Chapter 4 — SUBDIVISIONS — Siskiyou County Zoning Code

Chapter 4, consisting of Article 1 entitled "Short Title, Purpose and Authority", consisting of Sections 104.101 through 10-4.103, Article 2 entitled "Technical Committee", consisting of Sections 10-4.201 through 10-4.203, Article 3 entitled "Definitions", consisting of Sections 10-4.301 through 10-4.321, Article 4 entitled "Improvement Standards", consisting of Sections 10-4.401 through 10-4.405, Article 5 entitled "Tentative Map", consisting of Sections 10-4.501 through 10-4.510, Article 6 entitled "Final Map", consisting of Sections 10-4.601 through 10-4.604, Article 7 entitled "Improvement Specifications", consisting of Sections 10-4.701 through 10-4.718, Article 8 entitled "Completion of Improvements," consisting of Section 10-4.801 through 10-4.804, Article 9 entitled "Exceptions", consisting of Sections 104.901 and 10-4.902, Article 10 entitled "Variances", consisting of Section 10-4.1001, Article 11 entitled "penalties", consisting of Sections 10-4.1101 through 10-4.1103, Article 12 entitled "Lots or Parcels Exceeding 40 Acres or a Quarter-Quarter Section or Larger", consisting of Section 10-4.1201, Article 13 entitled "Minor Land Subdivisions", consisting of Sections 10-4.1301 through 10-4.1322, Article 14 entitled "Minor Land Divisions: Waivers", consisting of Sections 10-4.1401 through 10-4.1403, and Article 15 entitled "Land Divisions for the Purpose of Agricultural Leases: Waivers", consisting of Sections 10-4.1501 through 10-4.1504, codified from Ordinance No. 351, as amended by Ordinance Nos. 417, effective September 9, 1965, 446, effective June 8, 1967, 474, effective November 8, 1968, 486, effective June 10, 1969, 497, effective March 26, 1970, 542, effective July 12, 1971, 543, effective August 26, 1971, 544, effective August 27, 1971, 590, effective April 26, 1973, 614, effective February 22, 1974, 637, effective December 25, 1974, 644, effective April 23, 1975, and 653, effective September 23, 1975, repealed by Ordinance No. 658, effective December 25, 1975.

vember 8, 1968, 486, effective June 10, 1969, 497, effective March 26, 1970, 542, effective July 12, 1971, 543, effective August 26, 1971, 544, effective August 27, 1971, 590, effective April 26, 1973, 614, effective February 22, 1974, 637, effective December 25, 1974, 644, effective April 23, 1975, and 653, effective September 23, 1975, repealed by Ordinance No. 658, effective December 25, 1975.

Chapter 4, consisting of Article I entitled "Short Title, Purpose, and Authority", consisting of Sections 104.101 through 10-4.103, Article 2 entitled "Land Divisions: Four or Less Parcels", consisting of Sections 104.201 through 10-4.222, Article 3 entitled "Parcel Maps: Five or More Parcels", consisting of Sections 104.301 through 10-4.312, Article 4 entitled "Tentative Maps", consisting of Sections 10-4.401 through 104.410, Article 5 entitled "Final Maps", consisting of Sections 10-4.501 through 10-4.514, Article 6 entitled "Private Road Subdivisions", consisting of Section 10-4.601, Article 7 entitled "Property Owners' Associations", consisting of Section 10-4.701, Article 8 entitled "Environmental Impact and Grading and Erosion Control", consisting of Sections 10-4.801 and 10-4.802, Article 9 entitled "Dedications", consisting of Sections 10-4.901 through 10-4.916, Article 10 entitled "Definitions". consisting of Sections 10-4.1001 through 10-4.1020, Article 11 entitled "Technical Committee", consisting of Sections 10-4.1101 through 104. l 103, Article 12 entitled "Improvement Standard", consisting of Sections 10-4.1201 through 10-4.1203. Article 13 entitled "Reversions to Acreage", consisting of Section 10-4.1301, Article 14 entitled "Variances", consisting of Section 10-4.1401, Article 15 entitled "Fees", consisting of Sections 10-4.1501 and 104.1502, Article 16 entitled "Judicial Review", consisting of Section 10-4.1601, Article 17 entitled "Correction and Amendment of Maps", consisting of Sections 10-4.1701 through 10-4.1704. Article 18 entitled "Violations: Penalties", consisting of Sections 10-4.1801 through 10-4.1803, Article 19 entitled "Lot Line Adjustments", consisting of Sections 10-4.1901 through 10-4.1906, and Article 20 entitled "Mergers of Parcels", consisting of Sections 10-4.2001 through 10-4.2003, as added by said Ordinance No. 658, as amended by Ordinance Nos. 792, effective February 23, 1978, 856, effective December 28, 1978, 858, effective December 13, 1978, 896, effective July 12, 1979, 980, effective August 21, 1980, 1043, effective August 27, 1981, 1055, effective August 25, 1981, 1069, effective January 7, 1982, and 4, effective September 23, 1982, repealed by Ordinance No. 87-2, effective March 12, 1987.

Article 1. - General Provisions

Sec. 10-4.100. - Annual reviews.

In order to assure continuing compliance with the provisions of the Subdivision Map Act, this chapter shall be reviewed and updated annually between January 1 and March 1. A Subdivision Review Committee, appointed by the Board, consisting of members from the Department of Public Works, Planning Department, Assessor's office, and Health Department and four (4) members of the public at large shall perform the review.

continuing compliance with the provisions of the Subdivision Map Act, this chapter shall be reviewed and updated annually between January 1 and March 1. A Subdivision Review Committee, appointed by the Board, consisting of members from the Department of Public Works, Planning Department, Assessor's office, and Health Department and four (4) members of the public at large shall perform the review.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.101. - Citation and authority.

This chapter is adopted to supplement and implement the Subdivision Map Act, Sections 66410 et seq. of the Government Code of the State, and may be cited as the "Subdivision Law of Siskiyou County" (66410). (§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.102. - Purpose.

It is the purpose of this chapter to regulate and control the division of land within the County and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions. To accomplish this purpose, the regulations set forth in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare and to promote orderly growth and development.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.103. - Conformity to the General Plan and zoning provisions.

No land shall be subdivided which is not in conformity with the General Plan or permitted by the zoning provisions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.104. - Modifications of requirements.

Whenever, in the opinion of the Planning Commission, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.105. - Improvement standards. Sec. 10-4.105.1. - Conformance with specifications.

Improvements shall be in accordance with the specifications of the County Land Development Manual, adopted by resolution of the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.105.2. - Minimum standards. ¶

The subdivision improvements referred to in this chapter, or adopted by reference, shall be the minimum standards for subdivision improvements. Upon findings by the Planning Commission and/or the Board that the public health, safety, and welfare so require, greater standards may be imposed.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.105.3. - Lot design.

Lot sizes shall be approved for sanitary considerations by the County Health Officer but in no case shall be less than the following:

(a)

When water from an approved system and a public sewer is provided, the minimum lot size shall be 7,200 square feet, with a minimum frontage of sixty (60') feet at the building setback line. Corner lots shall have a minimum frontage of sixty-five (65') feet.

(b)

When water from an approved system is provided and on-site sewage disposal systems are required, the minimum lot size shall be two and one-half (2 ½) acres. The County Health Officer is hereby authorized to waive the requirement that the minimum parcel size for parcels served by individual sewage disposal systems from two and one-half (2 ½) acre parcels to not less than one acre parcels if it is determined by the County Health Officer that the parcel to be created containing less than two and one-half (2 ½) acres meets the standards adopted by the Board for the creation of a parcel less than the two and one-half (2 ½) acre minimum parcel size.

(c)

The depth of any lot shall not exceed three (3) times the width on lots of 300 feet or less in width nor exceed four (4) times the width on lots exceeding 300 feet in width, except that where the frontage of the lot exceeds a width of 600 feet, an exception to the ratio required by this subsection may be granted provided there is no prejudice to the public interest, and such exception conforms to reasonable lot configuration.

(d)

Lot side lines shall be at approximately right angles or radial to street or road lines.

(e)

No lot shall have double frontage unless otherwise approved by the Planning Commission.

(f)

No lot shall be divided by city, County, school district, or other taxing agency lines unless otherwise approved pursuant to Section 10-4.104 of this article.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

Sec. 10-4.106. - Access.

All lots created pursuant to the provisions of this chapter shall have access in accordance with the Circulation Element of the General Plan.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.107. - Environmental impact.

No tentative parcel map or tentative map shall be approved until an environmental analysis is processed and considered in accordance with the provisions of the "Siskiyou County Guidelines for Implementation of the California Environmental Control Act."

(§ II, Ord. 87-2, eff. March 12, 1987).

Sec. 10-4.108. - Grading and erosion control.

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, set forth in the Siskiyou County Land Development Manual (66411).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.109. - Fees.

The filing, inspection, and checking fees required by this chapter shall be designated by ordinance of the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 2. - Definitions and Responsibilities

Sec. 10-4.201. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section. The definitions set forth in this section shall apply to the provisions of this chapter only and shall not affect any other provisions of law.

(a)

Advisory Agency. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of

requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps (66415).

(b)

Block. The area of land within a subdivision which area is entirely bounded by streets, highways, or the exterior boundary or boundaries of the subdivision.

(c)

Board. The Board of Supervisors of the County of Siskiyou.

(d)

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on the real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of the real property.

(e)

Conversion. The creation of a separate ownership of existing real property, together with a separate interest in space of residential, industrial, or commercial buildings.

(f)

Design.

(1)

Street alignments, grades, and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and the grades thereof;

(3)

The location and size of all required easements and rights-of-way;

(4)

Fire roads and fire breaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Other specific requirements in the plan and configuration of the entire subdivision as may be necessary to insure consistency with, or the implementation of, the General Plan or any adopted Specific Plan (66418).

(g)

Double frontage. A lot which fronts upon two (2) parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

(h)

Environmental Impact Report (EIR). A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 22100 of the California Environmental Quality Act and may mean either a draft or a final EIR.

(i)

Final map. A map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act, and designed to be recorded in the office of the County Recorder.

(j)

General Plan. The General Plan of Siskiyou County, adopted August 12, 1980, and any amendments thereto.

(k)

Improvement.

(l)

"Improvement" refers to street work, storm drainage, utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

(2)

"Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by

the local agency, or by a combination thereof, is necessary or convenient to insure consistency with or the implementation of the General Plan or any adopted Specific Plan (66419).

(1)

Initial study. An initial study identifies potentially significant effects on the environment, including revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review which would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur.

(m)

Land Development Manual Standards. Standard specifications and plans and other standards approved by the Board which standards shall govern the improvements to be constructed pursuant to this chapter and the Subdivision Map Act.

(n)

Lot. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map, or by metes and bounds for the purpose of sale, lease, or separate use.

(o)

Lot line adjustment. A lot line adjustment between two (2) or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the County. The County shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustments will conform to local zoning and building laws. The County shall not impose conditions or exactions on its approval of a lot line adjustment, except to conform to local zoning and building laws or except to facilitate the relocation of existing utilities, infrastructures, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded.

(p)

Merger. The joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

(q)

Negative declaration. A written statement briefly describing the reasons a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report.

(r)

Parcel map. A map showing a division of land of four (4) or less parcels as required by this chapter, or as required by Section 10-4.303 of Article 3 of this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act.

(s)

Peripheral street. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

(t)

Potable water. Water quality which meets State drinking water standards.

(u)

Public sewer. A sewer system or facility owned, operated by, or under the control of a public agency, district, property owners' association, or service area and available to more than one parcel, including collection, treatment, and disposal facilities.

(v)

Public water system. A system for the provision of piped water to the public for human consumption which system has five (5) or more service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

(w)

Remainder. When a subdivision, as defined in Section 66424 of the Government Code of the State, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

For such a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for the development of the remainder parcel is issued by the County or until the construction of the improvements is required pursuant to an agreement between the subdivider and the County. In the absence of such an agreement, the County may require the fulfillment of the construction requirements within a reasonable time following the approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the County that the fulfillment of the construction requirements is necessary for reasons of:

(1)

The public health and safety; or

(2)

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

A designated remainder may subsequently be sold without any further requirements of the filing of a parcel map or final map, but the County may require a certificate of compliance or conditional certificate of compliance.

(x)

Sanitary sewer. A sewage collection system for the purpose of carrying wastewater to a treatment facility.

(y)

Subdivider. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others, except that employees and consultants of persons or entities, acting in such capacity, are not subdividers (66423).

(z)

Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code of the State, a community apartment project, as defined in Section 11004 of the Business and Professions Code of the State, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code of the State. As used in this section, "agricultural purposes" shall mean the cultivation of food or fiber or the grazing or pasturing of livestock (66424).

"Subdivision" shall not include:

(1)

The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

(2)

Mineral, oil, or gas leases;

(3)

Land dedicated for cemetery purposes pursuant to the Health and Safety Code of the State;

(4)

A lot line adjustment;

(5)

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel;

(6)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(7)

The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 of the Government Code of the State or second units pursuant to Section 65852.2 of said Government Code, but this chapter shall be applicable to the sale or transfer, but not leasing, of such units; and

(8)

The subdivision of four (4) parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet.

(aa)

Subdivision Map Act. Sections 66410 through 66499 of the Government Code of the State.

(ab)

Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it (66424.5).

(ac)

Tentative parcel map. A map made for the purpose of showing the design and improvements of a proposed subdivision not requiring a final map and the existing conditions in and around the subdivision.

(ad)

Water supply. A sustained source of potable water shall be available to each parcel by an on-site drilled well, connection to a public water system, or other source approved by the Health Department.

(ae)

Zoning provisions. Chapter 6 of Title 10 of this Code or any ordinance enacted pursuant to zoning laws.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.202. - Responsibilities. Sec. 10-4.202.1. - County Counsel.

The County Counsel shall be responsible for approving as to form all subdivision improvement agreements.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.202.2. - Board of Supervisors.

The Board shall have final jurisdiction in the:

(a)

Approval of final maps;

(b)

Approval of improvement agreements;

(c)

Acceptance or rejection of any real property offered for dedication by map; and

(d)

Approval or denial of involuntary mergers and reversions to acreage.

The Board shall be the Appeal Board for decisions of the Planning Commission.

(§ II, Ord. 87-2, eff. March 12, 1987)

Reviews and recommendations on involuntary mergers;

(d)

The processing and approval of time extensions; and

(e)

Reviews and recommendations on reversions to acreage.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.202.6. - County Health Officer.

The County Health Officer shall be responsible for determining that subdivisions have adequate provisions for domestic water supply and sewage disposal.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 3. - Maps Required

Sec. 10-4.301. - General.

The necessity for tentative maps, final maps, tentative parcel maps, and parcel maps shall be governed by the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.302. - Divisions of land: Five or more parcels.

A tentative map and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code of the State, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

(a)

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or

(b)

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(c)

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the governing body as to street alignments and widths; or

(d)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.

A parcel map shall be required for the subdivisions described in subsections (a), (b), (c), and (d) of this section (66426).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.303. - Divisions of land: Four or less parcels.

(a)

A tentative parcel map and parcel map shall be required for divisions into four (4) or fewer parcels, except that a tentative parcel map and parcel map shall not be required for:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code of the State, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing (66411);

(2)

Land conveyed to or from a governmental agency, public entity, or public utility or land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map (66428); and

(3)

Lot line adjustments.

(b)

A plat map, in a form as required by the Planning Department, shall be required for lot line adjustments, mergers, and certificates of compliance.

(c)

A tentative parcel map shall be required for proposed divisions requesting a waiver of a parcel map pursuant to Section 10-4.502.8 of Article 5 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.304. - Vesting tentative maps.

(a)

A vesting tentative map shall be filed and processed in the same manner as a tentative map, except that it shall have printed conspicuously on its face the words "Vesting Tentative Map".

(b)

Whenever a vesting tentative map is approved, the approval shall confer a vested right to proceed with development in substantial compliance with the laws, policies, and standards in effect at the time the Planning Department has determined the application is complete.

(c)

Notwithstanding subsection (b) of this section, the approving body may condition or deny a permit approval, extension, or entitlement if the approving body determines any of the following:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety or both; or

(2)

The condition or denial is required in order to comply with State or Federal laws.

(d)

The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the following time limits:

(1)

The vesting time period shall be two (2) years after the recording of a final map or each and every phase thereof.

(2)

The time limit set forth shall be automatically extended by the County for processing a grading permit or for design or architectural review if the time used by the local agency to process the application exceeds thirty (30) days after the date a complete application is filed. Any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal such denial to the legislative body within fifteen (15) days.

(3)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (1) of this subsection, the rights conferred by this section shall continue until the expiration of such permit, or any extension of such permit, granted by the County.

(e)

Consistent with subsection (b) of this section, an approved, or conditionally approved, tentative map shall not limit the County from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the laws, policies, and standards described in subsection (b) of this section.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

Sec. 10-4.305. - Fees and deposits.

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by the County's ordinance establishing fees and charges.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.306. - Vesting tentative map amendments.

If the laws, policies, or standards described in subsection (b) of Section 10-4.304 of this article are changed subsequent to the approval, or conditional approval, of a vesting tentative map, the subdivider, or his assignees, at any time prior to the expiration of the vesting tentative map pursuant to subsection (d) of said Section 10-4.304, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed laws, policies, or standards. The application shall clearly specify the changed laws, policies, or standards for which the amendment is sought. The application shall be processed in the same manner as other tentative map amendments.

(§ I, Ord. 87-17, eff. July 23, 1987)

Article 4. - Tentative Maps and Final Maps

Sec. 10-4.401. - Tentative maps.

Sec. 10-4.401.1. - General.

A tentative map shall show the design, improvements, and existing conditions of the proposed final map subdivision.

Tentative maps shall be prepared by or under the direction of a State registered civil engineer or licensed land surveyor. The engineer or surveyor shall sign the map to indicate his responsibility. His address and registration or license number shall be shown.

(§ II, Ord. 8 7-2, eff. March 12, 1987)

Sec. 10-4.401.2. - Form and contents.

The form and contents of a tentative map shall comply with the following:

(a)

Size, scale, and north arrow. The size of the map sheet shall be eighteen (18″) inches by twenty-six (26″) inches or larger but shall not exceed twenty-four (24″) inches by thirty-six (36″) inches. The map shall be drawn to scale. A north arrow and bar scale shall be shown.

(b)

Legibility. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

The map shall contain the following information:

(c)

Title. A title identifying the type of subdivision, the tract number, the subdivision name, if any, the Assessor's parcel number, and the general location, including the section, township, and range;

(d)

Proponents. The name and address of the fee title owner and the subdivider;

(e)

Soils and geologic reports. When a preliminary soils and/or geologic report has been prepared, such fact shall be noted on the map, together with the date of the report and the name of the engineer or geologist who made the report;

(f)

Date. The date the map was prepared and the date of any map revisions;

(g)

Vicinity map. A vicinity map showing roads and other data sufficient to locate the proposed subdivision and showing the relationship to the surrounding area;

(h)

Mapping index. When there are three (3) or more map sheets delineating lots, a clear and legible index shall be included showing the entire subdivision, all roads and blocks, and the relationship of each map sheet to the subdivision;

(i)

Boundary. Sufficient information to indicate the boundary of the proposed subdivision, including the approximate dimensions;

(j)

Easements. The location, dimensions, identity, and purpose of all easements, existing and proposed;

(k)

Access. The existing and proposed access from a public road to all lots, including any remainder parcel, shall be delineated, including right-of-way widths and approximate grades.

Where access is by an existing easement, the deed reference shall be shown;

(1)

Adjoining properties. The identity or name of all adjoining subdivisions and adjoining record owners;

(m)

County and city boundaries. County and city boundaries which cross or adjoin the subdivision;

(n)

Tax rate area boundaries. All tax rate area boundaries which cross the subdivision;

(o)

Land use. The existing and proposed land uses;

(p)

Noise level. The approximate locations of the typical sixty (60), sixty-five (65), and seventy (70) Community Noise Equivalent Level contours as disclosed by the General Plan;

(q)

Existing topography. The existing topography of the proposed subdivision, including, but not limited to:

(1)

Existing contours, including the source and date thereof, with the intervals determined by the slope of the ground as follows:

Slope	Contour Interval
0 to 2%	2'
2 to 30%	5'
30 to 50%	10'
Over 50%	25'

The Department of Public Works may authorize modifications of the contour intervals when conditions warrant.

When the subdivision, or any portion thereof, is in a flood hazard area, contours and elevations shall be based on the National Geodetic Vertical Datum.

The Department of Public Works may require topography, contours, and elevations beyond the boundaries of the subdivision when necessary to define significant features which may affect the development of the site;

(2)

The approximate location, outline, and use of existing structures (including wells). Structures to be removed shall be so marked;

(3)

The approximate location of all areas subject to inundation or storm water overflow and the location and direction of flow of all watercourses; and

(4)

The location, right-of-way width, pavement or traveled way width, grade, and name of all existing roads, streets, and highways;

(r)

Proposed improvements. The proposed improvements to be shown shall include, but not be limited to:

(1)

The approximate layout, dimensions, and area of each lot. The lot and block numbers and any designated remainder;

(2)

The location, name, grade, length, and radius of curves and cul-de-sacs, right-of-way widths, and typical sections of all roads and streets; and

(3)

The location of any common areas, open space, trails, parks, and recreation sites;

(s)

Grading. Sufficient data to determine that any proposed or required grading for building sites and cut-fill slopes can be constructed in accordance with the County Land Development Manual. Data shall be sufficient to locate sewage systems when applicable;

(t)

Drainage. The location, size, type, and slope of all existing and proposed storm drains and drainage structures;

(u)

Water and sewage. The proposed source of potable water supply and method of sewage disposal; the location, size, and type of proposed and existing sanitary sewers and water mains; and the approximate slope of proposed and existing sanitary sewers;

(v)

Dedications. All roads and areas to be offered for public dedication shall be clearly delineated and identified.

Roads intended for the private use of the subdivision shall be labeled as "private road"; and

(w)

Modifications, waivers of requirements. The Planning Department, with the consent of the Department of Public Works and the Health Department as may be necessary, may modify or waive any of the requirements set forth in this section when there are circumstances peculiar to the proposed subdivision which justify the change.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.3. - Accompanying data and reports.

The tentative map shall be accompanied by the following data or reports:

(a)

Soils reports. A preliminary soils report, prepared by a civil engineer and based upon adequate test borings, shall be required for every subdivision for which a final map is required. The preliminary soils report shall be prepared in accordance with the provisions of the Subdivision Map Act and the County Land Development Manual.

The preliminary soils report may be waived if the Director of Public Works determines that, due to specific knowledge of the qualities of the soils on the site, no such preliminary analysis is necessary.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soils investigation of each lot which may be affected by such soils problems will be required. Such soils investigation shall recommend the corrective action which is likely to prevent structural damage to each structure to be constructed in the area where the soil problem exists;

(b)

Title reports. A preliminary title report showing the legal owners at the time of filing the tentative map;

(c)

Engineering geology and/or seismic safety reports. If the subdivision lies within a "medium risk" or "high risk" geologic hazard area, as shown on maps on file in the Planning Department, a preliminary engineering geology and/or seismic safety report shall be prepared. If the preliminary engineering geology and/or

seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision;

(d)

Environmental reviews. The various time limits for processing applications shall not commence until an appropriate environmental review is completed in accordance with Section 10-4.107 of Article 1 of this chapter; and

(e)

Other reports. Any other data or reports deemed necessary by the Planning Department.

Subsections (a), (c), and (d) of this section shall not apply to condominium conversions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.4. - Submittal to the Planning Department.

The tentative map shall be received for filing only when such map conforms to Section 10-4.401.2 of this article and when all accompanying data or reports, as required by Section 10-4.401.3 of this article, have been submitted to and accepted by the Planning Department. The subdivider shall file with the Planning Department the number of tentative maps the Planning Director may deem necessary.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.5. - Planning Department reviews and subdivision conferences.

The Planning Department shall forward copies of the tentative map to the affected public agencies which, in turn, may forward to the Planning Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

Within ten (10) days after the filing of a tentative map, the Planning Department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district

within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, the density, and any other information which would be relevant to the affected school district. The governing board may review the notice and may send a written report to the agency required by law to approve the tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a twenty (20) working day period after the receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving or conditionally approving the tentative map (66455.7).

Upon the completion of the review by the Planning Department and prior to the date the tentative map is scheduled for Planning Commission action, the Planning Department may hold a subdivision conference on its own initiative. A subdivision conference shall be held if requested by the subdivider. Advance written notice of the subdivision conference shall be given to the subdivider or agent and to all affected agencies. The results of the subdivision conference shall be reported to the Planning Commission. A copy of the report shall be served to the subdivider at least three (3) days prior to any hearing or action on the map by the Planning Commission.

(§ II Ord 87-2 eff. March 12, 1987)

Sec. 10-4.401.6. - Planning Commission action. Sec. 10-4.401.6.1. - Notice of public hearings.

Upon the acceptance of a valid application, the Planning Department shall set the matter for a public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, and a general description of the area affected, and the street address, if any, of the property involved (66451.3).

The notice shall be published at least once in a newspaper of general circulation published and circulated in the County.

In addition to notice by publication, the Planning Department shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application and along all affected easements.

In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

In the event the proposed application has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the County shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. The request may be submitted at any time during the calendar year

and shall apply for the balance of the calendar year. The County may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of mailing.

Substantial compliance with the provisions of this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article.

The Planning Commission shall approve, conditionally approve, or deny the tentative map and shall report its decision to the Board and the subdivider within fifty (50) days after the tentative map has been accepted for filing.

If an environmental impact report is prepared, the decision shall be made within forty-five (45) days after the certification of the environmental impact report.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.6.2. - Approval.

In approving or conditionally approving the tentative map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable General or Specific Plans adopted by the County.

The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department's report, except conditions required by County laws or standards approved by the Board. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable provisions of the Subdivision Map Act, this chapter, or other County laws, and it shall be the duty of the County Clerk to certify the approval.

Notwithstanding the provisions of Section 10-4.401.6.3 of this article, the Planning Commission may approve a tentative map or tentative parcel map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to subsection (c) of Section 21081 of the Public Resources Code of the State that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.6.3. - Denial.

The tentative map may be denied by the Planning Commission on any of the grounds provided by County laws or the Subdivision Map Act. The Planning Commission shall deny approval of the tentative map if the Planning Commission makes any of the following findings (66474):

(a)

That the proposed map is not consistent with applicable General and Specific Plans;

(b)

That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(c)

That the site is not physically suitable for the type of development;

(d)

That the site is not physically suitable for the proposed density of development;

(e)

That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(f)

That the design of the subdivision or the type of improvements is likely to cause serious public health problems; or

(g)

That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or the use of property within the proposed subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.6.4. - Board of Supervisors reviews.

If a tentative map is approved or conditionally approved, the Planning Department shall make a written report to the Board. Within ten (10) days, or at its next succeeding regular meeting after the receipt of such report, unless the subdivider consents to a continuance, the Board may review the map and the conditions imposed by the Planning Commission. If the Board decides to review the map and conditions, the Board shall conduct a public hearing after giving notice pursuant to Section 10-4.401.6.1 of this article. In addition, notice shall be given to the subdivider and the Planning Commission. At such hearing the Board may add, modify, or delete conditions when the Board determines that such changes are necessary to insure that the tentative map conforms to zoning conditions imposed upon the property, applicable County laws, and the Subdivision Map Act. The Board may deny the tentative map on any of the grounds set forth in Section 10-4.401.6.3 of this article. If the Board does not act within the time limits set forth in this article,

the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission's report.

(§ II, Ord. 872, eff. March 12, 1987)

Sec. 10-4.401.6.5. - Extensions of time for Planning Commission or Board of Supervisors action.

The time limits set forth in Section 10-4.401.6.1 of this article for acting on the tentative map may be extended by the mutual consent of the subdivider and the Planning Commission or the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.7. - Appeals of Planning Commission action. Sec. 10-4.401.7.1. - By subdividers.

If the subdivider disagrees with any action by the Planning Commission with respect to the tentative subdivision map, the subdivider within ten (10) days after the decision, may file an appeal with the County Clerk, accompanied by a fee set by the Board. The Board shall consider the appeal within thirty (30) days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. Such appeal shall be a public hearing after notice has been given pursuant to Section 104.401.6.1 of this article. In addition, notice shall be given to the subdivider and the Planning Commission and, upon the conclusion of the public hearing, the Board, within ten (10) days, shall declare its findings. The Board may sustain, modify, reject, or overrule any recommendation or ruling of the Planning Commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § II, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.401.7.2. - By interested persons adversely affected.

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the Board concerning such decision. Any such complaint shall be filed with the County Clerk within ten (10) days after the action which is the subject of the complaint, accompanied by a fee set by the Board. No complaint shall be considered after the ten (10) day period. The Board, at its discretion, may reject the complaint within fifteen (15) days or set the matter for a hearing. If the Board rejects the complaint, the complainant shall be notified of such action. If the matter is set for a hearing, a public hearing shall be held within thirty (30) days after filing the complaint pursuant to the procedures contained in Section 104.401.7.1 of this article with additional notice being given to the affected interested persons.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § II, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.401.7.3. - By tenants.

Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative may appeal from any action of the Planning Commission pursuant to the Subdivision Map Act and Section 104.401.7.1 of this article, accompanied by a fee set by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § II, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.401.7.4. - For General Plan and Specific Plan conformity.

Any interested person may appeal any decision of the Planning Commission relative to conformity to the General Plan or any Specific Plan of the County to the Board. Such appeal and the hearing thereon shall be in accordance with Section 104.401.7.1 of this article, with additional notice to be given to the appellant.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.401.8. - Expiration and extensions. Sec. 10-4.401.8.1. - Expiration.

The approval or conditional approval of a tentative subdivision map shall expire twenty-four (24) months after the date of the adoption of the resolution by the Planning Commission approving or conditionally approving the map or the date of the Board review, if any. An extension of the expiration date may be approved as provided in subsection (b) of Section 10-4.401.8.2 of this article (66452.6 (a)).

Within ten (10) days after the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving such request, the Board shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Board, within ten (10) days, shall declare the findings.

est a stay in the time period of the tentative map. Within forty (40) days after receiving such request, the Board shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Board, within ten (10) days, shall declare the findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

The expiration of an approved or conditionally approved tentative map shall terminate all proceedings, and no final map of all or any portion of the real property included within the tentative map shall be filed with the County Surveyor pursuant to Section 10-4.402.4.5 of this article without first processing a new tentative map. Once a timely filing is made with the County Surveyor, subsequent actions by the County, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

Sec. 10-4.401.8.2. - Extensions.

(a)

(1)

All lot corners and angle points;

(2)

All angle points on the subdivision boundary; and

(3)

The center line of all streets at:

(i)

The beginning and ending of curves;

(ii)

Street intersections; and

(iii)

The radius point of cul-de-sacs.

(c)

All angle points on the subdivision boundary shall be monumented before the map is recorded.

(d)

The County Surveyor may authorize alternate monument locations and delete monuments if conditions warrant.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.2. - Closure sheets. ¶

Maps submitted to the County Surveyor to be checked shall be accompanied by closure/calculation sheets for the exterior boundary and all blocks, lots, easements, roads, enclosed areas, subdivisions of section lines, and survey lines shown on the map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.3. - Form and contents.

The form and contents of the final map shall comply with the provisions of this section and Article 2 of Chapter 2 of the Subdivision Map Act.

(a)

Boundary. The exterior boundary of the subdivision shall be delineated on the map by distinctive symbols and clearly so designated. The map shall show clearly the survey points, monuments, or other evidence which was found on the ground to determine the boundary and show the measurements thereto.

(b)

Monuments. The location and description of all existing and proposed monuments shall be shown.

(c)

Basis of bearings. The basis of bearings and the monuments used shall be clearly shown or noted.

(d)

Dimensions. Sufficient dimensions shall be shown to determine the bearings and lengths of monument lines, street center lines, the boundary lines of the subdivision, and the boundary lines of every lot and parcel which is a part of the subdivision.

The radius, total arc length, and total central angle of all curves shall be shown.

Ditto marks shall not be used in the dimensions and data shown on the map.

(e)

Title. Each sheet of the map shall contain a title block showing the name and tract number of the subdivision followed by a subtitle consisting of the general location of the subdivision, including the section, township, range, and the words "Siskiyou County".

(f)

Scale and north arrow. A bar scale and north arrow shall be shown on each mapping sheet.

(g)

Legibility. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

(h)

Vicinity map. For subdivisions of five (5) parcels or more, a small scale vicinity map shall be included which shows the location of the subdivision in relation to the surrounding area.

(i)

Mapping index. When there are three (3) or more map sheets delineating lots, a clear and legible index shall be included showing the entire subdivision and all roads, blocks, and the relationship of each map sheet to the subdivision.

(j)

Lots. Each lot shall be shown entirely on one sheet of the map. The area of each lot shall be shown.

(k)

Street names. The names, without abbreviation, of all streets, roads, and highways within and adjoining the subdivision shall be shown.

(1)

County and city boundaries. County and city boundaries which cross or join the subdivision shall be clearly designated and dimensioned.

(m)

Adjoining properties. All adjoining properties shall be identified on the map by reference to the adjacent recorded subdivision map or by reference to the book and page number of the adjacent recorded deed.

(n)

Easements. Easements shall be shown by dashed lines.

All easements of record, except those blanket in nature, shall be clearly delineated, dimensioned, and identified on the map, including the use or purpose of the easement and the County Recorder's identification number of the deed.

Blanket easements of record shall be listed on the map with the name of the owner of the easement and the County Recorder's identification number of the deed.

Those easements being created on the map shall be clearly delineated, dimensioned, and identified, including the purpose of the easement and the appurtenant property.

(o)

Certificates of soils and geologic reports. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report, and the location where the reports are on file.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4. - Submittal for County approval. Sec. 10-4.402.4.1. - Preliminary submittal.

The subdivider shall submit prints of the final map to the Director of Public Works for checking. The preliminary prints shall be accompanied by the following data in a form approved by the Director of Public Works:

(a)

Improvement plans. Improvement plans as required by Section 10-4.806 of Article 8 of this chapter;

(b)

Soils reports. In accordance with Section 10-4.401.3 of this article, a soils report shall be submitted for those areas having critically expansive soils or other soil problems which, if not corrected, would lead to structural defects. Soils reports shall be prepared by, and signed by, a qualified civil engineer registered in the State;

(c)

Evidence of title. A title report or other evidence of title in accordance with Section 66465 of the Subdivision Map Act;

(d)

Improvement bond estimates. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or private common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the Public Utilities Commission of the State;

(e)

Deeds for easements or rights-of-way. Deeds for off site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map; and written evidence acceptable to the County in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

(f)

Traverse closures. Traverse closures for the boundary, blocks, lots, easements, street center lines, and monument lines;

(g)

Hydrology and hydrologic calculations. Complete hydrology and hydraulic calculations of all storm drains when requested by the Department of Public Works;

(h)

Organization documents. The submittal of the final map shall include the proposed declaration of covenants, conditions, and restrictions and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State. All documents shall be subject to review by the Director of Public Works and County Attorney; and

(i)

Other. Any additional data, reports, or information as required by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4.2. - Taxes and assessments.

The subdivider shall file a taxes and assessment certificate in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4.3. - Reviews by the County Surveyor.

The County Surveyor shall review the final map, and the subdivider's engineer or surveyor shall make corrections and/or additions until the map conforms to the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4.4. - Approval by County Surveyor; Fees for review and approval.

The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the County Surveyor. If the County Surveyor determines that the final map is in final form, including all necessary signatures, and the tentative map approval has not expired as of the date of submittal to the County Surveyor, the County Surveyor shall deem the map filed and shall transmit the final map to the Board of Supervisors for its consideration.

The County Surveyor shall charge a fee of Two Hundred ($200.00) Dollars per hour plus Forty ($40.00) Dollars per hour for reviews/approvals that exceed five (5) hours.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987, and § II, Ord. 04-16, eff. December 14, 2004)

Sec. 10-4.402.4.5. - Approval by the Board of Supervisors.

The final map, after all required certificates have been signed and, where necessary, acknowledged, together with the subdivision improvement agreement, shall be placed on the Board's agenda for its approval. The Board shall consider the final map for approval within ten (10) days after filing with the County Clerk, or at its next regular meeting at which it receives the map, whichever is later. The Board shall have approved the subdivision improvement agreement before approving the final map.

If the subdivision improvement agreement and final map are approved by the Board, it shall instruct the chairman to execute the agreement on behalf of the County. If the subdivision improvement agreement and/or final map is unacceptable, the Board shall make its recommended corrections, instruct the Director of Public works to draft a new agreement, and/or cause the revision of the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4.6 - Denial by the Board of Supervisors.

The Board shall deny approval of the final map upon making any of the findings contained in Section 104.401.6.3 of this article.

The Board shall not deny approval of the final map if the Board finds that the final map is in substantial compliance with the previously approved tentative map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.402.4.7. - Filing with the County Recorder.

Upon the approval of the final map by the Board, the County Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the County Recorder.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 5. - Parcel Maps

Sec. 10-4.501. - Tentative parcel maps. Sec. 10-4.501.1. - Required.

A tentative parcel map showing the design, improvements, and existing conditions of the proposed parcel map subdivision shall be required.

The tentative parcel map shall be prepared by or under the direction of a State registered civil engineer or licensed land surveyor. The engineer or surveyor shall sign the map to indicate his responsibility, and his address and registration or license number shall be shown.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.2. - Form and contents: Five parcels or more.

The form and contents of a tentative parcel map having five (5) parcels or more shall comply with Section 10-4.401.2 of Article 4 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.3. - Form and contents: Four parcels or less.

The form and contents of a tentative parcel map having four (4) parcels or less shall comply with the following:

(a)

Size and scale. The size of the map sheet shall be at the discretion of the engineer or surveyor but shall not exceed eighteen (18″) inches by twenty-six (26″) inches.

The map shall be drawn to scale, and a bar scale shall be shown.

(b)

Legibility. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

The map shall contain the following information:

(c)

Location. The Assessor's parcel numbers and the general location, including the section, township, and range;

(d)

Proponents. The name and address of the fee title owner and the subdivider;

(e)

Date and north arrow. The date the map was prepared, the date of any map revisions, and a north arrow;

(f)

Vicinity map. A vicinity map showing the location of the subdivision in relation to the surrounding area;

(g)

Boundary. Sufficient information to define the boundary of the proposed subdivision, including approximate dimensions;

(h)

Easements. The location, dimensions, identity, and purpose of all easements, existing and proposed;

(i)

Access. The existing and proposed access from a public road to all lots, including any remainder parcel, shall be delineated, including right-of-way widths and approximate grades. Where access is by an existing easement, the deed reference shall be shown;

(j)

Adjoining properties. The identity or name of all adjoining subdivisions and adjoining record owners;

(k)

County and city boundaries. County and city boundaries which cross or adjoin the subdivision;

(l)

Tax rate area boundaries. All school district and special district boundaries which cross the subdivision;

(m)

Land use. The existing and proposed land uses;

(n)

Noise level. The approximate locations of the sixty (60), sixty-five (65), and seventy (70) Community Noise Equivalent Level contours, if any;

(o)

Existing topography. The existing topography of the proposed subdivision, including, but not limited to:

(1)

The slope of the land in sufficient detail to provide an accurate representation of the terrain, including the approximate location of significant changes in the slope;

(2)

The approximate location and identity of all significant features of topography, including, but not limited to, hills, ridges, bluffs, canyons, gullies, drainage routes, slide areas, and unstable areas;

(3)

For those areas of the proposed subdivision which are within or in the near vicinity of a flood hazard area, contours shall be shown in compliance with subsection (1) of subsection (d of Section 10-4.401.2 of Article 4 of this chapter;

(4)

The approximate location, outline, and use of existing structures. Structures to be removed shall be so marked;

(5)

The approximate location of existing wells;

(6)

The approximate location of all areas subject to inundation or stormwater overflow and the location, dimensions, and direction of flow of all watercourses; and

(7)

The location, name, right-of-way width, pavement or traveled way width, and grade of all existing roads, streets, and highways;

(p)

Proposed improvements. The proposed improvements to be shown shall include, but not be limited to:

(1)

The approximate layout, dimensions, and area of each lot;

(2)

Each lot shall be identified by number or letter and any designated remainder;

(3)

The location, name, grade, length, radius of curves and cul-de-sacs, right-of-way width, and typical section of all roads and streets; and

(4)

The location of any common areas, open space, and trails;

(q)

(r)

Drainage. The location, size, type, and slope of all existing and proposed storm drains and drainage structures;

(s)

Water and sewage. The proposed source of potable water and method of sewage disposal; the location of existing septic systems; the location, size, and type of proposed and existing sanitary sewers and water mains; and the approximate slope of proposed and existing sanitary sewers;

(t)

Dedications. All roads and areas to be offered for public dedication shall be clearly delineated and identified.

Roads intended for the private use of the subdivision shall be labeled as "private road"; and

(u)

Modifications or waivers of requirements. The Planning Department, with the consent of the Department of Public Works and the County Health Department as may be necessary, may modify or waive any of the requirements set forth in this section when there are circumstances peculiar to the proposed subdivision which justify the change.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.4. - Submittal to the Planning Department.

The tentative parcel map shall be received for filing only when such map conforms to Section 10-4.501.2 or 10-4.501.3 of this article and has been submitted to and accepted by the Planning Department. The subdivider shall file with the Planning Department the number of tentative parcel maps the Planning Director may deem necessary.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.5. - Reviews and notice of public hearings.

The tentative parcel map shall be reviewed by the Planning Department for compliance with all applicable County laws and the Subdivision Map Act. Upon the completion of the review and upon the receipt of a valid application for the tentative parcel map, the Planning Director shall set the matter for a public hearing.

At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation published and circulated in the County.

In addition to notice by publication, the County shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application.

In addition, notice shall be provided to all owners on each side of any private access road which may be required to provide access to the property. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. A request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The County may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of mailing.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.6. - Action by the Planning Commission.

Upon the completion of the public hearing, the Planning Commission shall approve, conditionally approve, or deny the tentative parcel map. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider and engineer. If the subdivision is denied, the subdivider and the engineer shall be so notified in writing with a statement for the reasons of denial.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.7. - Approval or denial.

In approving or conditionally approving the tentative parcel map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable General or Specific Plans adopted by the County.

The tentative parcel map may be denied for any reason provided by County laws, resolutions, or the Subdivision Map Act. The Planning Commission shall deny the approval of the tentative parcel map if it makes any of the findings set forth in Section 10-4.401.6.3 of Article 4 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.8. - Conditions of approval.

In approving the tentative parcel map, the Planning Commission may impose as conditions of filing a parcel map any or all, but not limited to, the following requirements:

(a)

Frontage improvements;

(b)

On-site improvements;

(c)

Off-site improvements;

(d)

Dedications;

(e)

Applicable fees;

(f)

A soils and/or engineering geology report; and

(g)

Undergrounding utility lines on peripheral streets. Such requirements shall be in accordance with the provisions of this chapter. The subdivider and the engineer shall be notified in writing of all the conditions imposed.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.9. - Appeals of Planning Commission action. Sec. 10-4.501.9.1. - By subdividers.

If the subdivider disagrees with any action by the Planning Commission with respect to the tentative parcel map, the subdivider, within ten (10) days after the decision may file an appeal with the County Clerk, accompanied by a fee set by the Board. The Board shall consider the appeal within thirty (30) days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. Such appeal shall be a public hearing after notice has been given pursuant to Section 104.401.6.1 of Article 4 of this chapter. In addition, notice shall be given to the subdivider and the Planning Commission, and, upon the conclusion of the public hearing, the Board, within ten (10) days, shall declare its findings. The Board may sustain, modify, reject, or overrule any recommendation or ruling of the Planning Commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

dition, notice shall be given to the subdivider and the Planning Commission, and, upon the conclusion of the public hearing, the Board, within ten (10) days, shall declare its findings. The Board may sustain, modify, reject, or overrule any recommendation or ruling of the Planning Commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

(§ II, Ord. 872, eff. March 12, 1987, as amended by § III, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.501.9.2. - By interested persons adversely affected.

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the Board concerning such decision. Any such complaint shall be filed with the County Clerk within ten (10) days after the action which is the subject of the complaint, accompanied by a fee set by the Board. No complaint shall be considered after the ten (10) day period. The Board, at its discretion, may reject the complaint within fifteen (15) days or set the matter for a hearing. If the Board rejects the complaint, the complainant shall be notified of such action. If the matter is set for a hearing, a public hearing shall be held within thirty (30) days after filing the complaint pursuant to the procedures contained in Section 104.501.9.1 of this article with additional notice being given to the affected interested persons.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § III, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.501.9.3. - By tenants.

Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project may file an appeal from any action of the Planning Commission pursuant to the Subdivision Map Act and Section 104.501.9.1 of this article, accompanied by a fee set by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § III, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.501.9.4. - For General Plan and Specific Plan conformity.

Any interested person may appeal any decision of the Planning Commission relative to conformity to the General Plan or any Specific Plan of the County to the Board. Such appeal and the hearing thereon shall be in accordance with Section 104.501.9.1 of this article, with additional notice to be given to the appellant.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.10. - Expiration and extensions. Sec. 10-4.501.10.1. - Expiration.

The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months after the date of its approval:

The period of time specified shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative parcel map only if a stay of the time period is approved by the Board. Within ten (10) days after the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative parcel map. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Board, within ten (10) days, shall declare its findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.

The expiration of an approved or conditionally approved tentative parcel map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed with the County Surveyor pursuant to Section 10-4.502.6 of this article without first processing a new tentative parcel map. Once a timely filing is made with the County Surveyor, subsequent actions by the County, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative parcel map.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

Sec. 10-4.501.10.2. - Extensions.

Tentative parcel maps may be extended in accordance with Section 10-4.401.8.2 of Article 4 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.501.11. - Amendments to approved tentative parcel maps.

Amendments to tentative parcel maps or conditions of approval may be approved by the Planning Department upon an application by the subdivides or on its own initiative provided:

(a)

No lots or units are added;

(b)

Such changes are consistent with the intent of the original tentative parcel map approval; and

(c)

There are no resulting violations of this Code.

Any revision shall be approved by the Planning Director, Director of Public Works, and County Health Officer. The revision shall be denoted on the approved tentative parcel map and/or in writing to the subdivider, whichever is appropriate.

Any amendment shall not affect the expiration date of the approved tentative parcel map.

The Planning Director, Director of Public Works, or County Health Officer may require a new tentative parcel map application in lieu of the procedure set forth in this section when, in their opinion, requested changes are substantial enough to warrant refiling and reprocessing.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502. - Parcel maps.

Survey monuments comprising the boundary of the parcels to be created are already existing; and

(2)

Such monuments are shown on a map recorded in the County Recorder's office; and

(3)

Such recorded map contains sufficient survey information to accurately determine the boundary dimensions of the parcels to be created.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.2. - Closure sheets.

Closure/calculation sheets shall be submitted to the County Surveyor as required by Section 10-4.402.2 of Article 4 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.3. - Form and contents.

The form and contents of the parcel map shall comply with the provisions of Section 10-4.402.3 of Article 4 of this chapter and Article 3 of Chapter 2 of the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.4. - Preliminary submittals.

The subdivider shall submit prints of the parcel map to the County Surveyor for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by Section 10-4.402.4.1 of Article 4 of this chapter, "Preliminary submittal", and required fees.

The Director of Public Works may waive any of the requirements if the location and nature of the proposed subdivision does not need compliance with the requirements of Section 10-4.402.4.1 of Article 4 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.5. - Reviews by the County Surveyor.

The County Surveyor shall review the parcel map, and the subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the County Surveyor.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.6. - Approval by County Surveyor; Fees for review and approval.

The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the County Surveyor. If the County Surveyor determines that the parcel map is in final form, including all necessary signatures, and the tentative parcel map approval has not expired as of the date of submittal to the County Surveyor, the County Surveyor shall deem the map filed for processing purposes.

The County Surveyor shall charge a fee of Two Hundred ($200.00) Dollars per hour plus Forty ($40.00) Dollars per hour for reviews/approvals that exceed five (5) hours.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987, and § III, Ord. 04-16, eff. December 14, 2004)

Sec. 10-4.502.7. - Filing with the County Recorder.

The County Surveyor or authorized agent shall transmit the approved parcel map directly to the County Recorder.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.502.8. - Waivers of parcel map requirements.

The Planning Commission may waive the parcel map for the following:

(a)

A division of property resulting from the conveyance of land or interest to or from the County, public entity, or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, and the like; or

(b)

Upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local laws, and the Subdivision Map Act.

Survey monuments comprising the boundary of the parcel to be divided as existing in the ground and are shown on a map or maps recorded in the office of the County Recorder, and that the boundaries of the parcels to be created can be accurately determined from the survey information on such maps or from public roads, railroads, or streams, and such map or maps contain sufficient survey information to accurately determine the dimensions of the parcels to be created.

Upon waiving the parcel map requirement, the Planning Director shall cause to be filed with the County Recorder a legal description of the land to be divided.

A waiver of a parcel map by the Planning Commission may be conditioned to provide for the payment of drainage and other fees by a method approved by the Planning Commission.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

Sec. 10-4.502.9. - Taxes and assessments.

The subdivider shall file a taxes and assessment certificate in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 6. - Dedications and Reservations

Sec. 10-4.601. - Dedication of streets, alleys, and other public rights-of-way or easements.

As a condition of approval of a final map or parcel map, the subdivider may be required to dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider may be required to improve or agree to improve streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements (66475).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.601.1. - Waivers of direct street access.

The County may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within or abutting the subdivision.

The waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final map or parcel map (66476).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.601.2. - Acceptance or rejection. ¶

At the time the Board approves a final or parcel map, the Board shall also accept, accept subject to improvement, or reject any offer of dedication. If there is no action by the Board with regard to the offer of dedication, the offer shall be deemed to have been rejected (66477.1).

(a)

If, at the time the map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open, and the Board, by resolution at any later date and without further action by the subdivider, may rescind its action and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

(b)

In the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three (3) years after the approval of the map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, the offer of dedication of public access routes from public highways to any water of such lake or reservoir shall be accepted within five (5) years after the approval of the map. All other offers of dedication may be accepted at any time.

(c)

Offers of dedication which are covered by subsection (a) of this section may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9, or by Chapter 2 (commencing with Section 940) of Division 2, of the Streets and Highways Code of the State, whichever is applicable.

(d)

Offers of dedication which are not accepted within the time limits specified in subsection (b) of this section shall be deemed abandoned.

(e)

Except as provided in Sections 66499.16, 66499.17 and 66499.18 of the Government Code of the State, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Board (66477.2).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.601.3. - Acceptance: Effective date.

The acceptance of offers of dedication on a final or parcel map shall not be effective until the map is filed in the office of the County Recorder or a resolution of acceptance by the Board is filed in such office. (66477.3).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.602. - School site dedications (66478). Sec. 10-4.602.1. - General.

As a condition of approval of a final subdivision map, a subdivides who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the Board shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.602.2. - Procedure. ¶

The requirement of dedication shall be imposed at the time of the approval of the tentative map. If, within thirty (30) days after the requirement of dedication is imposed by the County, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.602.3. - Payments to subdividers for school site dedications.

The school district, if it accepts the dedication, shall repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)

The cost of any improvement to the dedicated land since acquisition by the subdivider;

(b)

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and

(c)

Any other cost incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.602.4. - Exemptions.

The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.602.5. - Termination of dedications.

If the land is not used by the school district as a school site within ten (10) years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603. - Natural resources. ¶

Sec. 10-4.603.1. - Natural resources: Findings.

It is the intent of the Legislature, by the provisions of Sections 66478.1 through 66478.10 of the Government Code of the State, to implement Section 2 of Article M of the Constitution of the State insofar as said Sections 66478.1 through 66478.10 are applicable to navigable waters (66478.1).

The Legislature finds and declares that the public natural resources of the State are limited to quantity and that the population of the State has grown at a rapid rate and will continue to do so, thus increasing the need for the utilization of public natural resources. The increase in population has also increased the demand for private property adjacent to public natural resources through real estate subdivision development which resulted in diminishing public access to public natural resources (66478.2).

The Legislature further finds and declares that it is essential to the health and well-being of all citizens of the State that public access to public natural resources be increased. It is the intent of the Legislature to increase public access to public natural resources (66478.3).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.2. - Natural resources: Access.

(a)

The Board shall not approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(b)

Reasonable public access shall be determined by the Board. In making the determination of what shall be reasonable access, the Board shall consider all of the following:

(1)

That access may be by highway, foot trail, bicycle trail, horse trail, or any other means of travel;

(2)

The size of the subdivision;

(3)

The type of river bank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching; and

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing.

(c)

A public waterways river or stream, for the purposes of this section and Sections 10-4.603.3 and 104.603.4 of this article, shall mean those waterways, rivers, and streams defined in Sections 100 through 106 of the Harbors and Navigation Code of the State, any stream declared to be a public highway for fishing pursuant to Sections 25660 through 25662 of the Government Code of the State, rivers listed in Section 1505 of the Fish and Game Code of the State as spawning areas, and all waterways, rivers, and streams downstream from any State or Federal salmon or steelhead fish hatchery (66478.4).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.3. - Natural resources: Easements.

(a)

The Board shall not approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which does not provide for the dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(b)

The extent, width, and character of the public easement shall be defined reasonably to achieve reasonable public use of the public waterway, river, or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the Board. In making the determination for reasonably defining the extent, width, and character of the public easement, the Board shall consider all of the following:

(1)

That the easement may be for a foot trail, bicycle trail, or horse trail;

(2)

The size of the subdivision;

(3)

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing (66478.5).

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.603.4. - Natural resources: Access and easements: Designation on tentative and final maps.

Any public access route or routes and any easement along the bank of a public waterway, river, or stream provided by the subdivider shall be expressly designated on the tentative map or final subdivision map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication (66478.6).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.5. - Natural resources: Alternative access.

Nothing in Sections 10-4.603.1 through 10-4.603.4 of this article shall require the Board to disapprove either a tentative or final subdivision map solely on the basis that the reasonable public access otherwise required by this article is not provided through or across the subdivision itself if the Board makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision.

Any such finding shall be set forth on the face of the tentative or final subdivision map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.6. - Natural resources: Effect of provisions on sites for electric power generating facilities.

Nothing in Section 10-4.603.3 of this article shall apply to sites for electric power generating facilities. (§ II Ord. 87.2 eff. March 12, 1987)

Sec. 10-4.603.7. - Natural resources: Effect of provisions on industrial subdivisions.

Nothing in Sections 10-4.603.1 through 10-4.603.4 of this article shall apply to industrial subdivisions.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.603.8. - Lakes and reservoirs: Access.

(a)

The Board shall not approve either a tentative or a final map of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, which subdivision does not provide or have available reasonable access by fee or easement from a public highway to any water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.

Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final subdivision map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

(b)

Reasonable access, as used in subsection (a) of this section, shall be determined by the Board.

(c)

In making the determination of what shall be reasonable access, the Board shall consider:

(1)

That access may be by highway, foot trail, bicycle trail, horse trail, or any other means of travel;

(2)

The size of the subdivision;

(3)

The type of the shore line and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching; and

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing.

(d)

Nothing in this section shall require the Board to disapprove either a tentative or final subdivision map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself if the Board makes a finding that such reasonable access is otherwise available within a reasonable distance from the subdivision.

Any such finding shall be set forth on the face of the tentative or final subdivision map.

(e)

The provisions of this section shall not apply to the final map of any subdivision, the tentative map of which was approved by the Board prior to December 25, 1975.

(f)

Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated at any future time by the mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the office of the County Recorder of the County in which such route or routes are located (66478.12).

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.9. - Parcels in excess of forty acres fronting on shore lines: Access.

The Board shall not issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this article as a subdivision pursuant to subsection (d) of Section 10-4.302 of Article 3 of this chapter because such property is in excess of forty (40) acres and was created as such a parcel after December 31, 1969, when such property fronts on the shore line, unless the Board finds that reasonable public access has been provided from public highways to land below the ordinary highwater mark of a lake or reservoir upon which the real property fronts.

"Reasonable public access", as used in this section, shall be determined by the Board. In making such a determination, the Board shall use the same criteria as those set forth in subsections (c) and (d) of Section 66478.13 of the Government Code of the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.603.10. - Access routes: Improvements.

Nothing in this article shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or non-owners of the real property in question (66478.14).

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 7. - Condominium Conversions

Sec. 10-4.701. - Purpose.

The purpose of this article is:

(a)

To establish criteria for the conversion of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing;

(b)

To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation;

(c)

To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase;

(d)

To insure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the County;

(e)

To provide a reasonable balance of ownership and rental housing in the County and a variety of choices of tenure, type, price, and location of housing; and

(f)

To maintain a supply of rental housing for low-and-moderate income persons.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702. - Requirements and procedures. Sec. 10-4.702.1. - General.

In addition to the requirements and procedures set forth in Articles 3, 4, 5, and 6 of this chapter, conversions of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this article, except that a limited equity housing cooperative, as defined in Section 33007.5 of the Health and Safety Code of the State, shall be exempt from such additional requirements.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.702.2. - Physical elements reports.

A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map. The report shall include, but not be limited to, the following:

(a)

A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from current zoning and from the County Housing Code and County Building Code in effect on the date the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;

(b)

A report from a licensed structural pest control operator, approved by the County, on each structure and each unit within the structure;

(c)

A report on the soil and the geological conditions regarding the soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with such report; and

(d)

A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.3. - Additional submittals.

The following submittals shall be required:

(a)

A declaration of covenants, conditions, and restrictions which would be applied on behalf of any and all owners of the condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance, and a description of a provision for the maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit; and a plan for the equitable sharing of communal water metering;

(b)

Specific information concerning the demographic characteristics of the project, including, but not limited to, the following:

(1)

The square footage and number of rooms in each unit;

(2)

The rental rate history for each type of unit for the previous five (5) years;

(3)

The monthly vacancy rate for each month during the preceding two (2) years;

(4)

The makeup of the existing tenant households, including the family size, length of residence, age of tenants, and whether receiving Federal or State rent subsidies;

(5)

The proposed sale price of the units;

(6)

The proposed homeowners' association fee;

(7)

The financing available; and

(8)

The names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, the requirement may be modified by the Planning Department;

(c)

Signed copies from each tenant of a notice of intent to convert, as specified in Section 10-4.704.1 of this article. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail; and

(d)

Any other information which, in the opinion of the Planning Department, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.4. - Acceptance of reports. ¶

The final form of the physical elements report and other documents shall be as approved by the County. The reports in their acceptable form shall remain on file with the Planning Department for review by interested persons. The report shall be referenced in the subdivision report to the Planning Commission.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.5. - Submittal of budget.

Prior to the final map approval, the subdivider shall provide the County with a copy of the proposed budget for the maintenance and operation of common facilities, including needed reserves. The budget shall show the estimated monthly costs to the owner of each unit, projected over a five (5) year period, or such time as is required by the Department of Real Estate of the State. Such budget shall be prepared or reviewed and

analyzed by a professional management firm experienced in the management of condominium complexes. The management firm shall submit a statement of professional qualifications.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.6. - Copies to buyers. ¶

The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by subsections (a), (b), (c), and (d) of Section 10-4.702.2 of this article, by subsections (a) and (d) of Section 10-4.702.3 of this article, and by Section 10-4.702.5 of this article prior to such purchaser executing any purchase agreement or other contract to purchase a unit in the project, and such developer shall give the purchaser sufficient time to review such information. Copies of the submittals shall be made available at all times at the sales offices and shall be posted at various locations, as approved by the County, at the project site. Copies shall be provided to the homeowners' association upon its formation.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.7. - Public hearing.

Prior to the tentative map approval, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given as provided in Section 10-4.401.6.1 of Article 4 of this chapter and shall be posted on the property. A copy of any staff report shall be served on each tenant of the subject property at least three (3) days prior to the hearing. For subdivisions of four (4) or fewer parcels, the Planning Commission shall hold the public hearing pursuant to Section 10-4.501.5 of Article 5 of this chapter.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.702.8. - Final information to be submitted.

Prior to the close of escrow, the subdivider shall submit the following information to the Planning Department:

(a)

The name, address, and telephone number of the homeowners' association;

(b)

The actual sales price of the units;

(c)

The actual homeowners' association fee;

(d)

The number of prior tenants who purchased units; and

(e)

The number of units purchased with intent to be used as rentals.

The provisions of Section 10-4.702.7 will expire February 7, 1983, unless reenacted by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.703. - Physical standards for condominium conversions. Sec. 10-4.703.1. - Adequate physical conditions.

To achieve the purpose of this article, the Planning Commission shall require that all condominium conversions conform to the provisions of this Code in effect at the time of the tentative map approval, except as otherwise provided in this article.

All provisions of this Code shall be met and violations corrected prior to the approval of the final or parcel map or, upon the approval of the Planning Department, funds shall be secured as provided in Section 104.808 of Article 8 of this chapter to assure the completion of such corrective work. An overall assessment of the building conditions shall be performed by the Code Enforcement Division prior to the tentative map approval and a report of violations specified in the tentative subdivision report to the Planning Commission. A physical inspection of every unit to insure compliance with the Housing Code shall be required prior to the final map approval.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.703.2. - Specific physical standards.

The Planning Commission shall require conformance with the standards of this section in approving the map.

(a)

Building regulations. The project shall conform to the applicable standards of the County Housing Code and shall be found to be in compliance with the County Building Code, Chapter 1 of Title 9 of this Code, in effect on the date the last building permit was issued for the subject structure or structures, except as provided in this section.

(b)

Health and safety.

(1)

Ground fault circuit interrupters. Each bathroom in each living unit shall be provided with ground fault circuit interrupters.

(c)

Fire prevention.

(1)

Smoke detectors. Each living unit shall be provided with approved detectors of products of combustion, other than heat, conforming to the latest Uniform Building Code Standards, mounted on the ceiling or wall

at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

(2)

Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

(d)

Sound transmission

(1)

Shock mounting of technical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Chief Building Inspector to be a source of structural vibration or structure-borne noise, shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Inspector.

(2)

Noise standards. The structure shall conform to all interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code and Chapter 1 of Title 9 of this Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within such units.

(e)

Utility metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for the equitable sharing of communal water metering shall be developed prior to the final map approval and included in the covenants, conditions, and restrictions. In such cases where the subdivider can demonstrate that the provisions of this subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(f)

Private storage space. Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to the guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Department but shall not be divided into two (2) or more locations. In such cases where the subdivider can demonstrate that the provisions of this subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(g)

Laundry facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five (5) units of three (3) or more bedrooms, every seven (7) two-bedroom units, and every ten (10) one-bedroom units. In such cases where the subdivider can demonstrate that the provisions of this

subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(h)

Landscape maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. If a significant amount of new landscaping is required, the landscape plan shall be subject to Planning Commission approval.

(i)

Condition of equipment appliances. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwasher, garbage disposal, stove, refrigerator, hot water tank, or air-conditioner which is provided have a useful life of one year. At such time as the homeowners' association takes over the management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year. Prior to the final map approval, the developer shall provide the County with a copy of warranty insurance covering the equipment and appliances pursuant to this subsection.

(j)

Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, drive, ways, landscaped areas, and additional elements as required by the Planning Department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety. The developer shall provide to the homeowner's association and/or purchaser a oneyear warranty on all the physical improvements required by this subsection. If substantial restoration is required, the design plans shall be subject to Design Review Commission approval.

(k)

Long term reserves. Prior to the approval of the final map, the developer shall provide evidence to the County that a long term reserve fund for replacement has been established in the name of the Homeowners' Association. Such fund shall equal two (2) times the estimated monthly homeowners' assessment for each dwelling unit.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.704. - Tenant provision Sec. 10-4.704.1. - Notices of intent.

As provided in subsection (a) of Section 66427.1 of the Government Code of the State, a notice of intent to convert shall be delivered by the subdivider to each tenant at least sixty (60) days prior to the filing of the tentative map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form set forth in Section 66452.9 of said Government Code and approved by the Planning Department and will inform the tenants of all rights provided under this article and State laws.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.2. - Notices of public report.

As provided in subsection (a) of Section 66427.1 of the Government Code of the State, each tenant shall receive ten (10) days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate of the State and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.3. - Notices of final map approval.

As provided in subsection (b) of Section 66427.1 of the Government Code of the State, each tenant shall receive written notification within ten (10) days after the approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.4. - Tenants' right to purchase.

As provided in subsection (d) of Section 66427.1 of the Government Code of the State, any present tenant shall be given notice of an exclusive right to contract for the purchase of his respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days after the date of the issuance of the subdivision public report, unless the tenant gives prior written notice of his intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to the approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.5. - Vacation of units.

Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall be given 180 days' written notice of intention to convert his unit prior to the termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of the final map approval of the anticipated date required to vacate the unit and when the 180-day period will begin. Evidence of receipt by each tenant shall be submitted prior to the approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.6. - No increase in rents.

The rent charged tenants resident when a completed tentative map application was accepted by the Planning Department shall not be increased for two (2) years after such acceptance time until the unit is sold or until the subdivision is denied or withdrawn. At the end of the two (2) year period, rent increases will be limited to the latest annual average percentage increase in the Consumer Price Index, San FranciscoOakland SMSA. The increase in rent on a unit which has been vacated after the receipt of the application by the Planning Department shall be limited to the latest annual average percentage increase in the Consumer Price Index, San Francisco-Oakland SMSA.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.7. - Special cases.

Any non-purchasing tenant who is handicapped or has minor children in school or is age sixty (60) years or older, and does not accept a lifetime lease, living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department shall be given at least an additional six (6) months in which to find suitable replacement housing.

(§ II Ord. 87.2 eff. March 12, 1987)

Sec. 10-4.704.8. - Moving expenses.

The subdivider shall provide moving expenses of two (2) times the monthly rent to any tenant household living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department as pro vided in this section.

A tenant moving in after the tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within fourteen (14) days after they relocate, except when the tenant has given notice of his intent to move prior to the receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the County area beginning from the time of the tentative map application until each tenant relocates or decides to purchase a unit.

(§ II Ord. 87.2 eff. March 12, 1987)

Sec. 10-4.704.9. - Notice to new tenants.

Beginning at a date not less than sixty (60) days prior to the filing of the tentative map, the subdivider or his agent shall give notice of such filing in the form outlined in subsection (b) of Section 66452.8 of the Government Code of the State to each person applying after such date for the rental of a unit prior to the acceptance of any rent or deposit. If the subdivider or his agent fails to give notice pursuant to this section, he shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his unit an amount equal to two (2) times the monthly rent for moving expenses.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.10. - Senior citizens.

At the time of the final map approval, all tenant households resident at the time a completed tentative map application was accepted by the Planning Department in which the head of the household or spouse is age

sixty (60) years or older shall be offered a lifetime lease. Annual rent increases shall not exceed seventy-five (75%) percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in said index at the time rent increases are imposed. Starting rents shall be the rent at the time of the tentative map application. Lease forms shall be submitted to the Planning Department for review prior to the final map approval.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.704.11. - Low-and-moderate income tenants.

At the time of the final map approval, all tenant households resident upon acceptance by the County of a completed tentative map application, which meet the income limits of the HUD Section 8 program, will be considered low-and-moderate income households and shall be offered, at a minimum, a three (3) year lease. Annual rent increases shall not exceed seventy-five (75%) percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco Oakland SMSA. Tenants shall be informed of the change in said index at the time rent increases are

imposed. Starting rents shall be the rent at the time of the tentative map application. Lease forms shall be submitted to the Planning Department for review prior to the final map approval. § II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.705. - Effect of proposed conversions on the County's low-and-moderate income housing supply.

In order to reduce the effect of conversions on the County's housing supply and to minimize the displacement of tenants, the number of conversions shall be limited to no more than five (5%) percent of the County's potentially convertible rental stock in any one calendar year.

Conversion applications will be processed in the order completed applications are submitted. A proposed project which is larger than the permitted number of units in a given year, if approved, will be considered to have used the permitted number for as many future years as necessary. The potentially convertible rental stock will be defined as follows: the number of rental units in buildings of two (2) or more units, as determined by the most recent census, plus any new rental units constructed since the census, minus any units which have received tentative map approval to convert since the census.

Once the yearly limit has been reached, a project may be approved for conversion only if the Planning Commission makes one or more of the following findings:

(a)

The developer will provide for a significant increase in housing for low-and-moderate income households or senior citizen households over and above the provisions of this article.

(b)

The developer will provide for the construction of new rental housing.

(c)

The developer will donate an acceptable site or an acceptable amount of funds to the County for the construction of new rental or senior citizen housing.

(d)

The need and demand for low cost home ownership to be provided for by the project will outweigh the detriment caused by further reduction of the rental stock.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.706. - Findings.

The Planning Commission shall not approve an application for conversion unless the Planning Commission finds that:

(a)

All provisions of this article are met;

(b)

The proposed conversion is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, along with applicable Specific Plans and the Siskiyou County Housing Element,

(c)

The proposed conversion will conform to the provisions of this Code in effect at the time of the tentative map approval, except as otherwise provided in this article;

(d)

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety;

(e)

The proposed project will not convert during the current calendar year more than five (5%) percent of the potentially convertible rental units in the County for the current calendar year, except as otherwise provided in this article; and

(f)

Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 8. - Subdivision Improvements

Sec. 10-4.801. - General.

No final map shall be presented to the Board or parcel map to the Director of Public Works for approval until the subdivider either completes the required improvements or enters into an agreement with the County agreeing to do such work.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.802. - Improvements required. Sec. 10-4.802.1. - General.

All improvements required by County laws or as conditions of approval of the tentative map shall be required for all subdivisions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.802.2. - Improvements.

Requirements for the construction of on-site and off site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

The completion of improvements shall be in accordance with Section 10-4.811 of this article.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.802.3. - Storm drainage.

Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed in accordance with the requirements of Section V of the Land Development Manual. The storm drain system shall provide for the protection of abutting and off-site properties which would be adversely affected by an increase in runoff attributed to the development. Offsite storm drain improvements may be required to satisfy this requirement.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.802.4. - Sewage disposal systems.

Each unit or lot within the subdivision shall be served by an approved public sewer or on-site sewage disposal system.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.802.5. - Water supply.

Each unit or lot within the subdivision shall be served by an approved water supply.

(§ Il, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.802.6. - Utilities.

Each parcel or lot within the subdivision shall be provided with necessary easements or rights-of-ways and conduits, if required, to allow for the installation of facilities for the transmission and distribution of energy

and communications and control signals, including, but not limited to, electric power, telephone, and cable television.

Such installations shall be subject to the requirements and tariffs of the Public Utilities Code of the State and the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.803. - Deferred improvement agreements. Sec. 10-4.803.1. - Subdivisions of four or less parcels.

Improvements may be deferred when the Director of Public Works finds that construction is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the County for the installation of all improvements at such time in the future as required by the County. The agreement shall provide:

(a)

That pursuant to such agreement, the construction of improvements shall commence within ninety (90) days after the receipt of the notice to proceed from the County;

(b)

That, in the event of default by the owner, successors, or assigns, the County is authorized to cause such construction to be done and charge the entire cost and expense to the owner, successors, or assigns, including interest from the date of the notice of such costs and expenses until paid;

(c)

That such agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the County, including interest as set forth in subsection (b) of this section, subject to foreclosure in the event of default in payment;

(d)

That, in the event of litigation occasioned by any default of the owner, successors, or assigns, the owner, successors, or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property; and

(e)

That the term "owner" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligation undertaken shall run with the real property and constitute a lien against it.

The agreement shall not relieve the owner from any other specific requirement. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this Code in effect at the time of construction.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.803.2. - Remainders. ¶

Where remainders are made a part of a final or parcel map, the subdivider may enter into an agreement with the County to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. In the absence of an agreement, the County may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(a)

The public health and safety; or

(b)

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.804. - Design. Sec. 10-4.804.1. - General.

The design and layout of all required improvements shall be in accordance with the County Land Development Manual.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.804.2. - Energy conservation. ¶

The design of a subdivision for which a tentative map is required pursuant to Article 3 of this chapter shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Refer to Section 66473.1 of the Subdivision Map Act.

For the purposes of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(§ II, Ord. 8 7-2, eff. March 12, 1987)

Sec. 10-4.805. - Access.

The subdivision shall abut upon or have an approved access to a public street.

Each unit or lot within the subdivision shall have an approved access to a public or private street.

The street layout may have to be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806. - Improvement plans. Sec. 10-4.806.1. - General.

Improvement plans, where required by the Department of Public Works, shall be prepared under the direction of, and signed by, a registered civil engineer licensed by the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.2. - Form.

Plans, profiles, and details shall be legibly drawn, printed, or reproduced on twenty-two (22″) inch by thirtyfour (34″) inch or twenty-four (24″) inch by thirty-six (36″) inch sheets. A border shall be made on each sheet providing one-half (½") inch at the top, bottom, and right side and the left side. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.3. - Contents.

The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to County or State standard plans in lieu of duplicating the drawings.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.4. - Supplementary plans and calculations.

Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the Director of Public Works. All calculations shall be legible, systematic, and signed and dated by a registered civil engineer licensed by the State and in a form approved by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.5. - Reviews by the Director of Public Works.

The subdivider shall submit in duplicate the improvement plans with all computations and applicable fees to the Director of Public Works for review. Upon the completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider's engineer.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.6. - Approval by the Director of Public Works.

After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the Director of Public Works for signature.

Upon finding that all required revisions have been made, inspection fees paid, and that the plans conform to all applicable County laws, design review requirements, and conditions of approval of the tentative map, the Director of Public Works shall sign and date the plans. The originals will be returned to the subdivider's engineer.

The approval of the improvement plans shall not be construed as the approval of the sanitary sewer, water, or gas and electric service construction plans.

The approval by the Director of Public Works shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.7. - Revisions to approved plans. Sec. 10-4.806.7.1. - By subdividers.

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Director of Public Works or his authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the Director of Public Works for initialing. The originals shall be returned to the subdivider's engineer, and the revised plans shall be transmitted to the Director of Public Works. The construction of any proposed revision will not be permitted to commence until revised plans have been received by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.7.2. - By the Director of Public Works.

When revisions are deemed necessary by the Director of Public Works to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the Director of Public Works for initialing within the time specified by the Director of Public Works.

Upon the receipt of the initialed originals, the subdivider's engineer shall transmit revised drawings to the Director of Public Works. The construction of all or any portion of the improvements may be stopped by the Director of Public Works until revised drawings have been submitted.

The subdivider may appeal the revisions required by the Director of Public Works to the Board by filing an appeal with the County Clerk within ten (10) working days following the receipt of the request to revise the plans.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.806.7.3. - Plan-checking and inspection costs for revisions.

Costs incurred by the County for the checking of plans or calculations or inspections as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and be applied toward the actual costs.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.807. - Improvement agreements.

Improvement agreements shall be prepared by the Director of Public Works and approved as to form by the County Counsel and submitted to the Board for approval. The agreement shall provide for:

(a)

The construction of all improvements according to the approved plans and specifications on file with the Director of Public Works;

(b)

The completion of improvements within the time specified by Section 10-4.811 of this article;

(c)

Improvement security as required by this article;

(d)

The maintenance and repair of any defects or failures and the causes thereof;

(e)

The release of the County from all liability incurred by the development and payment of all reasonable attorneys' fees which the County may incur because of any legal action arising from the development, except as prohibited by Section 66474.9 of the Government Code of the State; and

(f)

Any other deposits, fees, or conditions required by County laws or resolutions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808. - Improvement security. ¶

Sec. 10-4.808.1. - General.

Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act for which security is required shall be secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this Section 10-4.808.

No final map or parcel map shall be signed by the County Surveyor or recorded until all improvement securities required by this section have been received and approved.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.2. - Form of security.

The form of security shall be one or the combination of the following at the option of, and subject to the approval of, the County:

(a)

A bond or bonds by one or more duly authorized corporate sureties;

(b)

An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; and

(c)

Other forms of security approved by the Board.

The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.3. - Amount of security.

A performance bond or security in the amount of 100°/0 of the estimated construction cost to guarantee

the construction or installation of all improvements shall be required for all subdivisions. An additional amount of fifty (50%) percent of the estimated construction cost shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the Director of Public Works and shall provide for:

(a)

Not less than five (5%) percent nor more than ten (10%) percent of the total construction cost for contingencies; and

(b)

In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.4. - Warranty security.

Upon the acceptance of the subdivision improvements by the County, the subdivider shall provide security in the amount as required by the Director of Public Works to guarantee the improvements throughout the

warranty period. The amount of the warranty security shall be not less than ten (10%) percent of the cost of the construction of the improvements, which amount shall be retained for a one-year warranty period.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.5. - Reduction of performance security.

The Director of Public Works may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon an application by the subdivider, but in no case shall the security be reduced to less than ten (10%) percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the Director of Public Works; however, in no event shall the Director of Public Works authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.6. - Release of improvement securities. Sec. 10-4.808.6.1. - Performance security.

The performance security shall be released only upon the acceptance of the improvements by the County and when an approved warranty security has been filed with the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.808.6.2. - Material and labor security.

Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment, thirty-five (35) days after the acceptance of the improvements by the Board and the filing of a notice of completion, may be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the Board. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(§ II, Ord. 87-2. eff. March 12, 1987)

Sec. 10-4.808.6.3. - Warranty security.

The warranty security shall be released upon satisfactory completion of the warranty period provided:

(a)

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and

(b)

Not less than twelve (12) months have elapsed since the acceptance of the improvements by the Board. (§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.809. - Construction.

The construction methods and materials for all improvements shall conform to the Standard Plans and Specifications of the County. The General Provisions of the County's Land Development Manual Standards shall apply to the subdivider where applicable.

Construction shall not commence until required improvement plans have been approved by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.810. - Construction inspections. Sec. 10-4.810.1. - General.

All improvements shall be subject to inspection by the Director of Public Works or authorized personnel in accordance with the County's Standard Specifications.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.810.2. - Preconstruction conferences.

Prior to commencing any construction, the subdivider shall arrange for a preconstruction conference with the Department of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.810.3. - Final inspections and deficiency lists

Upon the completion of the subdivision improvements, the developer shall apply in writing to the Department of Public Works for a preliminary final inspection. The Department of Public Works shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection noting all corrections required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Department of Public Works.

When the preliminary final inspection has been completed, a list of the deficiencies shall be transmitted to the subdivider.

Upon having corrected all the deficiencies, the subdivider shall notify the Department of Public Works in writing that all corrections have been completed satisfactorily and request a final inspection. The Department of Public Works shall then make a final inspection. The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list which may be subsequently discovered.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.811. - Completion of improvements. Sec. 10-4.811.1. - Subdivisions of five or more parcels.

The subdivision improvements shall be completed by the subdivider within twenty-four (24) months after the recording of the final map, unless an extension is granted by the Board. Should the subdivider fail to complete the improvements within the specified time, the County, by resolution of the Board and at its option, may cause any or all uncompleted improvements to be completed, and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.811.2. - Subdivisions of four or less parcels.

The completion of the improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the County when the completion of such improvements is found to be necessary for the public health or safety or for the orderly development of the surrounding area. Such finding shall be made by the Planning Commission. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.811.3. - Extensions. ¶

The completion date may be extended by the Board for subdivisions of five (5) or more parcels and by the Director of Public Works for subdivisions of four (4) or less parcels upon a written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to the expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the County. For subdivisions of five (5) or more parcels, the agreement shall be prepared and signed by the Director of Public Works, approved as to form by the County Counsel, executed by the subdivider and surety, and transmitted to the Board for consideration. If approved by the Board, the chairman shall execute the agreement on behalf of the County.

In consideration of a subdivision improvement agreement extension, the following may be required:

(a)

The revision of the improvement plans to provide for current design and construction standards when required by the Director of Public Works;

(b)

Revised improvement construction estimates to reflect current improvement costs as approved by the Director of Public Works;

(c)

The increase of improvement securities in accordance with revised construction estimates; and

(d)

Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease refund.

The Board may impose additional requirements as recommended by the Director of Public Works or as the Board may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the County in processing the agreement shall be borne by the subdivider.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.812. - Acceptance of improvements. Sec. 10-4.812.1. - General.

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the County for acceptance.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that the public improvements have been accepted for public use.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.812.2. - Notices of completion.

If the subdivision improvements have been accepted by the County, the developer shall file a notice of completion with the County Recorder.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.812.3. - Acceptance of a portion of the improvements.

When requested by the subdivider in writing, the County may consider the acceptance of a portion of the improvements as recommended by the Director of Public Works. The improvements will be accepted by the County only if it finds that it is in the public interest and such improvements are for the use of the general public.

The acceptance of a portion of the improvements shall not relieve the subdivider from any other requirement imposed by this article.

(§ II, Ord. 8 7-2, eff. March 12, 1987)

Article 9. - Reversions to acreage

Sec. 10-4.901. - General.

Subdivided property may be reverted to acreage pursuant to the provisions of this article and the Subdivision Map Act. This article shall apply to final and parcel maps.

(§ II, Ord. 87-2, eff: March 12, 1987)

Sec. 10-4.902. - Initiation of proceedings.

Sec. 10-4.902.1. - By owners.

Proceedings to revert subdivided property to acreage may be initiated by a petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Director. The petition shall contain the information required by Section 10-4.903 of this article and any other information as required by the Planning Director.

(§ II Ord 87-2, eff. March 12, 1987)

Sec. 10-4.902.2. - By the Board of Supervisors.

The Board, at the request of any person or on its own motion, by resolution, may initiate proceedings to revert property to acreage. The Board shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.903. - Contents of petitions.

The petition shall contain, but not be limited to, the following:

(a)

Evidence of title to the real property; and

(b)

Evidence of the consent of all of the owners of an interest in the property; or

(c)

Evidence that none of the improvements required to be made has been made within two (2) years after the date the final or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later; or

(d)

Evidence that no lots shown on the final or parcel map have been sold within five (S) years after the date such final or parcel map was filed for record;

(e)

A tentative map in the form prescribed by Section 10-4.401 of Article 4 of this chapter or Section 10-4.501 of Article 5 of this chapter;

(f)

A final or parcel map in the form prescribed by Section 10-4.402 of Article 4 of this chapter or Section 104.502 of Article 5 of this chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title "The Purpose of this Map is a Reversion to Acreage"; and

(g)

A deposit as required by the County toward processing and plan-checking costs in accordance with the County's established fees and charges.

(§ II Ord. 87-2 eff. March 12, 1987)

Sec. 10-4.904. - Submittal of applications to the Planning Director.

The final map or parcel map for the reversion, together with all other data as required by this article, shall be submitted to the Planning Director for his review. Proposed revisions shall be circulated to potentially affected departments for review and comment.

Upon finding that the petition meets with all the requirements of this chapter and the Subdivision Map Act, the Planning Director shall submit the final map or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the Planning Commission for its consideration and report to the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.905. - Board of Supervisors approval.

A public hearing shall be held by the Board on all petitions for initiations of reversions to acreage. Notice of the public hearing shall be given as provided in Section 10-4.401.6.1 of Article 4 of this chapter. The Planning Director may give such other notice deemed necessary or advisable.

The Board may approve a reversion to acreage only if it finds and records by resolution that:

(a)

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b)

Either:

(1)

All owners of an interest in the real property within the subdivision have consented to reversion; or

(2)

None of the improvements required to be made has been made within two (2) years after the date the final map or parcel map was filed for record, or within the time allowed by agreement for the completion of the

improvements, whichever is later; or

(3)

No lot shown on the final map or parcel. map has been sold within five (5) years after the date such map was filed for record.

The Board may require as conditions of the reversion that:

(a)

The owners dedicate or offer to dedicate streets, public rights-of-way, or easements; and

(b)

The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.906. - Filing with the Country Recorder

Upon the approval oft he reversion to acre age, the Director of Public Works shall transmit the final map or panel map; together with the Board's resolution or panel map, together with the Board's resolution approving the reversion, to the Country Recorder for recordation.

The reversion shall be effective upon the final map or panel map being filed for record by the Country Recorder. Upon filing all dedications and offers of dedication not shown on the final map or panel map for reversion shall be of no further force and effect

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 10. - Parcel Mergers

(The Subdivision Map Act Committee recommended that this article not be implemented.)

Article 11. - Corrections and Amendments to Maps

Sec. 10-4.1101. - Requirements.

After a final map or parcel map is filed in the office of the County Recorder, the map may be amended by a certificate of correction or an amending map:

(a)

To correct an error in any course of distance shown thereon;

(b)

To show any course or distance which was omitted therefrom;

(c)

To correct an error in the description of the real property shown on the map;

(d)

To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(e)

To show the proper location of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character;

(f)

To correct any other type of map error or omission, as approved by the County Surveyor, which does not affect any property right. Errors and omissions may include, but not be limited to, lot numbers, acreage, street names, and identification of adjacent record maps. "Error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map; and

(g)

To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary, and the modifications do not impose any additional burden on the present fee owner of the property, and the modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

The modification shall be set for a public hearing by the Planning Director according to Section 104.401.6.1 of Article 4 of this chapter or Section 10-4.501.5 of Article 5 of this chapter. The Planning Commission shall confine the hearing to the consideration of, and action on, the proposed modification.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1102. - Form and contents.

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Section 10-4.402 of Article 4 of this chapter if a final map or Section 10-4.502 of Article 5 of this chapter if a parcel map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

(§ II, Ord. 8 7-2, eff. March 12, 1987)

Sec. 10-4.1103. - Submittal to and approval by the County Surveyor.

The amending map or certificate of correction, complete as to final form, shall be submitted to the County Surveyor for his review and approval.

The County Surveyor shall examine the amending map or certificate of correction, and, if the only changes made are those set forth in Section 10-4.1101 of this article, such fact shall be certified on the amending map or certificate of correction.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1104. - Filing with the County Recorder.

The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. The original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though upon the original map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1105. - Fees.

The fees for checking, processing, and recording the amended map or certificate of correction shall be in accordance with the County's ordinance establishing fees and charges.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 12. - Enforcement

Sec. 10-4.1201. - Prohibitions.

(a)

No person shall sell, lease, or finance any parcel or parcels of real property or commence the construction of any building for sale, lease, or financing, except for model homes, or allow occupancy for which a final map is required by this chapter or the Subdivision Map Act until a map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed with the County Recorder for record.

(b)

No person shall sell, lease, or finance any parcel or parcels of real property or commence the construction of any building for sale, lease, or financing, except for model homes, or allow occupancy for which a parcel map is required by this chapter or the Subdivision Map Act until a map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record by the County Recorder.

(c)

The conveyance of any part of a division of real property for which a final map or parcel map is required shall not be made by parcel number, letter, or other designation unless and until the map has been filed for record with the County Recorder.

(d)

This section shall not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with, or exempt from, any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(e)

Nothing contained in subsections (a) and (b) of this section shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the commencement of construction is expressly conditioned upon the approval and filing of a final or parcel map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1202. - Remedies. ¶

(a)

Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase or any heir, personal representative, or trustee in insolvency or bankruptcy within one year after the date of the discovery of the violation. The deed of conveyance, sale, or contract to sell shall be binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those enumerated in this subsection, and upon the grantor, vendor, or person contracting to sell or any assignee, heir, or devisee.

(b)

Any grantee or successor in interest of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act, within one year after the date of discovery of such violation, may bring an action in the superior court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

(c)

The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 10-4.1203 of this article, or identified in a recorded final map or parcel map, from and after the date of recording.

The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

(d)

This section shall not bar any legal, equitable, or summary remedy to which the County or other public agency or any person, firm, or corporation may otherwise be entitled, and the County or other public agency or any person, firm, or corporation may file a suit in the superior court of the County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this chapter.

(e)

The County shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision. Map Act if the County finds that the development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.

rty is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.

The County, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the County may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated shall be applicable.

The issuance of a permit or grant of approval for the development of real property, or with respect to improvements which have been completed prior to the time a permit or grant of approval for development was required by local laws in effect at the time of the improvement, or with respect to improvements which have been completed in reliance upon a permit or grant of approval for development, shall constitute "real property which has been approved for development," for the purposes of subsection (c) of Section 66499.35 of the Government Code of the State, and, upon a request by the person owning the real property or a vendee of such person pursuant to a contract of sale, the local agency shall issue a certificate of compliance for the affected real property.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1203. - Certificates of compliance.

(a)

Any person owning real property may request the Planning Director to determine whether the real property complies with the provisions of this chapter and the Subdivision Map Act.

(b)

Upon making a determination of compliance, the Planning Director shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with the applicable provisions of this Code and the Subdivision Map Act.

(c)

If the Planning Director determines that the real property does not comply with the provisions of this Code or Subdivision Map Act, the Planning Director, as a condition to granting a certificate of compliance, may impose conditions according to subsection (e) of Section 10-4.1202 of this article. Upon making a determination and establishing conditions, the Planning Director or authorized representative shall file a

ctor determines that the real property does not comply with the provisions of this Code or Subdivision Map Act, the Planning Director, as a condition to granting a certificate of compliance, may impose conditions according to subsection (e) of Section 10-4.1202 of this article. Upon making a determination and establishing conditions, the Planning Director or authorized representative shall file a

conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required prior to the subsequent issuance of a permit or other grant of approval for the development of the property.

Compliance with the conditions shall not be required until a permit or other grant of approval for the development of the property is issued.

(d)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(e)

For the purposes of the administration of this section, any parcel which is shown on the County Assessor's maps prior to 1963 shall be considered a conforming parcel.

(f)

The fee for checking, processing, appealing and recording the certificate of compliance shall be set by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § IV, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.1204. - Certificates of noncompliance.

If the Planning Director or authorized representative has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, a tentative notice of violation (certificate of noncompliance) shall be filed for record with the County Recorder describing the real property in detail, naming the owners, describing the violation, and stating that an opportunity will be given to the owner to present evidence. At least thirty (30) days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why a notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. A tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 13. - Variances

Sec. 10-4.1301. - Approval.

The Planning Director, the Planning Commission or the Board of Supervisors, respectively, may authorize a variance to any of the provisions of this chapter. Applications for such variances shall be made by the subdivider or his or her agent, stating fully the grounds for such request, and showing:

(a)

That there are special circumstances or conditions affecting the property such that the variance would not constitute a grant of special privilege;

(b)

That, because of unusual size, shape, topography, location, and surroundings, the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other property i n the vicinity;

(c)

That the granting of the variance would not be injurious to other properties in the vicinity or detrimental to the public interest; and

(d)

That unnecessary hardships or results inconsistent with the purposes of this chapter would result through the strict and literal interpretation and enforcement of the provisions of this chapter.

In approving any variance to the provisions of this chapter, a report shall be prepared by the Planning Department, together with findings with respect to the variance applied for and shall specifically and fully set forth the extent of any variance recommended and any conditions thereto considered necessary. Upon the receipt of such report, the Planning Director, Planning Commission or Board of Supervisors, as the approving body, may grant a variance to the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987, § I, Ord. 92-30, eff. October 22, 1992)

Article 14. - Property Owners' Associations

Sec. 10-4.1401. - Permitted: Conditions. ¶

A property owners' association, which shall be a corporation formed pursuant to the laws of the State, shall be formed for each subdivision of five (5) parcels or more for which there are common improvements which will require maintenance and such maintenance is not provided by a public entity.

The property owners' association shall be formed to guarantee an ongoing agency which is responsible for the maintenance of such improvements which may include, but are not limited to:

(a)

Roads;

(b)

Fire protection;

(c)

Parks and recreation facilities;

(d)

Waste disposal;

(e)

Water supply;

(f)

Bicycle and riding trails;

(g)

Open spaces; and

(h)

Such other improvements as may be designated by the Planning Commission.

The association shall have the right and obligation to assess each parcel in the subdivision for the maintenance of such improvements. The standards of such maintenance shall be prescribed in the corporate bylaws and be approved by the Department of Public Works.

A minimum annual assessment for each lot shall be established and approved by the Director of Public Works which assessment shall be used for the maintenance of such improvements.

Articles of incorporation and bylaws may not be changed during the first five (5) years after the date of incorporation unless changes are first approved by the County Counsel.

(§ II, Ord. 87-2, eff. March 12, 1987)

Article 15. - Lot Line Adjustments

Sec. 10-4.1501. - Purpose.

The provisions of this article shall be the procedure for approving lot line adjustments between two (2) or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1502. - Filing.

Proponents of lot line adjustments shall file an application with the Planning Department accompanied by a preliminary title report showing record title interests.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1503. - Action of the Planning Director.

A review will be made to assure that sufficient information is submitted or available to allow the processing of the application. The application will be circulated to the County Health Department, Department of Public Works, and other agencies possibly having input on the application. At the end of a fifteen (15) day administrative review period, agency comments will be compiled into an administrative approval, conditional approval, or denial. Such administrative action will be submitted to the proponents of the project. The proponents will have ten (10) days to request further staff review or appeal the decision to the Planning Commission. At the end of the ten (10) day period the decision, unless appealed, will become final.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1504. - Conditions of approval.

(a)

If the affected parcels have been approved a,s building sites prior to the application for the lot line adjustment, a finding shall be made as to whether the parcels, after adjustment, are still considered acceptable building sites. If the parcels, after adjustment, have not been approved as acceptable building sites, the finding shall be prominently placed on the recorded notice of the lot line adjustment.

(b)

Upon the approval of the final form of the document reflecting approval, the proponents shall ale deeds in a recordable form, together with the appropriate recording fees as will vest title in the separate parcels to the separate owners, with the Planning Department. The deeds shall be accompanied by an updated preliminary title report showing record title interests.

The Planning Department shall consecutively record the approval document and the deeds thereby completing the boundary line adjustment.

(c)

The County shall place other requirements for approval deemed necessary for the proper development of the area which are consistent with State law.

(§ II, Ord. 87-2, eff. March 12, 1987)

Sec. 10-4.1505. - Appeals. ¶

Any affected party may appeal the decision of the Planning Director or Planning Commission by filing an appeal with the Clerk of the Board of Planning Commission within ten (10) calendar days after the decision of the Planning Director or Planning Commission, accompanied by a fee set by the Board. The Planning Director shall transmit to the Board or Planning Commission all maps, records, papers, and files which constitute the record of the action on which the appeal was taken. The Board or Planning Commission shall hear the matter de novo and approve, disapprove, or modify the decision of the Planning Director or Planning Commission. The rules of evidence shall be those as provided in Section 11513 of the Government Code of the State. The decision of the Board shall be final.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § V, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.1506. - Fees. ¶

Processing and appeal fees shall be set by ordinance of the Board.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § V, Ord. 97-21, eff. August 7, 1997)

Sec. 10-4.1507. - Expiration. ¶

Any boundary line adjustment granted in accordance with the provisions of this chapter shall, without further action, become null and void if not completed within one year after the date of approval thereof, or any shorter period of time if so designated by the Planning Commission or Board.

(§ 1, Ord. 90-22, eff. August 9, 1990)

Sec. 10-4.1508. - Extension: Request by proponents. ¶

(a)

The proponent or the engineer may request an extension of the expiration date of the approved, or conditionally approved, boundary line adjustment by a written application to the Planning Department. The application should be filed not less than thirty (30) days before the approval is to expire and shall state the reasons for requesting the extension.

(b)

Planning Director's action. The Planning Director shall review the request and approve, conditionally approve, or deny the request within thirty (30) days of filing. A copy of the staff report shall be forwarded to the proponents. Any action adopted by the Planning Director approving, or conditionally approving, an extension shall specify the new expiration date of the boundary line adjustment.

(c)

Time limit of extension. The approved extension shall not exceed twelve (12) months. The approved new expiration date shall not extend more than twenty-four (24) months beyond the date of the resolution adopted by the Planning Director, Planning Commission or Board approving, or conditionally approving, the boundary line adjustment.

(d)

Conditions of approval. As a condition of the extension of a boundary line adjustment, the Planning Director may impose new conditions or revise existing conditions on the approved boundary line adjustment as are found necessary.

(e)

Appeals of conditions or extension. The proponent may appeal any action of the Planning Director or Planning Commission on the extension to the Board within ten (10) days of such action, respectively, in accordance with Section 10-4.1505 of this article, Appeals.

(§ I, Ord. 90-22, eff. August 9, 1990)

CHAPTER 5. - SURFACE MINING AND RECLAMATION[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 15-06, § I, adopted May 12, 2015, amended Ch. 5 in its entirety to read as herein set out. Former Ch. 5, §§ 10-5.101—10-5.108, pertained to similar subject matter, and derived from Ord. 99-07, § II, eff. Mar. 23, 1999.

Sec. 10-5.101. - Purpose and intent.

(a)

The purpose of this chapter is to implement and supplement the Surface Mining and Reclamation Act (SMARA) (PRC Section 2710 et seq.) and to that end the Board of Supervisors finds and declares that:

(1)

The extraction of minerals is essential to the continued economic well-being of the County and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

(2)

The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(3)

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly (PRC Section 2711 (a)).

(b)

It is the intent of the Board of Supervisors to create and maintain an effective and comprehensive surface mining and reclamation policy to assure that:

(1)

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

(2)

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

(3)

Residual hazards to the public health and safety are eliminated (PRC Sections 2711 and 2712).

(4)

Surface mining operations that comply with applicable ordinances and policies are recognized and protected.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.102. - Applicability and exemptions.

(a)

This chapter shall apply to all surface mining operations in Siskiyou County, except as exempted in subsection (b) of this section.

(b)

This chapter does not apply to any of the following activities:

(1)

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster as declared by the Board of Supervisors or State of California;

(2)

On-site excavation and earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, provided all required permits for the improvements have been approved by the County in accordance with applicable provisions of State law and County plans and ordinances, including, but not limited to, the California Environmental Quality Act (CEQA);

(3)

Operation of a mineral processing site, including associated on-site structures, equipment, machines, tools, or other materials, including the onsite stockpiling, crushing, screening, batching, and on-site recovery of mined materials, subject to all of the following conditions:

(i)

The plant site is located on lands appropriately zoned for mineral processing,

(ii)

None of the minerals being processed are extracted on-site,

(iii)

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976;

(4)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (14 CCR Section 3505 (a));

(5)

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

(6)

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances;

(7)

Surface mining operations and emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board as specified in PRC Section 2714;

(8)

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes;

(i)

This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the Department of Forestry and Fire Protection;

(9)

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil or gas as specified in PRC Section 2714;

(10)

An exemption under this section does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the County, including, but not limited to, CEQA (Public

Resources Code Sections 21000 et seq.), the requirement of use permits or other permits, or the payment of development impact fees or the imposition of other deductions and exactions as may be permitted under the law.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.103. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Borrow pit" means an excavation created by the surface mining of rock, unconsolidated geologic deposits, or soil to provide material (borrow) for fill elsewhere.

"CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000 et seq.

"CCR" means the California Code of Regulations.

"County" means the County of Siskiyou, State of California.

"Farming" means agriculture as defined in Section 10-6.3601(e) of the Siskiyou County Code.

"Financial assurances" means a current approved financial assurance cost estimate and a financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate (PRC Section 2736).

"Idle" means that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than ninety (90) percent of its maximum annual mineral production within any of the last five (5) years during which an interim management plan has not been approved (PRC Section 2727.1).

"Interim management plan" means an amendment to an approved reclamation plan designed to prevent or minimize environmental effects from an idle mine and to protect the public health and safety from the residual hazards associated with idle mines.

"Lead agency" means the County of Siskiyou, as the lead agency for the purposes of this chapter, and has the primary responsibility for enforcing SMARA (PRC Section 2774.1(f)).

"Mined lands" include the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations, are located (PRC Section 2729).

"Mineral" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (14 CCR Section 3501). For the purpose of this chapter, minerals shall also include, but not be limited to, sand,

gravel, aggregate, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, precious metals, and rip-rap.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface. mining operations (PRC Section 2730).

"Minor modification" means a minor revision of a reclamation plan that is either not a "project," or if a project, is one that is ministerial, presents no possible significant environmental effects, or is statutorily or categorically exempt, pursuant to CEQA.

"On-site construction" means a construction activity authorized by a County building or grading permit, located on the same parcel as the excavation or grading.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on their behalf, except a person who is engaged in surface mining operations as an employee with wages as their sole compensation (PRC Section 2731). Operator also means any person who permits others to conduct surface mining operations on their property and who receives a financial benefit therefrom.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations (PRC Section 2732).

"Permit" means any authorization from, or approval by, the County, the absence of which would preclude surface mining operations (PRC Section 2732.5).

"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district of the State or any department or agency thereof (14CCR Section 3501).

"PRC" means the State of California Public Resources Code.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, re-soiling, revegetation, soil compaction, stabilization, or other measures (PRC Section 2733).

"SMARA" means the Surface Mining and Reclamation Act of 1975 and subsequent amendments, Public Resources Code Section 2710 et seq.

"Supervisor of Mine Reclamation" or "Supervisor" means the individual directing the Division of Mine Reclamation established pursuant to subdivision (d) of PRC Section 607.

"Streambed skimming" means excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to: in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities (PRC Section 2735). In addition to the provisions of PRC Section 2735 of the Act, surface mining operations shall include borrow pitting (14 CCR 3501), streambed skimming (14 CCR 3501), segregation and stockpiling of mined materials (and recovery of same) unless specifically excluded under PRC Section 2714 or 14 CCR 3505.

Surface mining operations shall also include the creation of borrow pits, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) (14 CCR Section 3501).

"Vested Rights." A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

All definitions within in California Surface Mining and Reclamation Act of 1975 (PRC, Division 2, Chapter 9, Section 2710 et seq.), PRC, Division 2, Chapter 9, Section 2207, and the California Code of Regulations implementing the act (CCR Title 14, Division 2, Chapter 8, Subchapter 1, Article 1, Article 6, Sections 3675 and 3676, Article 9 and Article 11) not specified in this section, and as those definitions may be amended from time to time, are incorporated by reference.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.104. - Incorporation of SMARA and other state regulations.

The provisions of the California Surface Mining and Reclamation Act of 1975 (PRC, Division 2, Chapter 9, Section 2710 et seq.), PRC, Division 2, Chapter 9, Section 2207, and the California Code of Regulations implementing the act (CCR Title 14, Division 2, Chapter 8, Subchapter 1, Article 1, Article 6, Sections 3675 and 3676, Article 9 and Article 11) as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.105. - Mineral resource management policies.

PRC Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and general plan resource management policies are incorporated into this chapter.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.106. - Vested mining operations.

(a)

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a use permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. Any person claiming a vested right to conduct surface mining operations must establish such claim in a public hearing proceeding as required in this chapter. In such a proceeding the claimant shall assume the burden of proof.

(b)

A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required and obtained, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or in obtaining the issuance of a permit shall not be deemed liabilities for work or materials.

(c)

A right to surface mine may be vested as to the area of the mine, the depth of the mine, the nature of the mining activity and/ or the nature of the material extracted. This list is not exclusive. To the extent that the diminishing asset doctrine is applicable it may be vested beyond the area and depth mined prior to January 1, 1976, based on available extractable material.

(d)

Where a person with vested rights as defined herein continues surface mining operations in the same area pursuant to such vested rights subsequent to January 1, 1976, a reclamation plan and financial assurance are required under Section 2770 of the PRC and this chapter for those operations conducted after January 1, 1976, or to be conducted. Expansion of surface mining operations after January 1, 1976, may be recognized as a vested nonconforming use under the doctrine of "diminishing assets."

(e)

In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and postJanuary 1, 1976, mining, the reclamation plan shall call for reclamation caused by the mining after the effective date of the Surface Mining and Reclamation Act of 1975 (hereafter SMARA) as best determined by the evidence contained in the administrative record.

(f)

Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976, and which lands have not since been disturbed.

(g)

County Determination of Vested Rights.

(1)

Any person who claims to have a vested right to conduct surface mining operations pursuant to this chapter shall file a Claim of Vested Rights with the Community Development Department, Planning Division to determine the status of such vested right claim. The burden of proving the existence and extent of the vested right shall be on the claimant.

(2)

Any person who has received a written determination from the County, prior to the effective date of this section confirming a vested right to conduct surface mining operations shall not be required to file a Claim of Vested Rights under this section provided that the scope of said operation has not expanded beyond that for which said previous determination had been made.

(3)

The Claim of Vested Rights shall be on a form furnished by the County and shall contain information that the claimant wishes to have considered as part of the evaluation of the vested rights claim which shall include, but not be limited to:

(i)

Name, address, and telephone number of the following persons:

a.

The claimant, and of any agent for contact or service of notice, if different;

b.

Other owner(s) of interest of record, if different than the claimant;

c.

Any lessee, lien holder, or other potential claimant to the vested right(s) asserted;

d.

The owners of all properties adjacent to the property upon which vested rights are being claimed to the best of the applicant's knowledge; and

e.

Any governmental agency or entity having jurisdiction over the property or the surface mining operations on the property that may be affected by a determination of vested rights to the best of the applicant's knowledge.

(ii)

A map of the entire property which clearly depicts the exact area on the property upon which vested rights are claimed. In addition, other useful mapping information may include:

a.

Any area that was mined before and not after January 1, 1976;

b.

Any area that was mined before and after January 1, 1976;

c.

Any area that was mined only after January 1, 1976; and

d.

Any area not mined before January 1, 1976, but which a vesting claim is being asserted.

(iii)

Grant deed, including legal description, for the property upon which the vested rights are claimed;

(iv)

Copies of all documents which the claimant asserts establish title to such property;

(v)

Copies of all permits, or authorizations, or entitlements, both existing and prior, permitting claimant to conduct surface mining operations upon such property;

(vi)

A written statement, accompanied by a declaration or affidavit attesting to its truth and accuracy, indicating the basis for and the scope or scale of the Claim of Vested Rights. The claimant may submit with this statement any documentation manifesting such intent and supporting the claim, including, but not limited to:

a.

Evidence of the period of time, the scope or the scale of the mining operations previously conducted, including, but not limited to, aerial photographs that provide evidence of the area upon which vested rights are claimed;

b.

Evidence of any expenses or financial liabilities incurred for work and materials to conduct surface mining operations of the scope or scale claimed;

c.

Evidence of compliance with all local land use or mining or ordinances, regulations, permits, authorizations and entitlements, both existing and prior, which govern or have governed the conduct of surface mining

operations upon such property; and

d.

With respect to areas not mined prior to January 1, 1976, for which a vested right is being claimed under the "diminishing assets doctrine", any and all objective evidence or other documentation showing an intention was established prior to January 1, 1976, to mine these areas.

(4)

The filing of a Claim of Vested Right shall be accompanied by a filing fee determined pursuant to the manner specified in County Code Section 10-6-1601(z). No application for a Claim of Vested Right shall be determined to be complete and ready for consideration by the Hearing Body until such fee is paid.

(5)

Whenever any of the claimed vested rights are in the 100-year floodplain for any stream and within one mile, upstream or downstream, of any state highway bridge, the Planning Division shall, pursuant to PRC Section 2770.5, notify the State Department of Transportation that the Claim has been received.

(h)

County Hearing Body/Official Review and Hearing.

(1)

The Planning Commission of the County of Siskiyou shall be the Hearing Body for vested rights determinations under this Chapter, unless, at the time of application, the applicant requests in writing to use and pay for a neutral, third-party administrative hearing official, selected by the Board of Supervisors, to act as the Hearing Official. The term Hearing Official as used herein may be a single individual or multiple individuals which form a panel. The process to select the Hearing Official, which may include contracting with the Office of Administrative Hearings of the State of California pursuant to Government Code 27727, and the establishment of the hearing procedure shall be adopted by resolution of the Board of Supervisors. Prior to the vesting rights application being deemed complete and processed, the applicant shall submit a deposit in the amount of 100 percent of the estimated cost for the third-party Hearing Official to conduct the vested mining rights determination. This cost shall be in addition to any other application fee that may be required by this section. At the conclusion of the vested rights determination, a complete accounting shall be conducted and any remaining balance on applicant's deposit shall be returned to the applicant or the applicant shall pay to the County any outstanding balance within thirty (30) days.

(2)

Upon determination by the Planning Director that the Claim of Vested Right application has been completed as detailed in this section, including the payment of all required applications fees and/or deposits, the Claim of Vested Rights application shall be scheduled for a public hearing before the Hearing Body or Official.

(3)

Written notice for said hearing shall be mailed to all property owners within 300 feet of the boundary of the property and to all other persons and entities listed in the Application, and noticed in any newspaper of general circulation that covers the area in question.

(4)

The Planning Division shall prepare a staff report with any recommendation(s) for consideration by the Hearing Body or Official. In preparing the report, the Planning Director shall attempt, but is not required, to provide a draft of the report to the Applicant at least seven (7) days in advance of its finalization to allow the Applicant to provide input on the facts presented in the report. In finalizing the report, the Planning Director shall consider any Applicant input received prior to the finalization for the report on the facts in the draft report but is not required to change the draft report as a result of said input. The finalized report shall be made available for public review no later than seven (7) days before the scheduled hearing date. Any applicant or public input received after the finalization of the report shall be forwarded to the Hearing Body or Official for consideration during the hearing process.

(5)

The Hearing Body or Official shall hold at least one noticed public hearing, or as many public hearings as the Hearing Body Official determines necessary to fully evaluate and consider all evidence for the Claim of Vested Rights Application.

(6)

Relevant evidence of a Claim of Vested Rights shall be written or oral evidentiary statements or material demonstrating or delimiting the existence, nature and scope of the claimed vested rights. Such evidence shall include, but is not limited to, evidence of any permit or authorization to conduct mining operation on the property in question prior to January 1, 1976, evidence of mining activity commenced or pursued pursuant to such permit or authorization, and evidence of any zoning or land use restrictions applicable to the property in question prior to January 1, 1976. As to any land for which Claimant asserts a vested right for expansion of operations, Claimant shall produce evidence demonstrating that the Claimant clearly intended to expand into such areas. Such evidence shall be measured by objective manifestations and not subjective intent at the time of passage of the law, or laws, affecting Claimant's right to continue surface mining operations without a permit.

(7)

At the conclusion of the hearing, the Hearing Body or Official, on the basis of evidence submitted at the hearing and upon findings made based upon said evidence, shall identify upon what specific property the vested rights are established and the scope and nature of surface mining operations included within the established vested right or rights.

(8)

A final determination recognizing that vested rights exist shall constitute acknowledgment that the specific surface mining operation identified upon the specific property or properties does not require a use permit pursuant to the County Code as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. The elimination of a use permit

ion recognizing that vested rights exist shall constitute acknowledgment that the specific surface mining operation identified upon the specific property or properties does not require a use permit pursuant to the County Code as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. The elimination of a use permit

requirement does not eliminate any other County, State, of Federal requirement that may be nonetheless applicable; such as approval of a reclamation plan and/or financial assurance. If any recognized vested rights are waived or abandoned, the vested mining operations identified shall become subject to the use permit requirements of the County Code and SMARA.

(i)

Right of Appeal of County Determination.

(1)

The determination of the Hearing Body or Official shall be final unless a written appeal, along with appeal fee, is filed in the same manner as provided for appeals of use permits and variances to the Board of Supervisors detailed in Title 10, Chapter 6 of the County Code.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.107. - Use permits.

Pursuant to County Code, a use permit shall be required for a surface mining operation which is not determined to be vested. A use permit shall also be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

If the surface mining operation for which a reclamation plan has been approved is not commenced within two (2) years of the approval date of the reclamation plan, the reclamation plan shall be null and void. An extension of time for an additional year may be granted by the original approving body provided the operator submits a request prior to the expiration of the reclamation plan. Extension of time shall not be granted to extend the date of completion of the reclamation plan.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.109. - Modifications to reclamation plans.

Any person having an approved reclamation plan may file for an amendment of that reclamation plan as specified herein. Amendment applications shall be in the form specified by the Community Development Department. An amendment to an approved reclamation plan will be considered major or minor based on whether there is a substantial deviation from the approved reclamation plan. All proposed reclamation plan amendments shall be submitted to the Supervisor of Mine Reclamation for concurrence that an amendment is a minor, non-substantial deviation from the approved plan, or for compliance review of a major, substantial deviation plan amendment. A major amendment shall be subject to the standard reclamation plan application fee and a minor amendment shall be subject to the minor amendment application fee.

(a)

Major, Substantial Deviation Reclamation Plan Amendments. A major reclamation plan amendment is any reclamation plan amendment that constitutes a substantial deviation from the existing, approved reclamation plan under this Section and SMARA. A substantial deviation shall be defined as a change or expansion to a surface mining operation that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed. In determining whether a change or expansion constitutes a substantial deviation, the lead agency shall take into consideration the following factors:

(1)

A substantial increase in the disturbance of a surface area or in the maximum depth of mining;

(2)

A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;

(3)

Changes that would substantially affect the approved end use of the site as established in the reclamation plan;

(4)

The consistency of any proposed change to the operation with the previously adopted environmental determinations and one that would trigger a new environmental document;

(5)

Whether the change would trigger a substantial amendment to any approved use permit applicable to the mining activity; and/or

(6)

Any other changes that the lead agency deems substantial deviations as defined in this subsection.

The Planning Commission is the decision-making body for substantial deviation reclamation plan amendments. The Planning Commission's decision may be appealed to the Board of Supervisors in accordance with Section 10-5.112.

(b)

Minor, Non-Substantial Deviation Reclamation Plan Amendments. Minor reclamation plan amendments may include any of the following if the Planning Director and the Department of Conservation determine the amendment does not constitute a substantial deviation from the approved reclamation plan:

(1)

Modifications that involve minor changes, such as those that improve drainage, improve slope designs within the reclamation plan boundaries or improve re-vegetation success;

(2)

Modifications that adjust the reclamation boundaries to incorporate areas disturbed prior to January 1, 1976, or existing components of the mining operation that were established in accordance with all other County requirements;

(3)

Approval of interim management plans for idle mines pursuant to this Chapter; or

(4)

Other modifications that the Planning Director determines do not constitute a substantial deviation from the approved reclamation plan upon concurrence from the Department of Conservation.

The Planning Director is the decision-making authority for non-substantial reclamation plan amendments. The Planning Director's decision may be appealed to the Planning Commission, and the Planning

Commission's decision may be appealed to the Board of Supervisors each in accordance with Section 105.112.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.110. - Interim management plans. ¶

(3)

The amount of financial assurances cost estimate required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface

mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism.

(4)

Financial assurance cost estimates shall be submitted to the County for review on a form developed by the Supervisor of Mine Reclamation and approved by the State Mining and Geology Board.

(5)

The financial assurances shall be made payable to the County and the Department of Conservation. A financial assurance mechanism shall not be released without the consent of the County and the Supervisor. Financial assurances that were approved by the County prior to January 1, 1993, and were made payable to the State Geologist shall be considered payable to the Department of Conservation for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurances from a public agency other than the County, the County shall deem those financial assurances adequate for purposes of this section, or shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the public agency, the County, and the Department of Conservation and otherwise meet the requirements of this section. In any event, if the County and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the County and the public agencies for any one year shall not exceed that amount which is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a "public agency" may include a federal agency (PRC Section 2773.1(a)(5)).

(6)

Estimates for financial assurances shall include descriptions of the tasks to be performed, identification of equipment, labor and materials requirements, definition of units costs, total cost per task, total direct cost of reclamation, and administrative costs including costs of supervision, profit and overhead, contingencies and mobilization. Additional required information may include a site plan showing the present limits of the disturbed area to be reclaimed, and other information necessary to verify the estimate.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the County or State may need to contract with a third-party for reclamation of the site.

(c)

Financial assurances determined not to substantially meet the requirements of PRC Section 2773.1 shall be returned to the operator within sixty (60) days. The operator has sixty (60) days to revise the financial assurances to address identified deficiencies, at which time the revised financial assurances shall be returned to the County for review and approval of completeness.

(d)

Prior to County approval, financial assurances shall be forwarded to the Supervisor of Mine Reclamation pursuant to Section 10-5.113 and PRC Section 2773.4.

(e)

The decision to approve financial assurances, both with respect to the form and amount thereof, shall be made by the Planning Director. The financial assurance estimates shall be based on an approved reclamation plan. The Planning Director's decision may be appealed in accordance with Section 10-5.112.

(f)

Financial assurances are not required of a surface mining operation, and shall be released, upon written notification by the County and the Supervisor of Mine Reclamation, which shall be forwarded to the operator and the institutions providing or holding the financial assurance mechanism, when reclamation has been completed in accordance with the approved reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the County and the Supervisor of Mine Reclamation until new financial assurances are secured from the new owner and have been approved by the County in accordance with Section 2770, 2773.1, and 2773.4. Within ninety (90) days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism, which may be the existing mechanism if the existing mechanism is payable in the event of the new operator's financial incapability or abandonment of the surface mining operation, that is subject to review by the County and the Supervisor pursuant to subdivision (e) of Section 2773.4. Within fifteen (15) days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility in accordance with paragraph (10) of subdivision (c) of Section 2772. (PRC Section 2773.1(c)).

(g)

The County shall conduct a public hearing to determines if the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without completing reclamation. The County shall provide notice of the public hearing to the operator and the Supervisor of Mine Reclamation at least thirty (30) days prior to the hearing.

(h)

If the County, following a public hearing, determines that the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without completing reclamation, the Planning Director shall do all of the following:

(1)

Notify the operator by personal service or certified mail that the County intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing;

(2)

Allow the operator sixty (60) days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the County and the operator;

(3)

Proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with subsection (h)(2) of this section; and

(4)

Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan. If the surface mining operation cannot be reclaimed in accordance with its approved reclamation plan, or the financial assurance mechanisms are inadequate to reclaim in accordance with its approved reclamation plan, the County or Supervisor may use forfeited financial assurance mechanisms to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by both the County and the Supervisor. In no event shall the financial assurances be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurances (PRC Section 2773.1(b)(1) through (2)).

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.112. - Appeals.

The decision of the Planning Director may be appealed to the Planning Commission within ten (10) calendar days of the decision by filing a notice of appeal with the clerk of the Planning Commission. The decision of the Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of the decision by filing a notice of appeal with the County Clerk.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.113. - State review of reclamation plans, interim management plans, financial assurances and amendments.

(a)

Prior to approving a surface mining operation's reclamation plan, interim management plan, financial assurances, including existing financial assurances reviewed by the County pursuant to PRC Section 2773.4, or any amendments, the County shall submit the plan, assurances, or amendments to the Supervisor of Mine Reclamation for review.

(b)

Pursuant to PRC Section 2772.1 and PRC Section 2773.4(b) the Supervisor of Mine Reclamation shall be given thirty (30) days to review the Reclamation Plan and fifteen (15) days to review the financial assurance, including any amendments, for completeness. Following the receipt of a complete Reclamation Plan submission, including any amendments, the Supervisor shall be given thirty (30) days to comment. Following the receipt of a complete financial assurance submission, including any amendments, the Supervisor shall be given forty-five (45) days to comment. For an interim management plan, the Supervisor shall be given thirty (30) days to comment pursuant to PRC Section 2770(h)(4)(C). The lead agency shall prepare a written response to the supervisor's comments describing the disposition of the major issues

he receipt of a complete financial assurance submission, including any amendments, the Supervisor shall be given forty-five (45) days to comment. For an interim management plan, the Supervisor shall be given thirty (30) days to comment pursuant to PRC Section 2770(h)(4)(C). The lead agency shall prepare a written response to the supervisor's comments describing the disposition of the major issues

raised by the supervisor's comments, and submit the lead agency's proposed response to the Supervisor at least thirty (30) days prior to approval of the reclamation plan, plan amendment, interim management plan, financial assurance, or financial assurance amendment. The lead agency's response to the supervisor's comments shall describe whether the lead agency proposes to adopt the supervisor's comments to the reclamation plan, plan amendment, interim management plan or financial assurance, or financial assurance amendment. If the lead agency does not propose to adopt the Supervisor's comments, the lead agency shall specify, in detail, why the lead agency proposes not to adopt the comments. Copies of any written comments received and responses prepared by the lead agency shall be forwarded to the operator. The lead agency shall also give the Supervisor at least thirty (30) days' notice of the time, place, and date of the hearing before the lead agency at which time the reclamation plan, plan amendment, financial assurance, or financial assurance amendment is scheduled to be approved by the lead agency. If no hearing is required by this chapter, or by the local ordinance, or other state law, then the lead agency shall provide thirty (30) days' notice to the Supervisor that it intends to approve the reclamation plan, plan amendment, interim management plan financial assurance, or financial assurance amendment. Within thirty (30) days following the approval of the reclamation plan or plan amendment, the lead agency shall provide the Supervisor notice of the approval. The lead agency shall provide, as soon as practicable but no later than sixty (60) days after approval of the reclamation plan or plan amendment, certified copies of all maps, diagrams, or calculations, signed and sealed in accordance with PRC Section 2772.1(b)(7)(A) and PRC Section 2772.1(b)(7)(B), including all required documentation as outlined in said sections. The lead agency shall send to the Supervisor its final response to the Supervisor's comments within thirty (30) days following its approval of the financial assurance or amendment during which period the department retains all powers, duties, and authorities of this chapter.

(c)

The County shall notify the Supervisor of Mine Reclamation of the filing of an application for a permit to conduct surface mining operations within thirty (30) days of such an application being filed (and determined complete) with the County.

(d)

Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, the County receiving the application for the issuance or renewal of a permit to conduct the surface mining operations shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more that forty-five (45) days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations. The County shall not issue or renew the permit until the Department of Transportation has submitted its comments or until forty-five (45) days from the date the application for the permit was submitted, whichever occurs first (PRC Section 2770.5).

(e)

The County shall comply with the procedures and timeframes prescribed in PRC Section 2774.2.5 when submitting to the Supervisor of Mine Reclamation for state review. If there is any conflict between the requirements of this section and SMARA, the requirements of SMARA shall govern.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

The County shall establish and maintain in-house measures and procedures to ensure organized record keeping and monitoring of surface mining reclamation under its jurisdiction. The County shall forward a copy of each permit and approved reclamation plan and financial assurance instrument to the Department of Conservation (14 CCR Section 3504).

(b)

Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the County that the release of that information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the Department of Conservation and to persons authorized in writing by the operator and by the owner (PRC Section 2778(a)).

(c)

A copy of all reclamation plans, reports, applications, and other documents submitted pursuant to this chapter shall be furnished to the Department of Conservation by the County on request (PRC Section 2778(b)).

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.117. - Enforcement. ¶

(a)

If the Planning Director, or his or her designee, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with SMARA, the approved reclamation plan, an interim management plan or the provisions of this chapter, then the Planning Director may follow the enforcement procedures and remedies provided in PRC Section 2774.1 including issuance of a notice of violation and any subsequent order to comply and administrative penalties. Such enforcement procedures and remedies are non-exclusive and are in addition to any other procedure or remedy provided under the law.

(b)

An appeal of an order to comply without administrative penalties must be made to the Planning Commission in accordance with Section 10-5.112 except that the appeal may be lodged within thirty (30) days of the order. An appeal of an order setting administrative penalties must be made directly to the Board of Supervisors in accordance with Section 10-5.112 except that the appeal may be lodged within thirty (30) days of the order. (PRC Sections 2774.1(a)(3)(B) and 2774.2(a)).

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

Sec. 10-5.118. - Fees.

The County shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the applicable State laws, including processing of applications, appeals, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator of the surface mining operation as required by the County at the time of filing of the reclamation plan application, modification to reclamation plan application, appeal, or time extension request, and at such other times as are determined by the County to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mine operator.

(Ord. No. 15-06, § I, 5-12-2015; Ord. No. 22-03, § I, 2-1-2022)

CHAPTER 6. - ZONING

Article 1. - Adoption and Purpose of Zoning Plan

Sec. 10-6.101. - Adoption.

There is hereby adopted a zoning plan for the County which is a districting plan as provided for under Section 65800 et seq. of the Government Code.

(§ 1.1, Ord. 256, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.102. - Purpose.

By enactment of the ordinance codified in this chapter it is the intent and objective of the Siskiyou County Board of Supervisors pursuant to authority cited in Section 10-6.101 to protect the public health, safety, peace, morals, comfort, convenience and general welfare and the following particularly specified purposes:

(a)

To assist in providing a definite plan of development for the County and to guide, control and regulate future growth of the County in accordance with said plan; and

(b)

To regulate the use of lands, buildings and structures so as to determine, establish, regulate and restrict:

(1)

The areas within which agriculture, forestry, industry, business and recreation may be conducted,

(2)

The areas in which residential uses may be permitted, regulated or prohibited;

(c)

Designate certain areas, uses or purposes which may be subject to special regulation; and

(d)

Determine, establish, regulate and restrict the location, setback, yards, height and size of buildings and other structures; and

(e)

Determine, establish, regulate and restrict the location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; and

(f)

Regulate population, density and distribution; and

(g)

Provide healthy surroundings for family life; and

(h)

Provide areas for peace and quiet, open space and privacy; and

(i)

Determine, establish, regulate and restrict the location of roads,; and

(j)

Ensure adequate highway utility, health, educational, recreational and other public facilities; and

(k)

Lessen congestion in and promote the safety and efficiency of streets and highways; regulate parking, loading and access for safety and efficiency purposes; and

(l)

Secure safety from fire, explosions, flooding, panic and other dangers; and

(m)

Provide adequate light, air, sanitation and drainage; and

(n)

Establish performance standards so as to guard against air and water pollution, unnecessary contamination, noises, vibrations and odors and also glare, heat, fire, flooding, radiation and other hazards and nuisances; and

(o)

Promote the efficient and economical use of public funds; and

(p)

Protect property values and property tax base; and

(q)

Recognize the needs of agriculture, forestry, industry, business and recreation and future growth; and

(r)

Further, the appropriate use of land, and encouraged uses of land and other natural resources which are in accordance with their character and adaptability; and

(s)

Prevent and control soil erosion, sedimentation and water pollution of the surface and subsurface waters; and

(t)

Further, the maintenance of safe and healthful water conditions; and

(u)

Prevent flood damage to persons and property and minimize expenditures, flood relief and flood control projects; and

(v)

Protect fish and animal life, including the spawning, resting, nesting, nursing and feeding areas; and

(w)

Obtain the wise use, conservation, development and protection of the County's water, soil, wetlands, woodlands, wildlife and other natural resources and attain a balance between land uses and the ability of the natural resource space to support and sustain such uses; and

(x)

Preserve natural growth and cover; promote, stabilize, and protect the natural beauty and amenities of landscape and manmade developments within the County and encourage the future aesthetic development of the County; and

(y)

Preserve neighborhoods and eliminate blight.

(§ 2.1, Ord. 256, as amended by § 1, Ord. 355, and § I, Ord. 94-07, eff. April 14, 1994)

Article 2. - Zoning Plan

Sec. 10-6.201. - Nature.

The zoning plan consists of the establishment of various districts within the unincorporated territory of the County within some, all, or none of which it shall be lawful, and within some, all, or none of which it shall be unlawful, to erect, construct, alter, or maintain certain buildings, or to carry on certain trades or occupations, or to conduct certain uses of land or buildings; within which the height and bulk of future buildings shall be limited; within which certain open spaces shall be required about future buildings; and consisting further of appropriate regulations to be enforced in such districts.

(§ 3.1, Ord. 256, as amended by § II, Ord. 355)

Sec. 10-6.202. - Districts.

The several districts are as follows:

(a)

Single-Family Residential District or Res-1 District;

(b)

Limited Multiple Family Residential District or Res-2 District;

(c)

Mixed Multiple Family Residential District or Res-3 District;

(d)

Multiple Family Residential District or Res-4 District;

(e)

Rural Neighborhood Commercial District or C-R District;

(f)

Neighborhood Commercial District or C-U District;

(g)

Town Center District or C-C District;

(h)

Highway Commercial District or C-H District;

(i)

Limited Industrial District or M-L District;

(j)

Light Industrial District or M-M District;

(k)

Heavy Industrial District or M-H District;

(l)

Rural Residential Agricultural District or R-R District;

(m)

Non-Prime Agricultural District or AG-2 District;

(n)

Prime Agricultural District or AG-1 District;

(o)

Timber Land Production District or TPZ District;

(p)

Open Space District or "O" District;

(q)

Combining Districts or "B" Districts;

(r)

Floodplain Combining Districts or "F" Districts;

(s)

Fault-Rupture Districts or F R Districts.

(§ 3.2, Ord. 256, as amended by § II, Ord. 355, § 4, Ord. 256, as amended by § 4.00, Ord. 309, § 1, Ord. 418, eff. November 25, 1965, § 1, Ord. 419, eff. December 9, 1965, §§ I and II, Ord. 437, eff. January 5, 1967, § 1, Ord. 514, § I, Ord. 515, eff. October 22, 1970, § I, Ord. 93-32, eff. August 10, 1993, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.203. - Effect of establishment of districts.

Except as otherwise provided in this chapter:

(a)

No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed as permitted in the district in which such building, land, or premises are located.

(b)

No building shall be erected, reconstructed, or structurally altered to exceed in height the limit designated for the districts in which such building is located.

(c)

No building shall be erected nor shall any existing building be altered, enlarged, or rebuilt, nor shall any open space be encroached upon or reduced in any manner except in conformity to the yard, building, site area, and building location regulations designated for the district in which such building or open space is located.

(d)

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

The provisions of this chapter shall be applicable to any individual, partnership, corporation, cooperative, association, trust, or other legal entity, district, or agency within the unincorporated territory of the County. When applicable the State and Federal governments shall conform to the provisions of this chapter.

(§ 3.3, Ord. 355)

Sec. 10-6.204. - Index Map.

The Index Map shall consist of an index to the Sectional District Maps which show the zoning plan. Copies of such maps shall be on file in the office of the County Clerk and in the office of the Planning Department.

(§ 3.4, Ord. 355, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.205. - Sectional District Maps.

Sectional District Maps shall consist of a series of maps, and copies of such maps, upon adoption by the Board, shall be on file in the office of the Planning Division of Public Health and Community Development and available for public inspection.

Said Section District Map Amendment No. 10-6.205-491-08-01 is on file in the Planning Division of Public Health and Community Development and is available for public inspection.

(§ 3.5, Ord. 355, as amended by § I, Ord. 94-07, eff. April 14, 1994)

(Ord. No. 09-12, § I, 8-11-2009; Ord. No. 10-09, § I, 5-4-2010)

Sec. 10-6.206. - Special Floodplain District Maps.

(§ 3.5, Ord. 355, as amended by Ord. 595, eff. June 21, 1973; repealed by § I, Ord. 94-07, eff, April 14, 1994)

Sec. 10-6.207. - Scott Valley Zoning Plan and Maps.

(Ord. 596, eff. August 24, 1973; repealed by § I, Ord. 94-07, eff. April 14, 1994)

Article 3. - Administration and Enforcement*

Article 3 entitled "Unclassified Districts (A-1)", consisting of Sections 10-6.301 through 10-6.303, codified from Ordinance Nos. 309 and 430, effective July 12, 1966, repealed by Ordinance No. 90-23, effective September 13, 1990.

Sec. 10-6.301. - General Plan consistency.

Where any regulations specified in this title and any portion of any element of the General Plan are inconsistent, the General Plan shall prevail.

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.302. - Zone district boundary interpretation.

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

Where such boundaries are indicated as approximately following street and alley lines, such lines shall be construed to follow the center of the street or alley, or along the lot line if the lot line is not also a street boundary; and

b.

Where public street or alley is officially vacated or abandoned and the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley; and

c.

For property described by district boundary, the locations of such boundaries unless indicated by dimensions shall be determined by use of the scale appearing on the map; and

d.

In all other cases where any uncertainty exists, the Planning Director shall determine the location of boundaries.

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.303. - Zone district land use interpretation.

Siskiyou County Zoning Ordinance is a permissive Zoning Ordinance. That means that only those uses which are described as permitted within each zoning district will be allowed within that district. Attempting to ensure that all classes of uses have been included within the Zoning Code, the County has utilized the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget, dated 1987.

Rather than call out each specific use that could be allowed in each zone, this chapter classifies major categories of use as either permitted or conditionally permitted as grouped by the Industrial Classification Manual.

As a result of this classification system, certain uses may be included within the topic heading, but not called out as specifically allowed either by right or by Use Permit. In these instances, the Planning Director is authorized to evaluate the use proposed against the General Standards as set forth in the district relative to permitted uses vs. conditionally permitted uses and determine into which category the use should be included.

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.304. - Combining uses. ¶

More than one permitted use may be permitted on one lot in any zoning district provided there is no conflict between the uses and, further, provided that the applicable zone requirements and County Development Standards are met. Each use must meet the lot area requirements without using the lot area requirements of another use. For lots for which a Use Permit has been approved, the only uses allowed are those specifically described by the Use Permit.

(§ I, Ord. 94-07, eff. April 14, 1994)

Article 4. - Residential Agricultural Districts (R-A)*

Sections l0-6.401 through 10-6.408, codified from Ordinance No. 256, as amended by Ordinance Nos. 309, 615, effective February 28, 1974, 625, effective July 26, 1974, 649, effective August 7, 1975, 786, effective November 8, 1977, 1045, effective August 27, 1981, 86-6, effective April 10, 1986, and 90-10, effective March 29, 1990, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 5. - Single-Family Residential Districts (R-1)*

Sections 10-6.501 through 10-b.508, codified from Ordinance No. 256, as amended by Ordinance Nos. 309, 1045, effective August 27, 1981, 86-6, effective April 10, 1986, and 90-10, effective March 29, 1990, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 6. - Duplex Residential Districts (R-2)*

Sections 10-6.601 through 10-6.608, codified from Ordinance No, 256, as amended by Ordinance Nos. 309, 1045, effective August 27, 1981, and 66, effective December 22, 1983, repealed by Ordinance No, 9023, effective September 13, 1990.

Article 7. - Multiple-Family Residential Districts (R-3)*

Sections 10-6.701 through 10-6.708, codified from Ordinance No. 256, as amended by Ordinance Nos. 309 and 1045, effective August 27, 1981, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 7-A. - Multiple Residential- Professional Districts (R-4)*

Sections 10-6.750 through 10-6.752, codified from Ordinance No. 419, effective December 9, 1965, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 8. - Neighborhood Commercial Districts (C-1)*

Sections 10-6.801 through 10-6.807, codified from Ordinance No. 256, as amended by Ordinance No. 309, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 9. - Central Commercial Districts (C-2)*

Sections 10-6.901 through 10-6.906, codified from Ordinance No. 256, as amended by Ordinance No. 309, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 10. - Light Industrial Districts (M-1)*

Sections 10-6.1001 through 10-6.1006, codified from Ordinance No. 256, as amended by Ordinance No. 309, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11. - Heavy Industrial Districts (M-2)*

Sections 10-6.1101 through 10-6.1105, codified from Ordinance No. 256, as amended by Ordinance No. 309, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-A. - Agricultural- Forestry Districts (A-F)*

Sections 10-6.1150 through 10-6.1154, codified from Ordinance No. 418, effective November 25, 1965, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-B. - General Agricultural Districts (A-2)*

Sections 10-6.1161 and 10-6.1162, codified from Ordinance No. 437, effective January 5, 1967, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-C. - Exclusive Agricultural Districts (E-A)*

Sections 10-6.1171 through 10-6.1174, codified from Ordinance Nos. 437, effective January 5, 1967, and 540, effective June 10, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-D. - Planned Development Districts (P-D)

Sec. 10-6.1181. - Purpose.

The Planned Development District is designated to accommodate various types of development, such as neighborhood and district shopping centers, professional administrative areas, multiple housing developments, single-family housing developments, commercial service centers, and industrial parks or any other use or combination of uses which can be made appropriately a part of a planned development.

The P-D District is intended to enable and encourage flexibility of design and development of land in such a manner as to promote its most appropriate use; to allow diversification in the relationship of various uses, structures, and spaces; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic qualities of open space and offer recreational opportunities close to home; to enhance the appearance of neighborhoods through the preservation of natural green spaces; and to counteract the effects of urban congestion and monotony.

The proposed development shall be designed to produce an environment of a stable and desirable character and shall provide standards of open space and permanently reserved areas for off street parking adequate for the occupancy proposed, and at least equivalent to those required elsewhere by the provisions of this chapter for such use. In case of residential development, it shall include provisions for recreation areas to meet the needs of the anticipated population.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1182. - Minimum land requirements.

A Planned Development District may be established on a parcel of land which is suitable for planning and development in a manner consistent with the provisions of this article.

(§ 1, Ord. 514, eff. October 22, 1970, as amended by § II, Ord. 879, eff. April 26, 1979; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986, as amended by § 1, Ord. 93-09, eff. February 23, 1993)

Sec. 10-61183. - General provisions.

The following specific regulations and the general rules set forth in this chapter shall apply to all Planned Development Districts; provided, however, where a conflict in regulations occurs, the regulations set forth in this section shall apply:

(a)

Open space.

(1)

Open space shall be defined as an area not occupied by structures or impervious surfaces, unless those structures or surfaces relate to active or passive recreational opportunities or open space.

(2)

Building density and use intensity shall be determined through an examination of parking requirements, open space needs. recreational demands, landscaping, and the ability of the proposed development to satisfy the intent of this article.

(3)

Open space may be provided for within a P-D plan through common areas, individual allotments, or combinations thereof.

(b)

Uses permitted. All and any uses set forth in this chapter may be permitted in a P-D District provided such uses are shown on the development plan for the particular P-D District as approved by the Board.

(c)

Uses requiring use permits. A use permit shall be required for any and all uses within a multi-phase or multi-use (more than one) P-D District. Use permits shall not be required for uses within P-D Districts involving a single use to be developed in one phase. A single use shall be defined as a solitary identified land use within a single structure or structures and the necessary accessory structures.

(d)

Height and space requirements. Maximum height and bulk and minimum setback, yard, parking, and lot requirements shall be enacted as part of each P-D District by the adoption by reference of the development plan approved by the Planning Commission and adopted by the Board.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1184. - Establishment. ¶

Planned Development Districts may be established or removed from the zoning map upon the application of a property owner or owners or upon initiation by the Board or Planning Commission in accordance with the procedure set forth in this article.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1185. - Development plans.

Development plans shall be accompanied by the necessary fees for rezoning, plus a plan-checking fee of One Hundred and no/100ths ($100.00) Dollars, plus Five and no/100ths ($5.00) Dollars per acre, or any fraction thereof, in excess of three (3) acres. An application for a P-D District shall include and be accompanied by the development plan which, if approved by the Board, shall become a part of the zoning map of the County. Upon the receipt of the development plan in the form specified, notice of a hearing shall be made by publication in a newspaper of general circulation in the County at least ten (10) days prior to the date of such hearing in accordance with the procedure set forth for rezonings. Following the holding of a hearing thereon, the Planning Commission may approve or modify the development plan. When approved the P-D District and the plan of development may be recommended to the Board for enactment in the same manner and following the same procedure as for any other zoning district.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1186. - Development plans: Changes.

Changes in development plans shall be considered the same as changes in the zoning map and shall be in accordance with the procedure set forth in this chapter, except that such changes may be accomplished by resolution rather than the passage of an ordinance.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1187. - Development plans: Contents.

(a)

Development plans shall be certified by a registered civil engineer as being a reasonable portrayal of the plan and shall include the following information drawn to a scale of one inch equals 100 feet:

(1)

A map showing any street and lot design proposed within the district;

(2)

Any areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and other such uses. Compliance with this requirement shall not be construed to relieve the applicant from compliance with the subdivision regulations or any other applicable regulations of the County; and

(3)

When required by the Planning Commission, a map showing the topography of the proposed district at one-foot contour intervals shall be a part of the development plan.

(b)

General plot plans shall be prepared for each site in the proposed P-D District, or any portion thereof, as required by the Planning Commission. A plot plan shall not be required for a building site to be used for a single-family residence unless such plot plan is required by the specific plan of development. A required plot plan shall show the location of all the proposed buildings, indicating distances between the buildings and between the buildings and the property lines. The following plans and diagrams may also be required by the Planning Commission or similar information may be required to be included on the plot plan or appended thereto:

(1)

An off-street parking and loading plan. Such a plan may be presented in terms of a ratio between off-street parking and loading spaces and building floor area if accompanied by an example plan demonstrating the feasibility of the proposed ratio;

(2)

A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the P- D District and to and from adjacent public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation pattern shall be shown;

(3)

A preliminary grading plan;

(4)

A landscaping and tree planting program;

(5)

Typical elevations and/or perspective drawings of all types of proposed structures. Such drawings need not be the result of final architectural decisions and need not be in detail. The purpose of such drawings shall be to indicate within stated limits the heights of proposed buildings and the general appearance of the types of proposed structures to the end that the entire development will have architectural unity and be in harmony with surrounding development;

(6)

The proposed land uses;

(7)

The proposed phasing of development; and

(8)

A statement of the population density, employee density, and traffic generation calculations.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1188. - Development schedule. ¶

(a)

An application for a Planned Development District shall be accompanied by a development schedule indicating to be the best of the applicant's knowledge the approximate date on which the construction of the project can be expected to begin; the anticipated rate of development; and the anticipated completion date. The development schedule, if approved by the Board, shall become a part of the development plan and shall be adhered to by the owner of the property within the P-D District and his successors in interest.

(b)

If, in the opinion of the Planning Commission, the owners of the property in the P-D District are failing, or have failed, to meet an approved development schedule, the Commission may initiate proceedings pursuant to the provisions of this chapter to remove the P-D District from the zoning map or to attend the development plan. Upon the recommendation of the Planning Commission and for good cause shown by the property owner, the Board may extend the limits imposed by the development schedule.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Sec. 10-6.1189. - Development plans: Approval by Planning Commission: Criteria.

The Planning Commission may approve the development plan if it finds that the facts submitted with the application and presented at the hearing establish beyond reasonable doubt that:

(a)

The proposed Planned Development District or the first phase of it can be substantially completed within four (4) years after the district is established;

(b)

Each individual development phase can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district;

(c)

The streets and thoroughfares proposed are suitable and adequate to gather anticipated traffic and will not generate traffic in such amounts as to overload the street network outside the planned district;

(d)

Any residential development will constitute a residential environment of sustained desirability and stability and will be in harmony with the character of the surrounding neighborhood and community and will result in densities no higher than those permitted by the General Plan;

(e)

Any proposed commercial or industrial development conforms to the applicable desirable standards and will constitute an efficient well-organized development, with adequate provisions for access and storage, and it will not adversely affect adjacent or surrounding development;

(f)

The area surrounding the P-D District can be planned and zoned in coordination and substantial compatibility with the proposed development;

(g)

The P-D District conforms with the General Plan of the County; and

(h)

Adequate utility service can be supplied to the area of the P-D District.

(§ 1, Ord. 514, eff. October 22, 1970; repealed and reenacted by § I, Ord. 86-27, eff. September 3, 1986)

Article 11-E. - Combining Districts (B-5)*

Section 10-6.1191, codified from Ordinance No. 515, effective October 22, 1970, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-F. - Open Space Districts (O)*

Section 10-6.1192, codified from Ordinance No. 594, effective June 7, 1973, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 11-G. - Combining Districts (B-80)*

Section 10-6.1195, codified from Ordinance No. 6, effective October 14, 1982, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 12. - Use Permits

Sec. 10-6.1201. - Application.

Applications for use permits, when required by the provisions of this chapter, shall be filed with the secretary of the Planning Commission and shall be accompanied by maps, plans, drawings, the information necessary for their proper consideration, and a fee set by the Board.

(§ 5, Ord. 256, as amended by § IX, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1202. - Approval and disapproval.

The Planning Commission shall, at its next regular meeting, approve or disapprove such application or approve it subject to any reasonable conditions to insure the purposes of this chapter. The Planning Commission may require guarantees to insure compliance with such conditions.

(§ 5, Ord. 256)

Sec. 10-6.1203. - Revocation.

Violations of the provisions of this chapter or of the conditions to the granting of use permits shall constitute cause for the revocation of use permits.

(§ 5, Ord. 256)

Sec. 10-6.1204. - Appeals.

Any action of the Planning Commission may be appealed in writing to the Board within ten (10) days after the action of the Planning Commission, accompanied by a fee set by the Board. The Board shall report its action on any appeal to the Planning Commission.

(§ 5, Ord. 256, as amended by § IX, Ord. 97-21, eff. August 7, 1997)

Article 13. - Variances*

Article 13 entitled "Interim Zoning (Vicinity of Weed)," consisting of Sections 10-6.1301 through 10-6.1306, codified from Ordinance No. 356, amended in its entirety by Section I, Ordinance No. 623, effective July 17, 1974.

Sec. 10-6.1301. - Criteria.

Applications for variances from the strict application of the provisions of this chapter may be made and variances granted when the following circumstances are found to apply:

(a)

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situate; and

(b)

That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical district classification.

The use of lands or buildings not in conformity with the nature of uses specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the provisions of this chapter.

(§ I, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1302. - Applications: Form: Fees: Accompanying data.

Applications for variances shall be made in writing by the owners of the property, or their agents, on forms prescribed by the Planning Department. Lessees, purchasers in escrow, optionees, or other persons may

act as agents upon filing with the application a copy of an instrument signed by the owner and designating such agent. The application shall be accompanied by a fee set by the Board (refer to Article 16 of this chapter), a plan of the details of the variance requested, and evidence showing:

(a)

Justification for the variance meeting the provisions of subsections (a) and (b) of Section 106.1301 of this chapter; and

(b)

That the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health, and welfare.

(§ I, Ord. 623, eff. July 17, 1974, § I, Ord. 92-12, eff. April 28, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.1303. - Granting.

If the Planning Director shall find that the qualifications set forth in Section 10-6.1301 of this article apply to the land, building, or use for which the variance is sought and that such variance is in accordance with the intent of this chapter, the Planning Director may grant all or part of the variance sought

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12; eff. April 28, 1992)

Sec. 10-6.1304. - Application: Administrative review.

An administrative review shall be conducted upon any variance application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within 300 feet of the parcel upon which the variance is requested.

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12, eff. April 28, 1992)

Sec. 10-6.1305. - Issuance.

Variances shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed pursuant to the provisions of Article 14 of this chapter, shall not be issued until a decision thereon shall have been made by the Planning Commission Board.

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12, eff. April 28, 1992)

Sec. 10-6.1306. - Acknowledgment: Acceptance of conditions.

Variances shall not have any force and effect until the permittee acknowledges the receipt thereof and the acceptance of any conditions thereto.

(§ I, Ord. 623, eff. July 17, 1974)

Article 14. - Expiration, Revocation, and Appeals of Permits and Variances*

Article 14 entitled "Interim Zoning (Vicinity of Mt. Shasta)," consisting of Sections 10-6.1401 through 106.1406, added by Ordinance No. 381, effective June 18, 1962, amended in its entirety by Section II,

Ordinance No. 623, effective July 17, 1974.

Sec. 10-6.1401. - Expiration of permits. ¶

(a)

Any zoning permit, use permit, or variance granted in accordance with the provisions of this chapter shall, without further action, become null and void if not used within two (2) years after the date of approval thereof or within any shorter period of time if so designated by the Planning Commission or Board.

(b)

Any zoning permit, use permit or variance ranted in accordance with the provisions of this chapter may be granted one two (2) year time extension. Requests for a time extension shall be in writing to the Planning Department prior to the expiration date. The agency granting the time extension shall set the final date of expiration to extend not more than four (4) years beyond the date of the first approval.

(§ II, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 90-22, eff. August 9, 1990)

Sec. 10-6.1402. - Revocation of permits. ¶

Any zoning permit, use permit, or variance granted in accordance with the provisions of this chapter may be revoked by the Board in the manner set forth in this section if any of the conditions or terms of such permits or variances are violated, if compliance is not made with the provisions of this chapter, or if the following findings are made:

(a)

Use Permits. The continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such use or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the County; and

(b)

Variances. Continued relief from the strict application of the provisions of this chapter would be contrary to the public interest, safety, health, and welfare.

Before the Board shall consider the revocation of any permit, the Planning Commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing and in the same time and manner provided by law. Within five (5) days thereafter, the Planning Commission shall transmit a report of its findings and its recommendations on the revocation to the Board.

(§ II, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1402.1. - Filing fee.

All persons requesting the revocation of any permit shall pay all fees and/or deposits as provided by the County's ordinance establishing fees and charges.

(§ X, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1403. - Appeals on the permits and variances.

In the event any protestant to the use permit or variance sought is not satisfied with the action of the Planning Commission or Planning Director on such matter, he may, within ten (10) days, make an appeal regarding such action to the Board or Planning Commission, accompanied by a fee set by the Board.

(§ II, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-11, eff. April 28, 1992, as amended by § X, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1404. - Appeals on use permits and variances: Procedure.

Appeals on administrative permits and variances shall be made in writing and filed with the Planning Director, accompanied by a fee set by the Board. Upon the receipt of such appeal, the Planning Director shall set the matter for public hearing before the Planning Commission, notice thereof to be given in the same time and manner provided by law.

Notice shall be given to the applicant of such appeal time and a report shall be submitted by the Planning Director to the Planning Commission setting forth the reasons for the action taken by the Planning Director. Such report shall be submitted in writing and may be supplemented by oral and documented evidence. The action of the Planning Commission to change the decision of the Planning Director shall be by the affirmative vote of not less than a majority of its total membership.

The decision of the Planning Commission shall be rendered at the close of the hearing on the matter.

(§ II, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-11, eff. April 28, 1992)

Sec. 10-6.1405. - Appeals on use permits and variances to Board: Procedure.

Appeals on use permits and variances shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

Upon the receipt of such appeal, the Board shall set the matter for public hearing, notice thereof to be given in the same time and manner provided by law.

Notice shall be given to the Planning Commission and the applicant of such appeal. Appeal hearings shall be de novo. The action of the Board shall be by the affirmative vote of not less than a majority of its total membership. The decision of the Board shall be rendered not more than forty-five (45) days after the close of the hearing.

(§ I, Ord. 92-11, eff. April 28, 1992; Ord. No. 17-09, § I, 7-11-2017)

Article 15. - General Provisions, Conditions, and Exceptions*

Article 15 entitled "Variances", consisting of Section 10-6.1501, added by Ordinance No. 437, effective January 5, 1967, amended in its entirety by Section III, Ordinance No. 623, effective July 17, 1974.

Sec. 10-6.1501. - Scope.

All regulations pertaining to the districts established in this chapter shall be subject to the general provisions, conditions, and exceptions set forth in this article.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1502. - Uses. ¶

All of the uses listed in this section, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts in this chapter, and, therefore, the authority for and the location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Article 12 of this chapter, the Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses permitted in surrounding areas: damages or nuisances from noise, smoke, odor, dust, or vibration; hazards from explosions, contamination, or fire; and hazards occasioned by an unusual volume or character of traffic or the congregating of a large number of people or vehicles. Such uses are as follows:

(a)

Airports and landing fields;

(b)

Cemeteries, subject to the following conditions:

(1)

There shall be a 100 foot setback from the property line of any interment,

(2)

An offer of dedication shall be recorded at the office of the County Recorder setting forth the purpose and restrictions upon the ground for its use as a cemetery, and

(3)

A map shall be recorded in the office of the County Recorder designating the area to be used as a cemetery in accordance with subdivision (2) of this subsection;

(c)

Establishments or enterprises involving large assemblages of people or automobiles, as follows:

(1)

Amusement parks and race tracks,

(2)

Circuses and carnivals,

(3)

Public buildings, parks, and other public recreational facilities,

(4)

Recreational facilities privately operated,

(5)

Resorts, and

(6)

Public celebrations;

(d)

The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;

(e)

The removal or deposit of earth other than in connection with excavations or deposits in connection with the construction of buildings, roadways, or public or home improvements;

(f)

Fire houses; and

(g)

A bed and breakfast facility may occur in a single-family dwelling subject to the following conditions and standards:

(1)

The facility shall be owner or resident manager occupied,

(2)

No more than five (5) rooms shall be available for rent,

(3)

The maximum board or rental period shall not exceed two (2) weeks,

(4)

Meals. Food service facilities shall conform to regulations set by the State pertaining to food facilities,

(5)

Sanitation requirements shall:

(i)

Meet the Uniform Plumbing Code based upon occupancy, and

(ii)

Meet the existing County and State water and sewage disposal regulations,

(6)

Accessory uses. Pools, spas, saunas, and laundry facilities, if provided, shall be subject to Health Department review and shall be subject to County and State regulations,

(7)

Inspections and permit fees. Fees for bed and breakfast facilities shall be as required by County laws,

(8)

Parking. One off-street parking space shall be provided for each room available for rent;

(h)

Temporary portable asphalt and/or concrete batch plants incidental and accessory to an off-site public construction project, with one mile radius notification requirement, not to exceed the life of the construction project, with one year review, not to exceed two (2) years.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 68, eff. January 26, 1984, § I, Ord. 85-25, eff. August 22, 1985, § I, Ord. 85-39, eff. January 9, 1986, § I, Ord. 86-6, eff. April 10, 1986, § I, Ord. 94-07, eff. April 14, 1994, § I, Ord. 94-22, eff. October 13, 1994, § II, III and IV, Ord. 01-01, eff. February 8, 2001, § I, Ord. 01-08, eff. April 19, 2001, § I, Ord. 02-21, eff. January 9, 2003, and § II, Ord. 04-10, eff. September 7, 2004)

(Ord. No. 19-09, § 1, 8-6-2019; Ord. No. 24-04, §§ II, III, 3-19-2024)

Sec. 10-6.1503. - (Repealed.)

(§ III, Ord. 623, eff. July 17, 1974; repealed by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.1504. - Height limits: Use Permit required.

Commercial silos, monuments, commercial radio towers, water towers, water tanks and similar structures may be permitted to exceed the height limit for the district in which such are to be located upon securing a Use Permit in each case; provided, however, the provisions of this section shall not be construed to require a Use Permit for poles for the distribution of utility services.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-27, eff. December 29, 1994)

Sec. 10-6.1504.1. - Height limits: Administrative Permit required.

Chimneys (except residential), silos, windmills, flag poles, gas storage holders, church steeples, mechanical appurtenances and other similar structures may be permitted to exceed the height limit for the district in which such are to be located, upon first securing an Administrative Permit in each case.

(§ II, Ord. 94-27, eff. December 29, 1994)

Sec. 10-6.1504.2. - Application: Administrative review.

Applications for Administrative Permits to exceed height limitations, when required by the provisions of this chapter, shall be filed with the Planning Department and shall be accompanied by maps, plans, drawings, photographs and other pertinent information necessary for their proper consideration. An administrative review shall be conducted upon any Administrative Permit application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within three hundred (300') feet of the parcel upon which the Administrative Permit is requested.

(§ III, Ord. 9427, eff. December 29, 1994)

Sec. 10-6.1504.3. - Granting.

The Planning Director is authorized to either approve, conditionally approve, or deny the issuance of Administrative Permits. The Planning Director may grant all or part of the height of which the Administrative Permit is sought.

(§ IV, Ord. 94-27, eff. December 29, 1994)

Sec. 10-6.1504.4. - Issuance.

Administrative Permits shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decisionmaking body.

(§ V, Ord. 94-27, eff. December 29, 1994)

Sec. 10-6.1504.5. - Appeals.

Any administrative action by the Planning Director may be appealed in writing to the Planning Commission within ten (10) days from the date of the administrative action, accompanied by a fee set by the Board.

(§ VI, Ord. 94-27, eff. December 29, 1994, as amended by § XI, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1505. - Height limits: Residential districts.

In any R District where a use permit is secured for an increased height limit, the front, side, and rear yards shall be increased by one foot for each one foot by which the building exceeds the height limit specified for such use.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1506. - Yards: Measurement.

Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line, and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any Official Plan Line.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1507. - Front setbacks: Residential districts.

In the Res-1 and Res-2 Districts, where four (4) or more lots in a block have been approved with buildings on or before June 17, 1974 (not including accessory buildings), the minimum required front setback shall be the average of the improved lots if such setback is less than the stated requirements for the districts.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.1508. - Corner lots: Reversed frontages: Yards.

(§ III, Ord. 623, eff. July 17, 1974; repealed by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.1509. - Substandard lots: Residential districts.

In the R Districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which such parcel is located, but if, and only if, such parcel was in single ownership on or before June 17, 1974. No structure shall be erected on any substandard parcel if such parcel was created on or after July 17, 1974.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1510. - Substandard lots: Side yards: Residential districts.

The width of interior side yards for single-family dwellings constructed pursuant to the provisions of Section 10-6.1509 of this article may be reduced to ten (10%) percent of the width of such parcel but in no case to less than three (3') feet.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1511. - Dwelling unit entrances on sides of buildings.

In any R District, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback from the front setback line to such entrance shall be not less than ten (10') feet.

(§ III, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1512. - Accessory buildings on sites less than one acre.

Accessory buildings in an R District, on sites less than one acre, shall be located on the rear half of the lot. All of the building and zoning setbacks shall be as set forth in the underlying zoning district.

(§ III, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.1513. - Home occupations.

(a)

In an attempt to allow for the personal and professional development of skills, and at the same time protect the integrity and characteristics of the residential neighborhood, a home occupation shall be allowed subject to the issuance of an administrative use permit by the Planning Director and further subject to the following limitations:

(1)

The total area of the business, including storage, shall not exceed twenty-five (25%) percent of the home's square footage nor change the outside appearance of the structure in such a way as to conflict with other homes' residential appearances.

(2)

No employees shall be permitted.

(3)

No outside display or storage shall be permitted.

(4)

(Repealed).

(5)

(Repealed).

(6)

Uses which are intended to be small in nature, and uses which grow to be offensive or hazardous due to noise, traffic, or hazardous materials or which impair aesthetic values may be terminated by the Planning Commission by the revocation of the granted use permit.

(7)

Strictly retail businesses shall not be allowed (that is, grocery stores, stock item stores, and the like).

(8)

Other conditions deemed necessary by the Health Department, Public Works Department, or other agencies having jurisdiction deemed necessary to assure the protection of the public health and safety.

(b)

Notice to all property owners within 300 feet of the parcel upon which the proposed home occupation permit is requested shall be provided, along with proposed conditions and rights of appeal.

(c)

A decision of the Planning Director in the issuance or denial of any requested home occupation permit shall be subject to appeal, within ten (10) days following the decision, and without cost to the Planning commission.

(d)

Businesses utilizing telephones only with no employees, no display or storage, and no signs will be permitted upon the registration of such businesses with the Planning Department and subject to the limitations described in this section, acknowledged by the signature of the applicant.

(e)

Fees for home occupations are determined by the Board of Supervisors and are as set forth in Article 16 of this chapter.

(§ II, Ord. 86-6, eff. April 10, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § 1, Ord. 01-08, eff. April 19, 2001)

Sec. 10-6.1514. - Architectural features.

Cornices, eaves, canopies and similar architectural features may be extended into any required yard, not more than two and one-half (2½) feet or fifty percent (50%) of the required yard setback whichever is less.

(§ I, Ord. 88-21, eff. August 11, 1988).

Sec. 10-6.1515. - Second unit housing.

(a)

In an attempt to provide a streamlined method for the issuance of second unit housing permits, while at the same time preserving the spirit and intent of the State regulations in this matter, the Planning Director shall issue an administrative special permit for second units ministerially without notice and hearing on a form prescribed by the Planning Director subject to the following limitations:

(1)

The unit is not intended for sale and may be rented. One of the two (2) units shall be owner-occupied and the property owner has obtained a Homeowners' Property Tax Exemption through the Assessor's Office to the satisfaction of the Planning Director.

(2)

The lot is zoned Res-1, Res-2, Res-3, Res-4, R-R, or AG.

(3)

The lot contains an existing single-family dwelling.

(4)

The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling.

(5)

The total area of floor space for an attached second unit shall not exceed thirty percent (30%) of the existing living area. The total area of floor space for a detached second unit shall not exceed 1,200 square feet.

(6)

Any construction shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements applicable to the attached or detached residential construction type in the zone which the property is located.

(7)

Building Code requirements shall apply as determined appropriate by the Chief Building Official.

(8)

Approval by the local health officer of the water system and sewage disposal system is required and if the sewage disposal system is a on-site septic system the parcel has a minimum size of five (5) acres.

(9)

A site plan shall be provided which clearly shows where the required parking for the primary unit is located and where one parking space per bedroom is located for the second unit to the satisfaction of the Planning Director.

(10)

Prior to building permit issuance, the property owner shall sign a deed restriction against the property stating that this approval is contingent upon the following conditions being met and violation and/or noncompliance with any of these conditions constitutes grounds for permit revocation. Prior to building permit final being granted and occupancy of the second unit, the deed restriction shall be recorded to the satisfaction of the Planning Director:

(i)

The second dwelling unit may not be sold separately from the primary dwelling unit and only one of the dwelling units may be rented.

(ii)

One of the dwelling units on the site must be used as the property owner's principal residence and the property owner has obtained a Homeowners' Property Tax Exemption through the Assessor's Office to the satisfaction of the Planning Director.

(iii)

All future owners are hereby advised that the use of either dwelling unit in conjunction with any business operations is strictly regulated by the Siskiyou County Code. Any such use shall be reviewed and approved by the County of Siskiyou prior to said use commencing.

(iv)

The approved parking stalls shall be maintained at all times.

(b)

In the event that a proposed second unit does not meet either the attached unit size or lot area size standards of Section 10-6.1515(a) to qualify for the issuance of a ministerial permit as determined by the Planning Director, the Planning Director may approve an administrative special permit in a manner and form deemed appropriate subject to the following:

(1)

All requirements contained in Section 10-6.1515(a) shall be met except as may be modified below and specifically conditioned in the Planning Director administrative special permit.

(2)

The size of an attached second unit may exceed the otherwise permitted maximum percentage provided that it does not exceed the lesser of sixty (60) percent of the living area of the primary structure or 1,200 square feet, does not contain more than two (2) bedrooms and is designed as an integral, unnoticeable part of the primary dwelling unit.

(3)

If the sewage disposal system is an on-site septic system and the parcel is less than a minimum size of five (5) acres, the local health officer has approved the sewage disposal system with the necessary conditions to protect the public health.

(c)

Rights of appeal are provided for in the County Code.

(§ I, Ord. 89-34, November 23, 1989, as amended by §§ I, II, Ord. 91-42, eff. March 12, 1991 and § I, Ord. 92-18, eff. June 23, 1992)

(Ord. No. 10-15, § VI, 12-7-2010; Ord. No. 13-06, § I, 7-9-2013)

Sec. 10-6.1516. - Residential storage building.

When allowed by the zoning ordinance, one residential storage building may be constructed or installed on the property prior to the construction of a residence, subject to the following provisions:

(a)

The parcel has been reviewed and determined a legally created parcel.

(b)

The parcel has been reviewed and determined to be a buildable parcel. The future buildability will not be affected by the placement of this structure.

(c)

The structure as approved is not to be equipped or used for residential purposes or human occupancy of any kind prior to receiving appropriate zoning, health and building approval.

(d)

The building is not to be connected to any utilities, including gas, sewer; water or electricity.

(e)

Issuance of this permit neither implies nor guarantees that the county will issue other permits for residential or other uses of this property at this same location or other locations in the future.

(f)

Further development of the property will require issuance of all appropriate zoning, health and building entitlements in effect at the time of request for expansion of use.

(§ I, Ord. 90-10, eff. March 29, 1990)

Sec. 10-6.1517. - Incremental development of residentially zoned property.

(a)

A property zoned for single-family dwellings may be developed with the infrastructure necessary to support a single-family dwelling prior to the actual construction of a single-family dwelling. Necessary residential infrastructure shall be developed in the following order and subject to the following conditions:

(1)

Health department review of sensitive areas may require a professionally prepared plot plan;

(2)

The parcel has been reviewed and determined a legally created parcel;

(3)

An on-site sewage disposal evaluation is completed substantially demonstrating that the property can be developed with a septic tank and leachfield system;

(4)

A source of water, with quantity and quality acceptable to the public health department, is developed to serve the parcel;

(5)

A septic tank and leachfield for residential purposes is installed on the property.

(b)

Upon the completion of the construction of a well, a notice shall be recorded, setting forth any conditions which may exist relative to utilization of the well, together with a plot map locating the well on the property as necessary.

Upon the subsequent installation of a sewage disposal system, a notice shall be recorded, setting forth any conditions relative to the utilization of the septic tank, together with a plot map locating the septic system on the property as necessary.

In the case of concurrent development of well and septic system, a single recording may be utilized.

(c)

The form of the document recorded shall be acceptable to the County of Siskiyou and signed by the property owner.

(§ I, Ord. 91-13, eff. May 9, 1991)

Sec. 10-6.1518. - Wireless communications facilities. ¶

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the orderly development, operation, and maintenance of wireless communications facilities. The regulations contained herein are designed to protect and promote public health, safety, and welfare and the aesthetic quality of the County as set forth in the policies of the General Plan. It is also the intent to provide the community with benefits of this technology and not unduly restrict service providers from providing these benefits to the County and its citizens. The establishment of wireless communications facilities as a land use shall be subject to the regulations set forth by the applicable Zoning District. In all locations which permit the development and use of wireless communications facilities, the following shall apply:

(a)

General requirements for materials to accompany an application. Applications for a Use Permit, as specified under Section 10-6.1201, for wireless communications facilities shall be accompanied by the materials listed below. The Planning Director may waive the requirement for submittal of any information described herein when determined inapplicable based on project-specific factors.

(1)

A written description of the type of technology and consumer services the carrier will provide its customers;

(2)

Technical information, including but not limited to, visual analysis, alternative site analysis, landscape and post-construction reclamation plans, and lighting plans;

(3)

A copy of the land use easement or restriction which encumbers the proposed facility site. Financial arrangements need not be revealed;

(4)

Technical information to show whether future service providers may co-locate on the proposed facility and the capacity the structure will support.

(i)

For facilities not proposed to be co-located the carrier shall provide information substantiating the impracticality of co-locating. The County may, at the expense of the applicant, require independent peer review of the analysis as part of the review process.

(ii)

Carrier leases may be required to provide opportunities for future co-locations of other carrier's antennae and related equipment. Leases which convey exclusive (single-user) rights for wireless communications facilities to the extent that such leases may preclude development of suitable co-location facilities are discouraged and may be prohibited as deemed appropriate by the Planning Commission.

(iii)

The design of wireless communications facilities should promote shared use among different carriers. To the extent feasible, lease areas, antennae support, and equipment structures shall be designed to provide for the consolidation of future facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures.

(iv)

Existing facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

(b)

Standard requirements. Applicants for wireless communications facilities shall be required to comply with the following standard conditions:

(1)

(1)

The County shall act on any request for authorization to place, construct or modify wireless communications facilities within a reasonable period of time after the request is duly filed taking into account the nature and scope of the request.

(2)

Any decision by the County denying a request to place, construct, or modify wireless communications facilities shall, in writing, be supported by substantial evidence (findings).

(3)

Any person adversely affected by any action or failure to act by the County that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction.

(§ 1, Ord. 9806, eff. April 9, 1998)

Sec. 10-6.1519 - Keeping of certain domesticated livestock and horses in RES-1 Zoning District.

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the keeping of certain domesticated livestock (sheep, alpaca, llamas, goats and the like) and horses (including mules and donkeys) in the RES-1 Zoning District to protect and promote the public health, safety, and general welfare of the County.

(a)

No person shall keep, maintain or board livestock (sheep, alpaca, llamas, goats and the like) and horses (including mules and donkeys) in the RES-1 Zoning District unless an Administrative Permit has been approved subject to the provisions herein:

(1)

Any person wishing to keep animals regulated by this section shall file for an Administrative Permit with the Planning Department and shall be accompanied by maps, plans, drawings, photographs, application fee and other pertinent information necessary for their proper consideration.

(2)

An administrative review shall be conducted upon any Administrative Permit application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within 300 feet of the parcel upon which the administrative permit is requested.

(3)

The Planning Director is authorized to approve, conditionally approve, or deny the issuance of an Administrative Permit. The Planning Director may grant all or part of the proposal of which the Administrative Permit is sought.

(4)

(5)

The Planning Director may refer an administrative permit applied for herein directly to the Planning Commission for formal action.

(6)

An administrative approval, conditional approval, or denial by the Planning Director may be appealed in writing to the Planning Commission within ten (10) days from the date of the administrative action, accompanied by a fee set by the Board.

(b)

The following are the minimum standards required by this Section:

(1)

The minimum lot size shall be five (5) acres.

(2)

Agricultural structures designed for the housing of the animals regulated by this section shall be setback a minimum of fifty (50) feet from any property line.

(3)

In approving the number of animals, consideration of accepted animal husbandry practices shall be given.

(4)

The installation and/or maintenance of any necessary fencing shall be the responsibility of the applicant.

(5)

Any additional requirements and conditions that have been determined necessary as part of the approval process.

(Ord. No. 12-09, § III, 4-10-2012)

Article 16. - Application Fees

The fees set out in this Article 16 are authorized by California Public Resources Code section 2207(e), as amended, to cover reasonable costs incurred in implementing chapters 2 and 9 of Division 2 of the California Public Resources Code and other applicable law. It is the intent of the Board of Supervisors of the County of Siskiyou to require the recovery of costs reasonably borne from fees, charges and regulatory license fees levied there from in providing the regulation, products or services hereinafter enumerated in this chapter. The fee and service level cost system set forth in this chapter provides a mechanism for ensuring that fees adopted by the County of Siskiyou for services rendered do not exceed the reasonable estimated cost of providing the level of services for which the fees are charged, and maintain equity in the delivery of those services.

The adoption of this chapter is exempt from the California Environmental Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of the county. The County Planning Department is authorized to collect the fees identified herein and to prepare administrative procedures to assist in implementing this Article, including, but not limited to, procedures for the timing and manner of collection of the fees involved.

ecause it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of the county. The County Planning Department is authorized to collect the fees identified herein and to prepare administrative procedures to assist in implementing this Article, including, but not limited to, procedures for the timing and manner of collection of the fees involved.

				Implementation Date	Implementation Date
				At Adoption	July 1, 2011	July 1, 2012	July 1, 2013	March 5, 2016
	Application Type
(a)	General Plan Amendments
		Minor	(1)	$575.00	$750.00	$875.00	$1,150.00
		Major	(2)	$1,675.00	$1,675.00	$1,675.00	$1,675.00
(b)	Zone Changes
		Minor	(1)	$1,125.00	$1,125.00	$1,175.00	$1,175.00
		Major	(2)	$1,525.00	$1,525.00	$1,550.00	$1,800.00
(c)	Planned Development Rezoning			$1,525.00	$1,650.00	$1,775.00	$1,950.00
	Development Plan Plan Check Fee			$100.00 plus a	$5.00 per acre o	ver 5 acres acreage fee;rr;
(d)	Use Permits
	Home Occupation Permit, Telephone Use Only			$-	$-	$-	$-
	Home Occupation Permit, Non-Exempt			$250.00	$250.00	$250.00	$250.00
	Ministerially Second Unit			$100.00	$100.00	$100.00	$100.00
	Staf Approved			$300.00	$300.00	$375.00	$525.00
	Planning Commission Approved			$950.00	$950.00	$950.00	$950.00
(e)	Sign Permit			$50.00	$50.00	$75.00	$150.00
(f)	Tentative Subdivisions		(3)	$1,250.00	$1,250.00	$1,250.00	$1,250.00
				plus $20.00 a lot;rr;
(g)	Parcel	Maps	(3)	$
---	---	---	---	---	---	---	---	---
		Minor	(1)	$800.00	$800.00	$900.00	$975.00
		Major	(2)	$1,050.00	$1,050.00	$1,100.00	$1,225.00
				plus $10.00 a lot over four lots;rr;
(h)	Certifcate of Compliance		(4)	$450.00	$450.00	$475.00	$550.00
				plus $50.00 for	each lot over two;rr;
(i)	Boundary Line Adjustment		(4)	$425.00	$450.00	$475.00	$550.00
				plus $50.00 for	each lot over two
(j)	Variances
		Administrative		$525.00	$525.00	$550.00	$525.00
	Planning Commission			$550.00	$600.00	$650.00	$725.00
(k)	Time Extension
		Administrative		$175.00	$175.00	$175.00	$175.00
	Planning Commission			$175.00	$250.00	$300.00	$300.00
(l)	Agricultural Preserves
		New Contracts		$750.00	$750.00	$775.00	$825.00
		Non-Renewals		$325.00	$400.00	$475.00	$600.00
		Amendments		$325.00	$475.00	$625.00	$825.00
(m)	Environmental Impact Report (EIR)		(5, 6, 11)	Contracted costs plus a 10% Administrative Fee;rr;
(n)	Mitigated Negative Declaration, Negative Declaration		(5, 6, 11)	Contracted cost plus a 10% Administration Fee;rr;
	Staf Level Permit			$725.00	$725.00	$725.00	$725.00
	Planning Commission and Board of Supervisor Permit			$975.00	$975.00	$975.00	$975.00
(o)	Categorical Exemption		(5)
	Staf Level Permit			$150.00	$150.00	$150.00	$150.00
	Planning Commission and Board of Supervisor Permit			$300.00	$300.00	$300.00	$300.00
(p)	Pass Through Costs		(7)
	Archeological Review			$75.00	$75.00	$75.00	$75.00
	Clerk Posting Fee			$50.00	$50.00	$50.00	$50.00
		Fish and Game		$2,044.00	$2,044.00	$2,044.00	$2,044.00
		Recording Fees		$14.00 frst page plus $3.00 each subsequent page;rr;
(q)	Appeals	Appeals
---	---	---	---	---	---	---	---	---
	Planning Director			$125.00	$300.00	$600.00	$875.00
	Planning Commission			$750.00	$900.00	$1,050.00	$1,250.00
(r)	Mining—Annual Operation Fee		(9)	$2,000.00	$2,000.00	$2,000.00	$2,000.00	$1,400.00
	This is a Base Fee. Additional services exceeding those covered by this Base Fee, including enforcement actions, are billed at an additional hourly rate.
(s)	Mining - Processing of Reclamation Plans			$1,100.00	$1,100.00	$1,100.00	$1,100.000
(t)	Minor Amendments			50% of normal	application fee(s) plus CEQA fees.;rr;
(u)	Request to Revoke Permit.			A deposit of $950.00 is required		plus actual costs.;rr;
(v)	Petition to Change/Establish Road Name Not Associated with a Subdivision			$425.00	$425.00	$525.00	$650.00
(w)	Land Development Manual		(10)
		Exception Request		$-	$100.00	$225.00	$225.00
	Erosion Control/Grading Plan Review			$-	$100.00	$100.00	$100.00
	Peer Review/Use of Third Party		(11)	Actual costs with a 100% contract deposit plus 10% Administrative Fee;rr;
(x)	Final Map and Improvement Plan			$-	$100.00	$175.00	$175.00
(y)	Peer Review/Use of Third Party Consultant		(11)	Actual costs with a 100% contract deposit plus 100% Administrative Fee;rr;
(z)	Miscellaneous Administrative Costs (Preparation of the Administrative Record, Certifcation of Transcripts, Creation of Electronic Files, etc.)		(12)	Actual Costs (Staf and Materials) With a 100% Deposit of Estimate;rr;
(aa)	Engineering Development Review		(13)
	Boundary Line Adjustment			$-	$50.00	$125.00	$125.00
	Certifcate of		$-	$50.00	$100.00	$100.00
---	---	---	---	---	---	---	---
	Compliance
	Tentative Parcel Map		$-	$75.00	$150.00	$150.00
	Zone Change		$-	$50.00	$100.00	$100.00
	Use Permit		$-	$50.00	$100.00	$100.00
	Tentative Subdivision		$225.00	$225.00	$250.00	$250.00
	Map
(ab)	County Counsel	(14)	$50.00	$50.00	$50.00	$50.00
	Review
(ab)	Flood Damage	(15)	$525.00	$525.00	$525.00	$525.00
	Development Permit
(ac)	Implementation Details:

(1) Minor applications are those which do not increase the allowable density or number of parcels by more than one or generate significant new traffic or land use in the designated area.

(2) Major applications are all others not qualifying as a Minor application.

(3) In addition to the set fee, the specified per lot fee is also required.

(4) This fee covers the first two contiguous lots in an application. A $50.00 incremental fee is added for each additional contiguous lot over the first two contiguous lots.

(5) The CEQA fees are additive to the other application fees associated with a project.

(6) Should the Planning Director determine that a project's environmental documents require review and input from the County Counsel's office, the applicant shall pay for the actual costs of this review based on the hourly productive rate. Prior to work, a deposit in the amount of the anticipated total costs shall be deposited with the County.

(7) Pass Through Costs are set by other County Departments/Outside Agencies and Staff will determine the timing of the payment for these cost. The costs shown are the current Pass Through Costs and as costs change or new costs are established, said cost shall be automatically adjusted and/or added.

(8) In all projects where the Planning Director has discretionary approval authority and determines that there are unique or unusual circumstances involving a particular discretionary application that would benefit from Planning Commission review, input, or action, the Planning Director may refer the discretionary project directly to the Planning Commission for formal action.

(9) Annual Operation Fee—The Annual Operation Fee is a base fee that accounts for the annual inspection and associated compliance services provided to a mine under the following time assumptions: 1) the Annual Operation Fee and Financial Assurance Cost Estimate are submitted by February 1st of each year, 2) any required yearly update to the Financial Assurance Cost Mechanism is submitted within thirty (30) days of County approval of the yearly Financial Assurance Cost Estimate, and 3) a copy of the yearly State Annual Report that has been submitted to the Department of Conservation is submitted to the County by August 1st of each year. If any of these time assumptions are not met, the annual inspection and associated compliance services will require more staff resources than is accounted for in the base fee and the operator shall be billed for the County's additional administrative services at an hourly productive staff rate plus materials. Mining Enforcement Costs—The operator shall be subject to paying the costs associated with enforcement actions. Costs shall include staff time billed at an hourly productive rate and other direct and indirect costs associated with the enforcement action.

(10) The Land Development Manual fees are effective upon adoption of the Second Edition of the LDM.

(11) The Administrative Fee is based on the total actual costs. Prior to work, a deposit in the amount of the contract/anticipated total costs shall be deposited with the County.

(12) For miscellaneous administrative costs not otherwise specified and/or controlled by statue, the costs shall be set at actual costs including staff and materials.

(13) These fees are to cover the costs of engineering review of the various identified entitlement applications and are charged in addition to otherwise required fees. The fees allow up to five hours (ten on tentative subdivisions) of engineer review. For projects which require more than five hours (ten on tentative subdivisions) of engineering review, the applicants shall pay for the actual costs over five hours (ten on tentative subdivisions) based on the hourly productive rate.

(14) This fee is to cover the costs of the County Counsel's office review of the typical entitlement applications and is charged in addition to otherwise required fees. This fee is required for all applications which go before the Planning Commission or the Board of Supervisors. This

fee covers the typical application review time and for applications that require additional review, the applicants shall pay for the actual costs based on the hourly productive rate. Prior to work, a deposit in the amount of the anticipated total costs shall be deposited with the County. (15) A Flood Damage Development Permit application fee shall be required for those development permits that are not included as part of a building's building permit. (16) For all application submittals, the applicant and Planning Director may mutually agree to use of outside consultants to perform agreed to work. In these instances, the applicant shall be responsible for 100% of the consultant costs plus a 10% Administrative Fee. Should a project necessitate substantial County Counsel involvement, up to an additional 10% review fee may be added as determined warranted by Planning Director. (17) All project fees are additive except that only one type of CEQA fee is required per project. For example, a project may involve a Rezoning Fee, a Use Permit Fee, and a Parcel Map Fee but only one CEQA fee is required as long as the CEQA document considers all of the project components initially and for any future amendments. (18) For all application submittals, in the event that an application has not been determined to be complete and ready for processing before the applicable approval body within six (6) months after the date of the first incomplete notice, the applicant must complete all outstanding requirements within thirty (30) days of the issuance of a written notice to complete the application requirements. In the event that the applicant fails to complete the application submittal requirements within the thirty (30) day time frame, that application shall be considered abandoned, staff's time and costs incurred working on the project shall be charged against the application filing fees, and any remaining balance shall be refunded to the applicant. The Planning Director may waive this requirement where adherence to this provision would represent an unreasonable time expectation in the determination of the Planning Director. Examples of such projects could include Environmental Impact Reports, projects which require the completion of complex studies, or projects where the applicant is diligently working with staff to address project related issues. (19) No application shall be deemed complete and processed before the applicable approval body until all fees determined required herein by the Planning Director have been paid.

(§ I, Ord. 485, eff. July 9, 1969, as amended by Ord. 554, eff. January 27, 1972, §§ I and II, Ord. 19, eff. March 24, 1983, § I, Ord. 84-22, eff. July 12, 1984, § III, Ord. 91-22, eff. July 25, 1991, § I, Ord. 93-19, eff. May 25, 1993, § II, Ord. 94-22, eff. October 13, 1994, § I, Ord. 94-26, eff. December 29, 1994, and § XII, Ord. 97-21, eff. August 7, 1997)

(Ord. No. 09-08, § I, 4-7-2009; Ord. No. 09-14, §§ I—IV, 10-6-2009; Ord. No. 11-04, § I, 5-3-2011; Ord. No. 16-01, § II, 1-5-2016; Ord. No. 22-14, §§ I, II, 7-12-2022)

Sec. 10-6.1602. - Firehouse construction. ¶

Notwithstanding Section 10-6.1601 of this article, a fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars will be charged for planning and zoning permits and entitlements related to firehouse construction for public fire districts and quasi-governmental fire entities.

(§ II, Ord. 19, eff. March 24, 1983, as amended by § I, Urgency Ord. 90-29, eff. September 25, 1990, and § I, Ord. 93-19, eff. May 25, 1993)

(Ord. No. 11-04, § II, 5-3-2011)

10-6.1603. - Priority service fee. ¶

A project applicant wishing to receive expedited permit processing shall submit such a request to the Planning Director. Should the applicant and Director reach a mutually agreeable time frame at a mutually agreed cost, the applicant shall deposit the agreed upon amount prior to commencement of the expedited

process. The cost shall be based on the estimated staff time charged at the current productive hourly rate. In making such a request the applicant agrees to and acknowledges that no guarantee or commitment is being made for any staff recommendation or approval decision and that factors outside of the County's control may delay the otherwise agreed to time frame.

(Ord. No. 11-04, § III, 5-3-2011)

Article 17. - Combining Districts (B-1)*

Section 10-b.1701, codified from Ordinance No. 529, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 18. - Combining Districts (B-2½)*

Section 10-b.1801, codified from Ordinance No. 530, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 19. - Combining Districts (B-7½)*

Section 10-b.1901, codified from Ordinance No. 531, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 20. - Combining Districts (B-10)*

Section 10-b.2001, codified from Ordinance No. 532, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 21. - Combining Districts (B-20)*

Section 10-6.2101, codified from Ordinance No. 533, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 22. - Combining Districts (B-40)*

Section 10-6.2201, codified from Ordinance No. 534, effective January 7, 1971, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 23. - Combining District- Floodplain I (FP-I) (Prohibitive Zone)*

Sections 10.6.2301 through 10-6.2306, codified from Ordinance No. 595, effective June 21, 1973, repealed by Ordinance No. 90.23, effective September 13, 1990.

Article 24. - Combining District-Floodplain II (FP-II) (Restrictive Zone)*

Sections 10-6.2401 through 10-6.2405, codified from Ordinance No. 595, effective June 21. 1973, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 25. - Nonconforming Buildings, Structures, and Uses[[2]]

This article shall apply to buildings, structures, and uses that were legally established and complied with all County regulations at the time established. The expansion, enlargement, maintenance, repair, or replacement of legally established nonconforming buildings, structures, and uses shall comply with this article.

This article shall not apply to buildings, structures, and uses that were legally established, but were subsequently modified in such a manner that the modification failed to comply with County regulations in effect at the time of said modification, nor shall it apply to buildings, structures, and uses that were illegally established and/or that failed to comply with County regulations in effect at the time the building, structure, or use was established. Such nonconforming buildings, structures, and uses are considered illegal and the provisions of this article do not apply to illegally established or illegally modified buildings, structures, and uses.

(Ord. No. 15-03, § I, 4-7-2015)

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 15-03, § I, adopted Apr. 7, 2015, amended Art. 25 to read as herein set out. Former Art. 25, §§ 10-6.2501—10-6.2505, pertained to nonconforming land, buildings and uses, and derived from Ord. 623, § IV, effective July 17, 1974; and Ord. 94-07, § I, effective Apr. 14, 1994.

Sec. 10-6.2501. - Nonconforming uses, generally. ¶

(a)

Except as otherwise provided in this article, all uses of land, buildings, or structures may be continued if established in compliance with all applicable regulations in effect at the time the use was established.

(b)

Any person asserting a right to a nonconforming use of land, buildings, or structures has the burden of proof to demonstrate the legal existence of the use prior to the establishment of the applicable zone or regulation for which it is nonconforming.

(c)

Nothing in this article shall eliminate the need of a property owner to comply with other County, State, or Federal regulations or permitting requirements, including but not limited to a well permit, wastewater/sewage disposal system permit, building permit, encroachment permit, air pollution control district permit, flood hazard development permit, and/or business license.

(d)

Nothing in this article shall eliminate the need for a property owner, or limit the ability of the County as lead agency, to comply with the California Environmental Quality Act (CEQA), when applicable.

(e)

As used in this article, nonconforming shall mean a legal use, building, or structure that upon establishment complies with all requirements of the Siskiyou County Code and that as a result of a change in said Code no longer complies with all requirements of the Siskiyou County Code.

(Ord. No. 15-03, § I, 4-7-2015)

Sec. 10-6.2502. - Expansion of nonconforming buildings, structures, and uses.

(a)

Any expansion of a nonconforming commercial, industrial, or multifamily residential building or structure, as well as any expansion of a legally established use of said buildings, structures, and/or land shall be subject to the following:

(1)

When the legally established nonconforming structure, building, or use would be enlarged or expanded by more than twenty (20) percent, a conditional use permit shall first be obtained.

(2)

When the legally established nonconforming structure, building, or use would be enlarged or expanded by twenty (20) percent or less, an administrative permit shall first be obtained.

(3)

Expansion of a nonconforming building or structure includes any increase in the footprint or square footage of the building or structure.

(4)

Expansion of a nonconforming use includes any change that results in a permanent increase in traffic, noise, smoke, odor, dust, or occupancy.

(b)

Any expansion of nonconforming single-family or two-family dwellings, residential accessory buildings and structures, and agriculture-related buildings and structures, as well as the use thereof for residential and/or agricultural uses shall be subject to the following:

(1)

When the legally established nonconforming structure, building, or use would be enlarged or expanded by more than fifty (50) percent, an administrative permit shall first be obtained. The Community Development Director may refer an administrative permit applied for herein directly to the Planning Commission for formal action.

(2)

Enlargements or expansions by fifty (50) percent or less do not require an administrative permit or conditional use permit. Successive expansions are considered cumulative regarding the fifty (50) percent threshold.

(c)

Any nonconforming building or structure may be maintained or repaired, or portions thereof replaced, so long as such maintenance, repairs or replacements do not enlarge the footprint or square footage of the building or structure. This includes the modernization of equipment or structures, or the replacement of such with more efficient equipment or structures, based upon technological advances that do not result in an expansion of use, intensity, or land use impacts.

(d)

Except as otherwise provided by law, nothing in this article shall prevent the restoring to a safe condition any part of a building or structure declared unsafe by the Community Development Director or his/her designee.

(Ord. No. 15-03, § I, 4-7-2015)

Sec. 10-6.2503. - Damaged nonconforming buildings and structures.

(a)

A nonconforming single-family or two-family dwelling, residential accessory building or structure, or agriculture-related building or structure that is damaged or destroyed by fire, flood, explosion, or other act may be restored to its former footprint and/or square footage without the need to conform to all of the zoning regulations for the district in which said building or structure is located; provided, however, that such building or structure is restored to a total floor area not exceeding that which existed prior to the damage or destruction.

(b)

A commercial, industrial, or multifamily building or structure damaged or destroyed by fire, flood, explosion, or other act to such an extent that repairs would be more than fifty (50) percent of the building or structure's fair market value at the time of damage or destruction may be restored only if made to conform to all of the regulations for the district in which said building or structure is located; provided, however, that such building or structure is restored to a total floor area not exceeding that of the former building or structure and provided a use permit has first been secured.

(Ord. No. 15-03, § I, 4-7-2015)

Sec. 10-6.2504. - Current construction. ¶

Nothing contained in this chapter shall be deemed to require any change in plans, construction, or designated use of any building for which a building permit has been properly issued in accordance with the provisions of this Code then effective and upon which actual construction has been started; provided, however, in all cases actual construction shall be diligently carried on to the completion of the building.

Failure to complete construction of a building or structure, where a building permit has expired, within five (5) years of the expiration of the building permit shall be considered an abandonment of use.

(Ord. No. 15-03, § I, 4-7-2015)

Sec. 10-6.2505. - Abandonment of use. ¶

(a)

If the actual operation of a nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months, except pursuant to a valid order of a court of law, the nonconforming use shall be presumed to be abandoned and all future uses shall comply with the regulations of the particular district in which the land, building, or structure is located.

(b)

The nonconforming use of land, buildings, and structures shall not be considered abandoned per subsection (a), above, if the property owner is actively attempting to rent, lease, or sell a vacant building, structure, or use, or if the property owner can establish valid proof demonstrating that the use was not discontinued or abandoned for the twelve-month period in question. It is the property owner's responsibility to keep adequate records of said activities.

(Ord. No. 15-03, § I, 4-7-2015)

Article 26. - Interim Zoning (Vicinity of Lake Manor and Rainbow Acres Subdivisions)*

Sections 10-6.2601 through 10-6.260b, codified from Ordinance No. 605, effective September 11, 1973, repealed by Ordinance No. 90•23, effective September 13, 1990.

Article 27. - Definitions*

Sections 10-6.2701 through 10-6.2702, codified from Ordinance No. 623, effective July 17, 1974, as amended by Ordinance No. 86b, effective April 10, 1986, and Ordinance No. 90-10, effective March 29, 1990, repealed by Ordinance No. 94-07, effective April 14, 1994.

Article 28. - Amendments

Sec. 10-6.2801. - General. ¶

Except as otherwise provided in this article, any amendment to the provisions of this chapter shall be initiated and adopted as other ordinances are amended or adopted.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2802. - Rezonings. ¶

Any amendment to the provisions of this chapter which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed or removes or modifies any such regulation shall be initiated and adopted as set forth in this article.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2803. - Initiation.

Any amendment of the nature set forth in Section 10-6.2802 of this article may be initiated by:

(a)

Filing with the Planning Commission a resolution of intention of the Board;

(b)

The adoption of a resolution of intention by the Planning Commission; or

(c)

Filing with the Planning Commission a petition of one or more record owners, or their authorized agents, of the property which is the subject of the proposed amendment Where such petition is filed by an agent, the petition shall be accompanied by a copy of the instrument signed by an owner and designating the agent. A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee set by the Board.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2804. - Hearings.

Upon receipt of a complete application, the Planning Department shall set a date for a public hearing thereon as prescribed by law.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.2805. - Hearings: Notices.

Notice of the public hearing shall be given in the following manner:

(a)

By the publication of a notice of hearing one time not less than ten (10) days prior to such hearing in a newspaper of general circulation in the County; and/or

(b)

By posting not less than ten (10) days prior to such hearing at least three (3) public notices of the hearing along the streets upon which the property proposed to be affected abuts.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2806. - Hearings: Notices: Form.

Each such posted notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height and, in addition thereto, a statement in small letters setting forth a general

description of the property proposed to be affected, the time and place of the public hearing thereon, and such other information as the Planning Commission deems necessary.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2807. - Hearings: Notices: Failure to post.

Any failure to post the public notices as set forth in Section 10-6.2806 of this article shall not invalidate any proceedings under this chapter.

(§ VI, Ord. 623, eff. July 17, 1974)

Sec. 10-6.2808. - Planning Commission action.

After the close of the public hearing or continuations thereof, the Planning Commission shall make a report of its findings and its recommendations for the approval or conditional approval of the proposed amendment. The Planning Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Planning Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendations shall be transmitted to the Board within ninety (90) days after the first notice of hearing thereon; provided, however, such time may be extended with the consent of the Board or the petitioner for such amendment. The denial of the proposed zone change shall end all Planning Commission action, except for an appeal of the denial to the Board.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by Ord. 897, eff. July 12, 1979)

Sec. 10-6.2809. - Board action.

The Board shall set the matter for a public hearing, notice thereof to be given in the time and manner provided by law. After the conclusion of such hearing or continuations thereof, the Board, within the time limits as prescribed by law, may adopt the proposed amendment, or any part thereof, set forth in the petition, or resolution of intention in such form as the Board deems desirable.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by Ord. 897, eff. July 12, 1979, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.2810. - Zone changes: Denial: Appeals: Authority.

In the event any protestant to the zone change denial is not satisfied with the action of the Planning Commission on such matter, he may appeal such action to the Board within ten (10) days.

(Ord. 897, eff. July 12, 1979)

Sec. 10-6.2811. - Zone changes: Denial: Appeals: Filing: Fees: Hearings: Notices: Decisions.

Appeals on zone change denials shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

Upon the receipt of such appeal, the Board shall set the matter for a public hearing, notice thereof to be given in the time and manner provided by law.

Notice of such appeal shall be given to the Planning Commission and the applicant, and a report shall be submitted by the Planning Commission to the Board setting forth the reasons for the action taken by the Planning Commission. Such report shall be submitted in writing and may be supplemented by oral and documented evidence.

The action of the Board to change the decision of the Planning Commission shall be by the affirmative vote of not less than a majority of its total membership. The decision of the Board shall be rendered not more than forty-five (45) days after the close of the hearing.

(Ord. 897, eff. July 12, 1979)

Article 29. - Mitigation Monitoring Program*

Article 29 entitled "Interim Zoning (Muc-A-Muc Mine Area of Happy Camp)", consisting of Sections 106.2901 through 10-6.2906, added by Ordinance No. 646, effective May 13, 1915, repealed and replaced in its entirety by Section I, Ordinance No. 90-17, effective June 21, 1990. The provisions of Article 29 dealing with the Muc-A-Muc Mine Area of Happy Camp were again repealed by Ordinance No. 90-23, effective September 13, 1990.

(3)

(f)

Identify individuals, organizations and agencies responsible for monitoring or reporting.

(g)

Where appropriate, a detailed work program/task assignment for monitoring and reporting shall be prepared.

(h)

Total projected cost, funding, budget and any applicable performance bonding shall be described.

(i)

Identify responsibilities of the applicant, staff, agencies, and consultant participating in the program

(j)

Attach reporting procedure forms and performance bonds.

(§ I, Ord. 90-17, eff. June 21, 1990)

Sec. 10-6.2907. - Adopting and findings.

(a)

A mitigation monitoring and reporting program shall be adopted by reference as a condition of project approval.

(b)

Project findings shall include findings of adequacy of the project monitoring and reporting plan (Section 21081.6 of the Public Resources Code of the State).

(§ I, Ord. 90-17, eff. June 21, 1990)

Sec. 10-6.2908. - Reporting procedures.

Progress, completion, or violation of the project mitigations or of the adopted monitoring plan shall be reported to the Planning Director.

(§ I, Ord. 9017, eff. June 21, 1990)

Sec. 10-6.2909. - Fees.

(a)

All costs for the administration and implementation of a monitoring or reporting program shall be paid by the project applicant.

(b)

Projects determined by the Director/Commission not to require a consultant for monitoring program preparation shall be subject to the following requirements.

(1)

Projects requiring monitoring or reporting programs shall require a separate initial deposit of Two Hundred and no/100ths ($200) dollars. The initial deposit shall be deposited in a trust account until requested by the Planning Department.

(2)

Actual cost of monitoring or reporting postprogram only preparation by department staff shall be charged against funds on deposit at a rate of Thirty and no/100ths ($30.00) Dollars per hour, plus materials. Costs in excess of the initial project shall be submitted to the County prior to program approval by the decisionmaking body. If actual costs are less, the difference shall be refunded to the applicant upon program approval.

(3)

Funds for the total project cost of the approved monitoring or reporting program (subsection (h) of Section 10-6.2906 of this article) shall be submitted to the Planning Department. Costs incurred in excess of the total project amount shall be billed by the Planning Director, in accordance with the approved program. If actual costs have been less, the difference shall be refunded to the applicant upon program completion.

(c)

Projects requiring consultant participation shall be subject to the following requirements:

(1)

Upon project application, a deposit shall be provided by the applicant for monitoring program preparation by the participating consultant, in an amount to be determined by the Planning Director based upon project complexity. Deposits required for environmental document preparation by a consultant may include that which is required for preparation of the monitoring program.

(2)

Funds submitted for, monitoring program costs shall be subject to the same provisions provided by subsection (b)(3) of this section.

(d)

Monitoring programs which have a duration of twenty-four (24) months or longer may be funded with periodic payments in lieu of the requirement of subsection (b)(3) of this section. This alternative fee

arrangement must be specified in the proposed monitoring program and approved by the decisionmaking body.

(§ I, Ord. 90-17, eff. June 21, 1990, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Article 30. - Interim Zoning (Gazelle-Grenada Agricultural Area)*

Sections 10-6.3001 through 10-6.3006, codified from Ordinance No. 651, effective August 26, 1975, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 31. - Interim Zoning (Vicinity of Montague)*

Sections 10-6.3101 through 10-6.3106, codified from Ordinance No. 655, effective September 23, 1975, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 32. - Combining Districts (B-160)*

Section 10-6.3201, codified from Ordinance No. 662, effective February 26, 1976, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 33. - Combining Districts (MH Mobile Home)

Sec. 10-6.3301. - Purpose: Second dwellings.

The M-H (Mobile Home) Combining District is hereby established to allow the placement of a second dwelling or a mobile home in lieu thereof in the Rural Residential Agricultural (R-R District) when the M-H Combining District is combined with the R-R District.

(§ I, Ord. 704, eff. June 24, 1976, as amended by § I, Ord. 84-11, eff. May 24, 1984; repealed and reenacted by § I, Ord. 86-39, eff. November 13, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.3302. - R-R District requirements.

All of the requirements of the R-R District with which the M-H (Mobile Home) Combining District is combined shall remain in full force and effect

(§ I, Ord. 704, eff. June 24, 1976; repealed and reenacted by § I, Ord. 86-39, eff. November 13, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Article 34. - Timberland Preserve Zone District (TPZ)*

Sections 10-6.3401 through 10-6.3407 codified from Ordinance No. 721, effective January 28, 1977 as amended by Ordinance No. 806, eff. June 22, 1978, and Section 10-6.3408, codified from Ordinance No. 875, effective April 12, 1979, repealed by Ordinance No. 9407, effective April 14, 1994.

Article 35. - Interim Zoning (North Shasta Valley Area)*

Sections 10-6.3501 through 10-6.3506, codified from Ordinance No. 778, effective September 13, 1977, repealed by Ordinance No. 90-23, effective September 13, 1990.

Article 36. - Definitions

Sec. 10-6.3601. - Generally.

For the purposes of this chapter, certain terms are defined in this article. Words used in the present tense shall include the future tense; words used in the singular shall include the plural; the word "shall" is mandatory; and the word "may" is permissive. The definitions contained in this article shall apply only to those zoning districts which follow and shall not be construed as applying to previously listed zoning districts. The words used in this article shall be construed to mean as defined in this chapter unless the context requires otherwise.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602. - Reserved.

Editor's note— Ord. No. 13-11, § II, adopted Aug. 6, 2013, repealed § 10-6.3602, which pertained to enumerated [definitions]. See the Code Comparative Table for a complete history of former § 10-6.3602. Former § 10-6.3602 was replaced by §§ 10-6.3602.1—10-6.3602.207.

Sec. 10-6.3602.1. - Accessory structure.

"Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.2. - Accessory use.

"Accessory use" means a use incidental and subordinate to the principal use of a lot or a building located on the same lot as the primary use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.3. - Administrative office.

"Administrative office" means an establishment primarily engaged in management and general administrative functions, such as executive, personnel, finance, and sales activities performed centrally for other establishments of the same company.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.4. - Adult book store.

"Adult book store" means a retail establishment selling publications and other materials of a sexual nature.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.5. - Advertising structure.

"Advertising structure" means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind is posted. This definition does not include official notices issued by any court or public body or officer or notices posted by any public officer in performance of a public duty or by any person giving legal notice.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.6. - Agriculture. ¶

"Agriculture" means the tilling of the soil, the raising of crops, viticulture, livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto, but not including commercial feed lots, stockyards, commercial hog raising, slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.7. - Agricultural building. ¶

"Agricultural building" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. Such structure shall not be a place of human habitation; nor shall it be a place used by the public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.8. - Airport.

"Airport" means a place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.9. - Alley.

"Alley" means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.10. - Animal hospital.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.11. - Apartment house.

"Apartment house" means a structure containing three (3) or more apartment units.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.12. - Apartment unit.

"Apartment unit" means one or more rooms with a private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two (2) dwelling units.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.13. - Automobile sales. ¶

"Automobile sales" means the use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.14. - Automobile service station.

"Automobile service station" means any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.15. - Automotive repair services and garages.

"Automotive repair services and garages" means establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.16. - Bar.

"Bar" means a structure or part of a structure used primarily for the sale or dispensing of liquor by the drink.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.17. - Block. ¶

"Block" means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity to development.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.18. - Boarder. ¶

"Boarder" means an individual, other than a member of the family, occupying a dwelling unit, or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.19. - Boardinghouse.

"Boardinghouse" means a building, or portion thereof, designed or used exclusively for residential occupancy, other than a hotel or motel, and where lodging and meals for three (3) or more persons are provided for compensation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.20. - Roominghouse.

"Roominghouse" means a building or portion thereof, designed or used exclusively for residential occupancy, other than a hotel or motel, where lodging for three (3) or more persons is provided for compensation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.21. - Building.

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.22. - Building, accessory.

"Accessory building" means a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.23. - Building height.

"Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty (20') feet of the structure to the highest point of the roof.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.24. - Building, principal.

"Principal building" means a building in which is conducted the principal use of the lot on which the building is located.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.25. - Bulk storage.

"Bulk storage" means the storage of chemicals, petroleum products, and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.26. - Business services.

"Business services" means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research development and testing; photo finishing; and personal supply services.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.27. - Business, retail.

"Retail business" means the sale of any article, substance or commodity within a building, but not including the sale of lumber or other building materials.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.28. - Camper.

"Camper" means any individual who occupies a campsite or otherwise assumes charge of, or is placed in charge of, a campsite.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.29. - Campground.

"Campground" means any designated area or parcel of land or portion thereof upon which individuals or groups may occupy campsites with recreational vehicles, tents, or other camping equipment for temporary recreational or travel purposes, where individual sewer hookups are not available to individual campsites in the campground, and that meets the requirements of Title 25 CCR, Division 1, Subchapter 2, Special Occupancy Parks.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.30. - Camping group.

"Camping group" means up to ten (10) individuals that occupy a campsite or otherwise assume charge of, or are placed in charge of, a campsite. An exception to this group limit may occur when a campground designates group camping sites designed to accommodate larger numbers of campers.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.31. - Camping unit.

"Camping unit" means any tent, trailer, recreational vehicle, park trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, travel vacation, or other purposes.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.32. - Campsite.

"Campsite" means any plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper or camping group.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.33. - Club. ¶

"Club" means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, a constitution, and bylaws.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.34. - Cluster.

"Cluster" means a development design technique which concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive features.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.35. - Combining district.

"Combining district" means any district in which the general district regulations are combined with those special districts provided for in this chapter for the purpose of adding additional special regulations.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.36. - Commercial vehicle.

"Commercial vehicle" means any motor vehicle licensed by the State as a commercial vehicle.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.37. - Community sewer system.

"Community sewer system" means a liquid waste collection treatment and disposal system operated by an incorporated city or special district.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.38. - Conditional use.

"Conditional use" means a use permitted in a particular zoning district only upon knowing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the planning board.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.39. - Cottage food employee.

"Cottage food employee" means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.40. - Cottage food operation. ¶

"Cottage food operation" means an enterprise that is operated by a cottage food operator, and has not y member of the cottage food operator, within the permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant Health and Safety Code Section 113758. A cottage food operation includes both of the following:

(a)

A "Class A" cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products to the consumer. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

(b)

A "Class B" cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products to the consumer. Whereas direct sales are described in subdivision (a) above, indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.41. - Cottage food operator.

"Cottage food operator" means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.42. - Cottage food products.

"Cottage food products" means nonpotentially hazardous foods, as identified in Health and Safety Code § 114365.5(b) that are prepared for sale in the kitchen of a cottage food operation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.43. - Cul-de-sac.

"Cul-de-sac" means the turnaround at the end of a dead-end street.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.44. - Density.

"Density" means the number of families, individuals, dwelling units, or housing structures per unit of land.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.45. - Developer.

"Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.46. - Domicile.

"Domicile" means a residence which is a permanent home to an individual.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.47. - Drainage.

"Drainage" means:

(a)

Surface water runoff; and

(b)

The removal of surface water or groundwater from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply, and the prevention or alleviation of flooding.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.48. - Drive-in use.

"Drive-in use" means an establishment which, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.49. - Dwelling.

"Dwelling" means a structure, or portion thereof, which is used exclusively for human habitation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.50. - Dwelling group.

"Dwelling group" means a group of two (2) or more detached or semidetached one-family, two-family, or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.51. - Dwelling, multi-family.

"Multi-family dwelling" means a dwelling containing more than two (2) dwelling units.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.52. - Dwelling, quadruplex.

"Quadruplex dwelling" means four (4) attached dwellings in one structure in which each unit has two (2) open space exposures and shares one or two (2) walls with an adjoining unit or units.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.53. - Dwelling, single-family.

"Single-family dwelling" means

(a)

A building containing one dwelling unit.

(b)

A mobile home when placed upon a foundation system pursuant to Section 18551 of the Health and Safety Code of the State.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.54. - Dwelling. townhouse.

"Townhouse dwelling" means a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.55. - Dwelling, triplex.

"Triplex dwelling" means a dwelling containing three (3) dwelling units, each of which has direct access to the outside or to a common hall.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.56. - Dwelling, Two-family (duplex).

"Two-family dwelling (duplex)" means a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from the ground to the roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.57. - Dwelling units.

"Dwelling units" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.58. - Eave.

"Eave" means the projecting lower edges of a roof overhanging the wall of a building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.59. - Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person and where no individual or household is denied emergency shelter because of an inability to pay.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.60. - Existing use.

"Existing use" means the use of a lot or structure at the time of the enactment of a zoning ordinance.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.61. - Extended care facility.

"Extended care facility" means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.62. - Family.

"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.63. - Farm.

"Farm" means a parcel of land used for agricultural activities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.64. - Farm labor quarters or housing.

"Farm labor quarters or housing" means rooming and boarding houses and mess halls for any number of farm help customarily employed on land owned by the owner of the building site occupied by such houses or halls.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.65. - Farm stand.

"Farm stand" means a booth or stall located on a farm from which produce and farm products are sold to the general public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.66. - Feed lot, commercial.

"Commercial feed lot" means a relatively small, confined land area, structure, pen, or corral wherein cattle, horses, sheep, goats, or swine are maintained in close quarters for the exclusive purpose of fattening such livestock or holding temporarily for shipment to market.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.67. - Fence.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.68. - Fill.

"Fill" means sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by humans.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.69. - Flood.

"Flood" means the temporary overflowing of water onto land which is usually devoid of surface water.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.70. - Flood hazard design elevation.

"Flood hazard design elevation" means the highest elevation, expressed in feet above the sea level, of the level of floodwaters which delineates the flood fringe area.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.71. - Flood insurance rate map.

"Flood insurance rate map" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.72. - Floodplain.

"Floodplain" means the channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.73. - Floodway.

"Floodway" means the channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.74. - Frontage.

"Frontage" means that side of a lot abutting on a street; the front lot line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.75. - Garage.

"Garage" means a deck, building, or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.76. - Garage, private residential.

"Private residential garage" means a structure which is accessory to a residential building, and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.77. - Glare.

"Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.78. - gravel pit.

"Gravel pit" means an open land area where sand, gravel, and rock fragments are mined or excavated for sale or off tract use.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.79. - Group care facility.

"Group care facility" means a facility that houses individuals, related or otherwise, that provides for twentyfour-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. As used within this Title, group care facilities for six (6) and fewer individuals shall be considered a residential use of property subject only to those same restrictions that are applied to other single-family residential uses.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.80. - Convalescent or care facility.

"Convalescent or care facility". As defined by State law.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.81. - Group home.

"Group home" means a state-licensed facility that houses individuals, related or otherwise, where individuals are provided with room, board, care, and supervision in a family environment. As used within this Title, group homes for six (6) and fewer individuals shall be considered a residential use of property subject only to those same restrictions that are applied to other single-family residential uses.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.82. - Guest house.

"Guest house" means detached living quarters of a permanent type of construction, without a kitchen or cooking facilities, not for permanent occupancy, and where no compensation in any form is received or paid.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.83. - Height of building. ¶

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms and ventilating and air-conditioning equipment.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.84. - Heliport.

"Heliport" means an area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities, such as parking, a waiting room, and fueling and maintenance equipment.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.85. - Helistop.

"Helistop" means a heliport, but without auxiliary facilities, such as parking, a waiting room, and fueling and maintenance equipment.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.86. - Home occupation.

"Home occupation" means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit, or attached or detached garage, subject to the issuance of appropriate permits. It does not include a cottage food operation as defined separately herein.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.87. - Horticulture.

"Horticulture" means the science and art of propagating, growing and raising fruits, vegetables, flowers, and ornamental plants.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.88. - Hotel.

"Hotel" means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and recreation facilities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.89. - Household.

"Household" means a family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.90. - Housing, supportive

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as defined by Health and Safety Code § 50675.14), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.91. - Housing, transitional

"Transitional housing" means as defined in Sections 50675.2 and 50801 of the California Health and Safety Code, as follows:

Per § 50675.2 "transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

Per § 50801 "transitional housing" means housing with supportive services for up to twenty-four (24) months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.92. - Housing unit.

"Housing unit" means a room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall, and containing separate toilet and kitchen facilities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.93. - Institutional use.

"Institutional use" means a nonprofit or quasi-public use or institution, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purposes.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.94. - Junk.

"Junk" means wastepaper, rags, scrap metal, scrap or discarded goods; used building materials and containers; vehicle parts; one or more unregistered, inoperable motor vehicles, except as otherwise provided herein; and materials, machinery or other manufactured or processed material currently abandoned from original use.

In the R-R (Rural Residential Agricultural), AG-1 (Prime Agricultural, forty (40) acre minimum parcel size), AG-2 (Non-Prime Agricultural, ten (10) acre minimum parcel size), TPZ (Timber Production Zone), O (Open Space), and B (combing zone districts), two (2) or more unregistered, inoperable motor vehicles is considered to be junk. There is no limit on the number of vehicles, or parts thereof, which are stored within a completely enclosed building in any zone district.

Equipment typically associated with farming or ranching activities are not considered junk when such storage is occurring on an operating farm or ranch. Cars, trucks, boats, recreational vehicles and trailers in operable condition and currently licensed are not considered junk.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.95. - Junk yard

"Junk yard" means any area of any lot, land, parcel or contiguous parcels under the same ownership, or part thereof, where junk is collected, stored, gathered together, kept, and is not fully enclosed within a building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.96. - Kennel.

"Kennel" means an establishment in which more than six (6) dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.97. - Lodge.

"Lodge" means:

(a)

A building or group of buildings under single management containing both rooms and dwelling units available for temporary rental to transient individuals or families; and

(b)

The place where members of a local chapter of an association hold their meetings, and the local chapter itself.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.98. - Lodging house.

"Lodging house" means a facility in which rental sleeping accommodations are provided and in which meals also may be supplied as a part of the fee.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.99. - Lot.

"Lot" means a designated parcel, tract, or area of land established by plat or subdivision or as otherwise permitted by law.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.100. - Lot, corner.

"Corner lot" means a lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than 135 degrees.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.101. - Lot depth.

"Lot depth" means the distance measured from the front lot line to the rear lot line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.102. - Lot frontage.

"Lot frontage" means the length of the front lot line measured at the street right-of-way line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.103. - Lot line.

"Lot line" means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.104. - Lot line, front.

"Front lot line" means the lot line separating a lot from a street right-of-way.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.105. - Lot line, rear.

"Rear lot line" means the lot line opposite and most distant from the front lot line or in the case of triangular or otherwise irregularly shaped lots a line ten (10') feet in length entirely within the lot parallel to and at a maximum distance from the front lot line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.106. - Lot line, side.

"Side lot line" means any lot line other than a front or rear lot line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.107. - Lot, minimum area of.

"Minimum area of lot" means the smallest lot area established by a zoning ordinance on which a use or structure may be located in a particular instance.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.108. - Lot, reverse frontage.

"Reverse frontage lot" means a through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.109. - Lot, through.

"Through lot" means a lot which fronts upon two (2) parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.110. - Lot width. ¶

"Lot width" means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.111. - Lumber yard.

"Lumber yard" means an area used for the storage, distribution and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products, or firewood.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.112. - Manufacturing.

"Manufacturing" means an establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.113. - Mini-warehouse. ¶

"Mini-warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.114. - Mobile home. ¶

"Mobile home" means a vehicle designed and equipped for human habitation which may or may not be equipped to be drawn by a motor vehicle.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.115. - Mobile home park.

"Mobile home park" means any area or tract of land where two (2) or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include the rental for the lot the mobile home occupies.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.116. - Mortuary.

"Mortuary" means a place for the storage of human bodies prior to their burial or cremation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.117. - Motel.

"Motel" means an establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25%) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.118. - Motion picture theater.

"Motion picture theater" means a place where motion pictures are shown to the public for a fee.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.119. - Noise.

"Noise" means any undesired audible sound.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.120. - Noise pollution.

"Noise pollution" means continuous or episodic excessive noise in the human environment.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.121. - Nonconforming lot.

"Nonconforming lot" means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.122. - Nonconforming use.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision, or amendment of this chapter but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.123. - Nuisance.

"Nuisance" means an interference with the enjoyment and use of property.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.124. - Nursery.

"Nursery" means land or a greenhouse used to raise flowers, shrubs, and plants for sale.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.125. - Occupancy.

"Occupancy" means the residing of an individual overnight in a dwelling unit or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.126. - Office.

"Office" means a business establishment for the rendering of services or administration, but not including retail sales.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.127. - Off-street parking space.

"Off-street parking space" means a temporary storage area for a motor vehicle, which area is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.128. - On-street parking space.

"On-street parking space" means a temporary storage area for a motor vehicle which space is located on a dedicated street right-of-way.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.129. - Open space.

"Open space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.130. - Open space, common.

"Common open space" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and which may include such complementary structures and improvements as are necessary.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.131. - Open space, green.

"Green open space" means an open space area not occupied by any structure or impervious surface.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.132. - Open space, private.

"Private open space" means common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.133. - Open space, public.

"Public open space" means open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.134. - Organized camp. ¶

"Organized camp" means a site with program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, education, or recreational objectives, for five (5) days or more during one or more seasons of the year or as defined by California Health and Safety Code Section 18897.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.135. - Outbuilding.

"Outbuilding" means a separate accessory building or structure not physically connected to the principal building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.136. - Outdoor storage.

"Outdoor storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicle in the same place for more than twenty-four (24) hours.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.137. - Park. ¶

"Park" means a tract of land designated and used by the public for active and passive recreation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.138. - Parking area.

"Parking area" means any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.139. - Parking space.

"Parking space" means an accessible and usable space on the building site or an adjacent lot, at least nine (9') feet by twenty (20') feet, for the parking of automobiles.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.140. - Park trailer. ¶

"Park trailer" means a trailer designed for human habitation for recreational or seasonal use only that contains 400 square feet or less of gross floor area, excluding loft area space which meets all the requirements of Section 18033, does not exceed fourteen (14) feet in width at the maximum horizontal projection, is built upon a single chassis, and may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the Vehicle Code, or as defined by California Health and Safety Code Section 18009.3.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.141. - Performance standards. ¶

"Performance standards" means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.142. - Permitted use. ¶

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to such zoning district.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.143. - Person. ¶

"Person" means a corporation, company, association, society, firm, partnership, or joint stock company, as well as an individual, a State, and all political subdivisions of a State or any agency or instrumentality

thereof.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.144. - Personal services.

"Personal services" means establishments primarily engaged in providing services involving the care of a person or his or her apparel.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.145. - Planned unit development.

"Planned unit development" means an area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.146. - Planning commission.

"Planning Commission" means the duly designated Planning Commission of the municipality, County, or region.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.147. - Primary treatment.

"Primary treatment" means the first stage in wastewater treatment in which substantially all floating or settleable solids are removed by screening and sedimentation.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.148. - Professional office.

"Professional office" means an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, clergyman, dentist, doctor, engineer, optometrist, podiatrist, physical therapist, social worker, or surveyor.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.149. - Public celebrations.

"Public celebrations" means an event or series of events scheduled in observance of a State, Federal or religious holiday, or conducting organized activities for a historical, cultural or a special theme held for a limited period of time and where such events or activities are not being held solely for profit.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.150. - Public sewer and water system.

"Public sewer and water system" means any system, other than an individual septic tank, tile field, or individual well, which system is operated by a municipality, governmental agency, or utility for the collection, treatment, and disposal of wastes and the furnishing of potable water.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.151. - Quasi-public.

"Quasi-public" means a use owned or operated by a nonprofit, religious, or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.152. - Quasi-public use or building.

"Quasi-public use or building" means a noncommercial building or use which is open to and/or serves an identified membership, group of people (as opposed to general public) and/or partisan cause. "Quasipublic use or building" may include but is not limited to: private and parochial schools, churches, sororities, fraternities, and offices for partisan, social, or political organizations. A "quasi-public" use or building shall be determined by the nature of the use and not by ownership or management (for example, a retail store owned or managed by a quasi-public organization is a commercial use, not a quasi-public use).

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.153. - Ranch.

"Ranch" means a place where livestock is bred or raised.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.154. - Recreation, active.

"Active recreation" means leisure time activities, usually of a more formal nature and performed with others, often requiring equipment, and taking place at prescribed places, sites, or fields.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.155. - Recreation facility.

"Recreation facility" means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.156. - Recreation facility, commercial.

"Commercial recreation facility" means a recreation facility operated as a business and open to the public for a fee.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.157. - Recreation facility, personal.

"Personal recreation facility" means a recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.158. - Recreation facility, private.

"Private recreation facility" means a recreation facility operated by a nonprofit organization and open only to the bona fide members and guests of such nonprofit organization.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.159. - Recreation facility, public.

"Public recreation facility" means a recreation facility operated by a governmental agency and open to the general public.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.160. - Recreational development.

"Recreational development" means a residential development planned, maintained, operated, and integrated with a major recreation facility.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.161. - Recreational trailer park.

"Recreational trailer park" means any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.162. - Recreational trailer and/or vehicle park.

"Recreational trailer and/or vehicle park" means any area, or tract of land, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary uses.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.163. - Recreational vehicle.

"Recreational vehicle" means a motor home, travel trailer, camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath and toilet rooms, or as defined by State law.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.164. - Residence.

"Residence" means a home, abode, or place where an individual is actually living at a specific point in time.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.165. - Residential storage structure.

"Residential storage structure" means a structure to be used, or intended to be used, for the private noncommercial, non-industrial storage uses by the property owner prior to the construction of a residence on the property.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.166. - Resort.

"Resort" means any development of property for public or private recreational use by ten (10) or more owners purchasing interests in the property with no present intention to resell or otherwise dispose of the interest for value.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.167. - Restaurant.

"Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.168. - Right-of-way.

"Right-of-way" means:

(a)

A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary storm sewer, or other similar use; and

(b)

Generally, the right of one to pass over the property of another.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.169. - Sanitary sewage.

"Sanitary sewage" means any liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines,

sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.170. - School. ¶

"School" means any building, or part thereof, which is designed, constructed, or used for education or instruction in any branch of knowledge.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.171. - Screening.

"Screening" means:

(a)

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation; and

(b)

The removal of relatively coarse floating and/or suspended solids by straining through racks or screens.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.172. - Secondary treatment.

"Secondary treatment" means waste water treatment beyond the primary stage in which bacteria consume the organic parts of the wastes.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.173. - Setback.

"Setback" means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.174. - Sight triangle.

"Sight triangle" means a triangular-shaped portion of land established at street intersections in which no structure is erected or vegetation planted that would obstruct sight distances of motorists entering or leaving an intersection.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.175. - Single-room occupancy.

"Single-room occupancy" or "SRO" means one-room dwelling unit occupied by no more than two (2) persons, which serves as the occupant's primary residence, and which has a minimum floor area of 150 square feet, a maximum floor area of 220 square feet, meets ADA requirements, and includes food preparation and/or sanitary facilities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.176. - Ski area. ¶

"Ski area" means an area developed for snow skiing, with trails and lifts, and including ski rentals and sales, instruction, and eating facilities.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.177. - Ski resort.

"Ski resort" means a ski area which also includes sales, rentals, and services of related equipment and accessories, eating places, residences, and hotels and motels.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.178. - Slope.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.179. - Soil.

"Soil" means all unconsolidated mineral and organic material of whatever origin which overlies bedrock and can be readily excavated.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.180. - Soil map.

"Soil map" means a map prepared by the Soil Conservation Service of the Department of Agriculture of the State, indicating the following soil characteristics: slope, depth to seasonal high water, depth to bedrock, permeability, natural drainage class, stoniness, and flood and stream overflow hazard.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.181. - Solid waste.

"Solid waste" means unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.182. - Street.

"Street" means a public thoroughfare which affords the principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.183. - Structure.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, but excluding driveways, patios, and parking spaces.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.184. - Structural alterations.

"Structural alterations" means any change in the supporting members of a structure such as bearing walls, columns, beams, or girders.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.185. - Surface mining.

"Surface mining" means processes for the commercial removal of minerals from the surface of the earth.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.186. - Temporary structure.

"Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.187. - Temporary use.

"Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.188. - Theater.

"Theater" means a building, or part of a building, devoted to showing motion pictures or for dramatic, musical, or live performances.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.189. - Trade school.

"Trade school" means a private educational facility devoted to instruction in particular crafts, trades, or skills, such as dance, business, beautician, barber, radio, and television schools.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.190. - Truck camper. ¶

"Truck camper" means a structure designed to fit into the bed of a pick-up truck and used for temporary shelter and sleeping.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.191. - Truck stop.

"Truck stop" means any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities solely for the use of truck crews.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.192. - Trucking terminal.

"Trucking terminal" means an area and building where cargo is stored and where trucks load and unload cargo on a regular basis.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.193. - Utility, private or public. ¶

"Private or public utility" means:

(a)

Any agency which, under public franchise or ownership or under a certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service; and

(b)

A closely regulated private enterprise with an exclusive franchise for providing a public service.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.194. - Vacation rental.

"Vacation rental" means a single or two-family dwelling which is rented for periods of not more than (30) consecutive days to transient occupants. Where two (2) or more single or two-family dwellings legally exist on a single parcel, or where a single-family dwelling and an authorized second dwelling legally exist on a

single parcel, only one dwelling unit may be considered a vacation rental subject to the provisions of Article 15.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.195. - Variance, hardship. ¶

"Hardship variance" means a departure from the provisions of this chapter relating to setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.196. - Warehouse. ¶

"Warehouse" means a building used primarily for the storage of goods and materials.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.197. - Waste.

"Waste" means:

(a)

Bulky waste. Items the large size of which precludes or complicates their handling by normal collection, processing, or disposal methods;

(b)

Construction and demolition waste. Building materials and rubble resulting from construction, remodeling, repair, and demolition operations;

(c)

Hazardous waste. Waste which requires special handling to avoid illness or injury to persons or damage to property;

(d)

Special waste. Waste which requires extraordinary management;

(e)

Wood pulp waste. Wood or paper fiber residue resulting from a manufacturing process; and

(f)

Yard waste. Plant clippings, prunings, and other discarded materials from yards and gardens.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.198. - Wholesale trade.

"Wholesale trade" means establishments or places of business primarily engaged in selling merchandise to retailers, or to industrial, commercial, institutional, or professional business users, or to other wholesalers or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.199. - Yard. ¶

"Yard" means an open space which lies between the principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as may be specifically provided in this title.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.200. - Yard, front.

"Front yard" means a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Such front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted in this title.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.201. - Yard, rear.

"Rear yard" means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted in this title.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.202. - Yard, side. ¶

"Side yard" means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. Such side yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted in this title.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.203. - Youth camp.

"Youth camp" means any parcel or parcels of land having the general characteristics of a camp as the term is generally understood, used wholly or in part for recreational or educational purposes, and accommodating five (5) or more children under twenty-eight (28) years of age for a period of, or portions of, two (2) days or more, including a site which is operated as a day camp or as a resident camp.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.204. - Zero lot line.

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.205. - Zone.

"Zone" means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.206. - Zoning map.

"Zoning map" means the map or maps which are a part of this chapter and delineate the boundaries of zone districts.

(Ord. No. 13-11, § II, 8-6-2013)

Sec. 10-6.3602.207. - Zoning permit.

"Zoning permit" means a document signed by the zoning officer, as required in this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration,

alteration, conversion, or installation of a structure or building, which document acknowledges that such use, structure, or building complies with the provisions of this chapter or an authorized variance therefrom.

(Ord. No. 13-11, § II, 8-6-2013)

Article 37. - Single-Family Residential District (Res-1)

Sec. 10-6.3701. - Res-1 District.

The regulations set forth in this article shall apply in the Single-Family Residential District. The Res-1 District is intended to provide single-family detached housing consistent with achieving low density residential neighborhoods and the uses accessory to such neighborhoods.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3702. - Uses permitted.

The following uses shall be permitted in the Res-1 District:

(a)

One single-family dwelling;

(b)

Accessory buildings if constructed simultaneously or subsequent to the main building on the same lot;

(c)

Accessory uses normally incidental to single-family residences. This shall not be construed as permitting any commercial use;

(d)

One guest house;

(e)

One residential storage building, subject to the regulations as set forth in Section 10-6.1516 of the General Provisions;

(g)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code;

(h)

The keeping of domesticated livestock and horses, subject to the regulations as set forth in Section 106.1519 of the General Provisions; and

(i)

Group care facilities for six (6) or fewer individuals.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 90-10, eff. March 29, 1990, § I, Ord. 92-17, eff. June 9, 1992, and § I, Ord. 94-07, eff. April 14, 1994; Ord. No. 12-09, § II, 4-10-2012)

(Ord. No. 10-15, § I, 12-7-2010; Ord. No. 12-09, § II, 4-10-2012; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3703. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the Res-1 District:

(a)

Churches, schools, parks, playgrounds, and public utility and public buildings and uses;

(b)

Family day care facilities;

(c)

Home occupations;

(d)

Educational services; and

(e)

In addition to the uses listed above, those uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994; Ord. No. 13-11, § III, 8-6-2013)

Article 38. - Limited Multiple-Family Residential District (Res-2)

Sec. 10-6.3801. - Res-2 District.

The regulations set forth in this article shall apply in the Limited Multiple-Family Residential District. The Res-2 District is intended to allow single-family dwellings as well as duplex dwellings and other uses compatible with single-family neighborhoods.

(§ I, Ord. 86-2, eff. February 27, 1986; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3802. - Uses permitted.

The following uses shall be permitted in the Res-2 District:

(a)

One or two (2) single-family dwellings or one duplex but in no instance more than two (2) dwelling units on a parcel;

(b)

Accessory buildings only if constructed simultaneously or subsequent to the main building on the same lot;

(c)

Accessory uses normally incidental to single-family residences and duplexes. This shall not be construed as permitting any commercial use;

(d)

Guest houses;

(e)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code; and

(f)

Group care facilities for six (6) or fewer individuals.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 10-15, § II, 12-7-2010; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3803. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the Res-2 District:

(a)

Churches, schools, parks, playgrounds, and public utility and public buildings and uses;

(b)

Family day care facilities;

(c)

Home occupations;

(d)

Educational services; and

(e)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

(Ord. No. 13-11, § III, 8-6-2013)

Article 39. - Mixed Multiple-Family Residential District (Res-3)

Sec. 10-6.3901. - Res-3 District. ¶

The regulations set forth in this article shall apply in the Mixed Multiple-Family Residential District. The Res3 District is intended to provide a mixed residential neighborhood, more particularly designed for high density dwellings, where all uses of a residential character, including single-family homes, duplexes, apartments, mobile home parks, and similar uses, may occur in harmony.

(§ I, Ord. 86-2, eff. February 27, 1986; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3902. - Uses permitted. ¶

The following uses shall be permitted in the Res-3 District:

(a)

Single-family dwellings and two-family dwellings or duplexes;

(b)

Multiple-family dwellings, apartment houses, and rooming houses or boardinghouses;

(c)

Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses set forth in this article;

(d)

Guest houses;

(e)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code; and

(f)

Group care facilities for six (6) or fewer individuals.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 10-15, § II, 12-7-2010; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.3903. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the Res-3 District:

(a)

Hotels, dwelling groups, and convalescent and care facilities;

(b)

Professional offices;

(c)

Community centers, social halls, lodges, clubs, and group homes;

(d)

Churches, parks, playgrounds, schools and public utility and public buildings and uses;

(e)

Family day care facilities;

(f)

Mobile home parks and recreational vehicle parks on a site not less than one acre, and at a density not to exceed nine (9) recreational vehicles or six (6) mobile home spaces for each acre;

(g)

Home occupations;

(h)

Group care facilities for more than six (6) individuals; and

(i)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 9713, eff. May 8, 1997; Ord. No. 13-11, § III, 8-6-2013)

Article 40. - Multiple-Family Residential District (Res-4)

Sec. 10-6.4001. - Res-4 District.

The regulations set forth in this article shall apply in the Multiple-Family Residential District. The Res-4 District is intended to provide an area of high density multi-family residential land uses and mobile home parks.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4002. - Uses permitted.

The following uses shall be permitted in the Res-4 District:

(a)

Single-family dwellings and two-family dwellings or duplexes;

(b)

Multiple-family dwellings and apartment houses;

(c)

Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses set forth in this article;

(d)

Guest houses;

(e)

Mobile home parks and recreational vehicle parks when established on a site of not less than five (5) acres and at a density of not to exceed ten (10) mobile home spaces or fifteen (15) recreational vehicle spaces for each acre;

(f)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code;

(g)

Transitional and supportive housing; and

(h)

Group care facilities for six (6) or fewer individuals.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 10-15, § II, 12-7-2010; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4003. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the Res-4 District:

(a)

Motels when established on a building site of not less than 8,000 square feet, where off-street parking of not less than one space for each motel unit and where yards are required, and the percentage of lot coverage and building height limits shall be the same as required for uses in the Res-3 District;

(b)

Family day care facilities;

(c)

Hotels, rooming houses or boardinghouses, and dwelling groups;

(d)

Community centers, social halls, lodges, clubs, convalescent and care facilities, and group homes;

(e)

Churches, parks, playgrounds, and public utility and public buildings and uses;

(f)

Educational schools;

(g)

Professional offices;

(h)

Home occupations; and

(i)

Group care facilities for more than six (6) individuals.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Article 41. - Rural Neighborhood Commercial District (C-R)

Sec. 10-6.4101. - C-R District.

The regulations set forth in this article shall apply in the Rural Neighborhood Commercial District. The C-R District is intended to provide areas where less intensive commercial uses can operate and offer goods and services within a close distance to, and be compatible with, residential neighborhoods.

(§ I Ord. 86-2 eff. February 27, 1986; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4102. - Uses permitted.

The following uses shall be permitted in the C-R District:

(a)

Rooming houses and boardinghouses;

(b)

The following uses when conducted within a building: bakeries (retail only), food stores, hardware stores, banks, barbershops, beauty parlors, bookstores, variety stores, shoe shops, drugstores and offices, florist shops, and restaurants;

(c)

Professional offices;

(d)

Convenience stores, launderettes, and retail nurseries;

(e)

Copying and printing establishments;

(f)

Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses set forth in this article; and

(g)

On- and off-sale liquor establishments.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4103. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the C-R District:

(a)

Single-family dwellings, duplexes, and triplexes;

(b)

Social halls, lodges, fraternal organizations, and clubs;

(c)

Churches, libraries, parks, playgrounds, schools and public utility and public buildings and uses;

(d)

Theaters;

(e)

Family day care facilities;

(f)

Convalescent and care facilities; and

(g)

Sales of motor vehicles;

(h)

Retail fuel sales;

(i)

Health clubs;

(j)

Group care facilities for more than six (6) individuals; and

(k)

In addition to the uses listed above, those uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 9713, eff. May 8, 1997; Ord. No. 13-11, § III, 8-6-2013)

Article 42. - Neighborhood Commercial District (C-U)

Sec. 10-6.4201. - C-U District. ¶

The regulations set forth in this article shall apply in the Neighborhood Commercial District. The C-U District is intended to provide areas where less intensive commercial uses can operate and offer goods and services within a close distance to, and be compatible with, residential neighborhoods.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4202. - Uses permitted.

The following uses shall be permitted in the C-U District:

(a)

Automobile service stations, car washes, repair garages (not including body shops), and towing services provided all operations, except servicing with petroleum products, air, and water, be conducted and confined within an enclosed building;

(b)

Professional offices;

(c)

Convenience stores, launderettes, and retail nurseries;

(d)

Copying and printing establishments;

(e)

Multiple-family dwellings, apartment houses, dwelling groups, and rooming houses and boardinghouses;

(f)

Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses set forth in this article;

(g)

On- and off-sale liquor establishments; and

(h)

Beauty salons/barbershops.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 9407, eff. April 14, 1994, and § I, Ord. 9713, eff. May 8, 1997)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4203. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the C-U District:

(a)

Single-family dwellings, duplexes, and triplexes;

(b)

Social halls, lodges, fraternal organizations, and clubs;

(c)

Churches, libraries, parks, playgrounds, schools, and public utility and public buildings and uses;

(d)

Family day care facilities;

(e)

Convalescent and care facilities;

(f)

Sales of motor vehicles;

(g)

Theaters;

(h)

Retail fuel sales;

(i)

Health clubs;

(j)

Group care facilities for more than six (6) individuals; and

(k)

In addition to the uses listed above, those uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 9713, eff. May 8, 1997; Ord. No. 13-11, § III, 8-6-2013)

Article 43. - Town Center District (C-C)

Sec. 10-6.4301. - C-C District. ¶

The regulations set forth in this article shall apply in the Town Center District. The C-C District is intended to promote and enhance the diversified uses compatible with and necessary for the maintenance and viability of town centers and rural communities. In combination with residential and public uses, such groupings of stores provide daily and weekly convenience shopping and service for the surrounding area. The C-C District also allows social and cultural uses to serve the County's subareas.

(§ I, Ord. 86-2, eff. February 27, 1986; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4302. - Uses permitted. ¶

The following uses shall be permitted in the C-C District:

(a)

Retail stores, offices and personal service establishments within a building, including appliance stores, bakeries, banks, barbershops, beauty parlors, bookstores, department stores, drugstores, food shops, hardware stores, mortuaries, theaters, retail nurseries, professional offices, restaurants, and shoe stores;

(b)

Multiple-family dwellings and apartment houses;

(c)

Churches, libraries, parks, playgrounds, schools, and public buildings and uses;

(d)

Community centers, fraternal organizations, social halls, lodges, and clubs;

(e)

Car washes;

(f)

Launderettes and retail nurseries;

(g)

Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses set forth in this article;

(h)

On- and off-sale liquor establishments; and

(i)

Health clubs.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 9713, eff. May 8, 1997)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4303. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the C-C District:

(a)

Animal hospitals, automobile repair shops, drive-in establishments, creameries, automobile service stations, nonindustrial laundries and laundromats, cabinet shops, outdoor sales establishments, if fenced, and motels;

(b)

Convalescent and care facilities;

(c)

Hotels;

(d)

Adult entertainment;

(e)

Truck and utility trailer rental, excluding industrial equipment;

(f)

Publicly owned parking lots;

(g)

Motor vehicle sales;

(h)

Caretaker's residence;

(i)

Group care facilities for more than six (6) individuals; and

(j)

In addition to the uses listed above, those uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § 1, Ord. 93-10, eff. February 23, 1993, § I, Ord. 9407, eff. April 14, 1994, and § I, Ord. 97-13, eff. May 8, 1997)

(Ord. No. 13-11, § III, 8-6-2013)

Article 44. - Highway Commercial District (C-H)

Sec. 10-6.4401. - C-H District. ¶

The regulations set forth in this article shall apply in the Highway Commercial District. There is currently no C-H District established by this chapter. The C-H District is intended for commercial uses to serve the highway traveler. The bulk of highway frontage in the County is not appropriate for commercial uses. Therefore, highway commercial uses shall be located in existing communities or carefully selected points outside communities. For reasons of safety, congestion, traffic control, and minimizing other adverse impacts, the C-H District shall be established on parcels sufficiently large enough to provide safe highway access, maneuvering parking, and related activities.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4402. - Uses permitted.

The following uses shall be permitted in the C-H District:

(a)

Automobile service stations, automobile car washes, repair garages (not including body shops), and towing services provided all operations, except servicing with petroleum products, air, and water, be conducted and confined within an enclosed building;

(b)

Restaurant and refreshment stands;

(c)

Convenience stores;

(d)

Recreational vehicle parks, when established on a site of not less than five (5) acres and at a density not to exceed fifteen (15) recreational vehicle spaces per acre;

(e)

Camp grounds;

(f)

Motels and hotels;

(g)

Public service facilities (for example, rest areas, parks, and utility substations);

(h)

Truck service stations and fuel yards;

(i)

On- and off-sale liquor establishments;

(j)

Theaters;

(k)

Health clubs;

(l)

A caretaker's residence accessory to permitted uses; provided the permitted use requires the continuous supervision of a caretaker, superintendent or security person and the residence is to be occupied only by such person and his or her family; and

(m)

Emergency shelters.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § 1, Ord. 0108, eff. April 19, 2001)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4403. - Conditional uses permitted.

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 94-07, eff. April 14, 1994)

(Ord. No. 13-11, § III, 8-6-2013)

Article 45. - Limited Industrial District (M-L)

Sec. 10-6.4501. - M-L District.

The regulations set forth in this article shall apply in the Limited Industrial District. The M-L District is designed to provide an environment for the aggregation of compatible, non-nuisance type industrial uses where activities are conducted and confined within a building or structure. The M-L District is intended to establish areas where industrial activities, laboratories, and clean, quiet operations can function within the context of an industrial park concept. The M-L District is designed to protect such industrial areas from intrusions of incompatible and nonindustrial uses and provide for safety and health considerations by appropriate fire access, circulation, traffic flow, and other standards. Additionally, an aesthetically-pleasing environment shall be encouraged. Manufacturing uses involving the primary production of commodities from raw materials shall be expressly prohibited in the M-L District.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4502. - Uses permitted.

The following uses shall be permitted in the M-L District:

(a)

Administrative, executive, financial, and other offices in conjunction with permitted industrial uses;

(b)

Bookbinding, lithography, printing, and publishing facilities;

(c)

Assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, wood, glass, metal, or stone;

(d)

Public uses and utilities, not including disposal sites, sewage treatment, and power plants;

(e)

Medical and dental laboratories;

(f)

Wholesale sales in conjunction with allowed uses and retail sales when directly incidental to the principal use of the property;

(g)

Large and mini-storage facilities;

(h)

Trade and vocational schools; and

(i)

Cabinet shops.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4503. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the M-L District:

(a)

Research and development laboratories and institutes;

(b)

Manufacturing of electrical or electronic instruments and devices;

(c)

Manufacturing of pharmaceuticals and similar products;

(d)

Heliports;

(e)

Retail establishments of a nature designed principally to serve surrounding industrial uses, such as restaurants and gasoline/diesel fuel stations;

(f)

Appurtenant outside storage when contained within a solid fence of at least six (6') feet in height;

(g)

Caretakers' residences provided the permitted use requires the continuous supervision of a caretaker, superintendent, or security person and the residence is to be occupied only by such person and his or her

family; and

(h)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Article 46. - Light Industrial District (M-M)

Sec. 10-6.4601. - M-M District. ¶

The regulations set forth in this article shall apply in the Light Industrial District. The M-M District is intended to establish areas where light manufacturing and the less abrasive industrial activities may take place, particularly where heavy industry may not be appropriate. To provide for maximum harmony within the community, M-M District uses shall be designed and constructed to occur within confined areas. The provisions of this article, in combination with standards and special provisions, are designed to accommodate circulation, fire safety, access, and other considerations relevant to the health, safety, and general welfare of the community.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4602. - Uses permitted.

The following uses shall be permitted in the M-M District:

(a)

Animal hospitals, pounds, and kennels;

(b)

Nurseries and greenhouses;

(c)

Saw shops provided all operations occur within the building;

(d)

Vehicle repair services, garages, and body shops provided all operations occur within. a building;

(e)

Miscellaneous repair shops and related services provided all operations occur within a building;

(f)

Equipment rental and leasing provided all equipment shall be screened by a wall, fence, or landscaping screen not less than six (6') feet in height;

(g)

Off site construction, maintenance services, and contractors' yards, including building, electrical, plumbing, heating, roofing, painting, landscaping, excavation, and similar contractors, and janitorial, fumigating, septic tank pumping, and similar services;

(h)

Welding shops, machine shops, and sheet metal shops provided all operations occur within a building;

(i)

Non-retail laundries and dry cleaners;

(j)

Lumber yards and woodworking and cabinet shops;

(k)

Feed stores;

(l)

Assembly plants which are not objectionable, obnoxious, or offensive by reason of the emission of noise, smoke, dust, odors, fumes, or other materials or which do not involve the handling or storage of flammable explosives or dangerous materials;

(m)

Bulk storage of oil, gasoline, propane, and similar products;

(n)

Wholesale storage and distribution of foods and materials, including warehouses, moving services, delivery services, and similar uses. The storage of flammables, explosives, or materials which create dust, odors, or fumes shall be expressly prohibited in the M-M District;

(o)

Fruit and vegetable freezing, processing, and packaging operations, but not including canneries;

(p)

Sales in conjunction with permitted or conditionally permitted uses;

(q)

Towing services, excluding disabled vehicle storage, junk yards, wrecking yards and auto dismantling;

(r)

Large and mini-storage facilities;

(s)

Bottling works and spring and mineral water bottling works at the source.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § 1, Ord. 93-11, eff. February 23, 1993, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.4603. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the M-M District:

(a)

(b)

Airstrips and heliports;

(c)

Truck terminals and truck storage;

(d)

Storage elevators;

(e)

Power generation plants, all energy sources, including biomass:

(f)

Wood planing mills;

(g)

Primary or secondary manufacture of pharmaceuticals;

(h)

Retail establishments of a nature designed principally to serve surrounding industrial uses, such as restaurants and gasoline/diesel fuel stations;

(i)

Temporary disabled vehicle storage, not to exceed sixty (60) days, excluding junk yards, wrecking yards and auto dismantling;

(j)

Micro-distilleries, wineries and breweries;

(k)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § 1, Ord. 93-11, eff. February 23, 1993, and § I, Ord. 94-07, eff. April 14, 1994)

Article 47. - Heavy Industrial District (M-H)

Sec. 10-6.4701. - M-H District.

The regulations set forth in this article shall apply in the Heavy Industrial District. The purpose of the M-H District is to permit the normal operations of almost all industries, subject only to those regulations needed to control congestion; manage traffic circulation; provide fire and natural hazard protection; protect the surrounding areas or adjoining premises; and protect industrial areas from intrusion by nonindustrial activities. A differentiation is made yards; in the M-H District between uses allowed by right and those allowed by use permit. Uses requiring use permits have a greater potential for negative impacts to the health, safety, and general welfare of the neighborhood. Conditioning and monitoring such uses will ensure their compatibility with the area.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4702. - Uses permitted.

The following uses shall be permitted in the M-H District:

(a)

Any use permitted by right in the M-L or M M District, except that activities confined to buildings in such zones shall not be so confined in the M-H District;

(b)

Canneries and agricultural processing;

(c)

Creameries and milk bottling or distributing stations;

(d)

Storage elevators;

(e)

Truck terminals and truck storage;

(f)

Ice manufacturing and cold storage;

(g)

Manufacturing or assembly of aircraft, auto mobiles, boilers, engines, motors and generators, mobile homes, trailers, railroad equipment, and other products which require the use of heavy machinery;

(h)

Dyeing establishments;

(i)

Bottlers, distilleries, and wineries;

(j)

Metal, glass, and paper recycling plants; and

(k)

Fertilizer production.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4703. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the M-H District:

(a)

Junk yards, wrecking yards, and automobile dismantling;

(b)

Distillation of bones and fat rendering;

(c)

Foundries and smelting of ore;

(d)

Manufacturing of acid, alcohol, ammonia, asphalt, plastic, rubber cellulose, cement, coal, dyes, explosives, fertilizer, fireworks, glass, tar, paint, plaster, gypsum, flammable fluids or gases, and hazardous chemicals, including acetylene, carbide, caustic soda, chlorine, cleaning and polishing preparations, creosote, exterminating agents, and industrial gases;

(e)

Commercial excavations of stone or earth materials;

(f)

Drilling for or the removal of oil or gas;

(g)

Dumping, disposal, or reduction of garbage, sewage, offal, dead animals, incineration, or refuse;

(h)

Airstrips or heliports;

(i)

Commercial feed yards and animal sales

(j)

Storage of flammables;

(k)

Concrete or asphalt batching plants;

(l)

Tanneries;

(m)

Racetracks for motorized and non-motorized vehicles, including bicycles, motorcycles, automobiles, and similar vehicles (specifically excluding animal racing),

(n)

Power generation plants, all energy sources, including biomass;

(o)

Sawmills and pulp and paper mills;

(p)

Commercial hog raising and poultry raising;

(q)

(r)

Retail establishments of a nature designed principally to serve surrounding industrial uses, such as restaurants and gasoline/diesel fueling stations;

(s)

Slaughterhouses; and

(t)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Article 48. - Rural Residential Agricultural District (R-R)

Sec. 10-6.4801. - R-R District.

The regulations set forth in this article shall apply in the Rural Residential Agricultural District. The R-R District is intended to provide an area where rural residential uses can be compatibly mixed with commercial agricultural activities.

(§ I, Ord. 86-2, eff. February 27, 1986)

(Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4802. - Uses permitted.

The following uses shall be permitted in the R-R District:

(a)

One single-family dwelling;

(b)

Small acreage farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat, horse, and hog farms, commercial chicken or poultry ranches, riding stables, rodeos, or commercial horse rentals;

(c)

Accessory uses and buildings normally incidental to single-family dwellings or small farming;

(d)

Crop and tree farming;

(e)

One mobile home per building site in lieu of a single-family dwelling;

(f)

One guesthouse;

(g)

Greenhouses;

(h)

One residential storage building, subject to the regulations as set forth in Section 10-6.1516 of the General Provisions;

(i)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code;

(j)

Amateur radio antennas. When used for private, noncommercial purposes, amateur radio antennas may be permitted in the R-R District. Height limitations may be exceeded by adding one foot yard setback for every foot of height in excess of those permitted by the zoning ordinance; and

(k)

Group care facilities for six (6) or fewer individuals.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 90-10, eff. March 29, 1990, § I, Ord. 92-17, eff. June 9, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

(Ord. No. 10-15, § III, 12-7-2010; Ord. No. 13-11, § III, 8-6-2013)

Sec. 10-6.4803. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the R-R District:

(a)

Churches, schools, parks, playgrounds, and public utility and public buildings and uses;

(b)

Within a building the following commercial agricultural uses: raising of fur-bearing animals and poultry;

(c)

Home occupations;

(d)

Heavy equipment and vehicle parking, subject to the following limitations:

(1)

The equipment is resident-owned and operated,

(2)

Equipment does not include materials, parts, or supplies not incidental to the equipment,

(3)

The equipment storage area is limited to twenty-five (25%) percent of the ownership, or one-quarter acre, whichever is less,

(4)

Access shall be sufficient to carry the equipment without sustaining undue damage. Permits issued under this section may require that only unloaded equipment be parked,

(5)

Aesthetic screening shall be provided acceptable to the Planning Commission, enclosing the proposed equipment area as needed,

(6)

All health and safety approvals must be received;

(e)

The Planning Director is hereby authorized to waive Planning Department filing fees for uses allowed in subsection (d) of this section in the following situations:

(1)

The continuous use existed prior to February 27, 1986 (effective date of the County's revised zoning ordinance),

(2)

The continuous use was established while the property was zoned A-1 Unclassified;

(f)

Family day care facilities; and

(g)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 91-27, eff. August 23, 1991, § I, Ord. 91-28, eff. August 23, 1991, § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 97-13, eff. May 8, 1997)

(Ord. No. 10-15, § IV, 12-7-2010; Ord. No. 13-11, § III, 8-6-2013)

Article 49. - Non-Prime Agricultural District (AG-2)

Sec. 10-6.4901. - AG-2 District. ¶

The regulations set forth in this article shall apply in the Non-Prime Agricultural District. The AG-2 District is intended to provide an area where general agricultural activities and agriculturally related activities can occur. Because the soil, climatic, and cropping history of the County differs from area to area, minimum parcel sizes for the AG-2 District shall vary in order to account for such differences.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.4902. - Uses permitted.

The following uses shall be permitted in the AG-2 District:

(a)

Farm labor housing;

(b)

Single-family dwellings or mobile homes in lieu thereof, incidental and necessary for agricultural pursuits;

(c)

Accessory uses incidental to agriculture;

(d)

Agricultural uses, including, but not limited to tree, vine, row, and field crops, growing and harvesting of trees, and livestock farming and animal husbandry, but not including dairies, commercial feed lots, or commercial poultry, and hog raising operations;

(e)

Wholesale nurseries with retail sales incidental thereto, greenhouses, fish farms, frog farms, and roadside stands for sales of agricultural products from the premises;

(f)

One guest house; and

(g)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code.

(§ I, Ord. 86-2, eff. February 27, 1986 and § I, Ord. 92-17, eff. June 9, 1992, as amended by § I, Ord. 92-20, eff. July 14, 1992, and § I, Ord. 9407, eff. April 14, 1994)

(Ord. No. 10-15, § IV, 12-7-2010)

Sec. 10-6.4903. - Conditional uses permitted. ¶

Subject to obtaining a use permit, the following uses shall be permitted in the AG-2 District:

(a)

Churches, schools, parks, playgrounds, and public utility and public and quasi-public buildings and uses to the extent such are necessary to serve the AG-2 District;

(b)

Private airports and landing fields;

(c)

Dairies, commercial poultry operations, commercial feed lots, and hog farms;

(d)

Golf courses;

(e)

Kennels and animal hospitals;

Guest ranches and public stables;

(g)

Agricultural enterprises, including, but not limited to agricultural sheds and warehouses; processing, storage, or sale of agricultural products and supplies; and the repair, storage, maintenance, and servicing of agricultural supplies and equipment;

(h)

Home occupations;

(i)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit; and

(j)

Continued operation of the Yreka Landfill, and any expansion or modification of municipal solid waster activities at the Yreka Landfill.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, and § I, Ord. 0407, eff. June 1, 2004)

Article 50. - Prime Agricultural District (AG-1)

Sec. 10-6.5001. - AG-1 District.

The regulations set forth in this article shall apply in the Prime Agricultural District. The AG-1 District classification is intended to be applied to land areas which are used or are suitable for use for intensive agricultural production. Such areas are designated as "Prime" on the County General Plan.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5002. - Uses permitted.

The following uses shall be permitted in the AG1 District:

(a)

Single-family dwellings or mobile homes in lieu thereof, incidental and necessary for caretaker or agricultural pursuits;

(b)

Accessory uses incidental to agriculture;

(c)

Agricultural uses, including, but not limited to tree, vine, row, field crops, growing and harvesting of trees, livestock farming, and animal husbandry, but not including dairies, commercial feed lots, or commercial poultry or hog raising operations;

(d)

Farm labor housing;

(e)

Wholesale nurseries with retail sales incidental thereto, greenhouses, fish farms, frog farms, and roadside stands for seasonal sales of agricultural products from the premises; and

(f)

One second dwelling unit per legal lot subject to the limitations as set forth in the General Provisions section of this code.

(§ I, Ord. 86-2, eff. February 27, 1986, § I, Ord. 92-17, eff. June 9, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

(Ord. No. 10-15, § V, 12-7-2010)

Sec. 10-6.5003. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the AG-1 District:

(a)

Private airports and landing fells;

(b)

Dairies, commercial poultry operations, feed lots, and hog farms;

(c)

(g)

The construction and/or occupancy of any building, structure, or other facility constructed and/or occupied consistent with and pursuant to the uses permitted in the TPZ District;

(h)

Aircraft landing facilities;

(i)

Heliports;

(j)

The erection, construction, or maintenance of gas, electric, water, sewage, or communication transmission facilities; and

(k)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted, subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5104. - Qualification for inclusion. ¶

Land to be zoned Timber Land Production Zone (TPZ) shall meet the following qualifications:

(a)

Be a parcel shown on List A or B as specified by the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976; or

(b)

Meet the minimum standards adopted by resolution of the Board for inclusion under List C for the Timber Land Production Zone District (TPZ).

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5105. - Minimum term. ¶

Parcels zoned Timber Land Production Zone shall be zoned as such for an initial term of ten (10) years. On the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial term of ten (10) years, unless a Notice of Zoning is given as provided by Section 51120 of the Government Code of the State.

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5106. - Division of parcels into areas of less than forty (40) acres prohibited.

A parcel zoned as a Timber Production Zone District (TPZ) shall not be divided into parcels containing less than forty (40) acres.

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5107. - Rezoning. ¶

Any rezoning of the land from a Timber Land Production Zone District (TPZ) to another zoning district classification shall be in strict conformance with the requirements of the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 (Section 51100 et seq. of the Government Code of the State).

(§ I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5108. - Division of parcels zoned timberland production into parcels of less than one hundred sixty (160) acres.

A parcel zoned as a Timber Land Zone District (TPZ) may be divided into parcels containing less than one hundred sixty (160) acres if each parcel to be created is divided in accordance with the provisions of Section 51119.5 of the Government Code of the State, or any successor thereto and meets the criteria set forth in subsection (b) of Section 10-6.5104 of this article. This procedure for dividing a parcel zoned Timber Land Production Zone (TPZ) into parcels containing less than one hundred sixty (160) acres shall be in accordance with County resolutions regarding division of parcels zoned Timber Land Production Zone (TPZ).

(§ I, Ord. 94-07, eff. April 14, 1994)

Article 52. - Open space district (O)

Sec. 10-6.5201. - O District. ¶

The regulations set forth in this article shall apply in the Open Space District. It is the intent of the 0 District to provide for the long range preservation of public, quasi-public, and private lands for the health, safety, and welfare of the public.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.5202. - Uses permitted.

The following uses shall be permitted in the 0 District:

(a)

Crop and tree farming and the grazing of horses, cattle, sheep, goats, and similar animals;

(b)

Buildings accessory to any permitted or conditionally permitted uses;

(c)

Riding and hiking trails;

(d)

Wildlife refuge and game preserves; and

(e)

Scientific study sites for the systematic explanation and classification of archaeological, anthropological, or historic artifacts or remains.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 92-36, eff. November 26, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5203. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the 0 District:

(a)

Golf courses, clubhouses and public parks;

(b)

Nonprofit recreational uses;

(c)

Private recreation facilities which are permanently set aside as open space or as part of any residential or commercial development; and

(d)

In addition to the uses listed above, the uses listed in Article 15, General Provisions, may also be permitted subject to the issuance of a use permit.

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 92-36, eff. November 26, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5204. - Waiver of planning fees.

Pursuant to Section 10-6.5203, applications requiring review which will result in the issuance of a permit to a public agency, Planning Department filing fees are hereby specifically waived.

(§ I, Ord. 92-36, eff. November 26, 1992)

Article 53. - Combining Districts (B)

Sec. 10-6.5301. - B-Districts.

Regulations set forth in this article shall apply in the B-Combining Districts. The B-Combining Districts are hereby provided. The B-Districts shall be combined with all other zoning districts. When combined with any other zoning district, the minimum parcel size upon division shall be as designated, notwithstanding any lesser requirement of a minimum building site area for such district with which the B-District is combined.,All of the requirements of the district with which the B-District is combined shall remain in full force and effect

(§ I, Ord. 86-2, eff. February 27, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5302. - Minimum parcel sizes. ¶

The allowable minimum parcel sizes in the B-Combining Districts shall be as follows:

1 acre

2 ½ acres

5 acres

10 acres

20 acres

40 acres

80 acres

160 acres

(§ I, Ord. 8b-2, eff. February 27, 1986)

Article 54. - Floodplain Combining District (F)

Sec. 10-6.5401. - F District. ¶

The regulations set forth in this article shall apply in the Floodplain Combining District. The F District is intended to be applied to areas where inundation is caused by periodic overflow and backwater and where such high water may cause substantial structural damage, erosion, and/or the collapse of stream embankments. Such areas shall be identified on appropriate documented maps known as "Flood Hazard Boundary Maps" or by other detailed information or surveys. The purposes of the regulations set forth in this article are to provide for the protection of the public health, safety, and welfare by preventing the loss of lives, minimizing property damage in real and personal property, protect the environment of flood-prone areas during periods of flooding, and minimize the expenditure of public funds directly and indirectly related to the damage made possible by allowing such hazardous conditions to exist. Furthermore, the regulations set forth in this article are intended to encourage land uses which are suitable for, and which will contribute to, the orderly and appropriate long-range use of flood hazard areas.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.5402. - Uses permitted.

The following uses shall be permitted in the F District. When the F District is combined with one or more of the other land use classifications of this title, the provisions of the F District shall be in addition to the regulations of the companion district; provided, however, the more restrictive regulations shall prevail:

(a)

Grazing, field crops, tree farming, livestock grazing, and other non-intensive agricultural and open space uses of a similar nature, but not including commercial feed lots or dairies;

(b)

Public utility lines and pipelines; and

(c)

Buildings and structures accessory to agricultural uses for the storage of goods and equipment and the shelter of animals, but not including residences of any type or the storage of petroleum products in excess of 500 gallons.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.5403. - Conditional uses permitted.

Subject to obtaining a use permit, the following uses shall be permitted in the F District:

(a)

Public parks, recreation areas, and facilities, including boat ramps, docks, picnic grounds, and campgrounds, recreational vehicle parks, baseball and other sports fields, and other similar uses involving the open use of land without structures or improvements which would be situated in the identified floodplain;

(b)

Commercial livestock feed lots and dairies;

(c)

Surface mining and other commercial excavations;

(d)

Construction of levees, dikes, and other structures designed to divert or obstruct the flow of floodwaters which could potentially result in effects on adjoining land uses;

(e)

Residential, commercial, or industrial buildings, mobile homes, accessory residential structures, and the storage of petroleum products in excess of 500 gallons if such uses are allowed, and according to the regulations by which they would be allowed in the companion zone, and if they comply with the development standards set forth in this article;

(f)

Exploration of geothermal, gas, oil, and other hydrocarbon resources; and

(g)

Electrical generating facilities utilizing biomass, cogeneration, gas, oil, geothermal, solar, hydro, and wind resources.

(§ I, Ord. 86-2, eff. February 27, 1986)

Sec. 10-6.5404. - Development standards.

Except as otherwise provided in this chapter, the development standards shall be those specified for the companion district. Special standards for the F Combining District shall be as set forth in the County Flood Damage Combining Ordinance.

(§ I, Ord. 86-2, eff. February 27, 1986)

Article 55. - Dimensional Standards for Zoning Districts

Sec. 10-6.5501. - General.

The regulations set forth in Table 10-6.5501 shall apply to each zoning district as indicated (NIA indicates not applicable).

Table 10-6.5501

	Minimum Site Area (14)	Minimum Site Area (14)	Maximum	Height	Maximum Percent of Site Coverage (Aggregate Building Coverage)10	Minimum Lot Width (In Feet)	Yards and Setbacks (in Feet)	Yards and Setbacks (in Feet)	Yards and Setbacks (in Feet)
Zoning	With Sewer and Water	Septic Tank	Dwelling	Accessory Building			Front	Side	Rear
R-R	7,200 sq. ft. 1	1 acre	35 ft.11	20 ft.11	40%	601	202, 9, 10	5	204, 12
Res-1	7,200 sq. ft. 1	1 acre	30 ft.	20 ft.	40%	601	202	53	204, 12
Res-2	7,200 sq. ft. 1	N/A	35 ft.	20 ft.	50%	601	202	53	204, 12
Res-3	7,200 sq. ft. 5	N/A	40 ft.	20 ft. avg.	75%	505	20	53	106, 12
---	---	---	---	---	---	---	---	---	---
Res-4	7,200 sq. ft. 5	N/A	40 ft.	20 ft. avg.	75%	505	20	53	106, 12
C-R	7,200 sq. ft. 5	1 acre	50 ft.7	50 ft.	75%	505	20	08	08, 12
C-U	7,200 sq. ft.	1 acre	50 ft.7	50 ft.	75%	505	20	08	08, 12
C-C	7,200 sq. ft.	1 acre	50 ft.7	50 ft.	75%	601	20	08	08, 12
C-H	2,0300 sq. ft.	1 acre	50 ft.7, 13	50 ft.7, 13	85%	100	20	08	08, 12
M-L	2,000 sq. ft.	1 acre	50 ft.7	50 ft.7	75%	100	20	08	08, 12
M-M	2,000 sq. ft.	1 acre	50 ft.7	50 ft.7	75%	100	20	5	1012
M-H	2,000 sq. ft.	2 acres	50 ft.7	50 ft.7	75%	150	20	5	1012
AG-1	N/A	40 acres	35 ft.11	35 ft.
AG-2	N/A	10 acres	35 ft.11	35 ft.
TPZ	N/A	40 acres	35 ft.	35 ft.
O	10,000 sq. ft.	1 acre	N/A	35 ft.	35%	60 avg.	20	6	20
PD	1 acre	1 acre	Adopted by reference	Not to exceed coverage allowed for use in other zones		Adopted by reference to approved PD Plan

Footnotes:

Seventy (70') foot minimum lot width on corner lots. On cul-de-sac lots, width may be measured at the setback line.
Where four (4) or more lots in a block have been improved with structures, the minimum may be the average if less than twenty (20') feet.
On corner lots, the frontage shall be declared as the most narrow end of the lot facing a street. The minimum required side yard for accessory structures shall be one foot from the interior lot lines when constructed on the rear one-half (½) of the lot or, in the case of a corner lot, shall not project beyond the front yard required or existing on an adjacent lot. On any parcel of an average width less than fifty (50') feet

under one ownership at the time of, or as shown as a lot on, any subdivision map filed in the County Recorder's office prior to December 3, 1957, when the owner thereof owns no adjoining land, the width of each side yard may be reduced to ten (10%) percent of the width of such parcel, but in no case to less than three (3') feet.

For accessory structures the minimum rear yard shall be one foot.
Sixty (60') feet minimum lot width on corner lots.
Special yards and distances between buildings in the Res-3 and Res-4 Districts: (a) The distance between buildings in any dwelling group shall be a minimum of ten (10') feet; (b) A side yard providing access to a single-row dwelling group shall be a minimum of twelve (12') feet; and (c) Inner courts providing access to double-row dwelling groups shall be a minimum of twenty (20') feet.
A use permit or administrative permit may be considered for variation.
Where the side or rear of a lot abuts an R District, the side or rear yard shall be ten (10') feet in the C-R and C-U Districts and five (5') feet in the C-C, C-H, M-L, M-M, and M-H Districts, except rear yards abutting alleys which shall be ten (10') feet.
Accessory buildings used for the keeping of chickens, poultry, rabbits, or other animals shall not be less than sixty (60') feet from the front property line.
Subject to health, safety, and drainage considerations and conditions and parking requirements.
On one-acre or larger lots, the maximum height standard shall be forty (40') feet for single-family dwellings and thirty (30') feet for accessory structures.
Signs permitted by Article 58 of the Siskiyou County Code may deviate from the required front yard setback provided such sign otherwise conforms to such Article 58 and a sign permit providing for such deviation is obtained.
Billboards shall not exceed thirty (30') feet in height.
The otherwise required minimum parcel size may be reduced for: (a) a lot that is created to preserve historic and/or cultural resources; (b) a lot that is created to serve water, sanitary, or Public Utility Commission required infrastructure improvements; or (c) a lot that the Planning Commission finds is necessary to serve public safety uses provided that said future use is consistent with the applicable Zoning District, that specific findings are made by the Public Health Officer that sanitary issues have been addressed, and that as a condition of the subdivision a deed restriction shall be placed on the parcel that specifies that should the use be discontinued that parcel must be remerged with the parent parcel before it could be used for a use that would otherwise require the minimum parcel size for the zoning district.

fic findings are made by the Public Health Officer that sanitary issues have been addressed, and that as a condition of the subdivision a deed restriction shall be placed on the parcel that specifies that should the use be discontinued that parcel must be remerged with the parent parcel before it could be used for a use that would otherwise require the minimum parcel size for the zoning district.

(§ I, Ord. 86-23, eff. August 21, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994, § I, Ord. 94-28, eff. December 29, 1994, § I, Ord. 97-13, eff. May 8, 1997 § I, Ord. 98-05, eff. April 30, 1998, §§ III, IV, Ord. 9810, eff. July 9, 1998, § I, Ord. 99-03, eff. March 25, 1999, and § 2, Ord. 01-08, eff. April 19, 2001)

(Ord. No. 10-10, §§ II, III, 6-15-2010)

Article 56. - Improvement Standards

Sec. 10-6.5601. - Improvement standards.

All buildings and uses of buildings and lands shall be designed to comply with the improvement standards set forth in this article.

(§ I, Ord. 86-26, eff. August 21, 1986, as amended by § I, Ord. 9407, eff. April 14, 1994)

Sec. 10-6.5602. - Light, glare, and heat.

Exposed sources of light, glare, or heat shall be shielded so as not to be directed outside their premises.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5603. - Air quality.

In the industrial and commercial districts, the County Air Pollution Control Department requirements shall be met.

(§ I; Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5604. - Sewage systems.

The County Health Department and the State Regional Water Quality Control requirements shall be met.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5605. - Water systems.

The County Health Department and the State Department of Health Services requirements shall be met.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5606. - Storm drainage and erosion control.

The property owner shall provide for proper grading, storm water drainage, and erosion control, including the prevention of sedimentation or damage to off site property.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. l0-6.5607. - Streets.

Streets for primary access, circulation, parking, and loading shall be consistent with the provisions of the County Land Development Manual.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5608. - Easements.

Easements shall be reserved in such a manner so as to assure proper continuity of utilities and/or proper drainage.

(§ I, Ord. 86-26, eff. August 21, 1986)

Sec. 10-6.5609. - Landscaping.

(a)

The purpose of landscaping is:

(1)

To provide greenery to visually soften paved areas and buildings;

(2)

To establish environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, storm water runoff retardation, and noise, glare, and heat abatement;

(3)

To buffer uncomplimentary land uses and generally enhance the quality and appearance over the entire site of the project; and

(4)

To ensure that the local stock of native trees is replenished, plant material shall generally be native or hardy to the region.

(b)

Commercial and industrial landscaping shall be as follows:

(1)

Not less than six (6%) percent of the landscaping shall be included in the twenty (20') foot front yard setback or additional frontage area.

(2)

Not less than six (6%) percent of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of spaces times 280 square feet. Landscaping and planting areas shall be reasonably dispersed throughout the parking lot. The interior dimensions of any planted area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth.

Such areas shall be protected by barriers. Primary landscaping used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other planting materials may be used to compliment the tree landscaping which shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography are also encouraged as a component of

Mini-storage: one space for each employee.

(d)

One off street loading space for up to 10,000 square feet of commercial or industrial floor area, plus one additional loading space for each 10,000 square feet of floor area.

(e)

Parking Stall and Lot Dimensions.

Angle	Width	Depth	Aisle	One-Way	Clearance
90°	9'	20'	24'	15'	N/A
45°	9'	20'	22'	15'	N/A
Parallel	9'	20'	22'	15'	N/A
Loading	12'	30'	N/A	N/A	15'

(1)

Where parking rows opposite each other are of different angles and share the same maneuvering aisle, the greater of the two (2) required widths shall be used.

(2)

All spaces along property lines shall have a minimum six (6) inch by six (6″) inch raised curb or equivalent barrier precluding entry from other property or from streets not used for maneuvering.

(3)

Any parking and loading requirements may be modified, as necessary, by the Planning Director.

(§ I, Ord. 86-26, eff. August 21, 1986, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Sec. 10-6.5611. - (Repealed).

(§ I, Ord. 86-26, eff. August 21, 1986, as amended by § I, Ord. 97-13, eff. May 8, 1997, § V, Ord. 9810, eff. July 9, 1998, and § I, Ord. 01-08, eff. April 19, 2001)

Article 57. - Fault-Rupture Zone District (FRZ)

Sec. 10-6.5701. - FRZ Overlay District.

The regulations set forth in this article shall apply in the Fault-Rupture Zone Overlay District. The FRZ Overlay District, where applicable; shall affect all other Zoning Districts.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Sec. 10-6.5702. - Purpose.

The ordinance codified in this article is adopted pursuant to the Alquist-Priolo Special Studies Zones Act of 1972 which holds local governments responsible for implementation through the adoption of zoning laws, ordinances, rules and regulations of the various provisions of the Act. The Alquist-Priolo Act established Special Study Zones that encompass all potentially and recently active fault traces. The Act further regulates development near active faults so as to mitigate the hazard of surface fault-rupture.

Accordingly, it is declared:

(a)

That those regions of Siskiyou County delineated by the Official Maps of Special Studies Zones shall be known as Fault-Rupture Zones and be implemented through an Overlay Zoning District; and

(b)

That it is necessary in the interest of the public health, safety and general welfare, that development within these zones be prevented; and

(c)

That the prevention of such development should be accomplished, to the extent legally possible, by the exercise of the police power.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Sec. 10-6.5703. - Fault-Rupture Zones: Development limitations.

Except as otherwise provided in this article, all development projects within Fault-Rupture Zones will be regulated consistent with the provisions of the Alquist-Priolo Special Studies Zones Act and the policies of the State Mining and Geology Board.

Accordingly, it is declared:

(a)

That no structure for human occupancy, other than those defined in Section 10-6.5704 of this article, shall be permitted to be placed across the trace of an active fault or within fifty (50') feet of such faults as indicated by a Fault-Rupture Zone; and

(b)

That no change in use or character of occupancy which results in the conversion of a building or structure from one not used for human occupancy to one that is so used, shall be permitted unless the building or structure complies with the provisions of this article; and

(c)

Any application for a development permit within the Fault-Rupture Zone for any project, including any subdivision of land which is subject to the Subdivision Map Act which contemplates the eventual construction of structures for human occupancy, shall be accompanied by a geologic report prepared by a geologist registered in the State of California which is directed to the problem of potential surface fault displacements through the project site.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Sec. 10-6.5704. - Uses permitted.

The following uses do not constitute a "project" as defined by the Alquist-Priolo Act and as such are not subject to development limitations outlined in Section 10-6.5703:

(a)

Single-family wood frame dwellings to be built on parcels of land for which geologic reports have been approved pursuant to Section 10-6.5706 of this article;

(b)

A single-family wood frame dwelling not exceeding two stories when such dwelling is not part of a development of four or more such dwellings;

(c)

A mobilehome whose body width exceeds eight (8') feet shall be considered to be a single-family wood frame dwelling not exceeding two (2) stories;

(d)

This article shall not apply to alterations or additions to any structure within a Fault-Rupture Zone the value of which does not exceed fifty (50%) percent of the value of the structure.

(§ I, Ord. 93-31, eff. August 10, 1993)

Sec. 10-6.5705. - Nonconforming uses.

(a)

Regulations not retroactive. The regulations prescribed in this article do not apply to structures permitted prior to the adoption of the ordinance codified in this article; furthermore

(b)

The provisions of this article, and the provisions of the Alquist-Priolo Special Studies Zones Act do not apply to any development to a structure in existence prior to March 4, 1975.

(§ 1, Ord. 9331, eff. August 10, 1993)

Sec. 10-6.5706. - Geologic reports.

Geologic reports shall be based on a geologic investigation designed to identify the location, recency and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geologic or geotechnical reports. Accordingly, it is declared:

(a)

A geologist registered in the State of California, within or retained by the County, shall evaluate the geologic reports required herein and advise the County.

(b)

One (1) copy of all such geologic reports shall be filed with the State Geologist by the lead agency within thirty (30) days following the report's acceptance. The State Geologist shall place such reports on open file.

(c)

All such geologic reports shall be prepared by a geologist registered in the State of California and shall be reasonably consistent with the Guidelines for Geologic Reports, established by the State Mining and Geology Board.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Sec. 10-6.5707. - Waiver procedure.

Consistent with the regulations set forth in the Alquist-Priolo Act, if the County finds that no undue hazard of fault-rupture exists at the project site, the geologic report on such hazard may be waived with the approval of the State Geologist. The waiver form shall follow the format established by the State Geologist and shall be submitted to the State Geologist after it is completed by the County Geologist and the project

applicant, accompanied by supporting statements and data in writing that would justify approval of the waiver request.

(§ 1, Ord. 93-31, eff. August 10, 1993)

Article 58. - Sign Regulation

Sec. 10-6.5801. - Purpose and intent. ¶

The sign ordinance codified in this article is adopted in recognition of the fact that Siskiyou County is a rural and scenic county which is substantially dependant upon tourism and recreation as a result of the scenic beauty of its streams, rivers, mountains, valleys, vistas and views. The Siskiyou County Board of Supervisors finds that:

(a)

In order to preserve the rural and scenic beauty and the vistas and views of Siskiyou County and to provide for the safety of those traversing the county it is necessary to control and regulate signs in Siskiyou including their size, location, duration, maintenance and construction while still providing sufficient means of communication of both commercial and noncommercial messages.

(b)

Proliferation of signs and signs of large size interfere with traffic safety through distraction and obstruction so that traffic safety will be enhanced by limiting both the number and size of signs while still providing sufficient means of communication of both commercial and noncommercial messages.

(c)

The animation of signs and the inclusion of flashing lights and similar devices also interfere with the rural and scenic beauty and the vistas and views of Siskiyou County and with traffic safety through distraction and obstruction so that the rural and scenic beauty and the vistas and views of Siskiyou County and traffic safety therein will be enhanced by substantially prohibiting such signs.

(d)

That such control and regulation of signs is necessary to preserve and enhance the aesthetic, traffic safety and environmental values of the Siskiyou County community, to safeguard the life, health, property and public welfare of its residents and to promote tourism and recreation in the county for the economic benefit of its inhabitants.

(e)

Most signs in Siskiyou County are commercial in nature. Consequently, in order to preserve the scenic beauty of Siskiyou County, reduce interference with the view thereof, enhance traffic safety, preserve aesthetics and promote tourism and recreation in the county for the economic benefit of its inhabitants, commercial signs should be limited to on-site locations, except in limited, less scenic areas along major highways traversing Siskiyou County where the Board of Supervisors has determined to provide Highway

Commercial zoning districts and the information on such signs as well as the services available in such zones may be beneficial to travelers.

(f)

In order to preserve the scenic beauty of Siskiyou County, reduce interference with the view thereof, enhance traffic safety, preserve aesthetics and promote tourism and recreation in the county for the economic benefit of its inhabitants signs should not be permitted where their use would violate the Scenic Highways Element of the Siskiyou County General Plan, adopted February 11, 1975, and any amendment thereof.

(g)

(h)

In order to preserve the scenic beauty of Siskiyou County, reduce interference with the view thereof, enhance traffic safety, preserve aesthetics and promote tourism and recreation in the county for the economic benefit of its inhabitants the use of freestanding signs should be limited to only a few zoning districts, as hereinafter provided.

(i)

In order to preserve the rural nature of Siskiyou County and the importance of agriculture therein, special provisions are required regarding signs relating to locally grown agricultural products for the economic benefit of its inhabitants.

(j)

The special purpose of identification signs identifying residential property, nonresidential property, construction sites and real estate development sites warrants special provisions relating to such signs.

(k)

In order to preserve the scenic beauty of Siskiyou County, reduce interference with the view thereof, enhance traffic safety, preserve aesthetics and promote tourism and recreation in the county for the economic benefit of its inhabitants, the Board of Supervisors through its Planning Department needs to be aware of all but small identification signs to be able to report to the Board concerning the proliferation of signs and to control the installation of signs so as to prevent signs in conflict with the regulations hereinafter.

(l)

economic benefit of its inhabitants that the reasonable way to be kept aware of and to control the proliferation of signs is to require a permit for most signs.

It is the intent of this article to provide such control and regulation. All signs described herein shall conform to the applicable provisions of this article. No other signs shall be permitted in Siskiyou County, except where used on private property in a location not visible from any location on public property.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5802. - Signs with noncommercial messages.

Any sign regulated by the provisions of this article is allowed to contain noncommercial messages in lieu of any other type of message which may be provided for in the provisions of the Siskiyou County Code regulating such signs. Where a noncommercial message is used, any regulation which would limit any other type of message to onsite usage shall not apply to so limit such noncommercial message.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5803. - Definitions.

"Abandoned sign" means any sign that no longer advertises a business, lessee, owner, product, service, or activity on the premises where the sign is displayed.

"Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

"Animated" or "moving sign" means any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

Area of a Sign. See "Sign Area."

"Awning sign" means any sign copy or logo attached to or painted on an awning.

"Balloon," "inflatable signs," or "inflatable attention-getting devices" means any air- or gas-filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising, or attention-getting.

"Banner," "flag," or "pennant" means any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

"Bench sign" means copy painted on any portion of a bench.

"Billboard" shall refer to any freestanding or ground-mounted sign with a sign area greater than forty-eight (48) square feet. No billboard shall have a sign area in excess of 150 square feet. Once erected, the height of the billboard shall not exceed thirty (30) feet, as measured from the ground. A billboard may be doublefaced.

"Building complex" means a building or group of buildings on one or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities.

"Building face" means the outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall.

"Building/structure frontage" means that building elevation which fronts on a public street, public parking lot available to the general public, or pedestrian walk where customer access to a structure is available.

"Business frontage" means that portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage.

"Business identification sign" means a sign which serves to identify only the name, address, and use of the premises upon which it is located and provides no other advertisements or product identification.

"Cabinet sign (can sign)" means a sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

"Canopy sign" means any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face.

"Commercial speech" means any message, the prevailing thrust of which is to propose a commercial transaction.

"Commercial signage" means any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

"Contractor" or "construction sign" means a sign which states the name of the developer and contractors working on a site and any related engineering, architectural, or financial firms involved with the project.

"Directional sign" means an on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

"Directory sign" means a sign for listing the tenants and their suite numbers of a multiple-tenant structure or center.

"Double-faced sign" means a sign constructed to display its message on the outer surfaces of two (2) identical and/or opposite parallel planes.

"Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation.

"Edge of roof" means, on a pitched roof, the lowest portion of the fascia board covering the roof rafters or, if no fascia board exists, the lowest point of the roof rafters. On a flat roof, "edge of roof" means the top of the parapet wall.

"Flag" means a device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message.

"Flashing sign" means a sign that contains an intermittent or sequential flashing light source.

"Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, billboards and monument signs.

"Future tenant identification sign" means a temporary sign that identifies the names of future businesses that will occupy a site or structure.

"Garage sale sign" means a sign with a message advertising the resale of personal property that has been used by the resident.

"Ground-mounted sign" means a sign fixed in an upright position on the ground, not attached to any structure other than a framework, pole, or device erected primarily to support the sign. This includes monument signs and pole signs.

"Height of sign" means the vertical distance from the uppermost point (including all ornamentation and supports), of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

"Illegal sign" means any sign which does not comply with these regulations.

"Illuminated sign" means any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area.

"Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. A sign that also includes a commercial message is not considered incidental.

"Indirectly illuminated sign" means a sign whose light source is external to the sign and which casts its light onto the sign from some distance.

"Internally illuminated sign" means a sign whose light source is located in the interior of the sign so the rays go through the fact of the sign, or a light source which is attached to the face of the sign and is perceived as a design element of the sign.

"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.

"Lot frontage" means those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage.

"Marquee sign" means any sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from

the weather.

"Monument sign" means an independent, freestanding structure supported on the ground, having a solid base as opposed to being supported by poles or open braces.

"Multi-faced sign" means a sign with two (2) or more sign faces where any two (2) sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other.

"Noncommercial signage" means any signage which is not determined to be commercial signage, as defined herein.

"Noncommercial speech" means any message which is not determined to be commercial speech as defined herein:

"Nonconforming sign" means any advertising structure or sign which was lawfully erected and maintained prior to the adoption of these regulations, and is subject to these regulations but does not completely comply.

"Off-site commercial signage" means signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign.

Off Site Directional Sign. "Off-premise directional signs" are intended to provide identification for access to property that does not abut a public or private street and relies on an easement over adjacent property for access.

"Off-site sign" means any sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign.

"On-site commercial signage" means a sign advertising the business, accommodations, services, or commercial activities provided on the site on which the sign is located.

"Permanent sign" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

"Pole sign" means a sign wholly supported by one or more poles and otherwise separated from the ground by air.

"Political sign" means a sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

"Portable sign" means any sign that is designed to be transported, including but not limited to signs with wheels removed; with chassis or support constructed without wheels; designed to be transported by trailer or wheels; converted to an A- or T-frame signs; attached temporarily or permanently to the ground, structure, or other signs; and menu and sandwich boards.

"Project entrance sign" means an on-site sign used to identify the name of an apartment housing complex, mobile home park, condominium subdivision or other residential subdivision.

"Projecting sign" means a sign other than a wall sign suspended from, or supported by, a structure and projecting outward.

"Promotional sign" means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, the opening of a newly established business, service or organization (commercial or noncommercial), a special sale or to promote a special civic or other event sponsored by a public agency, school, church, civic organization, or other similar non-commercial organization.

Property Frontage. The "front" or "frontage" is that side of a parcel or development site abutting a public or private street.

"Public service sign" means a noncommercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units.

"Real estate sign" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

"Repair" means the renewal of any part of an existing sign for the purpose of its maintenance.

"Roof sign" means a sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

"Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following:

(a)

Flags and other insignia of any government not displaying a commercial message;

(b)

Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies;

(c)

Decorative or architectural features of buildings, except letters, trademarks or moving parts;

(d)

Holiday decorations and lights;

(e)

Government traffic-controlling devices are not considered signs for purposes of this article due to their distinct purpose.

"Sign area" means the entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or "V" type signs having any interior angle of more than fortyfive (45) degrees (multi-faced signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest-sized panel or face shall only be counted as the sign area.

"Sign copy" means any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter.

"Sign face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

"Sign structure" means any structure that supports or is capable of supporting any sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building.

"Site" means a lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage.

"Temporary sign" means any sign fabricated of paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed unchanged for a temporary period of time.

"Wall sign" means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

"Window sign" means any sign posted, painted, placed, or affixed in or on any window exposed to public view; or any interior sign which faces any window exposed to public view and is located within three (3) feet of the window.

(§ 3, Ord. O1-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

(Ord. No. 09-09, § 1, 5-5-2009)

Sec. 10-6.5804. - Signs prohibited.

Notwithstanding any other provision, no sign in Siskiyou County may exceed 150 square feet of sign area, except as specifically provided as follows:

Commercial and industrial signs located on commercially or industrial zoned parcels within 1,500 feet of interchanges along Interstate 5, as measured from the intersection of the interstate and highway off ramp, may exceed the maximum size allowed by Sections 10-6.5805 and 10-6.5811, subject to obtaining a permit, provided that the following findings are made:

The proposed sign is not within an area designated as a scenic freeway in the Siskiyou County General Plan; and,

The proposed sign would advertise highway traveler services, unique local tourist attractions, or businesses whose primary clientele are the motoring public; and,

3.

The proposed sign is not larger than 200 square feet; and,

4.

The proposed sign is designed by a Professional (California-certified) Engineer and does not pose a safety hazard; and,

5.

No existing sign will be obscured by the installation of the proposed sign.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

(Ord. No. 09-06, § I, 4-7-2009)

Sec. 10-6.5805. - Maximum size.

Notwithstanding any other provision, no sign in Siskiyou County may exceed thirty (30) feet in height of sign, except as specifically provided as follows:

Commercial and industrial signs located on commercially or industrial zoned parcels within 1,500 feet of interchanges along Interstate 5, as measured from the intersection of the interstate and highway off ramp, may exceed the maximum height allowed by Sections 10-6.5805 and 10-6.5811, subject to obtaining a permit, provided that the following findings are made:

1.

The proposed sign is not within an area designated as a scenic freeway in the Siskiyou County General Plan; and,

2.

The proposed sign would advertise highway traveler services, unique local tourist attractions, or businesses whose primary clientele are the motoring public; and,

3.

The requested height of the proposed sign is adequate to assure freeway visibility, and in no event higher than the height limits specified for dwellings as established in Siskiyou County Code section 10-6.5501; and,

4.

The proposed sign is designed by a professional (California-certified) engineer and does not pose a safety hazard; and,

No existing sign will be obscured by the installation of the proposed sign.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. O 1-12, eff. July 12, 2001)

(Ord. No. 09-06, § II, 4-7-2009)

Sec. 10-6.5806. - Maximum height.

Notwithstanding any other provision, no sign in Siskiyou County may exceed thirty (30) feet in height of sign.

Each sign may be double-faced;

(c)

Each face of each sign shall be no more than twenty (20) square feet in size;

(d)

If the message on the sign is commercial in nature, it must be limited to agricultural products grown on the premises;

(e)

Such signs may be a wall sign, a billboard sign, a cabinet sign, a pole sign, a freestanding sign, a groundmounted sign or a window sign. No other type of sign will be permitted.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5811. - Commercial and industrial signs.

There shall be permitted in any zoning district providing for commercial or industrial use, with a sign permit, the following signs:

(a)

If not mounted on a building, freestanding signs, ground-mounted signs, monument signs, pole signs, real estate signs and window signs, provided:

(1)

Such sign shall not exceed forty-eight (48) square feet in size;

(2)

If the message on the sign is commercial in nature, it must be limited to products sold or services provided on the premises. Off-site advertising commercial products or services will not be permitted. This limitation does not apply to noncommercial messages.

(3)

On-site commercial and industrial signs within fifteen hundred (1,500) feet of interchanges along Interstate 5, as measured from the intersection of the interstate and the highway off-ramp, may exceed the maximum sizes, allowed by Sections 10-6.5805 and 10-6.5811(a)(1) of this Article, and may exceed the maximum height, allowed by Section 10-6.5806 of this Article, subject to obtaining a permit, provided that the following findings can be made:

[a]

The proposed sign is not within an area designated as a scenic freeway in the Siskiyou County General Plan; and

[b]

The proposed sign would advertise highway traveler services, unique Siskiyou County tourist attractions, or businesses whose primary clientele are the motoring public; and

[c]

The proposed sign is designed by a Professional (California-certified) Engineer and does not pose a safety hazard, and

[d]

No existing sign will be obscured by the installation of the proposed sign.

(b)

Canopy signs and marquee signs, provided:

(1)

The message on the sign must be limited to the vertical face of the canopy or marquee;

(2)

(c)

Projecting signs, provided:

(1)

The maximum allowable display area shall be 100 feet;

(2)

The sign shall not project further than six (6) feet from the building wall supporting it;

(3)

The sign shall set back at least ten (10) feet from any property line;

(4)

The sign shall be at least ten (10) feet above any pedestrian walkway;

(5)

The sign shall be at least fifteen (15) feet above any driveway or other vehicle passage way;

(6)

(d)

Wall signs, provided:

(1)

A wall sign shall not exceed ten (10) percent of the square footage of the area of the wall the sign will be located on or 100 square feet, whichever is less;

(2)

(e)

Window signs, provided:

(1)

The size of the sign, when combined with any wall sign on the same wall containing the window, does not exceed the sizes provided for wall signs;

(2)

(f)

Promotional signs, provided:

(1)

Such signs may be pole signs, wall signs, window signs or freestanding signs;

(2)

Such sign shall not exceed thirty-two (32) square feet in size;

(3)

(4)

Such sign must be removed within thirty (30) days of its posting or erection;

(5)

There shall be no more than one such sign per street frontage.

(g)

Portable signs, provided:

(1)

Such signs shall not exceed nine (9) square feet in area size;

(2)

(§ 3, Ord. O1-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

(Ord. No. 09-07, § I, 4-7-2009)

Sec. 10-6.5812. - Temporary signs.

There shall be permitted in all zoning districts, without a sign permit, temporary signs, provided:

(a)

Temporary signs include political signs, real estate signs, garage sale signs, yard sale signs and signs of a similar nature.

(b)

Such signs may be pole signs, wall signs, window signs or freestanding signs.

(c)

Such sign shall not exceed nine (9) square feet in size, except that a political sign shall not exceed thirtytwo (32) square feet in size.

(d)

If the message on the sign is commercial in nature there shall be no more than one such sign per street frontage.

(e)

If the message on the sign is commercial in nature, it must be limited to products sold or services provided on the premises. Off-site advertizing commercial products or services will not be permitted. This limitation does not apply to noncommercial messages.

(f)

Such signs shall be removed within fifteen (15) days after the sale, election or other event, which is the subject of the sign, has occurred.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001 and § I, Ord. 06-10, eff. October 19, 2006)

Sec. 10-6.5813. - Billboards. ¶

There shall be permitted in the C-R, C-U, C-H, M-L, M-M, and M-H zoning districts, with a sign permit, billboards, provided:

(a)

A billboard shall not encroach into any yard setbacks applicable to the property upon which it is located;

(b)

Except as noted below, if the message on the sign is commercial in nature, it must be limited to products sold or services provided on the premises. Off-site advertising commercial products or services will not be permitted;

(c)

The limitation contained in subsection (b) of this section does not apply to non-commercial messages;

(d)

The Board of Supervisors of the County of Siskiyou having found a reasonable basis justifying differentiating between districts, the limitation contained in subsection (b) of this section does not apply to such signs if located in C-H district regardless of the nature of the message. This is the only district in which off-site commercial advertising of products and services will be permitted.

(e)

There shall be no more than one billboard on any lot.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

(Ord. No. 09-09, § II, 5-5-2009)

Sec. 10-6.5814. - Permanent real estate development signs.

There shall be permitted in any zoning districts in which a real estate development is located, which has been approved by the Planning Department, with a sign permit, real estate development signs for the purpose of identifying such development, provided:

(a)

Such sign shall be properly maintained;

(b)

The size and location of such signs shall be subject to the discretion of the Planning Department based upon the character, type and purpose of the development.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5815. - Temporary construction and real estate development signs.

There shall be permitted in any zoning districts in which an approved construction project or a real estate development is located, with a sign permit, temporary construction or real estate development signs for the purpose of identifying such construction project or development, including the name of the developer and contractors working on the site, including any related engineering, architectural or financial firms involved with the project or development, during the period of development, provided:

(a)

Such sign shall be properly maintained;

(b)

Such sign shall not exceed thirty-two (32) square feet in size;

(c)

There shall be no more than two (2) such signs upon the property being developed or the project is being constructed upon;

(d)

Any sign permit issued for such signs shall be valid for only two (2) years. A subsequent two (2) year sign permit may be issued if the project or development has not been completed and, in the discretion of the Planning Department it determines that the project or development is continuing and will be completed;

(e)

Such signs shall be removed upon the expiration of all valid sign permits.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5816. - Signs on public property.

Nothing in this article authorizes the placement of signs on public property. Signs may be placed on public property only as provided in this section.

(a)

Temporary signs shall be permitted, without a sign permit, provided:

(1)

Such sign is placed only on lamp posts and utility poles,

(2)

Such sign has a height of no more than eleven (11) inches and a length no longer than the circumference of the post or pole,

(3)

The message on the sign shall not be commercial in nature,

(4)

There shall be no more than one sign on each such post or pole,

(5)

All such signs shall be removed within fifteen (15) days after the election or other event, which is the subject of the sign, has occurred;

(b)

Signs as provided in this article provided that such signs are owned by the County of Siskiyou and installed by the County of Siskiyou or its agents;

(c)

Legal and official notices required by a court or governmental agency.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. O1-12, eff. July 12, 2001)

Sec. 10-6.5817. - Signs cumulative.

All signs permitted in any district are cumulative of any other signs permitted in the same district.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5818. - Sign permits.

In each case where a sign permit is required it shall be obtained as follows:

(a)

An application shall be filed with the Planning Department of the County of Siskiyou upon a form provided by the Planning Department and accompanied by such fee as may be provided therefor by the Board of Supervisors.

(b)

In addition to the information requested on the application form, the application shall be accompanied by a description of the proposed sign, a drawing (with dimensions) of the proposed sign, photographs of the property where the sign is proposed to be installed, a location sketch and a plot plan of the property where the sign will be placed.

(c)

The application shall be signed by the applicant and, if different, by the property owner of the property upon which the sign is proposed to be installed.

(d)

The application shall be acted upon by the Planning Director of the County of Siskiyou within ten (10) days of the filing of a complete application, either by the issuance of the sign permit or by issuance of a notice of the denial of the sign permit.

(e)

If the Planning Director determines that a sign permit application is incomplete, so that it cannot be acted upon, a notice of such incompleteness, specifying wherein it is incomplete, shall be issued within ten (10) days of its filing.

(f)

The Planning Director shall issue the sign permit if the application shows that the proposed sign complies with the provisions of the law governing such a sign at the proposed location. Content of the message to be on the proposed sign shall not be considered by the Planning Director in determining whether the proposed sign complies with the provisions of the law governing such a sign and the proposed location, except where commercial messages are prohibited or are required to be on-site.

(g)

Issuance of a sign permit by the Planning Director does not constitute approval for such sign by any other governmental agency having jurisdiction.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5819. - Appeal of sign permit decisions to Planning Commission.

Any action or omission to act as required of the Planning Director upon a sign permit application may be appealed to the Planning Commission as follows:

(a)

The appeal shall be in writing and filed with the Secretary of the Planning Commission accompanied by such fee as may be provided therefor by the Board of Supervisors.

(b)

The Planning Commission shall hear and act upon the appeal at its next regular meeting at which it can be heard.

(c)

The next regular meeting at which the appeal can be heard means the next regular meeting at which such hearing can, with reasonable diligence, be included in the agenda required by law to be posted for such meeting, under the laws of the State of California.

(d)

The Planning Commission shall act upon appeal either by directing the issuance of the sign permit or by denial of the appeal.

(e)

If the Planning Commission shall act by directing the issuance of the sign permit, the Planning Director shall do so forthwith.

(§ 3, Ord. 0108, eff. April 19, 2001, as amended by § 1, Ord. 0112, eff. July 12, 2001)

Sec. 10-6.5820. - Appeal of Planning Commission action to Board of Supervisors.

Any action or omission to act as required of the Planning Commission upon a sign permit application may be appealed to the Board of Supervisors as follows:

(a)

The appeal shall be in writing and filed with the Secretary of the Board of Supervisors accompanied by such fee as may be provided therefor by the Board of Supervisors.

(b)

The Board of Supervisors shall hear and act upon the appeal at its next regular meeting at which it can be heard.

(c)

(d)

The Board of Supervisors shall act upon appeal either by directing the issuance of the sign permit or by denial of the appeal.

(e)

If the Board of Supervisors shall act by directing the issuance of the sign permit, the Planning Director shall do so forthwith.

(§ 3, Ord. O1-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5821. - Judicial review.

Any action or omission to act as required of the Board of Supervisors upon a sign permit is eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil Procedure of the State of California.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5822. - Duration of permit. ¶

Any sign permit issued by the Planning Director, shall terminate automatically if the sign permitted is not installed within two (2) years of the issuance of the permit. If at any time after the sign permitted by a sign permit is installed the property upon which the sign is permitted is not used for such a sign for a period of one year, the sign permit shall terminate automatically. If at any time after the sign permitted by a sign permit is installed on the property upon which the sign is permitted the sign becomes an abandoned sign for a period of one year the sign permit shall terminate automatically.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5823. - Sign illumination. ¶

Any sign permitted under the Siskiyou County Code may be illuminated provided that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

Sec. 10-6.5824. - Sign animation.

Signs in Siskiyou County shall not be animated or moving and shall not be flashing or otherwise contain flashing lights or similar devices. Excepted from this are signs which display time and temperature.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. O 1-12, eff. July 12, 2001)

Sec. 10-6.5825. - Other laws.

All signs shall be located so as not to encroach into any yard setbacks applicable to the property upon which it is located. All signs shall be constructed in compliance with the Building Regulations of the County of Siskiyou contained in Title 9 of the Siskiyou County Code.

(§ 3, Ord. 01-08, eff. April 19, 2001, as amended by § 1, Ord. 01-12, eff. July 12, 2001)

ARTICLE 59. - DENSITY BONUS AND OTHER DEVELOPER INCENTIVES

Sec. 10-6.5901. - Purpose and intent.

This density bonus article is intended to provide incentives for the production of housing for very low, lower income, or senior households and the development of child care facilities. In enacting this article, it is the intent of the County to facilitate the development of affordable housing and to implement the goals, policies, and programs of the County's housing element.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5902. - Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

(a)

"Affordable housing agreement" means a legally binding agreement between a developer and the County to ensure that the requirements of this article are satisfied. The agreement, among other things, shall establish: the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.

(b)

"Additional incentives" means such regulatory concessions as specified in California Government Code Subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive that would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.

(c)

"Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for affordable units reserved for rent by very low-, low-, and moderate-income persons and families.

(d)

"Affordable sales price" means a sales price at which very low-, low- and moderate-income persons and families can qualify for the purchase of affordable units, calculated on the basis of underwriting standards of mortgage financing available for the development.

(e)

"Affordable unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, and moderate-income persons and families.

(f)

"Density bonus" means a discretionary approval of up to twenty-five (25%) percent more residential units for a proposed residential project based on meeting the criteria of Government Code § 65915.

(g)

"Density bonus units" means those residential units granted pursuant to the provisions of this article which exceed the otherwise maximum residential density for the development site.

(h)

"Equivalent financial incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

(1)

A density bonus and an additional incentive(s); or

(2)

A density bonus, where an additional incentive(s) is not requested or is determined to be unnecessary.

(i)

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale affordable units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

(j)

"Housing development" means construction projects consisting of five (5) or more residential units, including single-family, multifamily, and mobile homes for sale or rent, pursuant to this article.

(k)

"Low-income" means less than eighty (80%) percent of the area median income as defined by Section 50079.5 of the California Health and Safety Code.

(l)

"Low-income unit" means a unit with an affordable rent or payment that does not exceed thirty-five (35%) percent of eighty (80%) percent of area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(m)

"Lower income household" means households whose income does not exceed the lower income limits applicable to Siskiyou County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(n)

"Market-rate unit" means a dwelling unit where the rent or sales price is not restricted either by this article or by requirements imposed through other local, state, or federal affordable housing programs.

(o)

"Maximum residential density" means the maximum number of residential units permitted by the general plan and zoning ordinance at the time of application, excluding the provisions of this article. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone.

(p)

"Moderate-income" means less than one hundred twenty (120%) percent of the area median income as defined in Section 50093 of the California Health and Safety Code.

(q)

"Moderate-income unit" means a unit with an affordable housing cost that does not exceed thirty-five (35%) percent of one hundred twenty (120%) percent of area median income adjusted for family size appropriate for the unit as established by the State Department of Housing and Community Development.

(r)

"Qualifying resident" means senior citizens or other persons eligible to reside in senior citizen housing.

(s)

"Senior citizen housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3.1.

(t)

"Very low-income" means less than fifty (50%) percent of the area median income as defined in Section 50105 of the California Health and Safety Code.

(u)

"Very low-income unit" means a unit with an affordable rent or payment that does not exceed thirty (50%) percent of fifty (50%) percent of the area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5903. - Eligibility for density bonus and other incentives.

The County shall either grant a density bonus and concessions or incentives as set forth in Section 106.5904 or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least any one of the following:

(a)

Ten (10%) percent of the total units of a housing development for lower income households;

(b)

Five (5%) percent of the total units of a housing development for very low income households;

(c)

A senior citizen housing development;

(d)

Ten (10%) percent of the total dwelling units in a condominium project as defined in subdivision (f), or in a planned development as defined in subdivision (k) of Section 1351 of the Civil Code, for persons and families of moderate income provided that all units in the development are offered to the public for purchase.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5904. - Types of density bonus and other incentives allowed.

(a)

Project-Specific Density Bonus. A housing development that satisfies all applicable provisions of this article shall be entitled to the following density bonus:

(1)

For developments providing lower income target units, a twenty (20%) percent base density bonus plus a one and one-half (1.5%) percent supplemental increase over that base for every one percent increase in low income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(2)

For developments providing very low income target units, a twenty (20%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one percent increase in very low income units above five (5%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(3)

For senior developments, a twenty-five (25%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one percent increase in senior units. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

(4)

For condominium/planned developments providing moderate income target units a five (5%) percent base density bonus plus a one percent increase in moderate income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent.

(b)

Number of Other Incentives or Concessions. In addition to the eligible density bonus percentage described above, an applicant may request incentives or concessions in connection with its application for a density bonus:

(1)

One incentive or concession for housing developments that include at least ten (10%) percent of the total units for lower income households, at least five (5%) percent for very low income households, or at least

Upon request by the applicant, the County shall not require that a housing development that meets the requirements of Section 10-6.5903 provide a vehicular parking ratio, inclusive of handicapped and guest

parking, that exceeds the following:

(i)

Zero (0) to one bedrooms: one on-site parking space;

(ii)

Two (2) to three (3) bedrooms: two (2) on-site parking spaces;

(iii)

Four (4) and more bedrooms: two and one-half (2.5) parking spaces.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

(5)

The County shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of Section 10-6.5903 at the densities or with the incentives permitted by this article. An applicant may submit to the County a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the County to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5905. - Location of bonus units. ¶

As required by State law (Section 65915(j) of the California Government Code), the location of density bonus units within the housing development may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5906. - Continued availability. ¶

(a)

If a housing development providing lower or very low income target units receives only a density bonus, the target units must remain restricted to lower or very low income households for a minimum of thirty (30) years from the date of issuance of the certificate of occupancy.

(b)

If a housing development providing lower or very low income target units receives both a density bonus and an additional incentive, the target units must remain restricted to lower or very low income households for a minimum of fifty (50) years from the date of issuance of the certificate of occupancy.

(c)

In the case of a housing development providing moderate income target units, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, which shall be used within three (3) years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. The County's proportionate share shall be equal to the percentage by which the initial sale price of the moderate income household was less than the fair market value of the home at the time of the initial sale.

(Ord. No. 13-11, § I, 8-6-2013)

Sec. 10-6.5907. - Process and conditions of approval.

The density bonus request shall be considered by the Board of Supervisors along with the required density bonus agreement after the designated approving authority approves any necessary permits. The form and content of the density bonus agreement shall be determined by the County.

(Ord. No. 13-11, § I, 8-6-2013)

Article 60. - Hemp Combining District (H)

Sec. 10-6.6001. - Hemp Combining District (H). ¶

The regulations set forth in this article shall apply in the Hemp Combining District (H). The H District shall be combined with all prime agricultural (AG-1) and non-prime agricultural (AG-2) zoned properties forty (40) acres or larger within the boundaries of the Scott Valley Area Plan. All existing zoning designations, including any other combining districts, shall remain and the Hemp Combining District shall be added onto the existing zoning designation. All of the requirements of the district with which the H-District is combined shall remain in full force and effect.

Properties within the Scott Valley are subject to substantial and intensive air inversion layers not experienced elsewhere in Siskiyou County. The purposes of the regulations set forth in this article are to provide for the protection of the public health, safety, and welfare by adding additional land use and zoning regulations further restricting hemp cultivation.

(Ord. No. 20-10, § I, 5-19-2020)

Sec. 10-6.6002. - Applicability.

The Hemp Combining District (H) applies to all prime agricultural (AG-1) and non-prime agricultural (AG-2) zoned properties forty (40) acres or larger within the boundaries of the Scott Valley Area Plan, including, but not limited to, the following communities and geographic areas of the county:

A.

Areas surrounding the Town of Fort Jones.

B.

Areas surrounding the City of Etna.

C.

Greenview.

D.

Callahan.

(Ord. No. 20-10, § I, 5-19-2020)

Sec. 10-6.6003. - Priority.

If there is any conflict between the requirements of this article and those of the underlying zoning district, the requirements of this article shall govern.

(Ord. No. 20-10, § I, 5-19-2020)

Sec. 10-6.6004. - Hemp cultivation requirements.

The following standards shall apply to the cultivation of industrial hemp for commercial and research purposes.

A.

The cultivation of industrial hemp is permitted in the Hemp Combining District (H), subject to an eighty-acre minimum parcel size. Cultivation of industrial hemp is prohibited in all other zoning districts.

B.

The cultivation of industrial hemp is required to comply with Chapter 16, Industrial Hemp Cultivation. If there is any conflict between this article and the requirements of Chapter 16, the requirements of this article shall govern.

(Ord. No. 20-10, § I, 5-19-2020)

Sec. 10-6.6005. - Uses permitted.

Any land use normally permitted in the primary zoning district by this Chapter (Zoning) may be allowed within the Hemp Combining District subject to all applicable requirements of the primary zoning district,

and all other applicable provisions of the Siskiyou County Code.

(Ord. No. 20-10, § I, 5-19-2020)

Sec. 10-6.6006. - Conditional uses permitted. ¶

Any land use conditionally allowed in the primary zoning district by this Chapter (Zoning) may be conditionally permitted within the Hemp Combining District subject to all applicable requirements of the primary zoning district, and all other applicable provisions of the Siskiyou County Code.

(Ord. No. 20-10, § I, 5-19-2020)

Article 61. - Vacation Rentals

Sec. 10-6.6101. - Purpose. ¶

The purpose of this Article is to regulate the use of vacation rentals within the unincorporated areas of the County. The regulations are intended to minimize the potential adverse secondary effects of vacation rentals on surrounding neighborhoods, to prevent the increase and over-concentration of transient and commercial uses in residential neighborhoods and zoning districts, to impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the general plan, local regulations, and other policies, and to ensure neighborhood compatibility with the vacation rental use.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6102. - Definitions.

A.

Vacation Rental: A single- or two-family dwelling which is rented for periods of not more than twenty-nine (29) consecutive days to transient occupants. Where two (2) or more single or two-family dwellings legally exist on a single parcel, only one dwelling unit may be considered a short-term rental subject to the provisions of Article 61.

B.

Property owner: The person or business who is the property owner of record upon the County Tax Assessor's records.

C.

Vacation Rental Activity Permit ("VR Activity Permit"): A permit issued by the County under the authority of this Article which permit authorizes a property owner to operate a vacation rental for a period of twentynine (29) consecutive days or less.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10.6.6103. - Operation of a Vacation Rental without a Permit.

It is unlawful for any person, including any property owner, to establish, advertise or operate a vacation rental in the unincorporated area of the County without first obtaining a VR Activity Permit. The possession of other types of State or County licenses or permits shall not exempt the person from obtaining a VR Activity Permit under this article.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10.6.6104. - Vacation Rental Regulations. ¶

A property that is proposed to be the site of a vacation rental for which an Activity Permit is to be issued must meet the following conditions and standards:

A.

The property is located in one of the following zoning districts: Res-1, Res-2, Res-3, Res-4, C-R, C-U, C-C, C-H, R-R, AG-1, or AG-2.

B.

If the property is located in the areas of McCloud, Dunsmuir/Mount Shasta or Weed/Lake Shastina, as those areas are as shown on the map entitled "Vacation Rental Areas", which is attached to this Article as Exhibit A, and as such map is on file with the Planning Department by geographic information system ("GIS"), the property shall be at least two and one-half (2.5) acres in size.

C.

If the property is located in either the area of Dunsmuir/Mount Shasta or Weed/Lake Shastina, as those areas are as shown on the map entitled "Vacation Rental Areas" which is attached to this Article as Exhibit A, and as such map is on file with the Planning Department by geographic information system ("GIS"), that less than five percent (5%) of the total available properties in those respective areas have a current VR Activity Permit.

D.

The vacation rental structure shall be a structure described in Section 10-6.6102 and shall not be any of the following: an Accessory Dwelling Unit (ADU), a shipping container, an outdoor area (including tipis (teepees), yurts, and treehouses), a van or recreational vehicle, or any other structure that is unpermitted for human habitation.

E.

The occupancy allowance of the vacation rental shall:

(1)

Meet the Uniform Housing Code; and

(2)

Meet the existing State and local water and sewage disposal regulations, including testing of the water supply as required, if provided by a private water source.

F.

The maximum occupancy of the vacation rental is limited to two (2) occupants per bedroom plus a total of two (2) additional occupants. The maximum occupancy shall not exceed the capacity of the septic system, but in no instance shall the occupancy exceed ten (10) persons.

G.

The property has an off-street parking space plus an additional off-street parking space for each bedroom.

H.

Smoke and carbon monoxide detectors are installed upon the property in accordance with current building codes.

I.

Prior to the issuance of a VR Activity permit, an inspection of the proposed vacation rental shall be required by both the Building Division and Environmental Health Division to determine if the facility complies with the standards specified herein. Proof of compliance is required prior to issuance of the VR Activity Permit.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10.6.6105. - Application Process.

Applications for a VR Activity Permit may be obtained from the Siskiyou County Community Development Department. An application for a VR Activity Permit must be made by the property owner who does not presently possess any other VR Activity Permit. Applications for a VR Activity Permit shall be submitted to the Planning Department and meet the following requirements:

A.

The application shall include a site plan for the property, a diagram of the vacation rental structure itself, and specifically annotated dimensions of each bedroom.

B.

The application shall indicate the property is not identified for any current building or zoning violation.

C.

The applicant shall indicate the proposed vacation rental complies with all the requirements set forth in Section 10-6.6104. Verification of compliance with such requirements shall be the responsibility of the applicant, who shall certify in writing, under penalty of perjury, the rental unit's conformance to such standards.

D.

The applicant shall identify:

(1)

Which dwelling upon the property is to operate as a vacation rental if there is more than one such dwelling;

(2)

That the dwelling is a single or two-family dwelling unit; and

(3)

That there is no VR Activity Permit upon the property for any other dwelling.

E.

The full name and contact information for all property owners. If the owner is a business entity or any form of legal entity, information regarding the entity, including but not limited to, a list of owners including shareholders or persons with ownership interest in the entity, its legal status, and proof of registration with the Secretary of State, as applicable.

F.

Contact information for any management company or property manager responsible for the rental unit who will be available on a twenty-four-hour basis to address any problems that may be associated with the property. A duly licensed management company or property manager shall be required. A property manager or company that is duly licensed shall maintain a California real estate license and certified property manager credentials. The owner shall immediately notify the Community Development Department of any changes to management contact information.

G.

The applicant shall provide proof that CalFire has completed inspections of the property, and the property is compliant with the requirements of Public Resources Code Sections 4290 and 4291.

H.

A statement that the operation of a vacation rental is not prohibited by a restrictive covenant.

I.

The applicant shall pay all required fees in full.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6106. - Review of Applications. ¶

A.

Applications for a VR Activity Permit shall be reviewed and processed for approval by the Planning Division. If the Planning Director (Director) or any other department having regulatory or enforcement authority,

determines at any time during this review and processing period that additional information or materials are required, then they shall send notice of the required/missing items or information and the property owner must provide the requested items or information before processing resumes. If any application is inactive for six (6) months, it shall be deemed expired, and the applicant will have to re-apply should they want to establish a vacation rental.

B.

Except as otherwise provided in this section, an application for a VR Activity Permit that meets the requirements of this Article will be approved ministerially by the Planning Director, unless any of the following grounds exist:

1.

The vacation rental application is incomplete.

2.

The applicant has knowingly made a false statement of material fact, or has knowingly omitted a material fact, from the application.

3.

The applicant has not paid all the required fees.

4.

The applicant is delinquent in payment of County taxes.

5.

The vacation rental does not meet the requirements specified in Section 10-6.6104.

6.

The property received fifty percent (50%) or more protest letters (i.e., letters of opposition) as such letters are described in Section 10-6.6107, in which case the application shall be subject to hearing as described in this Article.

7.

A previous VR Activity Permit issued under this article involving the same owner has been revoked by the county within the two (2) years preceding the date of the application and all opportunities for appeal of that determination have been exhausted or the time in which such appeals could have been filed has expired.

8.

The owner has been determined, by an administrative hearing body or a court of competent jurisdiction, to have engaged in short term rentals in violation of state or local law within the two (2) years preceding the

date of the application and all opportunities for appeal of that determination have been exhausted or the time in which such appeals could have been filed has expired.

C.

An application for a VR Activity Permit that is denied may be appealed within ten (10) days of the denial by filing a notice of appeal with the Planning Director. Thereafter, the Planning Director shall proceed to set the matter on the next regular meeting of the Planning Commission for the setting of an appeal hearing.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6107. - Notice to Neighboring Properties.

Once an application is deemed complete, the Planning Division will send notice to the surrounding property owners of record within three hundred (300) feet of the proposed vacation rental. A property owner will have thirty (30) days from the date of the notice to submit to the Planning Department a letter opposing the issuance of the proposed VR Activity Permit.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6108. - Hearing Before the Planning Commission.

A.

Where the Planning Director has received letters of opposition from at least fifty percent (50%) of the surrounding properties that were provided the notice described in Section 10-6.6107, but the VR Activity Permit application otherwise meets all requirements of this Article, the Planning Director shall place the matter on the agenda for the Planning Commission for setting of hearing on the proposed application.

B.

Upon hearing of the VR Activity Permit application, the Planning Commission shall grant the application if it finds that the proposed vacation rental otherwise meets the requirements of this Article and additionally finds that the issuance of a VR Activity Permit will not:

1.

Adversely affect the orderly development of property within the County.

2.

Adversely affect the preservation of property values and the protection of the tax base within the county.

3.

Adversely affect the policy and goals as set by the general plan.

4.

Create a nuisance within the local neighborhood or community.

C.

The Planning Commission may impose conditions beyond those set forth in Section 10-6.6109 to address in approving a VR Activity Permit application. Upon issuance of a VR Activity Permit that has been approved by the Planning Commission, the term of the permit will be as established under Section 106.6111.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6109. - Issuance and Conditions of Permit.

A.

When the application is tentatively approved, either by the Planning Department or the Planning Commission, the applicant shall obtain a business license and transient occupancy tax certificate before issuance of the VR Activity Permit.

B.

Upon issuance of a VR Activity Permit, the permit shall contain the following conditions, violation of which can constitute grounds for revocation:

1.

The permittee shall operate the vacation rental in compliance with all required permits, licenses, and regulations.

2.

The permittee shall pay and stay current with all required inspection fees, permits and taxes.

3.

The permittee shall have a professional property management firm located in Siskiyou County, and such individual or firm shall be available on a twenty-four-hour basis.

4.

Upon any transfer of ownership of the property where the permittee does not remain on title, the permit shall terminate automatically upon transfer.

5.

The maximum rental period for each occupancy shall be twenty-nine (29) consecutive days.

6.

Pools, spas, saunas, and shared laundry facilities, if provided, are considered to be public facilities and shall be subject to Health and Building Department review and inspection for compliance with State and local regulations for public pools and laundries.

One non-illuminated sign indicating the property is a vacation rental, not in excess of two (2) square feet in area, shall be permitted.

8.

With the exception of trash properly deposited in trash collection receptacles, accumulation of trash and debris outside of a vacation rental at any time is prohibited. Weekly trash collection must be provided for each vacation rental. Each rental must provide a minimum of one bear-proof trash receptacle.

9.

The permittee shall include and reference their VR Activity permit number on any written advertisement for the vacation rental, including online advertisements.

10.

The following notices shall be prominently available next to the front door within the subject vacation rental at all times that the property is being used as a vacation rental and shall conform in communicating the required information:

a)

The complete VR Activity Permit that was approved and issued by the Siskiyou County Planning Division for the subject vacation rental; and

b)

A notice that details the following information, including, but not limited to:

i.

Parking restrictions.

ii.

Prohibition of all outdoor burning.

iii.

Prohibition of the use of firearms or fireworks upon the property at any time by the vacation renter.

iv.

Emergency contact information, including the Siskiyou County Public Health Department, the twenty-fourhour contact information for the property manager and plumber in the event of an emergency.

v.

A list of unacceptable items for disposal in the septic system such as diapers, feminine napkins, paper towels, etc.

vi.

Emergency exits and emergency escape diagram.

vii.

Refuse collection regulations and collection times.

viii.

Restrictions on loud noise (i.e., music, parties) after 10:00 P.M.

ix.

A site diagram showing the water shutoff valve location, location of the shutoff tool(s), if any, and a narrative of how to shut off these valves if necessary.

11.

The applicant shall provide, prominently locate, and properly maintain at least one fire extinguisher per floor level in the vacation rental.

12.

Outdoor amplified sound shall not be allowed at any time associated with a vacation rental.

13.

At any time while the property is in use as a vacation rental, the use of firearms or fireworks upon the property by the vacation renter(s) is prohibited.

14.

All outdoor burning is prohibited. Cooking fires contained within an enclosed grill, smoker, or similar device are exempt from the prohibition.

15.

The permittee shall allow for County inspection of the vacation rental upon forty-eight-hours' notice of the proposed inspection.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6110. - Remedies. ¶

The Planning Director may revoke a VR Activity Permit by issuing a written notice of revocation, stating the reasons therefor, and serving the notice upon the permittee by both certified mail (return receipt requested). and first-class mail. The revocation shall become effective fifteen (15) days after the date the revocation

was mailed unless the permittee files an appeal with the Planning Director within that fifteen-day period. If an appeal is filed, the Planning Director shall place the appeal on the calendar of the Planning Commission for scheduling of a hearing. The revocation shall not become effective until the appeal is decided by the Planning Commission. Nothing shall preclude an immediate suspension of the permit, pending hearing, if the public health and safety are threatened.

The County may additionally seek compliance with this Article by any remedy allowed under this Code, including, but not limited to, imposition of administrative fines, civil actions, and any other remedy allowed by law.

(Ord. No. 24-04, § I, 3-19-2024)

Sec. 10-6.6111. - Term and renewal of permits.

A.

VR Activity Permit issued under this Article is a three-year permit and shall expire on December 31st of the third year from the date of issuance.

B.

A permittee shall submit an application for renewal of a VR Activity Permit, including any required renewal fee, at least two (2) months before the VR Activity Permit's expiration date. The timely receipt of an application and fee will renew the VR Activity Permit for another three (3) years with no further review process so long as there are no pending code violations upon the property. If a VR Activity Permit has expired, then an application must be submitted for a new VR Activity Permit and undergo the review process described in Section 10-6.6105.

C.

Any conditional use permit issued prior to the effective date of this ordinance shall remain subject to the terms and conditions of that permit and is not subject to the renewal requirements of this section.

(Ord. No. 24-04, § I, 3-19-2024)

CHAPTER 7. - REMOVAL OF OVERHEAD UTILITY FACILITIES AND UNDERGROUND INSTALLATIONS

Sec. 10-7.01. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Commission" shall mean the Public Utilities Commission of the State.

(b)

"Underground Utility District" or "District" shall mean that area in the County within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted

pursuant to the provisions of Section 10-7.03 of this chapter.

(c)

"Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

(d)

"Poles, overhead wires, and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a District and used or useful in supplying electric, communication, or similar or associated services.

(e)

"Utility" shall mean and include all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.02. - Public hearings by Planning Commission.

The Planning Commission may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the County and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. The Planning Director shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. Within not to exceed thirty (30) days following such hearing, the Planning Commission shall, by resolution, recite in full such findings upon which it bases its approval or disapproval of the creation of said District.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.02.1. - Action by the Board.

Any action of the Planning Commission may be appealed in writing to the Board within ten (10) days after the action of the Planning Commission. The Board may approve or disapprove the recommendation of the Planning Commission, or refer it back to the Planning Commission for further consideration, the result of which shall be submitted to the Board within ten (10) days after the next regular meeting of the Planning Commission.

(§ I, Ord. 602, eff. August 9, 1973, as amended by § I, Ord. 606, eff. October 25, 1973)

Sec. 10-7.03. - Planning Commission may designate Underground Utility Districts by resolution.

If, after consideration, the Planning Commission finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Planning Commission shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such District and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ I, Ord. 602, eff. August 9, 1973, as amended by § I, Ord. 606, eff. October 25, 1973)

Sec. 10-7.04. - Unlawful acts.

Whenever the Planning Commission creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as set forth in Section 10-7.03 of this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the District after the date when such overhead facilities are required by resolution to be removed, except as such overhead facilities may be required to furnish services to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility services, as set forth in Section 10-7.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.05. - Exceptions: Emergencies or unusual circumstances.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without the authority of the Planning Commission in order to provide emergency services. The Planning Director may grant special permission, on such terms as the Planning Director may deem appropriate, in cases of unusual circumstances without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires, and associated overhead structures.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.06. - Other exceptions.

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(a)

Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Planning Department;

(b)

Poles or electroliers used exclusively for street lighting;

(c)

Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited;

(d)

Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(e)

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(f)

Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services;

(g)

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts; and

(h)

Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.07. - Notices to property owners and utility companies.

(a)

Within ten (10) days after the effective date of a resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Department shall notify all affected utilities and all persons owning real property within the District created of the adoption of the resolution. The Planning Department shall further notify such affected property owners of the necessity that, if they, or any person occupying such property, desire to continue to receive electric, communication, or similar or associated services, they, or such occupant, shall provide all the necessary facility changes on their premises so as to receive such services

from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission.

Such notification by the Planning Director shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and the affected utilities.

(b)

A second notice shall also be mailed to property owners affected by the resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter within two (2) to four (4) months prior to the date established in such resolution by which affected property owners shall be ready to receive underground service. Such notice shall make reference to the provisions of this chapter, the resolution, the date fixed, and the minimum requirements of work to be performed on the property served. The affected utilities shall jointly provide the County with a statement showing such minimum requirements.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.08. - Responsibility of utility companies.

If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Commission.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.09. - Responsibility of property owners.

(a)

(b)

In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Director shall post a written notice on the property being served and thirty (30) days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility services to such property.

(c)

Every person owning, operating, leasing, occupying, or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 10-7.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after the receipt of such notice.

(d)

The notice to provide the required underground facilities may be given either by personal service or by mail. In the case of service by mail on either of such persons, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice shall be addressed to such owner thereof as such owner's name appears, and shall be addressed to such owner's last known address as the same appears on the last equalized assessment roll and, when no address appears, to General Delivery, City of _____________. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Planning Director shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8″) inches by ten (10″) inches in size, to be posted in a conspicuous place on such premises.

(e)

The notice given by the Planning Director to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if such work is not completed within thirty (30) days after the receipt of such notice, the Planning Director will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(f)

If, upon the expiration of the thirty (30) day period, such required underground facilities have not been provided, the Planning Director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Planning Director shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. Upon the completion of the work by the Planning Director, he shall file a written report with the Planning Commission setting forth the fact that the required underground facilities have been provided, and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Planning Commission shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten (10) days thereafter.

(g)

The Planning Director shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner set forth in this section for the giving of the notice to provide the required underground facilities, of the time and place the Planning Commission will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(h)

Upon the date and hour set for the hearing of protests, the Planning Commission shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify, or reject the assessment.

(i)

If any assessment is not paid within five (5) days after its confirmation by the Planning Commission, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Planning Director, and the Planning Director is hereby directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes

levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time as the property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six (6%) percent per year.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.10. - Responsibility of County.

The County shall remove at its own expense all County-owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to the provisions of Section 10-7.03 of this chapter.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.11. - Extensions of time.

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ I, Ord. 602, eff. August 9, 1973)

Sec. 10-7.12. - Violations: Penalties.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable

by a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars or by imprisonment in the County Jail. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person and shall be punishable therefore as provided for in this chapter.

(§ I, Ord. 602, eff. August 9, 1973)

CHAPTER 8. - SCHOOL DEDICATION FEES

Sec. 10-8.01. - Short title.

This chapter shall be known and may be cited as the "Law Establishing School Dedication Fees".

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.02. - Authority.

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code of the State.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.03. - Purpose.

This chapter is intended to establish a school dedication fee schedule which is applicable in the unincorporated portion of the County and to provide authority whereby applicants for residential building permits and/or residential development permits are required to pay fees to be used for the construction of permanent and interim school facilities as are necessary to alleviate the overcrowding of school facilities in those areas identified to be overcrowded pursuant to the provisions of law.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.04. - Regulations.

The Board may from time to time, by resolution, issue regulations to provide for the administration of this chapter.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.05. - Findings.

The Board finds and declares as follows:

(a)

Adequate school facilities should be available for children residing in the County.

(b)

Public and private residential developments, both existing and planned, may require the expansion of existing public schools or the construction of new school facilities.

(c)

In many areas of the County, the funds for the construction of new classroom facilities are not available when the new development occurs, resulting in the overcrowding of existing schools.

(d)

New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.

(e)

For the reasons set forth in this section, new and improved methods of financing for interim school facilities necessitated by new development are needed in the County.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.06. - County General Plan.

The County General Plan provides for the location of public schools. Interim school facilities to be constructed from fees paid pursuant to this chapter shall be consistent with the County General Plan.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.07. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Conditions of overcrowding" shall mean that the total enrollment of a school, including the enrollment from proposed and existing development, exceeds the capacity of such school as determined by the governing body of the school district.

(b)

"Reasonable methods for mitigating conditions of overcrowding" shall mean and include, but not be limited to, the following:

(1)

Agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used;

(2)

The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignment, unification, and the elimination of low priority school facility uses;

(3)

The use of available annual tax rate and bond revenues to the extent authorized by law; and

(4)

The use of funds which could be available from the sale of surplus school district real property and funds available from any other source.

(c)

"Dwelling unit" shall mean a building, or portion thereof, designed or used exclusively for residential occupancy, including one-family, two-family, and three-family dwellings, apartments, multiple-family dwellings, and mobile homes as defined in Section 18211 of Division 13 of the Health and Safety Code of the State, but not including hotels, motels, or boarding and rooming houses.

(d)

"Duplex dwelling unit" shall mean a building containing not more than two (2) kitchens and designed and/or used to house not more than two (2) families living independently of each other, including all the necessary employees of each such family.

(e)

"Multiple dwelling unit" shall mean a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including motels, boardinghouses, and hotels.

(f)

"Residential development" shall mean a project containing residential dwellings, including mobile homes, or one or more units of a subdivision of land for the purpose of constructing one or more residential dwelling units. "Residential development" shall include, but not be limited to, a preliminary or final development plan, tentative subdivision map, tentative parcel map, preliminary map, waiver, or use permit for residential purposes. "Residential development" also shall include an ordinance rezoning property to residential use or to a more intense residential use.

(g)

"Residential building permit" shall mean an official document or certificate issued by the Building Inspector authorizing the construction and occupancy of a residential structure or dwelling unit.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.08. - School district findings of overcrowding.

If the governing body of a school district which has jurisdiction within the unincorporated territory of the County makes a finding supported by clear and convincing evidence (a) that conditions of overcrowding exist in one or more attendance areas that include unincorporated territory within the district which will

impair the normal functioning of educational programs, including the reasons for the existence of such conditions, and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exist, the governing body of the school district shall notify the Board. The notice of findings sent to the County shall specify the mitigation measures considered by the school district. After the receipt of a notice of findings complying with this section, the Board shall determine whether it concurs in such school district findings. The Board shall conduct a public hearing prior to its action on the school district findings. If the Board concurs in such findings, the provisions of Section 10-8.10 of this chapter shall be applicable to official actions taken on residential development and/or residential building permits by the Board, Planning Commission, and/or the Building Inspector.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.09. - Notices of findings: Requirements.

Any notice of findings sent by a school district to the County shall specify:

(a)

(c)

The amount of fees to be paid shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by residential development, both existing and planned.

(d)

The facilities to be constructed from such fees are consistent with the County General Plan.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.12. - Fee schedule. ¶

In each case where necessary findings have been made and concurred with by the Board under Section 10-8.08, subsection (a) of Section 10-8.10, and Section 10-8.11 of this chapter, the Board shall adopt a resolution setting forth a schedule of fees to be collected by the Planning Director and/or the Building Inspector, with proof of receipt provided to the appropriate agency, prior to the issuance of the requested entitlement. Such fee schedule shall be established only by a resolution adopted by the Board. The fees shall be collected by the Planning Director if the fees are required for residential development permits. The fees shall be collected by the Building Inspector if the fees are required for residential building permits.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.13. - Payment of fees. ¶

In each case where necessary findings have been made and concurred in and a resolution adopted by the Board in accordance with Section 10-8.08, subsection (a) of Section 10-8.10, Section 10-8.11, and Section 10-8.12 of this chapter, the Planning Director and/or the Building Inspector shall collect fees on all residential building permits for structures to be built and/or residential development permits to be issued within the applicable school district for which the Board has made the required findings of Section 10-8.08, subsection (a) of Section 10-8.10, and Section 10-8.11 of this chapter, and the amount of fees collected by the Planning Director and/or Building Inspector will be the same amount as established by the resolution adopted by the Board pursuant to Section 10-8.12 of this chapter.

(a)

Whenever a building permit is required to erect, construct, enlarge, alter, or convert any room that will be used for sleeping purposes, the applicable fees specified in Section 10-8.12 of this chapter shall apply.

(b)

The fees required pursuant to Section 10-8.12 of this chapter shall be paid before the building permit is approved and issued.

(c)

Every dwelling unit may have not more than one exemption for such fees required pursuant to Section 108.12 of this chapter for habitable rooms (as defined in the Uniform Housing Code) classified as dens, family rooms, sewing rooms, and such.

(d)

The fees required pursuant to Section 10-8.12 of this chapter on a per lot basis in any type of subdivision as defined in Section 66424 of the Government Code of the State, which subdivision has received tentative approval by the Board or Planning Commission, shall be paid prior to receiving the final entitlement.

(e)

The fees required pursuant to Section 10-8.12 of this chapter for individual residential dwelling units permitted by any use permit that has received approval by the Board or the Planning Commission and would not otherwise be subject to the fees listed in subsection (d) of this section shall be paid prior to the issuance of the final entitlement.

(f)

All lots subject to fees required in subsections (d) and (e) of this section shall be exempt from the requirement of paying fees pursuant to subsections (a) and (b) of this subsection.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.14. - School district schedule.

Following the decision by the County to require the payment of fees in accordance with Section 10-8.12 or 10-8.13 of this chapter, the governing body of the school district shall submit a schedule to the Board specifying how it will use the fees to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Board and the reasons for the modifications.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.15. - Fee trust.

Fees shall be held in trust by the County until transferred to the school district operating schools in the overcrowded attendance area from which the fees were collected.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.16. - County refunds of overcrowding fees.

If a residential building permit or residential development permit approval is vacated or voided, and if the County still retains the fees collected for it, and if the applicant so requests, the Board may order returned to the applicant such fees.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.17. - Use of fees.

All fees collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing the interim elementary or high school classroom and related facilities necessary for the instructional program.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.18. - Agreement for fee distribution.

Where two (2) separate school districts operate schools in an attendance area which includes the unincorporated territory of the County where the Board concurs that overcrowding conditions exist for both school districts, the Board will determine the distribution of the revenues from the fees levied pursuant to this chapter.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.19. - Fee fund records and reports.

Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file a report with the Board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas which include unincorporated territory of the County will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer

exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the Board.

(§ I, Ord. 885, eff. June 8, 1979)

Sec. 10-8.20. - Termination of dedication requirements.

When it is determined that conditions of overcrowding no longer exist in an attendance area which includes unincorporated territory of the County, the County shall cease levying any fee pursuant to this chapter for such area.

(§ I, Ord. 885, eff. June 8, 1979)

CHAPTER 9. - ROAD NAMES

Sec. 10-9.01. - Purpose.

This chapter establishes a procedure for naming roads in the County.

(§ I, Ord. 1044, eff. August 27, 1981)

Sec. 10-9.02. - Road defined.

For the purposes of this chapter, "road" shall mean any road, highway, street, avenue, boulevard, easement, or right-of-way, either public or private, used for vehicular traffic.

(§ I, Ord. 1044, eff. August 27, 1981)

Sec. 10-9.03. - Responsibility.

The Planning Department shall be the body having the responsibility for and the authority to provide names for roads within the County.

(§ I, Ord. 1044, eff. August 27, 1981)

Sec. 10-9.04. - Procedure.

(a)

Prior to the submission of tentative maps, the proposed road names shall be submitted to the Planning Department for review. The Planning Department shall determine the suitability of the submitted names as set forth in Section 10-9.05 of this chapter.

(b)

When an unnamed road is brought to the attention of the Planning Department, the staff shall contact the property owners residing on such road for possible names. If there is no response to the staff s request for a name within a reasonable length of time, the staff shall propose a name.

(c)

Petitions to change road names may be initiated at any time by County staff or the Board. Petitions to change road names may be submitted by a resident property owner, accompanied by a fee set by the Board.

(d)

Upon the receipt of a road name change petition and upon a determination by the Board that a road name change is appropriate, the Board shall adopt a resolution of intention to change a road name, set a date for public hearing, and authorize the Department of Public Works to provide notice in accordance with law.

(e)

After the public hearing the Board may adopt by resolution the proposed road name. Upon the adoption of the resolution, the designated road name shall immediately and henceforth be the official name of such road.

(§ I, Ord. 1044, eff. August 27, 1981, as amended by § XIII, Ord. 97-21, eff. August 7, 1997)

Sec. 10-9.05. - Constraints. ¶

(a)

Road names shall be chosen in such a manner as to eliminate confusion.

(b)

When possible, the name chosen for an existing road should reflect a consensus reached by the resident property owners.

(c)

Duplicate or similar sounding road names shall not be used in the same area.

(d)

A road shall have no more than one name while it follows a continuous alignment.

(e)

A road shall not bear a name in conflict with its destination.

(§ I, Ord. 1044, eff. August 27, 1981)

CHAPTER 10. - FLOODPLAIN MANAGEMENT REGULATIONS*

Ord. No. 25-07, adopted October 21, 2025, repealed and replaced Ch. 10 in its entirety to read as herein set out. Former Ch. 10 pertained to flood damage prevention, consisted of §§ 10-10.01—10-10.08.10, and derived from Ord. No. 10-17, adopted December 14, 2010.