Agricultural Zones, the setback requirements shall be determined by the zone in which the off-site wine cellar is located and are exempt from the requirements outlined above in Subsections (1), (2), and (3).

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for large wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces for large wineries shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor marketing activities and events. Outdoor amplified sound may be conditionally permitted for off-site wine cellars subject to regulations contained in Chapter 9-404, Noise.

Existing permitted wineries and wine cellars established prior to the adoption of the ordinance codified in this Chapter will continue to be governed by the conditions of approval from their original permit, with the exception of applicable operational standards for events contained in Section 9-410.100, Winery and OffSite Wine Cellar Permitted Events.

Notwithstanding any other provision of this Chapter, all new wineries and off-site wine cellars and existing wineries and off-site wine cellars are subject to the following requirements when requesting to add Marketing Events or to modify an existing Marketing Event approval in order to have Large-scale and/or Small-scale Accessory Winery Events, Wine Release Events, and/or to participate in Industry Wide Events:

(a)

Required Permits. Permits are required as follows:

(1)

For any new winery or off-site wine cellar that proposes Marketing Events or Large-scale Accessory Winery Events, a Conditional Use Permit shall be required.

(2)

For any existing winery or off-site wine cellar that proposes to add Marketing Events or Large-scale Accessory Winery Events, or for any existing winery or off-site wine cellar that proposes to increase the permitted number of Marketing Events, increase the permitted number of attendees at Marketing Events or Large-scale Accessory Winery Events, and/or to permit outdoor amplified sound at Marketing Events, Large-scale Accessory Winery Events, Wine Release Events and/or Industry Events, an existing Use Permit may be modified pursuant to Section 9-804.070, Decisions, Appeals, Expiration, Extensions, Modifications, and Revocations; approved plans may be modified pursuant to Section 9-802.120, Modification of Approved Plans.

(3)

For any existing winery or off-site wine cellar with no previously approved Marketing Events that proposes to add Small-scale Accessory Winery Events or Wine Release Events, an Administrative Use Permit shall be required.

(4)

For any winery or off-site wine cellar that has been previously approved for Marketing Events; attendance at Small-scale Accessory Winery and Wine Release Events shall be limited to the following:

(A)

The maximum number of attendees at Small-scale Accessory Winery Events shall be 80, provided there is adequate on-site parking for attendees.

(B)

The maximum number of attendees at a Large-scale Winery Event and Wine Release Events shall be 300 at any given time, provided there is adequate on-site parking for attendees.

(b)

Product Availability. A sufficient amount of wine shall be produced by the winery or off-site wine cellar and be available prior to commencing Marketing Events, Industry Events, Wine Release Events and Large-scale or Small-scale Accessory Winery Events.

(c)

Marketing Calendar. A Marketing Calendar shall be filed with the Community Development Department and updated as required for any winery or off-site wine cellar with approved Marketing Events, Large-scale or Small-scale Accessory Winery Events, Wine Release Events and/or who will participate in Industry Events and shall comply with the following:

(1)

Marketing Events, Large-scale and Small-scale Accessory Winery Events, Wine Release Events and/or Industry Wide Events shall be reported to the Zoning Administrator in writing a minimum of five days prior to each event.

(2)

A copy of the Marketing Calendar shall be kept on the winery or off-site wine cellar premises at all times. The Marketing Plan shall be made available to the Zoning Administrator for review upon request.

(d)

Maximum Number of Marketing Events. The maximum number of permitted annual Marketing Events is subject to the following based on the Wineries and Off-Site Wine Cellar use classification. Industry Events, Wine Release Events and Large-scale and Small-scale Accessory Winery Events shall not be included in the maximum number of permitted Marketing Events.

(1)

Wine Cellar, Off-Site shall be limited to a maximum of 10 Marketing Events per calendar year;

(2)

Winery, Small shall be limited to a maximum of 12 Marketing Events per calendar year;

(3)

Winery, Medium shall be limited to a maximum of 15 Marketing Events per calendar year;

(4)

Winery, Large shall be limited to a maximum of 20 Marketing Events per calendar year.

(e)

Maximum Attendance. The number of attendees permitted per Marketing Event for Wineries and off-site wine cellars are subject to the following size restrictions with an approved Use Permit:

(1)

Wine Cellar, Off-Site and Winery, Small. Off-site wine cellars and small wineries located on parcels between a minimum of 5.0-9.99 gross acres in size shall have a maximum of 150 attendees. Parcels with a minimum of 10.0 gross acres in size shall have a maximum of 300 attendees.

(2)

Winery, Medium and Large. Medium and large wineries located on parcels with a minimum of 10.0 gross acres in size shall have a maximum of 300 attendees.

(f)

Outdoor Amplified Sound. Outdoor amplified sound may be conditionally permitted with an approved land use permit at Marketing Events, Large-scale Accessory Winery Events, Wine Release Events and Industry Events subject to the following standards:

(1)

For Marketing Events, Wine Release Events and Industry Events, outdoor amplified sound shall be permitted between the hours of 10:00 a.m. and 10:00 p.m.

(2)

For Large-scale Accessory Winery Events, outdoor amplified sound shall be permitted between the hours of 10:00 a.m. and 9:00 p.m., Sunday through Thursday and between the hours of 10:00 a.m. and 10:00 p.m. on Friday and Saturday.

(3)

A Noise Study shall be required prior to permitting outdoor amplified sound to ensure compliance with the Noise Standards specified in Chapter 9-404, Noise.

(4)

Indoor amplified sound may be permitted at approved Marketing Events, Large-scale and Small-scale Accessory Winery Events, Wine Release Events and Industry Events, in compliance with the Noise Standards specified in Chapter 9-404, Noise.

(5)

Outdoor amplified sound shall be prohibited at all small-scale Accessory Winery Events.

(g)

Wine Served. Only wine produced or bottled by the permitted on-site winery or off-site wine cellar shall be permitted at Marketing Events, Wine Release Events, Large-scale or Small-scale Accessory Winery Events and/or Industry Events. Beer may be sold and served in addition to wine at Marketing Events. The sale and serving of beer shall be prohibited at Large-scale and Small-scale Accessory Winery Events, Wine Release Events or Industry Events. Additional outside alcoholic beverages are prohibited. Non-alcoholic beverages may be served at Marketing Events, Wine Release Events, Large-scale Accessory Winery Events, Smallscale Accessory Winery Events and/or Industry Events, and may be sold within the designated retail sales area.

(h)

Parking Requirements. The following parking requirements shall apply to wineries and off-site wine cellars with Marketing Events, Industry Events, Wine Release Events and/or Large-scale and Small-scale Accessory Winery Events.

(1)

A minimum of one parking space shall be provided for every two event attendees. Overflow parking areas utilized for Marketing Events, Small-scale Accessory Winery Events, Wine Release Events and Industry Events parking may be permitted using alternative surfacing materials as allowed by Chapter 9-406, Parking and Loading.

(2)

All wineries and off-site wine cellars shall be required to utilize one or more parking attendants during all permitted events when the facility's permanent parking spaces reach capacity or when the public roadway starts to be impacted.

(i)

Commercial Kitchen. Commercial kitchens shall be permitted as an accessory use to winery and off-site wine cellar use types in conjunction with approved Marketing Events, Industry Events, Wine Release Events, Large-scale Accessory Winery Events, or Small-scale Accessory Winery Events. Commercial kitchens shall not be used for restaurant purposes.

(j)

End of Event. Marketing Events, Industry Events, Wine Release Events and Large-scale Accessory Winery Events and Small-scale Accessory Winery Events shall end by 10:00 p.m.

(k)

Event Signs. In addition to signage criteria specified in Chapter 9-410, Signs, the following shall apply to any signs used by a winery or an off-site wine cellar during Marketing Events, Industry Events, Wine Release Events, Large-scale Accessory Winery Events or Small-scale Accessory Winery Events:

(1)

All signs shall be placed outside County/public rights-of-way; unless approved by the Department of Public Works.

(2)

Signs shall not be placed on existing signs and/or poles, or on utility poles or cabinets located within the County/public rights-of-way; unless approved by the Department of Public Works.

(3)

Signs shall not be placed in such a way that interferes or obscures traffic signs.

(l)

Applicability. Notwithstanding any other provisions of this Title, the following operational standards of this section apply to existing wineries and off-site wine cellars with previously approved Marketing Events, Large-scale Accessory Winery Events and Small-scale Accessory Winery Events, Wine Release Events and/or participation in Industry Wide Events:

(1)

Product Availability;

(2)

Marketing Calendar;

(3)

Outdoor Amplified Sound

(4)

Wine Served;

(5)

Parking;

(6)

Commercial Kitchens;

(7)

End of Event; and

(8)

Event Signs.

(Ord. No. 4683, § 22, 12-9-2025)

Chapter 9-411 - Wireless Telecommunication Facilities

The purpose of this Chapter is to establish reasonable regulations, to the extent permitted under California and federal law, for the installation, operation, collocation, modification, maintenance and removal of wireless communication facilities in a manner that promotes and protects public health, safety and welfare, and balances the benefits that flow from robust and ubiquitous wireless services with the local values and aesthetic character of the County, its neighborhoods, commercial and industrial areas, agricultural lands, historic resources, and other districts. It establishes a streamlined approval process for eligible facilities, consistent with California and federal law.

(a)

Limitations. This Chapter is not intended to, and shall not be interpreted or applied to:

(1)

Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

(2)

Unreasonably discriminate among providers of functionally equivalent personal wireless services;

(3)

Regulate the installation, operation, collocation, modification, maintenance or removal of personal wireless services based on environmental effects from radio frequency emissions to the extent such emissions comply with all applicable Federal Communications Commission (FCC) regulations;

(4)

Create barriers that prohibit or effectively prohibit any telecommunications service provider's ability to provide any interstate or intrastate telecommunications service;

(5)

Prohibit or effectively prohibit any collocation or modification that the County may not deny under applicable California or federal law; or

(6)

Preempt any applicable California or federal laws, regulations or other mandatory rules.

This Chapter applies to all wireless communication facilities that require the granting of commercial licenses from the Federal Communications Commission (FCC) and/or the California Public Utilities Commission as follows:

(a)

Applicable Facilities. This Chapter applies to all applications to install, construct, collocate, modify or otherwise alter wireless communication facilities (WCFs) in the County of San Joaquin.

(b)

Exempted Facilities. This Chapter does not apply to:

(1)

Amateur radio antennas;

(2)

Over-the-air-reception devices (OTARD antennas);

(3)

Wireless antennas and related equipment installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system);

(4)

Antennas and related equipment owned and operated by California Public Utilities Commission (CPUC)regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities covered under CPUC General Order 131-D, as may be amended or superseded; and

(5)

County-owned and operated facilities for public purposes.

(c)

Special Provisions for "Eligibility Facility Requests" under Federal Law (Section 6409 Approvals). Any application submitted with a written request for approval pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)) shall be reviewed and ministerially-approved under the provisions for Type 1 WCF Permits and exempt from the development standards in this Chapter in Section 9-411.050.

The types of permits required for wireless communications facilities are listed below. The Zoning Administrator shall review all permit applications and determine completeness pursuant to Chapter 9-802, Common Procedures.

(a)

Type 1 WCF Permit. A Type 1 WCF Permit is required and shall be granted ministerially by the Zoning Administrator for any application for collocation of new transmission equipment and/or modification of an existing WCF when such collocation or modification will not result in a substantial change in the physical dimensions of a tower or base station. A Type 1 WCF Permit shall be used for small cell wireless communication facilities under the Federal Communications Commission orders and declaratory rulings unless specific circumstances require a Type 2 or Type 3 permit. A Type 1 WCF permit application is reviewed and the approval is granted only in response to an "eligible facilities request" submitted to pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)).

(b)

Type 2 WCF Permit. A Type 2 WCF permit is required and shall be granted ministerially by the Zoning Administrator for a collocation facility to be installed on an existing collocation-eligible facility that was subject a discretionary permit, and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the existing colocation-eligible facility, and the mitigation measures specified in the environmental impact report negative declaration, or mitigated declaration are incorporated in to the proposed project. This collocation facility may involve a substantial change to the

existing facility. A Type 2 WCF Permit is reviewed and approved pursuant to Section 65850.6 of the California Government Code. A Type 2 WCF Permit application may be deemed approved by the Director pursuant to Section 65964.1 of the Government Code if all of the requirements of subsection (a) of that section are met.

(c)

Type 3 WCF Permit. A Type 3 WCF Permit is a discretionary permit, subject to the Planning Commission's review and approval, that is required for any new facilities and major collocations or modifications to existing facilities, including:

(1)

All wireless communications facilities involving the use of County rights-of-way or existing improvements or utilities located on, in, under, of above County rights-of-way that are not eligible for a Type 1 or Type 2 WCF Permit;

(2)

Any wireless facility that requires a limited exception pursuant to Section 9-1065.10; and

(3)

All other wireless facilities that do not meet the criteria for a Type 1 or Type 2 WCF Permit.

(d)

Other Regulatory Permits or Approvals. In addition to any use permit or approval required under this Chapter, the applicant must obtain all other required prior permits and other regulatory approvals from other County departments, and state and federal agencies.

(e)

Time Limits. The time limits for review and approval of WCF permits are set by federal Law; contrary to State law, under federal law they are known as shot clocks and begin on the date the application is filed. Type 1 WCF permits must be approved within 60 days; Type 2 and 3 WCF permits dealing with major colocation must be approved within 90 days, and other WCF permits for new construction must be approved within 150 days. These time limits may be adjusted for any tolling due to the County's requests for additional information or as mutually agreed by the County and the applicant.

(a)

Application Required; Review Process. The County shall not grant any application for any permit under this Chapter except upon a duly filed application consistent with the provisions of Chapter 9-802, Common Procedures, this Section and any written rules or permit requirements the Zoning Administrator may publish. In the event that any conflict arises between the requirements in Chapter 9-802 and this Section, the requirements in this Section shall govern.

(b)

Application Content. The Board of Supervisors authorizes the Zoning Administrator to develop and publish permit application forms, checklists, informational handouts and other related materials for this Chapter. Without further authorization from the Board, the Zoning Administrator may from time-to-time update and alter the permit application forms, checklists, informational handouts and other related materials as the Zoning Administrator deems necessary or appropriate to respond to regulatory, technological or other changes related to this Chapter. The materials required under this section are the minimum requirements for any WCF Permit.

(1)

Application Fee. Applicants must tender to the County the fee required in the County's Fee Schedule maintained by the Community Development Department. In the event that the County's Fee Schedule does not contain a specific fee for wireless permit applications, the highest fee applicable to conditional use permits will be required.

(2)

Owner's Authorization. Applicants must submit evidence sufficient to show that either (1) the applicant owns the project site or (2) the applicant has obtained the owner's authorization to file the application.

(3)

Regulatory Authorization. To the extent that the applicant claims any regulatory authorization or other right to use the public rights-of-way, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.

(4)

Project Plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a Californialicensed engineer must be submitted, showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. For Type 1 WCF Permit applications, the plans only must document with dimensional annotations that no substantial change is proposed.

(5)

Site Photographs and Photo Simulations—Required Only for Type 2 and 3 Permits. Photographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle.

(6)

Radio Frequency (RF) Exposure Compliance Report. An RF exposure compliance report prepared and certified by an RF engineer acceptable to the County must be submitted that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and

exposure limits. The RF report must include the actual frequency and power levels (in watts effective radiated power (ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. The County may retain the services of a communications consultant to review this report; see Section 9- 411.080, Use of Specialists. The applicant shall be responsible for the costs of such services.

(7)

Project Purpose Statement. For Type 1 WCF Permits, the application shall include all the information required for an "eligible facilities request." For Type 2 and Type 3 WCF Permits, a written statement shall be submitted that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of potentially affected users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

(8)

Alternative Sites Analysis—Required Only for Type 2 and 3 Permits. The applicant must list all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards, preferred locations, and preferred structure types in this Chapter as the proposed location and design. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons presented. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option.

(c)

Submittal and Review Procedures.

(1)

Pre-application Conferences. Prior to an application submittal, applicants may or, in the case of a Type 1 WCF Permit, must schedule, pay the applicable fee, and attend a pre-application conference with County staff to discuss the proposed facilities. Such pre-application conferences are intended to streamline the application review procedures for various WCF Permit types and determine whether the applicant may qualify for ministerial approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other County departments responsible for application review; and application completeness issues.

(A)

Applicants may, but shall not be required to, bring any particular materials to a pre-application conference. County staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request for a pre-application conference.

(B)

For any applicant that schedules, attends and fully participates in a pre-application conference, the Zoning Administrator may grant a written exemption from a specific application requirement or requirements when the applicant shows that the information requested is duplicative of information contained in other materials to be submitted with the application or otherwise unnecessary for the County's review under the facts and circumstances in that particular case. Any such written waiver shall be limited to the project discussed at the pre-application conference and shall not extend to any other projects.

(2)

Submittal Appointments. Applicants must submit an application at a pre-scheduled appointment. Applicants may generally submit only one application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. County staff will endeavor to provide applicants with an appointment within five business days after staff receives a written or email request for an appointment. The Zoning Administrator will begin to review the application once it is duly filed and the required fee paid.

(3)

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the County within 90 calendar days after the County deems the application incomplete in a written notice to the applicant. The Zoning Administrator may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

(a)

General Development Standards. All new wireless facilities and collocations or modifications not subject to a Section 6409 Request and qualifying for a Type 1 WCF permit must conform to all the standards in this section.

(1)

Concealment. Wireless facilities must incorporate concealment measures sufficient to render the facility either camouflaged or stealth, as appropriate for the proposed location and design. All facilities must be designed to visually blend into the surrounding area in a manner compatible with the uses germane to the underlying zoning district and consistent with the existing uses in the immediate vicinity of the project site.

(2)

Future Collocations. All wireless facilities must be designed and sited in a manner that contemplates future collocations and will allow additional equipment to be integrated into the proposed facility with no or negligible visible changes to its outward appearance to the greatest extent feasible.

(3)

Noise. A wireless facility and all equipment associated with a wireless facility must not generate noise that exceeds the applicable noise level standards established in Chapter 9-404 that apply in the zone where the wireless facility is located. The Approval Authority, meaning the Zoning Administrator or the Planning Commission as the case may be, may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the Approval Authority deems necessary or appropriate to ensure compliance with the applicable noise level standards.

(4)

Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and fully-shielded lights such that the light source is not directly visible from any adjacent residential land uses and conforms to the limits on light and glare set in Chapter 9-403. The Approval Authority may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts on residential land uses to the maximum extent feasible.

(5)

Signs. No facility may display any signage or advertisements unless expressly allowed by the Zoning Administrator in a written approval, recommended under FCC regulations or required by law or a permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner's unique site number and a local or toll-free telephone number to contact the facility owner's operations center.

(6)

Fences, Enclosures and Security. Any fencing or enclosures proposed in connection with a wireless facility must be designed to blend with the natural and/or man-made surroundings. The Approval Authority may require additional landscape features to screen fences. No barbed wire, razor ribbon, electrified fences or any similar measures shall be allowed to secure a wireless facility, unless the applicant demonstrates to the satisfaction of the Approval Authority that the need for such measures significantly outweighs the potential danger to the public. For proposed towers without any surrounding fence or enclosure, the applicant must incorporate anti-climbing measures, such as a ladder guard or removable ladder rungs, to prevent unauthorized access, vandalism and other attractive nuisances.

(7)

Landscape Features. Landscaping may be required to be installed and maintained by Applicant to screen facilities from adjacent properties or public view or to provide a backdrop to camouflage the facilities. All

proposed landscaping is subject to Approval Authority review and approval and must meet the standards of Chapter 9-1020.

(8)

Utilities. All cables and connectors for telephone, primary electric and other similar utility services must be routed underground to the extent feasible in conduits large enough to accommodate future collocated facilities. The Approval Authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

(b)

Building-Mounted Facilities.

(1)

Preferred Concealment Techniques. To the extent feasible, new non-tower facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level are preferred. Examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials. Alternatively, when integration with existing building features is not feasible, the applicant may propose completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions. Examples include, but are not limited to, cupolas, steeples, chimneys, and water tanks.

(2)

Facade-mounted Equipment. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The Approval Authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. Except in industrial zones, the Approval Authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade.

(3)

Rooftop-mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style, and finish. The Approval Authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.

(4)

Ground-mounted Equipment. Outdoor ground-mounted equipment associated with building-mounted facilities must be avoided whenever feasible. In publicly visible or accessible locations, applicants must conceal outdoor ground-mounted equipment with opaque fences or landscape features that mimic the adjacent structure(s) such as dumpster corrals and other accessory structures.

(5)

Height. Wireless communications facilities shall not exceed the applicable height limit for the zone where they are located, provided, however that in commercial and industrial zones, and in areas with an M-X, P-F, A-G, A-L, and A-U zone designation, wireless telecommunication antennas may project up to 10 feet above the maximum allowable height of the structure, or up to 10 feet above the roof line of the building plus an additional one foot for each two feet of horizontal distance the antenna is set back from the top of the nearest exterior wall of the building, provided all of the following requirements are satisfied:

(A)

The applicant has shown that the subject antenna is not sufficient for wireless telecommunication in its intended coverage area if it is mounted at or below the height of the structure or the roof line of the building;

(B)

The antenna and supporting equipment to be mounted or located above the height of the structure or the roof line of the building shall be painted or otherwise treated to match the exterior of the structure or building, or when feasible hidden behind existing or added screening which is architecturally compatible with said structure or building; and

(C)

The existing structure or building is not an historic resource.

(D)

Excluding wireless telecommunication antennas and supporting equipment located on structures and buildings on publicly owned or controlled property, wireless telecommunication antennas and supporting equipment, which are screened from public view with concealment measures, may project up to five feet above the height of the structure or the roof line of the building in residential zones.

(c)

Freestanding Towers. Construction of new freestanding support structures for antennas and supporting equipment for wireless telecommunication, including the replacement of existing freestanding support structures for wireless telecommunication that does not qualify for a Type 1 WCF Permit, shall be subject to the following development standards:

(1)

Overall Height and Required Setbacks. Freestanding towers and associated antennas shall be setback from the property line a distance that is at least equal to the maximum height of the tower and associated antennas.

(2)

Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants must mount non-antenna, towermounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility

demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors.

(3)

Ground-Mounted Equipment. All ground-mounted equipment must be concealed within an existing or new structure, opaque fences or other enclosures subject to the Approval Authority's approval. The Approval Authority may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

(4)

Faux Tree Standards. The Approval Authority may approve a new freestanding wireless facility camouflaged as a faux tree only when it blends with the mature, natural trees in proximity to the proposed project site. The Approval Authority may require the applicant to plant and maintain new, natural trees around the project site when necessary or appropriate to adequately conceal the proposed faux-tree wireless facility.

(5)

In Agricultural Zones. New freestanding support structures and associated antennas shall not significantly displace or impair agricultural operations, if any, on the subject parcel project site or surrounding parcels.

(d)

Facilities in the Public Rights-of-Way.

(1)

General Prohibition. Facilities in the public rights-of-way shall not unreasonably subject the public use for any purpose, including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.

(2)

Encroachment Permit Required. Facilities in the County's rights-of-way shall obtain an encroachment permit prior to commencing work, including construction, installation, and operation.

(3)

Lease Agreement Required. Facilities proposed for installation upon vertical infrastructure owned by the County shall be subject to the execution of a master lease agreement between the County and the wireless carrier. See Section 9-411.060, Leases.

(4)

Concealment. All facilities in the rights-of-way must be concealed to the extent feasible with design elements and techniques that blend with the underlying support structure, surrounding environment and adjacent uses.

(5)

Undergrounded Equipment. To conceal the non-antenna equipment, applicants for a proposed facility within any area in which the existing utilities are primarily located underground shall place underground all non-antenna equipment other than any required electric meter or disconnect switch. In all other areas, applicants shall install all non-antenna equipment underground to the extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services.

(6)

Ground-Mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants must install ground-mounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The County may require landscaping as a condition of approval to conceal groundmounted equipment.

(7)

Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. All required or permitted signage in the rightsof-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible.

(8)

Support Structures. If an applicant proposes a new facility in public rights-of-way, then the applicant must use existing above-ground structures, such as streetlights or traffic signals. If no such existing aboveground structures exist or are otherwise not available to the applicant, then the Approval Authority may require the applicant to install a decorative or integrated pole specifically designed to conceal wireless transmission equipment. All support structures in public rights-of-way require an encroachment permit issued by the Department of Public Works.

(9)

Utility Lines. When the point of contact is not on the pole itself, service lines must be undergrounded, whenever feasible, to avoid additional overhead lines. The Approval Authority shall not approve new overhead service lines merely because compliance with the undergrounding requirements would increase the project cost. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external box or shelter ("doghouse").

(10)

Electric Meter. Multiple operators on a shared pole must share a single electric meter. Site operators must use the smallest and least intrusive electric meter available. In the event that a smaller or less intrusive meter becomes available after the site operator installs its equipment, the site operator must remove the current meter and install the new one within a reasonable time. The County expects site operators to use flat-rate electric service when it would eliminate the need for a meter. The electric meter or its case must be painted to match the pole unless painting is expressly not permitted by the electric service provider.

(11)

Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables must not be spooled, coiled or otherwise stored on the pole whether in a cabinet or not.

(12)

Finishes. No above-ground or pole-mounted equipment in the rights-of-way may be finished with reflective materials unless approved by the Approval Authority.

(a)

Authority. The Board of Supervisors may, in its sole discretion, approve facilities leases for the location of wireless communications facilities upon County property. County staff is authorized and directed to develop application requirements, lease criteria consistent with each department's policies and County procedures, and master lease agreements for Board approval.

(b)

Procedure. Any wireless communications carrier or provider that desires to solicit the County's approval of a facilities lease pursuant to this Chapter shall file a lease application with the County department responsible for the property sought to be leased concurrently with its WCF Permit application.

(c)

Review Process. The County shall review and take action on applications for facilities leases within the time periods established for action on WCF permits after receiving a complete application for such a lease. The applicable department director shall review the lease application and, if the application is complete and meets the lease criteria and the requirements of this Chapter and is consistent with a Model Master Lease Agreement, if one has been approved by the Board, shall negotiate a proposed facilities lease agreement with the applicant. The proposed facility lease shall be submitted to the Board of Supervisors for its review and approval or disapproval.

(d)

Facilities Lease Agreement. No facilities lease shall be deemed to have been authorized hereunder until the applicant and the County have executed a written facilities lease agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the County property. A Model Master Lease Agreement may be approved by the Board to streamline the review and approval process.

(e)

Nonexclusive Lease. No facilities lease granted under this Chapter shall confer any exclusive right, privilege, license or franchise to occupy or use County property for the provision of wireless communications services or any other purposes.

(f)

Rights Granted. No facilities lease authorized under this Chapter shall convey any right, title or interest in County property, but shall be deemed authorization only to use and occupy such County property for the limited purposes and term stated in the facilities lease agreement. No facilities lease shall take effect or otherwise authorize use of such County property until all necessary WCF and other County permits and/or approvals have been obtained. No facilities lease shall be construed as a warranty of title.

(g)

Compensation to County. Each wireless communications facilities lease granted under this Chapter is subject to the County's right, which is expressly reserved, to fix fair and reasonable compensation to be paid the County based on the fair market value of the rights granted to the lessee.

(h)

Expansion, Modification or Relocation. Except as may be provided by an existing facilities lease agreement, a new facilities lease application and agreement shall be required of any telecommunications provider or carrier that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon County property.

Preferred locations and preferred support structures are as follows. Unless shown not to be feasible by the applicant or considered not to be desirable by the Review Authority, a new wireless communication facility shall collocate on an existing wireless communication facility or, if an existing wireless communication facility is not present within the coverage area of the proposed facility, on an existing structure or building on publicly-owned or controlled property.

(a)

Preferred Locations. All applicants must, to the extent feasible, propose new facilities in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

County-owned parcels in any zone;

(2)

P-F zone;

(3)

I-W, I-P, I-L, I-G and I-T zones;

(4)

A-G, A-L, and A-U zones;

(5)

C-G, C-O, C-FS, C-RS, and C-X zoning districts;

(6)

C-N, C-C, and M-X zones;

(7)

R-R, R-VL, R-L, R-M, R-MH, and R-H zones.

(b)

Preferred Support Structures. In addition to the preferred locations described above, the County also expresses its preference for certain support structures within those zones as follows, ordered from most preferred to least preferred:

(1)

Collocations with existing building-mounted wireless facilities;

(2)

Collocations with existing wireless facilities on towers;

(3)

Installations on existing buildings or rooftops;

(4)

Installations on existing wireless towers;

(5)

Installations on existing electric transmission towers; and

(6)

New freestanding wireless towers.

Note: As a hypothetical example, and not a limitation, in an industrial zone where an applicant could achieve its technical objective equally well with antennas mounted on either an electric transmission tower (that does not currently support any wireless facilities) or a new freestanding wireless tower, the applicant must mount the antennas on the electric transmission tower in accord with the County's preferences stated above.

The Zoning Administrator may retain the services of a communications consultant in order to understand, analyze, and evaluate the request for a proposed wireless telecommunication facility. The consultant shall be approved by the Zoning Administrator. The applicant shall be responsible for the cost of the consultant's services.

(a)

Scope of Services. The Zoning Administratormay request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

(1)

Permit application completeness or accuracy;

(2)

Planned compliance with applicable radio frequency (RF) exposure standards;

(3)

Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

(4)

Whether technically feasible and potentially available alternative locations and designs exist; and

(5)

The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope.

(b)

Notice to the Applicant. The Zoning Administrator shall send written notice to the applicant when it elects to retain an independent consultant and summarize the costs of such services and the amount of the required deposit. The applicant shall have two business days to agree to accept these services and pay a deposit for the required costs or withdraw the application without any liability for any costs or expenses in connection with the independent consultant's review.

(c)

Authorization of Services. The consultant's work shall be authorized only when the required deposit has been received by the County.

(a)

Public Notice.

(1)

Public Hearings. Public notice and public hearings are required for only for applications for Type 3 WCF permits. The procedures shall be as specified in Chapter 9-802.

(2)

Deemed-Approved Notice. No more than 30 days before the review period ends (60 days for Type 1 WCF Permits, 90 days for Type 2 Permits, and 150 days for all other applications), the applicant must provide written notice to all persons entitled to notice in accordance with Chapter 9-802.

(A)

Required Disclosure. The notice must contain the following statement: "California Government Code section 65964.1 may deem the application approved in 30 days unless the County approves or disapproves the application, or the County and applicant reach a mutual tolling agreement."

(B)

Notice to the County. In addition to all persons entitled to notice in accordance with Chapter 9-802, the applicant must deliver written notice to the Zoning Administrator, which contains the same statement required in subsection (a)(2)(i), above, and a mailing list for the required public notices to be sent out under this subsection (a)(2)(i). The applicant may tender such notice in person or by certified United States mail.

(b)

Required Findings. The Approval Authority may approve or conditionally approve an application for a WCF Permit only when the Approval Authority makes the findings required for each permit type.

(1)

Type 1 WCF Permit. The Zoning Administrator shall grant a Type 1 WCF upon finding that the applicant proposes an eligible facility request that:

(A)

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

(B)

Does not substantially change the physical dimensions of the existing wireless tower or base station. Small cell wireless communications facilities are deemed to qualify under this criterion.

(C)

The Zoning Administrator's decision on a Type 1 WCF Permit is a ministerial action; it is final and not appealable.

(2)

Type 2 WCF Permit. The Zoning Administrator shall grant a Type 2 WCF Permit upon finding that:

(A)

A discretionary use permit was issued for the existing collocation-eligible facility;

(B)

Environmental review was conducted pursuant to the California Environmental Quality Act and County requirements for any existing collocation-eligible facility, and the collocation of the proposed facility with an existing collocation facility will not require a subsequent or supplemental environmental impact report;

(C)

The proposed facility will incorporate required mitigation measures, if applicable, based on the environmental document that was certified for the existing collocation facility; and

(D)

The application has provided acceptable financing assurances for the proposed project that are consistent with the provisions of Section 65964 of the Government Code. These may include an escrow deposit for removal of a wireless telecommunications facility or any component thereof. A performance bond or other surety or another form of security may be required, with the amount of the bond or other security related to the cost of removal. In approving the amount of the security, the Zoning Administrator shall consider information provided by the applicant regarding the cost of removal.

(E)

The Zoning Administrator's decision on Type 2 WCF Permit is a ministerial action; it is final and not appealable.

(3)

Type 3 WCF Permit. The Planning Commission shall approve or conditionally approve a Type 3 WCF Permit after a duly-noted public hearing, upon finding that:

(A)

The project complies with all applicable development standards in this chapter;

(B)

The applicant has provided a meaningful comparative analysis that demonstrates all alternative designs and locations identified in the application review process are either technically infeasible or not potentially available; and

(C)

All necessary and reasonable conditions of approval will be imposed to ensure land use compatibility and compliance with the standards of this Chapter.

(D)

The Commission's decision on a Type 3 WCF Permit is a discretionary action; it is appealable to the Board of Supervisors (see subsection (f) below).

(c)

Authority to Deny—Type 1 WCF Permits. Notwithstanding any other provisions in this Chapter, and consistent with all applicable federal and State laws and regulations, the Zoning Administrator may deny any Type 1 WCF Permit application submitted for approval pursuant to Section 6409(a) and Type 2 WCF Permits submitted for approval under Government Code Section 65850.6 when upon findings that the proposed project:

(1)

Does not satisfy the criteria for approval;

(2)

Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

(3)

Involves the replacement of the entire support structure.

(d)

Conditional Approvals for Type 3 WCF Permits. The Planning Commission may impose reasonable conditions on Type 3 WCF Permits that are related and proportionate to the proposed facility as the Planning Commission deems necessary or appropriate to promote and ensure conformance with the General Plan, any applicable specific plan and the provisions in this Chapter. These would be in addition to the Standard Conditions of Approval in Section 9-411.100.

(e)

Notice of Decision. Within five days after the Approval Authority acts on a WCF Permit application, the Approval Authority shall provide written notice to the applicant stating the action taken. A denial notice must contain the reasons for the denial and, for Type 1 WCF Permits, state that the application will be automatically denied on the 60[th ] day after the application was filed unless the applicant withdraws the application.

(f)

Appeals—Type 3 WCF Permits. Any person or entity may appeal a final decision by the Planning Commission on a Type 3 WCF Permit in accordance with Section 9-215.120. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds.

All applications for a WCF Permit shall be subject to the standard conditions of approval provided in this section. The Approval Authority may add, remove or modify any conditions of approval as necessary or appropriate to protect and promote the public health, safety and welfare.

(a)

Permit Duration. The permit will automatically expire 10 years from the issuance date, except when Government Code section 65964(b), as may be amended, authorizes the County to issue a permit with a shorter term.

(b)

Permit Renewal. Any application to renew this permit must be tendered to the County between 365 days and 180 days prior to its expiration, and must be accompanied by all required application materials, fees, and deposits required for a new application as then in effect. The County shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The Zoning Administrator may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.

(c)

Build-out Period. Any permit approved under this Chapter or by operation of law shall automatically expire 18 months from the approval date if the applicant fails to commence construction within that 18-month time period; provided, however, that the Zoning Administrator may renew any such permit for up to one additional year if the Zoning Administrator receives a written request from the permittee within 30 days prior to the expiration date. Such a decision would be at the Zoning Administrator's sole discretion.

(d)

Compliance with Laws. The applicant shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinance or other rules.

(e)

Permittee's Contact Information. The applicant shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one specific person. All such contact information for responsible parties shall be provided to the Zoning Administrator within one business day after the applicant receives a written request from the Zoning Administrator.

(f)

Cooperation with Access and Inspections. The County or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The County reserves the right to enter or direct its designee to enter the facility to support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

(g)

Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

(h)

Concealment Elements. The applicant acknowledges and agrees that each and every aspect and/or element of the wireless facility, including without limitation its coloring, finishes, placement, orientation and proportionality with the structures in the immediate vicinity, that, by its sense and context, aids, contributes or otherwise furthers the concealment of the facility, in whole or in part, shall be deemed to be a concealment element of the support structure.

(i)

Graffiti Abatement. Permittee shall promptly remove any graffiti on the wireless facility at permittee's sole cost and expense, and in no instance more than 48 hours from the time of notification by the County or after discovery by the permittee.

(j)

Backup Generator Use. The applicant shall not use any backup or standby power generator except (1) when necessary due to a primary power source failure or (2) for routine maintenance/cycling. Backup generators are subject to the noise standards in Chapter 9-404.

(k)

Adverse Impacts. Permittee shall take all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

(l)

Building Permit Application Plans. The permittee must incorporate into building plans and submit with any application to the Building Department, three copies of each of the following: (1) the WCF Permit associated with the facility, including without limitation all findings and conditions of approval; and (2) for Type 3 WCF Permits the photo simulations associated with the approved project. The Building Official is not authorized to waive any of these specific submittal requirements irrespective of any exception authority granted by the Code.

(m)

As-Built Plans. The applicant shall submit to the Building Official an as-built set of plans and photographs depicting the entire WCF, as modified, including all transmission equipment and all utilities, within 90 days after completion of construction. The plan submitted for the building permit may be used if the contractor certifies to the Building Official that no modifications to these plans were made during construction and the Building Official verifies this statement.

(n)

Record Retention. The permittee shall retain full and complete copies of all as-built plans and permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans and specifications, resolutions and other documentation associated with the permit or regulatory approval. In the event that neither the County nor the permittee can locate any as-built plan, permit or other regulatory approval that would have been required for the equipment deployed or installed in connection with the facility, the permittee acknowledges that the County will presume that any such equipment was deployed or installed without proper review and approval.

(a)

Limited Exceptions for Personal Wireless Service Facilities. The Board of Supervisors recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. With this in mind, the Board finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for WCF permit application in which strict compliance with this Chapter would effectively prohibit personal wireless services serves the public interest. The Board further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promote clarity and the County's legitimate interest in well-planned wireless facilities deployment that will provide economic benefits to the County. Therefore, in the event that any applicant asserts that strict compliance with any provision in this Chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the Board of Supervisors authorizes the Planning Commission to grant a limited, one-time exemption from strict compliance subject to the following requirements. The Zoning Administrator may secure the services of a communications consultant pursuant to Section 9-411.080 to provide information that may be needed to make the required findings below.

(1)

Required Findings. The Planning Commission shall not grant any limited, one-time exemption unless the applicant demonstrates with clear and convincing evidence all the following findings:

(A)

The proposed wireless facility qualifies as a "personal wireless services facility" as defined in 47 U.S. Code § 332(c)(7)(C)(ii);

(B)

The applicant has provided the County with a clearly defined technical service objective and a clearly defined potential site search area;

(C)

The applicant has provided the County with a meaningful comparative analysis that includes the factual reasons why an alternative location(s) or design(s) suggested by the County or otherwise identified in the

administrative record, including by not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

(D)

The applicant has provided the County with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviation is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives.

(2)

Scope of Exemption. The Planning Commission shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The Planning Commission may adopt conditions of approval as reasonably necessary to promote the purposes in this Chapter and protect the public health, safety and welfare.

(b)

Variances. All other requests to relieve or waive any provision under this Chapter for any non-personal wireless services facility are subject to the variance procedures in Chapter 9-805.

Any permit issued under this Chapter, including any permit deemed granted or deemed approved by operation of law, may be revoked in accordance with the provisions in Section 9-802.130.

9-411.130 - REMOVAL OF FACILITIES

Freestanding structures, antennas, and supporting equipment associated with wireless communication shall be removed by the provider of such facilities and the site restored to its preconstruction state if the facilities have not been operational or used for a period of six consecutive months. Removal and site restoration shall be completed within 90 days of the end of the six-month period. To guarantee removal of unused or abandoned facilities, the Review Authority may require the applicant to post a bond or other suitable security instrument.

This Chapter shall not be applicable to public entities that provide emergency communication services for the Sheriff's Office or the Office of Emergency Services, in order to provide coordination with cities, counties, and State agencies.

Series 500: - Subdivision Regulations Chapter 9-500 - Subdivision Regulations: Intent and Organization

The 500 Series shall be known and cited as the "Subdivision Ordinance of San Joaquin County," the "Subdivision Ordinance," or the "Subdivision Regulations." The Subdivision Map Act (Title 7, Division 2, of the California Government Code, as amended) is hereby adopted by reference and made a part of this

Ordinance as though it was fully set forth herein. The provisions of this Ordinance are supplemental to the Subdivision Map Act.

The purpose of the Subdivision Regulations is to regulate and control the division of land within San Joaquin County. These provisions implement and supplement the requirements of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Zoning Administrator, Planning Commission, Director of Public Works, County Surveyor, and Board of Supervisors regarding the maps.

To accomplish this purpose, these regulations are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land, and to ensure provision for adequate traffic circulation, utilities, and services. It is also the purpose of this Ordinance to ensure that the design and improvement of subdivisions is consistent with and promotes the goals and policies of the General Plan and any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan. More specifically, these regulations are intended to:

(a)

Establish reasonable standards of design and reasonable procedures for subdivision and re-subdivision for the orderly layout and use of land; and

(b)

Ensure proper legal descriptions and documentation of subdivided land.

It is the policy of San Joaquin County that:

(a)

County Control. The subdivision and subsequent development of land shall conform to the General Plan, any applicable Special Purpose Plan, Specific Plan or Master Plan, and the other relevant provisions of this Title;

(b)

Safety of Development. All subdivided land should be of such character that it can be used safely for building purposes by future holders of title without unreasonable danger to health, or peril from fire, flooding, or other menace; and

(c)

Facilities and Services. Provision shall be made for drainage, sewage disposal, water, schools, parks, recreation, roads, lighting, bike paths, pedestrian connections, and other public facilities and services.

The regulations set forth in this Series shall apply to all parts of subdivisions within the County and to the preparation of subdivision maps and to other maps provided for in the Subdivision Map Act. All subdivisions and parts of subdivisions lying within the County shall be made, and all subdivision maps shall be prepared and presented for approval, as provided for and required by this Series.

No land shall be used, nor any building be constructed, on any lot or parcel not in conformance with this Division. No permit for the construction of a building or the use of land shall be issued on a parcel of land that does not comply with the provisions of the General Plan, any applicable Special Purpose Plan, Specific Plan, this Division, and the Subdivision Map Act. At the time of issuance of a permit, the applicant shall submit evidence that the parcel of land complies with this Division and the mandatory provisions of the current Subdivision Map Act, and a certification shall be required from Environmental Health Department as to the adequacy of the parcel to meet sanitary requirements, if necessary.

This Series shall not apply to, affect, or modify any subdivision or part of a subdivision, lawfully created and recorded prior to the effective date of this Title, or to any approval or conditions of approval of any map approved prior to the effective date of this Title. This Series is also inapplicable to actions that the Subdivision Map Act specifically excludes from its provisions including, but not limited to, the following:

(a)

Financing or Leasing of Buildings. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

(b)

Other Leases. Mineral, oil, or gas leases.

(c)

Cemeteries. Land dedicated for cemetery purposes under the California Health and Safety Code.

(d)

Secondary Residences. The construction, financing, or leasing of secondary residences and accessory dwelling units on a residential lot.

Chapter 9-501 - Administration and Common Procedures

(a)

Board of Supervisors. The Board of Supervisors shall have final jurisdiction in the approval of Final Maps and subdivision improvement agreements and the acceptance by the County of lands and/or improvements as may be proposed for dedication to the County for Major Subdivisions. The Board shall act as the final appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for Major Subdivisions.

(b)

County Counsel. The County Counsel or their designee shall be responsible for approving as to form all subdivision Public Improvement Agreements and improvement securities.

(c)

County Surveyor. The County Surveyor or their designee shall be responsible for technical review of Final Maps, Parcel Maps and reversions to acreage, issuing certificates of correction for maps, certificates of compliance, and Parcel Map waivers, and ensuring conformance with the Subdivision Map Act.

(d)

Director of Community Development. The Director of Community Development or his/her designee shall be responsible for:

(1)

Establishing procedures for the review and approval of subdivision applications, lot line adjustments, and mergers; and

(2)

Overseeing work of the Zoning Administrator and ensuring coordination of subdivision approvals with zoning approvals.

(e)

Director of Public Works. The Director of Public Works or his/her designee shall be responsible for:

(1)

Establishing design and construction details, standards, and specifications;

(2)

Processing of Final Maps, certificates of compliances, Parcel Map waivers, reversion to acreage maps, and amended maps;

(3)

Determining for the Director's areas of responsibility if proposed subdivision improvements comply with the provisions of this Series and the Subdivision Map Act and for reporting the findings together with any recommendations for approval or conditional approval of the Tentative Map for Major Subdivisions and Minor Subdivisions to the Zoning Administrator.

(4)

Processing and approval of subdivision improvement plans;

(5)

Inspecting and approving subdivision improvements.

(6)

Accepting dedications and improvements for subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

(7)

Collecting all required deposits and fees for applications for which the Director is responsible.

(f)

Zoning Administrator. The Zoning Administrator shall be responsible for the processing of Tentative Maps and tentative Parcel Maps, lot line adjustments, and mergers and for the collection of application fees. The Zoning Administrator also shall be responsible for investigating proposed subdivisions for conformity to the General Plan, Specific Plans, pre-existing Special Purpose Plans, Master Plans, and the Development Title.

(g)

Planning Commission. The Planning Commission shall be the body responsible for approving, conditionally approving, or denying Tentative Maps for Major Subdivisions and hearing appeals of Final Maps and Parcel Maps.

(a)

Initial Application. Prior to or accompanying the submittal of a preliminary plan, the subdivider must complete an application on a form supplied by the Planning Division. This form must officially identify the subdivider as that person or entity responsible for the requirements set forth in the Subdivision Regulations.

(b)

Preliminary Plan and Accompanying Data. The subdivider or the subdivider's representative must submit to the Planning Division a preliminary plan of the proposed subdivision, which may be in rough sketch form, together with general information of existing conditions of the site and the proposed development, including the following information:

(1)

Intended Land Use, such as residential, commercial, industrial or other purposes;

(2)

Location Map showing the relationship of the proposed subdivision to existing community facilities, existing water and sewer disposal services, storm drainage, flood zones, water channels and waterways, and other developments that serve or influence it;

(3)

Sketch Plan, which may be a freehand pencil sketch made directly on a print of a topographic survey, and must delineate in simple form the proposed layout of streets, lots and other features in relationship to existing conditions;

(4)

Map Details including the development name, if any, and location; main traffic arteries; proposed bicycle and pedestrian circulation; shopping centers; schools; parks and playgrounds; other community features such as hospitals; existing topography and unusual features of terrain such as tree masses and watercourses on and adjacent to the proposed subdivision; existing gas and electrical infrastructure; water systems, water wells, storm drains, existing street lighting, drainage channels, scale; north arrow; date; perimeter boundary line of proposed subdivision; existing public utility facilities and easements therefor; sanitary sewer facilities and railroads, if any; and

(5)

Photographs, such as site photographs to supplement the sketch plan (not mandatory).

(c)

Optional Subdivision Conference. After the submittal of the preliminary plan and accompanying data, and prior to the submittal of a Tentative Map or Tentative Parcel Map, the subdivider or his or her representative may submit a request for a Subdivision Conference accompanied by the required fee. At the Subdivision Conference, the subdivider will be advised if areas for park, playground, schools, fire stations, libraries, bicycle paths, and other public and semipublic uses are required, and suitable locations may be suggested for them. The subdivider or the subdivider's representatives will be fully informed of applicable General Plan and Special Purpose Plan, Specific Plan or Master Plan policies and any other adopted policies, standards and regulations affecting development in the area.

(d)

Written Copy of Comments and Recommendations Provided. A written copy of the comments and recommendations resulting from the Subdivision Conference shall be furnished to the subdivider.

The provisions for when Tentative Maps, Tentative Parcel Maps, Final Maps, and Parcel Maps are required are as follows:

(a)

Tentative Map and Final Map. A Tentative Map and Final Map are required for all divisions of land creating five or more parcels, five or more condominiums as defined by the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

(1)

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications are required by the legislative body;

(2)

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;

(3)

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

(4)

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

(b)

Tentative Parcel Map and Parcel Map. A Tentative Parcel Map and Parcel Map are required for all divisions of land into four or fewer parcels, and for those divisions of land described above in paragraphs (a)(1)—(4).

(c)

Exceptions. A Tentative Parcel Map and Parcel Map shall not be required for the following divisions of land:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing; or

(2)

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a Parcel Map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

(d)

Vesting Tentative Map Alternative. Whenever a provision of the Subdivision Map Act or this Ordinance requires the filing of a Tentative Map, a Vesting Tentative Map may be filed instead in accordance with the provisions of this Series.

Notwithstanding any other provision of this Title, the Zoning Administrator shall ministerially approve a Parcel Map for an urban lot split under the authority of Government Code Section 66452.6 using the approval procedures for Minor Subdivisions only upon determining that the parcel map for the urban lot split meets all the following requirements:

(a)

General Requirements. The Parcel Map subdivides an existing parcel, which was not created by a prior urban lot split, to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

(1)

Both newly created parcels are no smaller than 1,200 square feet.

(2)

The parcel being subdivided meets all the following requirements:

(A)

The parcel is located within a single-family residential zone.

(B)

The parcel subject to the proposed urban lot split is located within an urbanized area or urban cluster, as designated by the United States Census Bureau and shown in Figure 9-501.040.

(3)

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

(4)

The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

(A)

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(B)

Housing that is subject to any form of rent control or

(C)

Housing that has been occupied by a tenant in the last three years.

(5)

The parcel is not located within a historic district created under Chapter 9-70-5, Historic Districts and Landmarks, or included in the State Historic Resources Inventory.

(6)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

FIGURE 9-501.040 2010 URBAN AREAS AND CLUSTERS

(b)

The Ministerial Approval Process. The Zoning Administrator shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this section, and no dedications of rights-of-way or the construction of offsite improvements shall be required as a condition of approval, nor can the correction of existing zoning nonconformities be required.

(1)

The Zoning Administrator may deny an urban lot split upon finding that: 1) the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment that cannot be feasibly mitigated or avoided.

(2)

The Zoning Administrator shall not deny an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(c)

Allowable Conditions of Approval. The Zoning Administrator may impose any of the following conditions of approval to ensure that a parcel map for an urban lot split complies with the General Plan and this Title.

(1)

Easements required for the provision of public services and facilities.

(2)

A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

(3)

Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:

(A)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or

(B)

There is a car share vehicle located within one block of the parcel.

(4)

Only residential uses are allowed.

(5)

A signed affidavit must be provided prior to issuance of a building permit for a housing development on urban lot split lots stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

(A)

This requirement does not apply to an applicant that is a community land trust or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

(6)

Rental of any housing unit on an urban lot split lot shall be for a term longer than 30 days.

(d)

No Accessory Units are Allowed. Under Government Code Section 66452.6, the County is not required to permit more than two units on a parcel created through an urban lot split. This means that Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on urban lot split lots.

(a)

Applicability. In the following cases, the subdivider or his or her representative may submit an "application for waiver of Parcel Map" to the Zoning Administrator:

(1)

A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

(2)

A division of land where each parcel created has gross area of not less than 40 acres or is not less than a quarter of a quarter section; or

(3)

A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

(b)

Procedure. This waiver shall only be granted after approval by the County Surveyor upon a finding that the proposed division of land complies with the requirements of this Ordinance or the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads,

wastewater disposal facilities, water supply availability, environmental protection, and other requirements of this Subdivision Ordinance, and upon a finding that the Subdivision Map Act does not prohibit such a waiver.

(c)

Tentative Parcel Map Required. Where the requirement for a Parcel Map is waived, a Tentative Parcel Map shall be required.

(a)

Review Tracks. The County has two tracks for the review and approval of subdivision applications: one for Major Subdivisions and another for Minor Subdivisions.

(b)

Types of Subdivisions.

(1)

Major Subdivision. A Major Subdivision is a subdivision of land creating five or more lots, five or more condominiums, or a community apartment project containing five or more units, unless otherwise excepted in the definition of a Minor Subdivision.

(2)

Minor Subdivision. A Minor Subdivision is a subdivision of land where:

(A)

The land before division contains less than five acres, each lot created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or

(B)

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a County maintained road, street, or highway; or

(C)

The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the governing body as to street alignments and widths; or

(D)

The subdivision would create four lots or less, or condominiums or community apartments containing four units or less; or

(E)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.

(c)

Review Procedure.

(1)

Major Subdivisions. Major Subdivisions are reviewed and approved by the Planning Commission after a duly-noticed public hearing. Appeals of the Commission's actions are to the Board of Supervisors.

(2)

Minor Subdivisions. Minor Subdivisions are reviewed and approved by the Zoning Administrator. No public hearing is required. Appeals of the Zoning Administrator's actions are to the Planning Commission.

(3)

Timing.

(A)

Action with No EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within 50 days after it is accepted as complete unless specific technical studies have been requested that will take more time.

(B)

Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within 45 days after certification of the Environmental Impact Report unless the applicant and the Zoning Administrator mutually agree on a time extension.

(C)

Appeals. Appeals of any decision shall be heard by the appeal body within 30 days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten days, or any authorized extension thereof, after the conclusion of the hearing.

A Tentative or Vesting Tentative Map or Parcel Map shall not be approved unless the decision-making body makes all of the following findings:

(a)

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, the Development Title, and other applicable provisions of the County Code.

(b)

Physically Suitable. The site is physically suitable for the type of development and the proposed density of the development.

(c)

No Environmental Damage. The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an Environmental Impact Report (EIR) was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

(d)

No Public Health Problems. The proposed subdivision, together with the provisions for its design and improvement, is not likely to cause serious public health problems.

(e)

No Conflict with Easements. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The County may approve a map if it finds that alternate easements for access or for use will be provided and that these easements will be substantially equivalent to ones previously acquired by the public.

(f)

Availability of Water and Wastewater Disposal Service. Water and wastewater disposal services will be available and sufficient to serve a proposed subdivision. If the subdivision has more than 500 dwelling units, this finding must be in accordance with Section 66473.7 of the Subdivision Map Act.

(g)

Dedications. Any land or improvement to be dedicated to the County or other public agency is consistent with the General Plan, any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, and any other applicable plan adopted by the County.

(h)

Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

In approving a Tentative Map or a Tentative Parcel Map, the decision-maker may impose reasonable Conditions of Approval necessary to ensure that the subdivision will comply with the General Plan, any applicable Specific Plan, Special Purpose Plan, or Master Plan, and this Title.

Subdivision review may be carried out concurrently with the review of any applications for zoning approval, including a Zoning Compliance Review, an Administrative Use Permit, and a Conditional Use Permit.

Notification for public hearings shall be provided according to the provisions for notification of public hearings in Chapter 9-802, Common Procedures.

The approval authority may authorize exceptions to any of the requirements and regulations set forth in this Series. A request for an exception shall be made by the subdivider and filed with the application for a Tentative or Parcel Map. In order to approve an exception, the Zoning Administrator or the Commission shall make all of the following findings:

(a)

There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

(b)

The exception is necessary to preserve the subdivider's vested property rights pursuant to the Government Code provisions for a Vesting Tentative Map;

(c)

Granting the exception will not be detrimental to the public welfare or other property in the area where the subject property is located; and

(d)

Granting the exception will be consistent with the General Plan and any applicable Specific Plan or Master Plan.

Decisions that are subject to appeal under the Subdivision Map Act or this Series shall be filed and processed in accordance with to the procedures for appeals provided in Chapter 9-802 and the procedures provided below.

(a)

Appeals to the Planning Commission. A decision by the Zoning Administrator, the Director of Community Development, or the Director of Public Works may be appealed to the Planning Commission within 10 days of the issuance of the Notice of Action by filing a written appeal with the Planning Division. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the County's Fee Schedule.

(b)

Appeals to the Board of Supervisors. A decision by the Planning Commission may be appealed to the Board of Supervisors within 10 days of the issuance of the Notice of Action by filing a written appeal with

the Planning Division. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the County's Fee Schedule.

(c)

Procedures. The Director shall schedule the appeal for consideration by the authorized hearing body within a reasonable time after the date the appeal was filed and shall provide written notice to the appellant, the subdivider, and all other parties known to have interest in the matter as required by this Development Title and the Subdivision Map Act. The hearing body may sustain, modify, or reject the decision that is the subject of the appeal.

(d)

Appeal Stays All Proceedings. The timely filing of an appeal shall stay all proceedings in the matter appealed.

All persons submitting maps and other documents required by the Subdivision Regulations shall pay all fees and/or deposits as provided by the County's Fee Schedule, or the project shall not be deemed complete.

Fees shall be established by the County pursuant to Section 66451.2 of the Subdivision Map Act and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

Chapter 9-502 - General Requirements

This Chapter sets forth general requirements for mapping, monuments, and reports that apply throughout Series 500, Subdivision Regulations.

All subdivisions shall be filed as either a Final Map or Parcel Map unless this requirement has been waived under Section 9-501.040. All major subdivisions shall be filed for recordation as a Final Map; all minor subdivisions shall be filed as a Parcel Map or a Final Map.

(a)

Lot Corners. All lot corners shall be marked with iron pipe not less than three-quarters of an inch inside diameter and 24 inches long or marked by other monuments or reference crosses as approved by the County Surveyor.

(b)

Centerline Monuments. Centerline monuments shall be located as set forth in this section.

(1)

Location of Monuments. Road, street, alley, and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways, or at the intersection of any street, alley, or way with a tract boundary. Street centerline monuments shall also be set to mark the beginning and end of curves or the points of intersection of tangents thereof. Such centerline monuments shall be not less than a three-quarter inch diameter iron pin, at least 30 inches long, and set in the subgrade. A monument box and cover in conformance with the County's Improvement Standards shall be set above the monument, with the top of the box flush with the finished grade.

(2)

Alternative Locations. In the event that, due to the construction of subdivision improvements or the location of trees or other physical features, the monuments specified above cannot be located at the points specified, a reference monument or monuments shall be set subject to the approval of the County Surveyor. Notes as to the location of said monument or monuments with reference to the referenced point shall be furnished to the County Surveyor.

(c)

Section & Quarter-Section Corner Monuments. Whenever a section corner or quarter-section corner is to be used as a controlling element of a field survey, the engineer or surveyor responsible for the survey shall construct, reconstruct, or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. Such monuments shall be not less than a three-quarter inch diameter iron pin, 30 inches long, or other monuments as approved by the County Surveyor.

(d)

Monument Identification and Inspection. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made, and All monuments shall be subject to inspection and approval by the County Surveyor.

Lots shall comply with the following requirements:

(a)

Areas and Widths of Lots. The area and width of lots or parcels in a subdivision map shall conform to the zone in which the property is located;

(b)

Relation of Depth to Width. The depth to width ratio of a lot in a subdivision shall conform to the zone in which the lot is situated when new lots are created by subdivision, except where physical conditions make such limitation of depth to width ratio impractical or the width of the lot is 330 feet or greater;

(c)

Division of Jurisdiction. No lot or parcel shall be permitted to be divided by a city or County boundary line;

(d)

Angle of Lot Side Line. Lot or parcel side lines shall be approximately normal to the street right-of-way lines; and

(e)

Exception. This Section shall not apply to:

(1)

Any lot or parcel which the subdivider offers to dedicate to the County, or any public agency or district and the offer has been accepted, and

(2)

Any subdivision map that redesigns an existing subdivision in which the density of lots is not increased.

Soils reports shall be provided as follows.

(a)

Major Subdivision. A preliminary soils report, prepared by a California-registered civil engineer, engineering geologist, or geotechnical engineer and based upon adequate test borings, shall be submitted to the Building Official for every major subdivision at the time of Tentative Map submittal.

(b)

Waiver of Report. A preliminary soils report may be waived if the Building Official finds that, due to the knowledge the County possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.

(c)

Soils Investigation. If the required preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each lot in the subdivision. The soil investigation shall be prepared by a California-registered civil engineer and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the Building Official shall be incorporated into the construction plans for each dwelling.

Geotechnical reports shall be provided to address geologic hazards as required by this Section.

(a)

Major Subdivision. A preliminary geotechnical report, prepared by a California-registered geotechnical engineer or California-registered geologist and based upon adequate test borings, shall be submitted to the Building Official for every major subdivision at the time of Tentative Map submittal. The preliminary geotechnical report shall include estimates of expected peak ground accelerations during maximum credible earthquake potentially affecting the site.

(b)

Waiver of Report. A preliminary geotechnical report may be waived if the Building Official finds that, due to the knowledge the County possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.

(c)

Geotechnical Investigation. If the required preliminary geotechnical report indicates the presence of geologic hazards (such as slope instability, subsidence, adverse soil conditions, seismic hazards) which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a geotechnical investigation for each lot in the subdivision. The geotechnical investigation shall be prepared by a California-registered geotechnical engineer or State-registered geologist and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the Building Official shall be incorporated into site preparation and construction of each dwelling.

(a)

Report. A surface and subsurface contamination report shall be required at the time of the Tentative Map submittal. The surface and subsurface contamination report shall be prepared by a qualified environmental professional and shall identify any potential source of surface or subsurface contamination caused by past or current land uses. The report shall include evaluation of nonpoint source of hazardous materials, including agricultural chemical residues, as well as potential point sources, such as fuel storage tanks, septic systems, or chemical storage areas.

(b)

Waiver of Report. The surface and subsurface contamination report may be waived if the Environmental Health Department finds that, due to the knowledge the County possesses relative to the possible contamination of the soils in this subdivision, no preliminary analysis is necessary.

(c)

Corrective Action. If the report indicates there are surface and subsurface contamination, corrective action shall be taken, as recommended in the report and concurred with by the Environmental Health Department prior to the issuance of the building permit.

(a)

A subdivision for which a Tentative Map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(b)

Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(c)

Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

(d)

The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

(e)

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Chapter 9-503 - Tentative Maps and Tentative Parcel Maps

The purpose of this Chapter is to establish the form, contents, submittal, and procedures for approval of all Tentative Maps, including Tentative Maps for divisions of land into five or more parcels and Tentative Parcel Maps for divisions of land into four or fewer parcels or where a Tentative Map is not required.

A subdivider shall file an application for a Tentative Map or Tentative Parcel Map with the Planning Division in a form determined by the Zoning Administrator. The application shall be accompanied by the materials specified below and any additional materials that the Zoning Administrator determines necessary to fulfill the requirements of this Ordinance and the Subdivision Map Act and the required fee.

(a)

Tentative Map or Tentative Parcel Map Requirements. The Tentative Map or Tentative Parcel Map shall be prepared by a by a California-registered civil engineer or California-licensed land surveyor duly licensed to

practice land surveying and must contain the following information, unless waived by the Director of Public Works:

(1)

The subdivision name or number, date, north arrow, scale, and reference to the County datum with a sufficient legal description to define boundaries of the proposed subdivision and a vicinity map showing the location of the subdivision and County boundaries.

(2)

The name and address of the record owner, the subdivider, and the civil engineer or land surveyor under whose direction the map was prepared, including the registration or license number of the engineer or surveyor.

(3)

Topography, using contour intervals of one foot or less where ground slope is five percent or less, and contour intervals of five feet or less where ground slope is greater than five percent. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed subdivision. The Tentative Map must contain a statement by the person preparing the map stating the source of contours shown on the map.

(4)

The location and outline to scale of each structure on the property proposed for division. Each structure that is to be retained must be so noted.

(5)

Approximate boundaries of areas subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses with a reference to the sources of this information.

(6)

Approximate location of all trees and tree masses, 12 feet or more in height or with a diameter at breast height (DBH) of 12 inches of more, standing within the boundaries of the subdivision.

(7)

The locations, widths, grades and names of all existing or proposed streets, alleys, pedestrian ways, bicycle paths, transit facilities, railroad rights-of-way and grade crossing, and other rights-of-way within and adjacent to the subdivision, and the radius of each centerline curve. All streets and alleys intended to be private must be clearly so designated.

(8)

The location and dimension of all known existing easements and reserves and all proposed public easements.

(9)

The location of existing utilities, sewers, drainage ditches and other drainage facilities located in, or adjacent to, the proposed subdivision.

(10)

The approximate lot layout and the approximate dimensions of each lot and of each building site, the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes to scale.

(11)

Proposed plan and easements for drainage and for handling stormwater.

(12)

Statement of the present use, zoning district(s), and the proposed use(s), including areas to be reserved for public or semi-public use.

(13)

Proposed plans and easements for water, sewer, storm and provision for sewer disposal and storm drain handling.

(b)

Accompanying Information. The following information, data and reports shall be submitted with, but not on, the Tentative Map or tentative Parcel Map:

(1)

Construction grading and construction drainage permit applications, including all of the information required by Chapter 9-812, Grading and Drainage Permits.

(2)

A preliminary soils report.

(3)

Preliminary geologic and seismic safety reports for Tentative Maps that are within geologic or seismic hazard areas or in hillside areas.

(4)

A preliminary archaeological survey for Tentative Maps within an area of cultural significance, including but not limited to, prehistoric or historic archaeological sites, buildings, structures, objects, and unique cultural resources.

(5)

An acoustical analysis may be required by the Zoning Administrator to demonstrate compliance with the standards of the General Plan.

(6)

The characteristics of all proposed parks, open spaces and school facilities, including the methods of land acquisition, improvement and maintenance.

(c)

The Zoning Administrator may waive the submittal of any of the reports required by Subsection (b) upon determining that adequate information exists in County records regarding the area involved and that no additional analysis is necessary.

(d)

The Zoning Administrator may require additional development-related applications be filed concurrently with the submittal of a Tentative Map application.

(a)

Determination of Complete Application. The Zoning Administrator shall determine whether the application for approval of a Tentative Map or Tentative Parcel Map is complete within 30 days from receipt of the application. The Tentative Map shall be accepted as complete only when the Zoning Administrator determines that:

(1)

All maps and information required by this Ordinance and the Subdivision Map Act have been submitted, checked and accepted as complete is determined to be consistent with the General Plan and any applicable Specific Plan;

(2)

All information required to conduct environmental review in compliance with the California Environmental Quality Act and the County's environmental review regulations has been submitted; and

(3)

The required fees and deposits have been paid.

(b)

Department Referral. The Zoning Administrator shall forward copies of the proposed map to all affected public agencies, including the Director of Public Works. The affected public agencies may, in turn, forward their findings and recommendations to the Zoning Administrator.

Tentative maps and Tentative Parcel Maps shall be processed either as Minor Subdivisions or Major Subdivisions pursuant to Section 9-501.050, Review and Approval Procedures. The Zoning Administrator shall report the results of the action to the subdivider and transmit a copy of the Parcel Map or Tentative Parcel Map and a memorandum setting forth their decision to the Director of Public Works.

(a)

Expiration. The approval or conditional approval of a Tentative Map or Tentative Parcel Map shall be valid for 24 months from the date of its approval within which time the Final Map may be presented to the Board of Supervisors for acceptance and recordation unless a 24-month extension is granted for a total of 48 months, as is allowed pursuant to the Subdivision Map Act. In addition, an extension to 48 months is allowed if certain funds are required to be expended or off-site improvements constructed, pursuant to Government Code Section 66452.6.

(b)

Effect of Expiration. The expiration of the approved or conditionally approved Tentative Map or Tentative Parcel Map shall terminate all proceedings and no Final Map of all or any portion of the real property included within the map shall be filed without first processing a new Tentative Map. Approval, processing and recording of the Tentative Map may occur after the expiration date if the signed Final Map and Public Improvement Agreement (if required) are submitted to the Director of Public Works prior to the expiration date.

(c)

Extensions.

(1)

Request for Extension. Prior to the expiration of the Tentative Map or tentative Parcel Map, the subdivider may request in writing to the Zoning Administrator an extension of the map's expiration date. Payment of applicable fees is also required. Upon such request, the map shall automatically be extended for 60 days or until the application for extension is approved, conditionally approved, or denied, whichever occurs first.

(2)

Zoning Administrator Action. The Zoning Administrator shall review the request for extension of the expiration date pursuant to this section, and shall either:

(A)

Approve,

(B)

Conditionally approve, or

(C)

Deny the request.

(3)

Limitations. The County cannot grant requests for extensions of time that exceed the period(s) of time allowed under the Subdivision Map Act.

Chapter 9-504 - Vesting Tentative Maps

The purpose of this Chapter is to establish the form, contents, submittal requirements, and approval process for Vesting Tentative Maps pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act.

Whenever a provision of the Subdivision Map Act or this Series requires the filing of a Tentative Map, a Vesting Tentative Map may be filed instead in accordance with the provisions of this Series. If a subdivider does not choose to seek the rights conferred by this Series, the filing of a Vesting Tentative Map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data and reports as a Tentative Map and shall be processed in the same manner as a Tentative Map, except as hereinafter provided:

(a)

Title. At the time a Vesting Tentative Map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(b)

Required Information. The following information shall be submitted at the time a Vesting Tentative Map is filed:

(1)

Consistency with General Plan and Zoning. A statement that the Vesting Tentative Map shows a subdivision whose development is consistent with the General Plan and any applicable Specific Plan, Special Purpose Plan, and this Title, or that an application has been filed for a General Plan amendment, Specific Plan amendment, and/or rezoning the land that will be processed prior to, or concurrently with, the Vesting Tentative Map.

(2)

Public Improvement Plan, Engineering Calculations, and Cost Estimates. A Public Improvement Plan, meeting the requirements of Chapter 9-508 prepared by a California-registered professional engineer and indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable TV, internet, streets, storm drains, and street lighting to be installed to serve the subdivision and any facilities that currently exist within the boundary of the subdivision. Engineering calculations and estimated costs for all proposed improvements also shall be submitted in sufficient detail to bid the job for construction.

(3)

Building Information. The height, size, location, architectural plans, and use of all buildings to be constructed within the subdivision, if known.

(4)

Grading Plans. Proposed grading plans based on field surveys.

(5)

Soils Report. Prepared by a California-registered civil engineer, engineering geologist, or geotechnical engineer.

(6)

Approval Letters. Required approval letters from other agencies or service districts for public services, such as water and wastewater disposal, where applicable.

(7)

Landscaping Plans. Landscaping plans proposed for the subdivision, including a Landscape Documentation Package, Landscape Design Plan, and Water Efficient Landscape Calculations and Alternatives, if these are required by Chapter 9-402, Landscaping.

(8)

Discretionary Permit Applications. Applications for all required discretionary permits for development under a Vesting Tentative Map, including Administrative Use Permits, Conditional Use Permits, Public Improvement Plans, Variances, Waivers and Exceptions. No Vesting Tentative Map shall be approved with a condition that rezoning and discretionary approvals will be subsequently secured.

(9)

Other Studies. Any other studies required because of the peculiarities of the subdivision and as required by the County.

(a)

Vested Rights. The approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the Vesting Tentative Map is approved or conditionally approved.

(b)

Condition or Denial. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2)

The condition or denial is required in order to comply with state or federal law.

(c)

Expiration of Rights. Vested rights allowed under this Section shall expire pursuant to the Subdivision Map Act if a Final Map is not approved prior to the expiration of the Vesting Tentative Map. If the Final Map is approved, these rights shall last for the following periods of time:

(1)

Initially. An initial period of one year after recording of the Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial period shall begin for each phase when the Final Map for that phase is recorded.

(2)

Automatic Extension. The initial time period set forth in Subsection (c)(1) shall be automatically extended for any time used to process a complete application for a grading permit or for building permit review, if such processing exceeds 30 days from the date a complete application is filed.

(3)

Requested Extension. A subdivider may apply for a one-year extension at any time before the expiration of the initial time period set forth in Subsection (c)(1). The request for extension shall be submitted in writing to the Planning Commission. The Commission's decision may be appealed to the Board of Supervisors within 10 days. If the subdivider submits a complete application for a building permit during this time, the rights referred to herein shall continue until the expiration of that permit.

The approval or conditional approval of a Vesting Tentative Map shall expire at the end of the same time period, and shall be subject to the same extensions, as a Tentative Map.