§ 26-88

Editor's note— Ord. No. 6046, § II(i) , adopted Sep. 10, 2013, repealed § 26-88-135, which pertained to small wind energy systems and derived from Ord. No. 5342, § 6, adopted in 2002; Ord. No. 5361, §§ 2(q), (r), adopted in 2002; and Ord. No. 5435, § 2(ss), adopted in 2003. Similar provisions can be found in § 26-88208.

Sec. 26-88-140. - Minor timberland conversions.

(a)

All minor timberland conversions shall require a use permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and data as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a nontimber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after conversion. The statement shall include evidence acceptable to the planning director of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the planning director deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and microclimate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 4985 § 1(f), 1996.)

Sec. 26-88-150. - Timberland conversions of less than three acres in the TP (timberland production) district.

The planning director shall be responsible for verifying to the California Department of Forestry and Fire Protection that any proposed timberland conversion of less than three (3) acres in the TP (timberland production) district is in conformance with all county regulatory requirements.

(Ord. No. 4985 § 1(g), 1996.)

Sec. 26-88-160. - Major timberland conversions.

(a)

Permitted Use, Zoning Districts. Except as otherwise provided in subsection (b) of this section, major timberland conversions shall be a use permitted with a use permit in the RRD and TP zoning districts, and a permitted use in all other zoning districts. Major timberland conversions may convert timberland to any permitted use or use permitted with a use permit in all zoning districts, except for the TP zoning district. In the TP zoning district, major timberland conversions may be undertaken only to convert timberland to a permitted use or use permitted with a use permit that does not significantly detract from the use of the property for, or inhibit, timber production.

(b)

Permit Requirement. A major timberland conversion shall require use permit approval in compliance with this chapter in the RRD, RRDWA, and TP zoning districts, except for a major timberland conversion to convert timberland to a minor public service use or facility, which shall be a permitted use and shall not require a use permit. The minor public service use or facility itself, however, shall require use permit approval in compliance with this chapter.

(c)

Application Requirements. The use permit application for a major timberland conversion shall include all of the information and materials required by Section 2692-170, and the timberland conversion permit and timber harvesting plan approved by the California Department of Forestry and Fire Protection for the proposed major timberland conversion.

(d)

Criteria for Approval. A use permit for a major timberland conversion shall not be approved unless the decision maker makes the findings required by Section 2692-080, and determines that the proposed major timberland conversion complies with the following standards:

(1)

The proposed major timberland conversion includes substantial public benefits that outweigh the long-term loss of timberland, considering both the quantity and quality of the timberland being converted and the timberland being preserved pursuant to subsection (d)(2) of this section.

(2)

Two (2) acres of timberland with a natural slope no steeper than fifty percent (50%) are permanently preserved for timber production for each acre of timberland being converted, subject to the following requirements:

(i)

The preserved timberland shall be subject to the review and approval of the decision maker as part of the use permit approval for the proposed major timberland conversion.

(ii)

The preserved timberland shall be enforceably restricted with a perpetual protective easement preserving and conserving the preserved timberland for timber production, while protecting any riparian or other biotic resources on the preserved timberland consistent with applicable federal, state, and county statutes, ordinances, rules, and regulations. The protective easement shall be dedicated to the county or a public agency or qualified nonprofit organization approved by the county, and shall be recorded prior to commencement of timber operations for the major timberland conversion.

(iii)

The preserved timberland shall be located within the county, either on the same property as the timberland being converted or on other property in the local area.

(iv)

The preserved timberland shall be contiguous to other timberland where contiguity is feasible and is necessary or desirable to better ensure the viability of the preserved timberland for timber production.

(v)

The preserved timberland shall have the same site classification or higher as the timberland being converted.

(vi)

Any preserved timberland that does not meet state stocking standards shall be rehabilitated in compliance with the following requirements:

(A)

The understocked preserved timberland shall be rehabilitated to meet state stocking standards within five (5) years after the use permit approval for the proposed major timberland conversion. The rehabilitation shall be conducted by or under the supervision of a registered professional forester. Timber seedling planting for the rehabilitation shall be completed and verified by the registered professional forester prior to commencement of timber operations for the major timberland conversion. Upon completion of the rehabilitation, the registered professional forester shall certify that the preserved timberland meets state stocking standards.

(B)

Performance of the rehabilitation shall be guaranteed by a bond or other form of security acceptable to the planning director in the amount of one hundred percent (100%) of the total estimated cost of the rehabilitation. The security shall be released upon certification by the registered professional forester that the preserved timberland meets state stocking standards. The county may redeem the security, complete the rehabilitation with its own forces or by contract, and use the security to offset the costs of such undertaking where satisfactory progress is not made toward completion of the rehabilitation in a timely manner, or where at the conclusion of the five (5) year rehabilitation period the preserved timberland does not meet state stocking standards.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 5695 § 1, 2007: Ord. No. 5651 § 1(y), 2006.)

Sec. 26-88-170. - Compliance with right to farm ordinance.

Any use subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 3, 1999.)

Sec. 26-88-180. - Agricultural homesite parcels.

A lot line adjustment approved pursuant to Chapter 25 of this code may create an agricultural homesite parcel in the diverse agriculture zoning district having a parcel size less than ten (10) acres if the lot line adjustment complies with all of the following requirements:

(a)

All of the affected parcels have a diverse agriculture general plan land use designation and are in the diverse agriculture zoning district. No other general plan and zoning designations shall qualify.

(b)

All of the affected parcels are in one ownership and have been owned by the same owner for at least ten (10) years.

(c)

All of the affected parcels are subject to a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

(d)

All of the affected parcels have adequate potential for suitable water supply and sewage disposal.

(e)

The agricultural homesite parcel contains, at the time the lot line adjustment is approved, a residence that has existed on the property for at least five (5) years and is subject to Section 428 of the Revenue and Taxation Code. The other affected parcels shall each have a suitable building site or sites outside of geologic or flood hazard areas, and designated open space areas.

(f)

The lot line adjustment will not result in an agricultural homesite parcel that is less than one and one-half (1 ½) acres in size or any other affected parcel that is less than ten (10) acres in size for type I preserves, forty (40) acres in size for type II preserves, or the established minimum lot size, whichever is more restrictive.

(g)

No other agricultural homesite parcels shall have been created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years preceding the lot line adjustment, nor shall any other agricultural homesite parcels be created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years following the lot line adjustment.

(h)

No subdivision of the affected parcels shall have occurred since the adoption of the 1989 general plan.

(i)

A note shall be included on the deed creating the agricultural homesite parcel indicating that the agricultural homesite parcel is in an area of agricultural production and may be subject to agricultural nuisances in the form of noise, light, spraying, odors or other conditions associated with productive agriculture.

(j)

An agricultural nuisance easement and covenant approved by the county surveyor shall be recorded concurrently with the deed creating the agricultural homesite parcel. The agricultural nuisance easement and covenant shall be in favor of the other affected parcels and shall contain, at a minimum, a restriction on the ability of the owner of the agricultural homesite parcel to maintain either administrative or legal proceedings for the purpose of limiting or interfering with the agricultural uses or practices on the other affected parcels. The agricultural nuisance easement and covenant shall also contain a provision that requires the owner of the

agricultural homesite parcel to maintain the agricultural homesite parcel in a manner which prevents the breeding of pests harmful to agricultural operations on the other affected parcels and which insures that the agricultural homesite parcel will not interfere with the agricultural use of the other affected parcels.

(k)

The agricultural homesite parcel shall be excluded from the benefits of the land conservation contract after the lot line adjustment and shall be removed from the contract either by nonrenewal or cancellation of the contract insofar as it applies to the agricultural homesite parcel.

(Ord. No. 5082 § 1, 1997.)

Sec. 26-88-190. - Limitations on lot line adjustments.

(a)

Notwithstanding any ether provision of this code, except as otherwise provided in subsection (b) of this section, all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel;

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(i)

The parcel meets all of the following criteria:

(A)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(B)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(C)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an Area 1, 2, or 3 groundwater availability area as shown on Figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an Area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(ii)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CO (administrative and professional office), C1 (neighborhood commercial), C2 (retail business and service), C3 (general commercial), LC (limited commercial), K (recreation and visitor-serving), MP (industrial park), M1 (limited urban industrial), M2 (heavy industrial), M3 (limited rural industrial), or PF (public facilities) zoning districts;

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan;

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967;

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all

record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farmworker housing, as allowed by the applicable zoning district;

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5154 § 1(b), 1999.)

Sec. 26-88-193. - Condominium conversion.

(a)

Applicability: This section is applicable to the subdivision of any multi-family property with five (5) or more units.

(b)

Findings for Map Approval: In order to approve a subdivision map to allow the conversion of a multi-family rental property to condominiums, the following findings shall be made by the decision making body:

(1)

The surplus of vacant multifamily residential units offered for rent or lease is in excess of five percent (5%) of the available multifamily rental stock as reported in the most recent general plan annual implementation progress report.

(2)

At least thirty percent (30%) of the units included in the proposed condominium conversion are reserved for sale to low and very low income households and subject to an affordable housing agreement that ensures the units remain affordable to very low and low income households for at least thirty (30) years, or a longer period if otherwise required by state or local law.

(3)

The subdivider has provided an adequate relocation assistance plan to assist in relocating tenants displaced by the conversion to comparable rental housing. Tenants existing at the date of conversion shall be granted the right of first refusal concerning the purchase of the units. Tenants who are sixty (60) years or older shall be offered lifetime leases. Tenants not qualifying for lifetime leases shall be offered a ten-year lease.

(Ord. No. 6247, § II(Exh. H), 10-23, 2018)

Sec. 26-88-195. - Small alcoholic beverage retail establishments.

This section establishes standards for small alcoholic beverage retail establishments, where allowed by the base zoning district.

(a)

Permit Requirement. Small alcoholic beverage retail establishments shall require a use permit. In granting a use permit for a small alcoholic beverage retail establishment and in making the findings required for use permit approval by section 26-92-080, the decision maker shall consider the following:

(1)

The number of alcohol licenses per capita within a one-half mile radius of the premises as compared to the county-wide average;

(2)

The numbers of calls for service, crimes, and arrests at the premises and within a one-half mile radius of the premises as compared to the county-wide average;

(3)

Whether the site plan and floor plan for the premises incorporate design features to assist in reducing alcohol-related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage objectionable activities.

(b)

Location Requirement. Small alcoholic beverage retail establishments shall be separated by a minimum of one thousand (1,000) feet from all schools, day care centers, park and recreation facilities, places of religious assembly, and other alcoholic beverage retail establishments. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. An exception to this provision may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(1)

That the proposed use is located in an area where the number of calls for service, crimes, and arrests within a one-half mile radius of the premises is less than the county-wide average; and

(2)

There is adequate separation from the other uses specified above to deter loitering and exposure to alcohol sales.

(c)

Operating Standards. Small alcoholic beverage retail establishments shall comply with the following operating standards. In granting a use permit for a small alcoholic beverage retail establishment, the decision maker may impose additional operating standards as conditions of approval.

(1)

Customer and Site Visitor Management. The operator of the establishment shall take all reasonable steps, including contacting law enforcement officers in a timely manner, to prevent customers or other persons from engaging in objectionable activities on the premises, parking areas under the control of the operator, highways, roads, streets, sidewalks, lanes, alleys, and other public areas surrounding the premises, and adjacent properties during business hours.

(2)

Trash, Litter, Graffiti.

(i)

At least twice a week, the operator of the establishment shall remove trash, litter, and debris from the sidewalks adjoining the premises plus ten feet (10′) beyond property lines as well as any parking lots under the control of the operator.

(ii)

The operator of the establishment shall install and maintain a minimum of one permanent, non-flammable trash container with at least a sixty (60)-gallon capacity on the exterior of the premises.

(iii)

The operator of the establishment shall remove all graffiti from the premises and parking lots under the control of the operator within seventy-two (72) hours of its application.

(3)

Staff Training. Within ninety (90) days from issuance of a certificate of occupancy or if no building permit is required, within ninety (90) days of issuance of the use permit, all owners, managers, and employees selling alcoholic beverages at the establishment shall complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program shall meet the standards of the California Department of Alcoholic Beverage Control or other certifying/licensing body which the state may designate. New owners, managers, and employees shall complete the training course within thirty (30) days of the date of ownership or employment. Records of successful completion for each owner, manager, and employee shall be maintained on the premises and presented upon request by a representative of the county.

(4)

Staffing, Surveillance, and Security.

(i)

Signs and displays shall not obstruct the sales counter, cash register, and customers from view from the exterior of the premises.

(ii)

The operator of the establishment shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum, the external cameras shall monitor the entrance to the premises and vicinity of at least twenty (20) feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes or digital recording medium from these cameras shall be retained for at least ten (10) days from the date of recording before destruction or reuse. The tapes or digital recording medium shall be made available to the sheriff's department, or any other law enforcement agency, upon request. An exception to the requirement for exterior surveillance cameras and monitors may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(A)

That the proposed operation is located in an area where the number of calls for service, crimes, and within a one-half mile radius of the premises is less than the county-wide average; and

(B)

That there is adequate visibility of the exterior of the premises from the area of the cash register.

(iii)

A monitored robbery alarm system shall be installed and maintained in good working condition on the premises.

(iv)

Restrooms on the premises shall remain locked and under the control of the cashier.

(v)

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

(5)

Limitations on Product Sales and Display.

(i)

Refrigerated coolers, tubs, and other storage containers holding alcoholic beverages shall be equipped with locking mechanisms that shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited by the California Department of Alcoholic Beverage Control regulations or license.

(ii)

No beer or wine shall be displayed within five feet (5′) of the cash register or front door of the premises.

(iii)

No video or arcade type games are permitted on the premises. California State Lottery games are permitted.

(6)

Signs, Lighting, Postings.

(i)

Premises identification shall comply with Article V, Division C of Chapter 13 of this code and the county's adopted road naming and addressing procedures and standards.

(ii)

A copy of the conditions of approval for the use permit shall be kept on the premises and shall be presented to any peace officer or any authorized county official upon request.

(iii)

Signs shall be posted on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

(iv)

Required interior and exterior signs shall be posted in English and the predominate languages spoken by nearby community patrons.

(v)

Premises shall be lit by high-pressure sodium or equivalent intensity fixtures. All site lighting and lighting for signs shall be down lit and directed away from residential uses.

(7)

Compliance with Other Requirements.

(i)

The operator of the establishment shall comply with all local, state, and federal laws, regulations, or orders, including those of the California Department of Alcoholic Beverage Control, as well as any conditions imposed by permits issued in compliance with those laws, regulations, or orders.

(ii)

The operator of the establishment shall comply with all provisions of this code and conditions imposed by county-issued permits.

(d)

Grounds for Modification or Revocation. In addition to the grounds in Section 26-92-120, the decision maker may require modification, discontinuance, or revocation of use permits for small alcoholic beverage retail establishments if the decision maker finds that the use is operated or maintained in a manner that:

(1)

Adversely affects the health, peace, or safety of persons living or working in the surrounding area;

(2)

Contributes to a public nuisance;

(3)

Has resulted in repeated objectionable activities;

(4)

Violates any provision of this code or condition imposed by a county-issued permit, or violates any provision of any other local, state, or federal law, regulation, or order, including those of the California Department of Alcoholic Beverage Control, or violates any condition imposed by permits issued in compliance with those laws, regulations, or orders.

(e)

Nonconforming Uses and Structures. Small alcoholic beverage retail establishments that were legally operating prior to the adoption of this section may continue to operate as nonconforming uses in compliance with the provisions of Article 94 of this chapter (nonconforming uses). In addition to those provisions, after the effective date of this section nonconforming small alcoholic beverage retail establishments shall be required to obtain approval of a use permit prior to any of the following:

(1)

Resumption of alcoholic beverage sales after the establishment's liquor license is revoked by the California Department of Alcoholic Beverage Control.

(2)

Resumption of alcoholic beverage sales after the establishment's liquor license is suspended for more than forty-five (45) days by the California Department of Alcoholic Beverage Control.

(3)

Any expansion of the size of the establishment.

(Ord. 5790 § 1(m), 2008.)

Sec. 26-88-200. - Renewable energy systems and facilities development standards.

Renewable Energy Systems and Facilities are allowed in accordance with permit requirements as shown in Table 1: Allowed Uses and Permit Requirements for Renewable Energy Systems and Facilities.

(a)

Accessory Renewable Energy Systems The following site planning and development standards shall apply to accessory renewable energy systems, defined as those designed to supply a total of not more than 125% of the calculated energy demand for all legally established onsite uses. Accessory renewable energy systems include attached wind systems and those not exceeding forty (40) feet in height; solar photovoltaic systems; low-temperature geothermal heating systems; geothermal heat pump systems; and bioenergy systems (and associated cogeneration facilities) where the feedstock is also produced onsite.

Accessory systems do not include systems designed or used primarily to supply off-site energy needs. Oversized accessory solar or bioenergy systems constructed on or within existing buildings or as shade structures over required parking areas are not subject to the 125% threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program.

(1)

Site Planning and Development Standards

(i)

Biotic Resources. Accessory renewable energy systems shall not be sited within designated sensitive biotic resource areas as designated in the General Plan, Zoning or Area Plan including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors.

(ii)

Scenic Resources. Accessory renewable energy systems located within scenic areas as designated in the General Plan, Zoning or Area Plan shall require administrative design review as set forth in 26.82.050 (Design Review). Systems shall be sited behind natural topography or vegetation when feasible.

(iii)

Farmland Protection. In the agricultural zoning districts, an accessory renewable energy system shall be sited to minimize any loss of Important Farmlands, and shall meet the requirements of General Plan Policy AR-4a. A Right to Farm declaration and an agricultural impact easement limiting the liability of farmers on nonagricultural uses shall be recorded. If the system is located on a site under a Land Conservation Act (Williamson Act) contract, the system must serve an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

(iv)

Fire Protection. An accessory renewable energy system shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). For roof-mounted solar systems, this includes 3 feet clear at roof edges, valley and hips, unless waived in writing by the Fire Marshal.

(v)

Grading and Access. Accessory renewable energy systems shall be sited to maintain natural grades and shall use existing roads for access. Grading and/or construction of new roads shall be allowed only where necessary to provide the system in proximity to the energy use or transmission and distribution system, and that an alternate location on the subject site is less suitable for environmental or visual reasons.

(vi)

Noise. Renewable energy systems shall not exceed the General Plan Noise Standards Table NE-2, measures at the nearest property line.

(vii)

Cessation of Use. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use, and shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within six (6) months.

(b)

Commercial Renewable Energy Facilities. The following siting criteria and development standards apply to all commercial (nonaccessory) renewable energy facilities which provide energy for off-site use, unless otherwise exempt, in addition to the applicable special use standards for the specific type of facility:

(1)

Siting Criteria.

(i)

Aesthetics. Renewable energy facilities shall be sited to minimize view impacts from public roads and adjacent residential areas, and shall require administrative design review as set forth in 26.82.050 (Design Review). Proposed facilities located within Scenic or Historic Resource combining zones shall also require design review of materials, colors, landscape, fencing and lighting plans. Any lighting shall be fully shielded, downward casting and not wash out onto structures, other properties or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved design plans.

(ii)

Air Safety. Renewable energy facilities shall not be located within the approach zone (outer or inner safety zones) or the inner turning zones for any public use airport. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation; sites located within a public use airport traffic zone will be required to provide an analysis documenting compliance with this standard. The owner/operator of a facility approved within a public airport's traffic zone shall be required to record an avigation easement and may be required to mark or light the facility for air traffic safety. The operator shall notify the FAA and California Division of Aeronautics of any structures in an airport traffic zone that are more than 200 feet above the ground elevation or that exceed airport imaginary surfaces as defined in Federal Aviation Regulations Part 77. If located on airport lands, the facility must meet the building setback approved on the Airport Layout Plan.

(iii)

Biotic Resources. Renewable energy facilities shall be sited to avoid or minimize impacts to sensitive biotic habitats including woodlands, wetlands, streams, and habitat connectivity corridors as identified in the General Plan, Area Plan, Specific Plan or a Biotic Resource combining zone. Projects located within or adjacent to these areas will require a biotic study at the time of use permit application to demonstrate that the facility avoids sensitive species to the maximum extent feasible and provides adequate mitigation of potential impacts.

(iv)

Cultural and Historic Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources. Projects located within a Historic District shall be subject to review by the Landmarks Commission, unless otherwise exempt. Projects involving grading more than 18inches in depth may require a cultural resources survey at the time of use permit application.

(v)

Farmland Protection. Where a commercial renewable energy facility is sited within an Agricultural Zone, the primary use of the parcel shall remain in agriculture pursuant to General Plan Policy AR-4a. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. A renewable energy facility shall not take mapped Important Farmlands out of agricultural production by removing permanent crops.

If the facility is located on a site under a Land Conservation Act (Williamson Act) contract, the facility must be listed as an agricultural or compatible use in the Agricultural Preserve Rules and allowed by the type of contract. The total site area for all compatible uses including renewable energy facilities shall not be greater than 15 percent of the parcel or 5 acres, whichever is less, unless determined by the Board of Supervisors that a larger site area is consistent with the principles of compatibility.

(vi)

Proximity to Utility Transmission Lines and Utility Notification. For renewable energy facilities interconnected to transmission lines greater than 6kV, the location of new transmission lines, poles, and utility sub-stations shall be identified on the site plans. If high voltage (100kV) or private transmission lines are proposed, they shall be considered as part of the use permit process for the renewable energy facility. No building permit for a renewable energy facility shall be issued until 1) evidence has been provided to the department that the proposed interconnection is acceptable to the utility; 2) the Planning Commission has reviewed and made a recommendation regarding the proposed transmission line route; and, 3) the California Public Utilities Commission has approved the location of any new utilityowned transmission lines.

(vii)

Grading and Access. Renewable energy facilities shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Following use of temporary access roads, construction staging areas, or field office sites used during construction, all natural grades shall be restored and revegetated. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.

(viii)

Land Use. Renewable energy accessory systems and commercial facilities shall be located within existing built or developed areas, on or within existing legally established structures or over parking areas to the extent practicable.

(2)

Development Standards.

(i)

Air Quality. During site preparation, grading and construction, the operator must implement best management practices to minimize dust and wind erosion including, regularly water roads and construction staging areas as necessary. Paved roads shall be swept as needed to remove any soil that has been carried onto them from the project site.

(ii)

Erosion and Sediment Control. The operator must have a stormwater management permit and an erosion and sediment control plan approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to minimize sediment run-off into waterways.

(iii)

Fire Protection. Renewable energy facilities shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), addressing, vegetation management and fire break maintenance around all structures.

(iv)

Noise. Renewable energy facilities shall be operated in compliance with the General Plan Noise Standards Table NE-2.

(v)

County Service Impacts/Sales and Use Taxes. Prior to issuance of any grading or building permit(s), the owner/operator shall enter into an agreement with the County, in a form approved by the County Counsel, governing payment of sales and use taxes. The owner/operator shall undertake specified actions in contracting for construction of the facility so as to allocate sales and use taxes paid in connection with the construction of the plant to the County. The owner/operator shall include language in its construction contracts identifying the jobsite as within the County and requiring its construction contractors to allocate sales and use taxes to the County, to the extent provided by law in its Board of Equalization filings and permits.

(vi)

Security and Fencing. The site area for a renewable energy facility must be fenced to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used in rural areas. If needed, security lighting shall be motion sensored. Access gates and equipment cabinets must be locked at all times.

(vii)

Signs. Temporary signs describing the project, and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed onsite, subject to administrative design review. Outdoor displays, billboards or advertising signs of any kind either on- or off-site are prohibited unless approved as a part of the use permit.

(viii)

Decommissioning. A decommissioning plan shall be required as part of any use permit for a renewable energy facility and must include the following:

(A)

Removal of all aboveground and underground equipment, structures not identified for re-use, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.

(B)

Removal of graveled areas and access roads and placement of topsoil.

(C)

Restoration of the surface grade and placement of topsoil after removal of all structures and equipment including grading, revegetation and erosion control plans to return the site to an appropriate end use.

(D)

Revegetation of disturbed areas with native seed mixes and plant species suitable to the area. Documentation of a three (3) year maintenance agreement for all revegetated areas must be submitted prior to the restoration being considered complete.

(E)

The timeframe for completion of removal and restoration activities.

(F)

An engineer's cost estimate for all aspects of the restoration plan.

(G)

An agreement signed by the owner and operator that they take full responsibility for decommissioning and reclaiming the site in accordance with the Decomissioning Plan and Use Permit approval upon cessation of use.

(H)

A plan to comply with all state and federal requirements for reuse, recycling or disposal of potentially hazardous waste.

The facility operator is required to notify the department immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within one (1) year.

(ix)

Financial Assurance. Financial assurance may be required for any commercial renewable energy facility, and shall be required for renewable energy facilities of 1 MW or larger or which exceed 5 acres in land area. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the Department to secure the expense of decommissioning, dismantling and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines/pipes in compliance with the approved restoration plan.

(x)

Abandonment. A renewable energy facility that ceases to produce electricity and/or useful heat and/or renewable fuel on a continuous basis for twelve (12) months shall be determined abandoned in compliance with the following procedures. Facilities determined by the County to be unsafe and facilities erected in violation of this section shall also be considered abandoned and shall be subject to code enforcement action.

(A)

The determination of abandonment shall be made by the code enforcement officer or his/her designee. The code enforcement officer or any other employee of the. Department shall have the right to request documentation and/or affidavits from the facility owner/operator regarding the use of the facility, and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The code enforcement officer's decision is appealable pursuant to Section 1-7.3 (b) of the Sonoma County Code.

(B)

Upon a determination of abandonment or other violation(s), the County shall send a notice to the owner and operator, indicating that the responsible party shall remove the facility and all associated structures, and begin restoration of the site to its approximate original condition within ninety (90) days of notice by the County, unless the County determines that the facilities must be removed in a shorter period to protect public safety or an alternative to resolving the violation is agreed upon. All restoration work shall be completed within one (1) year.

(C)

In the event that the responsible parties have failed to remove and/or restore the facility site or otherwise resolve the violation(s) within the specified time period, and the appeals have been exhausted, the County may use the financial security to remove the facility and restore the site. The County may thereafter initiate judicial proceedings or take any other steps authorized by law against the responsible parties to recover costs associated with the removal of structures determined to be a public hazard.

TABLE 1ALLOWED USES AND PERMIT REQUIREMENTS FOR RENEWABLE ENERGY SYSTEMS AND FACILITIES

Notes:

1 If under Land Conservation (WA) contract, the facility must be listed as compatible use in the local Ag Preserve Rules; be allowed by the type of contract; and shall be no more that 15% of the parcel or 5 acres whichever is less, unless determined by the Board of Supervisors that a larger percentage is compatible and use permit is obtained.

2 On DA and LEA parcels, commercial solar facilities are limited to 30% of site area to a maximum of 50 acres unless a Rezone to add the RE Combining Zone is granted. On RRD parcels, the limit is 15% to a maximum of 5 acres unless a Rezone to add the RE is granted.

3 Commercial solar facilities allowed within the AR and RR zones only on parcels of at least 10 acres, subject to use permit.

4 Roof-mounted solar on legally established buildings or located on carports/shade structures over required parking only; see 26.88.206. C.

5 Excludes Important Farmlands mapped as Prime, Statewide, or Unique by the Farmlands Mapping & Monitoring program (FMMP); excludes designated Scenic and Biotic Resource Areas (SR and BR) unless a protective easement is recorded.

6 Maximum height is forty (40') feet on a parcel less than one (1) acre; sixty-five (65') feet on a parcel one (1) to less than five (5) acres; and maximum height of eighty (80') feet on a parcel of five (5) acres or more.

7 Cogeneration and similar technologies, including fuel cells, must result in a net reduction in carbon output in order to be considered a renewable facility as defined herein.

8 Other hybrid or emerging renewable energy technologies which in the opinion of the director are of a similar and compatible nature to those uses listed.

9 ≤15 gallons biodiesel generation exempt with Fire Code review and signoff. Oversized accessory bioenergy systems placed on or within existing structures or paved/compacted areas not subject to 125% limitation.

(Ord. No. 6046, §§ II(d), (e), Exhs. C, D, 9-10-2013)

Sec. 26-88-202. - Bioenergy facilities special use standards.

(a)

Purpose. This section establishes the minimum standards for bioenergy production facilities including ethanol, biodiesel and biogas, and related power generation and cogeneration facilities where allowed by the base zone. Bioenergy refers to power or fuels produced from any biomass material derived from plants, animals and organic waste streams.

(b)

Applicability. These standards apply to all bioenergy facilities as allowed by the base zone as shown in Table 1: Allowed Uses and Permit Requirements Renewable Energy Systems and Facilities in Section 26-88-200.

(c)

Limitations on Uses. Commercial bioenergy facilities are allowed as a compatible use on agricultural lands under Land Conservation Act (Williamson Act) contract only in areas that are not classified in the State Farmland Mapping and Monitoring Program as Prime Farmland, Farmland of Statewide Importance, or Unique

Farmland.

(d)

Accessory Bioenergy Production. Bioenergy and cogeneration facilities serving up to one hundred twenty-five percent (125%) of the onsite energy demand for a legally established use are permitted as an accessory use when feedstocks are produced onsite or the feedstocks are the byproduct of onsite agricultural processing, subject to the standards of Subsection E. Where feedstocks are imported from another site or where biofuels are exported off-site, a use permit shall be required.

ne hundred twenty-five percent (125%) of the onsite energy demand for a legally established use are permitted as an accessory use when feedstocks are produced onsite or the feedstocks are the byproduct of onsite agricultural processing, subject to the standards of Subsection E. Where feedstocks are imported from another site or where biofuels are exported off-site, a use permit shall be required.

Oversized accessory bioenergy systems located on or within existing structures or existing developed areas are not subject to the one hundred twenty-five percent (125%) threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program, but shall be limited to existing developed area of the site, as determined by the director.

(e)

Development Standards. The following standards shall apply to bioenergy production and cogeneration facilities, in addition to the general development standards of Section 26-88-200, Renewable Energy Facilities.

(1)

Setbacks. Bioenergy facilities shall comply with all setbacks of the underlying zone district, except that on parcels adjacent to a residential zone or off-site residential use, bioenergy production facilities shall maintain a minimum setback of two hundred feet (200') from the residential use or zone district. Greater setbacks may be established for large facilities.

(2)

Storage. The bioenergy production facility shall include sufficient storage for both raw materials and fuel production. Onsite storage shall also be provided for all additional byproducts resulting from bioenergy production, unless those additional products are used onsite through land application, livestock consumption, or similar as a part of the approved land use permit.

(3)

Regulatory Compliance. Buildings, facilities, and equipment used in the production and/or storage of bioenergy shall comply with all local, State, and Federal laws. The owner or operator of the biofuel production facility shall provide Sonoma County PRMD with proof that all necessary approvals had been obtained from State and Federal agencies involved in permitting any of the following aspects of biofuel production:

(i)

Air pollution emissions;

(ii)

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

(iii)

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

(iv)

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

(Ord. No. 6046, § II(f), Exh. E, 9-10-2013)

Sec. 26-88-204. - Geothermal and thermal solar facilities (Reserved).

(Ord. No. 6046, § II(g), 9-10-2013)

Sec. 26-88-206. - Solar energy facilities—Special use standards.

(a)

Purpose. This section establishes minimum development and operational standards for solar energy facilities, where allowed by the base zone or the Renewable Energy (RE) combining zone. The intent of these standards is to promote and facilitate the siting and permitting of solar electric (photovoltaic) systems and facilities in a manner that minimizes adverse environmental impacts.

(b)

Applicability. These standards apply to all solar energy facilities not otherwise exempted.

(c)

Exempt Facilities. The special use standards set forth in this section shall not apply to the following exempt systems:

(1)

Solar hot water systems designed as an accessory use to serve a legally established use of the property;

(2)

Solar photovoltaic systems, subject to planning clearance, that meet any one of the following:

(i)

Roof-mounted accessory systems and commercial facilities located on a legally established building containing the primary allowed use on the site, and/or on legally established accessory structure(s) containing use(s) allowed as accessory to the primary use, where the installations meet fire safe standards for access along the roof peak and eaves.

(ii)

Solar accessory systems and commercial facilities affixed to shade structures located over required parking areas, in accordance with parking and fire safe standards.

(iii)

Accessory ground mounted solar photovoltaic systems designed to provide no more than one hundred twenty-five percent (125%) of the estimated energy demand onsite meeting all of the following health and safety standards:

(A)

Not exceeding fifteen feet (15') in height, unless demonstrated by a structural engineer to meet public safety standards;

(B)

For residential installations, the system design capacity does not exceed the average kW use for similar sites, unless a higher energy need for legal uses on the installation site is demonstrated as determined by the Director, subject to a zoning permit;

(C)

The system installation complies with required yard setbacks and lot coverage limitations of the underlying zone district, unless demonstrated that the installation does not impair sight distance for safe access to or from the property or other properties in the vicinity as determined by the director subject to a zoning permit;

(D)

The system installation meets fire safe standards and provisions for emergency access, and defensible space around the system components are provided;

(E)

The system is not located over a septic system or leachfield area or identified reserve area, and is not located in a floodway as designated by FEMA; and

(F)

Does not otherwise create a fire or other safety hazard as determined by the fire marshal and building official.

(3)

Solar photovoltaic systems and facilities owned by the county or other local agency as defined in Government Code Section 53090 or the California Public Utility Code Section 12808.5.

(d)

Minor Commercial Solar Facilities (Incidental to a Primary Use). The following special use standards apply to all minor solar electric (PV) systems and facilities designed to provide energy for on- and off-site use, that are incidental to the primary use of the property. These standards apply in addition to the general site planning and development standards of Section 26-88-200.

(1)

Parcel Coverage. Minor commercial solar facilities shall cover less than fifteen percent (15%) of the parcel and no more than five (5) acres. The area covered by panels shall be the lesser of fifty percent (50%) of the maximum lot coverage allowed by the zone, or if applicable, fifty percent (50%) of the allowable building envelope as designated on a final map. Facilities mounted on the roof(s) of legal, permitted structures that otherwise comply with lot coverage maximums are exempt from these limitations.

(2)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and provisions for emergency access and defensible space around the facility are required.

(3)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by no more than two feet (2'). Ground-mounted facilities shall not exceed 15-feet in height.

(4)

Incompatible Locations. Ground mounted facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

In a designated sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan or the California Natural Diversity Database; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(5)

Performance Standards.

(i)

Glare. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas.

(ii)

Farmland Protection. If the facility is located within or near an agricultural area, the owner/operator shall sign and record a Right to Farm declaration and an agricultural easement.

(e)

Commercial Solar Facilities. The following special use standards apply to all solar electric (PV) facilities that are developed as a primary use of the property as allowed by the underlying zone, in addition to the siting criteria and development standards of Section 26-88-200.

(1)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and access for emergency vehicles shall be provided along the periphery of the facility.

(2)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by up to two feet (2'). Ground-mounted facilities shall not exceed fifteen feet (15') in height unless otherwise allowed by use permit.

(3)

Undergrounding Electrical. Electrical distribution lines on the project site shall be underground up to the low voltage side of the step up transformer, to the point of onsite use or to the utility interface point of an onsite substation. This provision may be waived by the decision-making body if the undergrounding is determined to be an undue burden.

(4)

Glare Effects. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas. A detailed analysis of potential glare effects may be required at the time of application, and the applicant may be required to minimize glare effects by installing vegetative screens or berms, and/or by adjusting solar collector position or operation to minimize glare.

(5)

Farmland Protections. In addition to the Right to Farm and Agricultural Use Easement requirements set forth in Section 26-88-200(b)(1)(v), Farmland Protection, the site area used for the installation of a commercial solar facility shall exclude mapped Important Farmlands, and a protective easement may be required over these lands.

(6)

Scenic and Biotic Resource Protections. Ground-mounted commercial solar facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

Within a Scenic Resource (SR) or Biotic Resource (BR) combining zone, nor within a sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan, or the California Natural Diversity Database, unless a protective easement is recorded to protect these resources; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(7)

Photovoltaic Module Management. Reuse, recycling or disposal of any photovoltaic panels shall be conducted in accordance with the Standards for Universal Waste Management—Photovoltaic Modules as set forth in Chapter 23 of the California Code of Regulations.

(Ord. No. 6046, § II(h), Exh. F, 9-10-2013)

Sec. 26-88-208. - Wind energy special use standards.

(a)

Purpose. This section establishes standards for the siting and operation of wind energy systems and facilities. This section is intended to implement the requirements of Government Code section 65892.13, while protecting the scenic and natural resources of the county and the health, safety and welfare of its residents to the extent permitted by law.

(b)

Applicability. These standards apply to all wind energy systems and facilities as allowed by the base zoning district as shown in Table 1 subject to the general development standards for renewable energy facilities in Section 26-88-200.

(1)

Exempt Accessory Wind Energy Systems. In any zoning district, accessory wind energy systems that are attached to a wall, roof or structural member of a legally established building are exempt from the development standards set forth herein, subject to the height and setback restrictions of the underlying zoning district.

(c)

Limitations on Location and Use. Wind energy systems and facilities shall not be located on a site that is:

(1)

Within a scenic corridor identified by the open space element of the General Plan;

(2)

Within a special studies zone established in compliance with the Alquist-Priolo Earthquake Fault Zoning Act;

(3)

Subject to a conservation easement established in compliance with Civil Code Section 815 et seq., that prohibits wind energy systems or facilities;

(4)

Subject to an open space easement established in compliance with Government Code Section 51070 et seq., that prohibits wind energy systems or facilities;

(5)

Subject to an agricultural conservation easement established in compliance with Government Code Section 10200 et seq., that prohibits wind energy systems or facilities;

(6)

Subject to a Williamson Act contract established in compliance with Government Code Section 51200 et seq., that prohibits small wind energy systems or facilities; or

(7)

Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed.

(d)

Development Standards. The following standards shall apply to wind energy systems and facilities, in addition to the general development standards for renewable energy set forth in Section 26-88-200, unless otherwise exempt:

(1)

The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum distance of ten feet (10') from any other structure on the parcel on which the system is located. On parcels of ten (10) acres or more, the parcel line setback may be reduced if the applicant demonstrates that:

(i)

Because of topography, strict adherence to the setback requirement would result in greater visibility of the system's tower than a reduced setback, and

(ii)

The system's tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels;

(2)

The system's tower and supporting structures shall comply with any applicable fire setback requirements in the fire safe standards (Chapter 13, Article V of this Code);

(3)

The system's tower shall not exceed a maximum height of forty feet (40') on a parcel of less than one (1) acre, a maximum of sixty-five feet (65') on a parcel of one (1) to less than five (5) acres, and maximum height of eighty feet (80') on a parcel of five (5) acres or more, unless a use permit is obtained;

(4)

The system's tower shall be set back from and not project above the top of any visually prominent ridgeline;

(5)

The system's tower shall not significantly impair a scenic vista from a county-designated or state-designated scenic corridor;

(6)

The system's tower shall be located and screened by landforms, natural vegetation or other means to minimize visual impacts on neighboring residences and public roads, public trails and other public areas;

(7)

The system's tower and supporting structures shall be painted a single, neutral, nonreflective, nonglossy (for example, earth-tones, gray, black) that, to the extent possible, visually blends the system with the surrounding natural and built environments;

(8)

The system's turbine shall be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the commission;

(9)

The system shall be designed and constructed in compliance with the Uniform Building Code and National Electric Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer;

(10)

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code);

(11)

The system shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control design and fabrication to good engineering practices shall be certified by a California-licensed mechanical, structural or civil engineer;

(12)

The system's tower-climbing apparatus and blade tips shall be no closer than fifteen feet (15') from ground level unless the system is enclosed by a six-foot high fence;

(13)

The system's utility lines shall be underground where economically practical;

(14)

Where vegetation is removed in the construction of the system or an access road to the system, landscaping shall be planted to minimize visual impacts, avoid erosion and maintain stability of soils;

(15)

The system shall be operated such that no electro-magnetic interference is caused;

(16)

No more than one (1) accessory system shall be allowed on a parcel;

(17)

Decibel levels generated by the system shall not exceed the maximum noise levels applied pursuant to the noise element of the general plan, except during shortterm events including utility outages and severe wind storms;

(18)

Brand names or advertising associated with the system or the system's installation shall not be visible from any public place;

(19)

Signs warning of high voltage electricity shall be posted on stationary portions of the system's tower and any supporting structures, and at gated entry points to the site at a height of five feet (5') above the ground;

(20)

Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its preconstruction condition or other authorized use.

(Ord. No. 6046, § II(j), Exh. G, 9-10-2013)

Sec. 26-88-210. - Small-scale agricultural processing facility.

(A)

Purpose. This section establishes performance standards for small-scale agricultural processing facilities to support agricultural production and facilitate start up operations, while ensuring neighborhood compatibility and minimizing potential for environmental impacts. Where allowed by the base zone, a small-scale agricultural processing facility may be permitted with a zoning permit when documentation is provided that all of the performance standards set forth in subsection (C) are met.

(B)

Applicability. Small-scale agricultural processing facilities shall be permitted in the agricultural and resource zones: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture) and RRD (Resource and Rural Development). Small-scale agricultural processing does not include processing operations that produce alcoholic or cannabis products or involve animal slaughter and/or meat cutting and packing. Small-scale agricultural processing does not include cottage food operations which are defined separately and are an allowed use within a primary residence. Agricultural processing operations or facilities not meeting the following performance standards may still be permitted where allowed by the base zone, subject to issuance of a use permit.

(C)

Performance Standards. Small-scale agricultural processing facilities shall comply with the following standards in addition to the requirements of the base zone and other applicable combining zones.

(1)

Minimum Parcel Size/Maximum Size Thresholds. Small-scale agricultural processing facilities up to three thousand (3,000) square feet must be located on a parcel of at least two (2) acres in size; and up to five thousand (5,000) square feet on parcels five (5) acres or greater.

(2)

Number of Facilities. No more than one (1) small-scale agricultural processing facility may be approved per contiguous ownership. Multiple facilities may be considered with a Use Permit.

(3)

Sensitive Environmental Resource Areas. A biotic study prepared by a qualified professional shall demonstrate that sensitive environmental resource areas are avoided. The study may be waived by the Director if the facility is located in a previously developed area.

(4)

Square Footage Limitations. All small-scale agricultural processing activities shall be conducted inside a building or in covered outdoor areas. The total combined square footage of all such facilities, including buildings and areas where agricultural products are processed, aged, stored, packaged, and areas were equipment is stored and washed, shall not exceed the maximum size thresholds unless a use permit is obtained.

(5)

Building Permit. Agricultural processing facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(6)

Processing Commodities. At least seventy percent (70%) of the agricultural commodities used in the processing must be grown on-site or on lands owned or leased by the operator in the County.

(7)

Customer and Site Visitor Management. Educational tours are allowed subject to building code and accessibility requirements.

(8)

Compliance with County, other Agency, and Statutory Requirements. The operator shall comply with all applicable building, plumbing, electrical, fire and hazardous material codes set forth in the County Code. The operator shall also comply with all laws and regulations applicable to the type of processing facility proposed and obtain and or comply with all permit, license, approval, inspection, reporting and operational requirement required by other local State and Federal regulatory agencies having jurisdiction over the type processing operations proposed, and shall provide copies or other agency verification to Permit and Resource Management Department to serve as verification for such compliance.

(9)

Water System. Any water supply well used for agricultural processing facilities shall conform to the applicable requirements of Chapter 25b Water Wells of the County Code. The system must meet any performance or construction standards stipulated in the operational permits and well construction permit.

(10)

Water Supply - Quality. The water supply used by the agricultural processing facility shall comply with all applicable water quality standards and monitoring requirements as required by the applicable regulatory permitting agencies. Operators shall be responsible for submitting verification of compliance from the appropriate agency.

(11)

Water Supply - Quantity. For purposes of this section, the onsite water supply shall be considered adequate if:

(i)

The proposed processing facility would not result in a net increase in water use on site; or

(ii)

The water source is in Groundwater Availability Zones 1 or 2 and is not within a groundwater basin which has an adopted groundwater management plan; or

(iii)

The water source is in Groundwater Availability Zone 3 or is within a groundwater basin covered by an adopted groundwater management plan, and a qualified professional prepares a hydrogeologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet existing and proposed uses on the site on a sustained basis, and the operation of the agricultural processing facility will not: 1) exacerbate an overdraft condition in a groundwater basin; 2) result in reduction of critical flow in nearby streams; or 3) result in well interference at offsite wells.

(12)

Groundwater Monitoring. Water wells used for agricultural processing facilities shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be calibrated at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the Permit and Resource Management Department, Project Review Division by January 31 of each year. The annual report shall show a cumulative hydrograph of static water levels and the total quarterly quantities of water pumped from well(s) used in processing.

(13)

Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted for review and approval by the Director. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards.

Where waste discharge is within the jurisdiction of a Regional Water Quality Control Board, the owner or operator shall provide the Director with documentation of Waste Discharge Requirements, or waiver thereof, and shall comply with applicable discharge and monitoring conditions.

(14)

Septic Systems. The owner shall maintain a properly functioning septic system which complies with sewage disposal regulations set forth in Chapter 24 of the County Code. The nature and quantity of the waste discharged shall not exceed the design capacity of the septic system and any existing restrictions unless a new code-conforming replacement septic system is built. Septic systems built before 1975 need additional testing in order to determine the design capacity of the system. Proper functioning and design capacity of the septic system shall be verified by a registered Civil Engineer or registered Environmental Health Specialist.

(15)

Hours of Operation. Indoor processing activities may be conducted seven (7) days a week, 24-hours per day as needed. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8:00 a.m. to 5:00 p.m., except during seasonal harvest when the hours may be extended for limited periods.

(16)

Noise Limits. Noise generation shall not exceed the General Plan noise standards

(17)

Signage. The small-scale agricultural processing facility shall be limited to one (1) non-illuminated sign not exceeding sixteen (16) square feet.

(18)

Lighting. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.

(19)

Setbacks. In addition to structural setbacks of the base zone, agricultural processing facilities shall be set back a minimum of sixty feet (60') from watering troughs, feed troughs, and buildings, pens or similar quarters where livestock or poultry congregate or are confined. Outdoor loading and activity areas must be located at least two hundred (200) feet from the outdoor activity area of any dwelling unit on an adjacent property.

(Ord. No. 6081, § VII (Exh. A), 7-29-2014)

Sec. 26-88-215. - Farm retail sales.

(a)

Purpose. This section establishes standards for year-round on-farm retail sales to encourage and increase opportunities for access to healthy foods, support continued use of agricultural lands for agricultural production, improve the economic viability of farming enterprises, while retaining the rural character of agricultural areas and ensuring the potential for land use conflicts and environmental impacts are minimized.

(b)

Applicability. This section shall apply to farm retail sales of products grown on site or other lands owned or leased by the farm operator as allowed by the base zone, excluding alcoholic beverages and cannabis products. Farm retail sales do not include cottage food operations which are defined separately and are an allowed use within a primary residence.

(c)

Standards. Small-scale Farm Retail Sales facilities are permitted with a zoning permit subject to the following requirements.

(1)

Minimum parcel size. Small agricultural retail sales facilities must be located on a parcel of at least two (2) acres in size.

(2)

Maximum Size. The maximum retail area shall not exceed five hundred (500) square feet. For purposes of this standard, outdoor growing areas of U-pick and U- cut operations shall not apply to the facility size calculation.

(3)

Building Permit. Retail sales facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(4)

Onsite sales. Onsite retail sales shall be limited to whole produce, eggs, honey or value-added prepackaged foods or non-food products processed from crops grown on site or other lands owned or leased by the farm operator.

(5)

Incidental Sales. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods and promotional items not produced by the owner or operator of the agricultural enterprise.

(6)

Hours of operation. Hours of operation for retail sales facility shall be limited to 10:00 a.m. to 6:00 p.m. seven (7) days per week.

(7)

Food Safety. All food storage, handling, labeling and retailing shall comply with the California Retail Food Code and other applicable federal, state and local laws and food safety regulations and permitting requirements.

(8)

Food Sampling. Food sampling shall be limited to fresh produce and prepackaged processed foods grown on site in compliance with a retail food facility permit. No other food service is allowed.

(9)

Signage. Signs up to sixteen (16) square feet are allowed in compliance with Article 84 of this Chapter. Sign text shall be limited to the name of the agricultural enterprise, the address, and the general type of produce sold. Banners, flags or balloons or cost advertisements shall not be allowed. One (1) portable sandwich board sign is allowed on site, provided that it does not exceed nine (9) square feet per side and is removed when the facility is closed. Offsite signs are prohibited.

(10)

Incidental Agricultural Promotional Activities. Educational tours for promotion of agricultural products are allowed. Participation in farm trails and similar promotional activities is allowed.

(11)

Setbacks. Sales facilities shall meet the setbacks of the base zone and any combining zones.

(12)

Access and Off-Street Parking. Farm retail sales facilities shall be located on parcels having direct access to a publicly maintained road. A minimum of three (3) spaces is required on-site. All customer and employee parking shall be provided onsite.

(13)

Noise. Noise generation shall not exceed General Plan noise standards.

(14)

Weights and Measures. All scales used for retail sales shall be approved for commercial use and sealed by the Sonoma County Agricultural Commissioner's Office of Weights and Measures.

(15)

Right to Farm. The owner/operator of the retail sales facility shall file and record a Right to Farm Declaration pursuant to Sonoma County Code Chapter 30, Article 2.

(Ord. No. 6081, § VIII(Exh. B), 7-29-2014)

Sec. 26-88-250. - Commercial cannabis uses.

(a)

Purpose. This section provides the development and operating standards for commercial cannabis activities to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine, and provide opportunities for economic development.

(b)

Applicability. Commercial cannabis activities shall be permitted only in compliance with the requirements of Sections 26-88-250 through 26-88-256 and all other applicable requirements for the specific type of use and those of the underlying base zone.

(c)

Limitations on Use. The following limitations apply to all commercial cannabis activities.

(1)

Commercial cannabis uses for non-medical cannabis for adult use is prohibited, unless a use permit is obtained.

(2)

Commercial cannabis activities shall only be allowed in compliance with all applicable county codes, including but not limited to, grading, building, plumbing, septic, electrical, fire, hazardous materials, and public health and safety.

(3)

The permit holder shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting and operational requirements of other local, state, or other agencies having jurisdiction over the type of operation. The permit holder shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification for such compliance.

(4)

Permits for commercial cannabis activities shall only be issued where written permission from the property owner or landlord is provided.

(5)

Tasting, promotional activities, and events related to commercial cannabis activities are prohibited.

(6)

Commercial cannabis activities are prohibited from using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as

determined by the fire marshall.

(d)

Permit Requirements. Commercial cannabis activities shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. No other type of commercial cannabis activities are permitted except as specified in Table 1A-D. The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the county code. Commercial cannabis activities shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services.

(e)

Term of Permit. Zoning permits for commercial cannabis activities shall be issued for a limited term not to exceed one (1) year from the date of permit approval. Use permits for commercial cannabis activities may be approved for a limited term of up to five (5) years from the date the use permit certificate is issued, after all pre-operational conditions of the use permit have been met. Limited term permits shall expire and have no further effect unless a complete application for renewal is submitted prior to the expiration date. No property interest, vested right, or entitlement to receive a future permit to conduct a commercial cannabis activity shall ever inure to the benefit of such permit holder.

(f)

Health and Safety. Commercial cannabis activity shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

(g)

Taxes. Permit holders shall comply with Sonoma County Code Section 35, the Sonoma County Cannabis Business Tax Ordinance, and any additional taxes that may be enacted by the voters or any additional regulations that may be promulgated.

(h)

Operator Qualifications. Cannabis operators must meet the following qualifications:

(1)

Cannabis operators and all employees must be at least twenty-one (21) years of age.

(2)

Cannabis operators shall be subject to background search by the California Department of Justice. Permits for commercial cannabis activities shall not be approved for operators with serious or violent felony convictions, as specified in subdivision (c) of Section 1192.7 of the Penal Code and subdivision (c) of Section 667.5 of the Penal Code.

(3)

Cannabis operators must have authority to legally bind the person applying for and/or operating pursuant to a permit.

(4)

Cannabis operators must meet the definition of a cannabis business owner.

(i)

Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

(j)

Tracking. Permit holders shall comply with any track and trace program established by the county and state agencies. Permit holders must maintain records tracking all cannabis and cannabis products and shall make all records related to commercial cannabis activity available to the county upon request.

(k)

Inspections. Premises shall be subject to inspections by appropriate local and state agencies, including but not limited to the Department of Agriculture/Weights and Measures and Permit and Resource Management Department. Premises shall be inspected at random times for conformance with the county code and permit requirements. The inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the permit holder to immediately cease operations.

(l)

Monitoring. Permit holders shall be subject to monitoring. A fee may be adopted by the board of supervisors and collected by the agency having jurisdiction or the county tax collector to pay for monitoring and enforcement.

(m)

Appeals. Appeals of any permit issuance or denial issued by the Department of Agriculture/Weights and Measures shall be subject to review and appeal procedures pursuant to Chapter 36. Appeals of any permit issuance or denial issued by PRMD shall be subject to review and appeal procedures pursuant to Chapter 26.

(n)

Exercise of Permit and Notification of Changes. Permits are issued to and held by the person engaged in commercial cannabis activity, and specific to the premises for which it was issued. A permit holder shall, at all times, have one (1) cannabis operator. Prior written notice must be provided to the agency having jurisdiction for any changes to ownership or cannabis operator, and any changes must comply with applicable code requirements. New cannabis operators shall be required to participate in an orientation and/or exam(s), as determined by the agency having jurisdiction. Permit holders shall notify the agency having jurisdiction prior to any of the following:

(1)

A new person meeting the definition of cannabis business owner of the permit holder.

(2)

Change in business entity type of the permit holder.

(3)

Change in legal business name of the permit holder.

(4)

A new person serving as operator of the permit holder.

(5)

A new property owner of the parcel on which the premises is located.

(o)

Permit Renewal. Applications for permit renewal may be administratively approved by the agency having jurisdiction only if:

(1)

The use has been conducted in accordance with this section, with the operation's approved plan, and with all applicable use permit conditions of approval;

(2)

There are no outstanding violations related to health, safety, land use, or tax; and;

(3)

The requirements of Section 26-92-040 are met.

(p)

Indemnification of County. At the time of submitting an application for a permit pursuant to Sections 26-88-250 through Section 26-88-256, the applicant, and, if different than applicant, the lawful owner(s) of the property on which applicant seeks approval to engage in any commercial cannabis activity, shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

Table 1A: Allowed Cannabis Uses and Permit Requirements for Agricultural and Resource Zones

Notes:

1 Commercial Cannabis Uses on properties with a Land Conservation (Williamson Act) Act Contract are subject to Uniform Rules for Agricultural Preserves.

2 Within existing previously developed areas, including hardscape, or legally established structures built (finaled) prior to January 1, 2016. No net increase in impervious surface.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis goods that the licensee has cultivated or manufactured.

Table 1B: Allowed Cannabis Uses and Permit Requirements for Commercial Zones

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

Table 1C: Allowed Cannabis Uses and Permit Requirements for Industrial Zones

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

2 Does not alter the already allowed uses and only formalizes the potential to request this combined state license type.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis of the licensee.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-250 to read as herein set out. Former § 26-88-250 was titled, "Commercial cannabis uses—Medical."

Sec. 26-88-252. - Enforcement.

(a)

Enforcement.

(1)

Enforcement of Violations. A violation of Sections 26-88-250 through 26-88-258 is subject to enforcement under Chapter 1.

(2)

Enforcing Officer. The Director and the Agricultural Commissioner are authorized to enforce the provisions of Sections 26-88-250 through 26-88-258 and serve as the enforcing officer for purposes of Chapter 1.

(b)

Suspension, Revocation or Modification.

(1)

Cause for Revocation. A permit, license or approval issued under Sections 26-88-250 through 26-88-258 may be suspended, revoked, or modified by the agency having jurisdiction, if the director or the agricultural commissioner determines any of the following:

a.

Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification;

b.

The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application; or

c.

A condition or standard of the permit has not been substantially fulfilled or has been violated.

(2)

Revocation Process. A suspension, revocation, or modification action taken by the department of agriculture/weights and measures is subject to prior notice and the opportunity for an administrative hearing. A suspension, revocation, or modification action taken by the permit and resource management department is subject to review and appeal procedures pursuant to Chapter 26.

(3)

Effect of Revocation.

a.

The revocation of a cannabis permit terminates the permit and the privileges granted by the permit.

b.

The permit holder and each person who meets the definition of cannabis business owner of the permit holder cannot apply for or be issued a permit for any commercial cannabis activity for at least two (2) years.

(Ord. No. 6322, § III(Exh. B), 9-1-2020; Ord. No. 6319, § III(Exh. B), 8-18-2020; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-202016)

Sec. 26-88-254. - Cannabis cultivation—commercial.

(a)

Purpose. This section establishes development criteria and operating standards for commercial cannabis cultivation as allowed by the base zone in compliance with Section 26-88-250, Commercial Cannabis Uses.

(b)

Applicability. This section shall apply to all commercial cannabis cultivation, including but not limited to, outdoor, indoor, and mixed light cultivation and associated drying, curing, grading, and trimming facilities including centralized processing facilities. Commercial cannabis cultivation operations shall comply with this section in addition to the requirements of Section 26-88-250, Commercial Cannabis Uses.

(c)

Permit Requirements. Commercial cannabis cultivation shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. Zoning permits for outdoor cultivation may be issued by the Department of Agriculture/Weights, and Measures. Zoning permits and use permits for all other cultivation activities shall be issued by the permit and resource management department. New structures, roads, and fences or conversion of existing structures or shipping containers, or similar structures, to cannabis cultivation shall be subject to design standards maintained by the review authority.

(d)

Limitations on Use. All cultivation shall be conducted and maintained in compliance with this section and the best management practices for cannabis cultivation issued by the agricultural commissioner. The Agricultural Commissioner shall establish and publish the applicable best management practices and shall enforce the provisions of this section for outdoor cultivation areas and management of pesticides and fertilizers for all cultivation types. Permanent structures used in cultivation shall be subject to permits issued by the permit and resource management department and other agencies having jurisdiction and shall be conducted and maintained in compliance with this code.

(e)

Multiple Permits. Multiple cultivation permit applications will be processed concurrently. Multiple cultivation permits may be issued to a single person, provided that the total combined cultivation area within the county does not exceed one (1) acre. For the purposes of this provision, the entire cultivation area of a permit shall be attributed in full to each person who meets the definition of cannabis business owner of the permit holder.

(f)

Development Criteria.

(1)

Minimum Lot Size. A minimum lot size of ten (10) acres is required for all commercial cannabis operations in the agricultural and resource zones (LIA, LEA, DA, RRD).

(2)

Multi-Tenant Operations. Multiple zoning permits may be issued on a single parcel provided that the aggregate cultivation area does not require a use permit per Table 1A-D Allowed Cannabis Uses and Permit Requirements.

(3)

Square Footage Limitations. The total combined square footage of the cultivation area shall not exceed the maximum size thresholds as defined in Table 1A-D Allowable Cannabis Uses and Permit Requirements which provides the maximum size per parcel.

(4)

Propagation and Vegetative Production Area.

a.

Vegetative and other non-flowering propagative cannabis plant material may be cultivated for on-site use, subject to land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements.

b.

Additional propagation and vegetative production area may be considered with a use permit, not to exceed twenty-five percent (25%) of the permitted cultivation area, provided this plant material is kept in a separate, unique area away from flowering plants.

(5)

Cannabis Processing. No more than nine (9) centralized cannabis processing facilities shall be permitted in agricultural zones within the unincorporated county at any one (1) time and shall be allowed to process cannabis from onsite and within the local area. All other processing is limited to on-site cultivation use only.

(6)

Property Setbacks - Outdoor. Outdoor cultivation areas and all structures associated with the cultivation shall not be located in the front yard setback area and shall be screened from public view. Outdoor cultivation areas shall not be visible from a public right of way. Outdoor cultivation areas shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties.

Outdoor cultivation sites shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(7)

Property Setbacks - Indoor. All structures used for indoor cultivation shall comply with the setbacks for the base zone and any applicable combining zone. Structures associated with cultivation shall not be located in the front yard setback area and shall be screened from public view. There shall be no exterior evidence of cultivation either within or outside the structure.

Indoor cultivation within agricultural and resource zones shall be setback a minimum of six hundred feet (600') from a school providing education to K-12 grades. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use.

(8)

Property Setbacks- Mixed Light. Mixed light structures shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties in agricultural and resource zones. Mixed Light structures in industrial zones shall be setback three hundred feet (300') from residences on surrounding properties.

perty Setbacks- Mixed Light. Mixed light structures shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties in agricultural and resource zones. Mixed Light structures in industrial zones shall be setback three hundred feet (300') from residences on surrounding properties.

Mixed light structures in all zones shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(9)

Airport Compatibility. All cannabis operations shall comply with the comprehensive airport land use plan.

(10)

Building Requirements. All structures used in commercial cultivation shall comply with all applicable sections of the county code.

(11)

Biotic Resources. Proposed cultivation operations, including all associated structures, shall require a biotic resource assessment at the time of application that demonstrates that the project is not located within, and will not impact sensitive or special status species habitat, unless a use permit is obtained. Any proposed cultivation operation, including all associated structures, located within adopted federal critical habitat areas must have either all appropriate permits from the applicable state and federal agencies with jurisdiction over the listed species, or a biotic assessment concluding that the project will not result in "take" of a protected wildlife species within the meaning of either the federal or California Endangered Species Acts.

(12)

Conversion of Timberland. Cannabis cultivation activities, including associated structures, may only be located within a non-forested area that was in existence prior to December 20, 2016, and there shall be no tree removal or timber conversions to accommodate cultivation sites, unless a use permit is obtained.

(13)

Property Setbacks - Riparian Corridor Stream Conservation Areas. Structures used for cultivation shall be located outside the Riparian Corridor Stream Conservation Areas (RC combining zone) and outside any designated Biotic Habitat area (BH combining zone). Outdoor cultivation areas shall conform to the agricultural Riparian Corridor setback set forth in Section 26-65-040. Outdoor cultivation areas shall conform to the wetland setback set forth in Section 36-16120, unless a use permit is obtained.

(14)

Cultural and Historic Resources. Cultivation sites shall avoid impacts to significant cultural and historic resources by complying with the following standards. Sites located within a historic district shall be subject to review by the landmarks commission, unless otherwise exempt, consistent with Section 26-68-020 and shall be required to obtain a use permit. Cultivation operations involving ground disturbing activities, including but not limited to, new structures, roads, water storage, trenching for utilities, water, wastewater, or drainage systems shall be subject to design standards and referral to the Northwest Information Center and local tribes. A use permit will be required if mitigation is recommended by the cultural resource survey or local tribe.

The following minimum standards shall apply to cultivation permits involving ground disturbance. All grading and building permits shall include the following notes on the plans:

If paleontological resources or prehistoric, historic-period or tribal cultural resources are encountered during ground-disturbing work at the project location, all work in the immediate vicinity shall be halted and the operator must immediately notify the agency having jurisdiction of the find. The operator shall be responsible for the cost to have a qualified paleontologist, archaeologist and tribal cultural resource specialist under contract to evaluate the find and make recommendations in a report to the agency having jurisdiction.

Paleontological resources include fossils of animals, plants or other organisms. Historic-period resources include backfilled privies, wells, and refuse pits; concrete, stone, or wood structural elements or foundations; and concentrations of metal, glass, and ceramic refuse. Prehistoric and tribal cultural resources include obsidian and chert flaked-stone tools (e.g., projectile points, knives, choppers), midden (culturally darkened soil containing heat-affected rock, artifacts, animal bone, or shellfish remains), stone milling equipment, such as mortars and pestles, and certain sites features, places, cultural landscapes, sacred places and objects with cultural value to a California Native American tribe.

If human remains are encountered, work in the immediate vicinity will stop and the operator shall notify the agency having jurisdiction and the Sonoma County Coroner immediately. At the same time, the operator shall be responsible for the cost to have a qualified archaeologist under contract to evaluate the discovery. If the human remains are determined to be of Native American origin, the Coroner must notify the Native American Heritage Commission within twenty-four (24) hours of this identification.

(15)

Farmland Protection. Where a commercial cultivation site is located within an agricultural zone (LIA, LEA, DA), the operation shall be consistent with General Plan Policy AR-4a. Indoor and mixed light cultivation facilities shall not remove agricultural production within important farmlands, including prime, unique and farmlands of statewide importance as designated by the state farmland mapping and monitoring program, but may offset by relocating agricultural production on a 1:1 ratio.

If the premises is located on a site under a Land Conservation Act (Williamson Act) contract, the use must comply with the Land Conservation Act contract, any applicable land conservation plan, and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones, including provisions governing the type and extent of compatible uses listed therein.

(16)

Fire Code Requirements. The applicant shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain any permits required from the fire and emergency services department. The fire prevention plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and fire break maintenance around all structures.

(17)

Grading and Access. Cultivation sites shall be prohibited on natural slopes steeper than fifteen percent (15%), as defined by Section 11-22-020, unless a use permit is obtained. Grading shall be subject to a grading permit in compliance with Chapter 11 of the county code.

(18)

Hazardous Materials Sites. No commercial cannabis activity shall be sited on a parcel listed as a hazardous materials site compiled pursuant to Government Code Section 65962.5, unless a use permit is obtained.

(19)

Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(20)

Runoff and Stormwater Control. Runoff containing sediment or other waste or by-products shall not be allowed to drain to the storm drain system, waterways, or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a storm water management plan and an erosion and sediment control plan, approved by the agency having jurisdiction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures pursuant to Chapter 11 of the county code. All cultivation operators shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion control and management of fertilizers and pesticides.

(21)

Security and Fencing. A site security plan shall be required. All site security plans shall be held in a confidential file, exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Security cameras shall be motion-sensor and be installed with capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels. Surveillance video shall be kept for a minimum of thirty (30) days. Video must use standard industry format to support criminal investigations. Lighting and alarms shall be installed to insure the safety of persons and to protect the premises from theft. All outdoor and mixed light cultivation sites shall be screened by non-invasive fire resistant vegetation and fenced with locking gates with a Knox lock. No outdoor or mixed light cultivation sites located on parcels adjacent to public parks shall be visible from trails or public access points. Razor wire and similar fencing shall not be permitted. Weapons and firearms at the cultivation site are prohibited. Security measures shall be designed to ensure emergency access in compliance with fire safe standards. All structures used for cultivation shall have locking doors to prevent free access.

(g)

Operating Standards.

(1)

Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by agencies having jurisdiction. The inspection shall be conducted during regular business hours.

(2)

Air Quality and Odor. All indoor and mixed light cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. All cultivation sites shall utilize dust control measures on access roads and all ground disturbing activities.

(3)

Energy Use. Electrical power for indoor cultivation, mixed light operations, and processing including but not limited to illumination, heating, cooling, and ventilation, shall be provided by any combination of the following: (i) on-grid power with one hundred percent (100%) renewable source; (ii) on-site zero net energy renewable source; or (iii) purchase of carbon offsets of any portion of power not from renewable sources. The use of generators for indoor and mixed light cultivation is prohibited, except for portable temporary use in emergencies only.

(4)

Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, above ground storage tanks, and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the fire prevention division, certified unified program agency (CUPA) of Sonoma County Fire and Emergency Services Department, or agricultural commissioner.

(5)

Hours of Operation. Outdoor harvesting activities and indoor or mixed light cultivation and processing activities may be conducted seven (7) days a week, twentyfour (24) hours per day as needed. Deliveries and shipping, and outdoor processing activities, shall be limited to the hours from 8:00 a.m. to 5:00 p.m., unless a use permit is obtained.

(6)

Noise Limits. Cultivation activities shall not exceed the general plan noise standards Table NE-2, measured in accordance with the Sonoma County noise guidelines.

(7)

Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California Agricultural Employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA, and the California Agricultural Labor Relations Act.

(8)

Waste Management. A waste management plan addressing the storing, handling, and disposing of all waste by-products of the cultivation and processing activities in compliance with the best management practices issued by the agricultural commissioner shall be submitted for review and approval by the agency having jurisdiction. The plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in compliance with best management practices and county standards. All garbage and refuse on the site shall be accumulated or stored in non-absorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on the site shall not be accumulated or stored for more than seven (7) calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste local enforcement agency. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access from the public.

(9)

Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic wastewater anticipated, as well as disposal. All cultivation operations shall comply with the best management practices issued by the agricultural commissioner and shall submit verification of compliance with the waste discharge requirements of the state water resource control board, or waiver thereof. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, graywater or bio-retention treatment systems. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.

(10)

Water Source. An on-site water supply source adequate to meet all on site uses on a sustainable basis shall be provided. Water use includes, but may not be limited to, irrigation water, and a permanent potable water supply for all employees. Trucked water shall not be allowed, except as provided below and for emergencies requiring immediate action as determined by the director. The onsite water supply shall be considered adequate with documentation of any one (1) of the following sources:

a.

Municipal Water: A municipal water supplier as defined in California Water Code Section 13575. The applicant shall provide documentation from the municipal water source that adequate supplies are available to serve the proposed use.

b.

Recycled Water: The use of recycled process wastewater or captured rainwater from an onsite use or connection to a municipal recycled water supply for nonpotable use, provided that an adequate on-site water supply is available for employees and other uses.

c.

Surface Water: An existing legal water right and, if applicable, a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife.

d.

Groundwater Well:

1.

The site is located in Groundwater Availability Zone 1 or 2, and not within an area for which a groundwater management plan has been adopted or within a high or medium priority basin as defined by the state department of water resources; or

2.

Within Groundwater Availability Zone 3 or 4, or an area for which a groundwater management plan has been adopted or designated high or medium priority basin, the proposed use would:

a.

The proposed use would not result in a net increase in water use on site through implementation of water conservation measures, rainwater catchment or recycled water reuse system, water recharge project, or participation in a local groundwater management project; or

b.

Trucked recycled water may be considered for the cultivation area with a use permit, provided that adequate on-site water supplies are available for employees and other uses; or

c.

A qualified professional prepares a hydro-geologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet the proposed uses and cumulative projected land uses in the area on a sustained basis, and that the operation will not:

1.

result in or exacerbate an overdraft condition in basin or aquifer;

result in reduction of critical flow in nearby streams; or

3.

result in well interference at offsite wells.

(11)

Groundwater Monitoring: Water wells used for cultivation shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be maintained in a calibrated state and documentation shall be submitted to the permit and resource management department at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the permit and resource management department by January 31 of each year. The annual report shall include water meter readings, the total quarterly quantities of water pumped from well(s) used in processing, and static water levels.

(12)

Groundwater Monitoring Easement: Prior to the issuance of any permit for commercial cannabis cultivation pursuant to this chapter, an easement is required to be recorded to provide Sonoma County personnel access to any on-site water well serving the proposed use and any required monitoring well to collect water meter readings and groundwater level measurements. Access shall be granted for this purpose Monday through Friday from 8:00 a.m. to 5:00 p.m. Easements conveyed to the county under this section shall be signed and accepted by either the director of permit and resource management or the agricultural commissioner. All easement language is subject to review and approval by the agency having jurisdiction and county counsel prior to recordation.

(Ord. No. 6436, § II, 6-6-2023; Ord. No. 6356, § II, 10-26-2021; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-254 to read as herein set out. Former § 26-88-254 was titled, "Cannabis cultivation—Commercial medical."

Sec. 26-88-256. - Cannabis dispensary uses.

(a)

Purpose. This section provides the location and operational standards for any cannabis dispensary within the unincorporated county in order to promote the health, safety, and general welfare of its residents and businesses.

(b)

Applicability. Cannabis dispensaries shall be permitted only in compliance with the requirements of this section, the requirements of Section 26-88-250, and all other applicable requirements of the underlying zoning district.

(c)

Permit Requirements. A use permit issued in compliance with Sections 26-92-070 and 26-92-080 shall be required for any cannabis dispensary. Cannabis dispensaries shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services. Cannabis dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

(d)

Limit on Number of Dispensaries. No more than nine (9) cannabis dispensaries shall be permitted within the unincorporated county at any one (1) time.

(e)

Compliance with Operating Plan and Conditions Required. A cannabis dispensary shall submit, as a part of the use permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, number of customers, hours and days of operation allowed and approved. The operating plan shall provide that the dispensary shall require, at a minimum, a photo identification for any person entering the site, as well as a doctor's written recommendation in compliance with state law, if applicable. Any cannabis dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the dispensary is consistent with protection of the health, safety and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

(f)

Location Requirements. Property setbacks for cannabis dispensaries shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis dispensary.

(1)

A cannabis dispensary shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet (100') of a residential zoning district.

(2)

A cannabis dispensary shall not be established within one thousand feet (1,000') of any other cannabis dispensary or a public park, nor within five hundred feet (500') from a smoke shop or similar facility.

(3)

A cannabis dispensary shall not be established within one thousand feet (1,000') from a school providing education to K-12 grades, childcare center, or drug or alcohol treatment facility.

(4)

Notwithstanding, the subsections (f)(1) and (2) may be waived by the review authority when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur.

(5)

A cannabis dispensary proposed within the sphere of influence of a city will be referred to the appropriate city for consultation.

(g)

Operating Standards. The following are the minimum development criteria and operational standards applicable to any cannabis dispensary use:

(1)

The building in which the dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements;

(2)

The dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan. The security plan shall remain confidential.

(3)

The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to design review committee review and approval. The planning director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting and landscaping, already meet the requirements of this section;

(4)

No exterior signage or symbols shall be displayed which advertises the availability of cannabis, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior;

(5)

If the dispensary denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the dispensary may be closed. Customer access to the premises shall be limited to individuals who are at least twenty one (21) years of age and individuals who are least eighteen (18) years of age with a valid doctor's recommendation. All individuals entering the site shall present a photo identification and shall establish proof of doctor's recommendation, if applicable, except as representing a regulatory agency. The operating plan submitted as a part of the use permit application shall specify how this provision will be complied with and enforced;

(6)

No dispensary shall hold or maintain a license from the state department of alcoholic beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises;

(7)

An exhaust and ventilation system shall be utilized to prevent off-site odors;

(8)

No dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the use permit. A dispensary may sell live starter plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis. A dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the department of health services. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods for personal cultivation but shall not include clothing, posters, or other promotional items;

(9)

No cannabis shall be consumed on the premises;

(10)

No dispensary may increase in size without amending the use permit. The size limitation shall be included in the operational plan required by Section 26-88-256(e), of this section;

(11)

Parking must meet the requirements of Section 26-86-010.

(12)

Operating days and hours shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m., including deliveries, or as otherwise allowed by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

(13)

Cannabis delivery services may only be allowed with a dispensary use permit.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(F)(Exh. A-3), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-256 to read as herein set out. Former § 26-88-256 was titled, "Medical cannabis dispensary uses."

Sec. 26-88-258. - Cannabis cultivation—Personal.

(a)

Purpose. This section establishes development criteria and operating standards for personal cannabis cultivation for medical or adult use.

(b)

Cultivation of cannabis for personal use shall be subject to the following standards and limitations as allowed in the base zone. These standards shall apply to all types of cannabis cultivation (indoor, outdoor, and mixed light) unless otherwise specified.

(1)

Residency Requirement. Cultivation of cannabis for personal use is limited to parcels with a residence and a full-time resident on the premises where the cultivation is occurring.

(2)

Maximum Personal Cultivation. Cultivation of cannabis for personal use is limited to no more than one hundred (100) square feet per residence, of which up to six (6) plants can be cultivated for adult use purposes.

(3)

Outdoor Personal Cultivation. Cannabis plants shall not be located in front and side yard setback areas and shall not be visible from a public right of way. Outdoor cannabis cultivation is prohibited on parcels with multi-family units or in the medium and high density residential zones (R2 and R3).

(4)

Indoor and Mixed-Light Personal Cultivation.

a.

Indoor and mixed light personal cultivation must be contained within an enclosed accessory structure, greenhouse, or garage. Cultivation within a structure approved for residential use as set forth in Chapter 7 of the county code is prohibited, unless there is no other feasible alternative location.

b.

Light systems shall be fully shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure.

(5)

Personal Cultivation Structures. All structures used for cultivation shall comply with the following:

a.

All structures (including greenhouses) used for cultivation must be legally constructed with all applicable permits such as grading, building, electrical, mechanical and plumbing.

b.

All structures associated with the cultivation shall not be located in the front yard setback area and shall adhere to the setbacks stated within the base zone. There shall be no exterior evidence of cannabis cultivation. Greenhouses shall be screened from the public right of way.

c.

All structures used for cultivation shall have locking doors or gates to prevent free access. All cultivation structures shall be equipped with odor control filtration and ventilation systems adequate to prevent odor, humidity, or mold.

d.

The use of generators is prohibited, except as emergency back-up systems.

(6)

All cultivation shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion and sediment control and management of fertilizers and pesticides.

a.

Individuals are prohibited from cannabis manufacturing using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as determined by the fire marshall.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(H)(Exh. A-4), 12-20-2016)

Article 89. - Affordable Housing Program Requirements and Incentives.[[36]]

Footnotes:

--- ( 36 ) ---

Editor's note— Ord. No. 6085, § IV(Exh. C), adopted Oct. 7, 2014, repealed the former Art. 89, §§ 26-89-010—26-89-110, and enacted a new article as set out herein. The former Art. 89 pertained to similar subject matter and derived from Ord. No. 5570, § 2, adopted 2005; Ord. No. 5711, § 4(Exh. C), adopted 2007; Ord. No. 5883, §§ V, VI, adopted March 30, 2010.

Sec. 26-89-010 - Purpose

The provisions of this Article are intended to:

A.

Implement the Housing Element of the General Plan and maintain consistency with the requirements of State Density Bonus Law (Government Code Section 65915 et seq.);

B.

Achieve a balanced community with a wide range of housing available for households of all income levels;

C.

Increase the supply of housing units available, accessible, and affordable for moderate-, low-, very low- and extremely low-income households who are most in need of housing, including housing for seniors, the disabled, large families, and other households with special housing needs, as defined in the Housing Element; D.

Address the need for affordable housing related to employment growth associated with new or expanded market rate housing development;

E.

Address the need for affordable housing related to employment growth associated with new or expanded nonresidential development;

F.

Ensure that the remaining developable land within the County is utilized in a manner consistent with the County's affordable housing goals, objectives, policies, and programs;

G.

Provide affordable housing units to serve varying housing needs and income levels that are compatible in character and quality with their surrounding neighborhoods; and

H.

Maintain the physical condition and affordability of units produced through the provisions of this Article over time.

(Ord. No. 6458, § XVII, 12-5-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-020 - Applicability

The provisions of this Article shall apply to all proposed residential projects, unless otherwise provided in this Article.

(Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-030 - Administration and General Requirements

A.

Administrative responsibility. The requirements and procedures of this Article shall be administered by the Department, and the Sonoma County Community Development Commission, hereafter referred to as the "CDC." The Board may adopt policies for the purposes of administering the Affordable Housing Program which policies may be amended from time to time.

B.

Affordable Housing Requirements. Unless otherwise exempt under Subsection 26.89.040 B. (Exempt projects), any person who constructs one or more residential units shall provide affordable housing through one of the following:

1.

On-site construction of affordable units in accordance with Subsections 26.89.040.C.1. (Ownership Projects), 26.89.040.C.2 (Condominium or Timeshare Projects), 26.89.040.C.3 (Rental Projects), or 26-89-045.C (On-site Construction of Units); or

2.

Payment of an affordable housing fee in accordance with Subsection 26.89.040.D (Affordable housing fee) or 26-89-045.D (Workforce housing fee); or

3.

An alternative equivalent action approved in accordance with Subsection 26.89.040.E (Alternative Equivalent Actions) or 26.89.045.E (Alternative Equivalent Actions).

C.

Calculation of base units, affordable units, and density bonus units. The following requirements apply to calculations performed in the administration of the provisions of this Article regarding base, affordable and density bonus units, except that calculations for a State law density bonus shall be as provided in the State Density Bonus Law.

1.

When calculating the number of base dwelling units allowed on the site in compliance with this Development Code, any decimal fraction shall be disregarded.

2.

Density bonus units are counted in the total when determining the number of affordable units required in a Rental or Ownership Housing Opportunity Area Program project.

3.

Density bonus units are not counted when determining the number of affordable or senior units required to qualify a project for a density bonus or incentives under the State density bonus program.

4.

When calculating the number of affordable or senior units required, any decimal fraction shall be counted as a whole unit, except as specifically provided by Subsection 26-89-040.E.

5.

When calculating the number of density bonus units to be granted to an applicant, a fractional unit shall be rounded up to the nearest whole number.

6.

An Accessory Dwelling Unit shall not be considered a base unit when calculating affordable housing, workforce housing, or density bonus program requirements, nor shall it be considered as an affordable unit except when meeting the affordable housing requirement for one (1) single-family home on one (1) single parcel, as provided in Subsection 26-89-040.C.5.c, or if provided under an Affordable Housing Agreement and approved as an Alternative Equivalent Proposal consistent with Subsection 26-89-040.E and the requirements of Section 26-89-070 (Design and Construction Standards).

D.

Design and construction standards. All affordable and senior housing units provided in compliance with this Article shall be designed and constructed in compliance with the standards in Section 26-89-070 (Design and Construction Standards).

E.

Affordable housing incentives. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may be entitled to incentives in compliance with Section 26-89-060 (Affordable Housing Incentives).

F.

Density bonus available. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may also qualify for a density bonus in compliance with Section 26-89-050 (Density Bonus Programs).

G.

Housing Proposal required.

Applicants for residential projects shall submit, with the initial project application, an Affordable Housing Proposal, which shall include a site plan and a detailed proposal statement describing how the project will comply with the provisions of this Article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

The Affordable Housing Proposal shall include a listing of the number, type, size, tenure, number of bedrooms, and proposed affordability level for each and every unit within the development.

3.

No application for any residential project shall be deemed complete until the Affordable Housing Proposal is submitted.

4.

Modifications to an existing application shall be considered a new application for the purposes of permit streamlining.

5.

The Affordable Housing Proposal shall be considered and acted upon by the review authority at the same time as the permit for the residential project that is the subject of the proposal.

6.

Project approvals and conditions shall incorporate the provisions of the Affordable Housing Proposal, as approved or modified by the review authority.

H.

Permit requirements. Implementation of the Affordable Housing Proposal shall be ensured through the following, as applicable:

1.

Discretionary permits. Each discretionary permit authorizing a residential project, including tentative maps, shall contain a condition detailing the actions required for compliance with this article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

Final or parcel maps. Each final map or parcel map shall bear a note indicating the method of compliance with the requirements of this Article, and stating that an Affordable Housing Agreement shall be recorded, fees paid, or alternative action undertaken in compliance with subsections Section 26-89-040.E (Alternative Equivalent Actions) or Section 26-89-040.F (Affordable Housing Fee) before issuance of a no building permit with respect to each parcel created by the map.

3.

Building Permits. Unless the unit is exempt under Subsection 26-89-040.B (Exempt Projects) or under State law, no building permit shall be issued for a residential unit until the applicant has demonstrated compliance with this Article through recordation of an Affordable Housing Agreement, through payment of fees, or through alternative equivalent action authorized in compliance with subsections 26-89-040.E (Alternative Equivalent Actions).

I.

Timing of construction. If a residential project will comply with the requirements of this Article through the construction of affordable housing units, whether on- or off-site, all required affordable units shall be constructed concurrent with, or before, the construction of the market rate units. If the County approves a phased project, the required affordable units shall be provided within each phase of the residential project in the same proportion as in the project as a whole.

J.

Housing agreement required for affordable units. If a residential project will comply with the requirements of this Article through the construction of affordable housing units on- or off-site, the property owner shall execute an Affordable Housing Agreement (in compliance with Section 26-89-100, Affordable Housing Agreements) before any of the following:

1.

Any ministerial action by the County with regard to the project;

2.

Recordation of a final map; or

3.

Issuance of a building permit for any unit within the project. The provisions contained within an Affordable Housing Agreement shall be enforceable by the County, and any violation of the agreements shall constitute a violation of this Code.

K.

Conflicts with State law. In any instance where a provision of this Article conflicts with State law, the State law shall govern.

(Ord. No. 6458, § XVIII, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-040 - Affordable Housing Requirements for Residential Development

A.

Applicability and requirements. Unless otherwise exempt under Subsection 26-89-040.B (Exempt Projects), any person who constructs or develops one (1) or more residential units, whether a single-family home, units in multi-family dwellings, or by condominium conversions or otherwise, shall provide affordable housing through one (1) or more of the following three (3) methods:

1.

On-site construction of the required affordable units. Provide the required affordable unit(s) on-site, in compliance with the Section 26-89-040.C (Minimum Requirements for Construction of Affordable Units On-Site);

Payment of affordable housing fee. Pay an affordable housing fee in compliance with Subsection 26-89-040.D (Affordable Housing Fee); or 3.

Alternative equivalent actions. Perform an alternative equivalent action in compliance with Subsection 26-89-040.E (Alternative Equivalent Action); which may be allowed to fulfill the affordable housing requirements of this Section if approved by the Director, at his or her sole discretion. B.

Exempt projects. The affordable housing requirements of this Section shall not apply to the following exempt projects and unit types: 1.

Project with vested rights. A project that demonstrates a vested right to proceed without complying with this Section.

Affordable units. Affordable units which are subject to an Affordable Housing Agreement.

Accessory dwellings. Accessory dwelling units and junior accessory dwelling units.

Agricultural related housing. Farm family units of up to 1,200 square feet, farmworker housing units of up to 1,200 square feet, and agricultural employee housing. 5.

Alternative housing. Homeless shelters, transitional housing, supportive housing, single room occupancy facilities, community care facilities, group homes, and similar State licensed care facilities. 6.

Dwelling unit destroyed by fire or natural catastrophe. Repair, reconstruction, or replacement of a legal dwelling unit that is destroyed by fire or natural catastrophe, provided that a Building Permit for repair, reconstruction, or replacement has been issued and construction begun within 10 years of destruction. 7.

Residential remodels and minor additions that add no more than 1,000 square feet. Remodels and additions that add no more than 1,000 square feet to existing, legal dwelling units that do not result in the creation of an additional unit.

Replacements. Replacement of an existing, legal dwelling unit where the total living area within the replacement unit is no more than 1,000 square feet greater than the living area within the unit being replaced.

Parcels with existing affordable units. The construction or establishment of one (1) new home on one (1) single parcel, in conjunction with an Accessory Dwelling Unit subject to an Affordable Housing Agreement, or a farm family unit or an agricultural employee dwelling unit of one thousand (1,000) square feet or less. 10. General exemption. Residential projects that can demonstrate that they will not contribute to the demand for affordable housing in the County or adversely impact the County's ability to meet its affordable housing needs.

C.

Minimum Requirements for Construction of Affordable Units On-Site. To satisfy the requirements of this Article through the construction of affordable units on-site, the following minimum standards must be met:

Number of Units: Ownership projects. To meet the requirements of this Article through construction of affordable units on-site within an ownership housing project, at least 20 percent of all new dwelling units shall be affordable, and shall be constructed and completed at the same time as the market rate units in the same project.

a.

Level of affordability required. At least one-half of the total number of required affordable units shall be provided as affordable to low-income households.

b.

Remaining affordable units. The remaining affordable units may be provided as affordable to households with moderate or low incomes.

c.

When number of units is an odd number. If the number of required affordable units is an odd number, the number of units affordable to moderate income households may be one greater than the number affordable to low-income households, so long as at least one low-income unit is provided.

2.

Number of Units: Condominium ortimeshare conversion projects. To meet the requirements of this Article through the provision of affordable units on-site within a project converting existing rental units or airspace parcels to condominium ownership, including common interest or timeshare projects, at least 30 percent of the converted units shall be offered for sale as affordable to low and very-low income households, as required by Housing Element Policy HE-1e or its subsequent equivalent.

3.

Number of Units: Rental projects. To meet the requirements of this Article through construction of affordable units on-site within a rental housing project at least 15 percent of all new rental units shall be affordable to low- and very low-income households; or, at least 10 percent of all new rental units shall be affordable to very low- and extremely low-income households, as follows:

a.

Allocation of Units—15 percent option. If the person constructing or developing a rental housing project proposes to satisfy the requirements of this Article by providing 15% of the units as affordable rental units, at least one-half of the total number of required affordable units shall be provided as affordable to very lowincome households. The remaining affordable units may be provided as affordable to low- or very low-income households. If the number of required affordable units is an odd number, the number of units affordable to low-income households may be one greater than the number affordable to very low-income households.

b.

Allocation of Units—10 percent option. If the person constructing or developing a rental housing project proposes to satisfy the requirements of this Article by providing 10% of the units as affordable rental units, at least one-half of the total number of affordable units shall be provided as affordable to extremely lowincome households. The remaining affordable units may be provided as affordable to very low-income or extremely low-income households. If the number of required affordable units is an odd number, the number of units affordable to very low-income households may be one greater than the number affordable to extremely low-income households.

c.

Timing. All affordable units provided pursuant to this subsection shall be constructed and made available for rent at the same time as the market-rate units within the remainder of the residential development.

4.

Affordable Housing Agreement. Upon approval of any project proposing to provide affordable units on-site in compliance with this Section, and before any further action by the County concerning the project, including the recording of a final map, or the issuance of a Building Permit, the property owner shall execute an affordable housing agreement in compliance with Section 26-89-100 (Affordable Housing Agreements). The affordable housing agreement shall be recorded concurrently with the final map, or before the issuance of a Building Permit, whichever occurs first.

5.

Fractional calculations. If calculating the number of units required by Subsection 26-89-030C. (Calculation of base units, affordable units, and density bonus units) or Subsection 26-89-040C. (Minimum Requirements for Construction of Affordable Units On-Site). results in a fractional unit requirement, the applicant may satisfy that fractional requirement by:

a.

Construction of an additional affordable unit;

b.

On qualifying agricultural parcels, construction or conversion of a unit to a farm family or farmworker unit containing not more than one thousand (1,000) square feet of living area, or agricultural employee housing containing at least two (2) beds in compliance with Section 26-18-030. Farm family and farmworker units may be constructed to satisfy a fractional requirement under this Subparagraph only, and shall not otherwise be considered an affordable unit for the purposes of meeting the affordable unit requirements of this Article; or

c.

On parcels eligible for an accessory dwelling unit, construction or conversion of an existing unit to an accessory dwelling unit pursuant to 26-88-060 (Accessory Dwelling Units). Accessory dwelling units may be constructed to defer payment of the affordable housing fee that would otherwise be due for the construction of one (1) new single-family home on one (1) single parcel only, provided that an Affordable Housing Fee Deferral Agreement, in a form acceptable to County Counsel, is signed by the property owner and recorded to ensure that the unit will remain available for rent to a qualified low-income household at an affordable rent. The fee will be automatically deferred in each year that the second dwelling unit continues to be made available for rent under the terms of the Affordable Housing Fee Deferral Agreement. Should the property owner cease renting the unit, or otherwise fail to comply with the terms of the Fee Deferral Agreement, then the affordable housing fee in effect at the time will be immediately due and payable to County and a Notice of Cancellation of the Affordable Housing Fee Deferral Agreement shall be recorded. In this case, credit shall be given for each year that the unit has been rented to a low income household at an affordable rent in compliance with the Agreement, with the term for being thirty (30) years. Any remaining portion of the term may be met through payment of the remaining prorated affordable housing fee, using the fee amount in effect at the time that the owner ceases renting the unit. Provision of an accessory dwelling unit shall not otherwise be considered as meeting the affordable unit requirements of this article. In cases involving the subdivision of property, provision of a separate accessory dwelling unit on each parcel may meet the affordable unit requirement of this article only for each parcel upon which an accessory dwelling unit is placed and a covenant recorded to ensure that the unit will remain available for rent.

D.

Affordable housing fee. When the requirements of this Article are met through the payment of an affordable housing fee, payment shall be made in accordance with the following:

1.

Determination of fee. The amount and calculation of affordable housing fees shall be established by resolution of the Board. Thereafter, the affordable housing fees shall be increased or decreased annually by the percentage change in the Construction Cost Index for the San Francisco Bay Area for the prior year, as reflected in the third quarter Engineering News Record. The affordable housing fee shall be automatically adjusted, and a new schedule published by the Director effective on January 1[st ] of each year. This adjustment will offset the effects of inflation related to construction cost increases or deflation-related cost decreases. If the Construction Cost index is discontinued, the Director shall use a comparable index for determining the changes in the median home costs for the County. The fee shall be periodically reviewed and updated at least every five years.

2.

Timing of payment. The affordable housing fees shall be calculated at the time of Building Permit application. The fee shall be paid at the time of the wallboard inspection for each non-exempt residential unit, unless proof is provided that the required affordable housing units will be constructed on site; that an alternative equivalent action was previously approved in compliance with Subsection 26-89-040.E (Alternative Equivalent Actions); or that a fee deferral agreement in compliance with Section 26-89-040.C.5.c has been granted.

3.

Affordable Housing Fee Trust Fund Guidelines. There shall be established a separate account for affordable housing fees within the County Fund for Housing (CFH) as may be necessary to avoid commingling as required by law, or as deemed appropriate to further the purposes of the affordable housing fees. The County's use of the affordable housing fees, along with any interest earnings, shall comply with all of the following requirements.

a.

Affordable housing fees deposited in the CFH, along with any interest earnings, shall be allocated for uses that increase and improve the supply of housing affordable to households of extremely low-, very low-, low-, and moderate incomes, including:

(1)

The acquisition of property and property rights; and

(2)

The cost of construction including costs associated with planning, administration, and design, building or installation, development fees, on- and off-site improvements, and any other costs associated with the planning, predevelopment, permitting, construction and financing of affordable housing.

b.

Monies may also be used to cover administrative expenses incurred by the Department or the CDC in connection with affordable housing and not otherwise reimbursed through processing and other fees, including:

(1)

Reasonable consultant and legal expenses related to the establishment and/or administration of the affordable housing fee account;

(2)

Reasonable expenses for administering the process of calculating, collecting, and accounting for affordable housing fees authorized by this Section; and

(3)

County and CDC administrative costs for project development, permitting, post development compliance, and the ongoing monitoring of affordable housing projects constructed with affordable housing fee trust funds.

c.

Adequate cost accounting procedures shall be utilized and documented for all of the expenditures.

d.

No portion of the collected affordable housing fees shall be diverted to other purposes by way of loan or otherwise.

E.

Alternative equivalent actions. The Director may, at his or her sole discretion, approve an alternative equivalent action to the provision of the affordable units onsite or payment of the affordable housing fee, as follows.

1.

Scope of alternative proposals. Proposals for an alternative equivalent action may include:

a.

The dedication of vacant land (see Subsection 26-89-040.E, Standards for land dedications);

b.

The construction of affordable rental or ownership units on another site within the unincorporated area of the County; or

c.

The acquisition and enforcement of rental or sales price restrictions on existing market rate dwelling units in compliance with this Article.

2.

Content of proposal. A proposal for an equivalent alternative action shall show how the requested alternative action will further affordable housing opportunities in the County to an equal or greater extent than the provision of the affordable housing units on-site in compliance with Subsection C. (Number of affordable units required), or payment of the affordable housing fee in compliance with Subsection 26-89-040.D (Affordable housing fee).

3.

Review and approval. Only the Director can approve an alternative equivalent action under this Section. A proposal for an alternative equivalent action may be approved by the Director only if the Director finds that the alternative action will further affordable housing opportunities in the County to an equal or greater extent than the construction of the required affordable units as part of the project or payment of the affordable housing fee, as applicable.

4.

Performance of alternative action. After approval by the Director of a proposal for an alternative action, entitlements for that alternative action shall be processed concurrent with the market-rate project. If the alternative action includes construction of affordable units on another site or the acquisition and enforcement of rental/sales price restrictions on existing market rate units, an Affordable Housing Agreement in compliance with Section 26.89.100 (Affordable Housing Agreements) shall be recorded for each of those units before recordation of any final map for, or issuance of any building permit related to, the market-rate project, and the affordable units shall be constructed or acquired concurrent with, or before, the construction of the market rate units.

5.

Standards for land dedications.

a.

Offers of dedication. An applicant who proposes to dedicate land located within the unincorporated area of the County as a means of satisfying the requirements of this Article shall offer the land dedication as a part of the initial application for project approval. The applicant's offer shall describe the site, shall offer it for dedication at no cost to the County, and shall include a site plan illustrating the feasibility of locating and constructing the number of affordable units for which the applicant is requesting credit.

b.

Site suitability and appraisal.

(1)

The applicant shall provide a site suitability analysis which demonstrates that the land proposed for dedication is suitable for the development of affordable housing in terms of size, location, General Plan land use designation, availability of services, proximity to public transit, adjacent land uses, access, physical characteristics and configuration, and other relevant planning criteria. Department staff shall evaluate the site suitability analysis, identify the site's projected unit capacity, and recommend to the review authority whether the site should be accepted or conditionally accepted. An environmental evaluation may be required as a part of the site suitability analysis.

(2)

The applicant shall provide an appraisal of the land proposed for dedication. The appraisal shall be prepared by a qualified land appraiser and shall conform to the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation.

(3)

All County staff costs associated with the determination of site suitability, and all expenses incurred to determine legal status of the site, to perform environmental assessments and to obtain an appraisal, shall be borne by the applicant.

c.

Calculation of credit for dedication of land. Following review of the appraisal and site suitability analysis, the County shall determine the extent to which the dedication shall satisfy the requirements of this Article as follows:

(1)

The County shall offer to credit the applicant for the land dedication only to the extent that the appraised value of the land to be dedicated equals the full development cost of providing the required affordable units under Subsection 26-89-040.C.1 (Number of units: Ownership projects), subsection 26-89-040.C.2 (Number of units: Condominium or timeshare conversion projects) or Subsection 26-89-040.C.3 (Number of units: Rental projects), including both land costs and construction costs.

(2)

If the appraised value of the land is less than the total projected development cost for the number of affordable units required under Subsection 26-89-040.C.1 (Number of units: Ownership projects), Subsection 26-89-040.C.2 (Number of units: Condominium or timeshare conversion projects), or Subsection 26-89-040.C.3 (Number of units: Rental projects), the applicant will be credited with only the number of affordable units for which development costs are covered by the value of the land.

(3)

The applicant shall agree to satisfy any remaining obligations under this Article by providing additional affordable units on the project site, or paying applicable affordable housing fees.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6458, § XIX, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6129, § IIIA(Att. B), 8-18-2015; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-045 - Workforce Housing Program Requirements

A.

Applicability and requirements. Unless otherwise exempt under Subsection 26-89-045.B (Exempt projects), any person who constructs new or expanded nonresidential development, shall contribute to the County's affordable housing program through one (1) or more of the following three (3) methods:

1.

On-site construction of the required affordable units. Provide the required affordable unit(s) on-site, in compliance with Subsection 26-89-045.C (On-site Construction of Units) as allowed by the underlying zone district (i.e., mixed use, work/live);

2.

Payment of workforce housing fee. Pay the workforce housing fee in compliance with Subsection 26-89-045.D (Workforce housing fee); or

3.

Alternative equivalent actions. Perform an alternative equivalent action in compliance with Subsection 26-89-045.E (Alternative equivalent actions); which may be allowed to fulfill the affordable housing requirements of this Section if approved by the Director, at their sole discretion.

B.

Exempt projects. The affordable housing requirements of this Section shall not apply to the following exempt projects:

1.

Project with vested rights. A project that demonstrates a vested right to proceed without complying with this Section.

2.

Public and nonprofit projects. Public projects and nonprofit projects which provide a public benefit to the community.

3.

Small projects and additions. Projects and additions of less than 2,000 square feet in total gross floor area.

4.

Floor area discount. The requirements of this Section shall not apply to the first 2,000 square feet of nonresidential floor area in all new developments.

5.

Structures destroyed by fire or natural catastrophe. Repair, reconstruction, or replacement of a legal nonresidential structure that is destroyed by fire or natural catastrophe, provided that a Building Permit for repair, reconstruction, or replacement has been issued and construction begun within 10 years of destruction.

6.

Nonresidential replacements or remodels. Remodels or replacements to existing, legal structures that do not result in the creation of additional floor area.

7.

Do not contribute to the demand for affordable housing. Projects that clearly do not contribute to the demand for affordable housing (e.g., unmanned utility structures, parking garages, and agricultural exempt structures).

C.

On-Site Construction of Units. To satisfy the requirements of this Section through the construction of affordable units on-site, the following minimum standards must be met:

1.

Number of affordable units required. To satisfy the requirements of this Section through on-site construction, affordable housing units must be constructed on-site in compliance with the Table 1 (Number of affordable units required), below:

2.

Level of affordability required. At least one-half of the total number of required affordable units shall be provided as affordable to very low-income households. The remaining affordable units may be provided as affordable to households with low incomes.

If the number of required affordable units is an odd number, the number of units affordable to low-income households may be one greater than the number affordable to very low-income households, so long as at least one very low-income unit is provided.

TABLE 1

NUMBER OF AFFORDABLE UNITS REQUIRED

Notes:

1. For purposes of this table, the floor area excludes all garage areas permanently allocated for employee or customer vehicle parking.

2. All fractional units shall be rounded up to the nearest whole number.

3.

Affordable Housing Agreement. Upon approval of any nonresidential project proposing to provide affordable units on-site in compliance with this Section, and before any further action by the County concerning the project, including the recording of a final map, or the issuance of a Building Permit, the property owner shall execute an affordable housing agreement in compliance with Section 26-89-100 (Affordable Housing Agreements). The affordable housing agreement shall be recorded concurrently with the final map, or before the issuance of a Building Permit within the project, whichever occurs first.

4.

Timing of Construction of Units. Proposed affordable units shall be constructed on site concurrent with, or before, the construction of the nonresidential project. No occupancy of any portion of the nonresidential project shall be granted until occupancy of the affordable residential units is granted.

5.

Fractional units. If calculating the number of units required by this Section results in a fractional unit requirement, the applicant may satisfy that fractional unit requirement by:

a.

Constructing an additional affordable unit;

b.

Paying an fee in compliance with Subsection 26-89-045.E (Workforce housing fee); or,

c.

Performing an alternative equivalent action approved by the Director in compliance with Subsection 26-89-045.E (Alternative equivalent actions).

D.

Workforce housing fee. To satisfy the requirements of this Section through the payment of a fee, payment shall be made in accordance with the following:

1.

Determination of fee. The amount of the workforce housing fee shall be established by resolution of the Board. Thereafter, the workforce housing fee shall be increased or decreased annually by the percentage change in the Construction Cost Index for the San Francisco Bay Area for the prior year, as reflected in the third quarter Engineering News Record. The workforce housing fee shall be automatically adjusted, and a new schedule published by the Director, effective on January 1 st of each year. This adjustment will offset the effects of inflation related to construction cost increases or deflation-related cost decreases. If the Construction Cost index is discontinued, the Director shall use a comparable index for determining the changes in the median home costs for the County. The fee shall be periodically reviewed and updated at least every five years to reflect any changes in the need for affordable housing resulting from new nonresidential development.

2.

Timing of payment. The workforce housing fee shall be calculated at the time of Building Permit application. The fee shall be paid at the time of issuance of the Building Permit for each nonresidential project, unless proof is provided that the required affordable housing units will be constructed on-site or that an alternative equivalent action was previously approved in compliance with Subsection 26-89-040.F.

3.

Workforce Housing Fee Trust Fund Guidelines. There shall be established a separate account for workforce housing fees within the County Fund for Housing (CFH) as may be necessary to avoid commingling as required by law, or as deemed appropriate to further the purposes of the workforce housing fees. The County's use of the workforce housing fees, along with any interest earnings, shall comply with all of the following requirements.

a.

Workforce housing fees deposited in the CFH, along with any interest earnings, shall be allocated for uses that increase and improve the supply of housing affordable to households of extremely low-, very low-, low-, and moderate incomes, including:

(1)

The acquisition of property and property rights for the construction of affordable housing; and

(2)

The cost of construction including costs associated with planning, administration, and design, building or installation, development fees, on- and off-site improvements, and any other costs associated with the planning, predevelopment, permitting, construction and financing of affordable housing.

b.

Monies may also be used to cover administrative expenses incurred by the Department or the CDC in connection with affordable housing and not otherwise reimbursed through processing and other fees, including:

(1)

Reasonable consultant and legal expenses related to the establishment and/or administration of the workforce housing fee account;

(2)

Reasonable expenses for administering the process of calculating, collecting, and accounting for workforce housing fees authorized by this Section; and

(3)

County and CDC administrative costs for project development, permitting, post-development code compliance, and the ongoing monitoring of affordable housing projects constructed with workforce housing fee trust funds.

c.

Adequate cost accounting procedures shall be utilized and documented for all of the expenditures.

d.

No portion of the collected workforce housing fees shall be diverted to other purposes by way of loan or otherwise.

E.

Alternative equivalent actions. The Director may, in his or her sole discretion, approve an alternative equivalent action to the provision of the affordable units on site or payment of the workforce housing fee, as follows.

1.

Scope of alternative proposals. Proposals for an alternative equivalent action may include:

a.

The dedication of vacant land (see Subsection 26-89-045.F.5 Standards for land dedications);

b.

The construction of affordable rental or ownership units on another site within the unincorporated area of the County;

c.

The acquisition and enforcement of rental/sales price restrictions on existing market rate dwelling units in compliance with this Article; or

d.

Employer based programs providing direct subsidy to qualified employees, including mortgage buy-downs or rental assistance that provides long-term affordability.

2.

Content of proposal. A proposal for an equivalent alternative action shall show how the requested alternative action will further affordable housing opportunities in the County to an equal or greater extent than the provision of the affordable housing units on site in compliance with Subsection 26-89-045.C.1 (Number of affordable units required), or payment of the workforce housing fee in compliance with Subsection 26-89-045.D (Workforce housing fee).

3.

Review and approval. Only the Director can approve an equivalent alternative action under this Section. A proposal for an alternative equivalent action may be approved by the Director only if the Director finds that the alternative action will further affordable housing opportunities in the County to an equal or greater extent than the construction of the required affordable units as part of the project or payment of the workforce housing fee.

4.

Performance of alternative action. After approval by the Director of a proposal for an alternative action, entitlements for that alternative action shall be processed concurrent with the nonresidential projects. If the alternative action includes construction of affordable units on another site or the acquisition and enforcement of rental/sales price restrictions on existing market rate units, an Affordable Housing Agreement in compliance with Subsection 26.89.100 shall be recorded for each of those units before recordation of any final map for, or issuance of any building permit related to, the nonresidential project, and the affordable units shall be constructed or acquired concurrent with, or before, the construction of the nonresidential project.

5.

Standards for land dedications.

a.

Offers of dedication. An applicant who proposes to dedicate land located within the unincorporated area of the County in lieu of constructing the affordable units required by this Section shall offer the land dedication as a part of the initial application for project approval. The applicant's offer shall describe the site, shall offer it for dedication at no cost to the County, and shall include a site plan illustrating the feasibility of locating and constructing the number of required affordable units for which the applicant is requesting housing fee credit.

b.

Site suitability and appraisal.

(1)

The applicant shall provide a site suitability analysis which demonstrates that the land proposed for dedication is suitable for the development of affordable housing in terms of size, location, General Plan land use designation, availability of services, proximity to public transit, adjacent land uses, access to streets and walkways, physical characteristics and configuration, and other relevant planning criteria. Department staff shall evaluate the site suitability analysis, identify the site's projected unit capacity, and recommend to the review authority whether the site should be accepted or conditionally accepted. An environmental evaluation may be required as a part of the site suitability analysis.

(2)

The applicant shall provide an appraisal of the land proposed for dedication. The appraisal shall be prepared by a qualified land appraiser and shall conform to the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation.

(3)

All County staff costs associated with the determination of site suitability, and all expenses incurred to determine legal status of site, to perform environmental assessments and to obtain an appraisal, shall be borne by the applicant.

c.

Number of units credited to dedication of land. Following review of the appraisal and site suitability analysis, the County shall determine the number of required affordable housing units for which the applicant will receive credit upon dedication of the site.

(1)

The County will offer to credit the applicant for the land dedication only to the extent that the appraised value of the land to be dedicated equals the full development cost of providing the required affordable units including both land costs and construction costs.

(2)

If the appraised value of the land is less than the total projected development cost for the number of affordable units required, the applicant will be credited with only the number of affordable units for which development costs are covered by the value of the land.

(3)

The applicant shall agree to provide any remaining affordable units required by this Section on the project site, or to pay the applicable workforce housing fee for the remaining number of required units.

d.

Procedure for acceptance of site. The County shall not accept an offer of dedication or approve the proposed nonresidential project until all of the conditions of acceptance of the land, if any, have been completed by the applicant. The County's formal acceptance of the offer of dedication shall take place concurrently with its approval of the nonresidential project. The grant deed dedicating the site to the County, or to a developer of affordable housing approved by the County, shall be recorded before issuance of any building permit related to the nonresidential project.

(Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-050 - Density Bonus Programs.

A.

Applicability.

1.

A project that is proposed to provide affordable housing units or to provide land for the affordable housing units, and which meets or exceeds the minimum thresholds of affordability specified below, may request a density bonus in compliance with one of the applicable density bonus programs provided by this Section.

2.

Only one density bonus program may be applied to each project.

3.

Density bonus programs shall not be applied to General Plan and Zoning Database amendments, but rather may be approved only in conjunction with a development permit (i.e., tentative map, parcel map, Conditional Use Permit, or Design Review).

B.

Application requirements. The density bonuses provided by this Section shall be granted by the County only after the filing and approval of an application, as follows.

1.

Application filing. The applicant shall file with the Department an application for a density bonus and other incentives in compliance with this Section either before, or concurrent with, the submittal of an application for discretionary project approval (for example, a tentative map, parcel map, conditional use permit or design review). Modifications to an existing application for a density bonus shall be considered a new application.

2.

Application requirements. An application shall include all of the following information:

a.

A detailed development plan and description of the proposed project, including a Housing Proposal in compliance with Subsection 26-89-030.G. (Housing Proposal Required) outlining the number, type, size, tenure, number of bedrooms and proposed affordability level for each and every unit within the development;

b.

The density bonus program under which the application is filed (e.g., State density bonus program, Supplemental density bonus program, Mixed use project density bonus, Rental Housing Opportunity Area Program, or Ownership Housing Opportunity Area Program);

c.

The type of density bonus incentive requested, of those listed in Section 26-89-060 (Affordable Housing Incentives);

d.

If more than one (1) incentive is requested in compliance with Subsection 26-89-060.B. (Affordable Housing Incentives: Additional Incentives), a statement of why the project is eligible for the additional incentives. Eligibility for the additional incentive may be shown by establishing that the project is in compliance with Subsection 26-89-060.B.1., that the project meets other Housing Element goals (e.g., provision of housing for seniors, special housing needs individuals, and/or other goals), and/or that the additional incentive is necessary to improve the financial feasibility of the development and to allow the applicant to provide additional affordability or affordability for a longer term;

e.

Any other information deemed necessary by the Director to allow a complete evaluation of the application.

3.

Consideration of application. An application for a density bonus shall be considered and approved only as an integral part of the County's approval of a discretionary development permit for the project (i.e., at the time of approval of a subdivision, Conditional Use Permit, Design Review, or other required land use permit). The project approval shall identify the density bonus and other incentive(s) that the County has granted the applicant, and any waiver or modification of standards that may have been approved for the project.

C.

State density bonus program. The State density bonus program includes the density bonuses and other incentives and concessions that are provided by the state density bonus law (Government Code Section 65915 et seq.) Qualification requirements, the amount of density bonus and the number and type of incentives shall be determined as provided in the State density bonus law.

D.

County supplemental density bonus program.

1.

In addition to the incentives provided by Section 26-89-060 (Affordable Housing Incentives), a residential project of five or more base units shall be eligible for a density bonus of up to 50 percent above the maximum density allowed by the General Plan and zone district, if the project provides a total of:

a.

10 percent or more of the base units for extremely low-income households;

b.

20 percent or more of the base units for very low-income households;

c.

30 percent or more of the base units for low-income senior households;

d.

30 percent or more of the base units for low-income households, with 10 percent or more of those base units provided as fully accessible units for low-income disabled households;

e.

30 percent or more of the base units for low-income households, with 10 percent or more of those base units provided as large rental units with three or more bedrooms for low-income large family (5 or more persons) households; or

f.

40 percent or more of the base units for low-income households, or

g.

A state density bonus program-qualifying project for very-low or low-income households that also provides 33 percent or more of the total project units as powered by on-site renewable energy systems capable of generating at least 70 percent of the projected electrical energy demand of the units or results in an equivalent reduction in utility costs; or

h.

Thirty percent (30%) or more of the base units for low-income households, with one hundred percent (100%) of the total project units providing at least the basic tenets of universal design (stepless entry and thresholds, complete single floor living area with 32-inch doorways, and environmental controls at accessible heights).

E.

Housing Opportunity Program bonuses.

1.

Rental Housing Opportunity Program requirements. Rental housing projects consisting of two (2) or more base dwelling units may qualify for the Rental Housing Opportunity program.

a.

Rental Housing Opportunity areas established. Housing opportunity areas for rental housing may be established in locations designated by the General Plan Land Use Maps as:

(1)

Urban Residential, six (6) to twelve (12) dwelling units per acre, that are zoned R-2 (Medium Density Residential); and

(2)

Urban Residential twelve (12) to twenty (20) dwelling units per acre, that are zoned R-3 (High Density Residential).

b.

Rental housing project density increase. A rental project that is allowed two (2) or more dwelling units by the applicable zone district may be constructed at up to twice the base density, provided that a minimum of forty percent (40%) of the total units within the project will be provided as affordable for rent to very low-or low-income households, and further provided that in no case may the total density exceed that shown in Table 4, below.

c.

Rental Housing Opportunity development standards. A Rental Housing Opportunity development shall comply with all of the development standards established by this Development Code for the R3 (High Density Residential) zone district.

Table 4

MAXIMUM ALLOWABLE DENSITY

2.

Ownership Housing Opportunity Area Program requirements. Only residential projects consisting of four (4) or more base dwelling units may qualify for the Ownership Housing Opportunity Area Program,

a.

Ownership Housing Opportunity Areas established. Ownership Housing Opportunity Areas may be established in locations identified by the General Plan as Urban Residential with a density of two (2) to six (6) dwelling units per acre, and that are zoned R-1 or R-2.

b.

Ownership Housing Project Opportunity Area density increase. An Ownership Housing Opportunity Area project that is allowed four (4) or more dwelling units by the applicable zone district may be approved for development as a small-lot subdivision at a density of up to eleven (11) dwelling units per acre if:

(1)

The site is designated by the General Plan Land Use Map with a density of two (2) to six (6) dwelling units per acre;

(2)

A minimum of twenty percent (20%) of the units are reserved for sale to very low- or low-income households; and

(3)

The remainder of the units are reserved for sale to low- and moderate-income households.

c.

Ownership Housing Opportunity Area Project development standards. An ownership housing development shall comply with all of the following standards.

(1)

Parcel configurations and sizes. The parcel configurations within an Ownership Housing Opportunity Area development may include zero lot-line parcels, angled Z lots, zipper lots, flag lots, alternate width parcels, quad lots, and motor court lots. Parcel sizes may range from two thousand (2,000) to six thousand (6,000) square feet or more. A variety of parcel configurations and parcel sizes shall be provided in a development on any site larger than three (3) acres.

(2)

Allowable floor area ratio. Allowable dwelling size shall be based on parcel area. Actual house sizes, as well as parcel sizes, in a proposed development plan may vary so long as the averages shown in Table 5, below, are maintained. "Dwelling size" refers to the gross living area of the primary dwelling only; storage sheds, garages, carports, covered patios, and decks are not included in the gross living area.

Table 5

DWELLING SIZE

Note: All quantities are in square feet of floor area (can be interpolated).

How to Use the Table. First, determine the average parcel size of the single-family parcels in the proposed development. Next, determine the allowable average dwelling size of the single-family dwellings in the proposed development. The average dwelling size shall not be greater than shown in the table.

(3)

Subsequent expansions or additions. Subsequent expansions or additions to dwelling units, if not shown on the development plan, may be allowed in the future only where the proposed expansion is within a designated building envelope shown on the development plan.

(4)

Setback/yard requirements. Setbacks and yards shall be provided in compliance with the standards of the R-3 zone district.

(a)

Setbacks for all proposed and possible future structures or additions shall be designated on the development plan.

(b)

Front yard setbacks shall be varied.

(c)

A garage or carport with a vehicle entrance facing the street shall be set back a minimum of 20 feet from the rear of the public sidewalk, or 20 feet from the property or adopted street plan line, whichever is greater.

(5)

Private open space requirement. Each dwelling unit or parcel shall be designed to provide a minimum of 400 square feet of usable private open space.

(6)

Maximum structure height. The maximum height of structures is 35 feet.

(7)

Maximum coverage. Maximum allowable structure coverage is 65 percent. The use of alternative permeable surfaces is strongly encouraged for driveways, walkways, and patios wherever feasible in order to maintain or enhance groundwater absorption and recharge.

d.

Alternatives to development standards. An applicant for an Ownership Housing Opportunity Area project may propose alternatives to the development standards in Subsection 26-89-050.E.2 above, provided that in no case shall the residential density exceed eleven (11) units per acre. Conditional use permit approval shall be required to authorize alternative development standards. A conditional use permit application for alternative standards shall be processed concurrently with the required design review and subdivision applications.

(Ord. No. 6458, § XX, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-060 - Affordable Housing Incentives

A residential project that provides affordable housing onsite in compliance with the affordable housing requirements of Section 26-89-040 (Affordable Housing Requirements for Residential Development), or the requirements of a density bonus program under Section 26-89-050 (Density Bonus Programs), may be granted incentives in compliance with this Section.

A.

Guaranteed Incentives. The following incentives are guaranteed for each residential project providing on-site affordable housing in compliance with Subsection 2689-040.C (Affordable Housing Requirements: Minimum Requirements for Construction of Affordable Units On-Site), Subsection 26-89-050.C (State density bonus program), Subsection 26-89-050.D (County supplemental density bonus program), or Subsection 26-89-050.F (Housing Opportunity Area Program bonuses):

1.

"Fast-tracking" of land use permit, subdivision, and construction permit applications for the affordable housing development by all County departments, provided that an affordable rental project shall have priority over an affordable ownership project;

2.

Concurrent processing, where projects require multiple permits or environmental review; and

Preference to affordable housing developments in priority development areas.

B.

Additional Incentives.

1.

In addition to the incentives guaranteed under Subsection 26-89-060.A, the review authority shall also grant one (1) of the following incentives to each residential project providing on-site affordable housing in compliance with Section 26-89-040.C (Affordable Housing Requirements: Minimum Requirements for Construction of Affordable Units On-Site), Section 26-89-050.C (State density bonus program), 26-89-050.D (County supplemental density bonus program), or Section 26-89050.F. (Housing Opportunity Area Program bonuses):

a.

Elimination of covered parking requirements;

b.

A 20 percent reduction of any open space requirements;

c.

A 20 percent reduction of the minimum parcel size or minimum parcel width;

d.

A five-foot reduction in side yard setbacks and a 10-foot reduction in front yard setbacks, provided that adequate access to light is maintained for all units as determined by Design Review; and further provided that no front yard setback shall be less than 10 feet, no garage shall be set back less than 20 feet, and adequate sight distance is maintained; or

e.

Allowance of other regulatory incentives or measures that can be shown to result in identifiable and actual cost reductions.

2.

In addition to the incentives guaranteed under Subsection 26-89-060.A, the review authority shall grant two (2) incentives under this Subsection 26-89-060.B to each residential project that provides:

a.

30 percent of the base units for low-income households;

b.

15 percent of the base units for very low-income households; or

c.

30 percent of the base units for moderate income households in a condominium project or planned development.

3.

The review authority may grant two or more incentives under this Subsection if the applicant demonstrates that the development meets other Housing Element goals (e.g., provision of housing for seniors or special housing needs individuals, including the provision of housing meeting Universal Design standards), or

provides greater or longer term affordability, or a greater number of affordable units than otherwise required. Incentives provided under this Subsection shall be proportional to the extent to which the project provides for additional affordable and/or special needs housing units and/or child care facilities. In the case of condominiums and planned developments, any waiver or modification of development standards approved for the condominium or planned development project shall be considered incentives under this Subsection.

C.

Request for specific incentive.

1.

An applicant eligible for an affordable housing incentive under this Subsection may submit a request for a specific incentive under Subsection 26-89-060.B and may request a meeting with the Department to discuss that request. The review authority shall grant the specifically requested incentive unless it finds any of the following:

a.

The incentive is not required in order to provide for the affordable housing costs or rents as provided in this Section; or

b.

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health or safety or the physical environment or upon any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low- and moderate income households.

c.

The incentive would be contrary to state or federal law.

2.

If the review authority finds that it cannot grant the specifically requested incentive, it shall grant a different incentive under Subsection 26-89-060.B, which incentive it determines will best enhance the economic feasibility of the project or will allow greater or longer term affordability or a greater number of affordable units.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)