§ 1500-08

Overlay and combining districts are added to a base zoning district to supplement regulations or allow for variations to standard provisions in order to address specific issues or concerns such as resource preservation, historic buildings, or unique development opportunities. Allowed uses, development standards and other requirements of the base zoning district still apply, except as otherwise modified by the applicable overlay or combining district. In some cases, a property may have more than one overlay or combining district in addition to its base zoning district. Where the requirements of two or more overlay or combining districts conflict, the Director shall determine the appropriate requirements. Each overlay district shall be shown on the Zoning Map with a hatched pattern imposed over the base districts. Each combining district shall be shown on the Zoning Map following the base zoning district designation.

(Ord. of 6-28-2022)

A.

Purpose. The Sutter Buttes Overlay District (SB) is intended to preserve the cultural, historic, geologic, and visual values of the Sutter Buttes which contribute to the overall image of Sutter County. Referred to as "the smallest mountain range in the world," the Sutter Buttes rise to over 2,100 feet above sea level and provide the only geographic relief in the otherwise level Sacramento Valley, and are considered by the Maidu people as the spiritual center from which life originated. Structures within the SB Overlay District that are visible from public roads or adjacent residences are subject to specified performance standards addressing siting and design. The SB Overlay District is combined with the AG zoning district and applied to the area defined as the Sutter Buttes.

B.

Applicability. The regulations in this Section apply to the building of any structure within the SB Overlay District for which a building permit is required. Exceptions include:

1.

Expansions, replacements, or modifications to existing agricultural buildings and other existing structures, such as the cross on the north side of Pass Road, provided that such modifications do not increase the existing height of these buildings and other structures.

2.

Expansions, replacements, or modifications to existing residences provided that such modifications do not increase the existing building height of the residence.

3.

Buildings and structures within the FPARC District (Section 1500-09-020).

Ground-mount or roof-mounted solar energy systems.

C.

District Specific Definitions.

1.

Sutter Buttes. For purposes of this section, the "Sutter Buttes" means any point within the area shown on Figure 1500-08-1, Sutter Buttes Sectional District Map, adopted by the Board of Supervisors.

Figure 1500-08-1: Map of Sutter Buttes Overlay District

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2.

Ridgeline. For the purposes of this section, a ridgeline is the crest of a ridge formed by hillsides, otherwise referred to as the drainage divide.

3.

Hillside. For the purposes of this section, a hillside is any area either between a ridgeline and a valley floor or between ridgelines. The line of demarcation between the valley floor and a hillside is the edge of the alluvial fan.

4.

Valley Floor. For the purposes of this section, the valley floor consists of nearly level to gently sloping areas on alluvial fans.

D.

Performance Standards. The performance standards in this section apply to all structures constructed within the established boundary of the Sutter Buttes as defined in Section 1500-08-020 C above. For areas defined as Ridgelines, the performance standards apply to any portion of a structure which extends above the elevation of the nearest ridgeline as defined by this section. This section does not apply to structures that are not visible from public roads or from adjacent residences.

constructed within the established boundary of the Sutter Buttes as defined in Section 1500-08-020 C above. For areas defined as Ridgelines, the performance standards apply to any portion of a structure which extends above the elevation of the nearest ridgeline as defined by this section. This section does not apply to structures that are not visible from public roads or from adjacent residences.

Site plans shall be to an engineer's scale and shall include in reasonable detail the proposed structure location, topography, existing vegetation, any proposed landscaping, proposed driveway and parking layout, and proposed grading.

E.

Review and Approval Process. A Zoning Clearance shall be obtained prior to the issuance of a building permit for any structure in the Sutter Buttes that is subject to the Sutter Buttes Overlay District regulations. All Zoning Clearance applications shall include visual analysis documentation as required by the Director to determine compliance with the performance standards established in Section 1500-08-020 D. Such documentation shall include photographs, and one of the following: (1) sketches, (2) renderings, or (3) photo simulations. Before the issuance of a Zoning Clearance within the Sutter Buttes Overlay District, a Notice of Intent to approve shall be mailed or delivered at least ten days prior to action on the application to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, and all other persons who have requested notice in accordance with Section 1500-23-060(B). Such other notice as the County deems appropriate may also be given. All Zoning Clearances shall be processed in accordance with Section 150025-030.

(Ord. of 6-28-2022)

A.

Purpose. The Commercial Recreation Overlay District (CR) is intended to is provide opportunities for limited intensity river focused commercial and recreational uses along and adjacent to the Sacramento, Feather, and Bear River corridors. All uses are to be compatible with, and minimize impacts upon, adjacent agricultural operations and natural resources. Areas within the river levees are the primary locations for consideration of the CR Overlay District, however, adjacent areas outside the levees may also be considered when determined to be necessary for the proposed use. The CR Overlay District implements the General Plan Commercial Recreation Overlay (CR) land use designation, and may be combined with any base zoning district applied to that land use designation.

B.

Applicability. The regulations in this Section apply to all uses within the CR Overlay District identified in Section 1500-08-030C (Table 1500-08-2).

C.

Allowed Use Types. Table 1500-08-2 identifies the allowed use types for the CR Overlay District. These uses are in addition to those allowed by the base zoning district. Use types are defined in Article 3.

D.

Supplemental Regulations.

1.

Wayside Stands.

a.

One Wayside Stand shall be permitted per parcel.

b.

A Wayside Stand shall not exceed 600 square feet of floor area, and may include up 50 square feet of floor area for the sale of prepackaged food and/or drinks.

c.

Adequate provision shall be made for off-street parking and safe ingress and egress to the adjacent street.

d.

Parking spaces for Wayside Stands need not be paved or striped, but shall be improved in accordance with the surfacing requirements for parking within the AG zone.

e.

All structures and off-street parking shall not be located in any required front or side yard setback.

2.

Commercial Stables.

a.

Storage of manure, silage and animal matter shall occur in a manner which minimizes odors and vector nuisances to the greatest extent practicable, based on current industry practices.

b.

Incorporate measures to protect pollutants from entering into creeks, streams, drainage ditches or groundwater supplies.

c.

Incorporate measures to control odor, dust, noise, and waste disposal so as not to constitute a nuisance or a hazard.

3.

Special Events. Special events such as weddings, dances, assemblies, picnics, dinners, craft fairs, and similar events are allowed at Wineries, Breweries, Distilleries and Mills and at Special Event Facilities use types. These use types require approval of either a Use Permit or Administrative Permit as indicated on Table 1500-08-2. The permit shall specify the frequency of allowed events, hours of operations, maximum number of permitted quests, and any other conditions of approval deemed necessary by the approving authority.

4.

Community Assembly and Cultural Facilities, River Related. Limited to river related, natural history museums or interpretive centers only.

5.

Retail Sales, River Related. Limited to bait and tackle shops, bicycle rental, camping supplies, canoe/kayak outfitters, accessory galleries, general stores, rafting outfitters, specialty shops and other similar uses directly serving river related recreational users.

6.

Vehicle Rentals, River Related. Limited to boat and recreational vehicle rentals only.

E.

Performance Standards. The performance standards in this section apply to all uses within the CR Overlay District identified in Section 1500-08-030 C (Table 1500-08-2) above. The intent is to ensure visual and operational compatibility of the uses and associated development with the character of the surrounding area, in particular adjacent agricultural operations and natural resources:

1.

Significant Effects. Projects shall be determined to have no significant adverse effects, or shall mitigate such effects, upon adjacent agricultural operations, rural uses, and natural resources.

2.

Existing Trees and Resources. Existing trees, vegetation, and other natural resources shall be maintained to the extent feasible.

Floodway. No permanent structures shall be allowed on or within the levee or any designated floodway, unless required flood protection measures have been incorporated into construction.

4.

Flood Protection. Projects shall demonstrate compliance with all flood protection requirements.

5.

River Views and Access. Projects shall be designed to maximize views and public access to the adjacent river corridors and associated resources to the extent feasible.

6.

Building Colors and Design. Building colors, textures, scale, massing, architectural style and materials shall be selected to be compatible with the surrounding environment.

7.

Roof Materials and Colors. Roof materials shall be of non-reflective, fire-retardant material. Roof colors should be of darker tones. Bright colors shall be avoided.

8.

Roads, Parking and Service Areas. New roads, driveways, parking lots, utilities, trash enclosures and service areas shall be sited, screened, and landscaped to reduce visibility from adjacent roadways, properties, and river(s).

9.

Grading. Final grading contours shall generally reflect existing landforms and be compatible with existing grades on adjoining properties.

10.

Native Landscaping. Native and drought tolerant plant materials, including native tree species, shall be incorporated into project landscaping.

11.

Lighting. All exterior lighting, except that designed for temporary emergency use, shall be shielded so as to direct lighting downward, limit spillage and glare onto adjacent properties, and protect the rural night sky.

12.

Services and Infrastructure. Projects shall be determined to have adequate services and infrastructure (either community or individual water and wastewater systems) to support the proposed uses.

F.

Review and Approval Process. A Zoning Clearance, Administrative Permit, or Use Permit shall be obtained for all uses as identified in Section 1500-08-030 C (Table 1500-08-2). In addition, concurrent Design Review shall be required for all uses to ensure high quality design as well as visual and operational compatibility with the surrounding uses and character of the area. All required permit applications shall be accompanied by documentation as required by the Director to determine compliance with the performance standards established in Section 1500-08-030 E. Such documentation shall include analysis of potential impacts to agricultural operations in the project's vicinity, mitigation of environmental impacts, and availability of adequate infrastructure and services to support the proposed uses. All Zoning Clearances, Use Permits and Design Review shall be processed in accordance with Article 25.

(Ord. of 6-28-2022)

1500-08-040 - Agricultural Combining District

A.

Purpose. The Agricultural Combining District (-A) is intended to provide for agricultural related and other additional uses common to lower density residential areas located in the rural portions of Sutter County. The -A Combining District may be applied with the Single-Family Residential (R-1) zoning district.

B.

Applicability. The regulations in this Section apply to all uses within the -A Combining District identified in Section 1500-08-040 C (Table1500-08-3).

C.

Allowed Use Types. Table 1500-08-3 identifies the allowed use types for the -A Combining District. These uses are in addition to those allowed by the base zoning district. Use types are defined in Article 3.

1.

The keeping of animals is subject to all Environmental Health Program requirements, as well as compliance with all of the following maintenance and operational standards:

a.

Odor and Vector Control—All outdoor animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of fecal matter, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Each property shall be maintained in a sanitary manner.

b.

Containment—All animals shall be effectively contained on the property, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

(Ord. of 6-28-2022)

A.

Purpose. The Historic Preservation Combining District (-HP) is intended to implement the Cultural Resource policies of the General Plan; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic and cultural resources; to encourage and promote public knowledge, understanding, appreciation of the County's history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for historic preservation zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historic resources, thereby increasing community pride and awareness of the County's cultural and historical heritage.

B.

District Specific Definitions. For the purposes of this section, the following definitions apply:

1.

Historic Building or Structure. A building or structure that is located on property that has been recognized by the Board of Supervisors by being rezoned to the -HP Combining District.

2.

Qualified Historical Property.

a.

A property listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations; or

b.

A property listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

3.

Qualified Professional. An individual meeting the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Director to have the necessary qualifications equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture.

C.

Establishment of Historic Preservation Designation. The -HP Combining District may be combined with any other zoning district and can be applied to land to satisfy the purposes of this Section pursuant to approval of a rezoning application. Requests to establish a -HP Combining District designation on a property shall be accomplished by submitting a rezone application to the Planning Division together with the following information:

1.

Property owner(s) proposing to designate a property Historic Preservation but who do not wish to participate in the Mills Act shall submit the following information together with a rezone application to the Planning Division:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A statement explaining why the property should be designated for historic preservation and how it is intended to preserve the building or site.

d.

Photograph(s) depicting the historic building or structure.

e.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

Following the submittal of an application to rezone property to the -HP Combining District, the proposal shall be forwarded to the Historic Preservation Review Committee for review, consistent with Article 23, to determine if the historic resource is a candidate for the -HP Combining District designation and what character defining features exist on the structure that should be preserved.

3.

Property owner(s) proposing to designate a property -HP Combining District and who propose to participate in the Mills Act shall submit the following information together with a rezone application to the Planning Division:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A report, prepared by a qualified professional, detailing the cultural, architectural or historical significance of the site to the history of Sutter County. If the subject property is listed in the National Register of Historic Places or listed in any state official register of historical or architecturally significant sites, places or landmarks, information regarding such registration shall be submitted together with the report.

d.

A plan for preservation of the site including a schedule of maintenance work to be conducted. If there is a plan for restoration or rehabilitation, cost estimates and a time-line for the completion of each item of work shall be included. All work must conform to the United States Secretary of the Interior's Standards for Rehabilitation and the State Historical Building Code.

e.

Photograph(s) depicting the historic building or structure.

f.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

4.

In order to qualify for a Mills Act contract, the subject property shall meet the definition of a qualified historical property and shall conform to the County's Mills Act Historic Resource Preservation Rules of Procedure. Property that is rezoned to the -HP Combining District is considered to have met the definition of a qualified historic property.

Rezone applications shall be processed in accordance with Section 1500-25-070.

D.

Disestablishment of a Historic Preservation Combining District.

1.

If the subject property is encumbered by a Mills Act Contract, the property owner shall first either obtain a cancellation of the contract by approval of the Board of Supervisors and pay a penalty fee as required by the Government Code, or shall file a Notice of Non-renewal and the contract shall have expired before an application to rezone the property from the -HP Combining District can be submitted to the Planning Division.

2.

Requests to rezone property from the -HP Combining District designation shall be accomplished by submitting a rezone application to the Planning Division along with the following items:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A report prepared by a qualified professional, detailing why the site, building or structure is not or is no longer of cultural or historical significance to the history of Sutter County.

d.

Photograph(s) depicting the historic building or structure.

e.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

Rezone application shall be processed in accordance with Section 1500-25-070.

E.

Development Standards.

1.

All uses and development standards which are permitted and applicable in the base district to which the - HP Combining District is applied, including uses which are only allowed by Use Permit, shall be permitted providing it is demonstrated that those uses do not adversely affect the historic or cultural site or building involved.

2.

Towers, spires, chimneys, machinery penthouses, cupolas, water tanks, and similar architectural structures may be built and used to a height not more than 25 feet above the height limit established for the district in which the historic building or structure is located, provided, however, photographs or other documentation, acceptable to the Director, is submitted demonstrating that the architectural feature or structure in question was originally a part of the historic building or structure. The above height limitations shall be subject to laws and regulations of the State and Federal Government.

F.

Historic Preservation Incentive Program. The Board of Supervisors may provide incentives to properties designated -HP Combining District. The incentives shall be identified, and made available through a resolution approved by the Board of Supervisors and modified from time to time as the Board deems appropriate.

G.

Removal and Relocation Permitting Requirements.

1.

A Removal and Relocation permit shall be approved prior to the removal of a historic building or structure on property which is designated -HP Combining District, together with an appropriate environmental document by the Planning Commission.

2.

A property owner shall first rezone the property where the historic building will be relocated to the -HP Combining District, prior to relocating a historic building located on land designated Historic Preservation . In addition, the property owner shall secure all required permits necessary to transport the building on local roads and State Highways.

At the time the County considers rezoning a property to the -HP Combining District for the purposes of relocating a historic building to it, the Board of Supervisors may consider removing the Historic Preservation designation from the property where the historic building will be relocated from. This action may be accomplished by filing a single rezone application to the Planning Division that includes both properties that are to be considered.

H.

Historic Preservation Design Review Requirements.

1.

Applicability. Exterior modifications that require a building permit to a recognized historic building within the - HP Combining District shall be subject to an Administrative Permit design review. Applications for Administrative Permit design reviews shall be accompanied by a fee as established by resolution of the Board of Supervisors.

2.

Administrative Permit Process. Applicants requesting a building permit on property that is designated -HP Combining District shall provide elevation views for all portions of the recognized historic structure that is subject to alteration. The views shall clearly depict all proposed changes to the exterior of the historic building or structure.

Staff shall review the proposed alterations to a historic building or structure against the report prepared by a qualified professional at the time the historic building was rezoned to the -HP Combining District. In addition, the proposed alterations shall be reviewed against the Secretary of the Interior's Standards for the Rehabilitation of Historic buildings. Implementation of the Secretary of the Interior's Standards for the Rehabilitation of historic buildings shall not conflict with the permitted uses specified in the underlying zoning of the property. If architectural features identified as historically significant are proposed to be altered, all proposed changes shall maintain the character defining features as discussed or depicted in the report that has been previously prepared for the historic structure.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure, located on property that is zoned -HP Combing District, will maintain the character defining features of the historic building or structure, the Director, or their designee, may approve or conditionally approve an Administrative Permit for the proposal.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure may not maintain the character defining features of the historic building or structure, the proposal shall be forwarded to the Historic Preservation Review Committee for review and determination.

I.

Historic Preservation Review Committee. The Historic Preservation Review Committee shall consist of three persons, appointed by and serve at the pleasure of the Board of Supervisors. In addition, three alternate Committee members shall be appointed by the Board of Supervisors and serve in the absence of a regular Committee member. Committee members shall have knowledge of architecture, historic preservation,

history or a combination of knowledge determined by the Board of Supervisors as acceptable for providing recommendations regarding historic preservation issues. A quorum shall consist of three Committee members being present. This Committee is subject to the Brown Act.

1.

Committee Action Regarding Historic Structure Modifications. If a quorum of Committee or alternate Committee members cannot be convened within a two week period from the time a meeting is determined to be necessary, the Director may convene the meeting with those available Committee members. After reviewing the information and receiving input from the Committee members present, the Director shall determine proposed actions the applicant can take in order to maintain the character defining features of a historic structure consistent with the County's historic structure database and may approve or conditionally approve an Administrative Permit for the proposal.

The Committee shall meet as necessary to review and provide determinations to applicants and staff regarding proposed changes to historic structures.

All pertinent information deemed necessary by the Director, or their designee, shall be supplied by the building permit applicant and forwarded to the Committee members by staff for review prior to Committee meetings.

The Committee shall review and discuss with the applicant and staff the issues associated with modifying a recognized historic structure. The Committee shall determine proposed actions the applicant can take in order to maintain the character defining features of a historic structure consistent with the County's historic structure database.

All determinations made by the Committee shall be transmitted to the property owner in writing. Any determination made by the Historic Preservation Review Committee, or the Director shall be subject to appeal to the Board of Supervisors pursuant to Section 1500-23-080.

2.

Committee Action for Application to the Historic Preservation Combining District. Prior to the submittal of an application to rezone property to the -HP Combining District by applicants who do not wish to participate in the Mills Act, the proposal shall first be reviewed by the Historic Preservation Review Committee and a report shall be prepared by the Planning Division based upon the Committee's determinations.

The Committee shall meet as necessary to review and provide determinations detailing why a potential historic building or structure is a candidate for the Historic Preservation Combining District designation and what the character defining features are of the historic building or structure that should be preserved.

A quorum of the Committee shall consist of three members being present and all Committee determinations shall be made by at least two of three Committee members.

Based upon the Committee's determination regarding why a historic resource is a candidate for the -HP Combining District designation and what the character defining features are of the building that should be preserved, Planning Division staff shall prepare a report of this information.

The report shall be transmitted to the property owner in writing within 20 days of the date the Committee makes its determinations. Any determination made by the Historic Preservation Review Committee shall be subject to appeal to the Board of Supervisors pursuant to Section 1500-23-080.

J.

Historic Identification Plaques. Regardless of any other provision of this Section to the contrary, nonilluminated historic identification plaques as approved by the Board of Supervisors are permitted to be installed on structures located on property that have been zoned to have the -HP Combining District. Such plaques shall not exceed two square feet in size.

(Ord. of 6-28-2022)

1500-08-060 - Planned Development Combining District

A.

Purpose. The Planned Development Combining District (-PD) is intended to encourage creative, diverse and efficient approaches to land use and development that are not readily accommodated by base zoning districts. The -PD Combining District enhances flexibility to customize allowed uses and associated development standards to reflect unique site conditions and project development objectives, economic development and housing diversification, efficient provision of infrastructure and services, protection of agricultural and natural resources, compatibility with adjacent uses, and compliance with General Plan policies. The -PD Combining District may implement any General Plan land use designation, and may be combined with any base zoning district.

B.

Applicability. The regulations in this Section apply to all -PD Combining Districts, and may be applied to parcels of any size that are deemed suitable by the Board of Supervisors for proposed development. Adoption of a -PD Combining District shall be accompanied by a Development Plan, and shall be noted on the Zoning Map followed by the ordinance number adopting the district

C.

Allowed Use Types. All use types that are permitted or require conditional approval of a Zoning Clearance, Administrative Permit or Use Permit by the base zoning district(s) may be permitted by a -PD Combining District. In establishing the District, the Board of Supervisors may: delete a permitted or conditionally permitted use type, may designate a conditional use type as permitted, or may require conditional approval for permitted use types.

D.

Development Standards. In order to allow maximum flexibility in designing a project compatible with the purpose of this section, the Board of Supervisors may, in establishing a -PD Combining District, modify the following development standards:

Minimum lot size, depth and width

2.

Minimum setbacks and yards

3.

Maximum lot coverage

4.

Maximum building and structure heights

5.

Maximum wall and fence heights

6.

Minimum landscaping requirements

7.

Minimum off-street parking ratios

8.

Sign standards

9.

Other standards as determined by the Board of Supervisors.

If a development standard is not specifically addressed in the -PD Combining District, it shall be governed by the requirements of the base zoning district.

E.

Development Plan. Adoption of a -PD Combining District shall be processed as a Rezone in accordance with Section 1500-25-070, and shall be accompanied by a Development Plan establishing the zoning requirements for all properties within the proposed District. The Development Plan shall be in addition to other concurrent or future entitlements required for project approval as established in Article 25. The Development Plan shall include:

1.

Purpose. A statement regarding the purpose of the zone, its intended use and design character, how it will meet the purpose of the -PD Combining District (1500-08-060 A), and how it will comply with the General Plan;

2.

Site Conditions. Map(s) and accompanying studies depicting existing topography, existing on-site structures and natural features, mature trees, wetlands, other significant vegetation and drainage patterns, agricultural resources, and adjacent uses.

3.

Allowed Uses. A list of proposed use types, and their location on the property.

4.

Development Standards. A list of development standards for main and accessory buildings, including: setbacks and yards, coverage, density and/or intensity, building and structure height, wall and fence height, landscaping, off-street parking, and signs;

5.

Design Requirements. Graphic and written materials depicting conceptual site layout, architectural, landscaping, screening and other design provisions;

6.

Circulation Plan. A map and narrative of the major circulation features within the site, including vehicular, bicycle, pedestrian, and transit facilities, as applicable;

7.

Infrastructure Plan. A description of the infrastructure necessary to serve all properties within the -PD Combining District. If the area will not be adequately served by existing public infrastructure and facilities or through the adopted countywide impact fee program, the application shall include a public facilities financing plan that identifies the needed public improvements and establishes a plan to pay for and develop the required improvements; and.

8.

Additional Information. Other information deemed necessary by the Director.

The Director may waive any of the information required by this section provided sufficient regulation is specified in the Development Plan to accomplish the purpose set forth in this Section. All proposed entitlements, development, improvements and uses within a -PD Combining District shall comply with the approved Development Plan.

F.

Required Findings. The Board of Supervisors may approve an application for a -PD Combining District rezoning with the accompanying Development Plan considering the recommendations of the Planning Commission and subject to the following findings:

The proposed -PD Combining District and Development Plan are consistent with the goals, policies, and programs of the General Plan and any applicable specific plan.

2.

The size and shape of the proposed -PD Combining District and Development Plan are adequate to accommodate proposed use types.

3.

The proposed -PD Combining District and Development Plan have adequate existing or planned and funded access, infrastructure and utilities to accommodate the proposed use types.

4.

The proposed -PD Combining District and Development Plan will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.

5.

The proposed -PD Combining District and Development Plan carry out the purpose of the Planned Development Combining Zoning District zone by providing for more creative, diverse and efficient approaches to land use and development.

G.

Approval by Ordinance. If the Board of Supervisors approves the establishment of a -PD Combining Zone, it shall do so by adoption of an ordinance including reference to the Development Plan. The ordinance shall also include any other provisions that the Board of Supervisors finds to be necessary to constitute the regulations for use, maintenance, and improvements in the -PD Combining District.

H.

Amendments to Development Plans. Amendments to or adoption of a new Development Plan may be made by the submission of a Development Plan pursuant to this section to the Planning Commission and shall be approved as specified in Article 23. If the proposed amendment is determined to be minor in nature, consistent with the character of the existing Development Plan and not a significant increase in intensity of the use of the site (e.g. expansion of the approved Development Plan with a less than 20 percent increase in floor area or parking demand), the amendment may be reviewed and approved with conditions, or denied by the Director through an Administrative Permit.

I.

Expiration of Development Plan:

1.

If construction of the project or use of the land as approved in the Development Plan, or the amended Development Plan, has not commenced within five years after the adoption of the Development Plan, or as

otherwise provided in the Development Plan, the Development Plan shall expire and be null and void without further action of the County. Prior to expiration of a Development Plan, the property owner may request an extension of the initial time period for up to an additional five years. Such an extension may be made at the discretion of the Director, based upon a determination that no substantial changes have occurred since the original approval that would change the basis of the approval or associated project conditions.

e County. Prior to expiration of a Development Plan, the property owner may request an extension of the initial time period for up to an additional five years. Such an extension may be made at the discretion of the Director, based upon a determination that no substantial changes have occurred since the original approval that would change the basis of the approval or associated project conditions.

Where a use, or a portion of a use, allowed by a Development Plan has been abandoned or discontinued for a period of six months or more, then, without further action of the County, the use, or the portion of the use, which has been abandoned or discontinued shall expire and be null and void. The property owner may request reinstatement of the abandoned or discontinued use which shall be at the discretion of the Director to determine the appropriateness of such reinstatement. The Director may reinstate the use subject to the previously approved standards and conditions or direct the property owner to apply for an amendment to the development plan as provided for in Section 1500-08-060(H).

(Ord. of 6-28-2022)

Article 9 - Special Purpose Districts Chapter - 1500-09

1500-09-010 - Purpose

The Special Purpose Districts are applied to defined geographic areas of Sutter County where unique regulations have been established to address specific development objectives.

(Ord. of 6-28-2022)

1500-09-020 - Food Processing, Agricultural and Recreation Combining District

A.

Purpose and Intent.

1.

The FPARC District is established to implement the goals and policies of the General Plan Amendment adopted concurrently herewith and is to be applied to those lands within the County of Sutter as described on the map below.

2.

This FPARC District provides an area where food processing and associated industries, together with appurtenant functions thereof, may locate outside the urban centers, and in close proximity to recreation and open space areas in a manner which minimizes adverse environmental impacts and protects and enhances agricultural productivity.

3.

The following use specific regulations as set forth in Articles 10 through 16, inclusive, shall apply in the FPARC District.

B.

Uses Permitted.

1.

Food and fiber processing plants and facilities, including food canneries, dehydrators, hulling operations, cleaning and processing operations, grain elevators, weighing and grading stations, feed processing operations, warehouses and other structures for the storage of agricultural products, seed processing facilities, animal and fiber processing operations, dairy processing operations, apiaries and honey extraction plants, fruit and vegetable processing and packing facilities, and any other or similar activity involving the storage, curing, processing, manufacturing, packaging, handling, packing, secondary reprocessing, conversion, compounding, shipping, and selling of agricultural products or by-products, as well as all facilities appurtenant and incidental thereto.

2.

Facilities for the generation of energy from processing, agricultural, or other wastes and by-products, as well as all appurtenances thereof.

3.

Disposal of liquid or solid wastes or by-products produced in conjunction with the operations permitted by this section. Such disposal may include irrigation of lands with process wastewaters, animal feeding or soil incorporation of process waste or by-products, and other disposal or reclamation processes or techniques.

4.

Publicly-owned parks and recreational areas and appurtenances thereto.

5.

Golf courses and country clubs, privately-operated parks, riding clubs and stables, gun clubs, resorts and recreational facilities.

6.

Structures and facilities appurtenant to recreational facilities.

7.

Private farm buildings, accessory and ancillary recreational buildings and uses.

8.

General farming, including all types of crop and tree farming commercial livestock, animal husbandry (not including a commercial kennel) and similar types of farming.

One-family dwellings and accessory farm buildings of all kinds when occupied or used by the owner, tenant, or persons employed on the premises.

10.

Land leveling contracting, contract harvesting and agricultural services where the occupation is incidental and secondary to the use of the land for farming purposes.

11.

The use, storage, repair and maintenance of tractors, scrapers, land leveling and development equipment devoted primarily to agricultural uses where such activity is carried on in conjunction with a bona fide agricultural operation.

12.

Underground utility installations and above ground utility installations for local service, including communication equipment buildings, except that locations for communication equipment buildings, substations, generation plants, and gas holders must be approved by the Planning Commission prior to construction; the route of any proposed transmission line, other than any communication line, must be discussed in detail with the Planning Commission prior to acquisition.

13.

Gun clubs and accessory structures, including mobilehomes used in conjunction therewith, subject to the securing of a mobilehome permit and other permits required by the Building Inspector and Health Division. Mobilehomes shall also be subject to the Performance Standards and Zoning Clearance required by Section 1500-05-030(L) and Section 1500-25-030 of this Zoning Code.

14.

Nurseries.

15.

Rail and other transportation facilities.

16.

Other such uses as the Planning Commission may deem to be similar and not more obnoxious or detrimental to the public health, safety, and general welfare.

C.

Uses Requiring Use Permits.

1.

The sale, repair, servicing and storage of agricultural machinery, implements and equipment.

The storage or sale of farm supplies of all kinds, including, but not limited to, fertilizers, agricultural minerals and insecticides.

3.

Commercial stock feeding yards, feed lots.

4.

Community auction and sales yards for sale of farm animals, products, implements, supplies and equipment.

5.

The development of natural resources together with the necessary building apparatuses and appurtenances incidental thereto.

6.

Churches, schools, day care centers.

7.

Truck yards, terminals or facilities engaged in the transportation of agricultural products, supplies and equipment including necessary maintenance, storage, repair and servicing of equipment.

8.

Retail, commercial and service establishments including restaurants, sporting goods stores, gasoline stations, and other similar retail and service establishments so long as such uses are necessary to serve the public in the food processing and recreation areas.

9.

Municipal or community wastewater or water treatment plants and facilities.

10.

Construction and material yards (except gravel, rock and cement material yards).

11.

Indoor assembly, processing, fabricating, treatment, manufacturing, repairing or packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the property line and associated sales of these products.

Outdoor assembly, processing, fabricating, treatment, manufacturing, repairing or packaging of goods that do not create noise, dust, odor, smoke, bright light, involve the handling of explosives or inflammable materials as a primary use, or otherwise creates offensive conditions at the property line and associated sales of these products.

13.

Offices and other ancillary facilities that are part of and clearly subordinate to the principal use as listed herein and located on the same site.

14.

Any permitted use referred to in Section 1500-09-20(B) which does not conform to the Special Restrictions set forth in Sections 1500-09-020(D) and 1500-09-020(E).

D.

Special Restrictions.

1.

Location of Plant Facilities. No plant or processing facility identified under Sections 1500-09-020(B)(1), (2), or 1500-09-020(C)(1), (2), (7), or (9) shall be located on any portions of the FPARC District which are situated north of South Butte Road or south of Highway 20; provided, however, that this restriction shall not prevent wastewater or solid waste disposal facilities, groundwater extraction plants, energy transmission facilities, or other facilities or activities ancillary to those uses from being located in said portions of the District.

2.

Proximity to Residences. No use described and restricted in Section 1500-09-020 D(1) above shall be established closer than 200 feet from any residence.

3.

Minimum Lot Area. One acre.

4.

Maximum Lot Coverage. 50%.

5.

Process Wastewater and Solid Waste. Process wastewater and solid waste disposal shall comply with all Federal, State, and County water discharge, pollution control and health requirements.

6.

Processing Activities. All industrial agricultural processing, and energy generation facilities allowed by the FPARC District shall comply with Federal, State, and local air pollution and public health requirements.

7.

Access. Access shall be provided from the state highway or county roads and shall be subject to the state and local requirements.

8.

Minimum Front Yard. 100 feet.

9.

Minimum Side Yard. 50 feet.

10.

Minimum Rear Yard. 25 feet.

11.

Maximum Building Height. 150 feet

All of the foregoing standards shall be subject to variation or waiver pursuant to conditions established by use permit to be applied for and obtained where any such variation or waiver is desired.

E.

Special Restrictions Upon Open Space and Recreational Area. The following special restrictions shall be applicable to open space and recreational areas which are defined as those lands within the FPARC District situated north of South Butte Road and south of Highway 20:

1.

Structural Coverage. Improvements such as golf course clubhouses, recreational buildings, parking area and impervious surface shall not exceed 5% of the surface area of any recreational and open space parcel.

2.

Use of Area Not Covered by Structures. Area outside the 5% permitted pursuant to subsection 1 above shall not be improved with any structure other than temporary shelters, golf course cart paths, pumps, culverts and drains.

3.

Type of Uses. Uses shall be restricted to open space uses such as golf courses and recreational uses, agricultural uses, and undeveloped open space.

4.

Reclamation and Conservation. Permitted uses shall include disposal through irrigation and other disposal means of process wastewater generated by food processing uses, buffering of food processing uses and other ancillary uses which mitigate, screen or buffer the impacts and incidents of a food processing use.

Maximum Building Height. 45 feet

All of the foregoing standards shall be subject to variation or waiver pursuant to conditions established by use permit to be applied for and obtained where any such variation or waiver is required.

Note: Section III of the Initiative Measure enacted by the voters of Sutter County at the November 2, 1982 general election provides the following:

III Repeal or Amendment

This Ordinance may not be amended or repealed except by a vote of the people; provided, however, that this Ordinance may be amended by the Board of Supervisors to authorize additional uses in the Food Processing, Agriculture, and Recreation Combining District provided for herein, and to make such changes in the General Plan and Zoning Code as may be necessary and appropriate in connection with such authorization of additional uses.

Figure 1500-09-1: FPARC District

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(Ord. of 6-28-2022)

1500-09-030 - Sutter Pointe Specific Plan

A.

Purpose. The Sutter Pointe Specific Plan (SPSP) applies to all uses within the Sutter Pointe Specific Plan area located in the southeastern portion of the County (see Figure 1500-09-2). The Sutter Pointe Specific Plan is intended to guide the creation of a new master planned community with residential, mixed use, commercial, employment, recreation, and open space opportunities guided by the principles of advisory Measure M approved by the residents of Sutter County in 2004. The ultimate plan is for the Sutter Pointe area to be incorporated as a full service city in the future.

B.

Applicability, Allowed Uses, Development Standards, and Review Process. Please refer to the Sutter Pointe Specific Plan Land Use and Development Code (LUDC), a separate stand-alone Zoning Code regulating this plan area.

Figure 1500-09-2: Sutter Pointe Specific Plan Area

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(Ord. of 6-28-2022)

Part 3 - Use Specific Regulations

Article 10 - Accessory Uses, Structures, Dwelling Units Chapter - 1500-10

1500-10-010 - General Requirements

A.

An accessory use or structure is permitted only when it is subordinate and incidental to the primary structure or use to which it is related.

B.

An accessory use or structure shall not alter the character of the site from that created by the primary use or structure.

C.

An accessory use or structure shall be located only on the same parcel as the primary use or structure to which it is related.

D.

An accessory use or structure shall not be constructed or established until construction of the primary structure is completed or the primary use is established.

E.

An accessory structure attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards and regulations applicable to the primary structure.

(Ord. of 6-28-2022)