Chapter 17.83 — WIND ENERGY SYSTEMS

This chapter establishes development and operating standards for Wind Energy Systems to minimize negative impacts on neighboring properties, implement State and Federal law, and ensure the orderly development of a diversity of land uses within the county.

(Ord. No. 2009, § 1, 9-1-2015)

All terms used in this chapter shall have the following definitions:

(a)

Dual purpose wind energy system means a wind energy system designed to provide both on-premises 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.

(b)

Premises means 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.

(c)

Small wind energy system means a wind energy system used only to reduce on-premises consumption of utility power. The purpose of a small 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.

(d)

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.

(e)

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.

(Ord. No. 2009, § 1, 9-1-2015)

Notwithstanding any other provisions of this title, wind energy systems are allowed only on properties that are at least ten acres in size in the following zone districts, subject to the following conditions:

Dual X X X X X C C C C C C C purpose wind system

C

X X C

C

C

C C C C

P = Permitted, C = Permitted with approval of a use permit, X = Not allowed

(Ord. No. 2009, § 1, 9-1-2015)

(a)

Towers.

(1)

Small Wind Energy Systems and Dual Purpose Wind Energy Systems: No more than one wind energy tower may be located on any single premises.

(2)

Wind Power Facilities: The planning commission shall specify the permitted number of towers through the use permit process.

(Ord. No. 2009, § 1, 9-1-2015)

The total height of wind energy systems is measured as the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point, and shall not exceed the following maximum height requirements:

(a)

Wind Towers: Small and dual purpose wind energy systems shall not exceed eighty feet unless the planning commission approves additional height through the use permit process.

(b)

Wind Power Facilities: The planning commission shall specify the maximum height through the use permit process.

(Ord. No. 2009, § 1, 9-1-2015)

Small and dual purpose wind energy systems shall be located in the rear yard portion of any lot where permitted, unless otherwise approved by the director of planning or planning commission. Wind power

facility locations shall be determined by the planning commission through the use permit process subject to all applicable laws, ordinance, and enforceable restrictions applicable to the property.

(Ord. No. 2009, § 1, 9-1-2015)

(a)

Wind energy systems shall not be permitted within one thousand feet of the following:

(1)

A residence, excepting residences on the same premises and other residences owned by the applicant at the time the application is approved.

(2)

The outer boundaries of any parcel within the R-1, R-2, R-3, R-4, C-1, C-2, C-3 and C-4 zoning districts.

(3)

A property listed on the National Register of Historic Places or the California Register of Historical Resources.

(4)

The following County Designated Scenic Highways pursuant to the Open Space and Conservation Element of the 2009-2029 Tehama County General Plan:

(a)

State Route 89: The Tehama County General Plan has classified State Route 89 as a county scenic highway. This route in eastern Tehama County has been designated as part of the Volcanic Legacy Scenic Byway All American Road. It is also eligible to be, but has not been, classified as a California state scenic highway.

(b)

State Route 172: Route 172, located in eastern Tehama County in the area of Mill Creek, has been designated a county scenic highway in the General Plan Update.

(c)

State Route 36: State Route 36 from Manton Road eastward to the county line has been designated a County scenic highway in the General Plan Update. Additionally, State Route 36 from Bowman Road westward to the county line has been designated a county scenic highway in the General Plan Update.

(d)

State Route 32: Route 32 is located in eastern Tehama County. This highway traverses portions of Lassen National Forest. The Tehama County General Plan Update has classified this highway as a county scenic highway.

(b)

Tower Set Backs.

(1)

All wind energy system towers shall be located outside of the setback for the zone district and at least 1.2 times its height from all property boundaries.

(2)

Wind energy systems shall be placed and oriented to avoid casting a shadow on any off-site structure.

(Ord. No. 2009, § 1, 9-1-2015)

Noise levels resulting from normal operation of wind energy systems shall not exceed noise standards for non-transportation noise set forth in the Noise Element of the 2009-2029 Tehama County General Plan, Table 9-7, as measured at the nearest property line. Applications for permitted or conditionally permitted wind energy systems shall include noise specifications and/or noise studies demonstrating consistency with those standards.

(Ord. No. 2009, § 1, 9-1-2015)

All towers shall be painted a neutral, non-reflective color, except when obstruction marking is required for aviation purposes.

(Ord. No. 2009, § 1, 9-1-2015)

Appropriate warning signs, no larger than four square feet, shall be placed on or near wind energy systems. Wind energy systems and related equipment will not be used to advertise or promote any product or service other than the manufacturer's identification up to a size not to exceed thirty-two square feet.

(Ord. No. 2009, § 1, 9-1-2015)

All wind energy systems that are not in use for a period of six continuous months shall be considered abandoned. Abandoned wind energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any wind energy system, the Director of Planning may require the applicant to post a performance security in an

amount and form determined by the director that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing. If the director of planning determines that the system is abandoned, the planning director may initiate appropriate proceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accordance with Chapter 10.16 of this Code.

(Ord. No. 2009, § 1, 9-1-2015)

Small wind energy systems shall be permitted on lands encumbered by the Williamson Act, where otherwise permitted in accordance with Section 17.83.030. Wind power facilities and dual purpose wind energy systems are prohibited on lands subject to a Williamson Act or Farmland Security Zone contract.

(Ord. No. 2009, § 1, 9-1-2015)

Chapter 17.84 - SOLAR ENERGY SYSTEMS

This chapter establishes development and operating standards for solar energy systems to minimize negative impacts on neighboring properties, implement state and federal law, and ensure the orderly development of a diversity of land uses within the county.

(Ord. No. 2009, § 2, 9-1-2015)

All terms used in this chapter shall have the following definitions:

(a)

Dual purpose solar energy system means a solar energy system designed to provide both on-premises 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.

(b)

Premises means 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.

(c)

Small solar energy system means 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 solely to reduce on-

premises consumption of utility power. Small solar energy systems must be ancillary to a principally permitted use of the premises.

(d)

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.

(e)

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 chapter.

(Ord. No. 2009, § 2, 9-1-2015)

Notwithstanding any other provisions of this title, small and dual purpose solar energy systems and solar power facilities are allowed only in the following zone districts, subject to the following conditions:

P = PERMITTED USE, C = Permitted with approval of a use permit, X = Not allowed

(Ord. No. 2009, § 2, 9-1-2015)

17.84.040 - Height.

(a)

Solar panels shall comply with the maximum permitted height of the zoning district.

(b)

Attachment to existing buildings and towers shall comply with the maximum permitted height of the zoning district.

(Ord. No. 2009, § 2, 9-1-2015)

Solar power facility locations shall be determined by the planning commission through the use permit process, which at a minimum shall maintain the applicable zoning districts setback standards.

(Ord. No. 2009, § 2, 9-1-2015; Ord. No. 2090, § 1, 2-4-2020)

Small solar energy systems, dual purpose solar systems, and solar power facilities must meet the required setbacks established by the zone district.

(Ord. No. 2009, § 2, 9-1-2015)

All solar energy systems that are not in use for a period of six continuous months shall be considered abandoned. Abandoned solar energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any solar energy system, the director of planning may require the applicant to post a performance security in an amount and form determined by the director that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing. If the director of planning determines that the system is abandoned, the planning director may initiate appropriate proceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accordance with Chapter 10.16 of this Code.

(Ord. No. 2009, § 2, 9-1-2015)

Small solar energy systems shall be permitted on lands encumbered by the Williamson Act, subject to [Section] 17.83.030, Uses permitted requirements. Solar power facilities and dual purpose solar energy systems are prohibited on lands subject to a Williamson Act or Farmland Security Zone contract, excepting where the project qualifies for placement into a solar use easement pursuant to Government Code sections 51190 et seq.

a)

A decommissioning plan is required with an application submitted for a solar power facilities and dual purpose solar energy systems on lands subject to a Williamson Act or Farmland Security Zone contract where the project qualifies for placement into a solar-use easement pursuant to Government Code sections 51190 et seq.

b)

Where consistent with applicable law and the general welfare, an agreement providing for mitigation of the impacts of the project shall be entered into between the county and the land owner, or the operator of a solar power facility and/or dual purpose solar energy system on lands subject to a Williamson Act or Farmland Security Zone contract where the project qualifies for placement into a solar-use easement pursuant to Government Code sections 51190 et seq.

(Ord. No. 2009, § 2, 9-1-2015)

Chapter 17.85 - WATER EFFICIENT LANDSCAPE

This chapter shall be known and may be cited as the "Water Efficient Landscape Ordinance."

(Ord. No. 2012, § 1, 9-22-2015)

The board of supervisors of the County of Tehama hereby finds and declares that:

A.

The State Legislature has found:

1.

That the limited supply of state waters are subject to ever increasing demands;

2.

That California's economic prosperity depends on adequate supplies of water;

3.

That state policy promotes conservation and efficient use of water;

4.

That landscapes provide recreation areas, clean the air and water, prevent erosion, offer fire protection, and replace ecosystems displaced by development; and

That landscape design, installation, and maintenance can and should be water efficient.

B.

Consistent with the legislative findings, the purpose of this chapter is to:

1.

Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

2.

Establish a structure for designing, installing, and maintaining water efficient landscapes in new projects; and

3.

Establish provisions for water management practices and water waste prevention for established landscapes.

(Ord. No. 2012, § 1, 9-22-2015)

17.85.030 - Definitions.

The words used in this chapter have the meaning set forth below:

(1)

"Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

(2)

"Application rate" means the depth of water applied to a given area, usually measured in inches per hour.

(3)

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

(4)

"Automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.

(5)

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

(6)

"Conversion factor (0.62)" means a number that converts the maximum applied water allowance from acreinches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

a.

Three hundred twenty-five thousand eight hundred fifty-one gallons/forty-three thousand five hundred sixty square feet/twelve inches = (0.62)

b.

Three hundred twenty-five thousand eight hundred fifty-one gallons= one acre foot

c.

Forty-three thousand five hundred sixty square feet = one acre

d.

Twelve inches = one foot

To convert gallons per year to one hundred cubic feet per year, another common billing unit for water, divide gallons per year by seven hundred forty-eight. (seven hundred forty-eight gallons = one hundred cubic feet.)

(7)

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

(8)

"Effective precipitation" or "usable rainfall" means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape.

(9)

"Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil.

(10)

"Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

(11)

"Establishment period" means the first year after installing the plant in the landscape.

(12)

"Estimated applied water" use means the portion of the estimated total water use that is derived from applied water. The estimated applied water use shall not exceed the maximum applied water allowance. The estimated applied water use may be the sum of the water recommended through the irrigation schedule, as referenced in Section 17.85.040(C)(3).

(13)

"Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as described in Section 17.85.040(C)(4).

(14)

"ET adjustment factor" means a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.625.

Therefore, the ET adjustment factor (0.8) = (0.5/0.625).

(15)

"Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

(16)

"Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

(17)

"Hydrazone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrazone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrazone.

(18)

"Infiltration rate "means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

(19)

"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation

system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems.

(20)

"Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.

(21)

"Landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes—such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included.

(22)

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

(23)

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

(24)

"Maximum applied water allowance" means, for design purposes, the upper limit of annual applied water for the established landscaped area as specified in Subsection 17.85.040(C)(2). It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

(25)

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

(26)

"Mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.

(27)

"Operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler.

(28)

"Overhead sprinkler irrigation systems" means those with high flow rates (pop-ups, impulse sprinklers, rotors, etc.).

(29)

"Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas.

(30)

"Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of low water-using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water-using plants the range is 0.7 to 1.0.

(31)

"Rain sensing device" means a system which automatically shuts off the irrigation system when it rains.

(32)

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

(33)

"Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

(34)

"Recycled water, reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation; not intended for human consumption.

(35)

"Reference evapotranspiration" or "ETO" means a standard measurement of environmental parameters which affect the water use of plants. ETO is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

(36)

"Rehabilitated landscape" means any relandscaping project that requires a permit.

(37)

"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

(38)

"Soil moisture sensing device" means a device that measures the amount of water in the soil.

(39)

"Soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil.

(40)

"Sprinkler head" means a device which sprays water through a nozzle.

(41)

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

(42)

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

(43)

"Turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

(44)

"Valve" means a device used to control the flow of water in the irrigation system.

(45)

"Water conservation concept statement" means a one-page checklist and a narrative summary of the project.

(Ord. No. 2012, § 1, 9-22-2015)

17.85.040 - New or rehabilitated landscapes.

A.

Applicability.

(1)

Except as provided in Section 17.85.040(A)(3), this chapter shall apply to:

a.

New construction and rehabilitated landscapes for each single lot commercial and/or industrial project with a landscape area equal to or greater than two thousand five hundred square feet and requires a building

permit, plan check or design review.

b.

New construction and rehabilitated landscapes which are developer-installed in single-family or multi-family project with a landscape area equal to or greater than two thousand five hundred square feet as measured on each finished lot without cumulative consideration and requiring a building permit, plan check, or design review.

c.

New construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than five thousand square feet as measured on each finished lot without cumulative consideration and requiring a building permit, plan check or design review.

d.

Existing landscapes limited to Section 17.85.050 and/or any other lands or projects that the county specifically identifies.

(2)

Projects subject to this section shall conform to the provisions in Section 17.85.040.

(3)

This section shall not apply to:

a.

Registered historical sites;

b.

Ecological restoration projects that do not require a permanent irrigation system;

c.

Mined-land reclamation projects that do not require a permanent irrigation system; or

d.

Plant collections, as part of botanical gardens and arboretums open to the public.

B.

Landscape Documentation Package.

(1)

When a the landscape documentation package is required to be submitted as indicated by the projects applicability in Subsection 17.85.040A(1) and (2), it will be reviewed for completeness by the planning department. If required this document package may be submitted with a building permit, plan check and/or design review application to the appropriate permitting county department.

(2)

A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager.

(3)

A copy of the water conservation concept statement and the certificate of substantial completion shall be sent by the project manager to the local retail water purveyor.

(4)

The landscape documentation package may include the following elements, but is not limited to:

(a)

Project information;

1.

Date.

2.

Project applicant.

3.

Project address (if available, parcel and/or lot number(s)).

4.

Total landscape area (square feet).

5.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

6.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

7.

Checklist of all documents in landscape documentation package.

8.

Project contacts to include contact information for the project applicant and property owner.

9.

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."

(b)

Water Efficient Landscape Worksheet:

1.

Hydrazone information table;

2.

Water budget calculations including Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU);

3.

Soil management report;

4.

Landscape design plan;

5.

Irrigation design plan; and

6.

Grading design plan.

(5)

If effective precipitation is included in the calculation of the estimated total water use, then an effective precipitation disclosure statement from the landscape professional and the property owner shall be submitted with the landscape documentation package.

C.

Elements of Landscape Documentation Package.

(1)

Water Conservation Concept Statement. When required each landscape documentation package shall include a cover sheet, referred to as the water conservation concept statement. It serves as a check list to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project.

(2)

The Maximum Applied Water Allowance.

a.

A project's maximum applied water allowance shall be calculated using the following formula:

MAWA = (ETO) (0.8) (LA) (0.62) where:

MAWA = Maximum applied water allowance (gallons per year)

Eto = Reference evapotranspiration (inches per year)

0.8 = ET adjustment factor

LA = Landscaped area (square feet)

0.62 = Conversion factor (to gallons per square foot)

b.

The ETO for Tehama County is 54.74.

c.

Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and may require water in addition to the maximum applied water allowance. A statement shall be included with the landscape design plan, designating recreational areas to be used for such purposes and specifying any needed amount of additional water above the maximum applied water allowance.

(3)

Estimated Applied Water Use.

a.

When required the estimated applied water use shall not exceed the maximum applied water allowance.

b.

When required a calculation of the estimated applied water use shall be submitted with the landscape documentation package. It may be calculated by summing the amount of water recommended in the irrigation schedule.

(4)

Estimated Total Water Use.

a.

When required a calculation of the estimated total water use shall be submitted with the landscape documentation package. The estimated total water use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation (not to exceed twenty-five percent of the local annual mean precipitation) or may be calculated from a formula such as the following:

The estimated total water use for the entire landscaped area equals the sum of the estimated water use of all hydrozones in that landscaped area.

EWU (hydrazone) = (Eta) (PF) (HA) (.62)(1E)

EWU (hydrazone) = Estimated water use (gallons per year) Eta = Conversion factor

IE = Irrigation efficiency

b.

If the estimated total water use is greater than the estimated applied water use due to precipitation being included as a source of water, an effective precipitation disclosure statement shall be included in the landscape documentation package.

(5)

Landscape Design Plan. When required a landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package:

a.

Plant Selection and Grouping.

1.

Any plants may be used in the landscape, providing the estimated applied water use recommended does not exceed the maximum applied water allowance and that the plants meet the specifications set forth in subsections (C)(5)2, 3, and 4.

2.

Plants having similar water use shall be grouped together in distinct hydrozones.

3.

Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is

encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter.

4.

Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from local fire departments or the California Department of Forestry.

b.

Water Features.

1.

Recirculating water shall be used for decorative water features.

2.

Pool and spa covers are encouraged.

c.

Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies:

1.

Designation of hydrozones.

2.

Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.

3.

Property lines and street names.

4.

Streets, driveways, walkways, and other paved areas.

5.

Pools, ponds, water features, fences, and retaining walls.

6.

Existing and proposed buildings and structures including elevation if applicable.

Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain.

8.

Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details.

9.

A calculation of the total landscaped area.

10.

Designation of recreational areas.

(6)

Irrigation Design Plan. When required an irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package:

a.

Irrigation Design Criteria.

1.

Runoff and Overspray.

(i)

Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

(ii)

Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips.

(iii)

No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide.

2.

Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet

or exceed 0.625 efficiency.

3.

Equipment.

(i)

Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than 5,000 square feet.

(ii)

Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

(iii)

Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

(iv)

Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

(v)

Rain Sensing Override Devices. Rain sensing override devices shall be required on all irrigation systems.

(vi)

Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.

b.

Recycled Water.

1.

When required the installation of recycled water irrigation systems (dual distribution systems) shall be installed to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following subsection (6)b.2.

2.

Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be

available in the foreseeable future.

3.

The recycled water irrigation systems shall be designed and operated in accordance with all focal and state codes.

c.

Irrigation Design Plan Specifications.

1.

Irrigation systems shall be designed to be consistent with hydrozones.

2.

The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan described in subsection 17.85.040(C)(5)c.

3.

The irrigation design plan shall accurately and clearly identify:

(i)

Location and size of separate water meters for the landscape.

(ii)

Location, type, and size of all components of the irrigation systems, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.

(iii)

Static water pressure at the point of connection to the public water supply.

(iv)

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.

(v)

Recycled water irrigation systems as specified in the Section 17.85.040(C)(4)b.

(7)

Irrigation Schedules. When required the Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape documentation package:

a.

An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas.

b.

The irrigation schedule shall:

1.

Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and

2.

Provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.

c.

The total amount of water for the project shall include water designated in the estimated total water use calculation plus water needed for any water features, which shall be considered as a high water using hydrazone.

d.

Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the maximum applied water allowance because of high plant factors (but not due to irrigation inefficiency).

e.

Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates.

f.

Whenever possible, landscape irrigation shall be scheduled between two a.m. and ten a.m. to avoid irrigating during times of high wind or high temperature.

(8)

Maintenance Schedules. When required a regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package:

a.

Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas.

b.

Whenever possible, repair or irrigation equipment shall be done with the originally specified materials or their equivalents.

(9)

Landscape Irrigation Audit Schedules. When required a schedule of landscape irrigation audits, for all but single-family residences, satisfying the following conditions shall be submitted to the County as part of the landscape documentation package.

a.

At a minimum, audits shall be in accordance with this chapter or the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 [formerly Master Auditor Training]).

b.

The schedule shall provide for landscape irrigation audits to be conducted by a certified landscape irrigation auditor and/or an individual authorized by the city.

(10)

Grading Design Plan. When required a grading design plans satisfying the following conditions shall be submitted as part of the landscape documentation package:

a.

A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan.

b.

The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height or graded slopes, drainage patterns, pad elevations, and finish grade.

(11)

Soils.

a.

When required a soil analysis satisfying the following conditions shall be submitted as part of the landscape documentation package:

1.

Determination of soil texture, indicating the percentage of organic matter.

2.

An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables.) A range of infiltration rates shall be noted where appropriate.

3.

Measure of pH, and total soluble salts.

b.

A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).

d.

For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

e.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(12)

Certification.

a.

The certificate of completion is automaticity granted with the [finalizing] of the permit by the authorized agency.

(13)

Public Education.

a.

Publications.

(i)

Local agencies shall provide information to owners of all new, single-family residential homes regarding the design, installation, and maintenance of water efficient landscapes.

(ii)

Information about the efficient use of landscape water shall be provided to water users throughout the community.

b.

Model Homes. At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information the principles of water efficient landscapes described in this chapter.

(i)

Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment and others which contribute to the overall water efficient theme.

(ii)

Information shall be provided about designing, installing, and maintaining water efficient landscapes.

(Ord. No. 2012, § 1, 9-22-2015; Ord. No. 2114, § 3.C., 12-21-2021)

A.

Water Management. All existing landscaped areas to which the county provides water that are one acre or more, including golf courses, green belts, common areas, multifamily housing, businesses, parks, cemeteries, and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum, the audit shall be in accordance with this chapter or the California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook, Dept. of Water Resources, Water Conservation Office (June 1990) version 5.5.)

(1)

If the project's water bills indicate that they are using less than or equal to the maximum applied water allowance for that project site, an audit shall not be required.

(2)

Recognition of projects that stay within the maximum applied water allowance is encouraged.

B.

Water Waste Prevention. The county shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Penalties for violation of these prohibitions shall be established locally.

(Ord. No. 2012, § 1, 9-22-2015)

If effective precipitation is included in the calculation of the estimated total water use, an effective precipitation disclosure statement (similar to the following sample effective precipitation disclosure statement) shall be completed, signed, and submitted with the landscape documentation package. No more than twenty-five percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the estimated total water use.

(Ord. No. 2012, § 1, 9-22-2015)

Chapter 17.86 - OCCUPANCY OF TRAVEL TRAILERS AND RECREATIONAL VEHICLES[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 2068, §§ 1—3, adopted Oct. 30, 2018, repealed and reenacted Ch. 17.86 to read as set out herein. Former Ch. 17.86, §§ 17.86.010—17.86.150 pertained to similar subject matter and derived from Ord. No. 2015, § 1, adopted Oct. 20, 2015.

A.

The purpose of this chapter is to regulate the occupancy of travel trailers and recreational vehicles within the unincorporated areas of Tehama County, subject to the conditions set forth herein.

(Ord. No. 2068, § 1, 10-30-2018)

For the purpose of this chapter the following definitions shall apply:

A.

"Place of human habitation" shall mean 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.

B.

"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.

C.

"Recreational vehicle" means a vehicle as defined in Chapter 15.28.040.

D.

"Travel trailer" means any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting it from place to place, whether by motive power or other means, or from which such wheels have been removed, and designed to provide facilities for human habitation or camping purposes, or for carrying persons or property, including but not limited to a camper, trailer, motor home, house car or trailer coach. "Travel trailer" shall not include a mobile home regulated by Section 15.28.

E.

"Camping" shall mean the occupancy of a lot or parcel for a twenty-four-hour period or longer, for living sleeping and/or sanitation, within temporary structures such as tents, canopies, tarps, or other shelters.

(Ord. No. 2068, § 1, 10-30-2018)

No person shall occupy as a place of human habitation any travel trailer or recreational vehicle for thirty or more days in a three hundred sixty-five day period. Placement or human habitation of a travel trailer or recreational vehicle for more than thirty days shall require a temporary occupancy permit by obtaining an administrative use permit from the planning department.

(Ord. No. 2068, § 1, 10-30-2018)

A temporary occupancy permit for human habitation of a travel trailer or recreational vehicle shall be issued by the planning department only upon an administrative use permit application and payment of the fee and upon a finding and determination by the director of planning that the placement of a travel trailer/RV substantially complies with the standards specified herein including all applicable state statutes and county ordinances.

(Ord. No. 2068, § 1, 10-30-2018)

All of the following conditions must be satisfied before the director of planning will issue an administrative use permit for the temporary occupancy of any travel trailer or recreational vehicle for up to sixty days:

A.

The proposed location for placement of a travel trailer or recreational vehicle must comply with all applicable provisions of the Tehama County Zoning Code and other applicable ordinances.

B.

The premises must have a residential structure or manufactured home on a permitted foundation system for which a final certificate of occupancy has been issued in accordance with Title 15 of the Tehama County Code, or a building permit for such a structure or manufactured home must have been issued and not expired.

C.

The travel trailer or recreational vehicle shall not be placed on a permanent foundation and no more than one such vehicle may be permitted on the premises.

D.

No permanent power may be permitted in association with the temporary occupancy permit for the recreational vehicle or travel trailer.

E.

The location of the travel trailer or recreational vehicle shall be kept free of litter, trash, and debris at all times. Any and all waste generated from the occupant(s) of the travel trailer or recreational vehicle shall be removed from public view daily and stored in a county approved device.

F.

All waste discharges are to be done at a facility approved by Tehama County.

G.

There shall be no lease, financing, payment, and/or rental involving the occupancy of the travel trailer or recreational vehicle.

H.

There shall be no business conducted from or out of the travel trailer or recreational vehicle.

I.

The applicant shall submit a site plan for RV parking to the planning department, building department, environmental health department, Tehama County Fire Department and the public works department which shall include the following:

i.

Parking area for the travel trailer or recreational vehicle;

ii.

Location of septic tank or other legal sewer utility;

iii.

Location of leach field;

iv.

Location for the sewer hookup and clean out for the travel trailer or recreational vehicle;

v.

Location of potable water connection;

vi.

Location of any nearby structures and their distances if closer than one hundred feet to the proposed location of the travel trailer or recreational vehicle;

vii.

Applicant shall provide a diagram or floorplan of the travel trailer or recreational vehicle visually depicting the layout of the enclosed spaces, which may include tables, counters, sinks, water closets, cooking devices, sleep quarters, etc.;

viii.

Applicant shall state what types of fuel fired or electrical heating devices will be utilized with the travel trailer or recreational vehicle;

ix.

Location of enclosed trash and recycling receptacles for the occupant(s) of the travel trailer or recreational vehicle;

x.

Identify the distances from the proposed travel trailer or recreational vehicle to adjacent property lines.

J.

The location of the travel trailer or recreational vehicle must be at least ten feet from any other structures, at least fifty feet from the centerline of a road or twenty feet from the front property line (whichever is more) and twenty feet from any other property line.

K.

The applicant must either own the property or have notarized permission from the owner(s) to use the premises for this purpose.

L.

The applicant shall cover all costs associated with the removal expense of the travel trailer or recreational vehicle and shall grant Tehama County the right to remove the travel trailer or recreational vehicle, and to store it at the sole cost and expense of the applicant, upon expiration or revocation of the permit.

M.

Any additional and supplemental information which the planning department, department of public works, department of environmental health, department of building and safety, and Tehama County Fire Department determines is reasonably necessary to process the application.

N.

The Tehama County Environmental Health Certification and approval for any wells and or septic system identified on the site plan shall be provided in writing and submitted with the site plan prior to the placement and occupancy of the travel trailer or recreational vehicle.

(Ord. No. 2068, § 1, 10-30-2018)

Camping shall only be permitted as per the zoned districts identified in Chapter 17 related to Agri-tourism, Chapter 17.81.

(Ord. No. 2068, § 1, 10-30-2018)

The planning director may grant an exception to Chapter 17.86 for the temporary placement of a registered recreational vehicle or travel trailer for human habitation for an active seasonal livestock operation on agricultural zoned land not to exceed six months in a three hundred sixty-five day period.

(Ord. No. 2068, § 1, 10-30-2018)

All travel trailers or recreational vehicles may be placed on site during construction as per the zoning code Section 17.08.010 and the building and construction code, Section 15.28.080.

(Ord. No. 2068, § 1, 10-30-2018)

17.86.090 - Reserved. 17.86.100 - Permit; revocation, modification, suspension.

A.

Any temporary occupancy with an administrative use permit issued pursuant to Section 17.86.030, may be suspended or revoked by the director of planning, as defined in Section 10.16.030, for violation of the provisions of this chapter or of any terms or conditions attached to the permit and pursuant to the requirements prescribed in Chapter 10.16 of this code. The director of planning shall commence suspension or revocation proceedings if any of the following conditions exist:

i.

The director of environmental health 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.

ii.

The director of planning determines that a condition of the temporary occupancy permit is being violated or that there exist any grounds that would have been cause for denial of the permit application.

(Ord. No. 2068, § 1, 10-30-2018)

Recreational vehicles or travel trailers may be stored on property with an existing residence provided that the travel trailer or recreational vehicle is stored in the following manner:

A.

Disconnected from all fuel, gas, water and sewage disposal system;

B.

That the placement of such recreational vehicle(s) or travel trailer(s) shall comply with the minimum setback of five feet on side yards and twenty feet in front yards and five feet on rear yards;

C.

Storage of the recreational vehicle or travel trailer shall remain in a condition as required for moving on a public road, except that stabilization devices may be used to prevent damage;

D.

No recreational vehicle or travel trailer that has been declared by the environmental health department as salvage or substandard shall be allowed to be placed in dead storage pursuant to this section.

(Ord. No. 2068, § 1, 10-30-2018)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Any travel trailer or recreational vehicle placed or occupied 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. 2068, § 1, 10-30-2018)

The board of supervisors may by resolution establish a fee for the processing and determination of a temporary occupancy permit.

(Ord. No. 2068, § 1, 10-30-2018)

All presently existing nonconforming occupied recreational vehicles or travel trailers may continue to be used at their present location from the effective date of the ordinance amendment of this chapter provided that such nonconforming uses are in full compliance with all other provisions of this Code, State and Federal Law on the effective date. The travel trailer or recreational vehicle shall not be transferred and no structural alterations may thereafter be made, unless the said nonconforming recreational vehicles or travel trailers is brought into conformity by removal or relocation.

(Ord. No. 2068, § 1, 10-30-2018)

Chapter 17.87 - ADMINISTRATIVE PERMIT FOR LIMITED POULTRY OPERATIONS[[19]]

Footnotes:

--- ( 19 ) ---

Editor's note— Ord. No. 2016, § 28, adopted June 20, 2015, supplied provisions for Ch. 17.82. In order to preserve the numbering style of this Code, at the concurrence of the city, these provisions have been redesignated as Ch. 17.87 to read as set out herein.

The purpose of this chapter is to limit and regulate commercial poultry operations in Tehama County within the AG-1, AG-2, AG-3, AG-4, and Animal Raising Combining zoning districts, where such operations maintain, feed, or keep, between 101 and 2,999 poultry. 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. This chapter is intended to implement the 2009-2029 Tehama County General Plan Policies LU-1.4, LU 2.2, ED-3.4, and ED-6.2.

(Ord. No. 2016, § 28(17.82.060), 10-20-2015)

17.87.020 - Administrative permit—Process.

A.

Applicants may be issued an administrative permit for commercial poultry operations keeping, feeding, or maintaining of between 101 and 2,999 poultry, on lands within the AG-1, AG-2, AG-3, AG-4, and the A; Animal Raising Combining 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, polices, codes and regulations.

D.

Administrative permits under this chapter shall be issued upon a determination by the director of planning that the 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. 2016, § 28(17.82.020), 10-20-2015)

17.87.030 - 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 final approval of the administrative permit to the planning commission.

C.

Appeal of the action by the director of planning to approve or deny an administrative permit under this chapter 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. Failure to appeal to the planning commission and thereafter the board of supervisors shall be construed as a failure to exhaust administrative remedies.

(Ord. No. 2016, § 28(17.82.030), 10-20-2015)

17.87.040 - Administrative permit—Time limits.

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, without further action by the director of planning, the administrative permit granted shall be 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. 2016, § 28(17.82.040), 10-20-2015)

An administrative permit may be issued under this chapter for the following use:

A.

The keeping, feeding, or maintaining of between one hundred and one and two thousand nine hundred ninety-nine poultry, on lands within the AG-1, AG-2, AG-3, AG-4, and the A; Animal Raising Combining zoning districts, for the purpose of hatching, raising, butchering, or marketing, of said animals or animal products, in accordance with the development standards established by this chapter, shall be permitted.

(Ord. No. 2016, § 28(17.82.050), 10-20-2015)

17.87.060 - Administrative permit—Development and performance standards.

Any person keeping, feeding, or maintaining of between one hundred and one and two thousand nine hundred ninety-nine, poultry, as permitted under this chapter shall comply with the following standards:

A.

The primary use of the parcel on which the use 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 under this chapter may constitute the primary commercial agricultural production use of the property.

B.

The amount of land allowed for the permanent physical improvements (infrastructure and structural improvements) related to any use or activity land area. Permanent physical improvements do not include other permitted uses allowed by the district wherein the proposed use is located. If the permitted use or activity is conducted 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 ten acres cumulative physical improvement allowed on all of the parcels combined.

C.

The use shall not employ more than ten 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 other agricultural operations taking place on the project parcel. 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 the neighbors or public.

D.

Permitted uses or activities shall be limited to the parcel or parcels identified in the application.

E.

Uses confining poultry shall fully comply with the requirements of The Prevention of Farm Animals Cruelty Act of 2008, Health and Safety Code § 25990 et seq.

F.

The use or activity shall have adequate provisions for potable water as determined by the Tehama County Department of Environmental Health.

G.

The use or activity shall have adequate on-site parking for all employees.

H.

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.

I.

Reserved.

J.

If the use or activity generates more than fifteen 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 full 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 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 applicant'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 use, unless said maintenance is taken over the 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.

K.

All uses or activities shall comply with the following general standards:

1.

The applicant shall submit a plan demonstrating best practices in the management of supplemental feeds, manure, bedding and nesting materials to lessen any potential adverse impacts that the operation might have on neighbors or the larger community and ensure that the operation is not likely to become a nuisance to surrounding property owners or the community and that no health and safety problems will arises due to its operation. The plan shall describe policies and procedures that:

i.

Regulate, control or prohibit the accumulation of manure.

ii.

Prevent accumulation of spoiled feed or vegetable matter in which fly larvae exist or any accumulation of filth or sources of foulness hazardous to health or comfort of people.

iii.

Prevent pollutants, drainage, and storm water, from entering the creeks, streams, drainage ditches or groundwater supplies.

iv.

Prohibit any nuisance, offensive matter, foul or noxious odors.

v.

Ensure that stray birds do not trespass onto adjacent public rights-of-way or private lands.

2.

For confined and free range, and/or caged free poultry operations, maintain a setback of no less than five hundred feet from any building permitted for human occupancy.

L.

In the event that a use or activity permitted hereunder is proposed in an area where applications of

pesticide may occur, the director of planning shall consider during the project review process the location of the use or activity. The permitted location shall include no less than five hundred feet setback from the property line to provide an adequate buffer between the use or activity and any application of a pesticide.

M.

Phased projects that would ultimately result in the maintaining, feeding, or keeping, of more than two thousand nine hundred ninety-nine poultry do not qualify for an administrative use permit and must obtain a use permit pursuant to Chapter 17.70.

(Ord. No. 2016, § 28(17.82.060), 10-20-2015)

Chapter 17.88 - WEDDINGS, EVENT VENUES AND WINERIES

Sections:

This section establishes a permit process and standards for development and operation of special event facilities on private property, accessory to an owner's primary residence or business, applicable to the zones identified below. These provisions are necessary to reduce or avoid impacts to surrounding properties so that special event facilities do not result in an incompatible land use. The limitation of size, scale and design of venue serve to protect surrounding agriculture operations and residences. These

standards shall provide opportunity for economic development of local agriculture with regard to wineries and weddings by encouraging the development and expansion of wineries and special event venues in suitable locations.

(Ord. No. 2072, § 1, 12-4-2018)

"Winery" means an agricultural processing facility that produces wine from fruit or fruit juices through fermentation or the refermenting of still wine into sparkling wine, that is bonded through the Alcohol, Tobacco Tax and Trade Bureau, and that has a current California Alcohol Beverage Control (ABC) Type 2 Winegrower's License.

"Commercial Vineyard" means a vineyard capable of producing a commercial crop, over 100 gallons.

"Special event" A special event is a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending a special event. Uses that are accessory to a single family residential use including private parties, gatherings and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event and are not regulated under this section.

"Event facility" A facility where special events are permitted under this section. Event facilities are subject to a use agreement between a private group or individual and the facility owner. Facilities may operate entirely within a structure, outside of a structure, or both inside and outside a structure. The facility must include improvements to accommodate special events, including access and circulation improvements, parking area, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.

(Ord. No. 2072, § 1, 12-4-2018)

17.88.030 - Administrative use permit process.

A.

Applicants may apply for an administrative use permit for wineries, weddings and events on lands within the AG-1, AG-2, AG-3, AG-4, and residential zoned districts, ten acres or more, if such use is consistent with the administrative use permit application requirements and administrative use permit standards and criteria set forth in this chapter. In the event that the proposed use or activity does not meet 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 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.

C.

Prior to issuance of any administrative use 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 use permits under this chapter shall be issued upon a determination by the director of planning that the wedding and event use described in the application for the permit and the plans submitted with the application shall conform to the requirements of this chapter and other applicable laws, regulations, and ordinances, and that the fee has been paid.

(Ord. No. 2072, § 1, 12-4-2018)

17.88.040 - Notice and appeals.

A.

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.

B.

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 to approve or deny the administrative use permit. 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. 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.

C.

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 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 use permit shall be final.

(Ord. No. 2072, § 1, 12-4-2018)

17.88.060 - Event venues—Development and performance standards.

A.

Any weddings, special event or winery use or activity permitted under this chapter shall comply with the following operation and development standards:

1.

Event Management Plan. Owner/operator shall maintain an event management plan that includes but is not limited to all applicable conditions of approval, approved administrative use permit and plot plan, traffic management plan, exhibit map showing all closest surrounding sensitive receptors, and all other operational limitations. A copy of the management plan shall be provided to the planning department and must be available for on-site inspection at all times.

2.

Noise Control. Noise shall never create nuisance for any sensitive receptor. Outdoor amplified music and speech shall not be allowed after 10:00 p.m.

3.

Traffic and Circulation. The administrative use permit shall include a traffic management plan. The traffic management plan shall be approved for traffic safety by the department of public works. The traffic management plan shall include the following requirements and standards:

i.

Approved access conforming to county improvement standards as determined by the public works department.

ii.

Adequate ingress and egress shall be provided for all emergency vehicles to the satisfaction of the Tehama County Fire Department and Public Works Department.

iii.

A traffic control plan to ensure an orderly and safe arrival, parking and departure of all vehicles and to ensure that traffic will not back-up or block private easements, county roads, intersections, or private driveways.

iv.

A parking attendant(s) for large events over two hundred guests shall direct traffic into the facility and towards available parking during the arrival of guests. Attendants shall direct traffic leaving the facility at the conclusion of the event.

4.

Operational Limitations. The following operational limitations apply to all special event facilities:

i.

Special event facilities shall be operated accessory to the owner's primary residence. No special event facility shall be permitted where no residential use exists on the property.

ii.

No special event facility shall be allowed to exceed an attendance level of five hundred people, last longer than two days, or as established by the administrative permit, not including set-up and take down.

iii.

Operational hours shall not exceed twleve hours per day and are limited to the hours of 9:00 a.m. and 10:00 p.m.

iv.

The planning department may grant exceptions to these hours of operation through an administrative use permit amendment.

v.

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.

vi.

Permitted uses or activities shall be limited to the parcel or parcels identified in the application.

5.

Environmental Health. Special event facility shall complete and submit an Environmental Health Checklist for each event type.

6.

Setbacks. The minimum setbacks shall be as per the zoning code for each property.

7.

Lighting. Any new exterior lighting installed related to a permitted use or activity shall be designed to illuminate the immediate vicinity and shall not shine on adjacent properties. All lighting associated with the special event shall be turned off by 11:00 p.m. Parking lot lighting may remain on for a longer period if specified under the administrative use permit.

8.

Signage. Temporary directional signs are allowed during event activities as well as slow traffic if placed outside of the county right-of-way.

9.

Dust Control. The administrative use permit shall control fugitive dust emissions. Fugitive dust emission control measures shall be approved by the Tehama County Air Pollution Control District. Fugitive dust control measures shall include Reasonably Available Control Measures (RACM). RACM's include, but are not limited to, application of dust suppressants, use of coverings or enclosures, paving, enshrouding, planting, control of vehicle speeds, and any other measure recognized by the Air Pollution Control Officer as providing equivalent dust control.

10.

Parking. All special events shall maintain parking on-site. Parking shall be one space per four seats or one space for every four person based on the maximum building occupancy, whichever is greater.

11.

Neighbor Notification. Facilities shall post a schedule of future events to their website or an annual seasonal schedule of future events. Future events and schedules shall be made available upon request. The schedule shall show days planned for events, hours of operation, and include a phone number for inquiries.

Williamson Act Contract Properties. Event facilities shall be accessory to the agricultural use and the owner's residence. Event facilities are permitted only when not requiring new permanent improvements and when not interfering with the agricultural operation and must be in compliance with the Williamson Act Contract.

(Ord. No. 2072, § 1, 12-4-2018)

An administrative use permit may be issued under this chapter for the following uses:

A.

A winery use or activity shall meet all of the following requirements:

1.

The winery operation shall have a current ABC license signed by the Tehama County Sheriff.

2.

Retail sales of merchandise, art, and prepackaged food items shall only be allowed within the tasting facilities and shall not be located in a separate structure. The sale of prepackaged food items shall comply with the California Health and Safety Code and be permitted by Environmental Health. Sales of non-wine merchandise shall be subordinate to the winery's wine sales and require a Board of Equalization license.

3.

Winery shall complete and submit an Environmental Health Self Checklist prior to holding any events.

4.

The winery operation conforms to all environmental health codes, building codes, fire codes, and American Disabilities Act and other accessibility requirements.

5.

A distillery shall be bonded through the Alcohol and Tobacco Tax and Trade Bureau and have a current California ABC License. Distilleries are permitted in conjunction with a winery on the same lot.

6.

Tasting facilities shall be clearly related and subordinate to the primary operation of the bonded winery as a production facility. The primary focus of the tasting facility shall be the marketing and sale of the wine and grape or fruit products produced, vented, cellared or bottled at the winery. Snack foods that are consumed during wine tasting are allowed.

7.

Wine sales shall be limited to those produced, vented, cellared or bottled by the winery operator or grown on the winery lot or custom crushed at another facility for the winery operator, subject to the provisions of

an ABC Type 2 Winegrower's license.

8.

Marketing shall take place in tasting facilities and include any marketing activities sponsored by a winery facility intended for the promotion and sale of the winery's product. Activities of a marketing event may include but are not limited to live music, catered food, grape crushing, winemaker's dinners, releases and similar activities. All outside live music shall conclude by 10:00 p.m.

B.

Event venues are permitted within a winery operation with an administrative use permit provided all the development and performance standards are met outlined in Section 17.88.060.

(Ord. No. 2072, § 1, 12-4-2018)