Chapter 11.05 — AGRICULTURAL DISTRICTS

The specific purpose of the agricultural districts is to support, protect, and maintain a viable, long-term agricultural sector in Yuba County.

(1)

Agriculture represents the single most important economic activity and most prevalent land use in Yuba County. Agriculture directly contributes to the local economy through job development, production, and exports.

(2)

Agricultural zoning strives to preserve productive agricultural land and the character and quality of the rural environment by scaling roads and other public facilities to meet rural needs.

(3)

Agricultural zoning districts and standards can prevent the fragmentation of farms, prevent land-use conflicts, and protect agricultural producers from nonfarm intrusion into agricultural areas. Further, they can provide a mechanism to allow for support services and uses that are necessary and/or complimentary to the long term sustainability of agricultural operations.

(4)

Agricultural zoning districts include foothill as well as valley areas of the County that are intended for intensive and/or extensive agricultural uses such as but not limited to grazing lands, livestock raising, dairies, orchards, row crops, and other types of commercial agriculture and where it is desirable to retain agriculture as the primary land use.

(5)

Exclusive Agricultural (AE). The purpose of the AE district is to:

a.

Eliminate the encroachment of land uses that are incompatible with the long term agricultural use of land.

b.

Preserve agricultural land in order to conserve the County's economic resources that are vital for a healthy agricultural economy within the County.

c.

Create standards for the AE district that maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas.

d.

Prevent the unnecessary conversion of agricultural land to urban or other uses.

(6)

Agricultural/Rural Residential (AR). The purpose of the AR district is to:

a.

Recognize parcels located within the natural resources General Plan designation that have previously been subdivided into parcels less than 20 acres in size (AR-5 and AR-10) that are predominantly utilized for very low density rural residential uses and small agricultural operations.

b.

Allows for a 20-acre minimum district (AR-20) in foothill agricultural areas where smaller parcels already exist or to serve as transition between rural community boundaries and other natural resource uses.

c.

Recognizes that these smaller agricultural parcels are a vital component of the County's overall agricultural economy by providing opportunities for specialty crops, boutique farming, and agritourism.

d.

Prevent further encroachment of residential and other incompatible uses into agricultural and natural resource areas.

e.

Serve as a transition between agricultural and natural resource lands and rural residential or urban development.

(7)

Agricultural Industrial (AI). This zone district is primarily located within the natural resource areas of the County and employment village, but is also an allowed zoning designation within rural community districts consistent with the overall purposes of the AI designation. The purpose of the AI district is to:

a.

Protect, maintain, promote, and enhance agriculture as a viable, long-term economic sector by accommodating agricultural uses or compatible industrial uses that directly support agricultural activities within the County.

b.

Create standards intended to allow most agricultural uses allowed in the AI district while also encouraging new compatible support industries and operations, and to protect agricultural and other neighboring land uses by minimizing conflicts.

(8)

Residential Estate (RE). The RE district recognizes parcels with the natural resources and rural community General Plan designations that have been subdivided into parcels less than five acres in size. The regulations pertaining to these RE designated properties is located within Chapter 11.06, Rural Communities as they have the same development requirements as RE designated properties located within rural communities.

(Ord. No. 1624)

Table 11.05.020 prescribes the land use regulations for agricultural districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

Timber processing M M P

Specific Limitations:

1. When located within an existing legally permitted single family residence.

2. Recreation and entertainment uses directly related to agricultural and natural resource uses such as but not limited to equestrian and rodeo facilities.

3. Wholesale nursery operations only.

4. Livestock and farm equipment auctions only. Limited to 2 events per year not to exceed 3 days per event. Additional events allowed through approval of a TUP.

5. Agricultural vehicles and equipment only and must be associated with on-site agricultural operation or business.

6. Copies of any easements or land development restrictions shall be submitted to the Planning Department.

7. When it will not impact on-site or adjacent agricultural operations.

(Ord. No. 1624)

Table 11.05.030, Development Regulations—Agricultural Districts, prescribes the development standards for agricultural districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code, while individual letters refer to subsections that directly follow the table. The numbers in the "#" column refer to the numbers in Figure 11.05.030: Development Regulations— Agricultural Districts.

Figure 11.05.030: Development Regulations—Agricultural Districts

==> picture [347 x 227] intentionally omitted <==

Additional development regulations.

(a)

Reduced lot area. Reduced lot area is allowed in the agricultural districts as follows:

(1)

Lot area in the AE-40 and AE-80 districts may be reduced from the required minimum lot area to allow lot lines to correspond to natural or manmade features if the Review Authority, based on information from the Agricultural Commissioner finds that the proposed parcel sizes are of adequate size and design to ensure the long term protection of agricultural resources.

(2)

To allow separation of commercial or industrial uses (i.e. creation of an agricultural industrial park) and agricultural homesteads (subject to development deed restrictions), parcel sizes of less than five acres may be created providing the resulting parcels comply with all other applicable provisions of the Yuba County Ordinance Code.

(3)

As allowed by Chapter 11.21, Clustered Development.

(b)

Density. Approved accessory dwelling units do not count towards the maximum density restrictions.

(Ord. No. 1624)

CHAPTER 11.06 - RURAL COMMUNITY DISTRICTS

The purpose of the rural community districts is to provide rural residential opportunities with supportive services and agritourism oriented uses consistent with the General Plan and as defined in any adopted rural Community Plan.

(1)

Rural Residential (RR). The purpose of the RR district is to:

a.

Allow for the appropriate development of very low density, large-lot single family homes and related uses in the rural community areas of the County.

b.

Create standards to preserve and protect the character of existing rural residential areas and ensure that future rural residential development is compatible with the surrounding community and adjacent Natural Resources designated lands.

(2)

Residential Estate (RE). The purpose of the RE district is to:

a.

Recognize parcels located within the Natural Resources and Rural Community General Plan designations that have previously been subdivided into parcels less than five acres in size that are predominantly utilized for very low density rural residential uses.

(3)

Rural Commercial (RC). This zone district is primarily located within rural communities, but is also an allowed zoning designation in the natural resource areas of the County when located along major roadways consistent with the overall purpose of the rural commercial designation. The purpose of the RC district is to:

a.

Provide for the location of commercial uses within a limited and appropriate area of a rural community.

b.

Enhance rural community identity.

c.

Create standards that increase rural residents' access to retail products and services and reduce the need for residents of remote communities to drive long distances to meet basic needs.

(Ord. No. 1624)

Table 11.06.020 prescribes the land use regulations for rural community districts.

The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

Key To Permit Requirements Principally permitted use P Conditional use permit required C

(Ord. No. 1624)

Table 11.06.030, Development Regulations—Rural Community Districts, prescribes the development standards for Rural Community Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.06.030: Development Regulations—Rural Community Districts.

Figure 11.06.030: Development Regulations—Rural Community Districts

==> picture [463 x 245] intentionally omitted <==

Additional regulations.

(a)

No further subdivision. Parcels in the RE District within the Natural Resource land use designation of the General Plan cannot be further subdivided. Parcels in the RE district located within Rural Community Boundaries may be further subdivided consistent with the County's sewage disposal and water supply requirements. No parcels less than one acre in size shall be created and average parcel size shall be consistent with other RE parcels within the Rural Community.

(b)

Sewage disposal and water supply. Parcels between one acre and two and a half acres in size shall provide either a public sewer service or water supply as determined by the Environmental Health Director. Setback requirements equivalent to those that would be required on a five-acre parcel shall apply to any parcel between one acre and two and a half acres in size that has either a well or septic system. Parcels smaller than one acre in size shall provide both a public sewer service and public water supply.

(c)

Lot width. The lot width at the primary street frontage for cul-de-sac and knuckles may be reduced to no less than 35 feet provided the minimum lot width for the zone district is met at the front yard setback line. Flag lots shall also meet the minimum lot width at the front yard setback line.

(d)

Density. Additional regulations pertaining to the maximum density allowed by zone district are as follows:

(1)

Accessory dwelling units. Where accessory dwelling units are permitted they do not count towards the maximum density restrictions of the zone district.

(2)

Rural commercial. A residential unit may be allowed on the second story of a commercial building or on the back portion of the lot. The residential unit shall be ancillary to the primary rural commercial use of the parcel.

(e)

Increased setbacks in high fire severity zone. Parcels located within a high fire severity zone shall have a minimum setback of 30 feet from all property lines. Upon written clearance from Cal Fire the setback may be reduced.

(Ord. No. 1624)

CHAPTER 11.07 - RESIDENTIAL DISTRICTS

The purpose of the residential districts is to promote healthful and convenient distribution of the County's population with sufficient densities to maintain a high standard of physical design and community service.

(1)

To provide for a variety of dwelling types and densities and to offer housing choices at various economic levels. The intent is to further establish various densities of residential developments in order to efficiently and effectively provide for necessary public services and facilities.

(2)

To provide appropriate space for those educational, religious, recreational, health, and similar facilities that serve the needs of the nearby residents and do not create objectionable impacts.

(3)

To promote stability of residential development so as to protect the character of a district and the suitability of particular uses; to conserve the values of land and buildings; and to protect the County's tax revenues.

(4)

To provide for state authorized family care homes, foster homes, group homes, and transitional/supportive housing as a residential use of property.

(5)

Residential estate (RE). The purpose of the RE district is to:

a.

Allow for larger lots within valley neighborhoods that would be conducive to the development of custom and semi-custom homes.

b.

Create standards that may allow limited numbers of horses and other livestock to be kept for noncommercial purposes.

(6)

Single family residential (RS). The purpose of the RS district is to:

a.

Allow for a mixture of housing types in a low density setting where public water and sewage facilities are available. The predominant housing type consisting of single-unit dwellings.

b.

Provide space for community facilities and neighborhood services needed to complement residential areas and for institutions which require a residential environment.

(7)

Medium density residential (RM). The purpose of the RM district is to:

a.

Allow for a diversity of housing types in a medium density setting where public water and sewage facilities are available.

b.

Provide space for community facilities and neighborhood services needed to complement residential areas and for institutions which require a residential environment.

(8)

High density residential (RH). The purpose of the RH district is to:

a.

Allow for a mixture of housing types in a high density setting.

b.

Ensure adequate light, air privacy, and open space for each dwelling unit.

c.

Provide space for community facilities and neighborhood services needed to complement residential areas and for institutions which require a residential environment.

(Ord. No. 1624)

Table 11.07.020 prescribes the land use regulations for Residential Districts.

The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

(Ord. No. 1624)

Table 11.07.030, Development Regulations—Residential Districts, prescribes the development standards for residential districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.07.030: Development Regulations—Residential Districts.

Figure 11.07.030: Development Regulations—Residential Districts

==> picture [405 x 348] intentionally omitted <==

Additional Regulations

(1)

Lot width. The lot width at the primary street frontage for cul-de-sac, knuckles, and irregular shaped lots may be reduced to no less than 35 feet provided the minimum lot width for the zone district is met at the front yard setback line. Flag lots shall also meet the minimum lot width at the front yard setback line.

(2)

Accessory dwelling units. Where accessory dwelling units are permitted they do not count towards the maximum density restrictions of the zone district.

(3)

Transitional standards. When an RH District is adjacent to an RS District, the following standards apply:

a.

The maximum height is 30 feet within 40 feet of an RS District; and

b.

The maximum height is 40 feet within 50 feet of an RS District.

Figure 11.07.030(3): Transitional Standards—Residential Districts

==> picture [405 x 163] intentionally omitted <==

(4)

Interior side yards, attached single-family dwellings. Required setbacks apply to the ends of rows of attached single-family dwellings.

(5)

Additional density. Within the Residential Estate zoning designation (within valley growth boundary) density is one-half to two units per acre. Additional density up to a maximum of four units per acre may be approved with a minor conditional use permit. In addition to the findings for use permits in Section 11.57.060, the following additional findings shall be made:

a.

The increased density will not adversely affect adjoining uses and is compatible with the existing neighborhood characteristics; and,

b.

An adequate buffer is provided between the project site and the edge of the valley growth boundary.

(Ord. No. 1624)

(a)

Residential single-family development. Residential single-family structures within the valley growth boundary shall be developed in accordance with the following standards:

(1)

Garage frontage and location.

a.

Where garage doors face a street, garage width shall not exceed 60 percent of the width of the front facade of the building.

b.

Garages with three or more doors, at least one garage front must be separated from the remaining garage fronts by at least two feet.

(2)

Driveway standards. New driveways shall be constructed to meet Public Works Standard Driveway (D/W) Plan.

a.

Width of residential D/W shall be 12' minimum and 30' maximum.

b.

Maximum of one D/W per 100 feet of lot frontage.

Figure 11.07.040(a)(1): Residential Garage Frontage and Locations

==> picture [232 x 346] intentionally omitted <==

(3)

Corner lots. Dwellings on corner lots shall include windows on any facade facing a street. No street-facing wall shall run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

Figure 11.07.040(a)(3): Residential Corner Lots

==> picture [405 x 213] intentionally omitted <==

(b)

Residential multi-family development. Each multiple family residential project with four or more dwelling units on a single lot shall be developed in accordance with the following standards:

(1)

Parking setback. Parking shall be setback 40 feet from the street facing property line except where a lesser setback is authorized with the approval of a waiver by the Zoning Administrator when all of the following findings can be made:

a.

The design incorporates habitable space built as close to the street facing property line to the maximum extent feasible;

b.

The parking area is well screened with a wall, hedge, trellis, and/or landscaping; and

c.

The site is constrained such that parking located more than 40 feet from the street frontage is not possible.

(2)

Building entrances.

a.

Orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multiple-family housing is located on fourlane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards.

b.

Projection or recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and minimum area of 50 square feet when utilized by more than one unit. Entrances used exclusively by one unit (i.e. townhouse) may be reduced to 30 square feet. Alternative designs that create a enhance entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved through the design review permit process.

Figure 11.07.040(b)(2): Multi-Family Residential Building Entrances

==> picture [405 x 204] intentionally omitted <==

(3)

Open space. Residential open space may be provided as common or private open space. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular access ways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.

a.

Amount. A combination of private and common open space shall be provided equivalent to 200 square feet/unit.

b.

Minimum dimensions. Open space shall have the following minimum dimensions in order to count towards open space requirements:

1.

Private open space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than five feet.

Common open space. Minimum dimension of 25 feet.

3.

Required setbacks and walkways not counted. Required front and street side setback areas and walkways between buildings do not count towards the minimum residential open space per unit requirements.

c.

Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface shall be a combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dustfree surfacing. Slope shall not exceed ten percent.

d.

Accessibility.

1.

Private open space. The space shall be accessible to only one residential unit by a doorway to a habitable room or hallway.

2.

Common open space. The space shall be accessible to all the residential units on the lot.

(Ord. No. 1624)

CHAPTER 11.08 - COMMERCIAL AND MIXED-USE DISTRICTS

The specific purpose of the commercial and mixed-use districts are to provide sufficient and convenient locations throughout the County for a full range of commercial uses, serving the needs of local areas, the larger community, and regional users and visitors.

(1)

Strengthen the County's economic base, and provide employment opportunities close to home for residents of the County and surrounding communities.

(2)

Create suitable environments for various types of commercial uses and protect them from the adverse effects of inharmonious uses.

(3)

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located.

(4)

Provide opportunities for appropriate residential development on the site of commercial development or on separate sites in certain commercial districts.

(5)

Ensure the provision of adequate off-street parking and loading facilities.

(6)

Provide sites for public and semi-public uses needed to complement commercial development or be compatible with a commercial environment.

(7)

General Commercial (GC). The purpose of the GC district is to:

a.

Strengthen the economic base of the County and to protect the County's tax revenues.

b.

Allow for full range of commercial uses including businesses not permitted in the CMX or EC districts because they have certain adverse impacts not conducive of a campus or mixed use commercial environment due to potential noise generation or outdoor operations.

c.

Provide the opportunity for light manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.

(8)

Commercial Mixed Use (CMX). The purpose of the CMX district is to:

a.

Allow for a full range of retail, service, and office uses to serve residents, workers and visitors within convenient locations throughout the County.

b.

Allow for a mixture of high density residential and commercial land uses located close to one another, either within a single building, on the same parcel, or on adjacent parcels.

c.

Include development standards to reduce reliance on the automobile within the project and to create pedestrian-oriented environments.

(9)

Neighborhood Mixed Use (NMX). The purpose of the NMX district is to:

a.

Develop neighborhoods that meet all of the daily needs of the residents in their community. Through "neighborhood centers," where each community can find naturally convenient locations to provide for activities and needs that create focal points for community interaction.

b.

Provide areas for small localized retail, eateries, office, and service businesses serving the immediate surrounding area.

c.

Allow for a mixture of residential uses and neighborhood services on a single parcel.

d.

Protect surrounding residential properties against congestion and inappropriate land use by locating neighborhood centers at or near intersections with at least one well-traveled roadway.

e.

Create standards that reduce the need to drive by providing everyday goods and services close to where people live and work, and by allowing for centers of neighborhood activity that support small, locally-owned businesses.

(10)

Downtown Core (DC). The purpose of the DC district is to:

a.

Foster economic investment by encouraging development that is consistent with the desired goal of a "smalltown downtown commercial district" feel by focusing regulatory efforts more heavily on building design and orientation.

b.

Provide development standards that will create an inviting pedestrian environment and incorporate "park-once" strategies.

c.

Focus development on commercial and mixed-use projects where residential uses are predominantly included only as an ancillary use, such as ground floor commercial and upper floor or rear of lot residential.

d.

Locate high density residential projects in appropriate locations.

(11)

Employment Center (EC). The purpose of the EC district is to:

a.

Encourage the attraction of a variety of uses including all office types, highly specialized and technological industries, research and experimental institutions, support facilities, business services, and support oriented hotels, retail and multi-family residential uses in a campus style environment.

b.

Develop performance standards to discourage offensive odors, noise, fumes, smoke, gases, dust, vibrations and other similar objectionable development impacts.

c.

Include development standards to reduce reliance on the automobile within the project and to create pedestrian-oriented environments.

(Ord. No. 1624)

Table 11.08.020 prescribes the land use regulations for commercial and mixed-use districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

(Ord. No. 1624)

11.08.030. - Development regulations.

Table 11.08.030, Development Regulations—Commercial and Mixed-Use Districts, prescribes the development standards for commercial and mixed-use districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.08.030: Development Regulations—Commercial and Mixed-Use Districts.

Figure 11.08.030: Development Regulations—Commercial and Mixed-Use Districts

==> picture [347 x 222] intentionally omitted <==

Additional regulations.

(a)

Density. Additional regulations pertaining to the minimum and maximum density allowed by zone district are as follows:

(1)

Commercial mixed use. When residential uses are part of a mixed use project the density range is 10-40 units per acre of portion affected. Residential only projects the density range is 18-40 units per acre.

(2)

Neighborhood mixed use. When residential uses are part of a mixed use project the density range is 3-20 units per acre of portion affected. Residential only projects the density range is 10-20 units per acre.

(3)

Downtown core. When residential uses are part of a mixed use project the density range is 8-40 units per acre. Residential only projects the density range is 20-40 units per acre.

(4)

Employment center. Residential uses are only allowed when ancillary to a primary employment use.

(5)

Reduction in minimum density requirements. A reduction in the minimum density requirement may be allowed in the NMX and DC districts when the site is already developed or the parcel is less than one acre in size, thus making it unfeasible to meet the minimum density requirement. Lower density may also be approved in the CMX, NMX, DC, and EC districts with approval of an affordable housing agreement stipulating that a minimum of 75 percent of the units will be reserved for low-income households for a minimum of 25 years.

(6)

Accessory dwelling units. Where accessory dwelling units are permitted, they do not count towards the maximum density restrictions of the zone district.

(b)

Additional height and setback requirements.

(1)

Nonresidential uses; transitional standards. Where a nonresidential use is adjacent to a residential district the following standards apply:

a.

The maximum height is:

1.

Thirty-five feet within 40 feet of a residential district;

2.

Forty-five feet within 50 feet of a residential district; and

3.

Fifty-five feet within 60 feet of a residential district.

b.

The building setback from a residential district boundary shall be 15 feet for interior side yards and 20 feet for rear yards.

Figure 11.08.030(1): Transitional Standards—Commercial and Mixed-Use Districts

==> picture [347 x 192] intentionally omitted <==

(2)

Residential uses; required side and rear yards. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows and facing an interior side or rear yard:

a.

For any wall containing windows, a setback of at least five feet shall be provided.

b.

For any wall containing bedroom or living room windows, a setback of at least ten feet shall be provided.

c.

The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.

Figure 11.08.030(2)b.: Required Side and Rear Yards—Residential Uses

==> picture [463 x 380] intentionally omitted <==

(c)

Build-to line. Buildings shall be constructed within five feet of the required setback for the percent of linear street frontage identified in Table 11.08.030. The area between the building and property line shall be paved so that it functions as a wider public sidewalk, landscaped, or improved with pedestrian amenities. This requirement may be modified or waived by the Zoning Administrator if:

(1)

Substantial landscaping is located between the build-to line and ground floor residential units to soften visual impact of buildings;

(2)

Entry courtyards, plazas, entries, or outdoor eating and display areas are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; or

(3)

The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

(d)

Residential open space. Residential open space may be provided as common or private open space. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular access ways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.

(1)

Minimum dimensions. Open space shall have the following minimum dimensions in order to count toward open space requirements:

a.

Private open space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than five feet.

b.

Common open space. Minimum dimension of 25 feet.

c.

Required setbacks and walkways not counted. Required front and streetside setback areas and walkways between buildings do not count towards the minimum residential open space per unit requirements.

(2)

Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

(3)

Accessibility.

a.

Private open space. The space shall be accessible to only one residential unit by a doorway to a habitable room or hallway.

b.

Common open space. The space shall be accessible to the residential units on the lot.

(Ord. No. 1624)

The following supplemental regulations apply to development projects within the valley growth boundary:

(1)

Maximum block length. Block lengths shall not exceed 450 feet unless a mid-block pedestrian connection is provided then block lengths of up to 600 feet are allowed. This interval does not apply to development areas that are adjacent to limited access highways, freeways, expressways or other areas where physical constraints or land use compatibility make connectivity infeasible or undesirable:

(2)

Building orientation and entrances.

a.

Buildings shall be oriented to face public streets.

b.

Building frontages should be generally parallel to streets, and the primary building entrances shall be located on a public street or public plaza.

c.

Building entrances shall be emphasized with special architectural and landscape treatments.

d.

Entrances located at corners shall generally be located at a 45 degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk.

e.

Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

Figure 11.08.040(2): Commercial and Mixed-Use Building Orientation and Entrances

==> picture [290 x 221] intentionally omitted <==

(3)

Building transparency; required openings for non-residential uses in the CMX, NMX, and DC districts. Exterior walls facing and within ten feet of a front or street side property line shall include windows, doors, or other openings for at least 60 percent of the building wall area in the NMX and DC districts and 40 percent in the CMX District located between three and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without an opening or minimum of a three foot deviation in the horizontal wall plane for a minimum distance of eight feet.

a.

Design of required openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions for parking garages. Multi-level garages are not required to meet the building transparency requirement of this Subsection.

c.

Alternatives through design review. Alternatives to the building transparency requirement may be approved if the decision-making authority finds that:

1.

The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

2.

Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

Figure 11.08.040(3): Commercial and Mixed-Use Building Transparency

==> picture [463 x 113] intentionally omitted <==

(4)

Pedestrian access. On-site pedestrian circulation and access must be provided according to the following standards:

a.

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to onsite automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

To circulation network. Within the valley growth boundary, regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk.

c.

To neighbors. Within the valley growth boundary, direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

(5)

Employment center (zone district). The 2030 General Plan identified property along the Highway 65 corridor as Employment Village to meet the future employment and housing needs of the County. The majority of the area designated as Employment Village in the General Plan is currently in agriculture or agricultural industrial uses. The employment center zone district along with the 2030 General Plan policies establish the framework to allow this area to move from agricultural to more intensive urban levels of employment. Therefore, no development may occur within the EC District or any future EC District prior to the approval of a master plan. The master plan will serve as a comprehensive program that identifies the parameters and standards for the uses, design, and maintenance of all land within the EC District. The following provisions shall be incorporated into the conditional use permit or imposed as conditions of approval:

a.

Land uses. A mix of primary land uses consistent with the allowances in Table 11.08.020: Land Use Regulations —Commercial and Mixed Use Districts. Retail, services, and workforce housing (and mixed-use with housing) may be permitted if they are ancillary to the primary employment generating uses.

b.

Circulation system. A circulation system to form convenient and safe access to serve the primary employmentgenerating uses. Mixed-use and residential areas shall provide relatively short block lengths and continuity of streets in order to facilitate convenient pedestrian, bicycle, and vehicle movement.

(Ord. No. 1624)

CHAPTER 11.09 - INDUSTRIAL DISTRICTS

The purpose of the industrial districts is to provide for the development of varied industrial uses that would supply needed employment opportunities for the County.

(1)

Industrial development has inherent characteristics that require special attention and protection. Consideration must be given to industrial needs for adequate site locations with regard to: terrain, parcel size, availability of water and sewer systems, transportation, and compatibility with surrounding development.

(2)

Industrial commercial (IC). The purpose of the IC district is to be applied to property designated as industrial/commercial pursuant to Measure R (Yuba County Raceway) which can be used for, or proposed to be used for, a mix of light industrial and commercial uses which are compatible with the uses to be developed in the adjacent sports/entertainment district.

(3)

General industrial (IG). The purpose of the IG district is to:

a.

Reserve appropriately located areas for industrial plants and related activities; including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, or noise at levels that would affect surrounding uses.

b.

Protect areas appropriate for industrial use from intrusion by residential dwellings and other conflicting uses.

c.

Limited amounts of ancillary retail areas are permitted for the sale and or display of products manufactured onsite.

(4)

Light industrial (IL). The purpose of the IL district is to:

a.

Provide for compatible land uses in areas of close proximity to residential areas and less intense commercial areas.

b.

Allow for light industrial and service commercial uses with limited potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas. Uses may include ancillary retail areas for the sale of products manufactured on-site.

c.

Allow opportunity for other types of industrial uses by providing discretionary and conditional approval of proposed industrial land uses where impacts to adjacent uses can be mitigated.

d.

Provide opportunities for industrial projects in a campus like environment where limited amounts of retail, services, restaurants and public/quasi-public uses are permitted to serve on-site employees.

(Ord. No. 1624)

Table 11.09.020 prescribes the land use regulations for industrial districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

(Ord. No. 1624)

Table 11.09.030, Development Regulations—Industrial Districts, prescribes the development standards for industrial districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.09.030: Development Regulations—Industrial Districts.

Figure 11.09.030: Development Regulations—Industrial Districts

==> picture [347 x 259] intentionally omitted <==

Additional Regulations

(1)

Transitional standards. Where an industrial district is adjacent to a residential district or neighborhood mixed use district with existing residential uses, the following standards apply:

a.

The maximum height is:

1.

Thirty feet within 40 feet of a residential district or neighborhood mixed use district with existing residential uses;

2.

Forty feet within 50 feet of a residential district or neighborhood mixed use district with existing residential uses; and

3.

Fifty feet within 100 feet of a residential district or neighborhood mixed use district with existing residential uses.

b.

The building setback from a residential district boundary shall be 15 feet for interior side yards and 20 feet for rear yards.

(2)

Accessory dwelling units. Where accessory dwelling units are permitted, they do not count towards the maximum density restrictions of the zone district.

Figure 11.09.030(1): Transitional Standards—Industrial Districts

==> picture [347 x 180] intentionally omitted <==

(Ord. No. 1624)

CHAPTER 11.10 - SPECIAL PURPOSE DISTRICTS

Special purpose zoning districts are established to accommodate unique uses or development types or to address special development conditions.

(1)

Special purpose zoning districts are base zoning districts intended for a very specific application such as but not limited to public facilities.

(2)

Public Facilities (PF). The purpose of the PF district is to:

a.

Provide for the location of properties which are used for, or are proposed to be used for public purposes or for specified public utility purposes.

b.

Allow for quasi-public facilities that serve County residents and visitors and enhance the quality of life within the County.

(3)

Plan Area: Specific Plan (SP) or Community Plan (CP). The purpose of the SP and CP districts are to:

a.

Identify the opportunity to create specific plans and/or community plans within the County, along with the requirements and process for review and action.

b.

As provided in this title, specific plans and community plans function as unique base zoning district(s) for purposes of master planning areas of the County due to unique conditions, issues, goals, needs, or other factors.

c.

Any future specific plans or community plans shall be consistent with the County's General Plan and relevant state law.

(4)

Sports and Entertainment (SE). The purpose of the SE district is to:

a.

Regulate the allowable uses of the property designated as sports/entertainment pursuant to Measure R.

b.

Regulate allowable uses of the raceway and flea market on Simpson Lane.

c.

Provide for the development of a sports and entertainment district.

d.

The development of ancillary and supportive uses that will enhance the function and sustainability of the primary entertainment venues and facilities may be permitted.

(Ord. No. 1624)

Table 11.10.020 prescribes the land use regulations for special purpose districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

(Ord. No. 1624)

Table 11.10.030, Development Regulations—Special Purpose Districts, prescribes the development standards for public facilities and sports and entertainment districts. Additional regulations are denoted in the right-hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.10.030: Development Regulations—Special Purpose Districts. Development Regulations for SP and CP districts are established in the applicable Specific Plan or Community Plan.

Figure 11.10.030: Development Regulations—Special Purpose Districts

==> picture [347 x 269] intentionally omitted <==

(Ord. No. 1624)

(a)

Highway 65 Sports and entertainment district. Development of the SE designated property located along the west side of Highway 65 shall meet all requirements stipulated within Measure R, any requirements stipulated in current or future adopted memorandum of agreements or development agreements with the County, and any associated environmental documents for development within the Highway 65 SE district.

(Ord. No. 1624)

CHAPTER 11.11 - NATURAL RESOURCE DISTRICTS

The primary purpose of the natural resource districts is to designate areas suitable for natural resource uses, to prevent the encroachment of incompatible uses into natural resource lands, and to prevent the premature conversion of such lands to non-resource uses. Natural resource uses include, but are not limited to: natural habitat, watersheds, scenic resources, cultural resources, recreational amenities, agricultural lands, forest resources, wetlands, woodlands, and minerals.

(1)

The standards are intended to define and conserve selected natural resources by minimizing adverse impacts to them, thereby protecting the rights of the residents of Yuba County to sustainable use; enjoyment; extraction; and the natural, scenic, historic and aesthetic values of the environment, as set forth in the General Plan.

(2)

Extractive (EX). The purpose of the EX district is to:

a.

Establish appropriate locations for the extraction, processing and distribution of minerals occurring naturally such as sand, gravel, ores and precious metals, and under certain permitted conditions blending said natural materials with imported materials.

b.

Provide for public awareness of the potential for surface mining to occur and reduce potential impacts from non-compatible uses.

c.

Provide a mechanism to allow for support services and uses that are necessary and/or complimentary to the long term sustainability of mining operations.

(3)

Resource preservation and recreation (RPR). This zone district is primarily located within the natural resources areas of the County but is also an allowed zoning designation within rural community districts and the valley

growth boundary consistent with the overall purposes of the RPR designation. The purpose of the RPR district is to:

a.

Preserve land containing natural or potential parkland for passive recreational activities and nonstructural uses.

b.

Identify lake recreation areas and to provide for use of these areas for active public recreation purposes.

c.

Preserve lands whose natural resources are of significant long range social, economic and environmental importance.

d.

Preserve open space and identify high quality plant areas, critical wildlife habitat, and critical watershed lands in the County.

e.

Preserve lands from residential development.

(4)

Timber production (TP). This zone district is primarily located within the natural resources areas of the County but is also an allowed zoning designation within rural community districts consistent with the overall purposes of the TP designation. The purpose of the TP district is to:

a.

Preserve valuable timber resources within the County and to protect both the economic and environmental value of these lands.

b.

Create standards that support the growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes.

c.

Implement the California Timberland Productivity Act of 1982.

d.

Provide a mechanism to allow for support services and uses that are necessary and/or complimentary to the long term sustainability of timber operations.

(Ord. No. 1624)

Table 11.11.020 prescribes the land use regulations for natural resource districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

(Ord. No. 1624)

Table 11.11.030, Development Regulations—Natural Resource Districts, prescribes the development standards for natural resource districts. Additional regulations are denoted in the right-hand column. Section numbers in

this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.11.030: Development Regulations—Natural Resource Districts.

Figure 11.11.030: Development Regulations—Natural Resource Districts

==> picture [405 x 276] intentionally omitted <==

(Ord. No. 1624)

(a)

Setbacks. Structures located within a high fire severity zone shall be setback a minimum of 30 feet from all property lines.

(b)

Timberland production district. All lands in the timberland production district are subject to all of the provisions of the California Timberland Productivity Act of 1982 (Government Code § 51000 et seq.) and the following:

(1)

District applicability. The zoning of land in the timberland production district is to be limited to those parcels within the County which:

a.

Meet all of the requirements for inclusion in "List A" as defined in Government Code § 51110;

b.

Meet all of the requirements for inclusion in "List B" as defined in Government Code § 51110.1;

c.

Meet the criteria for parcels of land to be considered for zoning as timberland under the provisions of Government Code § 51113 and this Code; and

d.

Land divisions that result in parcels less than 160 acres in size shall meet the provisions defined in Government Code § 51119.5 and this Code.

(2)

Rezoning. Any rezoning, immediate rezoning or removal from zone of any parcels zoned timberland production shall conform to the requirements of Government Code Title 5, Div. 1, Pt. 1, Ch. 6.7, Arts. 3—5 (Government Code § 51121 et seq.).

(3)

Criteria for timberland production zoning. Pursuant to Government Code § 51113(c) and (d), the criteria for parcels of land to be considered for zoning as timberland under the provisions of Government Code § 51113(c) are as follows:

a.

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

b.

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

c.

The parcel shall currently meet the timber stocking standards as set forth in Public Resources Code § 4561 and the forest practice rules adopted by the State Board of Forestry and Fire Protection 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 production under Government Code § 51113(a), the 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 pursuant to Government Code § 51121.

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 production under Government Code § 51113(a), the 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 pursuant to Government Code § 51121.

Upon the fifth anniversary of the signing of an agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date the agreement was signed. Notwithstanding the provisions of Government Code Title 5, Div. 1, Pt. 1, Ch. 6.7, Art. 4 (Government Code § 51130 et seq.), if the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel which is in conformance with the County General Plan and whose primary use is other than timberland.

d.

The parcel shall be timberland, as defined in Government Code § 51104(f).

e.

The parcel shall be in compliance with the compatible uses established by this Chapter pursuant to Government Code § 51111.

f.

The land area concerned shall be in ownership of one person, as defined in Revenue and Taxation Code § 38106, and shall be comprised of single or contiguous parcels the total acreage of which must be at least 80 acres.

g.

The land shall be of "Site III" Site Quality Class, as said term is defined and used pursuant to said Act. Land shall be deemed to be "Site III" land if the average quality of the land is Site III. "Average," for the purpose of this Subsection, means that for every acre of land which is Site IV or Site V quality there must be at least one acre, respectively, of Site II or Site I land to balance the lesser quality land to create an exact Site III or better numerical average as to quality of acres to be included.

(Ord. No. 1556; Ord. No. 1624)