Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Chapter 17.02 - ADOPTION, PURPOSE, INTERPRETATION[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2083, § 1, adopted October 22, 2019 repealed Chapter 17.02 in its entirety and adopted a new Chapter 17.02 to read as set out herein. Former Chapter 17.02 pertained to similar subject matter and derived from Ord. 1228, § 2(Chs. 1—5(part)), adopted in 1983; and Ord. No. 1972, §§ 1—3, adopted October 23, 2012.

17.02.010 - Adoption and purpose.

A.

There is hereby adopted a zoning code for the county.

B.

Said zoning code is adopted for the purpose of providing for the promotion and protection of the public health, safety, peace, morals, comfort, convenience and general welfare; and

1.

To implement the county general plan and to guide the future growth of the county in accordance with said plan;

2.

To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, recreational and other areas within the county, and to assure the orderly and beneficial development of such areas.

(Ord. No. 2083, § 1, 10-22-2019)

The board hereby finds that agriculture is a major industry in the county and declares that the provisions of the zoning code shall be interpreted liberally as they affect valid agricultural uses and shall serve as a means of preventing undesirable encroachments of other land uses upon agricultural lands. Other reasonable and desirable land uses shall receive due consideration.

(Ord. No. 2083, § 1, 10-22-2019)

In interpreting and applying the provisions of the zoning code, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

(Ord. No. 2083, § 1, 10-22-2019)

17.02.040 - Relationship to other regulations and to private restrictions.

A.

Where conflict occurs between the regulations of the zoning code and any building code or other regulations within the county the more restrictive of any of such regulations shall apply.

B.

It is not intended that the zoning code shall interfere with or abrogate or annul any easements, covenants or other agreements now in effect; provided, however, that where the zoning code imposes a greater restriction or regulation, or by easements, covenants or agreements, the provisions of the zoning code shall apply.

(Ord. No. 2083, § 1, 10-22-2019)

17.02.050 - Consistency of zoning districts with general plan.

A.

The various zoning districts contained in this Code shall each be geographically applied in a manner consistent with the land use categories or designations provided by the county general plan according to the statement of purpose or intent accompanying each district.

B.

It is noted, however, that certain preexisting land uses are not consistent with the land use designations provided by the plan.

C.

These preexisting, inconsistent land uses shall nonetheless be subject to zoning district classifications which are consistent with the general plan, thereby making them nonconforming uses as prescribed by the

zoning code. Recognizing that consistency between the general plan and zoning code must be balanced by practical considerations and the avoidance of undue hardships, the nonconforming use regulations contained in this Code have been relaxed. This relaxation is not intended to detract from or diminish the overall objective of the ensuring consistency of the zoning code with the general plan.

(Ord. No. 2083, § 1, 10-22-2019)

The board declares that the regulations of this title are intended to apply to all ownerships of real property within the unincorporated area of the county.

(Ord. No. 2083, § 1, 10-22-2019)

Any use not specifically permitted by the provisions of this title is prohibited. All prohibited uses specified at any place within this title are examples only and are not to be construed as a complete listing of all prohibited uses.

(Ord. No. 2083, § 1, 10-22-2019)

In addition to the general provisions of the Tehama County Code, the following rules of construction shall apply:

A.

The particular controls the general.

B.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected words or provisions shall apply.

2.

"Or" indicates that the connected words or provisions may apply singly or in any combination.

3.

"Either ... or" indicates that the connected words or provisions shall apply singly but not in combination.

C.

References to departments, committees, commissions, boards, or other offices are to those of the County of Tehama unless otherwise indicated.

D.

References to a public official in the county is to that person who performs the function referred to and includes a designated deputy of such official.

E.

Any and all references to days are to calendar days unless otherwise indicated.

F.

Section and section headings contained in this chapter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

G.

The words "activities" and "facilities" include any part thereof.

H.

"Director" means the director of planning or his or her designee.

(Ord. No. 2083, § 1, 10-22-2019)

Chapter 17.04 - DEFINITIONS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 2104, § 1, adopted April 27, 2021, repealed Ch. 17.04, §§ 17.04.010—17.04.620 and enacted a new Ch. 17.04 to read as set out herein. Former Ch. 17.04 pertained to the same subject matter, and derived from Ord. No. 1972, §§ 4, 5, adopted Oct. 23, 2012; Ord. No. 1974, §§ 1, 2, adopted Feb. 5, 2013; and Ord. No. 2016, §§ 2—7, adopted Oct. 20, 2015.

17.04.010 - Generally.

The words and phrases used in this chapter shall be construed as defined in this chapter and Chapter 1.04 unless the context requires otherwise or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases.

(Ord. No. 2104, § 1, 4-27-2021)

17.04.020 - Definitions.

"Accessory building" shall mean a detached subordinate building, the use of which is incidental to that of the main building on the same lot or to the use of land.

"Accessory use" shall mean a use or building incidental or subordinate to the principal use or building located upon the same lot.

"Agency" shall mean an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere.

"Agriculture" shall mean animal husbandry and the production of crops, including farming, dairying, pasturage, aquaculture, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and all uses customarily incidental thereto, but not including semi-heavy agriculture, heavy agriculture, or agricultural processing plants unless specifically provided, and not including any use otherwise specifically prohibited by the Tehama County Code.

f crops, including farming, dairying, pasturage, aquaculture, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and all uses customarily incidental thereto, but not including semi-heavy agriculture, heavy agriculture, or agricultural processing plants unless specifically provided, and not including any use otherwise specifically prohibited by the Tehama County Code.

"Agricultural employee housing or farmworker housing" shall mean employee housing, as defined in Health and Safety Code section 17008, meeting the criteria set forth in Health and Safety Code section 17021.6, as hereafter amended.

"Agricultural homestay" means a farm, as defined in Food and Agricultural Code section 52262, that produces agricultural products as its primary source of income and meets all of the following criteria: (i) Provides overnight transient occupancy accommodations in not more than six guest rooms to not more than fifteen guests who actively participate in the on-site agricultural activities; (ii) Serves food only to its registered guests, and includes the price of food in the price of the overnight transient occupancy accommodation; and (iii) Lodging and meals are incidental and not the primary function of the agricultural homestay facility.

"Agritourism" is the act of visiting a working farm for the purpose of enjoyment, education or other uncompensated active participation in the activities of the farm. An agritourism use is an enterprise located at a working farm (as defined by Section 52262 of the California Food and Agricultural Code), that is conducted for the enjoyment and education of visitors, guests or clients, and which generates income for the farm's owner/operator. The enjoyment and education of visitors, guests or clients must be incidental and not the primary function of the farm. Agritourism does not include arena events such as roping competitions, horse shows, rodeos and similar commercial-for-fee sporting events, weddings, concerts, RV parks, or camping.

"Agri-nature tourism" is the act of visiting a working farm for the purpose of enjoyment, education, or other uncompensated active involvement in activities or experiences taking place in nine natural areas. An Agrinature tourism use is a visitor-oriented destination or experience centered on an agricultural and/or natural theme located at a working farm (as defined by Section 52262 of the California Food and Agricultural Code), that is conducted for the enjoyment and education of visitors, guests or clients, and which generates income for the farm's owner/operator. The enjoyment and education of visitors, guests or clients must be incidental and not the primary function of the farm.

"Alley" shall mean a public or permanent private way or lane less than forty feet in width which affords a secondary means of access to abutting property.

"Apartment house" shall mean any building or portion thereof which is designed and built for occupancy by three or more families.

"Auto and truck station" is a fuel station or service station without overnight truck stay or storage.

"Bed and breakfast establishment" shall mean a single family structure in which there is a full time, permanent resident family and guest bedrooms for the boarding of not more than four paying guests where meals are prepared each day in a kitchen appropriately permitted by the Tehama County Department of Environmental Health.

"Boardinghouse" shall mean a building, or portion thereof, other than a hotel, where regular meals and lodging are provided for five or less persons for compensation or profit.

"Building coverage" shall mean the land area covered by all buildings on a lot, including all projections except eaves.

"Building height" shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge or parapet wall.

"Building line" shall mean a line established by this or other code to govern the placement of buildings with respect to streets and alleys.

"Building site" shall mean the land area occupied by or capable of being covered by all structures permissible under this Code.

"Collaborative agri-nature tourism events" means the temporary use of multiple agricultural properties and/or facilities, for which a fee may or may not be charged, where there is a gathering of people in multiple locations to tour agricultural sites, experience agriculture in hands on workshops, and develop a respect for the natural resources of Tehama County. These events may not exceed three consecutive days per event. Such events must be incidental to the operation of working farms (as defined by Section 52262 of the California Food and Agricultural Code), and not the primary function of the farms.

"Commercial kennel" means any lot or premises on which three or more dogs over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training; includes hobby kennels. Commercial kennel shall not include a veterinary facility, pet shop, humane society shelter or the county animal shelter.

"Commercial recreation" means agricultural tourism, as provided in Tehama County Code 17.81.

"Commercial shooting range" shall mean any shooting range, target range, clay pigeon course, sporting clay course, live game course, silhouette course or similar shooting course in which firearms defined as hand guns, rifles or shotguns are discharged and the participants of such courses or ranges pay to the owner and/or operator of the course any form of remuneration which entitles participants use of the course or range.

"Dual purpose solar energy systems" shall mean a solar energy system designed to provide both onpremises electricity consumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a solar power facility.

"Dual purpose wind energy systems" shall mean a wind energy system designed to provide both onpremises electricity consumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a wind power facility.

"Dwelling, one-family also known as residence" shall mean a building containing but one kitchen designed and/or used to house not more than one family, but including all necessary employees of such family.

"One-family dwelling" shall also mean a mobile home or manufactured home meeting all of the following criteria:

A.

Mobile home to be manufactured within ten years of date of permit application.

B.

The unit is to be placed on a perimeter type permanent foundation. Perimeter is to be of concrete, masonry or other Uniform Building Code approved materials.

C.

Roof. Roofing shall be composite shingle, wood shake, terra cotta tile or other Uniform Building Code approved material.

D.

Siding material to be of plywood, wood, stucco, or other Uniform Building Code approved material.

"Ecotourism" means nature-based travel to natural attractions to experience and study the unique flora, fauna, and culture in a manner that is ecologically responsible and sustains the well-being of the local community.

"Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person and in which no individual or household is denied emergency shelter because of an inability to pay.

"Employee housing" shall mean employee housing, as defined in Health and Safety Code section 17008, meeting the criteria set forth in Health and Safety Code section 17021.5, as hereafter amended.

"Family" is a group of individuals living under one roof and usually under one head of household.

"Full service restaurant" is a business that prepares and serves, food, and drinks to customers, whether dinning in or taking out, this use also includes drive-thru's.

"Garage, commercial" shall mean a building, other than a private garage, used for the parking, repair, or servicing of motor vehicles.

"Garage, parking" shall mean a public garage designed and/or used on a commercial basis for the storage only of vehicles.

"Garage, private" shall mean an accessory building or portion of a building, designed and/or used only for the shelter or storage of vehicles by the occupants of the dwelling, including covered parking space or carport.

"Geotourism" means travel to experience and study the geographical character of a place, including its environment, culture, aesthetics, heritage, historic structures and archaeological sites, scenic landscapes, traditional architecture, and locally grown music, cuisine, crafts, dances, and other arts.

"Glamping" means a transient occupancy facility where guests occupy detached permanent upscale tent units or similar units, which are regulated by California Building Code and California Fire Code but are not conventional hotel, motel or cabin facilities or camping and are not an agricultural homestay as defined within County Code.

"Guest cottage" shall mean an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors and nonpaying guests of the occupants of the main dwelling.

"Heavy agricultural" is a commercial slaughterhouses.

"Helicopter port" shall mean land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircrafts.

"Home occupation" shall mean any use customarily carried on within a dwelling by the inhabitants thereof, including a cottage food operation, as defined in Health and Safety Code section 113758, which use is incidental to the residential use of the dwelling, and which use:

A.

Is confined within the dwelling and occupies not more than twenty-five percent of the floor space thereof;

B.

Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the services offered, no on-site sales;

C.

Is carried on by the members of the family occupying the dwelling, with no other person employed, provided that a cottage food operation, as defined in Health and Safety Code section 113758, may have not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged;

D.

Produces no evidence of its existence beyond the premises, except signs of not more than one square foot, such as noise, smoke, odors, vibration, etc.

"Hotel" shall mean any building or portions thereof containing six or more guestrooms used or intended or designed to be used, let or hired out to be occupied or which are occupied by six or more guests, whether the compensation for hire is paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise and include hotels, motels, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs, and any such building of any nature whatsoever occupied, designed or intended to be so

occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal restraint.

"Intermediate care facility/developmentally disabled habilitative" means a facility with a capacity of four to fifteen beds that provides twenty-four-hour personal care, habilitation, developmental, and supportive health services to fifteen or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.

means a facility with a capacity of four to fifteen beds that provides twenty-four-hour personal care, habilitation, developmental, and supportive health services to fifteen or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.

"Intermediate care facility/developmentally disabled-nursing" mean a facility with a capacity of four to fifteen beds that provides twenty-four-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.

"Junkyard" shall mean an area of four hundred square feet or more on which imported waste, junk or salvaged items such as lumber, vehicles, machinery and mechanical equipment, and other such materials are disassembled, handled, baled, packed, processed or stored, but not including farm materials, machinery or equipment stored on operating farm properties.

"Light agriculture" shall mean:

A.

Farms devoted to the hatching, raising, butchering or marketing on a small scale of rabbits, fish, frogs, mink, chinchilla, or other small animal farms (excluding poultry) of a similar nature, provided that not more than one hundred such animals per acre, shall be kept, fed, or maintained on a premises of less than five acres;

B.

Nurseries, greenhouses, orchards, aviaries, apiaries, or the raising of field crops, trees and tree crops, berry or bush crops, vineyards, row crops, U-Pick operations or vegetable, flower or herb gardening on a commercial scale;

C.

The grazing of cattle, horses, sheep, goats, hogs or other farm stock or animals on a commercial scale, including the supplementary feeding thereof; on parcels of less than twenty acres, not more than two such animals per acre shall be kept or maintained; for the grazing of sheep or goats the permissible number of animals per acre may be multiplied by three; in no event shall there be any limit of the permissible number of sheep which may be grazed per acre where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops and, further, where such grazing operation is not conducted for more than four weeks in a six months' period; nor shall it limit the numbers of animals kept for agricultural activities associated with 4-H and/or FFA or similar projects;

D.

In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio;

E.

Farms or establishments for the selective or experimental breeding of cattle, horses, sheep, goats, hogs and other farm stock or animals and the raising and/or training of such animals and stock under the same conditions and provisions as set forth in subsection C of this section;

F.

Community auction and sale yard;

G.

A temporary or permanent stand for the display and sale of the products of any permitted use, produced upon the premises upon which such stand is located or upon lands owned or leased by the occupant of such premises;

H.

Accessory buildings and accessory uses, such as, barns, private stables, farm equipment shelters, and other out buildings.

I.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products on a small scale, provided that no more than one hundred such animals may be kept, fed, or maintained on a premises no matter the size of the premises.

"Lodging house" shall mean either a building, or portion thereof, other than a hotel, providing rooms or sleeping accommodations for five or less persons for compensation, including rooming house, or an emergency shelter.

"Lot, corner" shall mean a lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. The shortest such street frontage shall constitute the front of the lot.

"Lot width" shall mean the distance between side lot lines measured at the front yard building line.

"Mobile food vending" the act of any owner or other person(s) using a mobile food vending unit to engage in the business of selling, exhibiting for sale, or taking orders from consumers on private property for any type of prepared food product.

"Mobile food vendor" any owner or other person(s) operating a mobile food vending unit for purposes of vending prepared food on private property, for consumption either on or off premises.

"Mobile food vending unit" any motorized vehicle or trailer used for purposes of vending prepared food on private property, for consumption either on or off premises.

"Mobile home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, which must meet the building code criteria for a mobile home.

"Mobile home park" shall have the meaning set forth in Health and Safety Code section 18214.

"Nonconforming building" shall mean a building or structure or portion thereof which was designed, erected or structurally altered for a use which does not conform to the use regulations of the district in which it is located and which lawfully existed prior to the effective date of such use regulations.

"Nonconforming use" shall mean a use which lawfully occupied a building or structure or was conducted upon open land prior to the effective date of the use regulations in the zoning district in which it is located and with which regulations it shall not comply.

"Outdoor advertising sign" shall mean any card, cloth paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for outdoor advertising purpose on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used in this definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever.

"Outdoor advertising structure" shall mean any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

"Parking lot" shall mean an area of land, a yard or other open space on a lot used for or designated for use by standing motor vehicles.

"Parking space" shall mean land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designated to be used by a standing motor vehicle, which space shall not be located in any front yard or side yard adjacent to a street.

"Permitted use" is a use "by right" that is permitted within the zoning code that is ministerial and will not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of the California Environmental Quality Act (CEQA) cited in Division 13 (commencing with Section 21000) of the Public Resources Code.

"Place of human habitation" is a recreational vehicle or travel trailer used for more than one consecutive day in a three hundred and sixty five day period, which contains facilities for living, sleeping, cooking, eating, restroom, or bathing.

"Planning commission" shall mean the planning commission of the County of Tehama, State of California.

"Poultry" shall mean chickens and roosters, turkeys, ducks, game birds, pigeons, or any other similar fowl.

"Premises" shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

"Recreational vehicle" shall mean either of the following:

A.

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2.

It contains four hundred square feet or less of gross area measured at maximum horizontal projections.

3.

It is built on a single chassis.

4.

It is either self-propelled, truck mounted, or permanently towable on the highways without a permit.

B.

A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:

1.

It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length in the traveling mode.

2.

It is built on a single chassis.

3.

It may only be transported upon the public highways with a permit.

"Recreational vehicle park" shall have the meaning set forth in Health and Safety Code section 18862.39.

"Semi-heavy agriculture" shall mean:

A.

Any use defined under light agriculture without limitation as to number of animals, except for poultry farms;

B.

Feed yards, commercial riding academies;

C.

Hog ranches;

D.

Menageries, animal hospitals, commercial kennels as defined in Section 7.04.050, and dairies;

E.

Fruit and vegetable packing and processing plants, wineries and similar uses;

F.

Any accessory agricultural purpose.

"Service station" shall mean a retail business establishment supplying gasoline and oil and minor accessories and services for automobiles.

"Setback line" shall mean a line established by this or other code to govern the placement of buildings with respect to streets, alleys and property lines.

"Single room occupancy (SRO)" is a room or unit within a lodging house as defined by the Tehama County Zoning Code that is usually between two hundred to three hundred fifty square feet and may include a kitchen and/or a bathroom, in addition to a bed.

"Small solar energy system" is any solar energy system whose primary purpose is to provide for onpremises space heating or cooling, or on-premises water heating, or which is intended to solely to reduce on-premises consumption of utility power. Small solar energy systems must be ancillary to a principally permitted use of the premises.

"Solar energy system" means either of the following:

1.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

"Solar power facility" means any solar energy system whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Any solar energy system that is not a small solar energy system or a dual purpose solar energy system shall be considered a solar power facility for purposes of this title.

"Stable, commercial" shall mean a stable for horses to be rented, hired, or used on a commercial basis.

"Stable, private" shall mean a stable for horses to be used by the owners.

"Stockyard, feedlot and sales yard" shall mean a facility used for:

A.

Any tract of land or structure wherein any type of fowl or the byproducts thereof are raised for sale at wholesale or retail;

B.

Any structure, pen or corral wherein cattle, horses, sheep, goats or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market;

C.

Any structure, pen or corral wherein large numbers of cattle, horses, sheep, goats and swine are maintained in close quarters over an extended period of time, for resale only.

"Structural alterations" shall mean any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, and ceiling joists.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. For purposes of this section, "target population" means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Tourist court" shall mean a group of buildings designed for use by tourists or transients with living or sleeping rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis, including an auto court, motor court and motor lodge.

"Transient lodging" shall mean either a hotel, inn, motel, tourist home, or other lodging facility for persons staying thirty days or less, or an emergency shelter.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to

another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

"Williamson Act Land(s)" means land that is in contract with counties to conserve their properties as farmland and open space (Government Code §51200, et seq.) and based on The California Land Conservation Act of 1965, also known as the Williamson Act.

"Wind energy system" means any equipment or facility that converts and then stores or transfers energy from the wind into usable forms of energy, which may consist of but is not limited to a wind turbine, a tower, a mill, and associated controls or conversion electronics.

"Wind energy system; small" is a wind energy system used only to reduce on-premises consumption of utility power. The purpose of a small wind energy system is to be an accessory use of the property. Small wind energy systems shall not exceed twenty kilowatts. When a premises on which a small wind energy system is installed also receives electrical power supplied by a utility company, any excess electrical power generated by the small wind energy system, and not then needed for on-premises use, may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-premises use. No net revenue to the owners shall be produced by such excess electrical power generation.

"Wind power facility" means a wind energy system whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Any wind energy system that is not a small wind energy system or a dual purpose wind energy system shall be considered a wind power facility for purposes of this chapter.

"Yard, front" is a yard extending across the full width of the lot, measured between the street line, or the lot line connected to a street by legal access, and the nearest line of the main building or enclosed or covered porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage.

"Yard, rear" is a yard extending between the side yards of the lot and measured between the rear line of the lot and rear line of the main building or enclosed or covered porch nearest the rear line of the lot.

"Yards" means the land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site.

"Yard, side" is a yard on each side of the building extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed or covered porch.

(Ord. No. 2104 § 1, 4-27-2021)

Chapter 17.06 - ZONING DISTRICTS

Sections:

17.06.010 - Designation of districts.

A.

The several classes of general districts hereby provided, and into which the county may be divided, are designated as follows:

B.

In addition to the foregoing classes of districts, certain combining districts may be established and are designated as follows:

(Ord. 1683 § 2(part), 1997; Ord. 1446 § 3, 1989; 1228 § 2(Ch. 6), 1983)

(Ord. No. 1972, §§ 6, 7, 10-23-2012)

A.

The zoning districts are delineated on the official zoning map of the County of Tehama which, together with all explanatory matter entered thereon, are attached to the ordinance enacting this section and are hereby adopted by this reference and declared to be a part of this title of the Tehama County Code. The zoning map so adopted shall replace and supersede any prior sectional district maps adopted by the County of Tehama. The zoning map shall be maintained in the office of the director of planning, and shall be available for public inspection.

B.

If, in accordance with provisions of this title and state law, a change is made in a district boundary or other matter shown on the zoning map adopted herein, such change shall be reflected in an amended zoning map which shall be approved by the board of supervisors and designated as a subsection of this section.

(Ord. 1228 § 2(Ch. 7(part)), 1983)

(Ord. No. 1972, §§ 8, 9, 10-23-2012)

Where uncertainty exists as to boundaries of any of the districts mentioned in this chapter or as shown on said sectional district maps, the following rules shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines, such street and alley lines shall be construed to be such boundaries.

B.

Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

C.

In subdivided property and where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown upon said sectional district maps, shall be determined by the use of the scale appearing on such sectional district maps. The location of a district boundary may be adjusted within a single lot by application of the variance procedure, set out in Chapter 17.72 of this Code.

D.

In case further uncertainty exists, the planning commission upon written application or upon its own motion, shall determine the location of such boundaries.

(Ord. 1228 § 2(Ch. 7(part)), 1983)

Chapter 17.08 - GENERAL PROVISIONS AND EXCEPTIONS

Sections:

The following uses, in addition to those hereinafter mentioned, shall be permitted:

A.

The operation of necessary service facilities and equipment in connection with schools, colleges, and other institutions when located on the site of the principal use;

B.

Recreation, refreshment and service buildings in public parks, playgrounds and golf courses;

C.

Airports may be permitted in any district upon the securing of use permits in each case;

D.

Light agriculture use as defined herein on sites of two acres or more shall be permitted in all C-1, C-2, C-3, M-1 and M-2 districts;

E.

Existing dwellings, mobile homes or recreational vehicles may be used as a temporary dwelling during the construction of a conventional home or the establishment of a mobile home in all districts for up to one year, with two six-month extensions available if construction is not completed within the year. Said dwelling, mobile home or recreational vehicle shall be removed or converted to a nonresidential use within sixty days of final approved inspection of the dwelling by the department of building and safety or the

exhaustion of the maximum two-year temporary occupancy, whichever comes first, or be in violation of this section;

F.

The commercial excavation of natural materials, and accessory uses in conjunction with extraction activities including, but not limited to: crushing, screening, asphaltic concrete and concrete batching may be permitted in any district upon the securing of a use permit in each case except within the designated floodways as established by the state of California Reclamation Board on the Sacramento River, and the main and south forks of Cottonwood Creek. Except for excavation projects allowed by use permits which were approved prior to the effective date of the ordinance codified in this chapter, commercial excavation is prohibited in the aforementioned designated floodway areas.

G.

1.

Except as provided in subsections G.2. and G.3. of this section, locations of underground utility installations and aboveground utility installations including radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, and small television reception apparatuses (antenna/dish) that are stand-alone or fixed to an approved residential structure may be permitted within any district or as allowed pursuant to Tehama County Code Section's 17.71.030 if it meets all local/state/federal codes, whereas electrical substations and generating plants that are not located in accordance with the State of California Public Utilities Commission rules and regulations within rights-ofway, easements, franchises or ownerships of public utilities shall require a Use Permit as provided in Chapter 17.70.

2.

Notwithstanding subsection G.1. of this section, pipelines, electric, telephone lines either underground or aboveground, or rail lines shall not be subject to a use permit requirement when located in accordance with the state of California Public Utilities Commission rules and regulations within rights-of-way, easements, franchises or ownerships of the public utilities. This subsection shall not apply to a High Voltage Electrical Facility.

3.

Notwithstanding subsection G.1. of this section or any other provision of this Title, a High Voltage Electrical Facility may be permitted in any district only upon the securing of a use permit issued by the Board of Supervisors pursuant to Section 17.70.015.

H.

Pot-Bellied Pigs. As an accessory use to a detached single-family dwelling in an RE; Residential Estates Zoning District and an R-1; One-Family Residential Zoning District. No more than five Vietnamese potbellied pigs (sus scrofa) may be kept or harbored as a pet. In combination with dogs, no more than five animals may be kept, provided:

1.

The animal is regularly housed indoors, and when outdoors, is restrained by leash or within a durable fenced enclosed area;

2.

Pot-bellied pigs over the age of four months shall be neutered or spayed. Exemption for neutering or spaying will be considered by the county of Tehama animal control department when presented with evidence authored by a veterinarian stating that the procedure would be detrimental to the health of the animal;

3.

The owner has obtained a license issued by the county of Tehama animal control department for the potbellied pig, which shall be issued only after proof of neutering or spaying has been provided. The licensure fee shall be equivalent to the dog licensure fee; and

4.

Tusks shall be regularly trimmed so as not to exceed one inch in length outside the outer lip.

I.

Bed and breakfast establishments shall be considered a permitted use in all zoning districts allowing dwelling units by right, except the AG-1, AG-2, AG-3, AG-4 and NR zoning districts. Bed and breakfast establishments are defined as a single-family structure in which there is a full time, permanent resident family and guest bedrooms and table board for not more than four paying guests. Meals shall be prepared each day in a kitchen appropriately permitted by the Tehama County Department of Environmental Health. Bed and breakfasts shall meet the following requirements:

1.

The structure and facilities used shall be approved for such use by the Tehama County Department of Environmental Health and shall at a minimum comply with the following standards:

a.

The residence shall be serviced by an approved community sewage disposal system, or have an individual system satisfying current code requirements.

b.

Water supply shall be by an approved community system, or from an individual well having quality and quantity satisfying current code requirements.

2.

The structure and facilities used shall be approved by all fire protection agencies necessary to comply with applicable provisions the Tehama County Code and state law.

3.

A sign of not more than four square feet shall be posted and clearly visible from the nearest road. The sign shall require the street address and may contain the name of the owner or the establishment. Signs exceeding four square feet shall require planning commission approval.

4.

At a minimum, an 8½ × 11-inch written notice must be placed in each rental unit, which contains the following information:

a.

Instructions in case of fire or other emergency, including the name and phone number of the property owner or rental manager.

b.

Quiet hours are between ten p.m. and eight a.m., and shall be strictly enforced.

c.

Water and energy conservation measures.

d.

Proper use of wood burning stoves and fireplaces.

e.

Parking and snow removal requirements if necessary. No parking on roadway is permitted during snow removal periods declared by the public works director.

f.

An identification of the character or area in which the unit is located (i.e. rural, agricultural, residential).

g.

A statement relative to respect for adjacent property owner's rights and trespassing concerns.

h.

Proper trash disposal, and bear preventive/control measures if applicable.

5.

At the time the registration certificate is approved, the structure must be found in conformance with current building code requirements by the chief building inspector relative to the basic health, safety and welfare of the occupants.

The following on-site parking standards shall apply:

a.

Bed and breakfast establishments shall have two parking spaces for the residence plus at least one space for each bedroom available for rent.

b.

Parking provided shall be maintained so that it is accessible, usable, and utilized at all times during the year, when it is occupied.

7.

The applicant shall apply to the Tehama County Planning Department for site plan review and approval. The planning department shall forward the application to the Tehama County Department of Building and Safety, Tehama County Department of Environmental Health, and Tehama County Fire Chief for review.

8.

Following review and determination by the director of planning that the foregoing requirements have been met, the director shall issue a bed and breakfast occupancy registration certificate to the applicant.

9.

Permitted bed and breakfast establishments that have received a registration certificate under this section are specifically excluded from the definition of "hotel" as described in this Title.

(Ord. 1837 §1, 2005; Ord. 1753 §2, 2001; Ord. 1720 §2(part), 2000; Ord. 1683 §2(part), 1997; Ord. 1644 §2, 1995; Ord. 1435 §2, 1988; Ord. 1228 §2(Ch. 46, Art. 1), 1983)

(Ord. No. 1953, § 2, 3, 11-23-2010; Ord. No. 1972, §§ 10, 11, 10-23-2012; Ord. No. 2113, § 2, 11-16-2021)

17.08.011 - Transitional and supportive housing.

Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. No. 1951, § 27, 10-19-2010)

17.08.012 - Employee and farmworker housing.

A.

Any employee housing providing accommodations for six or fewer employees shall be deemed a onefamily dwelling for purposes of this title. No use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone.

B.

Notwithstanding any other provision of this title, any agricultural employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household shall be deemed light agriculture. The occupancy of such employee housing may include agricultural employees who do not work on the property where the employee housing is located. No conditional use permit, zoning variance, or other zoning clearance shall be required of such employee housing that is not required of any other light agricultural activity in the same zone.

(Ord. No. 1951, § 36, 10-19-2010)

Any of the following residential care facilities shall be deemed a one-family dwelling for purposes of this title, whether or not unrelated persons are living together:

A.

An "intermediate care facility/developmentally disabled habilitative" which serves six or fewer persons;

B.

An "intermediate care facility/developmentally disabled—nursing" which serves six or fewer persons;

C.

A "congregate living health facility," as defined in Health and Safety Code section 1250, subdivision (i); or

D.

A "residential facility," as defined in Health and Safety Code section 1502, subdivision (a)(1), as hereafter amended, that serves six or fewer persons.

No conditional use permit, zoning variance, or other zoning clearance shall be required of such a residential care facility which is not required of a one-family dwelling in the same zone. Such residential care facilities shall be subject to the same requirements, standards, and restrictions as other one-family dwellings in the same zone.

(Ord. No. 1951, § 37, 10-19-2010)

A.

A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard. In exception to the provisions of this section, a garage or other similar outbuilding not exceeding fifteen feet in height at the ridge may be built against the side and rear line, provided that said garage or similar outbuilding is not less than seventy feet from any street; otherwise said garage or similar outbuilding shall observe a five-foot clear distance for side

line and rear line. A detached garage or accessory building shall not be closer than eight feet clear distance to the main building.

B.

Notwithstanding the maximum building coverage requirements of Sections 17.16.060(B) and 17.18.070(B), a maximum building coverage of fifty percent of the lot area shall be allowed in the following enumerated lots within River Lakes Ranch Subdivision also known as Lake California: lots 444 through 452 inclusive, of Tract 1001; lots 44 through 93 inclusive, of Tract 1013; lots 297 through 312 inclusive, of Tract 1004; and lots 241 through 553 inclusive, of Tract 1006.

(Ord. 1857 §1, 2006; Ord. 1683 §§1, 2(part), 1997; Ord. 1228 §2(Ch. 46, Art. 2), 1983)

(Ord. No. 2060, § 1, 4-17-2018)

17.08.030 - Yards.

A.

A primary structure shall not occupy any portion of a front, side (including street side) or rear yard as defined by setbacks herein, unless otherwise provided for in this title.

B.

In any case where a setback line for the construction of buildings and/or structures has been established within this title, a structure and/or building addition may not encroach within the line unless the existing structure or property is considered legally non-conforming per section 17.74.010 by the director of planning or their designee. Once the director of planning or their designee has determined that an existing structure or property is legally non-conforming, they may approve a setback adjustment to the proposed structure and/or building thereby allowing the addition.

C.

Garages, carports, and other accessory buildings may be attached to and have a common wall with the main building or, when located as required by this title, may be connected thereto by a breezeway.

D.

Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance not exceeding one-half the width of the side yard required for the lot.

E.

In case a dwelling is to be located so that the front or rear thereof faces any side lot line such dwelling shall be located not less than ten feet from such lot line. The shorter street frontage of a corner lot shall be considered the front of the lot.

F.

In R districts fences in side and rear yards may not exceed six feet in height, and fences and hedges may not exceed three feet within the front yard setback.

G.

In any full block of lots the front yards may be varied so that the required yard depth is not reduced more than five feet, the average of all lots equals the required yard's depth, and corner lot yards are not reduced.

(Ord. 1683 §1, §2(part), 1997; Ord. 1228 §2(Ch. 46, Art. 3), 1983)

(Ord. No. 2060, § 1, 4-17-2018)

17.08.040 - Height exceptions.

A.

Silo's, Spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) that are stand-alone or fixed to an approved residential structure, and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five feet above the height limit established for the district in which the structure is located or as allowed pursuant to Tehama County Code Section's 17.71.030; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial or advertising purposes, except as otherwise specified in the Zoning Code. Structures and communication facilities identified in Chapter 17.71Communication facilities shall be excluded from any districts height standards provided they comply with the provisions in Chapter 17.71.

B.

The above height limitations shall be subject to laws and regulations of the state and federal government.

(Ord. 1720 §2(part), 2000; Ord. 1228 §2(Ch. 46, Art. 4), 1983)

(Ord. No. 2113, § 4, 11-16-2021)

17.08.050 - Accessory dwelling units.

(R-1, RE, AG-1, AG-2, AG-3, AG-4, and NR districts) The purpose of this section is to provide standards for accessory dwelling units (ADU) to be constructed on lots developed or proposed to be developed with single family dwellings. Such accessory dwellings contribute to the supply of needed housing for the community's housing stock. Thus, accessory dwellings units are a residential use which is consistent with the General Plan objectives and zoning regulations, which enhance housing opportunities in the county.

A.

One attached or detached ADU may be established on all lots that are occupied with a single family dwelling unit and zoned residential or any lot that has an existing legally established permitted single family dwelling. The construction of any ADU is subject to the following requirements:

1.

The unit is not intended for sale separate from the primary residence and may be rented.

2.

The lot is zoned R-1, RE, AG-1, AG-2, AG-3, AG-4, or NR.

3.

The lot on which the ADU is constructed shall contain an existing owner-occupied single-family residence. The property owner must maintain occupancy of either the main residence or second residence.

4.

The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

5.

The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of one thousand two hundred square feet.

6.

The total area of floor space for a detached ADU shall not exceed one thousand two hundred square feet.

7.

The ADU shall conform to height, setback, lot coverage, site plan review, fees, charges and other zoning, building and health code requirements generally applicable to residential construction.

8.

Adequate sewer and potable water facilities shall be provided as determined by the Tehama County Environmental Health Department.

9.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

10.

Setbacks are not required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage.

(Ord. 1688 §2, 1998)

(Ord. No. 1972, §§ 12, 13, 10-23-2012; Ord. No. 2060, § 1, 4-17-2018)

Editor's note— Ord. No. 2060, § 1, adopted April 17, 2018, repealed § 17.08.060, which pertained to interim prohibition on subdivision of agricultural lands, and derived from Ord. 1881 § 4, adopted in 2007; and Ord. 1880 § 3, adopted in 2007.

Editor's note— Ord. No. 2060, § 1, adopted April 17, 2018, repealed § 17.08.060, which pertained to interim prohibition of establishment or operation of marijuana dispensaries, and derived from Ord. No. 1924, § 3, adopted Sept. 15, 2009; Ord. No. 1929, § 4, adopted Oct. 27, 2009; and Ord. No. 1946, § 4, adopted Aug. 31, 2010.

Any commercial or industrial building or complex that exceeds ten thousand square feet of impervious surface shall be required to meet the minimum design standards prior to plot plan approval for a building permit outlined below.

A.

Building design.

1.

Building and structure height limits shall as per Section 17.34.070.

2.

Bland walls along streets and highways shall be avoided.

3.

Pedestrian amenities should be incorporated into the site design. These elements should complement the site and should not be added as an afterthought.

B.

Color.

1.

Building color should be natural earth tones and shall not become the "signing" for the project by competing for attention.

2.

Accent colors shall complement the base color or a variation of its hue either weaker or stronger.

3.

Architectural design should be painted to complement the facade and tie into with the adjacent buildings.

C.

Building Materials.

1.

Encourage materials including but not limited to:

a.

Masonry;

b.

Brick;

c.

Stucco;

d.

Architectural or pre-finished metal.

D.

Screening of roof equipment.

1.

All roof equipment shall be completely screened from a horizontal line of sight. Mechanical equipment should be located below the highest vertical element of the building.

2.

For flat roofs, a screened enclosure behind a parapet wall may be used if it is made to appear as an integral part of the structure's design. Screened ground or interior mounted mechanical equipment is encouraged as an alternative.

E.

Screening of refuse, storage and equipment areas.

1.

Trash storage areas shall include solid masonry wall with a solid gate at the front. Trash enclosures visible from upper stories of adjacent structures should be opaque or semi opaque and shall be compatible with the sites architectural style.

The following development design standards shall apply to all commercial and industrial zones regardless of size;

F.

Landscaping.

1.

Landscaping should be used to help define the outdoor spaces, soften a structures appearance and screen parking, loading, storage and equipment areas.

2.

Parking areas shall be landscaped to a depth of ten feet measure from the abutting street right of way line, with openings for walkway and/or driveway purposes in accordance with county standards.

3.

All Landscaping shall be maintained with in-ground permanent irrigation system.

4.

Large parking areas shall landscape a minimum of five percent of the gross lot area used for off-street parking and access thereto, exclusive of any landscape strip abutting the street right-of-way or area used for walkways and/or driveways. This required landscaping shall include one tree, of a species suited to the area climate zone, for every eight parking spaces.

5.

Exterior lighting shall be properly shielded to eliminate light and glare from impacting adjacent properties, and passing vehicles or pedestrians.

G.

Signs.

1.

All signs shall advertise the primary permitted uses conducted or services offered on the site of such primary use or service. The sign(s) shall not exceed an aggregate area of two square feet for each lineal foot of site frontage on a street or road and further, shall not exceed a maximum of four hundred square feet and six feet in height.

2.

Directional and informational signs of not more than six square feet may be permitted upon the securing of a use permit in each particular case.

3.

Outdoor advertising signs or structures which advertise other than uses conducted or services offered on the site may be permitted upon the securing of a use permit in M-1 and M-2 districts.

4.

Signs shall not have any moving or rotating, flashing or otherwise animated light or component, except approved off-site digital signs, standard barber poles, time and temperature signs that are located in commercial and industrial zones, and community identification signs.

5.

Signs shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired.

6.

All signs may be illuminated from an internal or external light source. Signs with individual, threedimensional letters may also use rear "halo" illumination for each letter.

7.

Pole signs which identify the primary permitted use conducted or services offered on the site shall be permitted provided that such sign(s) are located on, at or immediately adjacent to the structure contained such use or service. The sign(s) shall not exceed an aggregate area of two square feet for each lineal foot of site frontage on a street or road and further, shall not exceed a maximum of four hundred square feet.

H.

Off-Street Parking.

1.

Construction of the main building or structure or enlargement of the same main building or structure or increase in capacity shall provide adequate off-street parking and loading with provisions for ingress and egress by standard size automobiles.

2.

All parking shall be located on the same lot or parcel as the use which the spaces serve, except as otherwise provided in this chapter.

3.

All required off-street parking and loading spaces shall be maintained in good condition for the duration of the use that they are intended to serve.

4.

Every hospital, institution, hotel, commercial or industrial building hereafter erected or established on a lot which abuts upon an alley or is surrounded on all sides by streets shall have one permanently maintained

loading space of not less than ten feet in width, twenty feet in length, and fourteen feet in height for each four thousand square feet of lot area upon which said building is located; provided, however, that not more than two such spaces shall be required on any lot.

5.

Such area shall be paved with bituminous or concrete surfacing and shall have appropriate bumper guards where needed. Required front and side yards shall be landscaped with evergreen ground cover and properly maintained. The foregoing yard requirement may be waived in particular cases by action of the board.

6.

Parking Space Perpetuation. Parking space as required in this section shall be on the same lot with the main building or structure or located not more than three hundred feet therefrom. To insure the perpetuation of the parking space requirement in this chapter, the owner and/or owners of the same lot or lots with the main building, buildings, structure or structures, and the owner of the parking space shall execute a declaration of restrictions and covenants covering said lot or lots and parking space setting aside the required space for parking only, which restrictions and covenants may be waived only by the consent of the owner or owners of more than one-half of the said lot or lots and parking space.

7.

Compact vehicle parking may be provided at the following rate;

Off-Street Parking Space Requirements

8.

Exceptions and/or modification may be made for a particular use if a use permit is obtained. The approving body must find, based upon data submitted by the applicant, that the proposed arrangement and design will be of equal or greater excellence in arrangement, design or attractiveness than would be realized by the normal standards of this chapter. An exception can also be made if the proposed use is to be located in a facility that existed before the date of adoption of this ordinance and is not feasible, due to space constraints, to provide the required parking.

(Ord. No. 2057, § 1, 3-27-2018; Ord. 2081 § 3, 9-17-19)

Editor's note— Ord. 2081 § 3, adopted September 17, 2019 repealed § 17.08.080 and renumbered former § 17.08.090 as § 17.08.080. Former § 17.08.080 pertained to the interim prohibition of chicken, poultry, or other fowl farms without a use permit and derived from Ord. No. 1997, § 3, adopted January 6, 2015; and Ord. No. 1999, § 4, adopted February 10, 2015.

Editor's note— See editor's note at § 17.08.080.

Chapter 17.09 - MARIJUANA DISPENSARIES

Sections:

Pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code sections 11362.768 and 11362.83, and Government Code sections 65800 et seq., the board of supervisors does enact this chapter, which shall be known and may be cited as the "Tehama County Marijuana Dispensary Ordinance."

(Ord. No. 1957, § 1, 6-28-2011)

The Board of Supervisors of the County of Tehama hereby finds and declares the following:

A.

In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996").

B.

In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq.) to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes.

C.

Proposition 215 and Senate Bill 420 provide qualifying patients and primary caregivers with limited immunity from state criminal prosecution under certain identified statutes. Neither Proposition 215 nor Senate Bill 420, nor the Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use adopted pursuant to Senate Bill 420, provides comprehensive land use regulation of facilities and premises at which marijuana is dispensed.

D.

Facilities and premises at which marijuana is dispensed have the potential to cause serious harmful effects on the neighborhoods in which they are located, to owners of property in such neighborhoods, and to citizens living, visiting, shopping, conducting business or otherwise present in the area, as reported by several other California counties and cities. Such effects are due to such factors as the illegal nature of the activity under federal law, the presence of large quantities of marijuana at the dispensaries, the presence of large amounts of cash, the presence of weapons, and other factors. Harmful effects at the dispensaries and the surrounding areas have included an increase in burglaries, robberies, illegal sales of drugs, use or possession of marijuana by unauthorized persons, attacks on persons entering or leaving the premises, loitering, smoking marijuana in public places, and driving while under the influence of marijuana. These harmful "secondary effects" are further detailed in the White Paper on Marijuana Dispensaries by California Police Chief's Association Task Force on Marijuana Dispensaries dated April 22, 2009. The violent January 2009 home invasion burglary and homicide in Los Molinos, targeting the substantial amounts of marijuana possessed by the home's occupant ostensibly for medical purposes, is one recent local example of the "secondary effects" of concentrating substantial amounts of marijuana in one place.

E.

The County of Tehama has a compelling interest in establishing comprehensive land use regulation of facilities and premises at which marijuana is dispensed, in order to mitigate and avoid the secondary effects described above and protect the public health, safety and welfare of its residents and businesses.

F.

Proposition 215 and Senate Bill 420 do not preempt local zoning or nuisance regulations affecting marijuana-related land uses; rather, Senate Bill 420 expressly authorizes cities and counties to regulate the "location and establishment" of marijuana dispensaries (Health & Saf. Code, § 11362.768, subd. (f)), and to

adopt and enforce ordinances that are consistent with Senate Bill 420. (Health & Saf. Code, § 11362.83.) Local regulatory authority over such land uses has been recognized and affirmed in such cases as City of Claremont v. Kruse (2009) 177 Cal.App.4th 1153 and County of Los Angeles v. Hill (2011) 192 Cal.App.4th 861.

G.

As with most land uses, the secondary impacts associated with facilities and premises at which marijuana is dispensed can vary significantly depending on both the manner and intensity with which the activity is conducted. The operation of a highly visible retail-level enterprise (i.e., "storefront") presents heightened impacts, as would a large-scale collective or cooperative regardless of its operating characteristics. The intent of this ordinance is not to prohibit all collective and cooperative marijuana cultivation, but rather to limit the manner and intensity of such activities to protect the public health, safety and welfare. Therefore, the definition of "dispensary" set forth in this chapter clearly distinguishes between large-scale dispensaries and small private patient groups. Prohibiting "dispensaries," as defined, does not prohibit all collective and cooperative marijuana cultivation, and does not affect small private medical marijuana collectives and cooperatives operating in a manner and intensity that does not adversely impact the public welfare.

H.

No provision of this chapter shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of state or federal law or this Code. Nothing in this ordinance shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under state or federal law. No provision of this chapter deemed a defense or immunity to any action brought against any person by the Tehama County District Attorney, the Attorney General of the State of California, or the United States of America.

(Ord. No. 1957, § 1, 6-28-2011)

17.09.030 - Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

A.

"Facility" includes any facility, building, structure, premises, or location, whether fixed or mobile, permanent or temporary, and any delivery service.

B.

"Marijuana dispensary" means any for-profit or not-for-profit facility meeting any or all of the following criteria:

1.

A facility where marijuana is made available, sold, given, distributed, or otherwise provided by or to ten or more persons (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s)

with an identification card") pursuant to Health and Safety Code sections 11362.5 and/or 11362.7 et seq. or otherwise.

2.

A facility where ten or more persons (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s) with an identification card") meet or congregate to make available, sell, give away, distribute, or otherwise provide marijuana for medical or other purposes.

3.

A facility where any marijuana cooperative, collective, operator, establishment, or provider operates a storefront or mobile retail outlet providing marijuana or other goods or services to the members of the collective or cooperative or to the public.

"Marijuana dispensary" includes any medical marijuana collective or cooperative that meets any or all of the foregoing criteria. "Marijuana dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by the Tehama County Code: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code, a residential hospice; or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health & Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health & Safety Code sections 11362.5 et seq. and 11362.7 et seq. and the Tehama County Zoning Code (Title 17 of the Tehama County Code).

(Ord. No. 1957, § 1, 6-28-2011)

Notwithstanding any other provision of this Code, the establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted or conditionally permitted use in any zoning district, even if located within an otherwise permitted use. No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the County of Tehama or any officer or employee thereof.

(Ord. No. 1957, § 1, 6-28-2011)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the

fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 1957, § 1, 6-28-2011)

Chapter 17.10 - AG-1 AGRICULTURAL/UPLAND DISTRICT[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1972, §§ 14, 15, adopted Oct. 23, 2012, repealed the former Ch. 17.10, §§ 17.10.010—17.10.060, and enacted a new Ch. 17.10 as set out herein. The former Ch. 17.10 pertained to U-A upland agricultural district and derived from Ord. 1228 § 2(Ch. 8, Arts. 1, 4), adopted 1983; Ord. 1406 § 2, adopted 1988; Ord. 1514 § 2(part), adopted 1991; Ord. 1587 § 1(part), adopted 1993; Ord. 1591 § 1(part), adopted 1993; and Ord. 1683 § 2(part), adopted 1997.

A.

The purpose of the AG-1, Agricultural/Upland district classification is to implement the Upland Agriculture lands designation of the Land Use element of the Tehama County General Plan by recognizing lands capable of supporting grazing activities; providing for areas of intensive and extensive agriculturallycompatible uses; identifying and conserving areas of important open space, recreation, scenic, and natural value; and accommodating the use of land for compatible non-agricultural uses including commercial recreation, hunting and fishing, resource protection and management and habitat management.

B.

The specific regulations set out in this chapter and the general regulations set forth in Chapter 17.08 shall apply in all AG-1 districts.

C.

Unless context indicates otherwise, any reference in this Code to the UA zoning district shall be deemed to refer to the AG-1 district.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

Except as provided in Section 17.10.080, uses permitted in an AG-1 districts shall be as follows:

A.

The primary use of lands in this district is for the grazing of livestock.

B.

Secondary uses for lands in this district include tree, row, and field crops; farming; animal husbandry; nurseries and greenhouses for the propagation of plants, and semi-heavy agricultural uses as defined by Section 17.04.490, where the use does not require a use permit pursuant to Section 17.10.030.

C.

Residential uses accessory to agricultural and permitted commercial recreation operations. Except as otherwise provided in this title, including without limitation Sections 17.08.012, 17.08.050, and 17.10.030, such accessory residential uses shall be limited to the principal residence of the owner or operator.

D.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes on parcels forty acres or greater.

E.

Home occupations as defined in Section 17.04.280.

F.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism meeting the standards and requirements of Chapter 17.81.

G.

Agricultural homestays meeting the standards and requirements of Chapter 17.81, provided that such agricultural homestays are in conjunction with the primary agriculture production use of the property.

H.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products meeting the standards and requirements of Chapter 17.82.

(Ord. No. 1972, §§ 14, 15, 10-23-2012; Ord. No. 2016, §§ 8, 9, 10-20-2015)

Except as provided in Section 17.10.080, the following uses shall be permitted in an AG-1 district upon securing a use permit:

A.

Heavy agricultural uses as defined by Section 17.04.330

B.

Dairies and commercial cattle and hog feed lots.

C.

Youth ranches, educational or religious institutions, or similar uses.

D.

Additional farm labor or caretaker housing.

E.

Employee and farmworker housing exceeding the limits set pursuant to Section 17.08.012

F.

Soil amendment projects for the treatment of "non-hazardous petroleum contaminated soils" as defined by state law and regulations.

G.

Commercial shooting ranges as defined in Section 17.04.180

H.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism exceeding the standards and requirements of Chapter 17.81

I.

Temporary, seasonal collaborative sales of agricultural products in accordance with state and federal standards, such as farmers' markets.

J.

Commercial and industrial uses of primary and essential service to the agricultural use of the surrounding area, including, but not limited to, the sale of fertilizers and pesticides; the sale and repair of farm equipment and machinery, and the limited manufacture of agricultural equipment and machinery.

K.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes on parcels less than forty acres.

L.

Non-commercial wind generators exceeding eighty feet.

M.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. No. 1972, §§ 14, 15, 10-23-2012; Ord. No. 2016, §§ 10, 11, 10-20-2015)

17.10.040 - Yards.

Yard requirements in an AG-1 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater.

B.

Minimum side yards, ten feet; six feet on non-conforming parcels of ten acres or less.

C.

Minimum rear yards, twenty feet.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

17.10.050 - Lots.

Minimum lot area in an AG-1 district shall be one hundred sixty gross acres.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

17.10.060 - Building height.

Maximum building height in an AG-1 district shall be:

A.

Two and one-half stories, but not to exceed thirty-five feet except as provided in subdivisions B. and C.

B.

Grain silos and other agricultural product storage and processing structures are limited to sixty feet.

C.

Non-commercial wind generators accessory to a permitted use are limited to eighty feet, except as provided in Section 17.10.030.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

Minimum automobile parking in an AG-1 district shall be one space for each dwelling unit, and spaces for all vehicles clear of public streets and roads for other permitted uses.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code Section 51238.1, subdivision (B), for a use otherwise permitted in an AG-1 district, must be approved by the board of supervisors.

(Ord. No. 1972, §§ 14, 15, 10-23-2012)

Chapter 17.11 - AG-2 AGRICULTURAL/VALLEY DISTRICT

A.

The purpose of the AG-2, Agricultural/Valley district classification is to implement the Valley Floor

Agriculture lands designation of the land use element of the Tehama County General Plan by recognizing lands which are suited for, and are appropriately retained for, the production of orchard and field crops. This district classification includes lands with present or future potential for significant agricultural production, availability of water, and on which contiguous or intermixed smaller parcels having non-compatible uses could jeopardize the agricultural use of agricultural lands. Permitted nonagricultural uses within this district, to the greatest extent possible, should not occur on lands that might otherwise be devoted to agricultural production.

B.

The specific regulations set out in this chapter and the general regulations set forth in Chapter 17.08 shall apply in all AG-2 districts.

C.

Unless context indicates otherwise, any reference in this Code to the EA zoning district shall be deemed to refer to the AG-2, AG-3, and AG-4 districts.

(Ord. No. 1972, § 17, 10-23-2012)

Except as provided in Section 17.11.080, uses permitted in an AG-2 districts shall be as follows:

A.

The primary use of lands in this district is for the production of tree, row and field crops; and nurseries and greenhouses for the propagation of plants.

B.

Secondary uses for lands in this district include the grazing of livestock; animal husbandry; and semi-heavy agricultural uses as defined by Section 17.04.490, where the use does not require a use permit pursuant to Section 17.11.030.

C.

Residential uses accessory to agricultural and permitted commercial recreation operations. Except as otherwise provided in this title, including without limitation Sections 17.08.012, 17.08.050, and 17.11.030, such accessory residential uses shall be limited to the principal residence of the owner or operator.

D.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes on parcels forty acres or greater.

E.

Home occupations as defined in Section 17.04.280.

F.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism meeting the standards and requirements of Chapter 17.81.

G.

Agricultural homestays meeting the standards and requirements of Chapter 17.81, provided that such agricultural homestays are in conjunction with the primary agriculture production use of the property.

H.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products meeting the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 17, 10-23-2012; Ord. No. 2016, §§ 12, 13, 10-20-2015)

Except as provided in Section 17.11.080, the following uses shall be permitted in an AG-2 district upon securing a use permit:

A.

Heavy agricultural uses as defined by Section 17.04.330.

B.

Dairies and commercial cattle and hog feed lots.

C.

Youth ranches, educational or religious institutions, or similar uses.

D.

Additional farm labor or caretaker housing.

E.

Employee and farmworker housing exceeding the limits set pursuant to Section 17.08.012.

F.

Soil amendment projects for the treatment of "non-hazardous petroleum contaminated soils" as defined by state law and regulations.

G.

Commercial shooting ranges as defined in Section 17.04.180.

H.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism exceeding the standards and requirements of Chapter 17.81.

I.

Temporary, seasonal collaborative sales of agricultural products in accordance with state and federal standards, such as farmers' markets.

J.

Commercial and industrial uses of primary and essential service to the agricultural use of the surrounding area, including, but not limited to, the sale of fertilizers and pesticide; the sale and repair of farm equipment and machinery, and the limited manufacture of agricultural equipment and machinery.

K.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes on parcels less than forty acres.

L.

Non-commercial wind generators exceeding eighty feet.

M.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 17, 10-23-2012; Ord. No. 2016, §§ 14, 15, 10-20-2015)

17.11.040 - Yards.

Yard requirements in an AG-2 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater.

B.

Minimum side yards, ten feet; six feet on non-conforming parcels of ten acres or less.

C.

Minimum rear yards, twenty feet.

(Ord. No. 1972, § 17, 10-23-2012)

17.11.050 - Lots.

Except as provided in Section 17.11.080, minimum lot area in an AG-2 district shall be twenty gross acres.

(Ord. No. 1972, § 17, 10-23-2012)

17.11.060 - Building height.

Maximum building height in an AG-2 district shall be:

A.

Two and one-half stories, but not to exceed thirty-five feet except as provided in subdivisions B. and C.

B.

Grain silos and other agricultural product storage and processing structures are limited to sixty feet.

C.

Non-commercial wind generators accessory to a permitted use are limited to eighty feet, except as provided in Section 17.11.030.

(Ord. No. 1972, § 17, 10-23-2012)

Minimum automobile parking in an AG-2 district shall be one space for each dwelling unit, and spaces for all vehicles clear of public streets and roads for other permitted uses.

(Ord. No. 1972, § 17, 10-23-2012)

A.

Notwithstanding Section 17.11.050, the minimum lot area for lands in an AG-2 district that are subject to a Williamson Act or Farmland Security Zone contract is forty gross acres.

B.

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision B., for a use otherwise permitted in an AG-2 district, must be approved by the board of supervisors.

(Ord. No. 1972, § 17, 10-23-2012)

Chapter 17.12 - AG-3 AGRICULTURAL/EL CAMINO DISTRICT[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 1972, §§ 16, 18, adopted Oct. 23, 2012, repealed the former Ch. 12, §§ 17.12.010 —17.12.070, and enacted a new Ch. 12 as set out herein. The former Ch. 12 pertained to E-A exclusive agricultural district and derived from Ord. 1228 § 2(Ch. 9, Art. 1), adopted 1983; Ord. 1406, § 3, adopted 1988; Ord. 1546 § 1, adopted 1992; Ord. 1556 § 2, adopted 1992; Ord. 1591 § 1(part), adopted 1993; Ord. 1587 § 1(part), adopted 1993; Ord. 1644 § 1(part), adopted 1995; Ord. 1683 § 2(part), adopted 1997; and Ord. 1749 § 1, adopted 2001.

A.

The purpose of the AG-3, Agricultural/El Camino district classification is to implement the Valley Floor Agriculture - El Camino lands designation of the Land Use element of the Tehama County General Plan, applicable within the boundaries of the El Camino Irrigation District, by recognizing lands which are suited for, and are appropriately retained for, rural residential living opportunities; the small-scale production of orchard and field crops and the limited keeping of animals. This district classification includes lands with present or future potential for small-farm and hobby-farm agricultural production, the limited keeping and grazing of animals, and agricultural supporting land uses. Permitted non-agricultural uses within this district, to the greatest extent possible, should be limited to rural residential dwellings, agriculture supporting land uses and land uses that will not impact agricultural and rural living uses within in the El Camino and surrounding areas.

B.

The specific regulations set out in this chapter and the general regulations set forth in Chapter 17.08 shall apply in all AG-3 districts.

C.

Unless context indicates otherwise, any reference in this Code to the EA zoning district shall be deemed to refer to the AG-2, AG-3, and AG-4 districts.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

17.12.020 - Uses permitted.

Except as provided in Section 17.12.100, uses permitted in an AG-3 districts shall be as follows:

A.

The primary use of lands in this district is for the production of tree, row and field crops; and nurseries and greenhouses for the propagation of plants.

B.

Secondary uses for lands in this district include the grazing of livestock; animal husbandry; and light agricultural uses as defined by Section 17.04.340, where the use does not require a use permit pursuant to Section 17.12.030.

C.

On parcels twenty acres or larger, semi-heavy agricultural uses as defined in Section 17.90.490 are permitted, where the use does not require a use permit pursuant to Section 17.12.030.

D.

Rural residential one-family dwellings, including private garages, guest cottages, and accessory buildings and uses. Except as otherwise provided in this Title, including without limitation Sections 17.08.012, 17.08.050, and 17.12.030, such one-family dwellings shall be limited to one per pre-existing legal parcel.

E.

Poultry and rabbit farming; provided, that such operations for commercial purposes shall be confined within enclosed structures on parcels of five acres or less, and further provided that poultry farms meet the standards and requirements of Chapter 17.82.

F.

Home occupations as defined in Section 17.04.280.

G.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism meeting the standards and requirements of Chapter 17.81.

H.

Agricultural homestays meeting the standards and requirements of Chapter 17.81, provided that such agricultural homestays are in conjunction with the primary agriculture production use of the property.

(Ord. No. 1972, §§ 16, 18, 10-23-2012; Ord. No. 2016, §§ 16, 17, 10-20-2015)

Except as provided in Section 17.12.100, the following uses shall be permitted in an AG-3 district upon securing a use permit:

A.

Heavy agricultural uses as defined by Section 17.04.330.

B.

Semi-heavy agricultural uses, as defined in Section 17.90.490, on parcels of less than twenty acres.

C.

Dairies and commercial cattle and hog feed lots.

D.

Youth ranches, educational or religious institutions, or similar uses.

E.

Additional farm labor or caretaker housing.

F.

Employee and farmworker housing exceeding the limits set pursuant to Section 17.08.012.

G.

Soil amendment projects for the treatment of "non-hazardous petroleum contaminated soils" as defined by state law and regulations.

H.

Commercial shooting ranges as defined in Section 17.04.180.

I.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism exceeding the standards and requirements of Chapter 17.81.

J.

Temporary, seasonal collaborative sales of agricultural products in accordance with state and federal standards, such as farmers' markets.

K.

Commercial and industrial uses of primary and essential service to the agricultural use of the surrounding area, including, but not limited to, the sale of fertilizers and pesticides; the sale and repair of farm equipment and machinery, and the limited manufacture of agricultural equipment and machinery.

L.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes.

M.

Non-commercial wind generators exceeding eighty feet.

N.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. No. 1972, §§ 16, 18, 10-23-2012; Ord. No. 2016, §§ 18, 19, 10-20-2015)

17.12.040 - Yards.

Yard requirements in an AG-3 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater.

B.

Minimum side yards, ten feet; six feet on non-conforming parcels of 10 acres or less.

C.

Minimum rear yards, twenty feet.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

Special requirements for and distances between buildings in an AG-3 district shall be as follows: barns, stables, chicken houses, similar accessory buildings shall not be less than fifty feet from the front building line, nor less than ten feet from any side property line nor less than forty feet from any existing dwelling unit located on an adjacent parcel to the proposed building location.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

17.12.060 - Lots.

A.

Except as provided in Section 17.12.100, minimum lot area in an AG-3 district shall be five gross acres.

B.

Notwithstanding any other provision of this Code, no subdivision of lands within an AG-3 district shall be approved utilizing cluster development or density-averaging techniques, or otherwise, that results in any parcel of land being less than five gross acres in size.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

Maximum building height in an AG-3 district shall be:

A.

Two and one-half stories, but not to exceed thirty-five feet except as provided in subdivisions B. and C.

B.

Grain silos and other agricultural product storage and processing structures are limited to sixty feet.

C.

Non-commercial wind generators accessory to a permitted use are limited to eighty feet, except as provided in Section 17.12.030.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

Minimum automobile parking in an AG-3 district shall be one space for each dwelling unit, and spaces for all vehicles clear of public streets and roads for other permitted uses.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

Each subdivider of lands within an AG-3 district shall provide infrastructure for supplying irrigation water to the highest point on each of the parcels resulting from the subdivision (and any remainder parcel, to the extent authorized by law), at the subdivider's own cost and expense.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

17.12.100 - Williamson Act and Farmland Security Zone Contracted Lands.

A.

Notwithstanding Section 17.12.060, the minimum lot area for lands in an AG-3 district that are subject to a Williamson Act or Farmland Security Zone contract is forty gross acres.

B.

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision (B), for a use otherwise permitted in an AG-3 district, must be approved by the board of supervisors.

(Ord. No. 1972, §§ 16, 18, 10-23-2012)

Chapter 17.13 - AG-4 AGRICULTURAL/CAPAY DISTRICT

A.

The purpose of the AG-4, Agricultural/Capay district classification is to implement the Valley Floor Agriculture - Capay lands designation of the land use element of the Tehama County General Plan, applicable within the unincorporated community of Capay, by recognizing lands which are suited for, and is appropriately retained for, the production of orchard and field crops. This district classification includes lands with present or future potential for significant agricultural production, availability of water, and on which contiguous or intermixed smaller parcels having non-compatible uses could jeopardize the agricultural use of agricultural lands. Permitted non-agricultural uses within this district, to the greatest extent possible, should not occur on lands that might otherwise be devoted to agricultural production.

B.

The specific regulations set out in this chapter and the general regulations set forth in Chapter 17.08 shall apply in all AG-4 districts.

C.

Unless context indicates otherwise, any reference in this Code to the EA zoning district shall be deemed to refer to the AG-2, AG-3, and AG-4 districts.

(Ord. No. 1972, § 19, 10-23-2012)

Except as provided in Section 17.13.080, uses permitted in an AG-4 district shall be as follows:

A.

The primary use of lands in this district is for the production of tree, row and field crops; and nurseries and greenhouses for the propagation of plants.

B.

Secondary uses for lands in this district include the grazing of livestock; animal husbandry; and semi-heavy agricultural uses as defined by Section 17.04.490, where the use does not require a use permit pursuant to Section 17.13.030.

C.

Residential uses accessory to agricultural and permitted commercial recreation operations. Except as otherwise provided in this Title, including without limitation Sections 17.08.012, 17.08.050, and 17.11.030, such accessory residential uses shall be limited to the principal residence of the owner or operator.

D.

Home occupations as defined in Section 17.04.280.

E.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism meeting the standards and requirements of Chapter 17.81.

F.

Agricultural homestays meeting the standards and requirements of Chapter 17.81, provided that such agricultural homestays are in conjunction with the primary agriculture production use of the property.

G.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products meeting the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 19, 10-23-2012; Ord. No. 2016, §§ 20, 21, 10-20-2015)

Except as provided in Section 17.13.080, the following uses shall be permitted in an AG-4 district upon securing a use permit:

A.

Heavy agricultural uses as defined by Section 17.04.330.

B.

Dairies and commercial cattle and hog feed lots.

C.

Youth ranches, educational or religious institutions, or similar uses.

D.

Additional farm labor or caretaker housing.

E.

Employee and farmworker housing exceeding the limits set pursuant to Section 17.08.012

F.

Soil amendment projects for the treatment of "non-hazardous petroleum contaminated soils" as defined by state law and regulations.

G.

Commercial shooting ranges as defined in Section 17.04.180.

H.

Outdoor recreation uses such as agritourism, agri-nature tourism, collaborative agri-nature tourism events, and environmental learning tourism exceeding the standards and requirements of Chapter 17.81.

I.

Temporary, seasonal collaborative sales of agricultural products in accordance with state and federal standards, such as farmers' markets.

J.

Commercial and industrial uses of primary and essential service to the agricultural use of the surrounding area, including, but not limited to, the sale of fertilizers and pesticides; the sale and repair of farm equipment and machinery, and the limited manufacture of agricultural equipment and machinery.

K.

Mineral exploration which will not permanently interfere with the principal uses of the lands for agricultural purposes.

L.

Non-commercial wind generators exceeding eighty feet.

M.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. No. 1972, § 19, 10-23-2012; Ord. No. 2016, §§ 22, 23, 10-20-2015)

17.13.040 - Yards.

Yard requirements in an AG-4 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater.

B.

Minimum side yards, ten feet; six feet on non-conforming parcels of ten acres or less.

C.

Minimum rear yards, twenty feet.

(Ord. No. 1972, § 19, 10-23-2012)

17.13.050 - Lots.

Minimum lot area in an AG-4 district shall be forty gross acres.

(Ord. No. 1972, § 19, 10-23-2012)

17.13.060 - Building height.

Maximum building height in an AG-4 district shall be:

A.

Two and one-half stories, but not to exceed thirty-five feet except as provided in subdivisions (B) and (C).

B.

Grain silos and other agricultural product storage and processing structures are limited to sixty feet.

C.

Non-commercial wind generators accessory to a permitted use are limited to eighty feet, except as provided in Section 17.13.030.

(Ord. No. 1972, § 19, 10-23-2012)

Minimum automobile parking in an AG-4 district shall be one space for each dwelling unit, and spaces for all vehicles clear of public streets and roads for other permitted uses.

(Ord. No. 1972, § 19, 10-23-2012)

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision (b), for a use otherwise permitted in an AG-4 district, must be approved by the board of supervisors.

(Ord. No. 1972, § 19, 10-23-2012)

Chapter 17.14 - RE RESIDENTIAL ESTATE DISTRICT

Sections:

17.14.010 - Purpose.

A.

The purpose of the RE, residential estate district classification is to implement the suburban residential designation or category of the development pattern and community organization element of the county general plan.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all RE districts.

(Ord. 1228 §2(Ch. 13, Art. 1), 1983)

17.14.020 - Uses permitted.

Uses permitted in an RE district shall be as follows:

A.

One-family dwellings, including private garages, guest cottages, accessory buildings and uses, and home occupations;

B.

Crop and tree farming, grazing, non-commercial nurseries and greenhouses for the propagation of plants, but not including the raising of rabbits, dogs, fowl, or other animals for commercial purposes, or the sale of any products at retail on the premises;

C.

Private stables, provided such stable shall not be closer than twenty-five feet to any street or property line; one animal (horses, cattle, sheep, goats or pigs), maximum per one acre;

D.

Publicly-owned parks and playgrounds and public schools and buildings when placed in conformance with the general plan.

(Ord. 1683 §2(part), 1997; Ord. 1644 §1(part), 1995; Ord. 1228 §2(Ch. 13, Art. 2), 1983)

17.14.030 - Uses requiring use permits.

Uses requiring use permits in an RE district shall be as follows:

A.

Publicly-owned parks and playgrounds and public schools and buildings, except as noted in subsection D of Section 17.14.020;

B.

Sanitariums, rest homes, hospitals, churches, private schools, nursery schools and day-care centers;

C.

Golf courses and country clubs;

D.

Airports, helicopter ports, cemeteries.

(Ord. 1228 §2(Ch. 13, Art. 3), 1983)

17.14.040 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an RE district shall be as follows: per the Uniform Building Code, as amended.

(Ord. 1683 §2(part), 1997)

17.14.050 - Yards.

Yard requirements in an RE district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side yards, six feet;

C.

Rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.060 - Lots.

Lot requirements in an RE district shall be as follows:

A.

The minimum lot area for lots is ten thousand five hundred square feet (one-quarter acre).

B.

Lot width, one hundred feet.

(Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.070 - Building height and coverage.

Building requirements in an RE district shall be as follows:

A.

Building height limit, two and one-half stories, but not to exceed thirty-five feet;

B.

Maximum building coverage, forty percent of lot area.

(Ord. 1504 §1(part), 1991; Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

17.14.080 - Parking.

Automobile parking in an R-E district shall be one space for each dwelling unit in residential buildings, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses.

(Ord. 1228 §2(Ch. 13, Art. 4(part)), 1983)

Chapter 17.16 - R-1 ONE-FAMILY RESIDENCE DISTRICT

Sections:

17.16.010 - Purpose.

A.

The R-1, one-family residence district classification is intended to be applied in areas where topography, access, utilities and public services make the land suitable and desirable for single-family home development, and where the regulations of this classification will supply the necessary protection for such development. This district classification is consistent with the urban residential land use designation or

category of the development pattern and community organization element of the county general plan. This district classification is also consistent with the rural small lot and rural large lot land use designations with the application of the B combining district set out in Chapter 17.50 to restrict the maximum density to those permitted under the RS and RL classifications.

B.

The specific regulations set in this chapter and the general rules set forth in Chapter 17.08 shall apply in all R-1 districts.

(Ord. 1228 §2(Ch. 14, Art. 1), 1983)

17.16.020 - Uses permitted.

Uses permitted in an R-1 district shall be as follows:

A.

One-family dwellings, including private garages, accessory buildings and uses, and home occupations;

B.

Crop and tree farming, but not including commercial nurseries, or the raising of any animals other than ordinary household pets and not more than twelve hens or rabbits per lot;

C.

Publicly-owned parks and playgrounds, and public schools and buildings when placed in conformance with the general plan;

E.

The area rezoned from R1-A to R-1 in the map under this title shall not affect any uses permitted under R1A and not permitted under R-l, so long as the property continues under the same ownership providing the owner does not discontinue for a six-month period of time uses permitted under R1-A and not permitted under R-1 and further providing that any structures that may be necessary to continue uses under R1-A and prohibited under R-1 have not been destroyed or altered by fifty percent or more.

(Ord. 1683 §2(part), 1997; Ord. 1644 §1(part), 1995; Ord. 1228 §2(Ch. 14, Art. 2), 1983)

17.16.030 - Uses requiring use permits.

Uses requiring use permits in an R-1 district shall be as follows:

A.

Publicly-owned parks and playgrounds, and public schools and buildings, except as noted in subsection C of Section 17.16.020;

B.

Sanitariums, rest homes, hospitals, churches, private schools, nursery schools and daycare centers;

C.

Golf courses and country clubs; airports and cemeteries;

D.

Temporary stands for retail sales of agricultural products produced on the premises.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 14, Art. 3), 1983)

17.16.040 - Yards.

Yard requirements in an R-1 district shall be as follows:

A.

Minimum front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Minimum Side Yards. Side yards shall total not less than twenty percent of the lot width, and no side yard may be less than six feet; three feet shall be added to each required side yard for each story above the first story of any building; the side yard on the street side of each corner lot shall not be less than ten feet;

C.

Minimum rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 14, Art. 4(part)), 1983)

Lot requirements in an R-1 district shall be as follows:

A.

Minimum lot areas, in no case less than five thousand square feet;

B.

Minimum lot width, sixty feet.

(Ord. 1228 §2(Ch. 14, Art. 4(part)), 1983)

17.16.060 - Building height and coverage.

Building requirements in an R-1 district shall be as follows:

A.

Building height limit, two and one-half stories, but not to exceed thirty-five feet;

B.

Maximum main building coverage, forty percent of lot area.

(Ord. 1504 §1(part), 1991; Ord. 1228 §2(Ch. 14, Art. 4(part)), 1983)

Minimum automobile parking shall be one space for each dwelling unit in a residential building, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses.

(Ord. 1228 §2(Ch. 14, Art. 4(part)), 1983)

Chapter 17.18 - R-2 TWO-FAMILY RESIDENCE DISTRICT

Sections:

A.

The R-2, two-family residence district classification is intended to be applied in areas close to urban centers where all utilities are available and where housing demand justifies a density of two families per lot. This district classification is consistent with the urban residential land use designation or category of the development pattern and community organization element of the county general plan.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all R-2 districts.

(Ord. 1228 §2(Ch. 15, Art. 1), 1983)

17.18.020 - Uses permitted.

Uses permitted in an R-2 district shall be as follows:

A.

Uses as permitted in an R-1 district;

B.

Two-family dwellings.

(Ord. 1228 §2(Ch. 15, Art. 2), 1983)

17.18.030 - Uses requiring use permits.

Uses requiring use permits shall be those uses requiring a use permit in R-1 districts.

(Ord. 1228 §2(Ch. 15, Art. 3), 1983)

17.18.040 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an R-2 district shall be as follows: per the Uniform Building Code, as amended.

(Ord. 1683 §2(part), 1997)

17.18.050 - Yards.

Yard requirements in an R-2 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side Yards. Side yards shall total not less than twenty percent of the lot width, and no side yard may be less than six feet; three feet shall be added to each required side yard for each story above the first story of any building; the side on the street side of each corner lot shall be not less than ten feet;

C.

Rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 15, Art. 4(part)), 1983)

17.18.060 - Lots.

Lot requirements in an R-2 district shall be as follows:

A.

Minimum and maximum lot area, in no case less than six thousand square feet;

B.

Lot width, sixty feet.

(Ord. 1228 §2(Ch. 15, Art. 4(part)), 1983)

17.18.070 - Building height and coverage.

Building requirements in an R-2 district shall be as follows:

A.

Building height limit, two and one-half stories, but not to exceed thirty-five feet;

B.

Maximum main building coverage, forty-five percent of lot area.

(Ord. 1228 §2(Ch. 15, Art. 4(part)), 1983)

Automobile parking in an R-2 district shall be one space for each dwelling unit in residential buildings, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses.

(Ord. 1228 §2(Ch. 15, Art. 4(part)), 1983)

Chapter 17.20 - R-3 NEIGHBORHOOD APARTMENT DISTRICT

Sections:

17.20.010 - Purpose.

A.

The R-3, neighborhood apartment district classification is intended to be applied where it is reasonable to permit and protect garden-type low density apartment developments. This district is consistent with urban residential designation or category of the land use and housing elements of the county general plan.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all R-3 district.

(Ord. 1228 §2(Ch. 16, Art. 1), 1983)

(Ord. No. 1951, §§ 28, 29, 10-19-2010)

17.20.020 - Uses permitted.

Uses permitted in an R-3 district shall be as follows:

A.

Uses permitted in the R-1 and R-2 districts, except that one-family dwellings and two-family dwellings may be permitted only upon securing a use permit;

B.

Parks, playgrounds, public and private schools, churches, and religious institutions, libraries, day care centers and public buildings;

C.

Group buildings, multiple-family dwellings, apartments;

D.

Boardinghouses and lodginghouses;

E.

Private garages or parking lots uncovered and screened by suitable walls or planting, when operated by or in conjunction with a permitted use.

(Ord. 1556 §4(part) 1992; Ord. 1514 §4(part), 1991; Ord. 1228 §2(Ch. 16, Art. 2), 1983)

(Ord. No. 1951, §§ 30, 31, 10-19-2010)

Uses requiring use permits in an R-3 district shall be as follows: recreational vehicle park or mobile home park.

(Ord. 1683 §2(part), 1997)

Minimum height, bulk and space requirements in an R-3 district shall be as follows: none.

(Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

Yard requirements in an R-3 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side Yards. Side yards shall total not less than twenty percent of the lot width, and no side yard may be less than six feet; three feet shall be added to each required side yard for each story above the first story of any building; the side yard on the street side of each corner lot shall be not less than ten feet;

C.

Rear yards, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

Lot requirements in an R-3 district shall be as follows:

A.

Lot area, six thousand square feet, each permitted use, not less than one thousand five hundred square feet of lot area for each unit in multiple or apartment dwellings, and not less than two thousand square feet for each unit in group dwellings;

B.

Lot width, sixty feet.

(Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

Distances between buildings in an R-3 district shall be as follows:

A.

Main buildings on same lot, twelve feet;

B.

Group dwellings in a single row "side to side" series facing a side lot line; side yards to the rear of buildings, between buildings, ten feet;

C.

Group dwellings in a double row "side to side" series facing a central court; side yards to the rear of buildings, eight feet; width of central court, twenty-four feet; distance between buildings;

D.

The rear yard on a lot on which a dwelling group is constructed may be reduced to not less than twelve feet; no building in a group dwelling development shall have the rear thereof abutting upon a street.

(Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

17.20.080 - Building height and coverage.

Building requirements in an R-3 district shall be as follows:

A.

Building height limit, two and one-half stories, but not to exceed thirty-five feet;

B.

Maximum building coverage, fifty percent of lot area.

(Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

Automobile parking in an R-3 district shall be one space for each dwelling unit in residential buildings, one space for each two guestrooms in each boardinghouse or lodginghouse, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses.

(Ord. 1228 §2(Ch. 16, Art. 4(part)), 1983)

Chapter 17.22 - R-4 GENERAL APARTMENT DISTRICT

Sections:

A.

The R-4 district classification is intended to be applied in areas suitable for higher density residential uses and for professional offices and institutional uses, with adequate provisions for off-street parking. This district is consistent with the urban residential designation or category of the land use and housing elements of the county general plan.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all R-4 districts.

(Ord. 1228 §2(Ch. 17, Art. 1), 1983)

(Ord. No. 1951, §§ 32, 33, 10-19-2010)

17.22.020 - Uses permitted.

Uses permitted in an R-4 district shall be as follows:

A.

Uses permitted in R-1, R-2 and R-3 districts, except that one-family dwellings and two-family dwellings may be permitted only upon securing a use permit;

B.

Hotels, hospitals, mortuaries, rest homes, churches, private schools, sanitariums, nursery schools and day care centers;

C.

Professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, and attorneys; real estate and insurance offices; medical and dental clinics; and other uses which in the opinion of the planning commission are similar to the foregoing;

D.

Clubs, lodges and fraternities, except those operated as a business or for profit;

E.

Incidental and accessory buildings and uses on the same lot width, and necessary for the operation of any permitted use;

F.

Advertising signs pertaining directly to a nonresidential use on the property, and not to exceed one sign or a maximum area of six square feet for any such use.

(Ord. 1228 §2(Ch. 17, Art. 2), 1983)

(Ord. No. 1951, §§ 34, 35, 10-19-2010)

Uses requiring use permits in an R-4 district shall be as follows: recreational vehicle park or mobile home park.

(Ord. 1683 §2(part), 1997)

17.22.040 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an R-4 district shall be as follows: none.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

Yard requirements in an R-4 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side Yards. Side yards shall total not less than twenty percent of the lot width, and no side yard may be less than six feet; three feet shall be added to each required side yard for each story above the first story of any building; the side yard on the street side of each corner lot shall not be less than ten feet;

C.

Rear yard, twenty feet.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

17.22.060 - Lots.

Lot requirements for an R-4 district shall be as follows:

A.

Lot area, six thousand square feet;

B.

Lot width, sixty feet.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

17.22.070 - Distances between buildings.

Distances between main buildings on same lot in an R-4 district shall be the same as required in R-3 districts.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

17.22.080 - Building height and coverage.

Building requirements in an R-4 district shall be as follows:

A.

Building height limit shall be six stories or sixty-five feet; provided, that all buildings must be included within inclined planes sloping inward at a ratio of one foot horizontally to two feet vertically, such planes beginning at the minimum yard lines at an elevation of twenty-five feet above the average grade of the building site.

B.

Maximum building coverage, sixty percent of lot area.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

17.22.090 - Parking.

Automobile parking in an R-4 district shall be as follows:

A.

For uses permitted in R-4 districts, same as required in R-3 districts;

B.

For additional nonresidential uses permitted in R-4 districts, one square foot of parking area space for each square foot of floor area in main buildings.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

Loading area in an R-4 district shall be one loading area space for each nonresidential use.

(Ord. 1228 §2(Ch. 17, Art. 3(part)), 1983)

Chapter 17.24 - C-1 NEIGHBORHOOD COMMERCIAL DISTRICT[[5]]

Sections:

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2064, §§ 1—8, adopted Sept. 18, 2018, repealed and reenacted Ch. 17.24 to read as set out herein. Former Ch. 17.24, §§ 17.24.010—17.24.080 pertained to similar subject matter, and derived from Ord. 1228 §2(Ch. 18, Art. 1—3), 1983; Ord. 1683 §2(part), 1997; Ord. No. 1951, §§ 1—4, 1019-2010.

A.

The C-1, neighborhood commercial district classification is consistent with the neighborhood center and general commercial designation land use of the county general plan. This district provides locations for commercial facilities providing for the sale of daily needs and convenience goods and personal services to support the needs of the local communities.

(Ord. No. 2064, § 2, 9-18-2018)

17.24.020 - Uses permitted.

Uses permitted in a C-1 district shall be as follows:

A.

General retail;

B.

Small local serving restaurants and bars;

C.

Laundry and cleaning services;

D.

Barbershops and beauty parlors;

E.

Repair shops for shoes, radios, and television and domestic appliances;

F.

Professional offices and clinics;

G.

Nonprofit clubs and lodges,

H.

Private schools; Churches;

I.

Lodging houses;

J.

Commercial uses which in the opinion of the director of planning or their designee, are of a similar character and provide a needed service;

K.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use;

L.

Exterior wall signs located on premises and pertaining to the business use conducted on the premises; provided, that the aggregate area of the wall signs shall not exceed fifty square feet, and that no such sign shall project above the roof ridge line or into setback, if any;

M.

Living quarters when accessory to the principal permitted use;

N.

Mixed-use buildings. For purposes of this subdivision, a "mixed-use building" means a building that contains one or more floors devoted to nonresidential uses permitted under this section and one floor devoted to use as a one-family dwelling or two-family dwelling.

(Ord. No. 2064, § 3, 9-18-2018)

Uses requiring use permits in a C-1 district shall be as follows:

A.

Wholesale sales of feed, grain, seeds, fertilizers or pesticides;

B.

Crop dusting, tree service and related service providers;

C.

Animal sales and services including auction yards and stockyards;

D.

Used automobile sales;

E.

Mortuary;

F.

Gas Station.

(Ord. No. 2064, § 2, 9-18-2018)

17.24.040 - Yards.

Yard requirements in a C-1 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side yards, none except as required by the building code or other regulations;

C.

Rear yards, fifteen feet.

(Ord. No. 2064, § 2, 9-18-2018)

17.24.050 - Lots.

Lot requirements in a C-1 district shall be as follows:

A.

Lot area, none.

B.

Lot width, none.

(Ord. No. 2064, § 2, 9-18-2018)

17.24.060 - Building height and coverage.

Building requirements in a C-1 district shall be as follows:

A.

Building height limit, two stories, but not to exceed thirty-five feet;

B.

Building coverage, none.

(Ord. No. 2064, § 2, 9-18-2018)

17.24.070 - Parking and loading.

See Section 17.08.090(F) and (H), General Provisions for Parking and Loading Design Standards.

(Ord. No. 2064, § 2, 9-18-2018)

Chapter 17.26 - C-2 COMMUNITY COMMERCIAL DISTRICT[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. 2076, §§ 1—8, adopted February 26, 2019, amended Chaper 17.26 in its entirety to read as set out herein. Former Chapter 17.26 pertained to similar subject matter. Historical notations have been retained for reference purposes.

A.

The C-2, general commercial district classification is intended to provide for a wide range of goods and services required by residents and business firms. This district classification is intended to be applied where complete retail sales facilities are necessary for the economic benefit of the community served.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all C-2 districts.

(Ord. 1228 §2(Ch. 19, Art. 1), 1983)

(Ord. No. 1951, §§ 5, 6, 10-19-2010; Ord. 2076, § 2, 2-26-2019)

17.26.020 - Uses permitted.

Uses permitted in a C-2 district shall be as follows:

A.

Uses permitted in C-1 districts;

B.

Retail sales including thrift stores and consignment;

C.

Office business and professional,

D.

Offices medical, dental

E.

Music and dancing studios,

F.

Business colleges,

G.

Restaurants full service,

H.

Hotels, motels, transient lodging,

I.

Theaters, auditoriums,

J.

Mini-storage facilities,

K.

Auto and Truck station,

L.

Auto vehicle repair,

M.

Auto sales and service,

N.

Hardware, construction and building material sales,

O.

Vehicle Equipment sales, rental and repair,

P.

Business Equipment sales and service,

Q.

Contractors office and shop building personal service, custom fabrication of wood or metal,

R.

Professional offices, day clinics;

S.

Public utility offices and stations;

T.

Crop production and horticulture,

U.

Incidental storage and accessory uses, including indoor or screened repair operations and services; provided, such uses shall be clearly incidental to the sale of produce at retail on the premises and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration.

V.

Living quarters when accessory to the principal permitted use.

W.

Mixed-use buildings. For purposes of this subdivision, a "mixed-use building" means a building that contains one or more floors devoted to nonresidential use(s) permitted under this section and one floor devoted to use as a one-family dwelling or two-family dwelling.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 19, Art. 2), 1983)

(Ord. No. 1951, §§ 7, 8, 10-19-2010; Ord. 2076, § 3, 2-26-2019)

A.

Hospitals, residential care, senior and general,

B.

Mortuaries, funeral homes and services,

C.

Body and fender repair, auto painting shops,

D.

Licensed commercial truck storage,

E.

Indoor Commercial recreation,

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 19, Art. 3(part)), 1983)

(Ord. 2076, §4, 2-26-2019)

17.26.040 - Yards.

Yard requirements in a C-2 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater,

B.

Side yards, none, except as required by the building code or other regulations,

C.

Rear yard, 15 feet where accessible from street, alley or parking lot.

(Ord. 1228 §2(Ch. 19, Art. 3(part)), 1983)

(Ord. 2076, § 5, 2-26-2019)

17.26.050 - Lots.

Lot requirements in a C-2 district shall be as follows:

A.

Lot area, none.

B.

Lot width, none.

(Ord. 1228 §2(Ch. 19, Art. 3(part)), 1983)

(Ord. 2076, § 6, 2-26-2019)

17.26.060 - Building height and coverage.

Building requirements in a C-2 district shall be as follows:

A.

Lot coverage, none.

B.

Building height limit, six stories, but not to exceed sixty-five feet.

(Ord. 1228 §2(Ch. 19, Art. 3(part)), 1983)

(Ord. 2076, § 7, 2-26-2019)

17.26.070 - Parking and loading.

Automobile parking and loading shall be as outlined in Section 17.08.080 General Provisions for Parking and Loading Design Standards.

(Ord. 1228 §2(Ch. 19, Art. 3(part)), 1983)

(Ord. 2076, § 8, 2-26-2019)

Chapter 17.28 - Reserved[[7]]

Sections:

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 2075, § 1, adopted February 26, 2019, repealed Chapter 17.28 in its entirety. Former Chapter 17.28 pertained to the C-3 General Commercial District and derived from Ord. 1228 §2(Ch. 20, Arts. 1—3), adopted in 1983; Ord. 1683 §2(part), adopted in 1997; and Ord. No. 1951, §§ 9—16, adopted October 19, 2010.

Chapter 17.30 - RESERVED[[8]]

Sections:

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 2063, § 1, adopted Sept. 19, 2018, repealed Ch. 17.30, §§ 17.30.010—17.30.070, which pertained to C-4 Local convenience center commercial district, and derived from Ord. 1228 §2(Ch. 21, Art. 1—3), 1983; Ord. 1683 §2(part), 1997; and Ord. No. 1951, §§ 13—16, 10-19-2010.

Chapter 17.32 - G-R GENERAL RECREATION DISTRICT

Sections:

A.

The G-R, general recreation district classification is intended to be applied to land areas in private ownership which are suitable for and are or may be used and developed primarily for recreational purposes based on their natural resource value; and to lands adjacent thereto and affected thereby in accordance with the commercial recreation category or designation of the general plan.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all G-R districts.

(Ord. 1228 §2(Ch. 25, Art. 1), 1983)

Uses permitted in a G-R district shall be as follows:

A.

Public parks, playgrounds and public recreation areas, and related facilities and structures for public service and convenience;

B.

Crop and tree farming, grazing and animal husbandry, dairies, farm dwellings and accessory structures;

C.

One-family dwellings, golf courses and country clubs;

D.

Public, organizational and private noncommercial picnic, boating, swimming, fishing, riding and hunting facilities and structures.

(Ord. 1228 §2(Ch. 25, Art. 2), 1983)

17.32.030 - Uses requiring use permits.

Uses requiring use permits in a G-R district shall be as follows:

A.

Commercial boating and other recreational operations buildings and structures;

B.

Resort hotels, motels, mobile home parks and recreational vehicle parks;

C.

Restaurants, sporting goods and other retail sales and service operations which, in the opinion of the planning commission are necessary for reasonable service to the public recreational areas;

D.

Appurtenant (on-premises) signs.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 25, Art. 3), 1983)

17.32.040 - Yards.

Yard requirements in a G-R district shall be as follows: minimum regulations for yards shall be as provided for R-1 districts, and otherwise as provided in use permit conditions.

(Ord. 1228 §2(Ch. 25, Art. 4(part)), 1983)

17.32.050 - Lots.

Lot requirements in a G-R district shall be as follows: minimum regulations for lots shall be as provided for R-1 districts, and otherwise as provided in use permit conditions.

(Ord. 1228 §2(Ch. 25, Art. 4(part)), 1983)

Building requirements in a G-R district shall be as follows: minimum regulations for building height and coverage shall be as provided for R-1 districts, and otherwise as provided in use permit conditions.

(Ord. 1228 §2(Ch. 25, Art. 4(part)), 1983)

Chapter 17.34 - M-1 LIGHT INDUSTRIAL DISTRICT[[9]]

Sections:

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 2054, §§ 1—8, adopted March 27, 2018, repealed and reenacted Ch. 17.34 to read as set out herein. Former Ch. 17.34, §§ 17.34.010—17.34.070 pertained to similar subject matter and derived from Ord. 1228 §2(Ch. 26, Art. 1-3), 1983; Ord. 1683 §2(part), 1997; and Ord. No. 1951, §§ 17-20, 10-19-2010.

A.

The purpose of the M-1, light industrial district classification is to provide opportunities for light industrial land uses and support facilities. This district is consistent with the general industry category of the land use and housing elements of the county general plan. This industrial district includes low-intensity manufacturing and assembly processes, research and development, corporate headquarters, offices, medical and health facility uses, and other uses as specified in this chapter. The land uses allowed and

development standards required are intended to protect adjacent areas from impacts while allowing indoor, clean and quiet industry. This district allows for business parks with tenants that may include some commercial and office activities.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all M- 1 districts.

(Ord. No. 2054, § 2, 3-27-2018)

Uses permitted in an M-1 district shall be as follows:

A.

The following uses and other uses of similar character:

1.

Assembly of products;

2.

Wholesale/retail distribution and storage warehouses;

3.

Crop production and horticulture;

Public facility;

5.

School (trade);

6.

Construction and building material yard and sales, except gravel, rock and cement material yards;

7.

Research and development laboratories;

8.

Offices, accessory;

9.

Personal services;

10.

Data center;

11.

Wholesale commercial uses;

12.

Art, antiques, collectibles;

13.

Minor manufacturing, processing, fabricating, refining, repairing, packaging or treatment of goods, material or produce by electric power, oil or gas, except operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof.

Retail lumber yards;

15.

Electronic assembly and repair;

Veterinary clinics;

17.

Indoor recreation and fitness.

B.

The following when conducted within a building or enclosed within a solid wall or fence not less than six feet in height:

1.

Body and fender repair shops, auto painting shops,

2.

Sheet metal shops, welding shops,

3.

Recycle facility, processing,

4.

Commercial equipment and vehicle repair.

C.

Living quarters when accessory to the principal permitted use.

D.

Any change in use or occupancy of an existing structure shall require administrative review by the planning department and shall meet the development design standards in section 17.08.090 prior to issuance of a building permit.

(Ord. No. 2054, § 3, 3-27-2018)

17.34.030 - Uses requiring a conditional use permit.

A.

Restaurants.

B.

Automobile and recreational vehicle sales, new and used.

C.

Fuel Yards (a large-scale facility where fuel such as propane and gasoline is stored and distributed without retail sales).

(Ord. No. 2054, § 4, 3-27-2018)

17.34.040 - Yards.

Yard requirements in an M-1 district shall be as follows:

A.

Front yard, twenty feet from the property line;

B.

Side yards, none, except as required by the building code or other regulations;

C.

Rear yard, none, except as required by the building and fire code.

(Ord. No. 2054, § 5, 3-27-2018)

17.34.050 - Lots.

Lot requirements in an M-1 district shall be as follows:

A.

Lot area, none.

B.

Width, none.

(Ord. No. 2054, § 6, 3-27-2018)

17.34.060 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an M-1 district shall be as follows: none.

(Ord. No. 2054, § 7, 3-27-2018)

Building requirements in an M-1 district shall be as follows:

A.

Lot coverage, none.

B.

Building height shall not exceed 65 feet.

(Ord. No. 2054, § 8, 3-27-2018)

Loading area in an M-1 district shall be as follows: private off-street space for the handling of all materials and equipment.

(Ord. No. 2054, § 9, 3-27-2018)

Chapter 17.36 - M-2 GENERAL INDUSTRIAL DISTRICT

Sections:

The purpose of the M-2, general industrial district classification is to provide opportunities for heavy industrial land uses and support facilities. This district is consistent with the general industry category of the development pattern and community organization element of the county general plan.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all M- 2 districts.

(Ord. 1228 §2(Ch. 27, Art. 1), 1983)

Uses permitted in an M-2 district shall be as follows:

A.

Uses permitted in M-1 district.

B.

The following specific uses which shall be permitted only in M-2 districts:

1.

Wholesale lumberyards, lumber mills,

2.

Pottery kilns and ceramic works of heavy industrial types,

3.

Concrete batching plants,

Blacksmith shops, casting foundries;

5.

Fuel Yards (a large-scale facility where fuel such as propane and gasoline is stored and distributed without retail sales).

C.

The following when enclosed with a solid wall or fence not less than six feet in height and of a type approved by the planning commission:

1.

Building material storage yard, contractors storage yard,

2.

Junkyard.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 27, Art. 2), 1983)

(Ord. No. 2105, § 1, 5-18-2021)

Uses requiring use permits in an M-2 district shall be as follows: lawful uses not otherwise provided for in this chapter and not found to be similar to uses listed herein.

(Ord. 1683 §2(part), 1997)

Yard requirements in an M-2 district shall be as follows:

A.

Front yard, fifty feet from the centerline of roadway or twenty feet from the property line, whichever is greater;

B.

Side yards, none, except as required by the building code or other regulations;

C.

Rear yard, none.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 27, Art. 4 (part)), 1983)

17.36.050 - Lots.

Lot requirements in an M-2 district shall be as follows:

A.

Lot area, none;

B.

Width, none.

(Ord. 1228 §2(Ch. 27, Art. 4(part)), 1983)

17.36.060 - Minimum height, bulk and space requirements.

Minimum height, bulk and space requirements in an M-2 district shall be as follows: none.

(Ord. 1228 §2(Ch. 27, Art. 4(part)), 1983)

17.36.070 - Building height and coverage.

Building requirements in an M-2 district shall be as follows:

A.

Lot coverage, none;

B.

Building height limit, same as specified for C-2 districts.

(Ord. 1228 §2(Ch. 27, Art. 4(part)), 1983)

Loading area in an M-2 district shall be as follows: private off-street space for the handling of all materials and equipment.

(Ord. 1228 §2(Ch. 27, Art. 4(part)), 1983)

Chapter 17.38 - PD PLANNED DEVELOPMENT DISTRICT

Sections:

A.

The PD, planned development district classification is intended to be applied on parcels of land which, in the opinion of the planning commission, are suitable for and of sufficient acreage to contain a planned

community or development.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all PD districts, except that where conflict occurs, the regulations specified in this chapter shall apply.

(Ord. 1489 §2, 1990; Ord. 1228 §2(Ch. 30, Art. 1), 1983)

17.38.030 - Uses permitted.

Uses permitted in a PD district shall be as follows: all uses permitted in R, C, M, and S districts, subject to the securing of a use permit.

(Ord. 1489 §3, 1990: Ord. 1228 §2(Ch. 30, Art. 3), 1983)

(Ord. No. 1972, §§ 21, 22, 10-23-2012)

17.38.040 - Yards.

Yard requirements in a PD district shall be as follows:

A.

Front yard, as specified in the use permit;

B.

Side yards, as specified in the use permit;

C.

Rear yard, as specified in the use permit.

(Ord. 1228 §2(Ch. 30, Art. 4(part)), 1983)

17.38.050 - Lots.

Lot requirements in a PD district shall be as follows: lot area required, as specified in the use permit.

(Ord. 1228 §2(Ch. 30, Art. 4(part)), 1983)

17.38.060 - Building height and coverage.

Building requirements in a PD district shall be as follows:

A.

Building height limit, as specified in the use permit;

B.

Percentage of site coverage, as specified in the use permit.

(Ord. 1228 §2(Ch. 30, Art. 4(part)), 1983)

17.38.070 - Off-street parking.

Off-street parking shall be required in a PD district as follows:

A.

One automobile parking space for each dwelling unit in residential buildings;

B.

A minimum of one square foot of off-street parking space for each square foot of area to be occupied by commercial buildings, except that greater parking requirements may be required by the planning commission where such are deemed necessary and specified in the use permit.

(Ord. 1228 §2(Ch. 30, Art. 4(part)), 1983)

The regulations specified in this chapter may be varied when such variance will result in improved design of the development and will permit desirable arrangement of structures in relation to parking area, parks and parkways, pedestrian walks and other such features.

(Ord. 1228 §2(Ch. 30, Art. 4(part)), 1983)

Chapter 17.40 - AV AIRPORT DISTRICT

Sections:

A.

The AV, airport district classification is intended to be applied on properties used or planned to be used as airports and all lands within the 55 CNEL noise contour of the Red Bluff Municipal Airport and Corning Municipal Airport, as identified in the Red Bluff Municipal Airport Master Plan and the Corning Municipal Airport Master Plan, as amended, where special regulations are necessary for the protection of life and property.

B.

The specific regulations of this chapter and the general rules set forth in Chapter 17.08 shall apply in all AV districts.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 31, Art. 1), 1983)

The following uses in the AV district shall be permitted on lands owned or controlled by the airport:

A.

Paved runways, taxiways, landing strips and aprons;

B.

Aircraft storage, service and repair hangars;

C.

Aircraft fueling facilities;

D.

Passenger and freight terminal facilities;

E.

Lighting, radio and radar facilities;

F.

Accessory structures and facilities, including aircraft and aviation accessory sales, and related uses.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 31, Art. 2), 1983)

In the AV district, the following uses shall be permitted with a use permit on lands not owned or controlled by an airport after an analysis of noise reduction requirements is made and required noise insulation features are included in the design of the proposed development:

A.

Residential uses;

B.

Industrial plants, operations and uses;

C.

Commercial and service structures and uses.

(Ord. 1228 §2(Ch. 31, Art. 3), 1983)

Building requirements in an AV district shall be as follows: Maximum height limit, thirty-five feet.

(Ord. 1228 §2(Ch. 31, Art. 4), 1983)

Chapter 17.42 - PF PRIMARY FLOODPLAIN DISTRICT

Sections:

A.

The PF, primary floodplain district is intended to be applied by the county to properties which lie within a primary floodway which, for the purposes of this title, shall be construed to be a stream channel, and the portions of the adjacent floodplain as are required to efficiently carry the flood flow of the stream and on which properties special regulations are necessary for the minimum protection of the public health and safety and of property and improvements from hazards and damage resulting from floodwaters.

B.

The specific regulations set out in this chapter and the general rules set forth in Chapter 17.08 shall apply in all PF districts.

(Ord. 1228 §2(Ch. 32, Art. 1), 1983)

17.42.020 - Uses permitted.

Except as provided in Section 17.42.040, uses permitted in a PF district shall be as follows:

A.

The provisions of the agreement made January 26, 1971, and any amendments made subsequent thereto between the Reclamation Board of the state and the county shall be considered when interpreting and administering this district;

B.

Crop and tree farming, truck gardening, viticulture, livestock grazing and other agricultural uses which are of the same or a closely similar nature;

C.

Public utility wire and pipelines for transmission and local distribution purposes.

(Ord. 1228 §2(Ch. 32, Art. 2), 1983)

(Ord. No. 1972, §§ 23, 24, 10-23-2012)

Except as provided in Section 17.42.040, the following uses shall be permitted in a PF district upon securing a use permit:

A.

The following uses, buildings, and structures when it is found by the planning commission that such buildings and structures will be so constructed or placed or will be so protected by levees or other floodproofing that they will not be appreciably damaged by flooding, will offer a minimum obstruction to the flood flow, and will resist flotation:

1.

Buildings and structures accessory to agricultural use for the storage of goods and equipment and the shelter of animals and/or fowl, but not residences of any type;

2.

Public utility buildings and structures other than wire and pipelines;

3.

Public parks and recreation areas and facilities, including boat ramps, docks, parking areas, picnic tables and fireplaces and private and commercial recreation developments and facilities, campgrounds and recreational vehicle parks; provided, that restroom facilities shall be located and constructed in accordance with health department requirements;

B.

Commercial excavation of natural materials, filling of land areas, construction of levees, dikes, or other structures designed to divert or obstruct the flow of floodwaters.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 31, Art. 3), 1983)

(Ord. No. 1972, §§ 25, 26, 10-23-2012)

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision (b), for a use otherwise permitted in a PF district, must be approved by the board of supervisors.

(Ord. No. 1972, § 27, 10-23-2012)

Chapter 17.44 - NR NATURAL RESOURCE LANDS AND RECREATION DISTRICT[[10]]

Sections:

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 1972, §§ 28, 29, adopted Oct. 23, 2012, repealed the former Ch. 17.44 §§ 17.44.010—17.44.040, and enacted a new Ch. 17.44 as set out herein. The former Ch. 17.44 pertained to similar subject matter and derived from Ord. 1228 § 2(Ch. 33, Arts. 1—4), adopted 1983; Ord. 1644 § 1(part), adopted 1995; Ord. 1683 § 2(part), adopted 1997.

A.

The NR, natural resource lands and recreation district classification is intended to be applied to properties which are found most properly to be preserved in a natural state and/or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types and including accessory and public services uses. This district is consistent with and designed to implement the Habitat Resources and Resource Lands designations of the land use element of the Tehama County General Plan.

B.

The specific regulations set out in this chapter shall apply in all NR districts.

(Ord. No. 1972, §§ 28, 29, 10-23-2012)

17.44.020 - Uses permitted.

Except as provided in Section 17.44.050, uses permitted in an NR district shall be as follows:

A.

Measures to promote conservation of soil, water and vegetation and to reduce fire and erosion hazards.

B.

Fire trails, riding and hiking trails.

C.

Public and private nonprofit riding stables, parks, picnic sites.

D.

Crop and tree farming, grazing.

E.

Noncommercial boat launching and docking facilities.

F.

Uses which the planning commission determines by written findings are similar to the above.

(Ord. No. 1972, §§ 28, 29, 10-23-2012)

17.44.030 - Uses requiring use permits.

Except as provided in Section 17.44.050, the following uses shall be permitted in an NR district upon securing a use permit:

A.

One, one-family dwelling or mobile home.

B.

Living quarters for caretakers or watchmen.

(Ord. No. 1972, §§ 28, 29, 10-23-2012)

17.44.040 - Minimum parcel size.

Minimum parcel size in an NR district shall be one hundred sixty acres.

(Ord. No. 1972, §§ 28, 29, 10-23-2012)

17.44.050 - Williamson Act and Farmland Security Zone Contracted Lands.

Notwithstanding any other provision of this title, any use on land subject to a Williamson Act or Farmland Security Zone contract must be consistent with Government Code sections 51200 et seq. (the Williamson Act), the terms of the Williamson Act or Farmland Security Zone contract, and any compatible use rules or determinations heretofore or hereinafter adopted by the board of supervisors. Any application for a use permit pursuant to Government Code section 51238.1, subdivision (b), for a use otherwise permitted in a NR district, must be approved by the board of supervisors.

(Ord. No. 1972, §§ 28, 29, 10-23-2012)

Chapter 17.46 - PA PUBLIC AGENCY DISTRICT

Sections:

A.

The PA, public agency district classification is intended to be applied to properties which are properly used for or are proposed to be used for public or public service purposes or for specified public utility purposes. This district is consistent with and is designed to implement the public facility categories of the county general plan.

B.

The specific regulations of this chapter shall apply in all PA districts.

(Ord. 1228 §2(Ch. 35, Art. 1), 1983)

17.46.020 - Uses permitted.

Uses permitted in a PA district shall be as follows:

A.

Public schools, parks and recreation areas, fairgrounds, civic centers and similar sites and uses, public forest and reservoir areas, historical sites and monuments;

B.

Public utility facilities for local services, including disposal of solid waste;

C.

Sites and uses which the planning commission determines by written findings are similar to the above;

D.

Uses and structures which are incidental or accessory to permitted uses.

(Ord. 1228 §2(Ch. 35, Art. 2), 1983)

17.46.030 - Uses requiring use permits.

Uses requiring use permits in a PA district shall be as follows:

A.

Public or nonprofit cemeteries and similar uses;

B.

Public or nonprofit refuse disposal areas, corporation yards, sewage treatment facilities.

(Ord. 1228 §2(Ch. 35, Art. 3), 1983)

When the letter U is added to the PA symbol to create "public agency-utility districts," the following uses shall be permitted in such districts:

A.

Public utility warehouse and storage yards, pole yards, gas holders, substations, electric generating plants and transmission and distribution lines; provided, that the route of any transmission and distribution lines; provided, that the route of any transmission line is discussed in detail with the planning commission prior to acquisition of rights-of-way therefor;

B.

Public utility uses which the planning commission determines by written findings to be similar to the foregoing.

(Ord. 1228 §2(Ch. 35, Art. 4), 1983)

Chapter 17.48 - A ANIMAL RAISING COMBINING DISTRICT

Sections:

The regulations set out in this chapter shall apply in all R districts with which are combined A districts in addition to the regulations specified in this title and shall be subject to the provisions of Chapter 17.08; provided, however, that if any of the regulations specified in this chapter differ from any corresponding regulations specified in this title for any district with which an A district is combined, then in such case the provision of this chapter shall apply.

(Ord. 1228 §2(Ch. 36, Art. 1), 1983)

17.48.020 - Uses permitted.

Uses permitted in an A district shall be as follows:

A.

All uses permitted in the particular district with which the A district is combined;

B.

Animal husbandry and livestock farming, as follows: not more than one horse, cow, or similar livestock per acre of land area;

C.

Poultry and rabbit farming; provided, that such operations for commercial purposes shall be confined within enclosed structures, and further provided that poultry farms meet the standards and requirements of Chapter 17.82.

D.

Sale of agricultural products produced on the premises and sign of not more than four square feet advertising such sales.

(Ord. 1228 §2(Ch. 36, Art. 2), 1983)

(Ord. No. 2016, §§ 24, 25, 10-20-2015)

Uses requiring use permits in an A district shall be as follows:

A.

Veterinary hospitals, commercial kennels, riding stables, nurseries and retail sales of products;

B.

Agricultural supply and equipment sales and servicing;

C.

The keeping of more livestock than otherwise permitted herein, on parcels of more than one acre;

D.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products exceeding the standards and requirements of Chapter 17.82.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 36, Art. 3), 1983; Ord. No. 2016, §§ 26, 27, 10-20-2015)

Special yards and distances between buildings in an A district shall be as follows: barns, stables, chicken houses, similar accessory buildings shall not be less than fifty feet from the front building line, nor less than ten feet from any side property line nor less than forty feet from any building.

(Ord. 1228 §2(Ch. 36, Art. 4), 1983)

Chapter 17.50 - B SPECIAL BUILDING SITE COMBINING DISTRICT

Sections:

In any district with which is combined any B district, the regulations set out in this chapter as specified for the respective B district shall apply in lieu of the respective regulations as to building site areas, depth of front yards, and widths of side yards which are specified in this title for such districts with which is combined such B district; provided, however, that such application shall not be made in any case in which any of the regulations set out in this chapter are less than the corresponding regulations specified in this title for such district with which is combined such B district.

(Ord. 1228 §2(Ch. 37, Art. 1), 1983)

Special regulations for B districts shall be as follows:

A.

Building site area required shall be indicated by a number following the "B" in the district designation, which number represents the required area in thousands of square feet.

2.

In cases where the district designation contains an additional number enclosed in brackets, such number shall indicate the area in thousands of square feet to which the lot area may be reduced upon the recording of an approved final subdivision map or parcel map.

B.

In case the "Z" following the "B" in the district designation, no subdivision lot shall be smaller than as shown on recorded subdivision map or parcel map.

(Ord. 1228 §2(Ch. 37, Art. 2), 1983)

Chapter 17.52 - RESERVED[[11]]

Sections:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 2056, § 1, repealed Ch. 17.52, §§ 17.52.010 and 17.52.020, pertained to special highway frontage combining district and derived from Ord. 1228 §2(Ch. 38, Arts. 1, 2), 1983 and Ord. 1683 §2(part), 1997. See Ch. 17.08, Section 17.08.090(G) for current provisions.

17.52.010, 17.52.020 - Reserved. Chapter 17.54 - H SPECIAL HEIGHT COMBINING DISTRICT

Sections:

In any district with which is combined an H district, the special height regulations set out in this chapter shall apply in lieu of the height regulations specified for such other district; provided, that wherever conflict in regulations occurs, the more restrictive of such regulations shall govern.

(Ord. 1228 §2(Ch. 39, Art. 1), 1983)

Special height regulations for an H district shall be as follows:

A.

The special maximum height regulations shall be indicated by the symbol "H" followed by a numerical figure which figure shall represent the maximum permitted height in feet measured from the average elevation of the ground area to be occupied by a particular building or structure.

B.

In cases where the "H" district is created to provide protection against airport hazards in an airport area, the following shall apply:

1.

The symbol "AV" shall be added to the district symbol;

2.

The special height limit shall apply to all buildings and structures and to all trees and other objects of natural growth;

3.

The special height limit shall be measured from a datum elevation which shall be the established elevation of the end of the airport runway closest to the particular airport hazard area district.

(Ord. 1228 §2(Ch. 39, Art. 2), 1983)

Chapter 17.56 - RESERVED[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 2055, § 1, adopted March 27, 2018, repealed Ch. 17.56, §§ 17.56.010 and 17.56.020, which pertained to special parking combining district and derived from Ord. 1228 §2(Ch. 38, Arts. 1 and 2), adopted 1983 and Ord. 1683 §2(part), adopted 1997. See Ch. 17.08, Section 17.08.090(H) for current provisions.

17.56.010, 17.56.020 - Reserved. Chapter 17.58 - RESERVED[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 1972, § 30, adopted Oct. 23, 2012, repealed Ch. 17.58, §§ 17.58.010—17.58.050, which pertained to AGB agricultural buffer combining district and derived from Ord. 1228 § 2(Ch. 41, Arts. 1 —5), adopted 1983.

17.58.010—17.58.050 - Reserved.

Chapter 17.60 - MH SPECIAL MOBILE HOME COMBINING DISTRICT

Sections:

It is intended that MH, mobile home combining districts be established only in those particular areas of the county where occupancy of mobile homes as dwellings on individual occupant-owned sites is found to be a proper, suitable and compatible use of land in relation to other permitted uses.

(Ord. 1683 §2(part), 1997)

In any district with which the MH district is combined, mobile homes, as defined in this title, may be permitted in the same manner as and subject to all provisions and regulations which apply to one-family dwellings in the particular district with which the MH district is combined, except as follows:

A.

In any approved and recorded "mobile home subdivision", one mobile home may be permitted on each subdivision lot as shown on the approved and recorded map;

B.

Types of mobile homes permitted in "MH" districts as dwellings are as follows:

1.

Mobile homes with built-in kitchen and bath facilities and connections for water and sewage,

2.

All other provisions of law and applicable standards pertaining to the use and occupancy of mobile homes shall apply.

(Ord. 1683 §2(part), 1997)

Chapter 17.64 - RESERVED[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 1972, § 31, adopted Oct. 23, 2012, repealed Ch. 17.64, §§ 17.64.010—17.64.030, which pertained to AP agricultural preserve combining district and derived from Ord. 1228 § 2(Ch. 44, Arts. 1, 3), adopted 1983; Ord. 1518 § 1, adopted 1991.

17.64.010—17.64.030 - Reserved.

Chapter 17.65 - FS FARMLAND SECURITY COMBINING DISTRICT

Sections:

A.

The FS, farmland security combining district classification, is intended to be applied in combination with the EA and PF district classifications upon lands which are found to be suitable for agricultural purposes and other purposes compatible therewith.

B.

This district is consistent with and is intended to implement the policies of the cropland category of the agricultural lands element of the county general plan.

(Ord. 1717 §1(part), 1999)

All croplands, as defined by the agricultural lands element of the general plan, are eligible for inclusion within an FS district, subject to the following standards which shall apply to establish a farmland security zone and join an existing farmland security zone:

A.

To establish a farmland security zone, property ownership and minimum acreage shall be as follows: One ownership of forty acres minimum, no described parcel less than forty acres or nominal quarter section which is located within the C, cropland, or NH, natural habitat, classifications of the general plan, and meeting the requirements of Section 51296(l) of the California Government Code.

B.

Notwithstanding the above, contiguous lands may be added to existing farmland security zones in the following manner:

1.

Title to the land to be added must be held in exactly the same manner as title is held in the existing farmland security zone land; and

2.

Lands to be added must be contiguous and must be merged with the existing farmland security zone land through the recordation of a certificate of merger in order to prevent future sales of the individual parcels; and

3.

A rescission of contract and simultaneous entry into a new contract shall be perfected in accordance with Section 51254 of the California Government Code at the time of application approval.

(Ord. 1717 §1(part), 1999)

A.

When combined with the EA district the acreage required to create new parcels is forty acres, i.e.: EA-FS = forty-acre minimum.

B.

When combined with the PF district the acreage required to create new parcels shall be commensurate with land use classification maximum density requirement, i.e.: PF-FS in C, cropland = forty acre minimum.

C.

Existing parcels are allowed to be sold or conveyed for any purpose in the form that they were recognized by the county assessor at the time the land was placed under the contract; provided, that the parcels meet the requirements of the California State Subdivision Map Act and the county land division ordinance. A certificate of compliance may be required to effect such a conveyance.

(Ord. 1717 §1(part), 1999)

Pursuant to Section 51296(b)(5) of the Government Code, the farmland security zone combining district shall be terminated as a ministerial act by the Tehama County planning director upon the termination of the farmland security zone contract.

(Ord. 1717 §1(part), 1999)

Chapter 17.66 - TPZ TIMBER PRODUCTION ZONING DISTRICT

Sections:

The TPZ timber production zoning district classification is intended to encourage and permit management, production, and harvest of timberlands; to provide for the processing of raw materials resulting from such activity; to protect and insure continuous timber production in support of a major industry in the county; and to allow all lands subject to timber production zoning to be valued for property taxation, in general, on the basis of its use for growing and harvesting timber only. This district is consistent with and is intended to implement the policies of the timberlands category of the timberlands element of the county general plan.

(Ord. 1683 §2(part), 1997)

17.66.020 - Compatible uses.

The following shall be compatible uses in the TPZ zone:

A.

A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, log storage areas, temporary labor camps, portable wood processing equipment and rock or gravel pits, subject to the Surface Mining and Reclamation Act of 1975;

B.

Management for watershed, fire and erosion control;

C.

Management for fish and wildlife habitat, including hunting and fishing subject to landowner's restrictions;

E.

Grazing and management for grazing;

F.

Dwellings or mobile homes existing on parcels, prior to being zoned "TPZ," timber production zoning district;

G.

Buildings and structures other than residential which are incidental and accessory to the growing and harvesting of timber and above compatible uses.

(Ord. 1644 §1(part), 1995; Ord. 1228 §2(Ch. 45, Art. 2), 1983)

17.66.030 - Conditional uses requiring use permits.

The following uses shall require a use permit in a TPZ zone:

A.

Permanent forest products processing facilities;

B.

Limited campground facilities meeting the minimum requirements of Section 2000 et seq. of Subchapter 2 of Chapter 2 of Title 25 of the California Administrative Code. The campground facilities shall not include clubhouses, permanent recreational improvements (tennis courts, swimming pools, etc.) or any permanent occupancy structure of any type;

C.

Following TPZ, required dwellings or mobile homes when found by the planning commission to be compatible with the management, growing, harvesting or processing of forest products.

(Ord. 1364, 1987; Ord. 1228 §2(Ch. 45, Art. 3), 1983)

Minimum lot size requirements in a TPZ district shall be as follows:

A.

No individual ownership parcel of land less than twenty acres may be included in a TPZ district after March 1, 1978, and such parcels must be capable of growing an average volume of wood fiber as determined by the county assessor of at least fifteen cubic feet per acre.

B.

A TPZ, timber production zoning district must consist of contiguous parcels; "contiguous" meaning two or more parcels of land that are adjoining or neighboring or are sufficiently near to each as determined by the board of supervisors that they are manageable as a single forest unit.

C.

Parcels zoned as TPZ, timber production zoning district may not be divided into parcels less than one hundred sixty acres unless owners of resulting parcels submit a joint timber management plan prepared by or approved as to content by a registered professional forester, and such owners enter into a binding contract with the board of supervisors to manage and harvest timber on the timberland jointly and are bound by the provisions of such management plan for a minimum of ten years.

D.

Recently acquired land may be added to an existing TPZ, timber production zoning district, if addition is under same ownership regardless of parcel size and capable of growing fifteen cubic feet per acre of wood fiber.

E.

Parcels eligible for inclusion in a new TPZ zone shall meet the following criteria:

1.

A map shall be prepared showing the legal description or the assessor's parcel number of the property desired to be zoned;

2.

A plan for forest management must be prepared or approved as to content for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan;

3.

The parcel shall currently meet the timber stocking standards set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the board to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland preserve, then failure to meet such stocking standards and forest practice rules within this time period provides the board with a ground for rezoning of the parcel;

4.

The land area concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be composed of single or contiguous parcels of a minimum acreage as follows:

5.

The land shall be pine mixed conifer region site V quality class or higher.

F.

The minimum lot sizes required in a TPZ zone are:

1.

Front yard, one hundred feet;

2.

Side yards, fifty feet;

3.

Rear yards, one hundred feet.

In the case of uses in the TPZ, timber production zoning district requiring a use permit, the above yard structures may be adjusted by the planning commission.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 45, Art. 4), 1983)

The TPZ, timber production zoning district, where established upon any lands, shall remain in effect for a period of ten years therefrom and shall be automatically renewed on the first day of January of each year for an additional one-year period unless written notice of nonrenewal is made by either the landowner or county and served upon the other party in advance of the annual renewal date. Unless such written notice is served by the landowner at least ninety days prior to the renewal date or by the county at least ninety days prior to the renewal date, the classification shall be considered renewed.

(Ord. 1683 §2(part), 1997)

Chapter 17.68 - CLUSTERING IN RURAL RESIDENTIAL DEVELOPMENTS

Sections:

The purpose of these regulations is to provide flexibility in creation of new lots on lands in all residential districts. These regulations permit, within the same subdivision, the creation of some lots smaller than those which would otherwise be created; provided, that the overall permitted density of the subdivision is not exceeded. As a result of the creation of these smaller lots, the remaining lots in the subdivision will be larger than would occur otherwise.

(Ord. 1281 §2(part), 1984)

17.68.020 - New lots with areas less than minimums—Conditions required to create.

At the option of the land division applicant, and approval of the technical advisory committee, planning commission or board of supervisors, new lots with areas less than the minimums otherwise required may be created within subdivisions; provided, that the following conditions are satisfied:

A.

But for the provisions of this chapter, the subject lots must be able to satisfy the requirements of the county zoning code, land division ordinance and land division standards.

B.

The permitted density of the proposed subdivision is not exceeded. The permitted density is determined by dividing the total acreage by the allowed minimum parcel size required by the particular zoning district.

C.

A legal instrument is recorded for all lots within the proposed subdivision stating that no further divisions of lots will occur and that each lot may be developed at a density which shall not exceed a one-family dwelling per lot.

(Ord. 1733 §3, 2000; Ord. 1281 §2(part), 1984)

17.68.030 - Open space lot designation.

A.

At the option of the land division applicant, one or more of the lots created through the application of the regulations of this chapter may be designated as an open space lot in order to apply for the granting of an open space easement as provided by the Open Space Easement Act of 1974.

B.

Such lots may be used for a one-family dwelling; provided, that the building site does not exceed six thousand square feet and is defined on the recorded map.

C.

Otherwise, the open space lot shall not be developed with structural uses other than agriculture accessory buildings.

D.

The open space parcel may be used for any of the following:

1.

Crop production or grazing land;

2.

Historic;

3.

Archeological;

4.

Wildlife;

5.

Storage or recharge;

6.

Leachfield or spray disposal area;

7.

Scenic areas;

Protection from hazardous areas;

9.

Public outdoor recreation; or

10.

Other similar open space use.

(Ord. 1281 §2(part), 1984)

Land within the AG-1, AG-2, AG-4, and NR zoning districts may be subdivided to the minimum parcel size required for each particular district; except, however, that for the purposes of flexibility due to topography, improvements, rights-of-way or other factors necessary for prudent land division, smaller parcels may be approved by the technical advisory committee, planning commission or board of supervisors insofar as the parcels created are not less than eighty percent of that particular minimum parcel size requirement.

In any case, the provisions of subsections A and B of Section 17.68.020 shall apply.

(Ord. 1281 §2(part), 1984)

(Ord. No. 1972, §§ 32, 33, 10-23-2012)

Chapter 17.69 - MILITARY OPERATION OVERLAY

This chapter shall be known as the Tehama County Military Operation Area Overlay.

(Ord. No. 1981, § 1, 10-8-2013)

The purpose of this section is to establish procedures for the review and permitting of new development within designated military operation areas (MOA) and military training routes (MTR) which cross Tehama County and to ensure early notification and a timely exchange of project related information. To ensure early notification to the military of discretionary development projects within Military Operation Areas, California Government Code sections 65352 (a) (5) and 6(A), 65940, and 65944 require the exchange of project related information pertinent to military operations between local jurisdictions and the military "... when the proposed action is within one thousand feet of a military installation, or lies within special use airspace, or beneath a low-level flight path... " It is the purpose and intent of this article to clearly define for applicants and staff the process for review of projects that may impact military operations.

(Ord. No. 1981, § 1, 10-8-2013)

The following shall govern the construction of this chapter:

(A)

"Military operation area" or "MOA" shall have the meaning set forth in 14 Code of Federal Regulations part 1.1. The MOA is a three dimensional airspace designated for military training and transport activities that has a defined floor (minimum altitude of three hundred feet) and ceiling (maximum altitude of eighteen hundred feet or higher). The military operations area in Tehama County subject to this chapter is depicted on Figure 1 attached to the ordinance adopting this section and incorporated herein. A true and correct copy of Figure 1 shall be maintained in the office of the director of planning, and shall be available for public inspection.

(B)

"Military training routes" means aerial corridors across the United States in which military aircraft can operate below ten thousand feet faster than the maximum safe speed of two hundred fifty knots that all other aircraft are restricted to while operating below ten thousand feet.

(C)

"Height calculation" means the height of all structures (including wind turbines) as measured by the distance from ground to top of the highest point of the structure. For wind turbines this means the highest point of the turbine blade in vertical position.

(D)

"Low-level flight path" includes any flight path for any aircraft owned, maintained, or that is under the jurisdiction of the United States Department of Defense that flies lower than one thousand five hundred feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, "Area Planning Military Training Routes: North and South America (AP/1B)" published by the United States National Imagery and Mapping Agency.

(E)

"Special use airspace" means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, "Area Planning: Special Use Airspace: North and South America (AP/1A)" published by the United States National Imagery and Mapping Agency.

(Ord. No. 1981, § 1, 10-8-2013)

A.

All new discretionary development projects that have the potential to penetrate the defined floor elevation within a MOA, as set forth on Figure 1 attached to the ordinance enacting this section, shall be reviewed for hazards to aircraft including but not limited to:

1.

Uses that release into the air any substance such as steam, dust and smoke which would impair pilot visibility;

2.

Uses that produce light emissions, glare or distracting lights which could interfere with pilot vision or be mistaken for airfield lighting;

3.

Uses that physically obstruct any portion of the MOA due to relative height above ground level.

B.

Permit processing requirements for proposed new discretionary development projects within or underlying the MOA, or within one thousand feet of a military installation, or within special use airspace, or beneath a low-level flight path are as follows:

1.

Structures and land uses may be permitted upon a finding that notice has been provided in accordance with the following:

i.

A completed application has been received by the county wherein the project applicant has identified that the proposed project is located within or underlying the MOA, or within one thousand feet of a military installation, or within special use airspace, or beneath a low-level flight path, as applicable.

ii.

The county has provided a copy of the completed application to any branch of the United States Armed Forces that has provided the office of planning and research with a single California mailing address within the state for the delivery of a copy of these applications.

2.

The proposed structure and use is consistent with all other applicable provisions of this chapter.

(Ord. No. 1981, § 1, 10-8-2013)

==> picture [433 x 558] intentionally omitted <==

Chapter 17.70 - USE PERMITS

Sections:

Use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms

of the zoning code. Guarantees to insure compliance with the terms and conditions may be required by the commission.

(Ord. 1228 §2(Ch. 48, Art. 1), 1983)

A.

It is the intent of this section to provide a single procedure for review and regulation of high voltage electrical facilities in accordance with Public Utilities Code Section 12808.5 and Government Code Section 53091. This section shall also apply to high voltage electrical facilities not subject to Public Utilities Code Section 12808.5 or Government Code Section 53091, to the maximum extent permitted by law. In some cases, state and federal laws may regulate certain types or characteristics of such facilities, or the procedure for review and regulation of such facilities. This section shall be construed to provide the county with the maximum authority consistent with such other laws.

B.

Notwithstanding any other provision of this title, high voltage electrical facilities may be permitted in any district only upon securing a use permit pursuant to this section.

C.

In addition to the information required under Section 17.70.020, an application for a use permit for a high voltage electrical facility shall include the following:

1.

A completed application form and filing fee.

2.

A description of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way.

3.

All application materials (maps, site plans, etc.) necessary to illustrate the proposed capacity and location of the proposed facilities and all alternative locations.

4.

A photo simulation of the proposed facilities and each alternative from at least six locations along its route in the county. Each location shall include simulated views of project facilities from four directions (north, south, east, and west).

5.

A narrative explanation of the route of the proposed project and each alternative, together with a discussion of any alternative locations and project alternatives considered by the applicant but not formally included for county consideration.

6.

For the proposed project and each alternative, all of the following:

i.

Estimated cost, including construction, land acquisition, and other development costs;

ii.

A description of the type of vegetation and soils that would be removed or impacted by construction;

iii.

A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a one thousand-foot distance of project infrastructure;

iv.

An analysis of the audible noise and lighting impacts of the proposal, together with any other studies reasonably necessary for the county to perform its duties as a lead or responsible agency in connection with the environmental review of the project;

v.

An analysis of the potential adverse human health effects of the project on those present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted; and

vi.

An analysis of potential economic impacts on agriculture and related support industries. The director of planning may also require an analysis of potential economic impacts on other matters relevant to the review criteria set forth below, including potential economic impacts on other industries, on county and special district revenues, on local tourism and economic development efforts, and on other similar matters.

7.

Copies of all applications for state, federal, and other permits and licenses in connection with the proposed project. Promptly following the issuance of any state or federal permits or licenses, biological opinions, records of decision, memoranda of understanding, exemptions, variances, or similar authorizations or approvals related to the proposed project, the applicant shall provide copies of those documents to the county.

Any other information or documentation specified by the director of planning.

D.

For any high voltage electrical facility that traverses a significant portion of the county, as determined by the director of planning, the director of planning may require the applicant to present the application to interested members of the public at one or more public meetings arranged by the applicant at a location convenient for interested members of the public, as determined by the director of planning. Such meetings shall be in addition to any hearings on the permit application held by the planning commission or the board of supervisors. The applicant shall, if requested by the director of planning, develop a public outreach program that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant, subject to approval by the director of planning. If any portion of the proposed project is located within a city's sphere of influence, the director of planning may require that the outreach program also include one or more meetings in that city.

E.

Notwithstanding any other provision of this title, a use permit for a high voltage electrical facility may be granted only by the board of supervisors. The planning commission shall review the project application and any other relevant documents, hold at least one noticed public hearing, and make a recommendation to the board of supervisors thereon. Upon receiving this recommendation, the board of supervisors shall consider the application at a noticed public hearing, taking into account the criteria set forth in subsection (F) of this section. At the conclusion of the hearing, the board shall adopt a resolution approving, approving an alternative, or disapproving, the proposed high voltage electrical facility.

F.

A use permit for a high voltage electrical facility may only be approved if all of the following findings are made based on substantial evidence in the record:

1.

The proposed project is consistent with any applicable policies in the general plan and any applicable specific plan(s);

2.

There is a demonstrated need for the proposed project;

3.

To the greatest feasible (as that term is defined in Public Utilities Code section 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;

4.

There are no feasible alternatives that are superior to the proposed project, taking into consideration and balancing the considerations set forth in this section;

5.

The proposed project would not have adverse human health effects, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;

6.

To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;

7.

To the greatest feasible extent, the proposed project avoids lands preserved by the county for public park purposes;

8.

To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The board of supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction will be amended or extinguished prior to implementation of the project. If the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project, however, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;

9.

The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and would not require a significant change in the operations of a public or private airport in the county, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;

10.

To the greatest feasible extent, operation of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communications signals; and

11.

The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto.

12.

Each of the findings set forth in Section 17.70.040.

G.

The board of supervisors may prescribe fees for the review and consideration of proposed use permits for a high voltage electrical facilities. If no particular fee is established for such use permits, the applicant shall pay the fees prescribed for ordinary use permits under Section 17.70.020.

(Ord. No. 1953, § 4, 11-23-2010)

Application for a use permit shall be filed with the planning commission on a form prescribed by the commission together with:

A.

A filing fee, prescribed by resolution of the board of supervisors, payable to the county and delivered to the planning commission;

B.

Dimensioned plans and elevations sufficient to show clearly details of the proposed use or building;

C.

The appropriate environmental impact review documentation as required by the county's CEQA guidelines; and

D.

A list of the names and addresses of all persons having an interest in the application and all persons with an ownership interest in the property involved.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 48, Art. 2), 1983)

17.70.025 - Reserved.

Editor's note— Ord. No. 2113, § 5, adopted November 16, 2021, repealed § 17.70.025, which pertained to communication facilities application and fee, and derived from Ord. 1725, § 1, adopted in 2000.

Upon receipt of a properly filed application for a use permit, the secretary of the planning commission shall cause notice of public hearing thereon be given at least ten calendar days before the hearing by either:

A.

Prepaid United States mail notices to owners of property adjoining that of the applicant, using addresses from the last equalized assessment roll; or

B.

By both publishing said notice one time in a newspaper of general circulation, published and circulated in the county, and by posting said notice in at least two conspicuous places on and/or close to the property

affected.

C.

In addition to subsections A and B of this section, for new communication facilities the notice requirements for facilities proposed require written notice, in a manner approved by the planning director, to be given to owners of parcels located within a minimum radius of two thousand five hundred feet of the parcel on which the proposed facility will be located.

(Ord. 1725 §2, 2000; Ord. 1228 §2(Ch. 48, Art. 3), 1983)

The planning commission shall grant a use permit only if, from the facts presented with the application or at the public hearing or as determined by investigation, the following conditions have been found:

A.

That the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings or structures, with consideration given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities; to the harmful effect, if any, upon desirable neighborhood character; to the generation of traffic and the capacity and physical character of surrounding streets; and to any other relevant impact of the proposed use;

B.

That the impacts, as described in subsection B of Section 17.70.040, and the location of the proposed use are consistent with the county general plan;

C.

That the proposed use at its proposed location will provide a service or facility which will contribute to the general well-being of the surrounding neighborhood or community.

(Ord. 1228 §2(Ch. 48, Art. 4), 1983)

A.

In any case where the conditions to the granting of a use permit have not been or are not being complied with, the planning commission shall give notice to the permittee of intention to revoke such permit and shall give notice of a public hearing to be held on the matter as provided in Section 17.70.030.

B.

In any case where a use permit has not been used within one year after the date of granting thereof, then, without further action by the planning commission, the use permit granted shall be null and void.

C.

In any case where an active use permit has been abandoned for a period of six months, the use permit shall be deemed null and void.

D.

All use permits are subject to review by the county at any time and subject to additional conditioning when deemed necessary.

E.

Notwithstanding subsection C of this section, all communication facilities that are not in use for a period of twelve continuous months shall be considered abandoned. Abandoned facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of every facility, the applicant shall post a performance security in an amount and form determined by the planning director that is sufficient to cover the cost of removal of the facility in the event that such facility is abandoned, or if the permit has been terminated for violation of its conditions by the

county after hearing. If the planning director determines that the facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises within thirty calendar days of receipt of notice to abate. If such facility is not removed within thirty days, the county may remove the facility at the applicant's and/or land owner's joint and several expense.

(Ord. 1725 §3, 2000: Ord. 1228 §2(Ch. 48, Art. 5), 1983)

A.

Appeal from any findings or action of the planning commission on a use permit application may be made in writing to the board within ten days of such action.

B.

Following a public hearing, notice of which shall be given in the manner provided in Section 17.70.030, the board may confirm, modify or reverse the action of the planning commission, basing such action on findings as provided in Section 17.70.040.

(Ord. 1228 §2(Ch. 48, Art. 6), 1983)

Chapter 17.71 - COMMUNICATION FACILITIES[[15]]

Footnotes:

--- ( 15 ) ---

Editor's note— Ord. No. 2113, adopted November 16, 2021, repealed and reenacted Ch. 17.71 to read as set out herein. Former Ch. 17.71, §§ 17.71.010—17.71.030 pertained to administrative permit for communications facilities, and derived from Ord. 1720 §3(part), adopted in 2000.

17.71.010 - Purpose.

A.

The purpose of this section is to establish the regulations, standards and circumstances for the siting, design, construction and maintenance of communication facilities in the unincorporated areas of the Tehama County.

B.

It is also the purpose of this chapter to assure, by the regulation of siting of communications facilities, that the integrity and nature of residential, rural, commercial, and industrial areas are protected from the indiscriminate and inappropriate proliferation of wireless communication facilities also known as "communication facilities" while complying with the Federal Telecommunication Act of 1996, General Order 159A of the Public Utilities Commission of the State of California and the policies of Tehama County.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

For the purpose of this chapter the following definitions shall apply:

A.

"Accessory communication building or structure" shall mean a cabinet, shelter, building or backup generator used by wireless communication providers to support the primary use of an approved commercial communication facility or fixed wireless internet facility.

B.

"Colocate" shall mean the placement and/or adherence of an antenna(s), dish(es), or similar device that transmits and/or receives electromagnetic signals including but not limited to antenna, microwave dish, horn, and other types of equipment for the transmission or reception of such signals on an existing approved communication facility or structure supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

C.

"Commercial communication facility" shall mean a single structure (monopole or other fixed structure) supporting mobile devices through one or more antennas, dishes, or other types of equipment that transmits and/or receives electromagnetic signals; excluding radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) that are stand-alone or fixed to an approved residential structure, and small and large fixed wireless internet facilities.

D.

"Guy-wire" shall mean a tensioned cable, wire or rope that is designed to add stability to a free standing tower structure.

E.

"Large fixed wireless facility" shall mean any structure or combination of structures over eighty-one feet in height and less than one hundred twenty-one feet in height above grade, and may include a tower, pole, antenna(s), equipment or combination thereof utilized for the purpose of providing wireless internet service to one or more residential and/or commercial/industrial customer(s) at fixed locations. This may also include non-commercial radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) or other non-commercial radio transmission apparatuses.

F.

"Lattice tower or truss tower" shall mean a freestanding vertical framework tower with or without guy-wires.

G.

"Monopole" shall mean a telecommunications tower structure comprised of a single tubular mast that is erected on the ground to support one or more antennas, dishes, or similar devices that transmits and/or receives electromagnetic signals.

H.

"Non-commercial communication facility" shall mean radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, small television reception apparatuses (antenna/dish), telemetry equipment and structures, government facilities, and the use of data and voice equipment on an existing or standalone structure for the purpose of a business's internal point to point communication were they are not providing or selling their communication services to another party.

I.

"Premises" shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

J.

"Small fixed wireless facility " shall mean any structure or combination of structures eighty-one feet or less in height above grade, and may include a tower, pole, antenna(s), equipment or combination thereof utilized for the purpose of providing wireless internet service to one or more residential and/or commercial/industrial customer(s) at fixed locations. This may also include non-commercial radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) or other non-commercial radio transmission apparatuses.

K.

"Stealth and/or camouflage" shall mean a type of architectural design for the purpose of concealing and/or obscuring communication facilities, which for the purposes of this chapter may include but is not limited to, faux water towers, windmill towers, Grain Silo's, Monocypress, Monopine, and/or Monocedar; other options may be included within this definition with the director of planning's approval.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

17.71.030 - Uses permitted in any zoning district.

A.

All new antennas, dishes, or similar devices for commercial communication facilities that will not increase the height of the existing fixed structure by more than fifteen feet, this provision includes colocation.

B.

All new antennas, dishes, or similar devices for small fixed wireless and non-commercial communication facilities that will not increase the height of an existing fixed structure in a manner that will exceed the standards as defined in subsection 17.71.020(J), Small Fixed Wireless Facility; this provision includes colocation.

C.

Accessory communication building(s) or structure(s) for a permitted use that does not exceed the height, lot coverage or setback standards within the applicable zoning district.

D.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than one acre that has a structure face width or diameter of less than or equal to forty-eight inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

E.

Large fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than five acres that has a structure face width or diameter of less than or equal to eighty inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

17.71.040 - Uses permitted in any zoning district with an administrative use permit.

A.

All new antennas, dishes, or similar devices for commercial communication facilities that will increase the height of the existing fixed structure by more than fifteen feet, but that will not exceed twenty-five feet above the height limit within the applicable zoning district, this provision includes colocation.

B.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises one acre or less that has a structure face width or diameter of less than or equal to forty-eight inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

C.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than one acre that has a structure face width or diameter of less than or equal to sixty-six inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

D.

Large fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than five acres that has a structure face width or diameter of less than or equal to one hundred thirty-five inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

17.71.050 - Uses allowed in any zoning district with a use permit.

A.

Except as provided in subsections 17.71.030(A), (B) and 17.71.040(A), no commercial communication facility shall be placed, attached, adhered, erected, sited and/or located within any zoning district of the unincorporated areas of Tehama County without first notifying the director of planning and securing a use permit.

B.

Fixed wireless and non-commercial communications facilities one hundred twenty-one feet in height above grade or more may be placed, attached, adhered, erected, sited and/or located within any district of the unincorporated areas of Tehama County upon notification of the director of planning and securing a use permit.

C.

All new antennas, dishes, or similar devices for commercial communication facilities or fixed wireless facilities that will increase the height of the existing fixed structure by more than twenty-five feet above the applicable zoning districts height limit, this provision includes colocation.

D.

Accessory communication building(s) or structure(s) for a permitted use that exceed the height, lot coverage or setback standards within the applicable zoning district.

E.

Small or large fixed wireless facilities that are located on a premises without a residence or primary use as defined in the applicable zoning code.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

17.71.060 - Administrative use permit application submittal and process.

A.

Applicants may apply for an administrative use permit pursuant to Section 17.71.040, if such use is consistent with the administrative use permit application requirements and other standards set forth in this chapter. In the event that the proposed use or activity does not meet the standards and requirements of Section 17.71.040, the applicant shall be required to obtain a use permit under Chapter 17.71.70.

B.

Application for an administrative use permit shall be made in writing by the owner or authorized occupant of the property on a form prescribed by the director of planning. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the site and the proposed use or activity. The details shall include but are not limited to a dimensioned site plan, color dimensioned elevations of the proposed structures and a color scaled montage of the proposed structure next to the primary use and the surrounding properties.

C.

Prior to issuance of any administrative use permit, the proposed use or activity and site plan shall be reviewed by the director for compliance with setbacks and other applicable laws, policies, codes and regulations.

D.

Administrative use permits under this chapter shall be approved and issued upon a determination by the director of planning that the proposed structure meets the required for an administrative use permit including height limits and setbacks established in this chapter of the code, and that the fees has been paid.

E.

A public hearing shall not be required on any application for an administrative use permit prior to action being taken by the director of planning to approve or deny the application. Approval or denial of the project pursuant to Subsection 17.71.060(D) shall cause a notification of the directors decision to be mailed to the applicant, and if approved to all of the surrounding neighbors within one thousand feet of the projects boundaries. The notice shall include the following:

1.

The notice shall include the location and general description of the proposed use that may be established upon the issuance of the administrative use permit.

2.

The notice shall inform the property owners and applicant of their right to appeal the approval or denial of the administrative use permit to the planning commission.

F.

Appeal of the action to approve or deny an administrative use permit under this chapter by the director of planning shall be made in writing to the planning commission and submitted to the planning department within ten business days of the date the notification is mailed pursuant to subsection 17.71.060(E). If the planning commission's action is appealed to the board of supervisors an appeal fee and written notice of appeal shall be made in writing to the board of supervisors and submitted to the clerk of the board within ten business days of the date of the planning commission meeting. If an appeal is received within the time frame establish in this section of the code, notice of the appeal shall be provided to the applicant/owner and all of the neighbors within one thousand feet of the project in a manor described in subsection 17.71.060(E).

G.

Planning commission and board of supervisors action regarding an appeal of a project shall be limited to affirming, modifying or reversing the previous recorded action. Action by the board of supervisors on the appeal of an administrative use permit shall be final.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

A.

The application materials contained in the submittal requirements as stated in subsections 17.70.020(A), (C) and (D). Section 17.70.020(B) is superseded regarding communications facilities and their associated structures by the following criteria, which shall be submitted with said application in a clear and legible form (Note. Incomplete applications will not be accepted):

1.

The height from natural grade to the top of proposed facility;

2.

A description of support equipment proposed;

3.

A written analysis of the RF/EMF output for the proposed facility prepared by a qualified professional;

a.

The written analyses shall include a cumulative RF/EMF analysis of all existing and proposed emission from the communication facility. The cumulative analyses shall include a conclusion section that indicates the total cumulative emissions for all emitters on the communication facility represented as a percentage of the acceptable general public exposure threshold, per the most recent FCC approved version of the OET Bulletin No. 65 circulation.

4.

The site location coordinates;

5.

The proposed elevations of the tower structure and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale;

6.

A visual impact assessment, photo montages, mock-ups are required (color elevation of the proposed communication facilities). More information may be required as determined by the director of planning. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility. The applicant shall provide two options for its proposed facility of which one shall be a stealth and camouflage technology (See definition for acceptable types);

a.

All of the communication facilities shall be enclosed by a six foot solid chain link fence, or anti-climb facility.

7.

A complete service area map showing the entire wireless communications network of the providers twenty miles in all directions from the proposed site for the time period from the filing of the application to twelve months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the above specified area;

8.

Applicants which operate common carrier communication facilities (specifically, but not limited to cellular, PCS, SMR and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communication service carriers operating within the county of the plans to develop the site;

9.

If a water source is existing and available, landscaping shall be required where ground level equipment is completely visible from a state controlled transportation route. Painting plans for the completed project shall be aesthetically and architecturally compatible with the surrounding environment;

All ground level support facilities shall be placed in an equipment building painted and/or screened from view. All aesthetic treatments shall be maintained as approved for the life of the facility;

11.

Aesthetically compatible materials and veneers such as wood, brick, or stucco shall be used for equipment buildings, which shall be designed to architecturally match the exterior of residential structures, if any, in the area or blend into the surrounding environment;

12.

The minimum lot area for a facility shall be based on required setbacks as set forth in the Tehama County zoning code or the Tehama County general plan;

13.

Except for colocation, no more than one new commercial communication facility may be placed within five miles of any other existing facility(s), unless visual impacts are negligible, or the planning commission authorizes it based on the fact that the applicant has demonstrated that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network;

14.

The applicant/owner/representative shall demonstrate in writing that the proposed communication facility and its proposed placement, attachment, adherence, erection, sitting and/or location complies with all applicable provisions of the Tehama County Zoning Code and other applicable ordinances;

15.

The Applicant must either own the property or have notarized permission from the owner(s) to use the premises for this purpose;

16.

A deposit or bond in the amount of fifty percent of the building permits evaluation of the communication facility shall be required in order to cover the removal expense. The deposit or bond shall be posted prior to the issuance of the permit and the applicant shall grant Tehama County the right to remove and dispose of the communication facility or to store it at the sole discretion of the director of planning. Upon expiration or revocation of the permit, the removal and/or disposal and/or storage shall be at the cost and expense of the applicant;

17.

Any additional and supplemental information that the planning department, department of public works, department of environmental health, department of building and safety, and Tehama County Fire Department determines is necessary to process the application.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

17.71.080 - Additional standards for issuance of a use permit.

A.

The planning commission in its discretion may place conditions on any use permit pursuant to Chapter 17.70, in addition to those set forth in Section 17.71.090.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

All communication facilities, including fixed wireless facilities permitted with a building permit, administrative use permit or use permit under this chapter shall adhere to the following standards and conditions:

A.

Height Limits. The height of a communication facility shall not exceed one hundred ninety-nine feet. The planning commission may approve a facility that exceeds one hundred ninety-nine feet, but the applicant shall demonstrate that the proposed communication facility is the minimum height required to function.

B.

Location. Facilities shall be sited to avoid or minimize land use conflicts.

1.

None shall be sited in a location where it will obstruct the operations of any airport.

2.

None shall be sited along a state designated scenic highway, or where identified significant historic, cultural or archaeologic resources exist unless it is colocated on an existing structure or otherwise camouflaged/stealthed.

3.

No commercial communication facility shall be placed within five miles of an existing wireless telecommunication facility unless environmental documentation verifies that a concentration of towers in close proximity will not have a cumulative adverse impact on the visual character or quality of the site and its surroundings.

C.

Colocation. Any tower or monopole installation subject to this section shall allow colocation.

D.

Lighting.

Tower or monopoles shall not be artificially lighted unless required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), the Uniform Building Code (UBC), or other state or federal law.

2.

External structure and area lighting shall be permitted only where such lighting is activated and controlled by motion sensors.

E.

Outside Storage. No outdoor storage of equipment, materials, or supplies shall be permitted, except in approved structures as defined in this ordinance.

F.

Any landscaping that is required for the facility shall be maintained for the life of the facility to screen any ground structures or equipment.

G.

Support structures, antennas, and any associated hardware shall have a non-reflective finish that is maintained for the life of the facility.

H.

Safety. The project site shall be enclosed within a solid chain link fence with slats at least six-feet high and/or anti-climb features, except for parcels that contain a primary use and do not contain commercial communication facilities.

I.

Signage. No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

J.

Licensing. The applicant shall show proof of Federal Communication Commission (FCC) licensing prior to issuance of a building permit.

K.

Aesthetic Consideration. Communication facilities shall not have a significant adverse effect on a scenic vista or significantly impact the existing visual character or quality of the site and its surroundings.

L.

Sensitive Environmental Areas. This chapter shall not authorize the development and/or construction of a fixed wireless facility in any sensitive environmental area, unless approved through a use permit or authorized by the California Department of Fish and Wildlife.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

A.

Without limiting any other provision of this chapter, a use permit for a communication facility may be suspended or revoked in accordance with Chapter 17.70 if the permit holder does not comply with any provision of this chapter. The director of planning shall commence suspension or revocation proceedings if any of the following conditions exist:

1.

The director of building determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to cause injury or unsafe conditions to public health, safety or welfare.

2.

The director of planning determines that a condition of the use permit is being violated.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

Any communication facility in violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated in the manner set forth in Chapter 10.16, in addition to any other remedies.

(Ord. No. 2113, §§ 6, 7, 11-16-2021)

Chapter 17.72 - VARIANCES

Sections:

When it is found in a particular situation that practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of the zoning code will result from the strict application of area, height, coverage, or space requirements or the regulations pertaining to nonconforming uses, a variance in such regulations may be granted as provided in this section.

(Ord. 1228 §2(Ch. 49, Art. 1), 1983)

Application for a variance shall be made in writing on a form provided by the planning commission and shall be accompanied by a filing fee, as prescribed by resolution of the board of supervisors, payable to the county, and by statements, plans and other evidence showing:

A.

That, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

That the applicant will accept such conditions to the granting of the variance requested as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

C.

That a hardship peculiar to the property and not created by any act of the owner exists; in this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance; further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

D.

That the granting of the variance will not be materially detrimental to the public health, safety, or welfare or will not impair an adequate supply of light and air to adjacent property;

E.

That either the variance is so insignificant that granting it will not be incompatible with the county general plan or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance.

(Ord. 1228 §2(Ch. 49, Art. 2), 1983)

Public hearings shall be held by the planning commission on all proper applications for variances, and notices thereof shall be given in the manner provided in Section 17.70.030.

(Ord. 1228 §2(Ch. 49, Art. 3), 1983)

Following the public hearing, the planning commission shall grant a variance only if, from the facts presented with the application or at the public hearing or as determined by investigation, a written finding of facts is made showing the qualifications under Section 17.72.020 apply to the land, building or use for which variance is sought.

(Ord. 1228 §2(Ch. 49, Art. 4), 1983)

In any case where the conditions to the granting of a variance have not been or are not being complied with, the board shall give notice to the grantee of intention to revoke such variance and shall give notice of

a public hearing to be held on the matter in the manner provided in Section 17.70.030.

(Ord. 1228 §2(Ch. 49, Art. 5), 1983)

17.72.060 - Appeal.

A.

Appeal from any findings or action of the planning commission on a variance application may be made in writing to the board within ten days of such action.

B.

Following a public hearing, notice of which shall be given in the manner provided in Section 17.70.030, the board may confirm, modify or reverse the action of the planning commission, basing such action on findings as provided in Section 17.72.020.

(Ord. 1228 §2(Ch. 49, Art. 6), 1983)

Chapter 17.74 - NONCONFORMING USES

Sections:

17.74.010 - Generally.

The lawful use of land existing at the time of the passage of the zoning code, although such use does not conform to the provisions thereof, may be continued. If any nonconforming use is abandoned or is discontinued for a period of six months or more, subsequent use of said land shall be in conformity with the provisions of the zoning code.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.020 - When structural alterations are made.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.030 - Enlargement, extension, reconstruction or structural alterations of existing building.

No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of the zoning code, for the district in which such building or premises is located, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted under the regulations specified in the zoning code for such district in which said building is located; provided, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, of fifty percent of the assessed value of the building according to the assessment thereof by the assessor.

(Ord. 1228 §2(Ch. 50(part)), 1983)

If at any time any building in existence or maintained at the time of adoption of the zoning code which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God, or act of the public enemy to the extent of more than one-half of the value thereof, then and without further action by the board the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building are located, except that a dwelling so destroyed may be reconstructed on the same building site within one year of the date of destruction. For the purposes of the zoning code, the value of any building shall be the estimated cost or replacement of the building in kind as determined by the county building official.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.050 - Chapter applicability to nonconforming uses.

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed or established.

(Ord. 1228 §2(Ch. 50(part)), 1983)

Chapter 17.75 - LOT LINE ADJUSTMENTS

Sections:

17.75.010 - Generally.

The provisions of this chapter are intended to provide criteria for the evaluation of and procedures for lot line adjustments as provided for in Sections 66412(d) and 51257 of the California Government Code.

(Ord. 1733 §4(part), 2000)

17.75.020 - Conforming/nonconforming parcels-Lot line adjustments.

Notwithstanding the minimum parcel sizes required by Chapters 17.10, 17.11, 17.12, 17.13, 17.14, 17.16, 17.18, 17.20, 17.22, 17.32, 17.44, 17.50, and 17.66, a lot line adjustment between two or more contiguous parcels may be approved by the director of planning or designee if the following criteria are met:

A.

A greater number of parcels than originally existed is not created.

B.

Any redescribed, pre-existing, nonconforming parcel is no less than eighty percent of its original area, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in Tehama County

Land Development and Engineering Design Standards and the Tehama County Code. A nonconforming parcel is a legal, conveyable parcel which is less than the minimum parcel size required for creating a new parcel in the district in which it is located.

C.

The adjustment between and/or amongst conforming parcels in residential zones does not result in any lot which is less than eighty percent of its minimum parcel size, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in the Tehama County Land Development and Engineering Design Standards and the Tehama County Code.

D.

The adjustment between and/or amongst conforming parcels in AG-1, AG-2, AG-4, and NR zones does not result in any lot which is less than eighty percent of its minimum parcel size, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in the Tehama County land division standards and the Tehama County Charter and Code.

E.

The adjustment between and/or amongst conforming or nonconforming parcels in AG-3 zones does not result in any lot which is less than five gross acres in size for properties that are not subject to a Williamson Act or Farmland Security Zone contract, or forty gross acres in size for properties that are subject to such a contract.

F.

Notwithstanding subsections B, C, D and E of this section, the redescription of any parcel cannot result in its potential redivision in which the number of lots would exceed the density limits of the land use category of the general plan in which the parcel(s) is/are located.

(Ord. 1733 §4(part), 2000)

(Ord. No. 1972, §§ 34, 35, 10-23-2012)

17.75.030 - Williamson Act lot line adjustments.

A.

Notwithstanding Section 17.75.020, all lot line adjustments involving conforming and/or nonconforming parcels in lands encumbered by land use contracts may be approved by the Tehama County board of supervisors only upon meeting all of the requirements of California Government Code Section 51257. The required findings for approval are all of the following:

1.

The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than ten years.

2.

There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

3.

At least ninety percent of the land under the former contract or contracts remains under the new contract or contracts.

4.

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222 of the California Government Code (ten acres prime land, forty acres nonprime land; the minimum parcel size for the creation of new parcels is forty acres cropland and one hundred sixty acres grazing).

5.

The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.

6.

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

7.

The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.

B.

The adjustment limitations as stipulated in Section 17.75.020(B), (D) and (E) shall apply to all lot line adjustments involving lands encumbered by land use contracts.

C.

Only one new contract may be entered into pursuant to this section and Section 51257 of the California Government Code with respect to a given parcel, prior to January 1, 2003.

(Ord. 1733 §4(part), 2000)

Chapter 17.76 - AMENDMENT PROCEDURE

Sections:

The provisions of this chapter shall be known as the code amendment procedure. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the zoning code and the application thereof to land within the county. This procedure shall apply to all requests to change any property from one zoning district to another or to impose any zoning district or regulation not therefor imposed, or to remove or modify any such zoning district or regulation therefor imposed.

(Ord. 1228 §2(Ch. 47, Art. 1(part)), 1983)

The zoning code shall be amended as necessary to implement the county general plan and to ensure consistency of the zoning code with the general plan.

(Ord. 1228 §2(Ch. 47, Art. 1(part)), 1983)

An amendment may be initiated by:

A.

A petition of one or more owners of property affected by the proposed amendment, accompanied by a filing fee specified by resolution of the board of supervisors, no part of which shall be returnable to the petitioner; or

B.

A resolution of intention by the board of supervisors.

(Ord. 1228 §2(Ch. 47, Art. 1(part)), 1983)

17.76.040 - Public hearings, notice and report.

A.

Public hearings on proposed amendments to the zoning code shall be held, and notice thereof shall be given, in the manner prescribed by the planning law of the state.

B.

Within ninety days after the planning commission public hearing, it shall file a report with the board of supervisors which shall include:

1.

A statement of findings that the petition or resolution of intention is or is not consistent with the general plan of the county; and

2.

A recommendation including the reasons for the recommendation as they relate to the above statement of findings.

• (Ord. 1228 §2(Ch. 47, Art. 1(part)), 1983)

When a petition to amend this title is denied by the board of supervisors, no similar petition shall be accepted by the planning commission until at least twelve months have elapsed from the date of denial by the board of supervisors.

(Ord. 1228 §2(Ch. 47, Art. 1(part)), 1983)

Chapter 17.77 - NOISE CONTROL

Sections:

A.

The purpose of the Noise Control Ordinance is to assess complaints of noise alleged to exceed county standards as set forth by this chapter and to address violations of these standards within the unincorporated areas of Tehama County. This chapter is consistent with the 2009-2029 Tehama County General Plan and Implementation Measure No. N-2.1a. The purpose of this chapter is to regulate noise.

B.

The noise element of the Tehama County General Plan provides a basis for comprehensive local policies to control and abate environmental noise and to protect the citizens of the county from excessive noise exposure (TC General Plan-pg.9.0-1).

C.

Noise has been cited as being a health problem, not only in terms of actual physiological damages such as hearing impairment, but in terms of inhibiting general well-being and contributing to stress and annoyance. The health effects of noise arise from interference with human activities such as sleep, speech, recreation, and tasks demanding concentration or coordination (TC General Plan-pg.9.0-2).

(Ord. No. 2123, § 1, 8-2-2022)

The following words, phrases and terms as used in this chapter shall have the following meanings:

"County." Shall mean the unincorporated area of the County of Tehama.

"County officials." For the purpose of this chapter, "county officials" shall mean any authorized employee and/or official employed by Tehama County for code enforcement purposes that shall include, but not be limited to the County Code Enforcement Department, Environmental Health Department and the Tehama County Sheriff's Office.

"Emergency work." Shall mean the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

"Enforcing officer." Shall mean the director of environmental health, sheriff, and any person employed by the county and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991, each of whom is independently authorized to enforce this chapter. Whenever necessary to ascertain and/or abate any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the landowner and/or occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of warrant issued pursuant to Code of Civil Procedure sections 1822.50 et seq.

"Off-road vehicles." Shall mean vehicles that operate in areas other than public roadways or right-of-way.

"Person." Shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

"Residential uses." Shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

(Ord. No. 2123, § 1, 8-2-2022)

17.77.030 - General noise regulations and violations criteria.

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any excessive, unnecessary or offensive noise levels, which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the following individual violations, of which may also be declared cumulatively:

A.

There shall be no noise as described in this subsection, except as allowed in Section 17.77.040, between the hours of ten p.m. and seven a.m. Monday through Friday or between the hours of ten thirty p.m. and eight a.m. Saturday and Sunday:

The sound level of the objectionable noise can be heard clear enough to repeat and/or recite at or beyond five hundred feet from the noise source's property line and/or fence;

2.

Three or more residential dwellings that are within five hundred feet of the noise sources property line and/or fence have registered a complaint with County Officials within twenty-four hrs. of the alleged noise violation;

3.

The noise complaint is consistent with the standards identified in subsections 17.77.030.A.1. or A.2. and exhibits a continuous, recurrent or intermittent characteristic and/or element such as short sound bursts, that include but are not limited to hammering, engine revving, screaming, yelling, dogs barking and/or gun shots;

4.

The noise complaint is consistent with the standards identified in subsections 17.77.030.A.1. or A.2. and includes tonal, informational, or musical/lyrical content.

(Ord. No. 2123, § 1, 8-2-2022)

The following activities shall be exempted from the provisions of this chapter:

A.

Activities conducted at parks, public playgrounds, school grounds and/or fairgrounds, provided that such facilities are owned and operated by a public entity. Non-profits are not considered a public entity pursuant to this chapter;

B.

Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work at any time;

C.

Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand feet of residential uses, provided said activities do not take place between the following hours:

1.

Sunset to sunrise on weekdays and non-holidays;

Friday commencing at six p.m. through and including eight a.m. on Saturday, as well as not before eight a.m. on holidays;

3.

Saturday commencing at six p.m. through and including nine a.m. on Sunday; and,

4.

Sunday after the hour of six p.m.

Construction stipulation: Provided, however, when an unforeseen or unavoidable condition occurs during a construction project approved by the county public works department, and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;

D.

Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses;

E.

All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;

F.

Noise sources associated with non-construction related maintenance of residential property, provided said activities take place between seven a.m. to sunset on Monday thru Friday, or between the hours of eight a.m. and five p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;

G.

Any activity, to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California pre-empt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture,

tent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California pre-empt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture,

maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;

H.

Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States;

I.

Private recreational activities (including off-road vehicle operation and gunfire occurring while hunting or target practice consistent with all state laws on private property) taking place during daytime hours (nine a.m. to sunset).

(Ord. No. 2123, § 1, 8-2-2022)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or religious facility, while the same is in use, to exceed the noise provisions specified in this chapter or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital.

(Ord. No. 2123, § 1, 8-2-2022)

It is unlawful for any person to operate any recreational off-road vehicle within the county in such a manner that the noise level exceeds the noise provisions specified above, or is in violation of the noise criteria as specified under exemptions above.

(Ord. No. 2123, § 1, 8-2-2022)

County animal control handles complaints concerning barking dogs as set forth in Section 7.25.130, which addresses the abatement of public nuisance caused by barking dogs within the county. The provisions of this chapter are in addition to, and do not supersede or limit, the provisions of Section 7.25.130.

(Ord. No. 2123, § 1, 8-2-2022)

Whenever the enforcing officer has reasonable cause to believe that a violation of this chapter exists, they may conduct an investigation of the alleged violation. Whenever it is affirmed orally over the phone and/or in writing pursuant to Section 17.77.030, subdivision A., by persons residing in three separate residences that a violation of this chapter exists, the officer shall investigate the alleged violation; provided, however, that where there is only one person residing or regularly employed within five hundred feet of the alleged violation, written and/or oral affirmation of only that one person shall be required for officer to investigate the alleged violation. If, upon investigation, the officer determines that a violation of this chapter exists, the officer may issue a citation or order to summary abate the nuisance to the owner and/or occupant of said property at which the violation has occurred directing that such violation be abated. In the event that the owner and/or occupant of said property at which the violation has occurred does not comply with the

citation or order, the officer may immediately refer the matter to the district attorney for prosecution of the violation.

Provisions of this chapter are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other action, proceedings or remedies provided by law.

(Ord. No. 2123, § 1, 8-2-2022)

Notwithstanding any other provision of this chapter, when any unlawful noise constitutes an immediate threat to public health or safety as provide in Sections 17.77.010, subdivisions A. and B., and 17.77.030, and when the procedures set forth in Sections 10.16.060 through 10.16.190 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may summarily abate the nuisance. The officer shall make reasonable efforts to notify the persons as provided by Section 10.16.080, but the formal notice and hearing procedures set forth in Sections 10.16.060 through 10.06.110 shall not apply. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in Section 17.77.100 and/or Chapter 10.16.

(Ord. No. 2123, § 1, 8-2-2022)

If an enforcing officer has reason to believe a violation has occurred and the violation is not corrected forthwith, all costs incurred in pursuing the subsequent enforcement process may be recovered from the violator.

If the officer does not have reason to believe a violation has occurred, the cost of the first investigation shall be borne by the county. Any costs incurred in investigating subsequent complaints that are determined not to be a violation shall be borne by the complainant.

It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining whether or not a violation of this chapter has occurred.

(Ord. No. 2123, § 1, 8-2-2022)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Any violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated in the manner set forth in chapter 10.16, in addition to any other remedies.

(Ord. No. 2123, § 1, 8-2-2022)

Chapter 17.78 - ENFORCEMENT

Sections:

17.78.010 - Planning director to enforce.

It shall be the duty of the planning director and his authorized deputies to conduct inspections and investigations related to the regulations of this title, together with other officers of the county charged in this title or otherwise with the enforcement of law, to enforce the zoning code and all of the provisions thereof.

(Ord. 1228 §2(Ch. 51(part)), 1983)

In addition to any other remedy provided by law or this Code, whenever the director of planning determines that any use of land or other activity is occurring or has occurred in violation of the provisions of this title, or without compliance with the conditions of permit issued under this title, the director may issue a stop order directing that the violation cease immediately. The stop order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of this title or conditions of approval upon which the director based his determination. The stop order shall include a statement of any corrective action or restoration work the director deems necessary to abate the condition. It shall be unlawful and a violation of this title for any person to resume any use or activity that were ordered to be stopped by the director, unless the director has first required and the person has agreed to any necessary corrective measures, and the director has authorized resumption of the use or activity. The person to whom a stop order is issued may appeal the issuance of the order to the planning commission within thirty days of issuance of the order, but the filing of such appeal shall not permit the resumption of the use or activity that was ordered to be stopped by the director of planning. The planning commission may affirm, modify, or set aside, in whole or in part, by its own order, any stop order of the director. Appeal from any action of the planning commission hereunder may be made in writing to the board of supervisors within ten days of such action. The board may affirm, modify, or set aside, in whole or in part, any action of the planning commission hereunder.

(Ord. No. 1972, § 36, 10-23-2012)

Any building set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this title shall be unlawful and a public nuisance, and the county counsel may immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this title. In addition to any other remedy provided by law or equity, the court in such an action may appoint a receiver for the property upon which the violation is occurring, pursuant to Code of Civil Procedure section 564, who shall be authorized to take such actions as may be necessary to remedy and remove the violation.

(Ord. 1228 §2(Ch. 51(part)), 1983)

(Ord. No. 1972, §§ 37, 38, 10-23-2012)

A.

Any person violating any provision of the zoning code shall be deemed guilty of a misdemeanor.

B.

Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of the zoning code is committed, continued or permitted by such person.

(Ord. 1228 §2(Ch. 51(part)), 1983)

All remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. 1228 §2(Ch. 51(part)), 1983)

Chapter 17.79 - SUN CITY TEHAMA SPECIFIC PLAN DISTRICT[[16]]

Sections:

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. 1939, § 2, adopted April 27, 2010, repealed Ch. 17.79, which pertained to Sun City Tehama Specific Plan District and derived from Ord. No. 1873, § 2, 2006. Subsequently, Ord. No. 1940, § 2, adopted April 27, 2010, added chapter 17.79 to read as herein set out.

The Sun City Tehama Specific Plan, adopted by Ordinance No. 1940, shall govern the uses of land within the area described therein. Uses permitted, permitted upon the securing of a use permit, and prohibited within the district shall be as set forth in the Sun City Tehama Specific Plan.

(Ord. No. 1940, § 2, 4-27-2010)

Chapter 17.80 - DENSITY BONUS[[17]]

Sections:

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 1951, § 41, adopted October 19, 2010, set out provisions intended for use as chapter 17.79. For purposes of clarity, and at the editor's discretion, these provisions have been included as chapter 17.80.

17.80.010 - Purpose.

When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within the jurisdiction of Tehama County, the county shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in this chapter. This chapter is intended to implement Government Code sections 65915, and the Tehama County General Plan Housing Element.

(Ord. No. 1951, § 41, 10-19-2010)

A.

1. The county shall grant one density bonus, the amount of which shall be as specified in subdivision E., and incentives or concessions, as described in subdivision C., when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:

(a)

Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(b)

Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code.

(c)

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

(d)

Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

2.

For purposes of calculating the amount of the density bonus pursuant to subdivision E., the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (a), (b), (c), or (d) of paragraph 1.

3.

For the purposes of this section, "total units" or "total dwelling units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

B.

1. An applicant shall agree to, and the county shall ensure, continued affordability of all low- and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.

2.

An applicant shall agree to, and the county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The county shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

(a)

Upon resale, the seller of the unit shall retain the value of any improvements, the down-payment, and the seller's proportionate share of appreciation. The county shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

(b)

For purposes of this subdivision, the county's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(c)

For purposes of this subdivision, the county's proportionate share of appreciation shall be equal to the ratio of the county's initial subsidy to the fair market value of the home at the time of initial sale.

C.

1. An applicant for a density bonus pursuant to subdivision A. may submit to the county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the county. The county shall grant the concession or incentive requested by the applicant unless the county makes a written finding, based upon substantial evidence, of any of the following:

(a)

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision B.

(b)

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

(c)

The concession or incentive would be contrary to state or federal law.

2.

The applicant shall receive the following number of incentives or concessions:

(a)

One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a common interest development.

(b)

Two incentives or concessions for projects that include at least twenty percent of the total units for lower income households, at least ten percent for very low income households, or at least twenty percent for persons and families of moderate income in a common interest development.

(c)

Three incentives or concessions for projects that include at least thirty percent of the total units for lower income households, at least fifteen percent for very low income households, or at least thirty percent for persons and families of moderate income in a common interest development.

3.

Nothing in this subdivision shall be interpreted to require the county to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the county to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

D.

1. In no case may the county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision A. at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision A. at the densities or with the

concessions or incentives permitted under this section, and may request a meeting with county. Nothing in this subdivision shall be interpreted to require the county to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this

subdivision shall be interpreted to require the county to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

2.

A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision C.

E.

For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision A.

1.

For housing developments meeting the criteria of subparagraph (a) of paragraph 1. of subdivision A., the density bonus shall be calculated as follows:

20

35

2.

For housing developments meeting the criteria of subparagraph (b) of paragraph 1. of subdivision A., the density bonus shall be calculated as follows:

3.

For housing developments meeting the criteria of subparagraph (c) of paragraph 1. of subdivision A., the density bonus shall be twenty percent of the number of senior housing units.

4.

For housing developments meeting the criteria of subparagraph (d) of paragraph 1. of subdivision A., the density bonus shall be calculated as follows:

5.

All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

F.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land in accordance with this subdivision, the applicant shall be entitled to a fifteenpercent increase above the otherwise maximum allowable residential density for the entire development, as follows:

2.

This increase shall be in addition to any increase in density mandated by subdivision A., up to a maximum combined mandated density increase of thirty-five percent if an applicant seeks an increase pursuant to both this subdivision and subdivision A. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

(a)

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(b)

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development.

(c)

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure.

(d)

The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the county may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the county prior to the time of transfer.

(e)

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs 1. and 2. of subdivision B., which shall be recorded on the property at the time of the transfer.

(f)

The land is transferred to a housing developer approved by the county. As part of the application, the applicant must identify a housing developer that has agreed to assume ownership and management of the donated land.

(g)

The transferred land shall be within the boundary of the proposed development or, if the county agrees, within one-quarter mile of the boundary of the proposed development.

(h)

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

G.

1. When an applicant proposes to construct a housing development that conforms to the requirements of subdivision A. and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the county shall grant either of the following:

(a)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

(b)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

2.

The county shall require, as a condition of approving the housing development, that the following occur:

(a)

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision A.

(b)

Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision A.

3.

Notwithstanding any requirement of this subdivision, the county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

4.

"Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

H.

"Housing development," as used in this section, means a development project for five or more residential units. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily

dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

I.

The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law.

J.

For the purposes of this chapter, concession or incentive means any of the following:

1.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

2.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3.

Other regulatory incentives or concessions proposed by the developer or the county that result in identifiable, financially sufficient, and actual cost reductions.

K.

Subdivision J. does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the County, or the waiver of fees or dedication requirements.

L.

If permitted by local ordinance, nothing in this section shall be construed to prohibit the county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

M.

For purposes of this section, the following definitions shall apply:

1.

"Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

2.

"Maximum allowable residential density" means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

N.

1. Upon the request of the developer, the county shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (a), that exceeds the following ratios:

(a)

Zero to one bedroom: one on-site parking space.

(b)

Two to three bedrooms: two on-site parking spaces.

(c)

Four and more bedrooms: two and one-half parking spaces.

2.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

3.

This subdivision shall apply to a development that meets the requirements of subdivision A. but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision C.

O.

1. Requests for density bonuses, incentives, and/or concessions shall be made as part of and evaluated through the county's existing land use permit processes where a parcel map, subdivision map, parcel map waiver, use permit, or other discretionary approval is otherwise required under the Tehama County Code or state law. Where no discretionary approvals are otherwise required for a project, consideration of density bonuses, incentives, and/or concessions shall be made through a use permit application as provided in Chapter 17.70.

2.

The written request shall include adequate information to determine the project cost per unit of the proposed development. This will include, but not be limited to, capital costs, equity investment, debt service, projected revenues, operating expenses, or other information requested by the county. The proposal shall specify the number, type location, size of housing units, and a construction schedule. If regulatory concessions are sought, the developer shall include information with the application, based on building industry standards, to substantiate that any requested waiver or modification of zoning or subdivision standards is necessary to make housing units affordable to very low, lower, or moderate income households.

(Ord. No. 1951, § 41, 10-19-2010)

A.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or fifteen percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the county pursuant to this section, the county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. The county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

B.

For purposes of this section, "density bonus" means an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

C.

For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the county might otherwise apply as conditions of conversion approval.

D.

An applicant for approval to convert apartments to a condominium project may submit to the county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals, which shall be reviewed by the technical advisory committee. The county shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section.

E.

Nothing in this section shall be construed to require the county to approve a proposal to convert apartments to condominiums.

F.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 17.79.020.

(Ord. No. 1951, § 41, 10-19-2010)

Where there is a direct financial contribution to a housing development pursuant to Section 17.79.020 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the county shall assure continued availability for low- and moderate-income units for thirty years. When appropriate, the agreement provided for in Section 17.79.020 shall specify the mechanisms and procedures necessary to carry out this section.

In enacting this chapter it is the intent of the county that the density bonus or other incentives offered by the county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 17.79.020, the county shall not offer a density bonus or any other incentive that would undermine the intent of this chapter.

(Ord. No. 1951, § 41, 10-19-2010)

Chapter 17.81 - ADMINISTRATIVE PERMIT AGRICULTURE TOURISM USES

The purpose of this chapter is to actively promote outdoor recreation opportunities such as agritourism, agri-nature-tourism, and similar uses that encourage and support agriculture in Tehama County. The ministerial administrative permit process is intended to allow the proper integration of such uses into the community, only if such uses are designed or arranged on the site in accordance with established development standards of this title and policies of the general plan. This chapter is intended to implement the 2009-2029 Tehama County General Plan Policy OS-9.4.

(Ord. No. 1972, § 20, 10-23-2012)

17.81.020 - Administrative permit—Process.

A.

Applicants may apply for an administrative permit for an agritourism, agrinature-tourism, Geotourism, glamping, agricultural homestay, or environmental learning tourism use on lands within the A-1, A-2, A-3, A- 4, NR, and GR zoning districts, if such use is consistent with the Administrative Permit application requirements and administrative permit standards and criteria set forth in this chapter. In the event that the proposed use or activity exceeds the standards and requirements of this chapter, the applicant shall be required to obtain a use permit under Chapter 17.70.

B.

Application for an administrative permit shall be made in writing by the owner or authorized occupant of the property on a form prescribed by the director of planning. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the site and the proposed use or activity.

C.

Prior to issuance of any administrative permit, the proposed use or activity and site plans shall be reviewed by the affected county departments and other affected public agencies to ascertain compliance with all applicable laws, policies, codes and regulations.

D.

Administrative permits under this chapter shall be issued upon a determination by the director of planning that the agritourism, agri-nature-tourism, Geotourism, glamping, agricultural homestay, or environmental learning tourism use described in the application for the permit and the plans filed therewith conform to the requirements of this chapter and other applicable laws, regulations, and ordinances, and that the fee has been paid.

(Ord. No. 1972, § 20, 10-23-2012)

17.81.030 - Administrative permit—Notice and appeals.

A.

A public hearing shall not be required on any application for an administrative permit prior to action being taken by the director of planning to approve or deny the application.

B.

Upon the director of planning's action to approve or deny an administrative permit pursuant to this chapter, all property owners within one thousand feet of the project parcel and the applicant shall be notified by mail of the director of planning's action. The notice shall include the location and general description of the proposed use that may be established upon the issuance of the administrative permit. The notice shall inform the property owners and applicant of their right to appeal the approval or denial of the administrative permit to the planning commission.

C.

Appeal of the action to approve or deny an administrative permit under this chapter by the director of planning shall be made in writing to the planning commission and submitted to the planning department within twenty days of the date the notification is mailed to the property owners and applicant pursuant to subdivision B. The written appeal shall be accompanied by an appeal fee prescribed by the board of supervisors.

D.

Following a public meeting, notice of which shall be given in the manner provided in subdivision B, the planning commission may affirm, modify or reverse the action of the director of planning, based upon the standards and requirements set forth in this chapter.

E.

The decision by the planning commission to affirm, modify or reverse the action of the director of planning may be appealed to the board of supervisors within ten days of such action. The appeal shall be submitted in writing to the clerk of the board and accompanied by an appeal fee prescribed by the board of supervisors.

F.

Following a public meeting, notice of which shall be given in the manner provided in subdivision B., the board of supervisors may affirm, modify or reverse the action of the planning commission. Action by the board of supervisors on the appeal of an administrative permit shall be final.

(Ord. No. 1972, § 20, 10-23-2012)

A.

In any case where an administrative permit has not been used within one year after the date of granting thereof, then, without further action by the director of planning, the administrative permit granted shall be null and void.

B.

In any case where an active administrative permit has been abandoned for a period of six months, the administrative permit shall be deemed null and void.

C.

The director of planning may approve one extension of the time limits set forth in this section for an approved administrative permit, for up to eighteen additional months after notice is given in the same manner as the original approval, if the director finds that such extension is consistent with the purposes of this chapter.

(Ord. No. 1972, § 20, 10-23-2012)

An administrative permit may be issued under this chapter for the following uses:

A.

Limited agritourism, agri-nature-tourism, Geotourism, glamping, agricultural homestay, and environmental learning tourism uses, as defined in Chapter 17.04, in accordance with the development standards established by this Chapter, shall be permitted when conducted in compliance with all of the following:

1.

The daily use or activity is limited to an average of fifteen persons per day with a maximum of one hundred six in any week (not counting employees). If averages are used, they must be on a per week basis.

Examples of limited agritourism and agri-nature tourism uses and activities to which this chapter applies may include, but are not limited to, star-gazing, educational and interpretive seminars, clinics, tours, and walks, horseback riding (which may include trail riding instruction necessary for the safety of guests, if pertinent to agritourism use), cross country skiing, picnics, gold panning, hiking, tours, working dog trials, horseback riding, wagon rides when confined to the agritourism parcel, wildlife viewing, photography, and youth exchange programs when related to an on-site agricultural operation and in accordance with agricultural homestay requirements.

B.

Larger and more frequent agritourism, agri-nature-tourism, Geotourism, glamping, agricultural homestay, and environmental learning tourism uses, as defined in Chapter 17.04, including but not limited to collaborative agri-nature tourism events, petting zoos of resident animals, and hunting dog trials not involving the discharge of firearms, in accordance with the development standards established by this chapter, shall be permitted when conducted in compliance with all of the following:

1.

A daily use or activity is limited to no more than an average of thirty-five persons per day with a maximum of two hundred fifty in any given week (not counting employees). If averages are used, they must be on a per week basis.

2.

The use or activity is conducted in accordance with the development standards established by this chapter.

3.

Submittal of an agritourism facility compliance form to the Tehama County Planning Department shall be required annually for reporting of the permitted activities and events. The report shall include information on the number of participants, days of activity, and hours of operation.

C.

Agricultural activities associated with a non-profit agricultural youth group project or projects shall not require an administrative permit.

(Ord. No. 1972, § 20, 10-23-2012)

Any agritourism, agri-nature-tourism, Geotourism, glamping, agricultural homestay, or environmental learning tourism use or activity permitted under this chapter shall comply with the following standards:

A.

The primary use of the parcel on which the agritourism, agri-nature-tourism, Geotourism, glamping, agricultural homestay, or environmental learning tourism use or activity is located shall be a farm, as defined in Food and Agricultural Code section 52262, that produces agricultural products as its primary source of income. Uses and activities permitted under this chapter shall be a secondary use to the primary commercial agricultural production use.

B.

The amount of land allowed for permanent physical improvements (infrastructure and structural improvements) related to any use or activity permitted under this chapter shall be no more than ten percent of the parcel's acreage or five acres of total land area, whichever is the lesser amount. Permanent physical improvements do not include unpaved riding or hiking trails. If the permitted use or activity is conduct on multiple parcels, the maximum percentage of permanent physical improvement shall be separately calculated for each parcel on which the improved facilities are located, and there shall be no more than five acres cumulative physical improvement allowed on all of the parcels combined.

C.

If the use or activity generates more than 7.5 Average Daily Trips (ADTs), the following road access and maintenance requirements shall apply:

1.

The permitted use or activity shall have access from a public or private road or roads which have adequate capacity for existing traffic and the traffic generated by the activity or use, as set forth in the Tehama County Land Development and Engineering Design Standards. If the use or activity is proposed to have access from a county maintained road that does not fully meet the standards set forth in the Tehama County Land Development and Engineering Design Standards, then the use or activity may only occur if the road is improved by the applicant to provide adequate capacity as described above.

2.

The use or activity shall have access from roads which are maintained. If primary access is not from a county maintained road or a state highway, then the operator of the use or activity shall participate in any existing active road maintenance organization for all privately maintained access roads. If no road maintenance organization exists, then the applicant and any other parties whose consent is legally required shall develop, execute, and record a road maintenance agreement which provides for maintenance of

drainage and erosion control devices, fuel modification, and upkeep of road surfaces from at least the proponent's property to the nearest county maintained road or state highway. The road maintenance agreement provisions shall be developed by the applicant and shall:

i.

Be in effect for the life of the project, unless said maintenance is taken over by the county, a special district, other governmental entity, or another recorded private road maintenance association with the approval of the county.

ii.

Provide for annual maintenance and the immediate correction of emergency and hazard situations.

iii.

Be in a form approved by the director of planning and county counsel.

D.

Any exterior activities for permitted uses and activities hereunder shall not commence prior to seven o'clock a.m. and shall cease by ten o'clock p.m. The director of planning may grant exceptions to these hours of operation on a case by case basis, through the administrative permit process, for specific uses which are time sensitive, including, but not limited to, bird-watching, when the director of planning makes the finding that the amended hours will not adversely impact neighbors or the public.

E.

If the use or activity is immediately adjacent to a commercial poultry operation, there shall be no exterior lights for the use or activity (except as minimally necessary for public safety, as determined by the director of planning) and there shall be no organized activities after sunset. The director of planning may waive these requirements upon determining that such waiver will not adversely affect the poultry operation, and shall consider any written comments or agreements submitted by the operator of the poultry operation. This standard shall not apply if the permitted use or activity is established before a poultry operation is established on the adjacent property.

F.

The use or activity shall not employ more than one employee per acre, up to a maximum of five total employees, on-site at any one time. This limit does not include family members, as defined in Section 1.04.205, or employees solely of the agricultural operation. The director of planning may grant limited exceptions to the number of employees allowed at an operation on a case by case basis, through the administrative permit process, for specific uses which may occasionally require more employees, when the director of planning makes the finding that the increased number of employees will not adversely impact neighbors or the public.

G.

The permitted operator of the use or activity, or their authorized agent, shall be personally present onsite at all times throughout the duration of the use or activity.

H.

Petting zoos of resident animals shall have a minimum of one-third mile buffer from adjacent properties.

I.

Permitted uses or activities shall be limited to the parcel or parcels identified in the application. Parcel boundaries and no trespassing signs shall be clearly posted by the operator.

J.

Permitted uses or activities shall have adequate provisions for sewage disposal (permanent or temporary) as determined by the Tehama County Department of Environmental Health.

K.

The use or activity shall have adequate provisions for potable water as determined by the Tehama County Department of Environmental Health.

L.

The use or activity shall have adequate on-site parking for all employees and participants.

M.

Any new exterior lighting installed related to a permitted use or activity shall be designed to illuminate the immediate vicinity and shall not be visible off site.

N.

An agricultural homestay shall meet all of the following requirements:

1.

The parcel on which an agricultural homestay is proposed shall be twenty acres in size or greater.

2.

The agricultural homestay is located in an existing dwelling, occupied by one or more residents, on a fulltime basis, as their primary domicile.

3.

The primary purpose of the homestay establishment is the guest's education and active participation in the on-site agricultural activities.

The agricultural homestay shall comply with all of the requirements for a bed and breakfast under Section 17.08.010, subdivision (j).

5.

The operator shall obtain and maintain a valid Transient Occupancy Registration Certificate under Chapter 4.24.

O.

A glamping use or activity shall meet all of the following requirements:

1.

The parcel on which glamping is proposed shall be twenty acres in size or greater.

2.

The glamping operation shall be located on property containing an existing dwelling occupied by one or more residents, on a full-time basis, as their primary domicile.

3.

The glamping operation has not more than six guest units and accommodates not more than fifteen guests. Any activities or events that involve more than fifteen guests at a glamping establishment are prohibited.

4.

The glamping operation serves meals only to its registered guests and serves meals at any time, and with respect to which the price of meals is included in the price of the overnight transient occupancy accommodation.

5.

The glamping operation conforms to all building codes, fire codes, and American Disabilities Act and other accessibility requirements.

6.

The operator shall obtain and maintain a valid Transient Occupancy Registration Certificate under Chapter 4.24.

P.

In the event that a use or activity permitted hereunder is proposed in an area where there is regular agricultural spraying, the director of planning shall consider during the project review process the location of the use or activity in light of the types of chemicals commonly used in the immediate vicinity, the frequency of application and recommendations from department of pesticide regulation for the chemicals that are applied. If it is determined that there is significant health risk to future employees or participants in

the use or activity, the permitted location shall include sufficient land to provide an adequate buffer between the use or activity and any agricultural spraying activity.

(Ord. No. 1972, § 20, 10-23-2012)