Chapter 11.12 — PLANNED DEVELOPMENT

The purposes of the Planned Development (PD) District are to:

(1)

Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations. It is the intent of this process to ensure compliance with the General Plan and to provide various types of land use which can be combined in compatible relationship with each other as a part of a totally planned development.

(2)

Promote creativity in building design and innovation in development concepts.

(3)

Planned unit development may be residential, commercial or industrial and may permit mixed uses under certain circumstances.

(Ord. No. 1624)

The procedures in this Chapter shall apply to all proposals to establish a PD District.

(Ord. No. 1624)

A PD district shall be noted on the zoning map by the designation "PD," followed by the number of the planned development or Specific Plan based on order of adoption.

(Ord. No. 1624)

No use other than an existing use is permitted in a PD district except in accord with a valid PD Plan or Specific Plan. Any permitted or conditional use authorized by this Chapter may be included in an approved PD Plan or an adopted Specific Plan consistent with the General Plan land use designation(s) for the property.

(Ord. No. 1624)

(a)

Minimum area. The minimum area of a PD district shall be four contiguous acres. The Board of Supervisors may approve a PD district that contains less than four acres, upon a finding that special site characteristics exist.

(b)

Residential unit density. Except where a density bonus is granted in compliance with the County's density bonus regulations for affordable housing and childcare (Chapter 11.30, Density Bonus Incentive Program), the total number of dwelling units in a PD Plan shall not exceed the maximum number permitted by the base zone density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.

(c)

Performance standards. The performance standards prescribed by Chapter 11.26 apply.

(d)

Sewage disposal/potable water. Parcels one acre or smaller in size shall provide both a public sewer and public water supply. Parcels between one acre and two and a half acres in size shall provide either a public sewer or public water supply as determined by the Environmental Health Director

(e)

Other development regulations. Other development regulations shall be as prescribed by the PD Plan.

(Ord. No. 1624)

(a)

Decision-making authority. A PD District must be adopted by the Board of Supervisors. A public hearing before the Planning Commission is required prior to Board of Supervisors review, and the Planning Commission shall make a recommendation to the Board of Supervisors.

(b)

Review procedures.

(1)

Rezoning. An application for rezoning to a PD District shall be processed as an amendment to the zoning map, according to the procedures of Chapter 11.61, Amendments to Development Code and official zoning map, and shall include a Specific Plan processed according to Chapter 11.64, Specific Plans and Amendments, or a PD Plan.

(2)

PD plan. The PD Plan shall be accepted and processed concurrently with the rezoning, in the same manner as a conditional use permit application, pursuant to Chapter 11.53, Common Procedures, and Chapter 11.57, Use Permits except that the Board of Supervisors is the decision-making authority and additional information is required to be submitted in order to determine that the intent of this Code and the General Plan will be fulfilled.

(3)

Tentative subdivision map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

(c)

Initiation. An amendment to reclassify property to PD shall be initiated by a property owner or authorized agent or a motion of the Planning Commission or the Board of Supervisors. If the property is not under a single

ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

(d)

Application content. An application for a PD, made on the prescribed form, shall be filed with the Planning Department, accompanied by the required fee. Applications shall contain all of the following:

(1)

Legal description. A legal description of the site and a statement of the number of acres, or square feet if less than one acre, contained therein.

(2)

Title report. A title report verifying the description and the ownership of the property.

(3)

Ownership declaration. A declaration as to whether the site is to remain under the same ownership and control or to be divided into small units during or after development and the manner and method of the division.

(4)

Project narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed development, including proposed uses and activities, development standards, architectural design guidelines, proposed residential densities if appropriate, and physical land alterations required by the development; and the relation of the proposed PD to the Yuba County General Plan.

(5)

Development schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

(6)

Maps and diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space.

(7)

Open space and landscaping plan. An existing and proposed open space and landscaping plan including landscape concepts and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to and maintenance of the open area of the property.

(8)

Other information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a PD Plan and re-zoning.

(Ord. No. 1624)

A PD Plan and re-zoning shall only be approved if all of the following findings are made:

(1)

The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;

(2)

The project is in compliance with any applicable overlay districts;

(3)

The subject site is physically suitable for the type and intensity of the land use being proposed;

(4)

Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD Plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

(5)

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

(6)

The development generally complies with applicable adopted design guidelines; and

(7)

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

a.

Appropriateness of the use(s) at the proposed location.

b.

The mix of uses and housing types.

c.

Provision of units affordable to persons and families of low and moderate income or to lower income households.

d.

Provision of infrastructure improvements.

e.

Provision of open space.

f.

Compatibility of uses within the development area.

g.

Creativity in design and use of land.

h.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

i.

Overall contribution to the enhancement of neighborhood character and the environment of Yuba County in the long term.

(Ord. No. 1624)

In approving a PD Plan and re-zoning, the Board of Supervisors may impose reasonable conditions deemed necessary to:

(1)

Ensure that the proposal conforms in all significant aspects with the General Plan and with any other applicable plans or policies that the County has adopted;

(2)

Achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;

(3)

Achieve the findings listed above; or

(4)

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The Board of Supervisors may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

(a)

Expiration.

(1)

PD Plan. A PD Plan shall expire on the same date as the associated tentative map for the project. In instances where a tentative map is not required, the PD shall expire two years after the effective date of the ordinance creating the PD unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Plan may specify a development staging program exceeding two years. The official zoning map shall not be changed to reflect the PD designation until such time as the PD has been effectuated.

(2)

Tentative map. Where a tentative map has been approved in conjunction with a PD Plan, the PD Plan shall expire upon the expiration of the tentative map.

(3)

Phased development. In the event that the applicant intends to develop the project in phases, and the Board of Supervisors approves phased development, the PD Plan shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase, unless a longer period is approved by the Board of Supervisors.

(b)

Renewal. An approved PD Plan that has not been exercised may be renewed for a two-year period approved by the Board of Supervisors after a duly-noticed public hearing. Application for renewal shall be made in writing between 30 and 120 days prior to expiration of the original approval. The Board of Supervisors may renew a PD Plan if it finds the renewal consistent with the purposes of this Chapter.

(Ord. No. 1624)

(a)

Changed plans. Amendments to a PD District or PD Plan or Specific Plan may be requested by the applicant or its successors. Amendments to the approved PD District or PD Plan or Specific Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

(b)

Major amendments. Major Amendments to an approved PD District or PD Plan or Specific Plan shall be considered by the Board of Supervisors at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

(1)

A change in the boundary of the PD District;

(2)

An increase or decrease in the number of dwelling units for the PD District that is greater than the maximum or less than the minimum stated in the PD Plan or Specific Plan;

(3)

An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Plan or Specific Plan by ten percent or more;

(4)

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the County Engineer;

(5)

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD District or to the overall major street system, as determined by the County Engineer; or

(6)

Any other proposed change to the PD Plan or Specific Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

(c)

Minor amendments. Amendments not meeting one or more of the criteria listed in Subsection B above shall be considered minor if they are consistent with the original findings and conditions of approval. Minor amendments may be approved by the Planning Director. The Planning Director may, at his/her discretion, refer any request for an amendment to a PD Plan that may generate substantial public interest to the Planning Commission for a decision rather than acting on it himself/herself.

(Ord. No. 1624)

A Specific Plan adopted by resolution of the Board of Supervisors shall be administered as prescribed by the Supervisors, consistent with Government Code Section 65450.

(Ord. No. 1624)

Plans for a project in a PD District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Plan or Specific Plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD Plan or Specific Plan.

(Ord. No. 1624)

CHAPTER 11.13 - AIRPORT ENVIRONS (AP) OVERLAY DISTRICT

The standards of this Chapter apply to areas within the Airport Influence Area of the Yuba County Airport, the Brownsville Airport, and the Beale Air Force Base. As used herein, "airport" means the Yuba County Airport, the Brownsville Airport, and the Beale Air Force Base.

(Ord. No. 1624)

The Airport Environs (AP) Overlay District is established to:

(1)

Protect land uses around the airport from potential hazards of airport operations;

(2)

Identify a range of uses compatible with airport accident hazard and airport noise exposure;

(3)

Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations;

(4)

Require noise attenuated construction within the airport environs;

(5)

Comply with Federal Aviation Administration (FAA) regulations; and

(6)

Implement the authority conferred by the Airport Approaches Zoning Law, to regulate the use of the air space for the purpose of promoting the health, safety and general welfare of the inhabitants of the County of Yuba by protecting the Yuba County Airport, Brownsville Airport and Beale Air Force Base from non-compatible land uses and providing for the orderly growth of the area surrounding these airports, safeguarding the general welfare of the inhabitants within the vicinity of the airports and the public in general by protecting the public from the adverse effects of aircraft noise and reducing the number of people exposed to airport-related hazards, and ensuring that no structures affect navigable airspace.

(Ord. No. 1624)

Notwithstanding any other provisions of this Chapter, no use may be made of land or water within the AP Overlay District in such a manner that would:

(1)

Create a "Hazard to Air Navigation" as determined by the FAA;

(2)

Result in glare in the eyes of pilots using the airport;

(3)

Make it difficult for pilots to distinguish between airport lights and others;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create steam or other emissions that cause thermal plumes or other forms of unstable air;

(6)

Create electrical interference with navigation signals or radio communication between the airport and aircraft;

(7)

Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight; or

(8)

Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. No. 1624)

Those uses permitted in the base district, subject to the limitations and conditions set forth therein and consistent with the applicable Airport Land Use Plan.

(Ord. No. 1624)

In addition to the development standards of the underlying district, development in the AP Overlay District is subject to the requirements, limitations and conditions set forth therein and consistent with the applicable

Airport Land Use Plan.

(Ord. No. 1624)

New development exposed to CNEL above 60 dB shall comply with the following standards:

(1)

Single-unit residential dwellings. New single-unit dwellings shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL 45 dB are incorporated and verified by a Board Certified Acoustical Engineer.

a.

All facades must be constructed with substantial weight and insulation;

b.

Sound-rated windows providing noise reduction performance similar to that of the facade must be included for habitable rooms;

c.

Sound-rated doors or storm doors providing noise reduction performance similar to that of the facade must be included for all exterior entries;

d.

Acoustic baffling of vents is required for chimneys, fans, and gable ends;

e.

Installation of a mechanical ventilation system affording comfort under closed-window conditions; and

f.

Double-stud construction, double doors, and heavy roofs with ceilings of two layers of gypsum board on resilient channels.

(2)

Other development. For new hotels, motels, apartment houses, and dwelling units except single-unit dwellings, an acoustical study shall be prepared by a Board Certified Acoustical Engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in 21 CCR § 5012.

(Ord. No. 1624)

(a)

The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the County.

(b)

No object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted in the applicable Airport Land Use Plan.

(c)

Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.

(Ord. No. 1624)

Any person proposing construction or alteration within the AP Overlay District shall submit notification of the proposal to the FAA if such construction or alteration exceeds an of the flowing height standards:

(1)

Two hundred feet above ground level.

(2)

The plane of an imaginary surface extending outward and upward at a slope of 100 to 1 for a distance of 20,000 feet from the nearest point of any runway.

(Ord. No. 1624)

Shall be required as specified in the applicable airport land use plan.

(Ord. No. 1624)

If an avigation easement is not required, residential development within the primary or secondary overflight area indicated in the applicable Airport Land Use Plan, an overflight notification consistent with the following standards shall be recorded:

(1)

The notification shall contain the following language dictated by state law with regard to real estate transfer disclosure.

NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).

Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

(2)

The notification shall be made evident to prospective purchasers of the property and shall appear on the property deed.

(Ord. No. 1624)

Non-conforming land uses which were in existence prior to the effective date of this Chapter may continue pursuant to the requirements of the applicable airport land use plan.

(Ord. No. 1624)

CHAPTER 11.14 - FLOODPLAIN (FP) OVERLAY DISTRICT

The purpose of the Floodplain (FP) Overlay District is to promote public health, safety, and general welfare, and to minimize the loss of life and property due to flooding in areas of the County that have been determined to be subject to such an event. The FP Overlay District is also intended to:

(1)

Minimize expenditure of public money for costly flood control projects;

(2)

Minimize the need for rescue and relief efforts associated with flooding;

(3)

Minimize prolonged business interruptions;

(4)

Minimize flood damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard;

(5)

Maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(6)

Ensure that potential buyers are notified that property is in an area of special flood hazard;

(7)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

(8)

Maintain eligibility for state disaster relief.

(Ord. No. 1624)

The standards and regulations of this Chapter apply to all lands within areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Yuba County, California" dated February 18, 2011 or subsequent versions currently effective, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated May 17, 1982 or subsequent versions currently effective, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. In addition, the provisions of Chapter 11.14 of this Code applies to urban and urbanizing areas that have or are anticipated to have a population of 10,000 residents or more within ten years (baseline year is 2007) that also fall within a 200-year floodplain as delineated on the most current available maps from the State of California or as adopted by the County of Yuba.

This FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the County of Yuba by the Floodplain Administrator.

(Ord. No. 1624)

All development in the FP Overlay District shall be in compliance with Chapter 10.30, Floodplain Management, of the Yuba County Ordinance Code. In addition, prior to approving a tentative map or parcel map located within a flood hazard zone, the decision-making authority shall make a finding that the flood management facilities protect the property to the urban level of flood protection in urban/urbanizing areas or to the National Federal Emergency Management Agency standard of flood protection in non-urbanized areas.

(Ord. No. 1624)

This section applies to those areas within the unincorporated portions of the County of Yuba that that have or are anticipated to have a population of 10,000 residents or more within ten years that also fall within either locations of undetermined flood risk or the 200-year floodplain as delineated on the most current available maps from the State of California or as adopted by the County of Yuba. Prior to issuing any discretionary permit or adopting any subdivision map, the County must find one of the following:

(1)

The facilities of the state plan of flood control or other flood management facilities protect the property to the urban level of flood protection. The urban level of flood protection shall be as defined in the California Government Code Section 65007(1);

(2)

Conditions imposed will protect the property to the urban level of flood protection; or

(3)

The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood. Adequate progress shall be as defined in California Government Code Section 65007(a).

(Ord. No. 1624)

CHAPTER 11.15 - NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) OVERLAY DISTRICT.

The purpose of the National Pollutant Discharge Elimination System (NPDES) Overlay District is to promote public health, safety, and general welfare, enhance and protect the quality of waters of the state in Yuba County by reducing pollutants in stormwater discharges to the maximum extent practicable and controlling nonstormwater discharges to the storm drain system; to cause the use of best management practices that will reduce the adverse effects of polluted runoff discharges on waters of the state.

The NPDES Overlay District is also intended to assist in the protection and enhancement of the water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges into the storm drain system. This Chapter further assists in meeting the requirements of the California State Water Resources Control Board Order No. 2013-0001-DWQ and any subsequent amendments thereto.

(Ord. No. 1624)

The standards and regulations of this Chapter apply to all lands within the County of Yuba—Phase II Municipal Separate Storm Sewer System (MS4) permit boundary as delineated on the most current permit boundary map as approved by the California State Water Resources Control Board.

(Ord. No. 1624)

All development in the NPDES Overlay District shall be in compliance with Chapter 7.50, Stormwater Quality Ordinance, of the Yuba County Ordinance Code.

(Ord. No. 1624)

CHAPTER 11.16 - PLANNING RESERVE (PR) OVERLAY DISTRICT

The purpose of the Planning Reserve (PR) overlay district is to:

(1)

Reserve land within the County to meet the future needs for urban development, consistent with the General Plan.

(2)

Allow for the continued use of lands designated PR as allowed by the underlying land use designation.

(3)

Prevent premature development of areas designated for future urban development before necessary public services would be available to those areas.

(4)

PR zones are to be applied in areas contiguous to existing urban development where urban expansion is planned and in areas designated for future development.

(5)

Encourage the orderly conversion of parcels within the PR to urban development through the use of specific plan, master plan or similar planning tools.

(6)

When consistent with the General Plan and its elements, and when adequate public facilities are or can be made available, land in the PR may be rezoned, subject to the established procedures for amending the land use plan map and zoning district map, and subject to the development limitations set forth in General Plan.

(Ord. No. 1624)

The standards of the underlying base district apply to all development within the Planning Reserve (PR) Overlay District unless a Master Plan or Specific Plan specifies other requirements.

(Ord. No. 1624)

(a)

Plan required. The County will not accept applications for subdivisions, allow urban land uses, or approve rezonings within a PR Overlay District until there is an adopted Master Plan or Specific Plan in place. If there is no adopted plan in place, development shall be in conformance with the regulations of the base district.

An application for a Master Plan or Specific Plan in the PR Overlay District shall be submitted and processed pursuant to the requirements of Chapter 11.64 (Specific Plans) or 11.65 (Master Plans).

(Ord. No. 1624)

In addition to any other findings required by this Code, the Board of Supervisors shall only approve a Master Plan or Specific Plan in the Planning Reserve (PR) Overlay District if it makes all of the following findings:

(1)

The County determines that these lands are needed to fulfill either the County's regional housing needs allocation or accommodate job-generating developments needed to achieve the County's jobs-housing goals;

(2)

The plan promotes the goals and is consistent with the polices of the Community Development Element, Natural Resources Element, Housing Element, and Public Health and Safety Element of the General Plan;

(3)

The plan is planned and designed to improve the match between local jobs and the local labor force, consistent with the goal of accommodating 0.8 total local jobs for every member of the labor force;

(4)

Build out of the plan will directly provide substantial basic (exporting) employment development potential; and

(5)

The development of the plan will include the construction of water, wastewater, and drainage infrastructure that will serve future employment development. Mechanisms will be in place so that project applicants are repaid on a fair-share basis.

(Ord. No. 1624)

DIVISION III. - REGULATIONS APPLYING TO SOME OR ALL DISTRICTS CHAPTER 11.19 - GENERAL SITE REGULATIONS

The purpose of this Chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards will be used in conjunction with the standards for each zoning district located in Division II, Zoning and Overlay Districts. In any case of conflict, the standards specific to the zoning district will override these regulations.

(Ord. No. 1624)

(a)

Generally. Where a lot is greater than one acre in size and is divided by a district boundary, the regulations applicable to each district shall be applied to the area within the district, and no use, other than parking serving a principal use on the site, shall be located in a district in which it is not a permitted or conditionally permitted use. For lots less than one acre in size the regulations in Section 11.04.040.C.2, Zoning Boundary Interpretations shall apply.

(b)

Accessory facilities. Accessory landscaping, fences, screening or retaining walls, and usable open space may be located on the lot without regard for zone boundaries.

(c)

Density and floor area. The maximum permitted number of living units or maximum floor area, if any, shall be calculated according to the lot area within each zoning district and the corresponding density ratio and floor area ratio for the district. The resulting maximum permitted number of living units or amount of floor area may be distributed on the lot without regard for district boundaries, as long as all portions of the project comply with the development standards of the district in which they are located and all other provisions of this Section.

(d)

Minimum lot area, width, and frontage. The minimum lot area, width, and frontage requirements of the zoning district that covers the greatest portion of the lot area shall apply to the entire lot. If the lot area is divided equally between two or more zone districts, the requirements of the district with greater minimum lot area, width, or frontage shall apply to the entire lot.

(e)

Exceptions. If more than 60 percent of a lot is located in one zoning district, a qualified applicant may apply for and the Planning Commission may consider a Conditional Use Permit in order to request exceptions to the provisions of this Section (e.g., to apply the standards of one of the districts to a greater area of the site).

(Ord. No. 1624)

(a)

Residential accessory structures. Residential accessory structures include structures that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, play equipment, swimming pools, spas, workshops, detached covered decks and patios, detached uncovered decks and patios 18 inches in height or greater, and similar structures. Regulations for residential second units are located in Section 11.32.030, Accessory Dwelling Units.

(b)

Non-residential accessory structures. In addition to the primary structures associated with permitted uses, each use classification may include accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures and uses. It shall be the responsibility of the Planning Director to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure or use, based on the Planning Director's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the Planning Director shall be subject to appeal pursuant to Section 11.53.150, Appeals and Calls for Review. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required (e.g. design review permit in commercial districts).

(c)

Development standards. Accessory structures shall be developed in accordance with the following standards:

(1)

Relation to existing structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building or use to which the accessory building is related. However, an accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building provided that a building permit is obtained for the entire project, including the accessory building, prior to the start of any construction and a compliance bond has been obtained. The accessory structure will not be issued a building permit final until final occupancy has been issued for the main building.

(2)

Size. Accessory structures count towards the maximum lot coverage or floor area ratio (FAR) permitted on a site. Within the valley growth boundary, excluding agricultural uses, no single accessory structures shall exceed the ground floor area of the primary building.

(3)

Levee setback. Structures located in proximity to a levee shall meet the requirements of Section 11.23.030.D, Setbacks Adjacent to a Levee.

(4)

Setbacks. Accessory structures shall meet the setback requirements established by the zoned district they are located in.

a.

Setback exemptions: Uncovered decks and patios under 18 inches in height; one accessory structure less than eight feet in height and less than 120 square feet in area. Pool and spas shall meet setback requirements of Section 11.19.100 Swimming Pools and Spas. Fences shall meet setback requirements of Section 11.19.040 Fences and Walls. Within the valley growth boundary no accessory structures shall be permitted within the front yard setback area with the exception of decks, patios, and fences (see Section 11.19.040 Fences and Walls).

(Ord. No. 1624)

(a)

Applicability. The standards of this Section apply to fences, freestanding walls, dense hedges, and similar structures. Walls and fences, depending on their height, may require approval of a building permit. Walls and fences within non-residential districts (excluding natural resource and agricultural districts) are further regulated by the County's design guidelines.

(b)

Maximum height. Fences, walls, hedges, and similar structures shall be limited to the maximum heights stated below. Fences and walls depending on height and construction style may require a building permit.

(1)

Front yards and street side yards. Within the valley growth boundary the required front and corner side yards, or along the exterior boundaries of such yards; fences, hedges, and freestanding walls may not exceed a height of three feet. Fences may be placed at the back of the sidewalk if they achieve a height of four feet provided that the top foot or entire fence height is of open or lattice-type design and achieves at least 25 percent transparency. For non-residential uses a taller fence or wall height may be permitted when a business need can be demonstrated to the Planning Director to allow additional height through a waiver.

a.

Outside the front and street side yard area (setback is established by zone district) fences, hedges, and walls up to eight feet in height may be permitted. Fences taller than eight feet in height may be permitted for noise attenuation as determined by a noise analysis or in non-residential zones when a demonstrated security need can be demonstrated to the Planning Director through a waiver.

b.

Within the residential districts of the valley growth boundary, fences up to eight feet in height may be placed five feet from the back of the sidewalk or ten feet from the back of the right-of-way line from the street side of a corner lot.

Outside the valley growth boundary or on agricultural properties within the valley growth boundary, fencing along the front and street side yard property lines may be open "agricultural style" fencing up to six feet in height unless a need can be made to the Planning Director to allow additional height through a waiver.

(2)

Decorative features. Within the valley growth boundary, one pedestrian entry gateway, trellis, or other decorative structure per street frontage or 100 feet of linear frontage is permitted in the required front or corner side yard of each lot, provided that the maximum height or width of the structure does not exceed ten feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and ten feet. Decorative walls in excess of three feet shall be located outside of the setback area in front of the house and shall meet all other standards of this Section. Gates and decorative features at vehicle entries may exceed ten feet in width, but shall be designed to ensure adequate visual clearance is maintained as determined by the Public Works Director.

(3)

Interior side and rear yards. No fence, hedge, or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of eight feet unless required for noise attenuation as determined by a noise analysis or in non-residential zones when a demonstrated security need can be demonstrated to the Planning Director through a waiver.

(4)

Main building area. The main building area is the portion of the lot that is outside any required setback. Within the main building area, the maximum height for fences and walls is eight feet except walls that are necessary for

noise attenuation may be higher based on the noise analysis.

(c)

Setback from right-of-way. Within the valley growth boundary, fences, walls and hedges shall be set back a minimum of five feet from an adjacent right-of-way line. In areas with detached sidewalks the fence shall not be any closer than back of the sidewalk. The area adjacent to the fence or wall shall be landscaped. Outside the valley growth boundary, fences, walls, and hedges may be located at the property line so long as they are outside of any adjacent right-of-way or access easement and are not in conflict with a sight distance triangle of a road or driveway.

(d)

Fences within the right-of-way. Fences are prohibited within the County right-of-way. The Public Works Department reserves the right to remove any fences placed within the County right-of-way.

Figure 11.19.040: Fences and Walls

==> picture [405 x 146] intentionally omitted <==

(e)

Design and materials. Fencing visible from a street shall be treated as an integral part of the architecture of the site, with materials, colors, and detailing that is compatible with the buildings.

(1)

Limitation on hazardous fencing materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted, with the following exceptions:

a.

On the site of a permitted agricultural use if needed for livestock or ranch operations.

b.

If such fencing is required by any law or regulation of the County, the State of California, the federal government, or other public agency.

c.

Upon approval of the Zoning Administrator when a business has demonstrated it is necessary for the security of their business operation. Fencing shall be adequately screened from the street and any adjacent residential or

mixed-use districts.

(2)

Limitations on concrete block. Within the valley growth boundary plain, concrete block is not permitted as a fencing material if visible from a public street. Plain concrete block may be permitted when finished with stucco and capped with a decorative cap. Split face and other types of architectural block do not need to be finished with stucco.

(3)

Limitations on chain link. Within the valley growth boundary, chain link fencing is prohibited for commercial projects, production homes, and multi-family residential projects (four or more dwelling units). In industrial zone districts, chain link fences must not be visible from public view unless they are screened by existing terrain or vegetation.

(f)

Production homes. Production houses shall be constructed with steel posts.

(g)

Visibility at intersections. Notwithstanding any other provisions of this Section, fences and walls shall comply with the visibility standards of Section 11.19.130, Visibility at Intersections and Driveways.

(h)

Building permits. Fences over seven feet in height shall require a building permit.

(i)

Waivers. The requirements of this Section may be waived or modified through approval of a waiver or variance where the decision making authority finds the proposed fence design is consistent with the character of the neighborhood in which it is located. Waivers allow the maximum height of fences and freestanding walls, up to one foot over allowed height and for placement up to 20 percent of the required yard/setback requirement.

(j)

Non-conforming fences.

(1)

Continuation and maintenance. A non-conforming fence may be continued, and may be maintained, except as provided in Section 11.19.040.D.

(2)

Maintenance or repair of existing nonconforming fence. Maintenance or repair, including structural repairs, may be made to any non-conforming fence or portions thereof if the repairs do not result in a different condition of conformity, or if the repairs bring the fence into compliance with this Section.

(3)

Reconstruction of damaged nonconforming fences. A property owner may reconstruct a non-conforming fence damaged by fire or other calamity if the reconstructed fence is in conformity with this Section.

(4)

Removal of worn nonconforming fence. If because of normal wear and tear a non-conforming fence is no longer fully upright or is no longer serviceable, the property owner either shall remove it or shall replace it with a new fence in conformity with this Chapter.

(Ord. No. 1624)

The height of structures shall not exceed the standards established by the applicable zoning district except as provided below:

(1)

Projections. Chimneys not over six feet in width, cupolas, flagpoles, monuments, steeples, fire and parapet walls, roof equipment, antennas, and similar structures and necessary appurtenances covering not more than 20 percent of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet. Exceptions may be granted with the approval of a waiver or variance.

Figure 11.19.050: Height Exceptions—Projections

==> picture [405 x 214] intentionally omitted <==

(2)

Support structures for agricultural and industrial uses. Structures such as silos and water tanks associated with a permitted agricultural use in any district and structures such as smokestacks, vents, and mechanical equipment associated with a permitted use located in an Industrial District may exceed maximum permitted height standards provided the height of the structure does not exceed 75 feet. Exceptions may be granted with the approval of a waiver or variance.

(3)

Wind energy systems. Structures associated with wind energy systems are subject to the height limitations of Section 11.32.280, Wind Energy Systems.

(4)

Communications facilities. Structures associated with communication facilities are subject to the height limitations of Section 11.32.300, Wireless Communications Facilities.

(5)

Airport height restrictions. Notwithstanding the provisions of this Section, all structures must comply with any height restrictions of the Airport Overlay District or any standard of the Federal Aviation Administration.

(Ord. No. 1624)

(a)

Applicability. The standards of this Section apply to all new multi-family residential buildings and non-residential development and additions that expand existing floor area by ten percent or more.

(b)

General standards.

(1)

Multi-unit residential buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles or equivalent measurement at the ground level during the hours of darkness. Lighting devices shall be protected by weather- and vandal-resistant covers.

(2)

Nonresidential buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light (or equivalent measurement).

(3)

Parking lots. Parking areas shall contain lighting according to the requirements of Section 11.25.100, Design Standards for Parking Lots.

(4)

Maximum height. Lighting fixtures shall not exceed the maximum heights specified in Table 11.19.060, Maximum Height of Lighting Fixtures.

(c)

Control of outdoor artificial light. This Subsection is intended to minimize outdoor artificial light that may have a detrimental effect and reduce the unnecessary illumination of adjacent properties.

(1)

Exemptions. The following types of lighting fixtures are exempt from the requirements of this Section:

a.

Prior installation. All light fixtures installed prior to the effective date of this ordinance, unless 50 percent or more of the light fixtures on the premises are replaced.

b.

Construction and emergency lighting. All construction or emergency lighting fixtures provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

c.

Seasonal lighting. Seasonal lighting displays related to cultural or religious celebrations.

d.

Street lights. Lights installed by a public utility company, County, or developer on behalf of utility or County to provide adequate street illumination.

(2)

Prohibited lighting. The following types of exterior lighting are prohibited:

a.

Drop-down lenses;

b.

Mercury vapor lights; and

c.

Searchlights (excluding emergency/safety response activities), laser lights, or any other lighting that flashes, blinks, alternates, or moves.

(3)

Fixture type. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-ofway or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries. In the Figure below, cd refers to the candela or measurement of luminous intensity based on the direction or angle of the light projection.

Figure 11.19.060(c)(3): Fixture Type

==> picture [463 x 203] intentionally omitted <==

(4)

Light trespass. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.

a.

Direct or sky-reflected glare from floodlights shall not be directed into any other property or street.

b.

No light or combination of lights, or activity shall cast light exceeding one foot candle onto a public street, with the illumination level measured at the centerline of the street.

c.

No light, combination of lights, or activity shall cast light exceeding 0.5 foot candle onto a residentially zoned property, or any property containing residential uses.

Figure 11.19.060(c)(4): Light Trespass

==> picture [405 x 165] intentionally omitted <==

(5)

Required documentation. Photometric data from lighting manufacturers shall be submitted to the Planning Department by the project applicant to demonstrate that the lighting requirements have been satisfied.

(6)

Alternate materials and methods of installation. Design, material, or method of installation not specifically prescribed by this Section may be approved provided the proposed design, material, or method provides approximate equivalence to the specific requirements of this Section or is otherwise satisfactory and complies with the intent of these provisions.

(Ord. No. 1624)

Within the valley growth boundary, open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours shall conform to the standards of this Section. The regulations of this Section do not apply to non-commercial vehicles parked in the driveway of a residential use, commercial and business vehicles parked in an approved parking area of an approved non-residential use or temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.

(1)

Applicability.

a.

Zoning Districts where Outdoor Storage is Principally Permitted shall apply for a Zoning Clearance and Landscape Review and Inspection with the Planning Department prior to operation.

b.

The outdoor storage of automobiles, boats, and RVs for personal uses shall be considered Personal Storage. Refer to Section 11.32.200, Personal Storage, for standards.

(2)

Location. Outdoor storage shall be located outside of all required front and street side setbacks or any required landscape area.

(3)

Screening. Outdoor storage areas shall be completely screened within a fenced in area so as not to be visible from any public street or freeway; residential district; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

(4)

Surfacing.

a.

In non-residential districts, outdoor storage areas shall be surfaced with an all weather surface. Such surfacing shall be permanently maintained free of structural defects and shall conform to all applicable federal and State air and water quality standards. This requirement does not apply to outdoor storage associated with permitted agricultural uses or single family residences.

b.

Outdoor storage of hazardous materials shall require a roof or awning over the materials and either a dead-end sump to contain spills or containment in the form of berms, dikes, or curbs. All hazardous materials regulated by the Land Enforcement Agency (LEA) or Certified Unified Program Agency (CUPA), shall be placed on a surface as deemed appropriate by the permitting agency. In addition, the surface shall conform to all applicable federal and State air and water quality standards.

(5)

Hazardous materials. The operation shall have policies and procedures in place that prohibits the keeping of any material that is considered hazardous under U.S. or California law.

(6)

Storage and accumulation of junk, garbage, and rubbish. It shall be unlawful for any person to store or keep, or permit others to store or keep, junk, garbage, and/or rubbish including, but not limited to, scrap metals or other scrap materials, on any lot or parcel, or any portion thereof, in any zone.

(Ord. No. 1624)

(a)

Applicability. The standards of this Section apply to all new development within the valley growth boundary (excluding single family residential) and additions that expand existing floor area by 25 percent or more.

(b)

Mechanical and electrical equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings to reduce visibility from the street, highway, or adjacent residential

districts.

(1)

Ground-mounted HVAC units shall be located away from public activity areas and screened from public view through landscaping and/or screen walls.

(2)

Other ground or wall mounted equipment, public utility infrastructure and other utility components shall be oriented away from public view to the extent possible and screened with evergreen shrubs or placed in an enclosure that is designed to blend with surrounding environment to the extent allowed by the utilities.

(3)

Screening for equipment shall be integrated into the building and roof design and compatible materials, colors and forms shall be used. Wood lattice or fence like coverings are inappropriate for roof mounted screening.

(4)

Roof mounted equipment, including but not limited to air conditioners, fans, vents, and antennas, shall be setback from the roof edge, or placed behind a parapet or in a well so that they are not visible to motorists or pedestrians.

(5)

Outdoor storage areas shall be screened as provided in Section 11.19.070, Outdoor Storage.

(c)

Common property lines (screening between different land uses).

(1)

Required areas. A landscape buffer or screening wall consistent with the provisions of this Section shall be provided for the following uses at the time of new construction or expansion of buildings:

a.

Residential subdivisions: Residential subdivisions of five or more lots adjacent to residential development exceeding ten units/acre, any nonresidential use, or an unloaded urban collector or major arterial roadway.

b.

Multi-unit residential uses: Multi-unit residential uses exceeding ten units/acre adjacent to a single unit dwelling or duplex, any industrial use, or an unloaded urban collector or major arterial roadway.

c.

Nonresidential uses: Nonresidential uses adjacent to any residential district, public park, or open space.

(2)

Location. Landscape buffers and screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining properties the building, facility, or activity required to be screened.

a.

Screening walls required. Screening walls are required between residential and industrial districts or residential districts adjacent to unloaded urban roadways. When located along roadways, short street blocks and/or pedestrian paseos shall be incorporated into project design. Where screening walls are required, they are in addition to any required landscaping as identified in Chapter 11.24, Landscape.

b.

In other locations, walls that prevent convenient access between residential districts and parks, trails, public transit or commercial and public services are prohibited.

(3)

Height. Landscape buffers should reach a minimum of five feet in height at maturity. Screening walls shall be a minimum of six feet and maximum of eight feet in height, unless otherwise specified through a discretionary planning entitlement.

a.

Landscape buffers shall be comprised of a view-obscuring arrangement of evergreen and deciduous trees, shrubs and similar vegetation not less than five feet in height at maturity. Evergreens shall comprise at least 75 percent of the trees and plants utilized. Vegetation shall be planted at intervals that emphasize massing and form rather than individual or small groupings of shrubs and trees.

b.

Screening walls shall be constructed of stucco, decorative block, concrete panel, or other substantially equivalent material. Chain-link fencing does not fulfill the screening wall requirement.

(4)

Berms. An earth berm may be used in combination with the above types of landscape buffers and screening walls, but not more than two-thirds of the required height of such screening may be provided by the berm.

Figure 11.19.080(c)(4): Berms

==> picture [232 x 121] intentionally omitted <==

(5)

Maintenance. Landscape buffers and screening walls shall be maintained by property owner in good repair, including but not limited to replacement of dead or diseased vegetation, painting, graffiti removal, and shall be kept free of litter or advertising.

(6)

Waivers and modifications. The Zoning Administrator may grant a waiver or modification of the screening requirements pursuant to Chapter 11.60, Waivers and Modifications.

(Ord. No. 1624)

(a)

Buffers and setbacks between agricultural and non-agricultural uses and districts. The purpose of agricultural buffers and setbacks is to provide for the long-term viability of agricultural operations and to minimize potential conflicts between agricultural uses and non-agricultural development and uses.

(1)

Permanent agricultural buffers. Permanent agricultural buffers are only required at the edges of rural community boundary areas and the valley growth boundary. The minimum buffer width is based on the type of agricultural use as identified in Table 11.19.090-A.

a.

Agricultural buffers should be designed to accommodate drainage, trails, roads, other facilities or infrastructure, community gardens, native landscaping, and other uses that would be compatible with ongoing agricultural operations and provide valuable services or amenities. Windrows, berms, or other types of barriers shall be incorporated into the buffer design to reduce impacts from adjacent agricultural operations.

b.

Where buffers are required the buffer shall be located on the non-agricultural property in instances where the development is occurring adjacent to the rural community boundary or valley growth boundary.

(2)

Reductions in buffer width. Agricultural buffers may be reduced with minor use permit approval where the decision-making authority determines, in consultation with the Agricultural Commissioner that:

a.

Specific site characteristics exist such as topography, prevailing winds, vegetation, and other site features provide adequate buffering such that the required setback is not necessary to promote and protect agriculture and protect public health and safety; or

b.

Site constraints such as size and configuration are such that the required setback is infeasible and the reduced setback provides the maximum feasible buffer from the agricultural district or use.

(3)

Exclusions. Permanent buffers are not required in areas adjacent to planned urban development within the valley growth boundary or when adjacent to existing rural residential or agricultural rural residential uses where the parcel sizes are primarily five acres or less in size.

(4)

Setbacks for urban commercial agriculture. Where new commercial agricultural operations are proposed within the valley growth boundary, setbacks and/or operational restrictions shall be required to reduce impacts of the agricultural operation on non-agricultural uses and districts. The width of the setback and/or operational restrictions shall be as determined through the conditional use permit and shall be based on the type of agricultural operation, site specific characteristics, adjacent uses and districts, and recommendations from the Agricultural Commissioner. Where setbacks are required they shall be provided within the project boundary of the commercial agricultural operation.

(5)

Buffer management plan. Where agricultural buffers or setbacks are required they shall be maintained in accordance with a buffer management plan acceptable to and approved by the County. Agricultural buffer management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the County. Such plans shall, at a minimum, address the following:

a.

A description of site conditions such as vegetation and habitat type, natural and man-made features, and other characteristics of the site;

b.

Grass and brush clearing for fire fuel management, as required by site conditions;

c.

Erosion control;

d.

Fencing if required for the protection of resources;

e.

Any proposed recreational activities or facilities; and

f.

Any natural resource management activities and uses.

(b)

Setbacks adjacent to the landside of levees. Setbacks from levees shall be as determined by the levee maintenance district, but in no case shall be less than 50 feet from the toe of levees for new structures, fences, or pools to preserve the long-term ability to conduct inspections, perform maintenance, fight floods, and allow room for future minor changes to levee configurations. Additional requirements pertaining to grading activities adjacent to levees is provided in Chapter 11.23, Grading, Drainage, and Erosion Control.

(c)

Allowed building projections. Building projections may extend into required setback areas, according to the standards of Table 11.19.090(b), Allowed Building Projections into Setbacks.

(1)

Limitations. The "Additional Standards and Limitations" column of Table 11.19.090(b) states any dimensional, area, or other limitations that apply to allowed projections into setbacks. In addition, the following limitations apply to all projections into setbacks:

a.

No projection may extend into a public utility easement.

b.

No projection may extend closer than three feet to an interior lot line.

c.

No projection may extend closer than six feet to a building or structure on an adjacent lot.

d.

Projections are subject to all applicable requirements of the California Building Code.

e.

Any applicable lot coverage limitations of the district must be met.

Figure 11.19.090(b): Allowed Building Projections into Setbacks

==> picture [405 x 302] intentionally omitted <==

(Ord. No. 1624)

Swimming pools and spas shall comply with Chapter 10.40, Swimming Pool Safety Act, of the County Code, as well as the following standards:

(1)

Within the valley growth boundary, swimming pools, spas or associated filtration equipment and pumps shall not be located in the front yard area or within the street side yard setbacks.

(2)

The outside wall of the water-containing portion of any swimming pool or spa shall be located at least five feet from all interior side and rear lot lines for above ground pools or spas and three feet for in ground pools or spas.

(Ord. No. 1624)

(a)

Applicability. Solid waste and recycling-container enclosures are required for new multi-family dwellings consisting of four or more dwelling units and for all office, and retail developments. Compliance with the standards of this Section is required in conjunction with all new development and with additions that expand existing floor area by ten percent or more.

(b)

Alternatives. Projects with ten or fewer residential units may have individual trash containers for each unit, provided that there is a designated screened location for each individual trash container adjacent to the dwelling unit and provided that solid waste and recycling containers for each unit are brought to the curbside for regular weekly or bi-weekly collection.

(c)

Location. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible as determined by the Zoning Administrator.

(1)

The solid waste and recycling storage area shall not be located within any required front yard, street side yard, any required parking and landscaped areas, or any other area required by this Code to be constructed or maintained unencumbered according to fire and other applicable building and public safety codes.

(2)

Solid waste and recycling areas shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. There should be a minimum of one solid waste and recycling enclosure per 50 units.

(3)

Solid waste and recycling storage areas shall be accessible to haulers. Storage areas shall be located so that the trucks and equipment used by the County or its contracted solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing-up. Project applicants are responsible for procuring current equipment size and turning radius from the County or its contracted solid waste and recycling collector(s).

(d)

Materials, construction, and design.

(1)

Minimum height of screening. Solid waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least five feet in height, except for a gated opening.

(2)

Enclosure material. Enclosure material shall be compatible to the main structure(s).

(3)

Access to enclosure from residential projects. Each solid waste and recycling enclosure serving a residential project shall be designed to allow walk-in access without having to open the main enclosure gate.

(4)

Enclosure pad. Pads shall be a minimum of reinforced four-inch-thick concrete.

(5)

Drainage. Drainage from neighboring roofs and pavement shall be diverted away from the trash collection area. No storm drains shall be in the immediate vicinity of trash storage areas.

(6)

Landscaping. The perimeter of the recycling and trash enclosure shall be planted, if feasible, with drought resistant landscaping, including a combination of shrubs and/or climbing evergreen vines, except for a gated opening.

(7)

Clear zone. The area in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked "No Parking."

(Ord. No. 1624)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site. This requirement applies to development within the valley growth boundary and may be waived by the Community Development and Services Agency Director upon determining that underground installation is infeasible.

(Ord. No. 1624)

(a)

Street intersections. Vegetation and structures may not exceed a height of three feet within the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of 25 feet along both lines from their intersection, unless an exception is obtained from the Public Works Director. Existing trees, or any portions thereof, that are located

within this sight distance triangle shall have a clearance of seven feet high minimum between the lowest portion of the canopy and the sidewalk. New trees shall not be planted within the sight distance triangle.

Figure 11.19.130: Visibility at Intersections

==> picture [232 x 140] intentionally omitted <==

(b)

Exempt structures and plantings. The regulations of this Section do not apply to public utility poles official warning signs or signals; or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; traffic control devices or places where the contour of the ground is such that there can be no cross visibility at the intersection.

(Ord. No. 1556; Ord. No. 1613; Ord. No. 1624)

Before obtaining any building permits in the County, property owners must demonstrate legal access to the subject parcel.

(Ord. No. 1624)

CHAPTER 11.20 - CONSUMER DISCLOSURE—FARMING AND MINING OPERATIONS

The Board of Supervisors finds that it is in the public's interest to preserve and protect agricultural and mining land and operations within the County and to specifically protect these lands for exclusive agricultural and mining use.

(1)

Where non-agricultural or non-mining land uses, particularly residential and commercial development, extend onto agricultural and mining lands or exist side by side with these operations, they are frequently the subject of nuisance complaints. As a result, some agricultural and mining operations are forced to cease or curtail their operations and many others are discouraged from making investments in improvements to their operations, to the detriment of the economic viability of the County's agricultural and mining industries as a whole. Therefore, it is the purpose and intent of this Chapter to reduce the loss to the County of its agricultural and mining resources by limiting the circumstances under which properly conducted agricultural and mining operations may be considered a nuisance;

(2)

It is the further purpose and intent of this Chapter to promote a good-neighbor policy by requiring notification of owners, purchasers, residents, and users of property adjacent to or near agricultural and mining operations of the inherent potential problems associated with being located near such operations, including, without limitation, noise, vibrations, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds and pesticides. It is intended that, through mandatory disclosures, owners, purchasers, residents and users will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions from properly conducted agricultural and mining operations as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural and mining sector;

(3)

It is also the intent of the County to balance the rights of mining operators and farmers with the rights of nonfarmers who own, occupy, or use land within the valley growth boundary of the County.

(Ord. No. 1624)

(a)

No agricultural or mining operation conducted or maintained on those lands zoned or designated for such use (agricultural districts, extractive district, and timber production district), or currently so used for agricultural or mining in a manner consistent with proper and accepted customs and standards, as established and followed by similar operations in the County, shall be or become a nuisance for purposes of this Code or County regulations if it was not a nuisance when it began. The provisions of this Section shall not apply where a nuisance results from the negligent or improper management or operation of an agricultural or mining operation.

(b)

This Section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural or mining activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

(c)

This Section shall not apply to lands within the valley growth boundary that are converted from agricultural zoning designations to urban zoning designations or new commercial agriculture operations located within urban areas.

(d)

This Section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of the County ordinances and regulations.

(Ord. No. 1624)

This Chapter shall apply to quit claim deeds, grant deeds, land sale contracts, and leases executed after the effective date of this Chapter affecting property within the unincorporated area of the County specified herein.

(Ord. No. 1624)

(a)

Consumer disclosure by seller. A person who is acting as an agent for the seller or lessor of real property located in the County or the seller or lessor of real property if he or she is acting without an agent shall disclose to the prospective purchaser that:

"The property described herein is located in the County of Yuba, which is an agricultural and mining area, and residents of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, and from pursuit of agricultural operations, including, but not limited to, cultivation, irrigation, plowing, spraying, aerial application, pruning, harvesting, crop protection, agricultural burning, which occasionally generates dust, smoke, noise and odor, and protecting animal husbandry from depredation. Residents may also be subject to inconvenience or discomfort arising from the pursuit of mining operations, which occasionally generate dust, smoke, noise, odor and vibrations. Yuba County has established zoning for agricultural land that sets as a priority the agricultural use of the lands included therein, and has established as a priority the mining use of lands so designated, and residents of such property in or near these areas should be prepared to accept such inconvenience or discomfort as normal and necessary to such operations."

(b)

Disclosure in documents. The disclosure statement set forth in Subsection (a), consumer disclosure by seller, above shall be included in a document that a purchaser, lessee or transferee signs at the time of the sale, purchase, contract of sale, transfer or lease of real property within the County in conjunction with the disclosures required by California Civil Code Div. 2, Pt. 4, Title 4, ch. 2, Art. 1.5 (Civil Code § 1102 et seq.).

(c)

Disclosure in building permits. Where a building designed for residential occupancy is to be constructed in the County, the owners of the property shall, prior to issuance of a building permit, be required to sign a statement of acknowledgement on forms approved by the Community Development and Services Agency's Building Department containing the following statement:

"The property described herein on which the proposed structure is to be built is located within the County of Yuba, which is an agricultural and mining area, and residents of this property may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, and from the pursuit of agricultural operations including, but not limited to cultivation, irrigation, plowing, spraying, aerial applications, pruning, harvesting, agricultural burning, which occasionally generate dust, smoke, noise and odor, and protecting animal husbandry from depredation. Residents may also be subject to inconvenience or discomfort arising from the pursuit of mining operations, which occasionally generate dust, smoke, noise, odor and vibrations. Yuba County has established zoning for agricultural land which sets as a priority the agricultural use of the lands included therein and has established as a priority the mining use of lands so designated, and residents of such property in or near these areas should be prepared to accept such inconvenience or discomfort as normal and necessary to such operations."

In lieu of signing the statement required above, the owner may submit evidence that the statement set forth in Subsection (a), consumer disclosure to seller, above has been made part of a document accompanying the sale, purchase, transfer, or lease of the property on which it is to be constructed.

(d)

Nondisclosure. Non-compliance with any part of this Chapter shall not affect title to real property, nor shall it prevent the recording of any document. However failure to make the disclosures required by Subsections (a), consumer disclosure to seller, and (c), disclosure in building permits, above shall subject the agent for the seller or lessor or the seller or lessor if there is no agent to a civil action by the purchaser or lessee for any damages incurred thereby.

(Ord. No. 1624)

The County may install or permit the installation of signs at the entry or within established farming or mining areas to notify and explain to purchaser that some of the land in such area is being used for agricultural or mining purposes and that the purchasers' interests are protected by law. The prospective purchaser of such land or a residence is advised to check with local County agencies as to any regulations or requirements that may affect agricultural or mining property and of inherent problems associated with a purchase of such property and of the likely effects of such agricultural or mining operations.

(Ord. No. 1624)

CHAPTER 11.21 - CLUSTERED DEVELOPMENT

The purpose of this Chapter is to allow residential density flexibility through reduced lot area cluster and development in the rural foothill and mountainous areas of the County in order to facilitate the retention of natural resources, open space, agricultural lands, and wildlife habitat; avoid hazardous areas; and further implement the goals and policies of the General Plan.

(Ord. No. 1624)

The use of these clustered development provisions is allowed in the RC, RR, and RE districts located within a rural community boundary.

(Ord. No. 1624)

(a)

Pre-application review. Pre-application review pursuant to Section 11.53.160 is required prior to submitting a formal application for a clustered development project.

(b)

Conditional use permit required. Conditional Use Permit approval in compliance with Chapter 11.57, Use Permits., is required concurrent with approval of a tentative map.

(Ord. No. 1624)

Clustered development projects shall adhere to the development standards for the base zoning district, except as modified below:

(1)

Density. The total number of dwelling units (single, second, and/or multi) in a clustered development shall not exceed the maximum number permitted by the base zone density for the total area of the project.

a.

Deed Restriction Required. Deed restrictions shall be filed on each property to ensure the overall maximum density is not exceeded through future subdivision or development.

(2)

Lot size. The minimum lot size in a clustered development project shall be one acre. However, access, sewage disposal, water supply, surrounding parcel sizes, topography, adjacent land uses, applicable General Plan policies, and other factors will affect the County's decision on a project-by-project basis.

(3)

Sewage disposal/potable water. Each application for a clustered development project shall obtain tentative clearance from the Environmental Health Director for the proposed parcel sizes.

a.

Parcels one acre or smaller in size shall provide both a public sewer service and public water supply. Parcels between one acre and two and one-half acres in size shall provide either a public sewer service or public water supply as determined by the Environmental Health Director.

(4)

Open space. A minimum of 60 percent of the total project site shall be dedicated as permanent open space of which no more than ten percent may be used for infrastructure necessary to serve the development (wells, sewage disposal, drainage, detention basins and similar facilities).

a.

Guarantee. Open space shall be guaranteed in perpetuity using one or more of the following control mechanisms:

1.

Dedication of a conservation (or open space) easement to the County, other public agency or a public interest land trust;

Dedication of land in fee-title to the County or other public agency; or

3.

Deed restrictions recorded with the County Recorder.

b.

Management plan. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the County. Such plans shall, at a minimum, address the following:

1.

A description of site conditions such as vegetation and habitat type, natural and man-made features, and other characteristics of the site;

2.

Grass and brush clearing for fire fuel management, as required by site conditions;

3.

Erosion control;

4.

Sewage disposal, water well, and stormwater drainage facilities, including ditches and detention basins, if proposed for the development;

5.

Fencing if required for the protection of resources;

6.

Recreational activities compatible with open space; and

7.

Other natural resource management activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the County.

c.

Uses. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses shall be permitted:

Agriculture, including grazing and timber management, when allowed by the underlying base zoning;

2.

Resource conservation;

3.

Wildlife management;

4.

Recreational activities compatible with the objectives of the open space management plan;

5.

Community wells, community septic systems, community sewage disposal systems, and individual wells may be allowed as private open space and shall not exceed ten percent of the minimum 60 percent open space requirement identified in Section 11.21.040(4);

6.

Pedestrian, bicycle and equestrian trails. Public access is not required, but may be permitted subject to a public access easement being recorded; and

7.

Other similar uses, as determined through the application review process.

(5)

Flood zones. Clustered development projects shall be prohibited within flood zones unless they meet the requirements of Chapter 11.14, Floodplain Overlay District.

Figure 11.21.040: Cluster Development in a Flood Zone

==> picture [289 x 193] intentionally omitted <==

(Ord. No. 1624)

CHAPTER 11.22 - FIRE SAFE REGULATIONS

The purpose of this Chapter is to establish minimum wildfire protection standards pursuant to Public Resources Code § 4290 that shall apply to the issuance of a building or construction permit, tentative map approval, or other development entitlement approved by the County in designated State Responsibility Areas (SRA).

(Ord. No. 1624)

The provisions of this Chapter shall apply to the approval of new parcels, building permits for new construction or significant improvement to existing structures (within a three year period: 50 percent expansion of floor area or improvements valued at $25,000.00), road construction and road extension projects contained in Yuba County and located in a Cal Fire State Responsibility Area (SRA). All specified or referenced distances shall be measured along the ground unless otherwise stated. Basic emergency access and perimeter wildlife protection measures specified in the sections to follow provide standards for emergency access, signing and building numbering, private water supply reserves for emergency fire use, and vegetation and modification.

(Ord. No. 1624)

Except as otherwise noted in Section 9.70.220, Address Number; Display, of the County Code, the provisions of this Chapter with exception of significant improvements described above, shall not apply to existing permitted structures, existing County maintained roads, existing private roads and driveways, lot line adjustments, roads constructed exclusively for agricultural or extractive industrial uses where the property is owned by a single person or entity, and roads constructed exclusively for the management or harvesting of timber products.

(Ord. No. 1624)

To facilitate locating a fire and to avoid delays in response, all newly constructed or approved roads, streets, and buildings shall be designated with names or numbers posted on signs clearly visible and legible from the roadway. This Section shall not restrict the size of letters or numbers appearing on street signs for other purposes.

(1)

Size of letters, numbers, and symbols for street and address signs shall be a minimum four-inch letter height, ½-inch stroke, reflective, contrasting with the background color of the sign.

(2)

Street and road signs shall be visible and legible from both directions of vehicle travel for a distance of at least 100 feet.

(3)

All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.

(4)

Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction.

(5)

Where multiple addresses are required at a single driveway, they shall be mounted on a single post.

(Ord. No. 1624)

All roads and private driveways, unless exempt under Section 11.22.020, Applicability, of this Chapter, shall be constructed to provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently.

(1)

All newly constructed approved roads, driveways and buildings shall be addressed by name(s) and number(s) displayed with signs that are clearly visible and legible from the roadway in accordance with Chapter 9.70, Uniform System for the Naming of Streets and Numbering of Properties, of the County Code and with the State of California Traffic Manual. All signs shall be installed prior to map recordation where a tentative map application has been approved and prior to the issuance of the Final Certification of Occupancy where an application for building permits has been proposed.

(2)

All new roads shall be constructed in accordance with Section 11.46.030, Road Improvements. All roads and driveways shall be designed to provide the minimum vertical clearance and to carry the maximum legal gross vehicle limit allowed by the Vehicle Code.

(3)

All driveways shall provide a minimum 12-foot-wide traffic lane and unobstructed vertical and horizontal clearance to combustible vegetation of 15 feet along its entire length.

a.

Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart.

b.

A turnaround shall be provided at all building sites on driveways over 300 feet in length, and shall be within 50 feet of the building.

c.

Max driveway slope not to exceed 16 percent for gravel base driveways and 20 percent for paved driveways. Driveways exceeding 20 percent slope require fire district approval.

(4)

When a gate is proposed on a private road or driveway to restrict access to property, said gate shall be constructed as follows:

a.

Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving the gate, minimum 14 feet wide.

b.

All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road.

c.

A key box is required where access to or within a structure or an area is restricted because of secured openings such as a locked gated entrance.

(5)

All new roadway structures shall meet the following standards:

a.

Bridges shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code §§ 35550, 35750 and 35250.

b.

Appropriate signing, including, but not limited to weight or vertical clearance limitations, and one-way road or single-lane conditions shall be posted to reflect the capacity of each bridge.

c.

A bridge with only one traffic lane may be authorized by the County; however, such bridge shall provide for unobstructed visibility from one end of the bridge to the other and turnouts at both ends of such bridge.

(Ord. No. 1624)

An emergency water system for wildfire protection shall be constructed in State Responsibility Areas and written clearance from Calfire on acceptance of the system design shall be submitted to CDSA prior to the recordation of a parcel map or final map. Prior to recordation, then applicant shall also demonstrate to the satisfaction of the Public Works Department how the water system will be maintained in perpetuity.

(Ord. No. 1624)

Fire hydrants shall be installed to meet the following standards:

(1)

Eighteen inches above grade.

(2)

Minimum eight feet from flammable vegetation.

(3)

Minimum four feet and a maximum 12 feet from roadway.

(4)

Minimum 50 feet and a maximum one-half mile from the building it serves.

(5)

Two and one half inch N.H. male fitting for pressure and gravity systems and four and one-half inch for draft systems

(6)

Identified with a three-inch reflectorized blue dot on the driveway, address sign, or placed within three feet of a hydrant with a sign three to five feet above the ground.

(7)

Located at a turnout or turnaround, along the driveway to the building it serves or along the road that intersects with that driveway.

(Ord. No. 1624)

The following defensible space standards shall be completed in SRA's prior to parcel or final map recordation, or the issuance of a Certificate of Building Occupancy.

(1)

Setback for defensible space. Firebreaks shall be established and maintained in accordance with Chapters 10.15, Firebreaks, of the County Code and Section 11.54.100, Mitigation Monitoring and Reporting Program and the following:

a.

All new buildings shall be constructed with a minimum 30-foot setback from all property lines and/or the road right-of-way to serve as a fire break. Required utility structures such as but not limited to water tanks, propane

tanks, and well/pump houses are not considered buildings for the purposes of this Section.

b.

The side and rear yard building setback requirement may be reduced to the setback permitted by the zoning district upon written clearance from the fire district.

(2)

Disposal of flammable vegetation and fuels. Disposal, including chipping, burying, burning or removal to a landfill site approved by the local jurisdiction, of flammable vegetation and fuels caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of a building permit.

(3)

Greenbelts. When proposed as part of a development plan, greenbelts shall be located strategically as a separation between wildland fuels and structures.

(Ord. No. 1624)

Upon request by the applicant, a waiver of one or more of the requirements of this Chapter may be allowed by the Development Review Committee, where such waiver provides the same overall practical effect provided by this Chapter. A letter requesting such waiver shall be submitted to the Development Review Committee along with any fee established for waivers. A copy of the waiver request shall be submitted to the CDSA Director and to Cal Fire for review and comment. Cal Fire shall sign off prior to Development Review Committee approval. The review and comment period shall be no less than 14 days. Approval or conditional approval of the waiver request shall only be granted when the Development Review Committee makes the finding that such action is in keeping with the purposes and intent of this Chapter. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to the Cal Fire Ranger Unit headquarters that administers SRA fire protection in Yuba County.

(Ord. No. 1624)

The decision of the Development Review Committee shall be final unless an appeal is filed in accordance with Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

CHAPTER 11.23 - GRADING, DRAINAGE, AND EROSION CONTROL

The purposes of this Chapter are to:

(1)

Regulate grading, drainage, and other earthwork activities within the unincorporated areas of Yuba County to preserve and safeguard public welfare, life, health, and property;

(2)

Ensure that the intended use of a graded site is consistent with the Yuba County General Plan (including adopted Community or Specific Plans), the County's Storm Water Management Plan, Yuba County Public Works Standard Specifications, California Fire Safe Standards, stormwater regulations for construction activities, and local ordinances, including this Code, building and construction (Title 10), and applicable building codes;

(3)

Require implementation of erosion and sedimentation control measures to protect water quality and reduce the discharge of pollutants into county storm water drainage systems to the maximum extent practicable using best management practices; and

(4)

Establish authority and procedures for the issuance of grading permits; for the approval of grading plans; for inspection of earthwork activities; and, for enforcement of the provision herein.

(Ord. No. 1624)

(a)

Grading permit; required.

(1)

Any grading performed in the County of Yuba—Phase II Municipal Separate Sewer System (MS4) permit boundaries that creates or replaces 2,500 square feet or more of impervious surface shall require either a grading permit or a building permit. For these activities, the requirements within Code Section 7.50 shall apply.

(2)

For all projects excluding those covered in Subsection 11.23.020(a)(1) above, and except for the specific exemptions listed in Subsection 11.23.020(b), Grading Permit; Exemptions, no person shall do or permit to be done any grading on any site in the unincorporated areas of Yuba County without a valid grading permit obtained from the Community Development and Services Agency. A permit shall also be required for the following:

a.

Retaining walls which are over four feet in height, as measured from bottom of footing to top of the wall;

b.

Any retaining walls that are subject to surcharge;

c.

Private vehicular bridges;

d.

Fill operations exceeding four feet when filling an abandoned swimming pool unless a demolition permit for same is obtained from the Building Department.

(3)

A grading permit is required for any grading and/or other construction activity with ground disturbance of more than one acre, or any grading and/or construction activity smaller than one acre but part of a greater plan involving over one acre.

(b)

Grading permit; exemptions. Unless in conflict with provisions of adopted general and/or specific plans, and excluding projects covered in Subsection 11.23.020(a)(1), the following grading may be done without obtaining a permit. Exemption from the requirement of a permit shall not be deemed permission to violate any provision of this Chapter or the need to obtain any other permits or other authorizations that may be otherwise required with that activity:

(1)

Minor projects which have cuts or fills, each of which is less than two feet in vertical depth at its deepest point measured from the existing ground surface and meets all of the following criteria:

a.

Less than 50 cubic yards of graded material in a single area and does not obstruct a drainage course, within a two-year period. In calculating the graded material quantity, excavation material used as fill material will not be counted twice. (For example: 25 cubic yards [C.Y.] of excavation material that is also placed as fill material would be calculated as 25 cubic yards, not as 25 C.Y. + 25 C.Y. = 50 C.Y.);

b.

The removal, plowing under or burial of less than 10,000 square feet of vegetation on slopes ten percent or greater or any amount of vegetation on slopes less than ten percent on areas of land totaling less than one acre within a two-year period;

c.

Does not create unstable or erodible slopes;

d.

Does not encroach onto sewage disposal systems including leach field areas, or into setbacks of existing sewage disposal systems, repair areas, or proposed septic areas as outlined in Section 7.07.450, Location of Septic Tanks, Building Sewer Pipes, Leach Fields and Seepage Pits, of the County Code;

e.

Does not impact the seal integrity of any water well. If a well is encountered during the grading and is not intended for use, it shall be destroyed with permit according to Section 7.03.090, Abandonment [of water wells], of the County Code;

f.

Does not encroach into the areas designated as zone A as shown on the Flood Insurance Rate Maps;

g.

Does not encroach into the areas designated as Inundation Easements;

h.

Does not obstruct any watercourse or disturb or negatively impact any drainage way, wetland, stream environment zone, or water body;

i.

Does not divert or obstruct overland flow, or negatively affect other adjacent properties;

j.

Includes provisions to effectively prevent discharges of pollutants from the site; and

k.

Provides for completion of soil disturbing activities within a continuous period of 45 days, and revegetation of all disturbed areas immediately thereafter.

(2)

Grading done by or under the supervision or construction control of a State or Federal agency that assumes full responsibility for the work;

(3)

Excavations or fill operations in connection with a swimming pool authorized by a valid building permit or demolition permit issued by the Building Department;

(4)

Retaining walls less than four feet in height, as measured from bottom of footing to the top of the wall, and not subject to surcharge;

(5)

Grading necessary for agricultural operations, unless such grading converts one acre or more of land that contains riparian vegetation, oak woodlands or forests; involves grading and earthmoving activities on slopes over 12 percent; and/or, will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit, or provided no excavated material is imported to or exported from the premises;

(6)

Trenching and grading incidental to the construction or installation of County approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for post holes or approved wells;

(7)

Excavations less than 250 cubic yards for soil or geological investigations by a geotechnical engineer, civil engineer, or engineering geologist;

(8)

Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan, or sanitary landfill or environmental remediation project or petroleum product tank removal and installation where governed by other State or County ordinance, and provided no excavated material is imported to or exported from the premises;

(9)

Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition;

(10)

Routine cemetery excavations and fills;

(11)

Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Community Development and Services Agency promptly of the problem and work required and shall apply for a permit within ten calendar days after commencing such work;

(12)

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

(13)

Timber harvest operation conducted under valid State or Federal permit, stream alteration permits, dams under State jurisdiction, etc.

(Ord. No. 1624)

(a)

Grading standards.

(1)

No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris or other material substantially in excess of natural levels are washed, eroded or otherwise moved from the site, except as specifically provided for by a permit. In no event shall grading activities cause or contribute to the violation of provisions of any applicable NPDES stormwater discharge permit.

(2)

All grading within unincorporated Yuba County, regardless of whether or not a grading permit is required, shall be in compliance with all of the following:

a.

Applicable requirements of this Chapter and other County ordinances, rules, regulations, and design standards.

b.

Minimum acceptable industry standards for minimizing erosion and controlling sediment discharges by providing erosion and sediment controls, soil stabilization, source controls, and pollution prevention measures.

c.

Requirements of the Central Valley Regional Water Quality Control Board including the Statewide "General Permit for Discharges of Storm Water Associated with Construction Activities and the Phase II Small MS4 General Permit (Order No. 2013-0001-DWQ)."

d.

As determined by the Public Works Director, additional requirements beyond those specified or referenced in this Chapter if such requirements are deemed necessary to protect the health, safety, or welfare of the public; to prevent or eliminate a hazard to public or private property; or, to otherwise fulfill the purposes of this Chapter.

(b)

Water obstruction. No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of storm waters, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion. This Section applies whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, are unimproved channels or watercourses or improved ditches, channels or conduits.

(c)

Levee work. No person shall excavate or remove any material from or otherwise alter any levee required for river, creek, bay, or local drainage control channel, including excavation along the projected fill slope line, without prior approval of the local governmental agency responsible for the maintenance of the levee.

(d)

Levee landside setbacks; development or grading adjacent to levees.

(1)

Setbacks from levees shall be as determined by the levee maintenance district, but in no case shall be less than 50-feet from the toe of levees for new structures, fences, pools, roads, utilities, and storage or stockpiling of agricultural waste to preserve the long-term ability to conduct inspections, perform maintenance, fight floods, and allow room for future minor changes to levee configurations. In addition, any grading activity within 400 feet of the landside levee toe shall require a registered geotechnical engineer to submit a stamped report demonstrating that the proposed action will not have an adverse impact on the integrity of the levee system. For the purposes of this Section, grading activities are defined as any trench or hole greater than 24 inches in depth or general site grading that reduces the surface by more than 12 inches in depth.

(2)

Site-specific exceptions to the setback standard can be pursued by an application to the Board of Supervisors on a case-by-case basis. These exceptions should only be allowed in instances where levee stability upgrades greatly exceed minimum standards, such that risk and uncertainty are substantially removed at that location.

(3)

Agricultural practices will generally be exempt from setback requirements except aquaculture projects, ponds, or similar that may affect integrity of levees or the storage of agricultural waste as specified previously in this Section. This exemption shall continue until agricultural activity ceases and development activity begins within the area protected by the levee.

(e)

Construction in public rights-of-way. No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the Public Works Director or authorized Agent.

(f)

Hazards. If the Enforcement Official determines that any grading on private or public property constitutes a hazard to public safety; endangers property; adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse or drainage channel; or could adversely affect the water quality of any water bodies or watercourses, the Public Works Director or authorized Agent may issue a stop work notice to the owner of the property upon which the condition is located, or other person or agent in control of such property. Upon receipt of such stop work notice, the recipient shall, within the period specified therein, stop all work, obtain a grading permit and conform to the conditions of such permit. The Community Development and Services Agency may require the submission of plans or soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any corrective or proposed work or activity.

(g)

Liability. Neither issuance of a permit under the provisions of this Chapter nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the County for damage to any person or property.

(Ord. No. 1624)

(a)

Grading permit; filing of application. Applications for permits shall be filed with the Community Development and Services Agency on forms furnished by that department. Each application shall include a plan-checking fee and other fees as required, grading plans and a statement of the intended use of the site. The Community Development and Services Agency shall determine whether the application is complete or whether additional information is required from the applicant. The applicant shall be notified within 20 working days, and provided outstanding requirements in writing if the application is deemed incomplete.

(b)

Grading permit; fees. The schedule of fees and costs shall be those established in Section 13.20.600 of the County Code. Before a permit is issued, the applicant shall deposit with the Community Development and Services Agency cash or a check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with schedules established and adopted by the Board.

(1)

Public utilities may, at the option of the Community Development and Services Agency, make payment for grading permit fees as billed instead of by advance deposit.

(2)

Any person, firm or corporation doing grading work in violation of this Chapter or when such work is not done in accordance with an approved permit, a fee covering investigation of any violation and inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs and any permitting fees shall be double the regular fee.

(c)

Zoning clearance and compliance with CEQA. The California Environmental Quality Act (Public Resources Code § 21000 et seq.) (CEQA) and the Community Development and Services Agency may require the preparation of environmental documents concerning a proposed grading project. Any required review from the Environmental Health Department, or zoning clearance from the Planning Department must be completed before the grading permit application will be deemed complete.

(d)

Grading permit; notice to adjacent utility owners. Applicant shall contact Underground Service Alert (USA) prior to digging.

(e)

Grading permit; referral to other public agencies. The Community Development and Services Agency may refer an application to other interested public agencies for their recommendations. All grading plans on properties within Reclamation District 784 require review and approval of that District before a permit will be issued.

(f)

Grading permit; conditions. No permit shall be granted unless the project conforms to the Yuba County General Plan, any community or specific plans adopted thereto and applicable Yuba County ordinances including the zoning ordinance.

(1)

Where a proposed grading project requires the filing of a tentative map or the intended use requires approval, no grading permit shall be granted prior to approval by the applicable planning authority.

(2)

If the County has reasonable cause to believe that Federal and/or State permits may be necessary for the project, no County permit shall be granted until permits are obtained from those other agencies and copies of which shall be provided to the County. If no permits are required from other agencies, written notification from those agencies shall be submitted to the Community Development and Services Agency prior to County granting the permit.

(3)

The permit shall be limited to work shown on the grading plans as approved by the Community Development and Services Agency. In granting a permit, the Community Development and Services Agency may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a hazard to public or private property, prevent erosion and to ensure proper completion of the grading, including but not limited to:

a.

Mitigation of adverse environmental impacts as disclosed by any environmental document findings. This includes the proper disposal of any hazardous material identified in the initial planning phase. The Director of Environmental Health or the Director of the Office of Emergency Services will approve hazardous materials management;

b.

Improvement of any existing grading to comply with the standards of this Chapter;

c.

Requirements for fencing or other protections of grading which would otherwise be hazardous;

d.

Requirements for dust, erosion, sediment and noise control, and hours of operation and season of work, weather conditions, sequence of work, access roads and haul routes;

e.

Requirements for safeguarding watercourses, whether natural or man-made, from excessive deposition of sediment or debris in quantities exceeding natural levels;

f.

Requirements for safeguarding areas reserved for on-site sewage disposal;

g.

Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;

h.

Requirements for safeguarding existing water wells; and,

i.

Requirements for projects that fall within the MS4 boundary and that create or replace 2,500 square feet or more of impervious surface as specified in Chapter 7.50, Stormwater Quality.

(4)

Right of entry. As a condition of the permit, the property owner shall grant the County a right of entry for the duration of the permit until after final inspection. Whenever necessary to enforce the provisions of this Chapter, the Public Works Director or designee may enter the premises to perform any duty imposed by this Chapter.

(g)

Permission of other agencies or owners. No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the County, state or federal government or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. Proof of issuance of applicable public agency permits may be required before the issuance of a grading permit.

(h)

Location of property lines. Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer licensed to practice land surveying or resolution of title, all at the expense of the applicant, may be required by the Community Development and Services Agency.

(i)

Time limits.

(1)

The permittee shall perform and complete all the work required by the permit within time limits specified in the permit. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Community Development and Services Agency no later than 30 days prior to the expiration of the permit. The Community Development and Services Agency may grant additional time for the permitted work to be completed.

(2)

If all of the permit work required is not completed within the time limit specified in Subsection (I)(1) of this Section, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the Public Works Director who may require a new application and fees depending upon the time between the expiration date and the renewal request, revisions in County regulations, and/or changed circumstances in the immediate area. Any revised plan shall be submitted to the Community Development and Services Agency for review, and any costs thereof shall be at the applicant's expense.

(j)

Grading permit; effect. The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this Chapter or of any other applicable laws, ordinances, rules or regulations.

(k)

Appeals. Appeals of decisions may be made pursuant to the procedures of Section 11.53.150, Appeals and Calls for Review.

(l)

Transfer. No permit issued under this Chapter may be transferred or assigned in any manner whatsoever, without the express written consent of the Community Development and Services Agency.

(m)

Grading prior to approval of improvement plans. Property owners who have an approved tentative map and wish to grade prior to the approval of the improvement plans shall submit an application for a grading permit and shall comply with the following requirements:

(1)

A separate grading plan shall be submitted for review and approval by the Community Development and Services Agency. This plan shall conform to the requirements of this grading ordinance and any applicable conditions placed on the project as a result of any formal discretionary permit process. The applicant shall acknowledge that any additional grading or revisions to work necessitated by conflicts discovered during the improvement plan check or subsequent construction will be corrected solely at the applicant's expense.

(2)

When deemed necessary by the Community Development and Services Agency, the property owner shall submit a revegetation and winterization plan for review and approval. This plan shall include a performance agreement with Yuba County which includes a specific schedule for performance of the subject grading, an engineer's estimate of cost for implementing the plan, and cash or other approved form of security to ensure the timely performance of the plan.

(3)

Plan check fees shall be required in full at time of plan submittal. Inspection fees shall be required in full prior to issuance of grading permit.

(4)

A drainage report shall be required as per the requirements of this grading ordinance and the Yuba County development standards.

(n)

Work completion.

(1)

The permittee shall notify the Community Development and Services Agency upon work completion and request a final inspection. All permitted grading activities shall be subject to final inspection by the Community Development and Services Agency.

(2)

Upon determination by the Public Works Director that all work has been completed in substantial conformance to the grading plan and associated requirements, a "Completion Notice" shall be issued by the Community Development and Services Agency.

(3)

Issuance of a "completion notice" does not relieve the permittee of responsibility for compliance with all grading permit requirements. Issuance of a "completion notice" should not be construed as modifying any permit requirements or relieving the permittee of responsibilities for satisfactory work completion.

(4)

No certificate of occupancy shall be issued for a permitted structure until the Public Works Director has issued a "completion notice" pursuant to this Section. The owner may be required to post an approved security with Public Works in sufficient amount, as determined by the Public Works Director, to ensure satisfactory completion of any ancillary work within a specified period of time.

(o)

Denial of other permits. No building permit, septic, electrical permit, or any other permit shall be issued by the County to any person for any premises or portion thereof which is in violation of this Chapter.

(Ord. No. 1624)

(a)

Grading plans.

(1)

Each application for a grading permit shall include the following:

a.

A completed application form;

b.

Two complete sets of grading plans. More may be required upon request;

c.

Profiles, cross sections, and specifications as required;

d.

A complete drainage report as required by the Community Development and Services Agency;

e.

The application fee as determined by the Board of Supervisors;

f.

Where applicable, evidence of coverage, or application for coverage, under an NPDES general construction permit;

g.

Storm Water Pollution Prevention Plan (SWPPP) with a State issued W.D.I.D. number, if applicable.

(2)

The plans and other documents will be reviewed by the Community Development and Services Agency. The applicant and/or project engineer will be notified of any necessary changes to the plans. When the plans and other documents have been approved by the Community Development and Services Agency, a grading permit will be issued for the project. All work must be done in strict conformance with the approved plans and documents. The approved plans shall not be changed or altered except in accordance with the provisions of this Chapter.

(b)

Engineer required. All plans and specifications shall be prepared and signed by a registered civil engineer, however the Community Development and Services Agency may waive this requirement if the proposed grading does not:

(1)

Endanger the public health, safety and welfare;

(2)

Require cuts and fills involving a combined total of 5,000 cubic yards of dirt or more;

(3)

Require cut or fill depths exceeding ten feet;

(4)

Include an access road serving five or more existing or potential residences;

(5)

Require a cut or fill that is situated so as to cause unduly increased soil pressure or reduce earth support upon adjacent structure or property;

(6)

Include the construction of any drainage or sediment control structures, culverts, or facilities or substantial alteration of any existing drainage course;

(7)

Include the creation or aggravation of an unstable slope condition;

(8)

Require construction of any retaining wall over four feet in height;

(9)

Include the construction of a vehicular bridge.

(c)

Engineered grading plans. Grading plans and specifications shall be prepared and signed by a registered civil engineer, as provided herein.

(1)

The plans shall include the following:

a.

All plans shall be on 24-inch by 36-inch sheets unless otherwise approved, and shall be drawn at a scale no less than one inch equals 100 feet;

b.

A title block. Plans shall be entitled "grading plan" and state the purpose of the proposed grading and the name of the engineer or firm by whom this plan is prepared, owner's name and address, and site address;

c.

A vicinity sketch (not at map scale) indicating the location of the site relative to the principal roads, lakes and watercourses in the area;

d.

North arrow and scale;

e.

A site plan indicating the extent of the work and any proposed divisions of land;

f.

The complete site boundaries and locations of any easements and rights-of-way traversing or adjacent to the property;

g.

The location of all existing or proposed roads, buildings, wells, pipelines, watercourses, septic systems or areas reserved for on-site sewage disposal, and any other structures, facilities, and features of the site, as well as the location of all improvements on lots within 50 feet of the proposed work;

h.

Location and nature of known or suspected soil or geologic hazard areas, including but not limited to serpentine rock areas, landslides, etc.;

i.

Accurate contour lines of the existing terrain and proposed finished grade at intervals not greater than five feet, or spot elevations 25 feet on center showing all topographic features and drainage patterns throughout the area where the proposed grading is to occur relative to a bench mark established on site. The contour lines/spot elevations shall be extended to a minimum of 50 feet beyond the affected area, and further, if needed, to define intercepted drainage, and shall be extended a minimum of 100 feet outside of any future road right-of-way. Contour lines or spot elevations shall be shown for all neighboring properties to verify surrounding drainage patterns;

j.

Approximate location of cut and fill line extents and finished slopes of all proposed grading and the limits of all proposed grading work, including borrow and stockpile areas;

k.

Location, width, direction of flow and approximate location of any watercourses including tops and toes of banks;

l.

Approximate boundaries of any areas with histories of flooding;

m.

Cross sections, profiles, elevations, dimensions, and construction details based on accurate field data;

n.

Construction details for roads, watercourses, culverts, bridges and drainage devices, retaining walls, cribbing, dams, and other improvements existing or to be constructed, together with supporting calculations and maps

as may be required after initial review of plans;

o.

Proposed provisions for storm drainage control and any existing or proposed flood control facilities or septic tank disposal fields or areas reserved for on-site sewage disposal near the grading;

p.

A detailed erosion and sediment control plan including specific locations, construction details, and supporting calculations for temporary and permanent sediment control structures and facilities;

q.

A revegetation plan, including temporary erosion control plantings, permanent slope plantings, replacement of temporary groundcover, and irrigation facilities;

r.

All natural features including wetlands, vernal pools, swales, streams, oak woodlands and any other features protected by County, state or federal regulations;

s.

Any oak tree five inches or greater in diameter at breast height (DBH) proposed for removal;

t.

An estimate of the total quantities of excavation and fill, not net quantity;

(2)

Additional supporting information which may be required includes, but is not limited to:

a.

The location of any borrow site or location for disposal of surplus material;

b.

A projected schedule of operations, including, as a minimum, the dates of:

1.

Commencement of work,

2.

Start and finish of rough grading,

3.

Completion of drainage facilities,

Completion of work in any watercourse,

5.

Completion of erosion and sediment control facilities,

6.

Completion of hydromulching and other landscaping. If rough grading is proposed between October 1 and April 30, a more detailed schedule of grading activities and use of erosion and sediment control facilities may be required;

c.

Itemized cost estimate of the proposed grading and related work;

d.

A complete drainage study in conformance with the Yuba County Standards and RD 784 Standards (when applicable);

e.

Geotechnical investigation report and recommendations addressing the proposed work.

(d)

Retention of approved plans. One set of approved plans and specifications shall be provided by the applicant, unless additional sets are requested, and retained by the Community Development and Services Agency.

(e)

Modification of approved plans.

(1)

Proposed modifications of an approved final plan shall be submitted to the Community Development and Services Agency in writing for approval, unless included in improvement plans submitted for approval.

(2)

All necessary soils and geological information and design details shall accompany any proposed modification.

(3)

The modification shall be compatible with any subdivision map or land use requirements.

(f)

Seasonal requirements. Implementation of erosion and sediment control plans shall be based on the season of the year and the stage of construction at forecasted periods of rainfall and heavy storms. Erosion and sediment

control plans shall allow for possible changes in construction scheduling, unanticipated field conditions, and relatively minor changes in grading. Modifications to plans may be required after plan acceptance.

(Ord. No. 1624)

(a)

Geotechnical investigation required. A soil or geologic investigation report shall accompany the application in any of the following circumstances when required by the Public Works Director:

(1)

When the proposed grading includes a cut or fill exceeding ten feet in depth at any point; however, for vehicular ways, a soil investigation shall not be required unless the grading includes a proposed cut or fill that exceeds ten feet in depth and the slope of the natural ground exceeds 30 percent;

(2)

When highly expansive soils are present; and

(3)

In areas of known or suspected geological hazards, including landslide hazards and hazards of ground failure stemming from seismically induced ground shaking.

(b)

Required investigators; basis of investigations.

(1)

Those portions of the soil or geologic investigation that constitutes "civil engineering" as defined by Business and Professions Code § 6734 shall be conducted by or under the direct supervision of a registered geotechnical engineer or a registered civil engineer. Those portions of the investigation that involve the practice of "geology" as defined by Business and Professions Code § 7802 shall be conducted by an engineering geologist.

(2)

The investigations shall be based on observations and tests of the material exposed by exploratory borings or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability, keying, subdrainage benching and other factors. Grading factors such as moisture variability, ability to compact the material when wet, etc., should be evaluated.

(c)

Supplemental reports and data. Any soil or geologic investigation report shall be subject to the approval of the Community Development and Services Agency who may require supplemental reports and data. Recommendations included in the reports and approved by the Community Development and Services Agency shall be incorporated in the final plans and specifications.

(d)

Soil/geologic investigation report. The soil or geologic investigation report shall contain all of the following, as they may be applicable to the subject site:

(1)

An index map showing the regional setting of the site;

(2)

A site map which shows the topographic features of the site and locations of all soil borings and test excavations;

(3)

A classification of the soil types (unified soil classification), pertinent laboratory test data and consequent evaluation regarding the nature, distribution, and strength of existing soils;

(4)

A description of the geology of the site and geology of the adjacent areas when pertinent to the site;

(5)

A suitably scaled map and cross sections showing all identified areas of land slippage;

(6)

A description of any encountered groundwater or excessive moisture conditions;

(7)

A description of the soil and geological investigative techniques employed;

(8)

A log for each soil boring and test excavation showing elevation at ground level and the depth of each soil or rock strata;

(9)

An evaluation of the stability of pertinent natural slopes and recommendations regarding maximum cut and fill slopes of proposed work;

(10)

An evaluation of settlement associated with the placement of any fill;

(11)

Recommendations for grading procedures and specifications, including methods for excavation and subsequent placement of fill;

(12)

Recommendations regarding surface and subsurface drainage and erosion control;

(13)

Recommendations for mitigation of geologic hazards.

(e)

Final report. Upon completion of rough grading work, in the event a complete record of the work is desired or necessary, the Community Development and Services Agency may require a final geotechnical report that includes, but is not limited to the following:

(1)

A complete record of all field and laboratory tests including location and elevation of all field tests;

(2)

A professional opinion regarding slope stability, soil bearing capacity, and any other pertinent information;

(3)

Recommendations regarding foundation design, including soil bearing potential and building restrictions or setbacks from the top or toe of slopes;

(4)

A declaration by the geotechnical engineer, civil engineer or engineering geologist in the format required by the Community Development and Services Agency that all work was done in substantial conformance with the recommendations contained in the soil or geologic investigation reports as approved and in accordance with the approved plans and specifications.

(f)

Changed conditions. Where soil or geologic conditions encountered in the grading operation deviate from that anticipated in the soil and geologic investigation reports or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for the approval of the Community Development and Services Agency.

(g)

Special inspection.

(1)

As a condition of the permit, the Community Development and Services Agency may require the permittee to retain a private geotechnical engineer or civil engineer to directly supervise or perform continuous inspection work, and upon completion of the work to provide a written statement acknowledging that he or she has inspected the work and that in his or her professional judgment the work was performed in accordance with the approved plans and specifications. The permittee shall make his or her own contractual arrangements for such

services and shall be responsible for payment of all costs. Continuous inspection by a geotechnical engineer or civil engineer shall include, but not be limited to, the following situations:

a.

During the preparation of a site for the placement of fills which exceed five feet in depth on slopes which exceed ten percent and during the placing of such fills; however, for vehicular pathways, fill placement shall be continuously inspected when fills exceed ten feet in height;

b.

During the preparation of a site for the placement of any fill which is intended to support any building or structure when the fill exceeds three feet in depth;

c.

During the installation of subsurface drainage facilities.

(2)

Reports filed by the private geotechnical engineer or civil engineer regarding special inspection shall confirm in writing that from his or her personal knowledge the work performed during the period covered by the report has been performed in substantial accordance with the approved plans and specifications.

(3)

The use of a private geotechnical engineer or civil engineer for inspections shall not preclude the Community Development and Services Agency from conducting inspections or from authorizing inspections by other qualified inspectors as may be necessary.

(h)

Noncompliance notification by private geotechnical engineer or civil engineer. The permittee shall cause the work to be done in accordance with the approved plans. If, during the course of construction, the private geotechnical engineer or civil engineer finds that the work is not being done substantially in accordance with the approved plans and specifications, he or she shall immediately notify the person in charge of the work and the Community Development and Services Agency of the non-conformity and the corrective measures to be taken. When changes in the plans are required, he or she shall prepare or cause to be prepared such proposed changes and submit them to the Community Development and Services Agency for approval.

(i)

Periodic progress reports by private geotechnical engineer or civil engineer. As a condition of the permit, periodic progress reports shall be rendered by the private geotechnical engineer or civil engineer as required by the Community Development and Services Agency including, but not limited to, laboratory tests, slope stability, placement of materials, retaining walls, drainage, utilities and any special permit or plan requirements.

(j)

Progress report by permittee. Periodic progress reports shall be rendered by permittee on specified calendar dates and at commencement and completion of major key grading and erosion and sediment control

operations. The dates of operations upon which such reports are required and their content shall be as required in the permit by the Community Development and Services Agency.

(k)

Record drawings. Permittee shall submit to the Community Development and Services Agency a record drawing of the final grading following completion of the work, if requested.

(l)

Performance of work; inspection/certification.

(1)

The Community Development and Services Agency may inspect any work, or require certification by private engineer of any work, done under a grading permit. County inspections will continue and no permittee shall be deemed to have complied with this Chapter unless one of the following has occurred:

a.

After receiving a Notice of Termination signed by the State of California (if applicable), a final inspection has been performed by the Yuba County Public Works Department with the work done under the grading permit accepted as complete; or

b.

Certification of completion by the civil engineer, or the geotechnical engineer of record, has been submitted to and accepted by the Public Works Director; or

c.

The final inspection has been waived in writing by the Public Works Director.

(2)

The permittee shall provide adequate access to the site for inspection by the Community Development and Services Agency during the performance of all work and for a minimum period of one year after completion of the work.

(3)

If the engineer of record is changed during the grading, the work shall be stopped until the replacement engineer has agreed in writing to accept his responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Public Works Director in writing of such change prior to the recommencement of such grading.

(4)

Owner, developer, and contractor are responsible for the maintenance of all erosion and sediment control measures using best management practices on the project site until accepted as complete by Public Works Department.

(m)

Other responsibilities of permittee. The permittee shall also be responsible for the following:

(1)

Protection of utilities. The permittee shall be responsible for the prevention of damage to any public utilities or services. Contractor shall notify USA North, and all other facility owners that are not members of USA North, two working days in advance of any digging. Also, see Section 2.8 of the County of Yuba Standard Specifications.

(2)

Protection of adjacent property. The property owner is responsible for the prevention of damage to adjacent properties. No person(s) shall excavate or fill on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property, or easement, without supporting and protecting such property from damage which may result.

(3)

Advance notice. The permittee shall notify the Community Development and Services Agency at least 48 hours prior to the start of work.

(4)

Erosion and sediment control. It shall be the responsibility of the permittee to control discharge of sediment from the site to any watercourse, drainage system, or adjacent property and to protect watercourses and adjacent properties from damage by erosion, flooding or deposition of sediment which may result from the permitted grading.

(5)

Hazardous materials control. It shall be the responsibility of the permittee to prevent discharge of hazardous materials from the site to any watercourse, drainage system, or adjacent property, and to protect watercourses and adjacent properties from damage by hazardous materials, which may result from the permitted grading.

(Ord. No. 1624)

(a)

Excavations. Excavations shall be constructed or protected so that they do not endanger life, limb or property.

(b)

Excavation slope. The slope of cut surfaces of permanent excavations shall not be steeper than two feet horizontal to one foot vertical (2:1) exclusive of terraces and exclusive of rounding described herein. Steeper slopes will be permitted in competent bedrock provided such slope inclinations are in accordance with recommendations contained in the geotechnical or geological report. The bedding planes, foliation planes or principal joint sets in any formation when dipping towards the cut face shall not be day lighted by the cut slope unless the soils and geologic investigations contain recommendations for steeper cut slopes. Cut slopes shall

be rounded into the existing terrain to produce a contoured transition from cut face to natural ground. Slopes no steeper than three feet horizontal to one foot vertical (3:1) may be required by the Community Development and Services Agency.

(c)

Placement of fill. Fills shall be constructed in layers. The loose thickness of each layer of fill material before compaction shall not exceed 12 inches. Completed fills shall be stable masses of well-integrated material bonded to adjacent materials and to the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes shown on the plans. Proper surface and subsurface drainage and other appropriate measures shall be taken to ensure the continuing integrity of fills. Earth materials shall be used which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than 12 inches. Larger material may be used with the approval of the Community Development and Services Agency and the geotechnical engineer.

(d)

Compaction of fill. All fills shall be compacted throughout their full extent to a minimum of 90 percent of maximum density as determined by the appropriate Caltrans standard method or other alternate methods approved by the Community Development and Services Agency. Tests to determine the density of compacted fills shall be made on the basis of not less than one test for each two-foot vertical lift of the fill but not less than one test for each 1,000 cubic yards of material placed. More frequent testing may be required by the Community Development and Services Agency. Additional density tests at a point approximately one foot below the fill slope surface shall be made on the basis of not less than one test for each 1,000 square feet in slope surface but not less than one test for each ten-foot vertical increase of slope height. All tests shall be reasonably uniformly distributed within the fill or fill slope surface. Results of such testing and location of tests shall be presented in the periodic and final reports. Compaction may be less than 90 percent of maximum density, as determined by the above test, within six inches of the slope surface when such surface material is placed and compacted by a method acceptable to the Community Development and Services Agency for the planting of the slopes. Compaction of temporary stockpile fills, to be used for a period of not greater than six months, shall not be required, except where the Community Development and Services Agency determines that compaction is necessary as a safety measure to aid in preventing saturation, sliding, or erosion of the fill. Higher compaction densities will be required for roads.

(e)

Ground preparation for placement of fill. The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, and other unsuitable material, and where slopes are six feet horizontal to one foot vertical (6:1) or steeper, by benching into competent material in a manner acceptable to the Community Development and Services Agency. The keyway under the toe, if specified, shall be at least 15 feet wide unless otherwise approved by the Public Works Director.

(f)

Fill slopes. The slope of permanent fills shall not be steeper than two feet horizontal to one foot vertical (2:1), exclusive of terraces and exclusive of roundings described herein, unless a soils report supports a steeper slope as recommended by the geotechnical engineer. The Community Development and Services Agency may require that the fill be constructed with an exposed surface flatter than two feet horizontal to one foot vertical (2:1) or may require such other measures as he or she deems necessary for stability and safety.

(g)

Adjacent structures protection. Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by such fill or surcharge. The rights of coterminous owners shall be as set forth in Civil Code § 832.

(h)

Setbacks. Unless otherwise recommended in this Chapter or in a soil or geologic investigation report and accepted by the Community Development and Services Department, this Code, and the latest County adopted version of the California Building Code shall be used for establishing setbacks for property boundaries, buildings and structures other than fences and retaining walls.

(i)

Drainage; structures or devices. Any drainage structure(s) or device(s) carrying surface water runoff required by this Chapter shall be designed and constructed in accordance with standards herein, the Yuba County Stormwater Quality Ordinance (Chapter 8.28), the Yuba County Standard Specifications and criteria authorized by the Public Works Director.

(j)

Drainage; discharge requirements.

(1)

All drainage facilities shall be designed and engineered to carry surface and subsurface waters to the nearest adequate street, storm drain, natural watercourse, or other juncture.

(2)

For engineered grading projects, the peak off-site storm water discharge from the project site shall not exceed pre-construction conditions unless the applicant demonstrates that downstream storm water conveyance systems have sufficient capacity to handle the increased flow rate without exceeding established design standards.

(k)

Drainage; water accumulation. All areas shall be graded and drained so that drainage will not cause erosion or endanger the stability of any cut or fill slope or any building or structure.

(l)

Drainage; protection of adjoining property. Discharging surface drainage onto neighboring properties shall be into historical drainage patterns and in such a manner that will not cause erosion or endanger any cut or fill slopes or any building or structure. Grading activities shall not redirect surface drainage from the site onto neighboring private properties that historically did not receive the drainage. Grading activities shall also not block or prevent drainage from neighboring properties that historically drained onto the property being graded.

(m)

Drainage; terrace drainage. Terraces at least eight feet in width shall be established at not more than 25 feet in height intervals for all cut and fill slopes exceeding 30 feet in height. Where only one terrace is required, it shall be at approximately mid-height. Suitable access shall be provided to permit proper cleaning and maintenance of terraces and terrace drains. Swales or ditches on terraces shall have a minimum depth of one foot, a minimum longitudinal grade of four percent, and a maximum longitudinal grade of 12 percent. Down-drains or drainage outlets shall be provided at approximately 300-foot intervals along the drainage terrace. Down-drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal. If the drainage discharges onto natural ground, adequate erosion protection shall be provided.

(n)

Drainage; subsurface drainage. Cut and fill slopes shall be provided with surface and/or subsurface drainage as necessary for stability.

(o)

Erosion and sediment control.

(1)

Regardless of whether or not a grading permit is required, all grading and earthwork activities within unincorporated Yuba County shall employ best management practices to minimize erosion and to control sediment discharges to the maximum extent practicable in accordance with Yuba County standards, acceptable industry standards, and the most recently adopted version of the State Water Resources Control Board's "General Permit for Discharge of Storm Water Associated with Construction Activities."

(2)

The following shall apply to the control of erosion and sediment from grading operations:

a.

Grading plans shall be designed with long-term erosion and sediment control as a primary consideration. Erosion prevention and source control are to be emphasized over sediment controls and treatment.

b.

Grading operations shall provide erosion and sediment control measures, except upon a clear demonstration, to the satisfaction of the Community Development and Services Agency that at no stage of the work will there be any substantial risk of increased sediment discharge from the site. Temporary mulch, revegetation, or other stabilization methods shall be applied to areas where permanent revegetation or landscaping cannot be immediately implemented. Unless otherwise exempted in this Chapter, grading activity must be scheduled to ensure completion or winterization by October 1 of each year.

c.

Grading activity shall be conducted such that the smallest practicable area of erodible land is exposed at any one time during grading operations and the time of exposure is minimized. Land disturbance shall be limited to

the minimum area necessary for construction.

d.

Natural features, including vegetation, terrain, watercourses and similar resources shall be protected and preserved wherever possible. Limits of grading shall be clearly defined and marked to prevent damage by construction equipment.

e.

Permanent vegetation and structures for erosion and sediment control shall be installed as soon as possible.

f.

Adequate provision shall be made for effective maintenance of temporary and permanent erosion and sediment control structures and vegetation. Sediment and other construction-related wastes shall be retained and properly managed on the site or properly disposed of off-site.

g.

Community Development and Services Agency may require that no topsoil shall be removed from the site. Topsoil overburden shall be stockpiled and redistributed where appropriate within the graded area after rough grading to provide a suitable base for seeding and planting. Runoff from the stockpiled area shall be controlled to prevent erosion and resultant sedimentation of receiving water.

h.

Runoff shall not be discharged from the site in quantities or at velocities substantially above those which occurred before grading except into drainage facilities, whose design has been specifically approved by the Community Development and Services Agency.

i.

The permittee shall take reasonable precautions to ensure that vehicles do not track or spill earth materials into public streets and shall immediately remove such materials if this occurs.

j.

All cut and fill slopes shall be adequately stabilized to prevent erosion and failure through temporary and permanent means.

k.

Control measures shall be employed to prevent transport of dust off the project site or into any drainage course or water body.

l.

Following construction, property owners shall maintain sedimentation and erosion control measures as may be required to reduce off-site discharges of sediment to the maximum extent practicable. As provided for in Section 11.23.080, Improvement Security Required, of this Chapter, the Community Development and Services

Agency may require posting of security to ensure adequate development of necessary erosion and sedimentation control measures, including vegetative cover on cut and fill slopes.

(p)

Erosion and sediment control plans. Erosion and sediment control plans prepared pursuant to this Chapter shall comply with all of the following:

(1)

The erosion and sediment control plan need not be a separate sheet if all facilities and measures can be shown on the grading sheets without obscuring the clarity of either the grading plan or the erosion and sediment control plan.

(2)

An erosion and sediment control plan shall be required whenever:

a.

The graded portion of the site includes more than 10,000 square feet of area having a slope greater than ten percent;

b.

Clearing and grubbing areas of one acre or more regardless of slope;

c.

There is a significant risk that more than 2,500 square feet will be unprotected or inadequately protected from erosion during any portion of the rainy season;

d.

Grading will occur within 50 feet of any watercourse;

e.

The Community Development and Services Agency determines that the grading will or may pose a significant erosion, or sediment discharge hazard for any reason.

(3)

Sediment and erosion control measures must be in place or be capable of being placed within 24 hours, in the opinion of the Public Works Director, by October 1 or before any rain event. The Public Works Director may require suspension of any and all grading activities between October 1 and May 1 without prior notice.

(4)

Erosion and sediment control plans shall include an effective revegetation program to stabilize all disturbed areas, which will not be otherwise protected. All such areas where grading has been completed between April 1 and October 1 shall be planted by November 1. Graded areas completed at other times of the year shall be planted within 15 days of final soil disturbance or as approved by the Public Works Director. If revegetation is

infeasible or cannot be expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds 2,500 square feet, additional erosion and sediment control measures or irrigation of planted slopes may be required as appropriate to prevent increased sediment discharge.

(5)

Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of grading and development from initial disturbance of the ground to installation of all post-construction requirements at project completion. Every feasible effort shall be made to ensure that site stabilization is permanent. Plans shall indicate the implementation period and the stage of construction where applicable.

(6)

Erosion and sediment control plans shall comply with the recommendations of the responsible civil engineer, geotechnical engineer, engineering geologist, or landscape architect involved in preparation of the grading plans.

(7)

The structural and hydraulic adequacy of all stormwater containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a registered civil engineer, and he or she shall so attest on the plans. Sufficient calculations and supporting material to demonstrate such adequacy shall accompany the plans when submitted.

(8)

Erosion and sediment control plans shall be designed to meet anticipated field conditions.

(9)

Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment cleanout and vegetation maintenance criteria.

(10)

Erosion and sediment control plans shall comply with any and all standards and specifications adopted herein for the control of erosion and sedimentation on grading sites.

(q)

Emergency conditions. Should increased sediment discharge occur or become imminent, the permittee shall take all necessary steps to control or reduce such discharge. Such steps may include construction of additional facilities or removal or alteration of facilities required by approved erosion and sediment control plans. Facilities removed or altered shall be restored as soon as possible afterward or appropriate changes in the plan shall be immediately required pursuant to this Chapter. The permittee shall take prompt action to resolve emergency problems; otherwise the Community Development and Services Agency may institute abatement proceedings pursuant to provisions of Section 11.23.080, Improvement Security Required.

(r)

Vehicular ways. Vehicular ways shall conform to the grading requirements of this Chapter. Vehicular ways shall be graded and drained in such a manner that will not allow erosion or endanger the stability of any adjacent slope. Surface discharge onto adjoining property shall be controlled in such a manner that it does not cause erosion or endanger existing improvements. Bridges and culverts installed in watercourses must be reviewed by the Community Development and Services Agency and must be approved by the Public Works Director or designee and any other required permitting agency.

(Ord. No. 1624)

(a)

As a condition for the issuance of a permit, the Community Development and Services Agency may require the deposit of improvement security in sufficient amount deemed necessary to ensure performance of the work in the event of default on the part of permittee.

(b)

For all projects, the improvement security shall remain in effect until final inspections have been made and all grading work has been approved by the Community Development and Services Agency.

(c)

In addition to the improvement security, the Community Development and Services Agency may also require the deposit of maintenance security in sufficient amount deemed necessary to guarantee and maintain the grading work and to ensure the proper functioning of drainage systems and adequate erosion and sedimentation control. Such maintenance security shall be in a form acceptable to Yuba County and shall remain in effect for a period of one year after the date of acceptance of the improvements as designated in Subsection (b) above and this Subsection (c).

(d)

Required securities shall be in the form of cash, a certified or cashier's check, a letter of credit, a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this State, or other instrument approved by the Community Development and Services Agency. All securities shall be payable to the Yuba County Community Development and Services Agency.

(e)

Upon satisfaction of applicable provisions of this Chapter, the improvement and maintenance security deposits will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the County may do the required work, or cause it to be done and collect from the permittee, or surety, all costs incurred thereto, including administrative, inspection and legal costs.

(Ord. No. 1624)

Violations of this Chapter shall be enforced pursuant to Chapter 11.67, Enforcement and Abatement Procedures.

(1)

Investigation fees; work without a permit. Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining the permit, the Public Works Director shall require an investigation before issuing a permit for such work. In this case, the violator shall be charged for the department's labor and costs incurred during the investigation, in addition to paying double the standard permit fees.

(Ord. No. 1624)

CHAPTER 11.24 - LANDSCAPE

The purposes of the landscaping regulations are to:

(1)

Create an aesthetically pleasing boundary between residential, commercial and industrial uses and roadways;

(2)

Promote development of an attractive, aesthetically pleasing environment;

(3)

Screen undesirable views and help define and organize public and private spaces;

(4)

Improve the air quality by replenishing oxygen and reducing smog;

(5)

Conserve energy by shading homes, commercial and industrial buildings, roads, and parking lots;

(6)

Improve property values by improving the appearance of the community;

(7)

Promote business and industry by improving image and public acceptance;

(8)

Ensure consistency with State law, including the Water Conservation in Landscaping Act of 2006 (AB 1881 also known as the California Model Water Efficient Landscape Ordinance);

(9)

Require ongoing maintenance of landscaping; and

(10)

Provide information so that plant materials can be appropriately selected and properly used.

(Ord. No. 1624)

The standards of this Chapter apply to all new development, additions (other than to single-unit dwellings or duplexes) that expand existing floor area by 25 percent or more, or changes in use excluding landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system. In addition, projects are also subject to the landscape guidelines provided in the Yuba County Design Guidelines.

(Ord. No. 1624)

11.24.030. - Areas required to be landscaped within the valley growth boundary.

(a)

Street facing property lines.

(1)

Residential developments. All front and street-side yard setback areas shall be landscaped. At least one deciduous street tree from the approved tree list shall be planted per 40 lineal feet of frontage. Where detached sidewalks are provided, landscaping and street trees shall be provided in the area between the sidewalk and curb.

(2)

Development in commercial and mixed-use districts, industrial districts, and public, semi-public, and special use districts.

a.

A perimeter planter at least five feet wide, excluding curbing, shall be provided adjacent to street rights-of-way and buildings with exception of the downtown core district. Where parking is located adjacent to a public rightof-way, the landscape planter shall be at least ten feet wide with the exception of mixed-use corridors identified in the General Plan. Along the mixed-use corridors identified in the General Plan, alternative landscape plans for street frontages that include a combination of tree wells, landscape planters, plaza/seating areas, outdoor furniture, and/or public art may be approved as part of a streetscape plan or individual project design.

b.

Any area within the street right-of-way between the edge of the sidewalk or road shoulder and outer edge of the property shall be landscaped with trees, shrubs, and groundcover, unless the requirement is waived by the Public Works Director.

c.

At least one deciduous street tree from the approved tree list (see Yuba County design guidelines) shall be planted per 40 lineal feet of frontage. Trees shall be planted pursuant to the Street Tree Specifications listed in the Yuba County Standards Manual.

d.

Within the downtown core district, new developments shall provide and maintain irrigated planter boxes, trees within irrigated tree wells and/or decorative pots with plants adjacent to the front building facade.

(b)

Interior property lines abutting residential district or uses. Wherever a non-residential use is located adjacent to a residential district, a landscaped area at least ten feet wide shall be provided along interior property lines. The landscaped area shall include a mix of trees and shrubs with at least 50 percent consisting of evergreen species and at least one tree shall be planted per 30 lineal feet. When appropriate, paseos or other pedestrian access points within the landscape area may be approved through the design review permit. In certain circumstances, walls may also be required for noise attenuation or to address potential safety or compatibility issues.

Figure 11.24.030(b): Interior Property Lines

==> picture [232 x 275] intentionally omitted <==

(c)

Building perimeters. The portions of a nonresidential building that front a parking area or plaza shall have one or more landscape planters installed along a minimum 20 percent of such building face(s). The minimum width of the planter shall be five feet.

Figure 11.24.030(c): Building Perimeters

==> picture [232 x 217] intentionally omitted <==

(d)

Parking lot. Parking areas shall be landscaped according to the requirements of Section 11.25.100, Design Standards for Parking Lots.

(Ord. No. 1624)

11.24.040. - Areas required to be landscaped outside the valley growth boundary.

(a)

Agricultural districts, rural community districts, and natural resource districts that have commercial, industrial, public/semi-public, ranch marketing, or transportation uses shall provide landscaping in the following areas:

(1)

Parking areas abutting public roads shall provide a minimum five-foot wide landscape planter adjacent to the right-of-way except where driveways are installed. Within the planter there shall be at least one tree planted in an irrigated and landscaped area for each 40 feet of street frontage.

a.

Required landscaping shall include varied tree and plant species with focus on native plant species. Landscape areas not covered with live plant material shall be covered with gravel, landscaping rock, concrete, decomposed granite, or other fire-resistant material.

(2)

Where paved parking areas are required, landscape planters shall be provided as outlined in Section 11.25.100. (2)m, Parking Lot Landscaping.

(3)

Landscape planters may be required as determined through a discretionary permit to address noise, safety, or compatibility issues with adjacent properties.

(Ord. No. 1624)

(a)

Applicability. This Section shall apply to all zone districts and projects that are subject to the landscape requirements listed in Sections 11.24.030 and 11.24.040.

(b)

Minimum dimension of landscaped areas. For non-residential projects, no landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or three feet in any horizontal dimension, excluding curbing.

(c)

Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety, and so that they comply with Section 11.19.130, Visibility at Intersections and Driveways. In the case of a conflict between landscaping requirements and requirements of Section 11.19.130, Visibility at Intersections and Driveways, the visibility requirements shall govern.

(Ord. No. 1624)

(a)

Applicability. This Section shall apply to all zone districts and projects that are subject to the landscape requirements listed in Sections 11.24.030 and 11.24.040.

(b)

General. Landscaping shall consist of live plant materials and may include a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features such as artificial turf, stepping stones, benches, fountains, sculptures, decorative gravel or stones, or other ornamental features, placed within a landscaped setting (benches, sculptures, and similar items shall not be located within residential greenway strips).

(1)

Plants having similar water use shall be grouped together.

(2)

No more than 35 percent of any required landscaped area may be covered with hard surfaces such as concrete, gravel, landscaping rock, paving stones, brick, or similar materials that are void of live plant materials.

a.

For non-residential projects, driveways and drive aisles are not considered as part of the required landscape area. For residential projects, driveways less than 30 feet wide and less than 50 percent of the width of the lot

are not considered part of the required front yard or street-side landscape areas. Refer to Public Works Standard Plans and Specifications for Standards Driveways Plans.

b.

Artificial turf. Artificial turf may be utilized as part of the landscape plan when it meets the following criteria:

1.

Shall be installed over soil and include a drainage system that allows for water infiltration to reduce run-off.

2.

When installed in areas that require the inclusion of trees (i.e. greenway strips, residential front and street side yards) the required trees and irrigation shall be incorporated into the artificial turf area.

3.

Shall not be utilized on slopes over 25 percent.

4.

Shall not comprise over 50 percent of total required landscape area.

c.

Landscape area that utilize hard surfaces but contain live plant material that will provide at least 60 percent coverage of the landscape area at maturity will not count against the 35 percent restriction on hardscape areas.

1.

Non turf landscape areas that utilize bark shall also include live plant material that will provide at least 60 percent coverage of the landscape area at maturity.

(3)

Plant materials shall be selected from among those species and varieties known to thrive in the Yuba County climate and selected from the Approved Tree List and Recommended Ground Cover and Shrub List.

(4)

Gardens and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

(5)

Installation of invasive plant species is prohibited as listed in the California Invasive Plant Council (Cal-IPC) list of Exotic Pest Plants of Greatest Ecological Concern in California.

(6)

Ground cover. Groundcover may include grasses (except as limited by any applicable turf/sod allowance). The use of mulch is encouraged to prevent weeds and water evaporation but is not a substitute for ground cover

plants.

a.

Species and varieties. Whenever practicable, ground covers shall be selected from the Recommended Ground Cover and Shrub List.

b.

Size. Ground cover plants other than grasses must be at least the four-inch pot size at the time of planting.

c.

Spacing. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center.

Figure 11.24.060(a)(6): Ground Cover Spacing

==> picture [347 x 169] intentionally omitted <==

(7)

Shrubs.

a.

Species and varieties. Whenever practicable, shrubs shall be selected from the Recommended Ground Cover and Shrub List.

b.

Size. Shrubs shall be at least one-gallon size at the time of planting.

c.

Spacing. When planted to serve as a hedge or screen, shrubs shall be planted with two to six feet of spacing, depending on the recommendations for the species and variety.

(8)

Trees.

a.

Existing trees. Existing healthy trees shall be maintained whenever possible and may be used in lieu of planting new trees.

b.

Setbacks. Trees shall be planted away from public sidewalks or individual driveways in accordance with the minimum setbacks specified in the Approved Tree List.

c.

Size. At the time of planting, all trees shall be a minimum 15-gallon size with a one-inch diameter at breast height (DBH).

d.

Staking. Newly planted trees shall be supported with stakes or guy wires in conformance with Yuba County Department of Public Works Street Tree Planting Specifications.

Figure 11.24.060(a)(8): Tree Staking

==> picture [405 x 261] intentionally omitted <==

(9)

Mulch. A minimum three-inch layer of mulch and landscape fabric for weed control shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers, or other special planting situations in which mulch is not recommended (i.e. in high fire severity zones). Stabilizing mulching products shall be used on slopes. Highly flammable mulches (i.e. finely shredded bark and plant fibers. pine needles, and shredded rubber) are prohibited in production housing, non-residential projects, medians, greenway strips, parking strips, and common areas.

(10)

Water features. Where water features are utilized they shall include the following:

a.

Recirculating water systems;

b.

Shall be included in the high water use hydrozone area of the water budget calculations; and

c.

Pool and spa covers are highly recommended.

(Ord. No. 1624)

The purpose of this Section is to comply with the Water Conservation in Landscaping Act of 2006.

(1)

Applicability. This Section shall apply to all of the following:

a.

New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review permit.

b.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscaping permit, plan check, or design review permit.

c.

This Section does not apply to the following types of projects:

1.

Registered local, state or federal historical sites;

2.

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

3.

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

4.

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

(2)

Production housing. Where developer installed landscaping is only provided within the front yard and street side portions of the parcel; the front yard landscaping plan shall demonstrate compliance with Section 11.24.060. (Landscape Materials) and Section 11.24.070 (Water Efficient Landscape Requirements) regardless of the size of the front yard landscape area.

(3)

Compliance requirements. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the prescriptive performance requirements listed below. The aggregate landscape area includes all required landscape areas identified in Sections 11.19.030 and 11.19.040 along with any additional landscaped areas that are irrigated. Projects that exceed 2,500 square feet of aggregate landscape area or that wish to demonstrate alternative compliance shall meet the requirements established in Section 11.24.060(d), Alternative Compliance.

a.

Areas landscaped with live plant material shall incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches (unless contra-indicated by a soil test).

b.

Exclusive of vegetable and edible flower garden areas, at least 75 percent of all plants and trees within residential projects and 100 percent for non-residential projects must be native or low water use. Landscape areas that utilize recycled water are excluded from this requirement.

c.

Turf. Non-artificial turf shall comply with the following:

1.

Within residential projects, a maximum of 25 percent of the required landscape areas shall be turf or planted with other high water use plants.

2.

Within non-residential projects turf is prohibited except for turf areas that are irrigated with recycled water or comprise an essential component of a project (i.e. golf courses, picnic areas, or playing fields), which are exempt from this limit.

3.

The installation of turf on slopes greater than 25 percent is prohibited (one foot vertical elevation change for every four feet of horizontal).

4.

Turf areas shall be of a size and design to prevent overspray of irrigation onto hardscape areas.

Turf is prohibited in greenways that are less than ten feet wide, unless the greenway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in greenways must be irrigated by a sub-surface irrigation system or by other technology that creates no overspray or runoff.

6.

Turf and high-water use plants are prohibited in street medians.

(4)

Alternative compliance. This Section shall apply to all projects with an aggregate landscape area over 2,500 square feet or when an applicant wants to demonstrate that the intent of the landscape requirements of this Chapter can be achieved through an Alternative Landscape Plan. Alternative Landscape Plans shall be prepared by a California Registered Landscape Architect. The Alternative Landscape Plan shall be prepared in accordance with the principles and design criteria set forth in this Section and shall clearly describe the modifications being requested from the provisions of this Section and how they reflect the evaluation criteria listed below:

a.

Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use.

b.

Preservation or incorporation of existing native vegetation.

c.

Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.

d.

Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design. This may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided.

e.

Use of additional shade trees to create a greater canopy effect.

f.

A greater degree of compatibility with surrounding uses than a standard landscape plan would offer.

g.

Water use is minimized. The estimated total water use (ETWU) of the proposed landscaping on a site shall not exceed the maximum applied water allowance (MAWA) limitations established by the State of California pursuant to the most current adopted California Model Water Efficient Landscape Ordinance.

Variables that may be used in water efficiency calculations.

i.

Landscaped Area (LA). Total landscaped area, expressed in square feet, including all areas dedicated to planting, turf, and water features. The landscape area does not include footprints of building or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or non-pervious hardscape, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). Landscaped area (LA) includes special landscaped areas (SLA).

ii.

Special Landscaped Areas (SLA). Area of landscape, expressed in square feet, dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

iii.

Plant Factor Adjustment (PFA). The sum of the products of the area in each planting type multiplied by the plant factor according to the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS) for that planting type.

iv.

Irrigation Efficiency (IE). Amount of water beneficially used divided by the amount of water applied.

(Ord. No. 1624)

A landscape plan shall be submitted with the permit application for all projects for which landscaping is required.

(1)

Information required. Landscape plans shall be drawn to scale and shall at a minimum include the following:

a.

Project type (i.e. new residential, new non-residential, rehabilitated, homeowner-installed, etc.).

b.

Total landscape area (square feet) including a breakdown of area dedicated to turf/high water uses, hardscape, and live plant material.

c.

Water supply type (i.e. potable, recycled, well, graywater) and identify water purveyor if not served by private well.

d.

Proposed plant locations, species, sizes, and water use needs (i.e. low, medium, or high as identified on an applicable Yuba County plant list, the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS), or other plant list approved by the Planning Director). All water features shall be identified as high water use and temporarily irrigated areas shall be identified as low water use.

e.

Location of any existing trees over six inches in diameter, and whether each such tree is proposed for retention or removal.

f.

Location and type of any existing and/or proposed paving or hardscape material.

g.

Irrigation plan that at a minimum indicates the location, type and size of all components of the irrigation system and demonstrates compliance with the requirements of this Section.

h.

Any additional proposed landscape elements and any other measures to facilitate plant growth or control erosion.

i.

Provide a statement signed by the preparer of the landscape plan as follows: "I have complied with the landscape criteria of the Yuba County Landscape Ordinance Chapter 11.24.

(2)

Additional information required for projects over 2,500 square feet of aggregate landscape area or alternative landscape plans. In addition to the above information these projects shall include the following information:

a.

Submit a soil management report consistent with the requirements of the current California Model Water Efficient Landscape Ordinance. Production home developments and similar large landscape projects shall conduct a soil sampling rate equivalent to one in seven lots or approximately 15 percent.

b.

The landscape design plan shall also:

1.

Delineate and label each hydrozone by number, letter, or other method;

2.

Identify each hydrozone as low, moderate, high, or mixed water use;

3.

Identify areas designated for recreation, edible plants, or recycled water;

4.

Identify soil amendments, type and quantity;

5.

Identify type of mulch and application depth;

6.

Identify type and surface areas of water features;

7.

Identify hardscape (pervious and non-pervious areas);

8.

Identify any rain harvesting or catchment technologies; Identify any applicable graywater discharge piping, system components and areas of distribution.

(3)

Preparation by qualified person. The landscape and irrigation plans shall be prepared by a qualified Landscape Architect.

(Ord. No. 1624)

All new landscaping shall be irrigated with an irrigation system. The Director may waive this requirement based on plant water needs and site characteristics (i.e. landscape areas that do not require irrigation once established).

(1)

The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance.

(2)

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.

(3)

Automatic irrigation controllers and sensors are required. Controllers may either be weather-based (rain sensors) or soil moisture-based controllers that automatically adjust irrigation in response to changes in plants' needs as

weather conditions change. The controller shall also be of a type which does not lose programming date in the event the primary power source is interrupted.

(4)

Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates determined by a soil percolation test, therefore minimizing runoff.

(5)

Low-volume irrigation shall be required in mulched areas, in areas with slope greater than 25 percent, and in any narrow or irregularly shaped areas that are less than eight feet in width in any direction.

(6)

Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

(7)

Overhead irrigation should occur before 10:00 a.m. and after 6:00 p.m. between April 1st and October 1st.

(8)

Recirculating water shall be used for decorative water features.

(9)

All irrigation shall be subject to restrictions put forth by the State, County of Yuba or local water purveyor during periods of drought.

(10)

Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(11)

Irrigation systems shall consist of low-volume emitters (i.e. drip emitters and microspray) or the following:

a.

Low volume rotary type heads, with check valves and pressure regulation for turf areas where turf is allowed);

b.

Sprinkler heads and other emission devices with matched precipitation rates, unless otherwise directed by manufacturer's recommendations; and

c.

Separate valves for each plant hydrozone.

(12)

Landscape water meters, defined as either a dedicated water service meter or private submeter shall be installed for all non-residential irrigated landscapes of 1,000 square feet but no more than 5,000 square feet and all residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either a customer service meter dedicated to landscape use provided by the local water purveyor or a privately owned meter or submeter.

(13)

Landscape and irrigation plans for projects over 2,500 square feet of aggregate landscape area or utilizing an Alternative Landscape Plan shall demonstrate compliance with any additional requirements of Subsection 492.7, Irrigation Design Plan of the California Model Water Efficient Landscape Ordinance.

(Ord. No. 1624)

(a)

Consistency with approved plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to encourage and maintain healthy plant growth.

(b)

Timing of installation. Required landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the project.

(c)

Exception—Assurance of landscaping completion. The Planning Director may permit the required landscaping to be installed within 120 days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount of 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, must be filed with the County along with any applicable processing fee to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the County of any costs incurred in contracting for completion of the required landscaping as well as grant the County or its contractor access to property in event County must install improvements.

(d)

Certification of completion. Upon completion of the installation of the landscaping and irrigation system, a certificate of completion shall be submitted to the County indicating that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies. A final inspection to verify completion may be conducted by the County.

(1)

Production housing projects, projects with over 2,500 square feet of aggregate landscape area or alternative landscape plans shall also include the following as part of the certificate of completion:

a.

The certificate shall be signed by licensed landscape contractor, the signer of the irrigation design plan, or signer of the landscape design plan;

b.

Shall indicate project has been installed per approved plans or where there have been significant changes made in the field during construction, "as built" plans indicating compliance with the County Code shall be included with the certification;

c.

A diagram of the irrigation plan with hydrozones shall be kept with the irrigation controller for subsequent management purposes;

d.

Copy of the irrigation audit report consistent with Section 492.12 of the California Model Water Efficient Landscape Ordinance shall be submitted to the County; and

e.

Statement indicating that the irrigation scheduling and maintenance schedules have been provided to the owner and that a copy of the certificate of completion shall be provided to local water purveyor.

(Ord. No. 1624)

This Section addresses the appropriate long-term care and maintenance of all landscaping provided for commercial, multifamily, industrial, and institutional developments. It is also intended to set provisions for the removal and replacement of unhealthy trees and or hazardous conditions and provide adequate clearance and visibility of merchant signage, when the aesthetics of the tree and shading requirements will not be reduced.

(1)

All required landscaping and irrigation (e.g. sprinklers) shall be maintained and replaced for the life span of the project. Commercial corridors and commercial landscaping maintenance is the responsibility of the Builder/Developer. Landscaping maintenance on residential properties is the responsibility of the property owner.

(2)

All plant materials (trees, shrubs, and groundcovers) shall be maintained free from physical damage or injury arising from vehicle encroachment, lack of water, weather events, chemical damage, insects and other pests, and diseases. Plant materials showing such damage shall be replaced with the same or similar species from the Approved Tree List, Recommended Ground Cover and Shrub List, or shall be approved by the Planning Director. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance.

(3)

It is the responsibility of the property owners to seek professional advice and spray and treat trees, shrubs, and groundcover for diseases which can be successfully controlled if such untreated diseases are capable of destroying an infected tree or other trees within a project.

(4)

Tree removal shall be limited to trees which are in poor health, structurally distressed, or imminently hazardous to persons or property. The removal of a tree shall be the final recourse upon determining that it is infeasible to save the tree by any other method (e.g., pruning, treatment of diseases, fertilizing). Tress shall be replaced with the same or similar species from the Approved Tree List or shall be approved by the Planning Director.

(5)

Yuba County has the authority to enforce compliance with landscaping care and maintenance.

(Ord. No. 1624)

CHAPTER 11.25 - PARKING AND LOADING

The purposes of the parking and loading regulations are to:

(1)

Ensure that adequate off-street parking and loading facilities are provided for new land uses and for alterations and enlargements of existing uses.

(2)

Contribute to a balanced transportation system with a choice of transit, bicycle, pedestrian, and private automobile modes.

(3)

Encourage the use of bicycles by providing safe and convenient places to park bicycles.

(4)

Facilitate the development of common parking areas that serve multiple establishments or uses.

(5)

Offer flexible means of minimizing the amount of area devoted to motor vehicle parking by allowing reductions to the number of required spaces for land uses with lower parking demand characteristics and for shared parking facilities serving uses with different peak demand times.

(6)

Provide safe and orderly circulation, loading, unloading, and parking within parking areas, and minimize conflicts between pedestrian and vehicular circulation.

(7)

Ensure that parking and loading facilities are designed with adequate landscaping, screening, and buffering in order to improve and soften their appearance, provide shade, and buffer surrounding land uses from potential impacts.

(Ord. No. 1624)

The requirements of this Chapter apply to the establishment, alteration, expansion, or change of any use or structure, as provided in this Section.

(1)

New buildings and land uses. On-site parking shall be provided according to the provisions of this Chapter at the time any main building or structure is erected or any new land use is established.

(2)

Reconstruction, expansion and change in use of existing non-residential buildings.

a.

Changes in use or expansions of floor area resulting in three or fewer additional parking spaces are exempt from having to provide additional parking so long as all handicap accessible parking requirements are met. All expansions within a five year period shall count towards the cumulative total of three additional parking spaces.

b.

Expansions in use or floor area up to 25 percent but resulting in less than 15 additional parking spaces shall provide for the additional on-site parking or loading spaces pursuant to Table 11.25.040. The existing parking may be maintained, and only the additional parking shall be subject to the requirements of Section 11.25.100, Design Standards for Parking Lots.

c.

Changes in use resulting in four or more additional parking spaces or expansions in use or floor area greater than 25 percent or more than 15 parking spaces shall require both the existing parking and additional parking to meet the standards of Section 11.25.100; Design Standards for Parking Lots. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

(3)

Alterations that increase the number of dwelling units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for both the existing and new dwelling units.

(4)

Bicycle parking. Bicycle parking shall be required pursuant to Section 11.25.080, Bicycle Parking.

(5)

When constructed. On-site parking facilities including bicycle parking required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

(Ord. No. 1624)

(a)

Existing parking and loading to be maintained. No existing parking or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute parking or loading facilities are provided and approved by the Planning Director.

(b)

Use of required parking spaces. Required off-street parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use, unless specifically authorized by another provision of this Code.

(c)

Non-conforming parking or loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of parking or loading facilities required by this Chapter, provided that facilities used for parking and loading as of the date of adoption of this Code are not reduced in number to less than that required by this Chapter.

(d)

Accessibility. Parking must be accessible for its intended purpose during all business hours.

(e)

Maintenance of required parking spaces. No garage, carport, or other designated parking area may be converted to another use unless the converted parking spaces are replaced with on-site parking that meets all requirements of this Chapter.

(Ord. No. 1624)

Off-street motor vehicle parking shall be provided according to the ratios prescribed in Table 11.25.040, Required Off-Street Parking Spaces, and according to the following provisions for calculation of required spaces:

(1)

Calculation of required spaces. The number of required parking spaces shall be calculated according to the following rules:

a.

Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half or greater, shall be considered one additional space; if the fraction is less than one-half, it shall result in no additional required spaces.

b.

Gross floor area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to area, the area is assumed to be gross floor area (which includes interior walls) unless otherwise stated.

c.

Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

d.

Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room shall be counted as a bedroom.

e.

Students or clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at the Statecertified capacity, or at Building Code Occupancy where no State certification is required.

f.

Seats. Where parking requirements are stated as a ratio of parking spaces to fixed seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat.

(2)

Sites with multiple uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction for shared parking is approved pursuant to Subsection 11.25.050(C), Shared Parking.

(3)

Uses not specified. The parking requirement for any use not listed in Table 11.25.040, the Zoning Administrator shall establish the parking requirement based on the particular characteristics of the proposed use, and any other relevant data regarding parking demand. The Zoning Administrator may require the applicant to submit parking studies or any other information needed to assess parking demand for the proposed project. Where a conditional use permit or minor use permit is required for the use, the decision-making authority shall establish the parking requirement based on the parking study and other information in the record as part of the review process.

(4)

Minimum number of required spaces. For each land use, applicant shall be provided at least the number of offstreet motor vehicle parking spaces stated in Table 11.25.040, Required Off-Street Parking Spaces.

(5)

Specific plan, area plan, and/or community plan provisions. A specific plan, area plan, or community plan may establish parking requirements based upon the characteristics of the area covered by the plan.

(Ord. No. 1624)

(a)

Motorcycle and scooter parking. For any nonresidential use providing 20 or more off-street spaces, a maximum of two required off-street parking spaces per 20 vehicle spaces may be reduced in size or otherwise redesigned to accommodate parking for motorcycles and scooters. When provided, motorcycle and scooter parking must be identified by a sign. Motorcycle and scooter parking shall be counted concurrently as part of the minimum number of spaces required for the development.

(b)

Credit for on-street spaces. On-street parking spaces located immediately adjacent to the frontage of properties in the NMX, DC, and CMX districts may be counted toward required off-street parking for nonresidential uses. One on-street parking space may be substituted for each required off-street space. These provisions only apply to street frontages where on-street parking is allowed.

(c)

Shared parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced (from the number that would be required if each use provided parking separately) with approval of a waiver.

(1)

Findings for approval. In order to approve a reduction in the total number of spaces for a shared parking facility, the decision making authority must find that:

a.

The proposed shared parking to be provided will be adequate to serve each use;

b.

The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

c.

Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area;

d.

If required, a parking demand study prepared by an independent traffic engineering professional approved by the County supports the proposed reduction; and

e.

If a shared parking facility will serve more than one property, a parking agreement has been prepared consistent with the provisions of Subsection 11.25.070(C), Off-Site Parking Facilities.

(2)

Conditions for approval. The decision-making authority may require additional documents, covenants, deed restrictions, or other agreements as it deems necessary to ensure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the project.

(d)

Other parking reductions. Required parking for any use may be reduced through approval of a waiver.

(1)

Findings for approval. The decision-making authority may only approve a parking reduction if it finds that:

a.

Special conditions—including but not limited to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site below the level of the normal requirement;

b.

The use will adequately be served by the proposed on-site parking;

c.

Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area; and

d.

If required, a parking demand study prepared by an independent traffic engineering professional approved by the County supports the proposed reduction.

(e)

Parking demand study. In order for the decision-making authority to evaluate a project's compliance with the required findings for approval, the Planning Director may require submission of a parking demand study prepared by an independent traffic engineering professional approved by the County that substantiates the basis for granting a reduction in required parking spaces.

(f)

Monitoring of TDM programs. Any project that is granted a parking reduction on the basis of transportation demand management (TDM) measures that will be incorporated to reduce parking demand shall submit an annual status report to the County. The report shall be in a manner prescribed by the Planning Director, and shall describe the implementation and maintenance of TDM measures and the parking demand generated by the project. Annual status reports will be reviewed to determine if property owners have implemented and/or maintained the TDM Program. County staff may request auditable documentation to determine compliance.

(Ord. No. 1624)

If a parking assessment district has been established, a fee may be paid to the County in lieu of providing required parking within the district.

(1)

In-lieu fee amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the Board of Supervisors.

(2)

Use of funds. In-lieu fees shall be used for programs to reduce parking impacts including, but not limited to, the costs of any of the following:

a.

Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the parking assessment district;

b.

Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located;

c.

Transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride-sharing and transit use; or

d.

Transportation system management projects.

(Ord. No. 1624)

11.25.070. - Location of required parking.

(a)

Residential uses. Required parking for residential uses shall be located on the same lot as the dwelling served, or in an off-site parking facility as provided in Subsection (c).

(b)

Nonresidential uses. Required parking spaces serving non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection (c).

(c)

Off-Site parking facilities. A parking facility serving one or more uses may be located on a site other than the site of one or more such use(s) if a Minor Use Permit is approved and the standards of this Subsection are met.

(1)

Location. Any off-site parking facility must be located within 400 feet—or in the case of a residential use, within 100 feet—along an accessible walkway, of the principal entrance containing the use(s) for which the parking is required.

(2)

Parking agreement. A written parking agreement shall be submitted with the application for an off-site parking facility. The agreement shall be subject to review and approval by the County Counsel and shall subsequently be recorded in the County Recorder's Office. The parking agreement shall include the following.

a.

A guarantee among the landowner for access to and use of the parking facility; and

b.

A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.

(Ord. No. 1624)

Within the valley growth boundary, parking for bicycles shall be provided according to the standards of this Section in conjunction with the establishment of any new land use or building, as well as in conjunction with any

change in use, alteration, or expansion.

(1)

Short-term bicycle parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

a.

Parking spaces required. For the following uses, a minimum of one bicycle space shall be provided for every ten automobile spaces for the first 200 automobile parking spaces required, and one bicycle parking space shall be required for every 100 automobile spaces over the first 200 automobile parking spaces required. A minimum of two bicycle parking spaces shall be required per establishment:

1.

Multi-unit residential and single room occupancy uses with four or more units. Outdoor bicycle parking requirements may be reduced by 50 percent for projects that provide at least one enclosed private garage space per dwelling unit.

2.

Boarding facilities and agricultural labor housing with four or more separately rentable beds, bedrooms, or units.

3.

All public and semi-public uses except cemetery.

4.

All commercial uses except kennels, food preparation, vehicle sales and services, and lodging.

5.

Transportation passenger terminals.

b.

Bike parking plan for large entertainment and recreation facilities. Outdoor motor vehicle racing facilities, amphitheaters, entertainment facilities, or equestrian and rodeo facilities having an occupancy capacity in excess of 5,000 persons shall submit a proposed bicycle parking plan in conjunction with the required automobile parking plan for approval by the decision-making authority.

c.

Location. Short-term bicycle parking must be located outside of the public right-of-way and pedestrian walkways and within 50 feet of a main entrance to the building or use it serves.

1.

Shopping centers. In a shopping center, bicycle parking must be located within 50 feet of an entrance to each anchor store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking.

Mixed-use districts. Bicycle parking for establishments that abut the public sidewalk and are located in the CMX, DC, or NMX districts may be located within the public right-of-way, provided that an unobstructed sidewalk clearance of six feet is maintained for pedestrians at all times.

d.

Anchoring and security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and at least one wheel can be secured with a high-security U- shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.

e.

Size and accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways; at least five feet of clearance shall be provided from automobile parking spaces.

Figure 11.25.080: Short-Term Bicycle Parking

==> picture [405 x 315] intentionally omitted <==

(2)

Long-term bicycle parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and other persons who generally stay at a site for four hours or longer.

a.

Parking spaces required. Long-term bicycle parking spaces shall be provided at the following ratios.

1.

Nonresidential uses. Any individual establishment with 50 or more employees shall provide long-term bicycle parking at a minimum ratio of one bicycle space per 100 automobile spaces.

2.

Parking structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces.

b.

Location. Long-term bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility.

c.

Security. Long-term bicycle parking must be in:

1.

An enclosed bicycle locker;

2.

A fenced, covered, locked or guarded bicycle storage area; or

3.

A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.

d.

Size and accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

(Ord. No. 1624)

(a)

Loading spaces required. Off street loading facilities shall be provided with all commercial and industrial development.

(b)

Location. No loading facilities for vehicles over two-ton capacity shall be closer than 50 feet to any property in a residential district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height.

(c)

Maneuvering areas. Truck-maneuvering areas shall not encroach into required parking areas, travel ways, or street rights-of-way. This requirement may be modified if the Zoning Administrator finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and pedestrian circulation.

(d)

Surfacing. The loading area, aisles, and access drives shall be surfaced with asphaltic concrete of minimum thickness of two inches on six inches of Class II aggregate rock base.

(Ord. No. 1624)

Parking areas shall be designed and developed consistent with the following standards:

(1)

Parking areas outside the valley growth boundary.

a.

Parking associated with a single family residence, or caretaker unit. Parking spaces shall be located outside of any required setback and shall at a minimum be graded and improved with gravel.

b.

Parking associated with an accessory dwelling unit. Off-street parking for accessory dwelling units may be a tandem space in a driveway or off-street within setback areas provided in locations approved by the County. Tandem parking and the location of off-street parking within setback areas shall be approved by the County unless specific findings can be and are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.

c.

Projects that require ten or more parking spaces. Parking areas located outside the valley growth boundary that require ten or more parking spaces may request as part of project approval a reduction in the number of spaces that need to be paved and designed per the requirements listed in Section 11.25.100(2). The request shall be submitted with the initial project application and shall clearly identify the number of unpaved spaces being requested along with any other requested deviations to the standards listed in Section 11.25.100(2). All unpaved spaces shall meet the following standards:

1.

Surfacing. Must be graded and improved with gravel.

Dust control. All unpaved parking areas must have an active dust control program.

3.

Parking space dimensions. The minimum dimension for a parking space is nine feet by 18 feet.

(2)

Other parking areas. All parking areas not addressed by Section 11.25.100(1) shall be designed and developed consistent with the following standards.

a.

Surfacing. Concrete or asphaltic surfacing of two inch minimum thickness on a four inch Class II aggregate rock base for residential uses, on a six inch Class II aggregate rock base for nonresidential uses.

b.

Drainage and stormwater control. All parking areas shall be properly drained, consistent with the Yuba County Stormwater Quality Ordinance (Chapter 7.50, Stormwater Quality, of the County Code), Grading, Drainage and Erosion Control Ordinance (Chapter 11.23 of County Code), the requirements of the California State Water Resources Board's General Permit for Small MS4s, and subject to the approval of the Director of Public Works.

c.

Parking space dimensions.

1.

Standard parking spaces. The minimum dimension for standard parking spaces is nine feet by 18 feet.

2.

Compact parking spaces. When 20 or more parking spaces are required, up to 30 percent of the total number of required spaces may be reduced in size to 16 feet in length and eight feet in width for the accommodation of compact cars. Such compact spaces shall be clearly indicated by appropriate markings and signage. Compact spaces should be dispersed through the parking lot.

Figure 11.25.100(2)c.: Parking Space Dimensions

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

d.

Parking access, forward entry. Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

e.

Tandem parking. Tandem parking may be permitted to satisfy the off-street parking requirement for a residential unit in accordance with the following:

1.

Parking spaces for the primary residence shall be located outside any required setback area.

2.

No more than two vehicles shall be placed one behind the other.

Both spaces shall be assigned to a single dwelling unit.

f.

On-site circulation, safety, and pedestrian access. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the building code and following standards:

1.

Connection to public sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance unless grade controlled.

2.

Materials and width. Walkways shall provide at least four feet of unobstructed width and be hard-surfaced with an accessible material.

3.

Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, truncated domes, or similar method.

4.

Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb, bollards, truncated dome, or other physical barrier.

g.

Parking lot striping. Parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

h.

Wheel stops. Concrete bumper guards or wheel stops shall be provided. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

i.

Perimeter curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through where feasible.

Figure 11.25.100(2)i.: Parking Lot Perimeter Curbing

==> picture [347 x 207] intentionally omitted <==

j.

Lighting. Public parking areas shall be provided with a minimum of one-half foot-candle and a maximum of 3.0 foot-candles of light over of the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn.

1.

Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

2.

Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Chapter 11.26, Performance Standards.

k.

Separation from on-site buildings. Parking areas must be separated from the front walls of on-site buildings by walkways a minimum of six feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

Figure 11.25.100(2)k.: Parking Lot Design—Seperation from On-Site Buildings

==> picture [347 x 283] intentionally omitted <==

l.

Screening. Parking areas shall be screened from view from public streets according to the following standards:

1.

Height. Screening of parking lots from adjacent public streets shall be three feet in height.

2.

Materials. Screening may consist of one or any combination of the methods listed below:

i.

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Planning Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Planning Director.

ii.

Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.

iii.

Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.

iv.

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

Figure 11.25.100(2)l.: Parking Lot Screening

==> picture [463 x 90] intentionally omitted <==

m.

Parking lot landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 11.24, Landscape, as well as the standards of this Subsection. Planter widths are minimums, wider widths may be necessary to accommodate larger tree or plant species. All widths listed are interior widths. Smaller widths may be approved along perimeter areas if curb stops or concrete barriers are provided that prevent vehicles from overhanging into the planter or pedestrian walkway.

1.

Landscape area required. A minimum of ten percent of any parking lot area shall be landscaped.

2.

Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

i.

Landscaped planting strips at least five feet wide between rows of parking stalls. Areas planted with trees shall be at least six feet wide;

ii.

Orchard planters at least six feet wide;

iii.

Landscaped planting strips at least six feet wide (between parking areas and adjacent buildings or internal pedestrian walkways);

iv.

Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

v.

On-site landscaping at the parking lot perimeter that is at least five feet in width.

3.

Required landscaped islands. A landscaped island or orchard planter at least six feet in all interior dimensions and containing at least one tree from the Approved Tree List shall be provided at each end of each interior row of parking stalls and staggered throughout the parking field to obtain the minimum shade requirement. Unless an alternative plan is approved for parking areas utilizing solar/shade structures.

4.

Landscaped buffer for open parking adjacent to right-of-way. A landscaped area at least ten feet wide shall be provided between any surface parking area and any property line adjacent to a public street unless a lesser dimension is approved through the Design Review permit where due to site constraints or consistency with community character a smaller buffer is approved. Within the landscaped area, there shall be at least one tree planted from the Approved Tree List for each 40 feet of street frontage.

5.

Shading. Shade trees or shade structures shall provide a minimum 50 percent shading (at maturity, where trees are used).

Figure 11.25.100(2)m.5.: Parking Lot Landscaping

==> picture [347 x 322] intentionally omitted <==

6.

Protection of vegetation.

i.

Clearance from vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a

vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

ii.

Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through if feasible.

Figure 11.25.100(2)m.6.: Protection of Vegetation

==> picture [347 x 100] intentionally omitted <==

7.

Visibility and clearance. Landscaping in planters at the end of parking aisles may not obstruct drivers' vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot should not exceed 30 inches in height.

(3)

Alternative parking area designs.

a.

S/E district. In the S/E District, the Planning Commission may approve parking facility plans that allow for alternative standards for off-street parking facilities due to the intermittent nature of the events and variations in attendance. Proposals which include standards less than the required stall size and driving aisle shall include provisions for management of the facility by parking ushers. Proposals for alternative surfacing shall be based upon estimates for frequency of events and estimated average attendance per event and shall at the minimum provide for a low-traffic paving system for the estimated average number of vehicles. The remainder of the parking area shall, at the minimum, be seeded with a hardy, drought-resistant grass to provide a dustcontrolling surface and shall be maintained to prevent ignition from parked vehicles.

b.

Other districts. Where an applicant can demonstrate to the satisfaction of the Zoning Administrator that variations in the dimensions otherwise required by this Section are warranted in order to achieve environmental design objectives, an alternative parking area design may be approved.

(4)

Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

(Ord. No. 1624)

Temporary, overflow parking may be utilized for special events and other temporary uses that are allowed by this Code. All temporary parking shall meet local fire department requirements Where a temporary use permit or other permit is required, the applicant shall demonstrate to the decision-making authority the ability to provide safe access and parking, including access road clearance for emergency vehicles, a dust control program, and the provision of attendants, if necessary to monitor proper parking and access road clearance for emergency vehicles.

(Ord. No. 1624)

Recreational vehicles, including travel trailers and boats, may not be parked or stored in a required front yard or street side setback area (excluding driveways). Recreational vehicles may be parked or stored in a driveway, side yard, or rear yard. Other regulations pertaining to recreational vehicles include:

(1)

Parking within the public right-of-way shall only be for the purpose of loading or unloading, not to exceed 72 hours before or after a trip. The recreational vehicle may be used for purposes of accommodating visitors, not to exceed one week within any consecutive six-month period and shall be fully self-contained and shall not be parked within a public right-of-way or have any power cords or other items transversing the public right-of-way.

(Ord. No. 1624)

CHAPTER 11.26 - PERFORMANCE STANDARDS

The purposes of this Chapter are to:

(1)

Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

(2)

Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions;

(3)

Protect industry from arbitrary exclusion from areas of the County; and

(4)

Protect and sustain the natural environment by promoting conservation of energy and natural resources, improving waste stream management, and reducing emission of greenhouse gases.

(Ord. No. 1624)

The minimum requirements in this Section apply to all land uses in all zoning districts, unless otherwise specified.

(Ord. No. 1624)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazards that would adversely affect the surrounding area.

(Ord. No. 1624)

Measurements necessary for determining compliance with the standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance unless another location is specific in this Chapter or within the General Plan. Property owners shall be responsible for demonstrating compliance with standards.

(Ord. No. 1624)

(a)

Noise limits. No use or activity shall create ambient noise levels that exceed the standards established in the Public Health and Safety Element of the Yuba County General Plan.

(b)

Acoustic study. The Planning Director may require an acoustic study for any proposed project that could cause any of the following:

(1)

Locate new residential uses within the 55 Community Noise Equivalent (CNEL) impact area of the Yuba County Airport;

(2)

Locate new residential uses within the 55 CNEL impact area of Beale Air Force Base (excludes housing located on Base);

(3)

Cause noise levels to exceed the limits in Chapter 8.20, Noise Regulations, of the Yuba County Code and Yuba County General Plan;

(4)

Create a noise exposure that would require an acoustic study and noise attenuation measures listed in the Public Health and Safety Element of the General Plan; or

(5)

Cause the day-night equivalent (LDN) noise level at noise-sensitive uses to increase five dB or more.

(c)

Noise attenuation measures. Any project subject to the acoustic study requirements of Subsection (b) may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

(1)

New noise-sensitive uses (e.g. schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 LDN.

(2)

Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

(3)

Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered only after all feasible design-related noise measures have been incorporated into the project.

(Ord. No. 1624)

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

(1)

New developments that propose vibration sensitive uses within 100 feet of a railroad or industrial facility shall analyze and mitigate potential vibration impacts to the greatest extent feasible.

(2)

New developments that would generate substantial long-term vibration shall provide analysis and mitigation to achieve velocity levels of less than 78 vibration decibels as experienced at habitable structures of vibrationsensitive land uses.

(Ord. No. 1624)

Activities, processes, and uses shall be operated in compliance with the following provisions:

(1)

Mechanical or chemical processes. Light or glare from mechanical or chemical processes, high-temperature processes such as combustion or welding, or from reflective materials on buildings used or stored on a site, shall be shielded or modified to prevent emission of adverse light or glare onto other properties.

(2)

Lighting. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights, no light or combination of lights, or activity shall cast light on a public street exceeding one foot-candle as measured from the centerline of the street. No light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle.

(3)

Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

(Ord. No. 1624)

No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site. Odors from permitted agricultural operations, temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

(Ord. No. 1624)

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

(Ord. No. 1624)

Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Feather River Air Quality Management District.

(Ord. No. 1624)

(a)

Discharges to water or sewers. Liquids and solids of any kind shall not be discharged, whether directly or indirectly, into a public or private body of water, sewage system, storm water system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division).

(b)

Solid wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

(Ord. No. 1624)

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by local fire district. With the exception of waste allowed by the fire authority and Air Quality Management District, all incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the fire authority deems it a practical necessity.

(Ord. No. 1624)

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

(Ord. No. 1624)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any Residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

(Ord. No. 1624)

No radiation of any kind shall be emitted that is dangerous to humans.

(Ord. No. 1624)

CHAPTER 11.27 - SIGNS

The purpose of this Chapter is to establish regulations for the design, construction, location, and maintenance of signs that balance the need of residents, businesses, visitors, and institutions for adequate identification, communication, and advertising with the objectives of protecting public health, safety, and general welfare and promoting a well-maintained and visually attractive community, consistent with state and federal law. Specifically, these regulations are intended to:

(1)

Promote and aid in the identification, location, and advertisement of goods and services.

(2)

Enhance the County's ability to attract sources of economic development and growth.

(3)

Promote an attractive, positive image and protect the County from visual clutter and blight.

(4)

Protect property values and enhance community appearance by ensuring that signs are compatible with the character of surrounding architecture, districts, and neighborhoods.

(5)

Reduce or eliminate traffic and safety hazards through proper location and design.

(6)

Ensure that the constitutionally guaranteed right of free speech is protected.

(7)

Provide for eventual elimination of preexisting non-conforming signs on a fair and equitable basis.

(Ord. No. 1624)

The provisions set forth in this Chapter apply in all zoning districts of the County, except where expressly stated otherwise. No sign shall be erected or maintained anywhere in the County except in conformity with this Chapter.

(Ord. No. 1624)

The following signs or modifications to signs do not require a Zoning Clearance or other review by the Planning Department, nor shall the area of such signs be included in the maximum allowable sign area measurement for the purposes of this Chapter. These exceptions shall not be construed as relieving the owner of the sign from

the responsibility of the safe erection and safe and attractive maintenance of the sign, of obtaining a building permit where applicable, or of compliance with applicable provisions of this Chapter or any other requirement of this Code.

(1)

Address signs. Required address identification signs that are in conformance with the Building Code.

(2)

Barber poles. Barber poles not exceeding six feet in height, located wholly on commercial private property, and bearing no lettering.

(3)

Building directory sign. A sign on which the names and locations of occupants or the use of a building is provided, oriented to pedestrian traffic and not exceeding six square feet in area.

(4)

Bulletin boards. One bulletin board not exceeding 20 square feet in area or five feet above existing grade, serving a public, or semi-public agency, community facility or institution, if located on the premises of the institution.

(5)

Change-of-business signs. A temporary attachment or covering of wood, plastic, or canvas over a permanent sign indicating a change of ownership or activity for a nonresidential use may be displayed for no longer than 30 days following the change of ownership or activity for which the sign is intended. The sign shall be no larger than the previously permitted permanent sign.

(6)

Commemorative signs. Commemorative plaques, memorial signs or tablets, or signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, provided that no such sign exceeds three square feet in area.

(7)

Construction signs. A temporary construction sign may be erected on a construction site for the duration of construction activities, provided that it is immediately removed after issuance of a certificate of occupancy or certificate of completion for the project, or abandonment of work. A temporary construction sign may not exceed 32 square feet in area and eight feet above finished grade in non-residential districts or eight square feet in area and five feet above finished grade in residential districts.

(8)

Decorative holiday displays. Non-commercial decorative holiday displays, provided that such displays are removed within 45 days of their installation.

(9)

Election signs. Election signs that meet the requirements as set forth by the Elections Office and Community Development and Services Agency.

(10)

Flags. Official flags, emblems and historical markers. This exemption does not apply to flags or pennants bearing corporate emblems, logos or commercial copy.

(11)

Home occupation signs. Permitted home occupations are allowed one wall sign not to exceed four square feet in area and six feet in height.

(12)

Informational signs. Non-commercial informational signs not exceeding two square feet in area erected for the safety and convenience of the public, such as signs identifying rest rooms or telephones, "no parking" and "no trespassing" signs.

(13)

Equipment signs. Signs not more than four square feet in area and incorporated into machinery or equipment by a manufacturer, distributor or vendor and identifying or advertising only the product or service dispensed by the machine or equipment, such as signs customarily fixed to automated teller machines (ATMs), gasoline pumps, and vending machines.

(14)

Interior signs. Signs that are located in interior areas of a building or site and are not visible from public streets or adjacent properties. For the purpose of this regulation, "visible" means legible to a person of ordinary eyesight (with vision adequate to pass a state driver's license exam) standing at ground level at a location on the public right-of-way or other private property.

(15)

Kiosk and mobile vendor signs. Signs fixed to mobile vending carts that identify or advertise the name, product, or service provided by the vendor. Each mobile vending cart is limited to a maximum sign area of eight square feet.

(16)

Newspaper stands. Signs that are part of newspaper stands, provided the sign area does not exceed six square feet.

(17)

Official government signs. Official notices issued by a court, public body or office; official notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; public hearing or meeting notices; seismic warning signs, or other signs required or authorized by law.

(18)

Public service and civic identity signs. Signs erected on public or private property to promote Countysponsored activities or other community events, as authorized by the Community Development and Services Agency. Signs may include district identification banners; temporary signs or when authorized by the Department of Public Works banners erected above streets or attached to lamp posts or utility poles.

(19)

Real estate signs.

a.

On-site real estate signs. On-premises signs conveying information about the sale, rental, or lease of the lot, premises, dwelling, or structure on which they are located, provided that they comply with the following standards:

1.

No more than one real estate sign for lots in residential districts, or one real estate sign per public street frontage per lot in non-residential districts, is displayed at any one time;

2.

The sign or signs do not exceed an aggregate area of six square feet in residential districts or 32 square feet in non-residential districts;

3.

Wall signs shall not be higher than seven feet above grade in residential districts or fifteen feet in non-residential districts. Freestanding signs shall not exceed five feet in height in residential districts or ten feet in height in non-residential districts.

4.

The sign or signs are not illuminated;

5.

The sign or signs shall not be placed on roof tops or above parapet or eave lines;

6.

The sign or signs are removed within seven days after the sale, lease, or rental of the property has been completed; and

7.

Real estate signs are not permitted in the public right-of-way, and must not obstruct pedestrian walkways or motorists' line of sight, including line-of-sight for those exiting driveways.

b.

Directional signs for open houses. Up to three off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted on public or

private land, provided that they comply with the following standards:

1.

No sign or signs shall exceed four square feet in area, or three feet in height from finished grade.

2.

The sign or signs may not be placed more than 12 hours before the start or remain more than 12 hours after the conclusion of the open house event.

3.

Signs shall not interfere with public facilities or roads.

(20)

Small signs. All businesses and residences may display up to two signs, each no larger than six square feet in area and no higher than five feet, attached to a freestanding sign structure, a window, or a building wall. This exemption includes, but is not limited to, freedom of speech signs and political signs.

(21)

Window signs. Window signs on a building in non-residential districts subject to the following provisions:

a.

Window signs shall not exceed 20 percent of the area of window and transparent door frontage on any building facade.

b.

Window signs may be located on the ground floor or second floor of a building.

c.

Any sign either hung within two feet of a window or attached to a display located within two feet of a window shall be considered a window sign.

(Ord. No. 1624)

The following types of signs, materials, designs, messages, and locations are prohibited:

(1)

Animated and moving signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs or signs with visibly moving or rotating parts or visible mechanical movement of any kind, either adjacent to or as an integral part of the display, unless expressly allowed by this Chapter.

(2)

Inflatable signs. Signage or displays that are inflatable are prohibited regardless of location.

(3)

Portable signs. Signs not permanently attached to the ground or other permanent structure or signs designed to be transported including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs except where expressly provided for in this Chapter (See "Temporary Signs" in Section 11.27.120). Signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business identified on the sign.

(4)

Roof signs.

a.

Attached signs that extend above the top of roof or parapet (whichever is higher) of a building with a flat roof.

b.

Attached signs that extend above the deck line of a mansard roof.

c.

Signs on rooftop structures such as penthouse walls or mechanical enclosures.

d.

However, signs that do not extend above the deck line of a mansard roof, and that do not extend above the parapet (or the roofline if no parapet is present) of a flat roof are permitted subject to the standards of Section 11.27.080(2), Wall Signs.

Figure 11.27.040(4): Prohibited Signs—Roof Signs

==> picture [347 x 136] intentionally omitted <==

(5)

Signs creating traffic hazards.

a.

Signs located in such a manner as to constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign or signal device, or signs that may be confused with any authorized traffic sign, signal, or device; or

which makes use of the words "stop," "look," "danger," or any other word, phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers in their use of roads.

b.

Signs within five feet of a fire hydrant, street sign, or traffic signal if such placement could create a safety hazard.

(6)

Signs that produce noise or emissions. Signs that emit visible smoke, vapor, particles, or odor; or signs that produce noise or sounds that can be heard at the property line, excluding voice units at menu boards.

(7)

Signs in the right-of-way. No signs shall be erected in the public right-of-way, with the exception of legal notices that are required by law to be placed upon public property to provide notice to the public; signs erected by a governmental body to promote public safety or direct or regulate pedestrian or vehicular traffic; public holiday lights and displays; district identification signs; civic identity signs; signs and banners posted by the County above streets or attached to lamp posts or utility poles that promote County-sponsored events.

(Ord. No. 1624)

(a)

Zoning clearance. All non-exempt signs require zoning clearance. When signs also require a building permit (i.e. free standing or signs with electrical), the Planning Department will review applications for building permits for signs and determine if the proposed signs are consistent with the requirements contained in this Chapter. Where a building permit is required a separate zoning clearance is not required.

(b)

Building permit required. No person shall erect, alter, repair, or relocate any sign without first obtaining any required building permit for such work from the Building Official. No permit shall be issued until zoning clearance has been given and the Building Department determines that such work is in accordance with the building or electrical codes of the County. Except as otherwise provided, permits required by this Chapter will be issued pursuant to the same terms and according to the same fee schedule as all other building permits.

(c)

Planned sign permit program. A planned sign permit program (PSPP) is required for multi-tenant projects and for signs that do not conform with all the standards of this Chapter, as specified in Section 11.27.130, Planned Sign Permit Programs.

(Ord. No. 1624)

(a)

Calculation of sign area. The area of an individual sign shall be calculated as follows:

(1)

Single-faced signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, individual channel letters, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of single-faced signs is illustrated in Figure 11.27.060(a)(1).

Figure 11.27.060(a)(1): Calculation of Single-Faced Sign Area

==> picture [347 x 119] intentionally omitted <==

(2)

Double-faced signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area shall be computed as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located more than two feet or 45 degrees from one another, both sign faces shall be counted toward sign area. See Figure 11.27.060(a)(2).

Figure 11.27.060(a)(2): Calculation of Double-Faced Sign Area

==> picture [463 x 434] intentionally omitted <==

(b)

Calculation of lot frontage. If a lot fronts on two streets, both frontages may be used for calculating the allowable sign area. On lots with three or more frontages on a public street, the length of only two contiguous sides shall be added together to determine allowable sign area.

Figure 11.27.060(b): Calculation of Lot Frontage

==> picture [463 x 175] intentionally omitted <==

(c)

Measuring sign height. The height of a sign is the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

(1)

Height of freestanding signs. The height of freestanding signs shall be measured as the vertical distance from grade at the edge of the right-of-way along which a sign is placed to the highest point of the sign, including any structural or architectural components of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign's overall height. Signs oriented towards a freeway shall be measured from the project site grade or pad, whichever is lower.

(d)

Measuring sign clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

Figure 11.27.060(d): Measuring Sign Height and Clearance

==> picture [290 x 246] intentionally omitted <==

(e)

Building frontage. Building frontage is the building facade that directly abuts a public street, private street, parking lot driveway or parking spaces in which main customer access is provided to the business. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed ten feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

Figure 11.27.060(e): Building Frontage

==> picture [347 x 164] intentionally omitted <==

(Ord. No. 1624)

This Section establishes general physical standards and requirements that apply to all signs types and districts.

(1)

Code compliance. Signs erected, installed, located or maintained in the County must comply with all applicable structural provisions of the most recently adopted versions of the Uniform Sign Code, California Building Code,

and California Electrical Code adopted by the County.

(2)

Highway signs—Compliance with state and federal standards. No sign shall be allowed to conflict with state or federal standards for regulation of signs along State or interstate highway.

(3)

Encroachment into County right-of-way, public street, or sidewalk. Signs shall not be placed or project over, the County right-of-way, public street, or sidewalk unless an encroachment permit has been approved by the Public Works Department.

(4)

Intersection and driveway visibility. Signs shall not obstruct the visibility area specified in Section 11.19.130, Visibility at Intersections and Driveways.

(5)

Materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 60 days. Fabric signs shall be restricted to district identification and civic identity banners, awning signs, and temporary signs permitted pursuant to Section 11.27.120, Temporary Signs.

(6)

Weathered or damaged. The County reserves the right to remove any weathered or damaged special event and/or temporary signs.

(7)

Illumination. The illumination of signs, from either an internal or external source, shall be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:

a.

Sign lighting shall not be of an intensity or brightness, or generate glare, that will create a nuisance for residential buildings in a direct line of sight to the sign;

b.

External light sources shall be directed, shielded, and filtered to limit direct illumination of any object other than the sign.

c.

All sign illumination shall be non-pulsating, continuous, and stationary.

(Ord. No. 1624)

11.27.080. - Standards for specific sign types.

This Section establishes locational and other general standards for specific sign types that apply to all districts where such signs are permitted. Additional standards applicable to these signs in specific zoning districts are located in Sections 11.27.090, 11.27.100, and 11.27.110.

(1)

Freestanding signs. Freestanding signs, including pole and monument signs, are allowed, subject to the specific zoning district and use standards and the following standards:

a.

Freestanding signs shall not be erected or maintained closer than three feet to any building.

b.

Freestanding signs shall be located so as to maintain a setback, measured from that part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half the height of the sign.

c.

Freestanding signs shall include a base treatment that is consistent with the colors and materials of the buildings on the project site. Signs over ten feet in height shall include at least a five foot tall by two foot wide base.

d.

The colors and materials of the sign(s) shall be compatible with the colors and materials of the building(s).

Figure 11.27.080(1): Freestanding Signs

==> picture [290 x 183] intentionally omitted <==

(2)

Wall signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure. Wall signs are allowed, subject to the specific zoning district and use standards and the following standards:

a.

Wall signs may be:

1.

Attached flat against or pinned away from a building wall, but shall not extend or protrude more than one foot from the wall; or

2.

Attached to the facade of a building or on a sloping roof (mansard roof), but shall not extend above the upper edge of the facade or the sloping roof.

b.

Wall signs shall not be placed higher than the second story of a building.

c.

Wall signs shall not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments.

d.

Wall signs shall not extend higher than the building wall upon which they are attached.

e.

Signs placed on window spandrels, fascias, or sloping mansard roofs shall be centered vertically on such spandrel, fascia, or roof. The height of a sign placed on a spandrel, fascia, or roof shall not exceed two-thirds of the height of the feature to which the sign is attached.

Figure 11.27.080(2): Wall Signs

==> picture [347 x 130] intentionally omitted <==

(3)

Projecting signs. Signs under canopies or covers in conjunction with pedestrian walkways, or signs projecting from the building wall are allowed, subject to the specific zoning district standards and use and the following standards:

a.

Placement. No portion of a projecting sign shall extend above the highest point of a building wall or parapet. The highest point of any projecting sign shall not exceed 15 feet above grade.

b.

Minimum clearance. The lowest point of a projecting sign must be at least eight feet above the surface of any public sidewalk or street.

c.

Encroachment. All signs that project into the public right-of-way shall be designed and located so as to cause no harm to street trees. Signs projecting into the public right-of-way are subject to an encroachment permit.

d.

Maximum area. No projecting sign shall exceed 16 square feet in area or eight square feet if hung under a canopy or awning.

Figure 11.27.080(3): Projecting Signs

==> picture [347 x 195] intentionally omitted <==

(4)

Awning signs. Signs painted on awnings, canopies, arcades, or similar attachments or structures are allowed. Awning signs are subject to the specific zoning district and use standards and the following standard:

a.

Maximum surface area. No awning sign shall exceed ten square feet or 25 percent of the surface area of the awning, whichever is less.

b.

Placement. No awning or awning sign shall extend above 25 feet or the top of the second floor of a building, whichever is less.

c.

Minimum clearance. Awnings and canopies shall be located a minimum of eight feet above grade, measured from the lowest structural element of the awning or canopy.

d.

Illumination. Awning and canopy signs shall be unlighted.

Figure 11.27.080(4): Awning Signs

==> picture [347 x 150] intentionally omitted <==

(5)

Menu/order board signs. Outdoor menu/order board signs are subject to the following standards:

a.

Uses allowed with. Outdoor menu/order board signs are allowed on the site of a permitted drive-in, walk-up, or drive-thru facility.

b.

Number. A maximum of two per business with a drive-thru facility and one per business with a walk-up window.

c.

Location.

Menu/order board signs shall be located adjacent to the drive-thru aisle or walk-up window; and

2.

The signs shall not be located so as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive-thru aisle.

d.

Area. The area of each menu/order board sign shall not exceed 32 square feet.

e.

Height. The height of a menu/order board sign, including the pole or base, shall not exceed six feet from grade.

(6)

Subdivision signs. Signs for residential subdivisions include temporary off-premises advertising signs as well as permanent on-premises signs that serve as community identification.

a.

Off-premises subdivision signs. Off-premises signs that advertise a residential subdivision shall comply with the following standards:

1.

Number. No more than two signs are allowed per intersection.

2.

Location.

i.

Freestanding signs shall maintain a setback, measured from the part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half the height of the sign;

ii.

Off-premises subdivision signs shall be located only on property with written permission from property owner;

iii.

Off-premises subdivision signs shall be located within 500 feet of an intersection (measured at centerline); and

iv.

Signs at other locations may be approved as part of an area plan or Planned Sign Permit Program.

3.

Area. The area of any off-premises subdivision sign shall not exceed 64 square feet each.

4.

Height and width. Off-premises subdivision signs shall not exceed:

i.

Fifteen feet in height; and

ii.

Sixteen feet in width.

5.

Design. Off-site subdivision signs shall be freestanding and shall not contain more than two advertising sides. They shall conform to any plan area sign guidelines for the area or, if there are no applicable guidelines, they shall conform to the following design standards:

i.

Copy relating to specific subdivisions is limited to the subdivision name, a logo, and a directional arrow or directions to the subdivision; and

ii.

Any deviation from this design or the design established in the specific plan sign guidelines shall be reviewed as a Planned Sign Permit Program.

6.

Erection and removal.

i.

No off-site subdivision sign shall be erected until at least one subdivision is advertised on the sign;

ii.

A subdivision name may not be advertised on the sign before either a building permit or a public report by the Department of Real Estate has been issued for the subdivision;

iii.

A subdivision name shall be removed from the sign within 30 days if no model homes or lots are available for viewing or sale; and

iv.

The off-site subdivision signs shall be removed if no subdivision name has been advertised on it for a period of 90 days.

7.

Other. Other types of subdivision advertising signage, such as ladder signs and model home complexes, may be approved as part of a plan area or Planned Sign Permit Program.

Figure 11.27.080(6)a.: Off-Premises Subdivision Signs

==> picture [232 x 201] intentionally omitted <==

(7)

On-site subdivision signs. On-site subdivision signs shall comply with the following standards:

a.

Number. No more than a total of four signs are permitted at each subdivision entrance. Within this total may be included:

1.

No more than two freestanding signs; or

2.

No more than two walls signs; and

3.

No more than two logo signs.

b.

Location.

1.

Freestanding subdivision sign(s) shall:

i.

Be located at the entrance to the subdivision to which they relate on either one or both sides of the subdivision entrance; and

ii.

Maintain a setback, measured from the part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half the height of the sign.

2.

No on-site subdivision signs shall be permitted for an entrance from another subdivision.

3.

Wall signs may be mounted on an entry wall or sound wall on one or both sides of the entrance road to the subdivision.

4.

Logo signs may be mounted on an entry wall or sound wall (including pilasters) on one or both sides of the entrance road to the subdivision.

c.

Area.

1.

The maximum area of each freestanding sign shall be 32 square feet.

2.

The maximum area of each wall sign shall be 32 square feet.

3.

The maximum area of each logo sign shall be four square feet.

d.

Height. The maximum height of an on-premises subdivision sign shall be six feet.

e.

Design. On-site subdivision signs shall be used as community identification and shall not have the community builder's name or logo located on any signs.

Figure 11.27.080(7): Onsite Subdivision Signs

==> picture [347 x 120] intentionally omitted <==

(Ord. No. 1624)

The following signs are allowed in agricultural districts, rural community districts, and natural resource districts.

(1)

Freestanding signs.

a.

Number.

1.

Individual uses. For purposes of this Section, individual uses are sites with three or fewer tenant spaces or buildings on a single parcel. One freestanding sign is permitted for each street frontage of the lot. For lots with over 700 lineal feet of frontage and more than one driveway entrance a second freestanding sign shall be permitted. The total number of freestanding signs for an individual use shall not exceed two.

2.

Rural commercial centers. For purposes of this Section, rural commercial centers are sites designated as Rural Commercial that have four or more tenant spaces or buildings on a single parcel or adjacent parcels with shared parking and access. One freestanding sign is permitted for each street frontage of the lot. One additional freestanding sign is permitted for every 700 lineal feet of street frontage. The total number of freestanding signs for a rural commercial center shall not exceed four.

b.

Area. Each freestanding sign shall not exceed a signage area of 36 square feet for individual uses or 60 square feet for rural commercial centers.

c.

Height. Monument signs shall not exceed a height of eight feet. Properties that are directly accessed off of a state high way or a roadway with a posted speed limit of 55 miles per hour may install a pole sign not to exceed a height of 15 feet.

d.

Setbacks. Freestanding signs shall be set back at least ten feet from the road right-of-way.

(2)

Wall signs. Each tenant may have one wall sign not to exceed one and one-half square feet per lineal foot of building frontage of the tenant space, with a maximum of 40 square feet per tenant.

(3)

Subdivision signs. On-premises and off-premises subdivision signs are allowed according to the standards of Subsection 11.27.080(6), Subdivision Signs.

(4)

Illumination. With the exception of properties designated as rural commercial or public facility, signs shall not be internally illuminated.

(Ord. No. 1624)

The standards of this Section shall apply to signs in residential districts, as well as to residential uses located in any mixed-use district.

(1)

Freestanding signs and signs mounted on fences or sound walls. One freestanding sign or a sign mounted on a fence or sound wall is allowed on the site of a multi-unit residential or single room occupancy use with three or more units. The sign shall not exceed 32 square feet in area or six feet in height.

(2)

Wall signs. One wall sign not to exceed 40 square feet in area is allowed on the site of a multi-unit residential or single room occupancy use with three or more units.

(3)

Directory sign. One directory sign per primary entrance is allowed per primary entrance on the site of a multiunit residential or single room occupancy use with three or more units.

(4)

Subdivision signs. On-premises and off-premises subdivision signs are permitted according to the standards of Subsection 11.27.080(6), Subdivision Signs.

(5)

Illumination. No sign in a residential district shall be internally illuminated. Illumination, if any, shall be indirect.

(Ord. No. 1624)

The standards of this Section apply to signs for nonresidential uses located in commercial and mixed-use, employment, and public and semi-public districts. Residential uses located within these districts shall be subject to the provisions in Section 11.27.100, Sign Standards—Residential Districts and Uses.

(1)

Freestanding signs. Freestanding signs are permitted according to the standards of Section 11.27.080, Standards for Specific Sign Types and the following:

a.

Number.

1.

Individual uses. Every individual use may erect and maintain one freestanding sign plus one additional sign if the project has more than one street frontage or is adjacent to a freeway, or has over 700 lineal feet of street frontage and more than one driveway entrance. The total number of freestanding signs for an individual use shall not exceed two.

2.

Building complexes. Developments of three or more nonresidential buildings, tenants, or uses may erect and maintain:

i.

One on-site freestanding sign per building complex;

ii.

One additional on-site freestanding sign for building complexes with more than one street frontage when an entrance to the building complex is provided, or when freeway frontage exists and the additional sign is oriented towards the freeway; and

iii.

One additional on-site freestanding sign is permitted for every 700 lineal feet of street frontage.

b.

Height.

1.

DC Districts and neighborhood service uses in residential districts: eight feet.

2.

Other nonresidential districts: Signs may not exceed a height of 20 feet.

3.

Sites that are adjacent to a freeway or state highway may increase the height of one of their permitted signs to a maximum height of 25 feet so long as the sign is oriented towards the freeway or highway.

c.

Area.

1.

DC Districts and neighborhood service uses in residential districts: 36 square feet (excluding sign base).

2.

Other Nonresidential Districts: 150 square feet (excluding sign base).

(2)

Wall signs. Wall signs are permitted according to the standards of Section 11.27.080, Standards for Specific Sign Types and the following:

a.

Number.

1.

Individual uses. Every individual use may erect and maintain up to two wall signs, provided that each sign is located on a different side of the building and faces a public entrance, street, or parking lot.

Building complexes. Developments of three or more non-residential buildings, tenants, or uses may erect and maintain:

i.

Major tenants are permitted an unlimited number of wall signs;

ii.

Freestanding pad buildings with one tenant are permitted three wall signs, provided that each sign is located on a different side of the building and faces a public entrance, public street or parking lot;

iii.

Freestanding pad buildings with two or more tenants are permitted two wall signs per tenant, provided that the signs for each tenant are located on a different side of the building and face a public entrance, public street or parking lot; and

iv.

Uses that are neither major tenants nor freestanding pad buildings are permitted one wall sign; however, a use on a corner of the building is permitted two wall signs, provided that each sign is located on a different side of the building and faces a public entrance, a public street, or a parking lot.

b.

Area. The combined area of all wall signs for a building shall not exceed one and one-half square feet per lineal foot of building frontage, with a maximum of 200 square feet per use. Major tenants of a building complex with 100,000 square feet or more of floor area are permitted up to a maximum of 300 square feet of cumulative wall sign area.

c.

Length. The length of any wall sign shall not exceed 70 percent of the length of the tenant space facade or building facade to which it is attached.

(3)

Projecting signs. Every individual use in the DC and NMX districts and in building complexes with three or more non-residential buildings, tenants, or uses, may erect and maintain one projecting sign according to the standards of Section 11.27.080, Standards for Specific Sign Types.

(4)

Awning signs. Each non-residential ground-floor establishment may display up to three awning signs, with only one sign per awning in accordance with the standards of Section 11.27.080, Standards for Specific Sign Types.

(5)

On-site directional signs. Signs to direct on-site traffic circulation are permitted according to the following standards:

a.

Number.

1.

One directional sign is permitted for each one way driveway;

2.

One directional sign is permitted for each drive-through aisle;

3.

One directional sign is permitted for each service or delivery entrance; and

4.

Additional directional signs are permitted if a health and safety need is demonstrated to the satisfaction of the Planning Director.

b.

Area. The area of each directional sign shall not exceed four square feet.

c.

Height. The height of each directional sign including the base may not exceed four feet.

d.

Location.

1.

Directional signs shall be set back from any property line at least one-half the height of the sign; and

2.

Signs shall not be located so as to impair the vision of the driver of a vehicle traveling either into, out of, or through the site.

(6)

Off-site directional signs. Non-residential uses located outside the valley growth boundary may request a zoning clearance approval for off-site directional signs. Off-site directional sign requests shall meet the following criteria:

a.

Applicant has demonstrated the sign(s) is necessary to direct customers to the business.

b.

Signs are located within one mile (to extent feasible) of turn-off road that business is located on.

c.

Sign shall be located at least 500 feet from another off-site directional sign located on the same side of the roadway.

d.

Sign does not exceed 32 square feet in area and eight feet in height. Shared signs for two or more businesses shall not exceed 70 square feet in area.

e.

Sign copy is limited to name and address of business, logo not exceeding two square feet in area, turning direction and distance to turn.

f.

Written proof from property owner allowing the placement of off-site sign on their property.

g.

Sign is located outside of public right-of-way and clear vision triangle.

h.

The business name and information shall be removed from the sign within 30 days of the business closing or relocating. Off-site directional signs shall be removed if no business name has been advertised for a period of 90 days.

i.

Off-site directional signs shall not be used to affix temporary banner signs or other signs or information not directly related to the purpose of the off-site directional sign.

(7)

Menu/order board signs. Menu/order board signs are permitted according to the standards of Section 11.27.080, Standards for Specific Sign Types.

(8)

Programmable electronic signs. Programmable electronic signs are permitted according to the following standards:

a.

Uses allowed with. Programmable electronic signs are allowed on the site of the following uses and for the following purposes:

On the site of a service station, in order to display the price of fuel.

2.

On the site of a Hotel or Motel, in order to display room rates and vacancies.

3.

On the site of a theater, cinema, stadium, auditorium, church, or similar community assembly, cultural institution, indoor entertainment and recreation, and outdoor entertainment uses, programmable electronic signs shall be limited to advertisement or notification of events occurring solely on the premises or within the immediate community. Signs may also be used to post emergency information.

4.

In order to display time and temperature.

5.

Governmental signs for posting public and community information.

b.

Standards. Programmable electronic signs shall comply with the provisions for freestanding signs as provided by Subsection 11.27.080(1), Freestanding Signs, and wall signs as provided by Subsection 11.27.080(2), Wall Signs.

c.

Cinemas and theaters. In addition to the other standards of this Section, the following provisions apply to signs on the site of a cinemas or theaters.

1.

Number. A maximum of one programmable electronic sign is permitted per movie theatre.

2.

Location.

i.

Displays shall be located within ten feet of a box office, ticket window, or building entrance.

ii.

Signs shall be oriented to be readable by pedestrians rather than from auto travel areas.

3.

Area. Programmable electronic signs shall be limited to a maximum area of 30 square feet.

(9)

Service stations. In addition to the other standards of this Chapter, the following provisions apply to signs on the site of a service station.

a.

Freestanding fuel price signs.

1.

Number. In addition to the freestanding sign for an individual use permitted by Section 11.27.110, Sign Standards—Non-residential Districts, each service station shall be permitted to erect and maintain one freestanding price sign for the primary purpose of advertising motor vehicle fuel prices. The sign shall comply with the provisions of California Business and Professions Code § 13531 regarding display requirements.

2.

Location.

i.

Freestanding fuel price signs shall not be erected or maintained any closer than three feet to any building; and

ii.

Any freestanding fuel price sign shall maintain a setback, measured from that part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half the height of the sign.

3.

Sign area. The maximum area of any fuel price sign shall be 100 square feet.

4.

Maximum height. The maximum height for any motor vehicle fuel price sign shall be 15 feet.

5.

Base design. The base of any fuel price sign shall be constructed of materials that match the exterior materials utilized on the main building.

6.

Electronic displays.

i.

Fuel price signs may consist of programmable electronic signs. Use of such programmable electronic signs shall be limited to the portion of any sign structure devoted exclusively to display of motor vehicle fuel price information required or permitted by California Business and Professions Code § 13530 et seq.

ii.

Displays shall not be flashing or moving but shall remain static. Displays may not be changed more than once per 12-hour period.

b.

Wall signs. Wall signs associated with a service station shall comply with the standards of Section 11.27.080(2), Wall Signs, except as otherwise specified in this Section.

c.

Awning signs. Each service station site may have up to four awning signs located upon the fuel canopy. Corporate logos and symbols shall be included in sign area.

d.

Combined area of wall and awning signs. The combined area permitted for all wall signs and awning signs for each service station shall not exceed 200 square feet.

e.

Fuel pump and under-canopy signs. Additional signs advertising the price of each grade of gasoline may be placed on each gasoline pump or beneath any canopy which is over the gasoline pumps.

(Ord. No. 1624)

Temporary banners, streamers, flags (excludes official flags pursuant to Chapter 11.27.030, Exempt Signs), or portable signs, as defined herein, for special events or sales, such as new car sales, clearance sales, outdoor fairs and sales, grand openings, and events of a similar nature. These signs shall not replace the primary permanent sign(s) for a business, and the business must have a permanent sign permit on file with the County.

(1)

Number. No more than two such temporary signs may be erected per business at any one time.

(2)

Duration. Signs may be posted on a continuous basis, but shall be kept in a good state of repair and preservation. These signs shall be made of a durable material and shall be subject to the same maintenance provisions as permanent signs.

(3)

Design. Temporary signs shall not be illuminated and shall not contain moving parts.

(4)

Maximum area. The following standards will be utilized in determining the maximum sign square footage allowed per business:

a.

Building or tenant spaces having less than 50 linear feet of building frontage are allowed a total of 60 square feet of sign area.

b.

Buildings or tenant spaces within a building complex having more than 50 linear feet of building frontage but less than 100 feet of building frontage are allowed a total of 80 square feet of sign area.

c.

Buildings or tenant spaces within a building complex having more than 100 feet of building frontage are allowed a total of 120 square feet of sign area.

(5)

Traffic and visibility. Such temporary signs shall in no way obstruct or visually impair the public right-of-way or internal walkways.

(6)

Location. If a banner sign is used, it may be affixed to the face of a building, perimeter wall/fence, or permanent freestanding sign. If attached to a freestanding sign, it shall be fully adhered to the face of the existing sign and be restricted to only one sign per center/use. Freestanding banners shall be adequately anchored to the ground in a manner that can be removed and does not cause a safety hazard. Temporary signs shall be restricted to the building areas that front onto a street or parking lot directly adjacent to the business for which the sign is posted. If affixed to a building, these signs shall not extend above the roofline or parapet of the structure.

(7)

Additional temporary signs may be authorized for a limited period of time through approval of a waiver by the Zoning Administrator.

(Ord. No. 1624)

(a)

PSPP required. A planned sign permit program (PSPP) is required for:

(1)

Off-site subdivision signs not in conformance with Section 11.27.080(6), Subdivision Signs.

(2)

Plan area (i.e. specific plan, community plan, area plan) signs not in conformance with the standards of this Chapter.

(3)

Community or regional marketing or branding signs.

(4)

Modification of an existing PSPP.

(b)

Application information. An application for a PSPP shall be filed with the Planning Department, consistent with the procedures of Chapter 11.53, Common Procedures. In addition to any other required information, applications for a PSPP shall include the following information as applicable:

(1)

Computation of total allowable sign area for the site and total area of all proposed signage.

(2)

A site plan indicating the location of buildings and all proposed signs;

(3)

Elevation drawings of all buildings on the site on which signs are proposed to be located, with the general size and placement of signs indicated on the elevations;

(4)

Drawings of generic sign types, including information on sign materials and color schemes;

(5)

A written program of criteria for all sign types, including, but not limited to, number, type, location, size, height, materials, letter style, colors, and illumination; and

(6)

Any additional information or materials necessary for processing and review of the application as deemed necessary by the Planning Director.

(c)

Allowable modifications. A PSPP may provide for additional sign area and other deviations from the standards of this Chapter.

(d)

Decision-making authority.

(1)

An application for a PSPP shall be reviewed and acted upon by the Development Review Committee.

(2)

In the case of projects that require other approvals from the Planning Commission or Board of Supervisors, the decision-making authority for the other permit shall be the decision-making authority for the PSPP.

(e)

Criteria for approval. The decision-making authority shall only approve a PSPP if it makes all of the following findings:

(1)

The sign program incorporates common design elements such as sign materials, colors, and/or themes that will serve to create a coherent appearance for the site;

(2)

The proposed signs will be visually compatible in style, scale, and character with on-site buildings and any surrounding structures;

(3)

Building-mounted signs will be in appropriate proportion to building facades;

(4)

Proposed signs will not adversely affect surrounding land uses or obscure adjacent conforming signs;

(5)

Future tenants will be provided adequate opportunities to construct, erect or maintain a sign for identification;

(6)

Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access; and

(7)

The PSPP is consistent with any adopted design guidelines or sign standards for any specific, community, or area plan covering the site.

(f)

Effect of PSPP.

(1)

Upon approval of a PSPP, all future signs erected in the area governed by the PSPP shall conform to the PSPP, and no permits shall be issued for signs not in conformance with the criteria of the PSPP.

(2)

Relief from the provisions or criteria of a PSPP may be granted only with the approval of a new PSPP.

(3)

If the provisions of an approved PSPP conflict with other provisions of this Chapter, the PSPP shall control.

(g)

Permits for sign within a PSPP. Any person wishing to erect or maintain a sign within any area governed by a PSPP shall apply for a building permit and obtain a Zoning Clearance. The Zoning Administrator shall grant a clearance for individual signs consistent with the PSPP and deny an application for any sign(s) not in conformance with the criteria of an applicable PSPP.

(h)

Lessees to be informed of PSPP. Lessees within developments subject to the requirements of an approved PSPP shall be made aware of the PSPP in their lease.

(Ord. No. 1624)

All existing non-conforming signs shall either be removed or modified to conform with provisions of this Chapter when a change of use or occupancy, or expansion of a use is approved, except as provided below:

(1)

Pole signs. The continued use of legally established pole signs in a Commercial District shall be permitted, provided no modification or alteration is made other than change of copy.

(2)

Limited alterations. A non-conforming sign may not be expanded, extended, reconstructed, moved, or altered in any way, except according to the following provisions:

a.

Changes in sign face, copy, graphic design or color are permitted.

b.

Such non-conforming sign may be removed for purposes of repair and routine maintenance, including painting, provided that such sign is replaced within 60 days of its removal.

c.

Such non-conforming sign may be removed for the purpose of remodeling a building, provided that replacement occurs within 30 days after remodeling is completed.

(3)

Restoration of a damaged sign.

a.

Whenever a lawful non-conforming sign is destroyed by fire or other calamity to an extent of 50 percent or less, the sign may be restored and the non-conforming use of the sign may be resumed, provided that restoration is started within one year and diligently pursued to completion.

b.

Whenever a non-conforming sign is destroyed by fire or other calamity to a greater extent than 50 percent, or is voluntarily razed or is required by law to be razed, the sign shall not be restored except in full conformity with this Code.

c.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the sign to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire sign as it existed prior thereto. Estimates for this purpose shall be made or shall be reviewed and approved by the Building Official or his or her designee.

(4)

Abandonment of non-conforming sign. Whenever a non-conforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 90 days, the non-conforming sign shall be removed.

(Ord. No. 1624)

Every sign displayed within the County, including but not limited to those signs for which permits are or are not required, shall be maintained in good physical condition. All signs, together with supports, braces, anchors, and electrical components, shall be kept in a safe, presentable condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Planning Director may order the repair or removal of any sign determined by the County to be unsafe, defective, damaged, or substantially deteriorated. The Planning Director may declare a sign abandoned if, after 90 days' written notice to the permit holder, the permit holder has failed or refused to maintain the sign. Upon such declaration, the sign may be considered abandoned and abated as provided in Section 11.27.160, Removal of Illegal Signs.

(Ord. No. 1624)

The following signs as described below are declared to be public nuisances and may be removed by the Planning or Building Director or his or her designated representative in accordance with the abatement procedure described in Chapter 7.36, Property Maintenance Ordinance, of the County Code.

(1)

Abandoned signs (over 90 days).

(2)

Destroyed or damaged signs (over 50 percent and the destruction is other than facial copy replacement).

(3)

Flashing, rotating, or flying signs.

(4)

Non-conforming temporary signs.

(5)

Unsafe signs or any sign that constitutes a traffic hazard.

(6)

Any other sign that is prohibited per Section 11.27.040, Prohibited Signs.

(7)

Any sign installed after March 26, 1985 without a building permit which sign required a building permit at the time of its installation.

(Ord. No. 1624)

The provisions of this Section may be waived or modified through approval of a waiver or variance where the decision-making authority finds the strict adherence to the sign regulations is not practical or will cause an undue hardship.

(Ord. No. 1624)

CHAPTER 11.28 - FRONTAGE IMPROVEMENTS

(a)

The lack of improved sidewalks within the valley growth boundary of Yuba County in many instances forces pedestrians, including school children, to walk in the streets and to be subjected to the hazards of vehicular traffic, and the lack of sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along the street or dirt sidewalks.

(b)

The lack of improved curbs and gutters within the valley growth boundary of Yuba County permits poor drainage, puddles of water, the accumulation of filth, and subjects pedestrians and children in the normal sidewalk area to increased risk from accidental injury by vehicular traffic.

(c)

The lack of improved streets within the valley growth boundary of Yuba County also permits poor drainage, puddles of water, and accumulation of filth and, in addition, impedes the operation of fire trucks, police cars and other emergency vehicles.

(d)

The existence of unimproved curbs, gutters, sidewalks and streets adjoining unimproved real property dwellings and buildings within the valley growth boundary of Yuba County or conversely, the lack of adequate curbs, gutters, sidewalks and streets is hereby found and declared to be prejudicial and dangerous to the public health, safety and welfare of the inhabitants of the County.

(e)

Throughout the County of Yuba, in order to provide for the proper and orderly development of public road, drainage, utility, and related systems for the benefit of the public and to provide for the general welfare, health and safety of the public, it has been determined that right-of-way dedications shall be required as provided in this Chapter.

(Ord. No. 1624)

11.28.020. - Required construction of curbs, gutters, sidewalks and streets.

(a)

Construction of new buildings within the valley growth boundary. Any person who places or constructs or causes to be placed or constructed in the urban areas of Yuba County any building, dwelling, or other structure on a vacant parcel for which a building permit is required, shall construct driveways, curbs, gutters, sidewalks and streets in accordance with the County of Yuba Standard Plans and Specifications along all street frontage adjoining the property upon which building, dwelling, or other structure is constructed, unless adequate curbs, gutters, sidewalks or streets already exist. In each instance, the Department of Public Works of the County of Yuba shall determine whether or not adequate curbs, gutters, sidewalks and streets already exist, and an endorsement to that effect shall be made on each application for a building permit prior to the time such permit is issued.

(b)

Alteration, expansion or enlargement of existing buildings within the valley growth boundary. Any person who constructs or causes to be constructed any accessory building or who alters, enlarges or expands or causes to be altered, enlarged or expanded any building, dwelling, or other structure in any urban area of Yuba County where the valuation of such accessory building, alteration, enlargement, or expansion exceeds the sum of $25,000.00 (within a three-year period), shall also construct curbs, gutters, sidewalks and streets in accordance with the County of Yuba Standard Plans and Specifications along all street frontage adjoining the property upon which such building, dwelling, or other structure is altered, enlarged, or expanded, or upon which such accessory building is constructed, unless adequate curbs, gutters, sidewalks or streets already exist. In each instance the Department of Public Works of the County of Yuba shall determine whether or not adequate curbs, gutters, sidewalks and streets already exist, and an endorsement to that effect shall be made on each application for a building permit prior to the time such permit is issued.

(c)

Use permit or variance. The decision-making authority may require as a condition for the issuance of a use permit or variance that the applicant for such use permit or variance construct or cause to be constructed driveways, curbs, gutters, sidewalks, streets, and drainage improvements to conform to the policy provisions of the Yuba County General Plan as adopted or amended and in accordance with the County of Yuba Standard Plans and Specifications.

(d)

Waiver. The Director of Public Works may modify, or through recordation of a Deferred Improvement Agreement, defer the requirement for curbs, gutters, sidewalks, or streets when he or she finds that any of the following conditions exist:

(1)

The proposed improvement cannot function properly due to lack of complementary facilities on the adjacent frontage or reasonably appurtenant to such frontage, and there is no planned or budgeted work by the County or other appropriate agency to provide such complementary facilities.

(2)

Topographical features or other physical conditions would prevent the actual installation.

(3)

Topographical features or other physical conditions would permanently obstruct or prevent proper functioning and use of the completed improvements.

(e)

Review by Board of Supervisors. Upon written application being made to the Board of Supervisors, the Board of Supervisors may waive or modify by resolution or minute action the requirements of the Department of Public Works when the Board of Supervisors finds that any one of the following conditions exist. The decision of the Board to approve, modify, conditionally approve, or waive the requirements of the Department of Public Works shall be final. Said conditions are as follows:

(1)

The Board of Supervisors determines that because of lack of adequate data in regard to grades, plans or surveys, the construction of curbs, gutters and sidewalks should be deferred to a later date.

(2)

The Board of Supervisors determines that the County or any other agency has planned or budgeted for a project encompassing the block or other appropriate unit of the area in question and the proposed improvements normally required under this Chapter would conflict with such project; or such improvements could not function properly without completion of the above-mentioned project, in which event the required improvement may be deferred for a period of two years subject to the execution of an agreement providing for the installation of the improvements within such two-year period or within such period thereafter as extended by the Board of Supervisors. Such agreement shall provide that the applicant shall furnish a faithful performance bond to be approved by the Board and by its terms made to inure to the benefit of the County and conditioned upon the performance of the terms and conditions of said agreement.

(3)

The Board of Supervisors determines that the public health, safety and welfare of the inhabitants of said county would not be endangered by the deferment of the construction of curbs, gutters, sidewalks and streets in conjunction with the proposed construction or expansion.

(Ord. No. 1624)

The required street frontage improvements shall be designed and constructed in accordance with County standards and specifications, and shall be subject to inspection and approval by the Director of Public Works.

(1)

Arrangements for relocation of public utility facilities. In the event that the Public Works Director determines that the contemplated construction of adequate curbs, gutters, sidewalks or streets as may be required in individual cases will necessitate the relocation or alteration of public utility facilities, including, but not limited to gas, electricity, telephone and water, said Public Works Director may require the person requesting the building permit pursuant to this Chapter to produce satisfactory evidence that such person has made arrangements and financial coverages with such public utility companies for the relocation or modification of said public utility facilities.

(2)

Denial of final approval and acceptance. The Building Official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or structure, unless the Director Public Works determines that the installation of such improvements may be made at some future date, and in such event their construction and installation shall be guaranteed to the satisfaction of the Public Works Director or the Board of Supervisors.

(Ord. No. 1624)

The Director of Public Works is empowered to collect fees in lieu of actual construction to cover the estimated costs of constructing curbs, gutters, sidewalks and streets and related improvements required by this Chapter when the following conditions exist:

(1)

The Director of Public Works finds that the proposed improvements will not function properly at the time of development of the property.

(2)

The proposed improvements can be more economically constructed in conjunction with programmed complementary facilities that are planned to be constructed subsequent to the date of map recordation or other granting of entitlement by the County, provided that said delay would not result in any detriment to the general health, safety and welfare to the residents of the County.

(Ord. No. 1624)

(a)

General.

(1)

Dedication. In both urban and non-urban areas of Yuba County, any person who places or constructs or causes to be placed or constructed any building, dwelling, or other structure, or any new installation for which a building permit, use permit, or other entitlement is required shall, in addition to other requirements of this Chapter and subject to the requirements stated in Subsections (B) and (C) of this Section, dedicate to the County sufficient right-of-way from the centerline of the roadway to bring the one-half width of the right-of-way adjoining the property upon which such building, dwelling, or other structure is constructed, to one-half of the width outlined in the Circulation section of the Community Development Element of the General Plan or the County standard plans for the particular road classification, or as approved by the Director of Public Works. Right-of-way section shall be full width if road bisects subject property (i.e. property is located on both sides of the road). Such right-of-way dedication may be offered to County in fee or easement as determined by the Director of Public Works

(2)

Setback requirement. In both urban and non-urban areas of Yuba County, any person who places or constructs or causes to be placed or constructed any building, dwelling, or other structure, or any new installation for which a building permit, use permit or other entitlement is required shall, in addition to other requirements of this Chapter, comply with a building setback area over that portion of the property which fronts existing streets. The setback area shall be as required by the zone district that the property is located in.

(b)

Conditional use permits. All Minor Use Permits and (Major) Conditional Use Permits will require dedications in accordance with Subsection (a) of this Section. However for parcels having greater than 200 feet of undeveloped frontage, instead of dedications being required along the entire frontage, dedications may be limited to the frontage of that portion of the parcel being improved, except that in no case shall the length of the dedication be less than 200 feet or the width of the lot frontage, whichever is less. For parcels in which the proposed site improvements are not contiguous with the road, the Public Works Department will determine the length of the required dedication within the property limits necessary to provide for right-of-way needs for all current and future impacts produced by the project and ensure adequate right-of-way to meet future circulation needs, but in no case shall such dedication be less than 200 feet of frontage or the width of the lot frontage, whichever is less. The determination made pursuant to the preceding sentence may be appealed to the Planning Commission.

(c)

Building permits. All building permits will require dedications in accordance with Subsection (a) of this Section. However, for parcels having greater than 200 feet of undeveloped frontage, instead of dedications being required along the entire frontage, dedications may be limited to the frontage of that portion of the parcel being improved, except that in no case shall the length of dedication be less than 200 feet or the width of the lot frontage, whichever is less. For parcels in which the proposed site improvements are not contiguous with the road, the Public Works Department will determine the length of the required dedication within the property limits necessary to provide for right-of-way needs for all current and future impacts produced by the project and ensure adequate right-of-way to meet future circulation needs, but in no case shall such dedication be less than 200 feet of frontage or the width of the lot frontage, whichever is less. The determination made pursuant to the preceding portions of this Subsection may be appealed to the Planning Commission.

(d)

Exemption.

(1)

Right-of-way dedications shall not be required pursuant to Subsection (c) above for a building permit issued for improvements having a valuation less than $25,000.00 (within a three-year period) and provided that any building meets the building setback requirements described in Subsection (a)(2) of this Section.

(e)

Waiver.

(1)

Director of Public Works. The Director of Public Works shall have the authority to waive dedications for rightsof-way and requirement for setback width required for future right-of-way where there are existing permanent structures within these areas. The waiver shall be limited to the area necessary to preserve the existing facilities.

(2)

Board of Supervisors. Upon written application being made to the Board of Supervisors of the County of Yuba, the Board of Supervisors may waive or modify the dedication and setback requirements of this Section upon the showing of good cause. Good cause shall be shown if a finding can be made that such action is in keeping with the purposes and intent of this Section and the Yuba County General Plan.

(Ord. No. 1624)