Chapter 21.100 — STAFF APPROVAL PERMITS

Note: Prior ordinance history: prior code Section 9-127.1.

Staff approval permits, which are revocable, conditional and valid for either a specified or an indefinite period of time, may be issued for any of the uses which, under the terms of this title, are

permitted subject to first securing a staff approval permit. The procedure for securing staff approval permits shall be as provided in this chapter. A staff approval permit shall have the same effect as a use permit, except that it is granted by the director of planning and community development rather than by the planning commission.

(Ord. CS 106 §17, 1984)

• A. Application for a staff approval permit shall be made by the owner of the real property for which the permit is sought, or by the authorized agent of the owner.

• B. The application shall be filed with the department of planning and community development, in writing, on a form prescribed by the planning commission and shall be signed by the owner or his authorized agent.

• C. The application shall be accompanied by plans, including elevations and other pertinent data, to show in detail the proposed use or buildings.

• D. A filing fee, in such amount as may be fixed from time to time by order or resolution of the board of supervisors, shall be paid at the time the application is filed.

• (Ord. CS 106 §17, 1984)

Action by the director of planning and community development:

• A. In order to obtain a staff approval permit, the applicant must introduce evidence in support of his application sufficient to enable the planning director to find that the establishment, maintenance and operation of the proposed use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the use and that it will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

• B. The planning director may impose such conditions in connection with the staff approval permit as he deems necessary to secure the purpose of this title and may require a bond, undertaking or other assurance that such conditions are being or will be complied with.

• C. If the planning director, after receiving and considering the evidence, and any proposed conditions, is unable to make the foregoing findings, the staff approval permit shall be denied. In cases where the staff approval permit is denied, the planning director shall state his reasons for the denial.

• (Ord. CS 106 §17, 1984)

• A. No application for a staff approval permit which has been denied wholly or in part by the planning director or by the planning commission, or the board of supervisors on appeal, shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the planning director, planning commission or the board of supervisors, whichever issued the order of denial.

• B. No building permit shall be issued in any case where a staff approval permit is required by the terms of this title unless and until the staff approval permit has been granted by the planning

commission or board of supervisors and then only in accordance with the terms and conditions of the staff approval permit so granted.

(Ord. CS 106 §17, 1984)

For the purpose of this chapter, the following shall be considered to be uses, the expansion, change or modification of which shall be subject to review and staff approval of the director of planning and community development, when the changes do not alter the present character of the uses. The approval may include conditions deemed necessary and reasonable to carry out the intent of this title. Any such decision may be appealed to the planning commission, in writing, within ten days of the decision.

• A. Minor changes in legal nonconforming or other legal uses which, in the opinion of the director of planning and community development, do not change the nature of, or add new uses to, the legally established use and which do not expand the area of the building or use by more than twenty-five percent.

• B. Temporary Use of a Dwelling During Construction. Subject to the applicable conditions of this section the following may be permitted: (i) an existing dwelling or mobile home may continue to be occupied during the construction of a new residence, the remodel of an existing dwelling, or the replacement of a dwelling or mobile home; or (ii) when no dwelling or mobile home exists on the parcel, or where the existing dwelling cannot be reasonably occupied during the remodel, an alternative dwelling may be temporarily permitted during construction.

  1. The temporary use of the dwelling shall cease upon completion of the construction, within sixty days of the issuance of a certificate of occupancy, or the expiration of the building permit for the new construction or remodel.

  2. An alternative dwelling may consist of a manufactured home set on a temporary foundation with all applicable building permits, or a recreational vehicle that is connected to on-site water and sewer hook-ups as approved by the county's Department of Environmental Resources.

  3. The use of a recreational vehicle shall not exceed ninety days unless it is demonstrated to the planning director that good faith effort is being made to complete the construction and obtain occupancy. The ninety days shall start on the first day of use and include each successive date regardless of any movement of the vehicle off site during the time period.

  4. A financial guarantee shall be required to be submitted prior to issuance of the staff approval equal to one dollar per square foot of the dwelling being replaced, remodeled, or constructed, or one thousand dollars, whichever is greater.

  5. An existing dwelling, excluding a manufactured home, that is allowed to remain for temporary use during construction may be converted to an alternative use as permitted by the zoning districted provided all applicable building permits for the conversion are obtained.

• C. One single-family dwelling on a parcel legally created that is less than twenty acres in size and located in the A-2-40 or -160 (general agriculture) zoning district.

The following findings must be made in addition to the findings required pursuant to Section 21.100.030 :

1. The dwelling would be consistent with the county's general plan;

2. The dwelling would not likely create a concentration of residential uses in the vicinity or induce other similarly situated parcels to become developed with single-family dwellings;

and

3. The dwelling will not be substantially detrimental to or in conflict with agricultural use of other property in the vicinity.

• D. One "small wind energy system" shall be allowed on a legally created parcel of at least one acre in area located within the A-2 (general agriculture) zoning district, providing the following criteria are met:

  1. Tower heights of not more than sixty-five feet shall be allowed on parcels between one and five acres and tower heights of not more than eighty feet shall be allowed on parcels of five acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

  2. Setbacks for the system tower shall be no farther from the property line than the height of the system, provided that it also complies with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code.

  3. Decibel levels for the system shall not exceed the lesser of sixty decibels (dBA), existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction, as measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe wind storms.

  4. The system's turbine must have been 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 Energy Commission.

  5. The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code or the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than one thousand pounds per square foot, or other relevant conditions normally required by a local agency.

ot be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than one thousand pounds per square foot, or other relevant conditions normally required by a local agency.

6. 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). In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the local agency shall take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pest control aircraft pilots registered to operate in the county pursuant to Section 11921 of the Food and Agriculture Code.

7. The applicant shall provide information demonstrating that the system will be used primarily to reduce onsite consumption of electricity and, unless the applicant does not plan to connect the system to the electricity grid, that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator.

Applicants must submit evidence in support of each of the above criteria. Small wind energy systems shall also comply with all requirements of Section 65892.13 of the California Government Code and any other additional and/or subsequent regulations pertaining to such systems as may be adopted by the state of California.

• E. Corn mazes, hay mazes and similar seasonal activities when accessory to an approved produce stand or produce market and not conducted in excess of three occasions, nor more than a combined total of forty-five days, within any one calendar year and where the site is returned to its previous condition within seven days of the ending of each activity. The activities shall comply with the required setbacks and provide off-street parking as determined necessary by the planning director. Conditions of approval shall be imposed as necessary to insure compliance with all applicable fire, building, and health codes.

A staff approval for the activities shall be obtained at least thirty days prior to operation and shall be subject to yearly renewal. The property owner shall be notified six months in advance if the permit will not be renewed. Any notice of non-renewal may be appealed subject to Section 21.112.020 of this code. Any approved activity not conducted for a period of one calendar year shall be deemed expired and a new staff approval required.

tained at least thirty days prior to operation and shall be subject to yearly renewal. The property owner shall be notified six months in advance if the permit will not be renewed. Any notice of non-renewal may be appealed subject to Section 21.112.020 of this code. Any approved activity not conducted for a period of one calendar year shall be deemed expired and a new staff approval required.

• F. Agricultural employee housing with thirty-six or fewer beds or twelve or fewer dwellings for fulltime agricultural workers on property in the A-2 (General Agricultural) zoning district when it can be verified that all persons being housed are full-time agricultural workers. As applied to this use, the permit shall be treated as a ministerial permit to verify that the following criteria are being met:

  1. All persons being housed shall be full-time agricultural works as attested to in an affidavit signed by the property owner;

  2. All structures within which housing is provided shall have obtained the necessary building permits for occupancy;

  3. Prior to issuance of a building permit for new housing or issuance of the staff approval permit for existing housing the property owner shall sign, and provide the necessary recording fees, and the county shall file with the county recorder, a restrictive covenant acknowledging that units shall be utilized solely for the housing of full-time agricultural workers and will be removed or demolished if no longer being utilized for the housing of fulltime agricultural employees and unable to be used in accordance with A-2 zoning district; and

  4. Agricultural employee housing with five or more dwellings shall obtain an employee housing permit from the Department of Environmental Resources prior to occupancy.

• G. Single-Room Occupancy (SRO) Housing. The minimum development standards for SRO housing are as follows:

  1. Room Size. The net area of an SRO room may range from a minimum of one hundred fifty square feet to a maximum of four hundred square feet;

  2. Proximity to Transit. SRO housing shall be located in an area served by public transit (at least six days a week);

  3. On-Site Management. A management plan shall be provided which specifies management policies, maintenance plans, rental procedures, tenant rules, and security procedures;

  4. Common Area. Each SRO housing development shall include a minimum of ten square feet per unit or two hundred fifty square feet, whichever is greater, of common space within a building. Dining rooms, meeting rooms, recreational rooms, or other similar areas may be considered common space. Common kitchen facilities, bathing facilities, and laundry facilities shall not be considered as common areas for purposes of meeting this standard:

     • a. Common kitchen facilities shall be available for residents within the development, if rooms are not provided with a private kitchen facility;

     • b. Common bathing facilities shall be available to residents within the development, if rooms are not provided with private bathing facilities. Where rooms are lacking private

facilities common bathing shall be provided on each floor; and

• c. Common laundry facilities shall be available to residents within the SRO housing development, if rooms are not provided with private laundry facilities, at a rate of not less than one washer and one dryer for the first ten rooms, with one additional washer and one additional dryer provided for every five additional rooms or fraction thereof. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth of a mile from the project site and is pedestrian accessible to the residents.

  5. Storage for Residents. Private, secured storage space of not less than fifty cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual rooms and/or as individually locked areas accessible from a common area; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each resident and shall be of sufficient construction to protect stored items from weather;

  6. Parking shall be provided as set forth in Chapter 21.76 ; and

  7. Bicycle parking shall be provided at a rate of one space for every two residents.

• H. Emergency shelters with twenty or fewer beds when parcels are served by both public water and sewer and are located outside of the sphere of influence of a city and in an area served by public transit (at least six days a week). As applied to this use, the permit shall be treated as a ministerial permit to verify that the following criteria are being met:

  1. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties:

     • a. Any outdoor intake area shall be at least ten percent the size of the total square footage of the shelter and must be located outside of the yard setback areas of the zoning district in which the shelter is located.

  2. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and reflected away from adjacent uses;

  3. Parking as required by Chapter 21.76 ;

  4. Bicycle parking shall be provided at a rate of one space for every four beds;

  5. A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during non-shelter hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood;

  6. A security plan shall be submitted to the sheriff's department for review and approval prior to operation and shall be subject to review annually;

  7. A security guard or security officer shall be present during the intake period. Security guards must be licensed through the State of California Department of Consumer Affairs Bureau of Security and Investigative Services;

  8. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters;

9. The shelter shall have set hours of operation and the hours shall be posted in a publicly visible and accessible location on a sign that is no larger than one square foot;

   10. Outdoor activity shall be allowed only during the hours of 8:00 a.m. to 10:00 p.m. The shelter shall comply with the County's Noise Ordinance;

   11. If pets are permitted, a plan for their care must be reviewed and approved by the Stanislaus Animal Services Agency;

   12. Outdoor trash receptacles shall be provided on-site and the property maintained free of litter and debris; and

   13. All other applicable local, state and federal laws, regulations and codes shall be met.

• I. Density bonuses and affordable housing projects subject to Chapter 21.82 when no other land use entitlement is required.

(Ord. CS 106 §17, 1984; Ord. CS 741 §6, 2000; Ord. CS 798 §1, 2002; Ord. CS 890 §9, 2004; Ord. CS 894 §1, 2004; Ord. CS 1020 §11, 2007; Ord. CS 1408, 12/9/2025)