§ 9-409

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