§ 8107-42

A "stand alone batch plant" is a facility where, following the cessation of mining operations at, or immediately adjacent to, the site due to the exhaustion of mineral resources, pre-processed mineral materials such as cement, aggregate, recycled construction materials, and petroleum products are imported from off-site and are mixed together to create concrete or asphalt for use at construction sites. The following uses may be accessory to the batch plant operation: processing/recycling used concrete and asphalt construction materials, processing mined materials into product for a batch plant, trucking associated exclusively with the subject plant, stockpiling of materials used in the batching operation, offices and maintenance buildings and facilities for the operation.

(Add Ord. 4289—6/24/03)

8107-42.3 - Application.

To qualify as a "stand alone batch plant" under this section, a batch plant (concrete and/or asphalt):

(a)

Must be in operation as of January 1, 1999 and on that date be a legal nonconforming use, a legally permitted principal use, or a legally permitted accessory use to an approved mining operation, in the open space zone within one mile of areas designated "urban" on the general plan;

(b)

Must have received unprocessed material in the past from: (1) a mining operation that was included in the permit which authorized the plant; or (2) a legally permitted mining operation immediately adjacent to the plant and such materials are now exhausted;

(c)

Must be adjacent to or within two thousand (2,000) feet of a four-lane road that trucks have lawful access to and which have a separate left turn lane for access to the site; and

(d)

Must be within a four mile radius of four highways which are a combination of U.S. highways or state routes.

Where a conditional use permit (CUP) exists that specifically regulates the subject batch plant as a principal use, the CUP may remain in effect until the CUP expires, at which time it may be renewed pursuant to this section with a Planning Commission approved CUP. Where the batch plant is not subject to its own specific CUP, but is accessory to a permitted mining operation exhausted of mineral resources, a new CUP for the subject plant, or a modification of the mining permit to include the batch plant as a principal use, shall be applied for within one year of the adoption of Section 8107-42 et seq. Said new CUP or modification shall be subject to approval by the Planning Commission and shall specifically regulate the batch plant operations.

(Add Ord. 4289—6/24/03)

8107-42.4 - Minimum use permit standards.

Any permit approved pursuant to this section shall incorporate all applicable standards associated with mining operations found in Section 8107-9 et seq., including, but not limited to, those relating to setbacks, noise, dust, light, and truck traffic.

(Add Ord. 4289—6/24/03)

8107-43 - Boarding houses and bed and breakfast inns.

In addition to all other applicable requirements of the Non-Coastal Zoning Ordinance, boarding houses and bed and breakfast inns must be developed and operated in accordance with the following requirements:

8107-43.1 - Protection of sensitive biological habitats.

Boarding houses and bed and breakfast inns are allowed in areas zoned Open Space (O-S) only if the property is in agricultural production.

(Add Ord. 4317—3/15/05)

8107-43.2 - Owner and operator.

In areas zoned Open Space (O-S) or Agricultural Exclusive (A-E), boarding houses and bed and breakfast inns must be operated by the same person or family who owns the property on which the boarding house or bed and breakfast inn, or both, are located.

(Add Ord. 4317—3/15/05)

8107-43.3 - Number of bedrooms.

In areas zoned Rural Agriculture (R-A) or Rural Exclusive (R-E), for lots over one acre, the number of allowed bedrooms is determined by the permit required, with a maximum of ten (10) bedrooms in total.

(Add Ord. 4317—3/15/05)

8107-44 - Emergency shelters. 8107-44.1 - Purpose and application.

The purpose of this Section 8107-44 is to regulate and establish development standards for emergency shelters in compliance with Government Code section 65583(a)(4). If this Section 8107-44 conflicts with any

other provision of this Chapter, this Section 8107-44 shall prevail. If this Section 8107-44 conflicts with state law, the latter shall govern.

(Ord. No. 4641, § 4, 12-17-2024)

8107-44.2 - Type of permit approval and application requirements.

a.

An application for an emergency shelter shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any emergency shelter.

b.

An application for an emergency shelter shall include the total number of occupants, details of employee shifts, along with total number of employees, including those in the largest shift, and security personnel.

c.

The Planning Director or designee, in reviewing an application for an emergency shelter, may require the applicant to demonstrate that the requirements provided in this Section 8107-44 have been met.

(Ord. No. 4641, § 4, 12-17-2024)

8107-44.3 - Emergency shelter development and operational standards.

An emergency shelter must comply with all of the following standards:

a.

Sited within the CPD Zone;

b.

May not be established, constructed or operated in a location that is within three hundred (300) feet of the same use.

c.

Maximum Capacity:

(1)

No more than sixty (60) persons may be served nightly at the facility; and

(2)

The maximum number of beds may not exceed one (1) bed for every fifty (50) square feet of gross floor area used for sleeping purposes.

d.

On-Site Personnel Requirements: Must provide both of the following:

(1)

At least one (1) on-site property manager at all times for each twenty (20) occupants; and

(2)

At least one (1) attendant at all times for each twenty (20) occupants.

e.

Parking Requirements: Subject to Government Code section 65583(a)(4)(B)(ii), on-site parking shall be a minimum of one (1) space per employee in the largest shift.

f.

Intake and Waiting Areas:

(1)

Shall have an interior client intake area of a minimum of two hundred fifty (250) square feet.

(2)

An exterior waiting area, if provided, shall be located onsite and outside of the following: designated pedestrian areas, designated parking areas and the public right-of-way.

g.

Outdoor Lighting:

(1)

Outdoor lighting may be provided in active pedestrian areas, including sidewalks, pathways, and driveways.

(2)

All outdoor lighting shall be fully-shielded, directed downward, and not directly illuminate onto adjacent properties. This requirement for shielding applies to all light fixtures, except security lighting, which may be on motion sensor with timers.

(3)

Lighting provided for parking areas shall be consistent with Section 8108-5.12 of this Chapter.

h.

Security Personnel Required: At least one (1) security guard shall be provided during all hours of operation.

i.

Maximum Length of Stay: Occupancy for an individual may not exceed six (6) months within any 12-month period.

j.

Contact Information:

(1)

Prior to the issuance of the Zoning Clearance, the applicant shall provide the contact information for the on-site property manager(s) to the Planning Division.

(2)

If any contact information for the on-site property manager(s) should change, or the responsibility is assigned to another person, the property owner shall provide the Planning Division with the new information in writing within ten (10) calendar days of the change.

(Ord. No. 4641, § 4, 12-17-2024)